Goa Gazette, No. 2122-16, 15 July 2021

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Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

Panaji, 15th July, 2021 (Asadha 24, 1943) SERIES I No. 16 PUBLISHED BY AUTHORITY

SUPPLEMENT

GOVERNMENT OF GOA

Department of Home

Home—General Division

–––

Notification

9/54/2016-HD(G)/2406

In exercise of the powers conferred by Section 59 of the Prisons Act, 1894 (Central Act 9 of 1894), as in force in the State of Goa, and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, namely:—

CHAPTER I

Preliminary

1. Short title and commencement.— (1) These rules may be called the Goa Prisons Rules, 2021.

(2) They shall, save as expressly provided otherwise, apply to and in relation to all prisons in the State of Goa.

(3) They shall come into force on the date

of their publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless

the context otherwise requires,—

(a) "ACT" means the Prisons Act of 1894

(Central Act 9 of 1894).

(b) "ADULT PRIS ONER" means any prisoner who is more than 21 years of age.

(c) "ADDITIONAL SUPERINTENDENT" means the Executive Officer next below to the Superintendent and who has the charge of a Jail or prison and prisoners.

(d) "ASSISTANT SUPERINTENDENT" means the next below Executive Officer to the Deputy Superintendent.

(e) "ASYLUM" means an asylum (or Mental Hospital) for lunatics established or licensed by the Government.

(f)"CASUAL PRIS ONER" means a

prisoner other than a habitual offender.

(g) "CHAKKAR/INTERNAL CONTROL ROOM" means the place where control of the internal administration of the prison is situated.

(h) "CHIEF MEDICAL OFFICER" in relation to prisons, means a gazetted officer of the government and includes qualified medical practitioner declared by general or special orders of the government to be a medical officer.

(i) "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.

(j) "CLASSIFICATION COMMIT TEE" means the Work Assignment Committee constituted at a prison under these rules.

(k) "CODE" means the Code of Criminal

Procedure, 1973.

(l) "COMPETENT AUTHORITY" means any officer having jurisdiction and due legal authority to deal with a particular matter in question as referred in these rules.

(m) "CONVICT" means any prisoner under sentence of a cour t 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 of 1973 (Central Act 2 of 1974) and the Prisoners Act of 1900 (Central Act 3 of 1900).

(n) "CORRECTIONAL ADMINIS- TRATION" means the administration of ser vices aimed at the reformation and rehabilitation of the offenders.

(o) "CORRECTIONAL PERSONNEL" means Personnel engaged for Correctional purposes in the Prison Department.

(p) "COURT" means any officer lawfully exercising civil, criminal or revenue jurisdiction.

(q) "CRIMINAL PRISONER" means any prisoner duly committed to custody under the writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a court martial.

(r) "DEPUTY SUPERINTENDENT" means the Executive Officer next below to the Additional Superintendent and who has the charge of a Jail or prison and prisoners.

(s) "DETENUE" means any person detained in prison on the orders of the competent authority under the relevant preventive Laws.

(t) "DIRECTORATE OF HEALTH SERVICES" means the Directorate of Health Services, Government of Goa.

(u) "DEODHY" means the main gate/

administrative block of the prison.

(v) "DISTRICT" means Districts notified

by the Government Goa.

(w) "ENCLOSURE" means an area surrounded by fences or walls in the prison.

(x) "FURLOUGH" means release of prisoner for a short period of time as prescribed under these rules.

(y) "GERIATRIC PRISONER" means a prisoner who is 60 years of age or above and medically unable to manage his/her daily affairs independently without assistance.

(z) "GOVERNMENT" means Government as defined in the Indian Penal Code, 1860 (Central Act XLV of 1860).

(aa) "HABITUAL OFFENDER" means a prisoner classified as such in accordance with the provisions of applicable law or rules:

(i) Any person convicted of an Offence whose previous conviction or conviction under Chapter XII, XVI, XVII of the Indian Penal Code, 1860 taken by themselves or with the facts of the present case show that habitually commits an Offence or Offence punishable under any or all of the previous mentioned chapters;

(ii) Any person committed to or detained in prison under section 22 (read with section 110) of the Code of Criminal Procedure, 1973;

(iii) Any person convicted of any of the Offences specified in (i) above when it appears from the facts of the case even although 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;

(iv) 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 Criminal, if he had been, convicted in a Court established in India.

Explanation: For the purpose of this definition the word "Conviction" shall include an order made under Section 117, read with Section 110, of the Criminal Procedure Code, 1973.

(ab) "HIGH-RISK OFFENDER" means a prisoner with high propensity towards violence, escape, self-harm, disorderly behaviour, 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 behaviour.

(ac) "HISTORY TICKET" means the ticket exhibiting such information as is required in respect of each prisoner by the Prisons Act or the Rules framed thereunder.

(ad) "IMPRISONMENT" as defined in the

Indian Penal Code, 1860.

(ae) "INSPECTOR GENERAL/INS- PECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES" means Inspector General of Prisons appointed under section 5 of the Prison Act, 1894 (IX of 1894) and who shall function as the Head of the Department.

(af) "INSTITUTION" means place where prisoners are lawfully confined and also known as prison.

(ag) "JAIL" includes Central Jail, District Jail, Sub-Jail, Special prison, Civil Jail and such other Jail for the purpose of implementing provisions of these rules.

(ah) "LABOURING DIET" means the scale of diet as for a prisoner engaged on labour.

(ai) "LABOURING PRISONER" means a

prisoner engaged on labour;

(aj) "MAGISTRATE" means any person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1973.

(ak) "MEDICAL OFFICER/JUNIOR SPECIALISTS" in relation to prisons, means a gazetted officer of the government and includes qualified medical practitioner declared by general or special orders of the government to be a medical officer/Junior Specialist.

(al) "MULAKAT/INTERVIEW" means meeting of prisoners with their relatives, family and acquaintances.

(am) "MULTIPLE MURDERS" mean Murder of more than one person either in Single FIR or Multiple FIRs.

(an) "MILITARY PRISONER" means a

prisoner convicted by Court Martial.

(ao) "MEDICAL SUBORDINATE" means

a qualified medical assistant.

(ap) "NON HABITUAL PRISONER" means a prisoner other than a habitual offender.

(aq) "NOTIFICATION" means a notification published in the Official Gazette.

(ar) "OFFENCE" means any act or omission made punishable by any Law for the time being in force.

(as) "OFFICIAL GAZETTE" means the

Official Gazette of the State Government.

(at) "OPEN PRISON" means any place within the prison complex so declared by the Government for temporary or permanent use for the detention of prisoners in which the prisoners are trusted to serve their sentences with minimal supervision and perimeter security and are not locked up in prison cells. Prisoners may be permitted to take up employment outside the prison complex while serving their sentence.

(au) "PAROLE SYSTEM" means the system of releasing prisoners from prison on parole by suspension of their sentence in accordance with the rules.

(av) "PRESCRIBED" means as prescribed by Rules made by the Government under the Act.

(aw) "PRISON" means any place used permanently or temporarily under the general or special orders of the State 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:

(i) any place for the confinement of prisoners who are exclusively in the custody of police,

(ii) any place specially appointed by the State Government under Section 541, of the Code of Criminal Procedure, 1882 (10 of 1882),

(iii) any place which has been declared by the Government by general or special order to be a special prison.

(ax) "PRISONER/INMATE" means any person confined in prison under the order of a competent authority.

(ay) "PRISONERS WITH SPECIAL NEEDS" means prisoners who have the propensity to inflict self-harm, have suicidal tendencies and/or are suffering from addiction and/or substance abuse, differently abled persons or transgender.

(az) "PROBATION OFFICER" means an officer appointed as such by the State Government to undertake probation work under the Probation of Offenders Act of 1958, or any other Law in force.

(aaa) "PROHIBITED ARTICLE" means an article which is prohibited and declared as such under the Prisons Act of 1894 or Rules made there under or any such other articles which the Inspector General of Prisons or the Jail Superintendent think appropriate to be prohibited.

(aab) "RECEPTION CENTRE"shall mean and include Reception Units/Kishore Sadans/Yuva Sadans meant to keep Young Offenders for their initial classification and subsequent placement, during the pendency of their trials when it is not possible to release them on bail or probation.

(aac) "REMAND PRISONER" means a person who has been remanded by court to prison custody, pending investigation by the police.

(aad) "REMISSION SYSTEM" means the system for regulating the award of marks to, and the consequent shor tening of sentence, of prisoners in prison.

(aae) "RULES" means various Rules framed under the Prisons Act, 1894, Identification of prisoners Act, 1920, prisoners Act, 1900, Transfer of Prisoners Act, 1950 and the prisoners (Attendance in Court) Act, 1955 and such other rules as made applicable from time to time.

(aaf) "SECTION" means a Section of the

Act.

(aag) "SECURITY PRISONER" means any prisoner against whom there is a threat from any person.

(aah) "SEMI-OPEN PRISON" means any place within the prison complex so declared by the Government for temporary or permanent use for the detention of prisoners in which the prisoners are trusted to serve their sentences with minimal supervision and perimeter security and are not locked up in prison cells and do the work within the area demarcated by the Inspector General inside the prison complex as assigned to them from time to time while serving their sentence.

(aai) "SENIOR MEDICAL OFFICER" means a medical officer senior to other medical officer posted in a prison and maybe known as Chief Medical Officer in- charge.

(aaj) "SENTENCE" means a sentence of imprisonment as finally passed on appeal or revision or otherwise, and includes an aggregate of more sentences than one and an order of committal to prison in default of furnishing security to keep the peace or be of good behavior and a sentence awarded by any Military Court.

(aak) "SEWADAR" means the convict or undertrial deployed for assisting prison administration.

(aal) "STATE" means the State of Goa.

(aam) "SUBORDINATE OFFICER" means every non-gazette officer serving in the prison.

(aan) "SUPERINTENDENT" means an officer who is appointed by the competent authority to be in charge of a prison under the Prisons Act, 1894 or under any other Act, with such designation as it may specify.

(aao) "UNDERTRIAL PRISONERS" means a person who has been committed to judicial custody pending investigation or trial by a competent authority.

(aap) "WAGES" means the amount of money earned by prisoner in a day in lieu of the task or service assigned to him or her in the jail by the Superintendent.

(aaq) "WICKET GATE" means the small window of the main gate from where all staff and inmates are taken in or let outside the jail.

(aar) "YARD" means a piece of enclosed ground attached to a ward in a prison, where prisoners may take several activities viz. recreational activities, exercises etc. at certain times.

(aas) "YOUNG OFFENDER" means any prisoner who has attained the age of 18 years and has not attained the age of 21 years.

(2) The words and expressions used in these Rules but not defined shall have the same meaning as respectively assigned to them in the Act.

CHAPTER II

Institutional Framework

Prison buildings and sanitary arrangements

3. Prison buildings to be in charge of Public Works Department.— Prison buildings including barracks & cells, quarters for the staff, sanitation, toilets, potable water, bathing places, kitchen, hospital, work sheds, recreational facilities, electrical works shall be in charge of the Public Works Department. For this purpose, the Public Works Department shall have a separate "Works Division" with adequate staff within the prison premises, in order to monitor each and every affair related to prison building.

4. Administrative approval for construction.— The Superintendent of Prison shall submit proposals for construction of wards, cells, higher security enclosures/ prison and other places of detention (including additions or alterations thereto) to the Inspector General of Prisons for administrative approval. Such proposals shall be accompanied by preliminary/inspection reports from the Works Division that functions from prison premises, specifying the position of the work/building proposed to be constructed/renovated, description of the building, approximate estimate for such work, plans and other necessar y details and particulars. Inspector General of Prisons shall then forward such proposals to the Government for obtaining administrative approval and financial sanction as estimated by the Public Works Department.

5. The following criteria must be adopted for the establishment of prisons.— (1) The State Government Administration should establish sufficient number of prisons, as far as possible, and provide minimum needs essential to maintain standards of living in consonance with human dignity.

(2) Prisons' administration will ensure that

the prisoners' human rights are respected.

(3) Prisons' administration will ensure separation of the following categories of prisoners (a) Women (b) Young offenders (c) Under trials (d) Detenues (e) High-risk offenders (f) Transgender (g) Convicts (h) Civil prisoners (i) prisoners with special needs.

(4) Prisons' administration will endeavor to prepare prisoners to lead a law abiding, self- suppor ting, reformed and socially rehabilitated life.

(5) Diversified institutions shall be set up

according to its requirements.

(6) In order to make prisons efficiently manageable units, norms regarding maximum population for different types of prisons will be laid down by the Government from time to time.

(7) Service conditions of prison personnel will be such as to secure and retain the best suited and qualified persons.

(8) Efforts will be made to enlist community participation in effective administration of prison programmes.

Institutional pattern

6. State 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:

(1) prisons/annexes/yards for undertrial

prisoners;

(2) maximum security prisons/annexes/ yards for high-risk prisoners and hardened or habitual offenders;

(3) open prisons, semi-open prisons and

open colonies/camps;

(4) prisons/annexes/enclosures for

women prisoners;

(5) prisons/annexes/yards for young

offenders;

(6) prisons/annexes/yards for those

suffering from infectious diseases;

(7) prisons/annexes/yards for drug and

substance abuse offenders.

7. The State Government shall establish a mechanism for the classification of prisoners to be housed in various types of institutions as enumerated above and shall lay down the procedure to be followed. The Government should also specify the authorized prisoners as well as the number of prisoners to be housed as suggested as prescribed. This may also include facilities for education, vocational training and skill development programmes and cultural activities, sports activities, library and recreation, both indoor and outdoor. It may also give specifications for the staff to be appointed in each type of institution. Apart from the several classifications of prisons for different categories of prisoners, there may be three kinds of prisons namely Central prison, District prisons, Temporary or special prisons to deal with emergent situations. The Government may from time to time, in its discretion, declare any prison to be a Central prison, District prisons, Special/ Temporary prison for the purposes of these rules or establish a Special/ Temporary prison at any place:

Provided that no prison shall be deemed to be a Special prison within the meaning of these rules, unless it has been declared to be so or established as provided.

8. Prison Architecture.— No drastic structural changes need to be compulsorily carried out in existing structure of prisons to bring them in conformity with these rules if in the opinion of Inspector General of Prisons, it is not practically feasible. Future prison architecture has to be based on the following:

(1) The location of a new institution should be decided on the basis of (i) the functions which the institution has to perform, (ii) the training and treatment emphasis, and (iii) programme content of the institution.

(2) New institutions should not be constructed near easily flooded and inundated areas, frontiers and international borders, sub-marginal land areas, sea-faces, airports and congested urban localities.

(3) 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, 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 centres, educational facilities616 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 for children of prison personnel, should as far as possible be within easy reach.

(4) No building or temporary structure or any installation or any electronic towers etc., other than the prison, should 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.

(5) The architecture of institutions shall 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.

(6) The plan of an institution should be based on a careful analysis of inmate population, age group, custodial, requirement, diversified work, educational programmes, etc.

(7) Closed prisons are classified into three categories namely Central prisons, District prisons and sub-prisons. Authorized population for these prisons should not normally exceed 1000, 500 and 200 prisoners, respectively.

(8) There should be enough open space inside the perimeter wall to allow proper ventilation and sunlight. The area enclosed within the four walls of a prison should not be less than 83.61 sq. meters per head of total capacity. Where land is scarce the minimum area should be 62.70 sq. meters per prisoner.

(9) No building inside a prison complex should be nearer than 50 meters to the perimeter wall.

(10) The requirements of segregation of inmate groups within an institution in accordance with the prescribed principles of classification should be provided for in every building plan. The requirements of administration and supervision should also be taken into account while planning buildings.

(11) Each region/division should have an institution for women prisoners according to local requirements. Each central, district and sub-prison should have an enclosure for women prisoners.

(12) The existing enclosures for women in common prisons should 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 shall 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 prisoners should have all the requisite facilities with reference to their special needs such as segregation, protection, pregnancy, child-bir th and family care, health care, training and rehabilitation, etc.

(13) Undertrials and detenues shall be lodged in separate enclosures away from convicted prisoners.

(14) All accommodation provided for use of prisoners, particularly for sleeping, should meet basic requirements of healthy living. Accommodation shall be built in a manner so as to ensure adequate cubic contents of air, floor space, lighting, ventilation and climatic protection. All constructions in Prison Department shall adhere to ISI standards.

(15) A special cell with adequate technical staff shall be set up at the prison Headquarter to plan, monitor and supervise all constructions and repair works in the department.

(16) Closed Circuit Television (CCTV) cameras or similar devices shall be installed in work sheds, kitchens, hospitals, main gate, inter view rooms, high security enclosures and in any other place so determined by Inspector General (prisons) and in the premises of the barracks for monitoring purposes. In other words, every617 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 place of prison premises be covered through CCTV except where privacy is required. All the CCTV footage shall be digitally stored for a period of at least one month however if the prisoner has reported any matter or any case is pending regarding any incident which may be got recorded in the CCTV then the CCTV footage should be kept till the disposal of the case or matter or as required by orders of Cour t of law. All inmates must be informed at the time they are admitted in prison that all common areas are/may be under CCTV Surveillance for security reasons. The access to video footage shall be secured and shall be accessed only with the permission of the officer not below the rank of the Superintendent of Prison. The responsibility of maintenance of CCTV cameras and footage shall also be of the Superintendent of the prison. The same shall not be accessible to any person not authorized in this regard. Signage Board of CCTV shall be displayed at the locations where the CCTVs have been installed.

9. Norms for prison buildings and National Flag.— (1) The authorized standard size of the National Flag for the Central Jail is 12' x 8' and it is 6' x 4' for other prisons and the same shall be flown daily, including Sundays and Jail Holidays on the Central Prison building and all other Jail buildings from sunrise to sunset.

Note: Details regarding correct display, salute, display with flags of other nations and of United Nations given in Flag Code of India published in Government Gazette, Series I, No. 29 dated 20th October, 1966 shall strictly be observed.

(2) No drastic structural change need to be compulsorily carried out in existing structure of prisons to bring them in conformity with these rules if in the opinion of Inspector General of Prisons, it is not practically feasible. The following norms are to be followed in construction of prison buildings:

Main gate and outer walls of prisons

10. The minimum dimension of the main gate and second gate of all the closed prisons should be 3 meters in width and 4 meters 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 should be made up of a strong steel frame having vertical round or square steel bars of 25 mm. diameter or thickness. Each gate should have a wicket-gate of at least of 0.6 meter in width and 1.5 meters in height. The main gate and the wicket- gates should have strong locking arrangements from inside. Both gates should have arrangements for easy opening and closing of shutters. The gates should be covered with iron sheet from outside up to the height of 2.5 meters. The wicket-gates should have peepholes covered with lid at eye level. The main gate may be painted with colors identical to that of depar tmental flag if prescribed by the Government.

11. Space between two gates shall not be less than 16 meters in length and 6 meters in width to facilitate gate operations land movement of fire tenders/transport vehicles. It should have the following facilities:

(1) A cabin

(2) Gatekeeper enclosures

(3) Search room

(4) Space for search and security

Equipments.

12. Entry to the prison shall only be through

a single point.

13. Construction of outer walls of the prison.— (1) The top surface of the outer walls of the prison shall have round molding. Thus, projections of any sort or broken glass shouldn't even afford a hold, for a blanket or cloth. At every junction of a partition wall with the outer wall and at every angle in the outer wall, a sufficient addition shall be made in the height to prevent the possibility of any prisoner scaling over the wall at these places. For the purposes of enhanced security, concertina permissible electrified wire should run on top of the wall.

(2) The Superintendent shall ensure that no device such as, branches of trees, logs of timber, articles of furniture under process and any other article, which is likely to be used by the prisoner for escape, is allowed to remain scattered or unattended in any open compound.

(3) The Superintendent shall ensure that there is no structural defect in the enclosure wall, gratings or in any other part of the building which can be a source of support of any prisoner who intends to escape.

14. Administrative blocks and other units.— (1) There shall be a properly designed administrative block within the prison complex for efficient functioning of the administration.

(2) A court room should be set up within

the prison complex.

(3) The Reception Unit should have necessary facilities for proper implementation of admission-quarantine and orientation- classification programmes. Physical facilities shall be set up 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 shall have dormitory and single room type accommodations. Provision should also be made for following facilities:

(a) a building where the inmates will be

initially received,

(b) office room,

(c) interview room,

(d) store room,

(e) Medical Officer's examination room

and

(f) exercise and recreational areas, etc.

(4) The buildings and areas where the admission programme has to be carried out shall be located in close proximity of the hospital.

15. Housing.— (1) All accommodation provided for the use of prisoners, particularly for sleeping, should meet basic requirements of healthy living. Due regard be paid to climatic conditions, cubic contents of air, minimum floor space, lighting and ventilation.

(2) There shall be three types of living

accommodations as mentioned below,—

(a) Barracks with accommodation for not more than 20 prisoners. However, in case of big barracks which can accommodate more than 20 prisoners then it may be allowed to accommodate more than 20 prisoners subject to the condition that the sleeping space for each prisoners should normally be 6 ½ ft. X 2 ½ ft. The Inspector General of Prisons shall explore the possibility of decongesting the prisons by introducing the innovative and ingenious methods viz. bunk beds, multistory buildings etc.

(b) Single room accommodation for prisoners needing privacy for pursuing studies etc. on the basis of continuing good conduct by the order of Inspector General of Prisons.

(c) Cells for segregation of prisoners for the purpose of security and contagious diseases.

(3) The minimum accommodation capacity of barracks, cells, and hospitals per prisoner

shall ordinarily be according to the following scale:

(4) A plate indicating the authorized accommodations shall be attached to the housing unit. Ordinarily, the number of prisoners confined in a housing unit shall not exceed its authorized accommodation.

(5) An individual secure storage compar tment, sufficient in size to hold personal belongings of the prisoners, shall be provided to each prisoner.

16. Barracks and Cells.— (1) If a barrack is flat-roofed, there should 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 should be a ridge ventilator. The minimum height of roofs or ceilings shall not be less than 11 feet from the floor.

(2) The floor of the barrack/cell shall be made of impermeable material such as cement concrete. During cold seasons, appropriate flooring should be provided to ensure habitable conditions in the barracks, if necessary.

(3) All barracks shall, if possible, be provided with verandas not less than 2 meters in width.

(4) Each cell shall have a yard attached to it where a prisoner can have the benefit of sufficient air and light. Adequate air circulation and proper ventilation shall be maintained in the barrack/cell. Though ventilation of the sleeping barracks is of the greatest importance, prisoners shall 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 should be half a window. As standard grated window is 7 feet x 3½ feet, half a window shall mean 1 sq. meter. The ventilation shall, however, be controlled according to the season wherever necessary; otherwise the barracks would be too cold and damp during winter and rainy season.

(5) Where accommodation is overcrowded and does not meet the prescribed standards, secure corridors/verandas and work sheds may be used for accommodating short term prisoners and undertrials involved in minor and petty offences during night. If at any prison over-crowding is likely to continue, the excess number of prisoners shall be transferred to other institutions or camps as the case may be, with prior approval of the Inspector General of Prisons.

(6) The structural arrangements of fittings and fixtures and locking devices of barracks should be secure enough to prevent escapes. The existing wooden frames of the doors, windows and ventilators shall be replaced by iron/steel frames. The iron bars used in doors, windows and ventilators shall be of 25 mm. diameter and the clear distance between two bars shall be 7.5 cm.

(7) A barrack shall have only one door of 2.2 x 1 meter and shall have a single shutter. The door of a barrack shall have clear opening of 1 meter. The iron frame shall be made of angle-iron of minimum of 10 mm. thickness.

(8) The barrack windows and doors must be provided with fly/mosquito proof wire mesh. The doors shall also be provided with polyethylene sheets or chick blinds, as may be necessary.

(9) All barracks or wards should have two rows of berth only. The measurement of each berth shall normally be 2 x .75 meters with a height of 0.45 meters.

(10) Sufficient ar tificial light shall be provided to enable the prisoners to work and read without difficulty in their barracks after dusk.

(11) Each ward shall be provided with a first-aid kit which shall be in the custody of Guard in Guard room. The first-aid kits supplied to each Ward should not have any sharp-edged items, long gauze rolls/ tapes or other such items. Each ward must have one stretcher and wheel chair.

(12) A looking mirror made of PVC may be fixed outside each barrack for use of prisoners.

(13) Adequate fire safety systems shall be

installed in the barracks/cells.

(14) The barracks shall be free from

tobacco, smoke and excessive noise.

(15) Each cell/barrack shall be provided

with a flush toilet.

17. Toilets.— (1) Each barrack used for sleeping shall have sufficient number of attached Western Commodes (WCs), urinals and wash places. The ratio of such WCs shall be one unit per 10 prisoners. The ratio of the WCs which can be used during day time shall be one unit per six prisoners.

(2) Toilets shall be of the sanitary type with arrangements for flushing; the standard size shall be 5'x 5' (length and breadth). Toilets should be placed on an impermeable base which should be higher than the surrounding ground and should be so built that the sun's rays can easily enter the toilets and rain is kept out. The partitions separating the toilets shall be high enough to provide a reasonable degree of privacy. Toilets shall be so designed that all excreta and wash materials should get into the receptacles without fouling the sites. Every seat shall be provided with foot rests with an impermeable surface which should be in the right position and not too far apart. The prisoners should be provided the requisite equipment and materials for maintaining the hygiene and cleanliness as provided in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The prisoners who are involved in the work of sanitation and sweeping shall be provided wages as paid to the semi-skilled/skilled prisoners.

(3) In each barrack, where two toilets are provided, one should be of western type. In the hospital, 50 % of toilets should be western type. All the prisoners' toilets to be refitted, as much as possible, with commode that facilitates both Indian and Western toilets.

18. Bathing places.— (1) Ever y prison shall provide covered cubicles for bathing, at the rate of one for every 10 prisoners, with proper arrangements to ensure privacy. The standard size of each bathroom shall be 5'x5' (length and breadth). Every prisoner shall be required to have bath as frequently as necessary for general hygiene according to climatic conditions.

(2) Taking into consideration that the daily requirement of water of an individual is about 135 liters, there shall be an arrangement for the adequate running supply of water in every prison. If feasible, new prisons shall have arrangements for rainwater harvesting and recycling of water, keeping in view its cost effectiveness.

(3) Each prison shall have an independent

standby arrangement for water supply.

(4) All prison buildings should have rain water har vesting system and sewerage treatment plant.

19. Kitchen.— (1) The general kitchen shall 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 should not be built close to the sleeping barracks. It should be well ventilated and lighted. It must always be kept clean and tidy. The oven should 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 shall be protected by a fly proof wire mesh all around. Sufficient number of exhaust fans shall be installed and artificial ventilation may be provided if necessary. The kitchen must be provided with fly-proof automatic closing doors. It shall have floors made of an impermeable material. Each kitchen shed shall be provided with adequate supply of pure water which shall be used for both cooking and washing. The water shall be collected from taps inside the kitchen. It is desirable that no single kitchen caters to more than 500 prisoners. Cooking and serving utensils shall be made of stainless steel.

(2) The minimum space requirement in the kitchen shall be 150 sq. meters per 100 prisoners. It shall facilitate sufficient space for storage of provision articles, vegetables,621 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 dressing and cutting food, containers and cooking utensils, etc.

(3) There should be a provision for covered dinning space in prisons so that prisoners may take their meals under a roof and on a platform.

(4) There shall be two shifts of workers in the kitchen. Management of kitchen or cooking of food on caste or religious basis shall be prohibited in prisons.

(5) The kitchen complex shall have a barrack to house the inmates employed for cooking, etc.

(6) The walls of the kitchen shall be covered with tiles up to a height of 2 meters for easy cleaning.

(7) The prisoners working in the kitchen shall 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.

(8) Prison kitchen should be modernized by introducing Liquefied Petroleum Gas/Piped Natural Gas. Hot plates and steam, cooking, kneading machines, chapatti making machines, hot food serving machines, mixers and grinders etc. shall also be introduced.

(9) Adequate fire safety systems shall be

installed in the kitchen.

20. Hospital.— (1) In every prison there shall be separate hospitals with the necessary number of beds for indoor treatment with separate ward for men and women. All central and district prisons shall provide hospital accommodation for 5% of the authorized inmate population. The location of the hospital shall be as far away from the barracks as possible. Every hospital ward shall be so constructed as to allow sufficient light and air. The floors and walls shall be made of impermeable material. The hospitals shall be provided with polyethylene sheets, fly proof wire mesh and fly proof automatic closing doors. Attached toilets should be provided in the wards so that the sick prisoners do not have to walk far to use them. There shall be arrangements for continuous supply of potable water in the hospitals.

(2) The prison hospital shall be situated near the main gate of the prison, the accommodation provided shall include:

(a) Ward for patients,

(b) Toilet and bathing facilities at the rate

of one for every five patients,

(c) Store room for hospital furniture and

equipments,

(d) Dressing-cum-injection room,

(e) Room for minor surgery,

(f) Room for X-RAY laboratory,

(g) Room for the Medical Officer,

(h) Isolation rooms for accommodating patients with infectious and contagious disease (such as T.B, Leprosy and H.I.V.+AIDS),

(i) Isolation rooms for accommodating

mentally ill patients,

(j) Room for Physiotherapy,

(k) Sample collection center,

(l) Dental room.

(3) Adequate fire safety systems shall be

installed in prison hospitals.

21. Worksheds.— (1) Areas where prisoners work shall have a minimum space of 500 cubic feet per prisoner in structures that shall be constructed as workshops or factor y buildings; for efficient ventilation the window area shall 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. As far as possible, work sheds should be located in a single enclosure for gate control and security.

(2) Adequate precautionary measures shall be taken to guard against health and safety hazards at the worksheds, including provision of first aid kit in the worksheds which622 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 shall remain in the custody of an authorized prisoner.

(3) Adequate fire safety systems should be

installed in the worksheds.

22. Recreational Facilities.— Proper recreational facilities like, grounds for outdoor games, auditorium for cultural activities and librar y should be provided to the extent possible. Moreover, indoor games, yoga, music classes, computer training, spor ts competition, annual sports, prison Olympics including activities like athletics, football, badminton and cricket should be arranged to the extent possible. Indigenous sports to be encouraged.

CHAPTER III

Headquarters Organization

23. Prisons and Correctional Services shall be under the control of the Home Department, being the department responsible for the services in this field. There shall be a separate division within the Home Department for dealing with all matters connected with prisons and correctional services.

24. State Government shall appoint the Inspector General of Prisons and Correctional Services under Section 5 of the Act who will exercise general control and superintendence over all prisons situated in the State. The Inspector General of Prisons shall 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 organisation, at the prisons and at other institutions under his control. The Inspector General of Prisons shall have such administrative authority as is laid down in these rules and as may be determined by the Government from time to time.

25. There shall be two main wings at the Headquarters level.— (1) Executive Wing; and (2) Correctional Wing.

26. The Executive Wing shall 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.

27. The Correctional Wing shall be headed by the Additional Inspector General of Prisons & Correctional Services, assisted by Deputy Director/Assistant Directors, Chief Psychologist and Chief Welfare Officer. The Additional Inspector General (prisons & Correctional Services) and other officers in the Correction Wing may be appointed from amongst academicians either on deputation/ transfer/transfer on deputation from academic institutions of repute.

28. Wherever in any of the provisions in these rules including this Chapter & Chapter IV require creation of new Posts or Cadre Restructuring and would require Concurrence of/Consultation with Administrative Reforms Department/Services Department/Finance Department/ Planning Department for the said purpose then the said provision shall be implemented only after such concurrence of/ consultation with the concerned department.

29. Components of the Headquarter Staff.— The organisational set-up of the Headquarters of the Department of prisons and Correctional Services shall be as follows,—

(1) Inspector General of Prisons &

Correctional Services.

(2) Additional Inspector General of Prisons

& Correctional Services.

(3) Deputy Inspectors General of Prisons (Headquar ters, Ranges, Vigilance, Correctional Services).

(4) Deputy Inspector General of Prisons for

Women (a woman officer).

(5) Superintendent (HQ/Administration/ Education/Vocational Studies/Correctional Services).

(6) Assistant Director (Industries) (on

deputation).

(7) Welfare Officer (HQ).

(8) Superintending Engineer (prisons

Building) (on deputation).

(9) Chief Probation Superintendent.

(10) Chief Psychologist.

(11) Law Officer (on deputation).

(12) Statistical officer for ongoing collection, interpretation and presentation of factual information and data with computer back-up (on deputation).

(13) Accounts Officer (Budget and Audit

cell) (on deputation).

(14) Intelligence-cum-Vigilance Officer

(deputation from police).

(15) Deputy Superintendent (HQ).

(16) Assistant Superintendent (HQ).

(17) System Analyst/Programmer/Assistant

Programmer.

(18) Head Clerks.

(19) Upper Division Clerks.

(20) Stenographers.

(21) Data Entr y Operator/Computer

operators/Lower Divisional Clerk.

(22) Attendants/Multi Tasking Staff (MTS).

(23) Other supporting staff.

30. State Government may fix the organizational set-up of Headquarters office in accordance with its area, number of inmates and number of institutions.

Authority and Powers of the Inspector

General of Prisons & Correctional Services

31. The general functions of the Inspector General of Prisons and Correctional Services shall be,—

(1) To implement prison policies as laid

down by the State Government;

(2) To plan, organize, direct, coordinate and control the various prison and correctional services;

(3) To define the functions and fix lines of authority and channels of command of the prison personnel;

(4) To inspect institutions with special reference to care, welfare, training and treatment of inmates, staff training, discipline and welfare, etc.

(5) To ensure that all accounts and registers are maintained in accordance with the rules as in force;

(6) In case of new posts created by the Government which are not covered in the rules, the Inspector General shall get the duties and functions for such posts fixed, until the same are filled up;

(7) To co-ordinate with various Government agencies/para military forces in the interest of smooth functioning of the jails;

(8) To supervise the functioning of the sub- ordinate officers so that they discharge their duties in accordance with the rules;

(9) To ensure that directions of Hon'ble Supreme Court, High Court, National Human Rights Commission etc. concerning the prisons are being implemented by the concerned officer in its letter and spirit;

(10) To ensure that there is adequate

housing facilities for the staff;

(11) To ensure that directions are issued from time to time for bringing uniformity in the functioning of various jails.

(12) To ensure that the provisions of the Goa prisons Rules and other legislations are implemented in its true spirit.

32. As the Head of the Department, the Inspector General shall have all necessary financial, administrative and disciplinary powers.

33. The Inspector General shall prepare the budget for the various services under his control. Subject to the rules and orders of the Government and the requirements under the appropriate statutes of the Accountant- General, the expenditure of the Department of Prisons and Correctional Services shall be controlled by the Inspector General. Subject to provisions of the rules, an adequate grant shall be placed at the disposal of Inspector General to meet expenditure of special nature. The Inspector General shall manage the personnel in the department and exercise disciplinary powers, including powers of redeployment of staff.

34. The Inspector General may allow interviews with the prisoners or may organize public functions for the welfare of prisoners on anyway including public holidays.

Inspection of prisons by the Inspector

General of Prisons

35. Inspection of prisons by the Inspector General.— (1) The Inspector General shall inspect Central prison once a year, and every other prison at least once every three years. In addition to these regular inspections, he may also inspect any prison if he considers that there is any special reason for doing so. He may also visit any prison without notice for inspection.

(2) The Inspector General shall also occasionally inspect jails to enable him to be in touch with the general trend of admi- nistration therein.

(3) During regular inspection, the Inspector

General shall, inter-alia,—

(a) inspect all yards, wards, cells, work- sheds, store-rooms, kitchens and latrines, note their state of repair, their sanitary condition, the general security of the prison and consider whether the structural arrangements are in compliance with the requirements of the Act with respect to the separation of the different classes of prisoners;

(b) examine the garden, ascertain the condition of water-supply and conservancy arrangements, see that sick prisoners are carefully attended to and ascertain that the food is of proper quality and quantity;

(c) personally visit every prisoner, make a note of any circumstances of consequence connected with his physical condition, adaptation of labour to his physique and class, condition and sufficiency of clothing; ascertain whether the provisions of the rules for granting remission, furlough or parole are carried into effect, afford to a prisoner who so desires a reasonable opportunity of making any application or complaint and investigate and pass orders on matters relating to prison discipline;

(d) inspect the guarding establishment and satisfy himself as to its proficiency in drill and musketry, inspect its arms and ammunition and test the ability of every prison executive officer of the upper subordinate establishment to drill the guards, closely scrutinize the arrangements for carrying out day and night watch and ward, and for the prevention and suppression of riots, and satisfy himself that the stationing of Jail Guards is according to rules made in that behalf and are effective;

(e) compare with the rates obtained in the local markets, the rate paid for contingent purposes and satisfy himself that economy is practised in their use as well as in the use of all articles supplied by contract;

(f) satisfy himself that all accounts and registers are maintained according to the rules for the time being in force, that proper arrangements are made for the safe custody of all records, and that the requirements of the Act and these rules are complied with;

(g) see that accommodation is ample and

that no over-crowding exists;

(h) satisfy himself as to the general health

of the prisoners;

(i) examine the cases of adolescent prisoners to see if any of them may be transferred to a borstal school, or reformatory institution.

(4) The Inspector General shall make a memorandum of his inspection, discuss the points raised therein as far as possible with the Superintendent, and shall hand it over to the Superintendent for compliance, and shall, on his next inspection visit, verify whether and how far the instructions given in the memorandum are complied with.

(5) The Inspector General shall forward to the Government the copy of the inspection note made by him during the inspection as provided under the rules dealing with matters, which in the opinion of the Inspector General, be brought to the notice of the Government, without delay.

36. The Inspector General shall, soon after the close of each calendar year submit a report on the administration of prisons together625 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 with such statistical and other statements, returns and information, and in such form as the Government may, from time to time, require.

Powers and Duties of Additional Inspector

General of Prisons

37. The Additional Inspector General shall be the principal staff officer of the Office of the Inspector General and shall officiate and perform all duties of Inspector General in his absence on leave or on duty outside Goa, or otherwise as the case may be.

38. Subject to Provisions of the Act, the Additional Inspector General shall have the following duties namely.— (1) To inspect financial working of the prison, audit report and money transaction of all kinds;

(2) To carefully examine and review all the cases of furlough and parole granted to the prisoners;

(3) To inspect each prison once in a year including the prison hospital and submit a report to the Inspector General of Prisons;

(4) To supervise legal matters pertaining to Supreme Court, High Court, Sessions courts and other legal matters;

(5) To deal with all National Human Rights Commission matters, Parliament and Legislative Assembly questions, compilation of statistics and timely submission of various periodical reports to Government;

(6) To prepare draft for framing-up-policies,

proposals;

(7) To deal with matters relating to press

and media;

(8) To deal with vigilance and disciplinary cases of prison employees except Multi- Tasking Staff (MTS);

(9) To maintain armoury and allotment of

arms;

(10) To computerize prisons;

(11) To take steps for modernization of

prisons;

(12) To deal with appointment of medical

and para-medical staff;

(13) To super vise PWD works, land acquisition and construction of new prisons.

39. The Additional Inspector General shall assist the Inspector General and exercise all such powers and perform all such duties as may be delegated to him by the Inspector General from time to time with prior approval of the Government, wherever necessary.

Powers and duties of Deputy Inspector

General (HQ)

40. The Deputy Inspector General shall be the staff officer of the Inspector General and shall perform such duties as delegated to him by the Inspector General from time to time.

41. The other duties of Deputy Inspector General shall be as under namely.— (1) to super vise the functioning of the Superintendents and other officers subordinate to him;

(2) to monitor the progress of the action on the inspections conducted by the Inspector General of Prisons;

(3) to ensure compliance of all the tasks

assigned to the subordinate officers;

(4) to inspect the prisons atleast once in a year or as frequent as directed by Inspector General of Prisons;

(5) to ensure proper training of the prison

personnel;

(6) to note action taken on the inspection reports of the Inspector General and to inquire into the reasons of non-compliance, if any, and shall include his findings, in his inspection report. In the event of non-compliance without sufficient reasons, he shall prepare charge sheet against the officer concerned and shall proceed or cause disciplinary proceedings against the concerned officer;

(7) to submit half-yearly report (April to September and October to March) to the Inspector General indicating the activities carried out of the prisons Welfare Fund, initial balance in the said fund, the details of disbursement from the fund and final balance in the fund;

(8) to supervise deployment of staff at prisons Headquarters and in various prisons;

(9) procurement of dietary and non-dietary items, furniture, office equipment and other store items;

(10) maintenance of vehicles of prisons;

(11) to ensure proper hygiene and

sanitation in the prisons;

(12) supervision of prison Hospital, Medical Inspection Room and other medical facilities including liaison with outside hospital;

(13) collection of intelligence in all the prisons regarding discipline of the staff and welfare of prisoners;

(14) security and maintenance of prisons

Headquarter and welfare of prisoners;

(15) vigilance and disciplinary cases of

Multi-Tasking Staff (MTS);

(16) deployment and supervision of Non-

Government Organizations:

(17) enquiries relating to the petitions sent

by prisoners;

(18) to act as the Chairman of the Purchase

Committee of prisons;

(19) to supervise general administration, care taking and maintenance of prisons Headquarter, allotment of staff quarters to the employees; and

(20) all establishment matters of the prison

staff.

Correctional Wing

42. The Additional Inspector General (Correctional Service) shall be responsible for probation ser vices, welfare ser vices, educational services, vocational training/skill development, premature release, recommen- dation of parole, leave, rehabilitation services, etc. in all prisons in the State. All officers in the Correctional Wing shall assist the Head of the Prison Administration in all matters connected with Prison Administration and Correctional Services. Their powers and duties shall be fixed by the State Government from time to time.

43. The Additional Inspector General (Correctional Services) shall not be from the uniformed prison cadre. He shall be assisted by the Assistant Director and Administrative Officer at the Headquarters and the Range/ Regional levels. Their powers and duties shall be fixed by the State Governments from time to time.

44. All correctional institutions and programmes for adult and young offenders in the State shall be placed under the charge of the Additional Inspector General (CS). The Additional Inspector (CS) shall be vested with sufficient powers of direction, control, inspection, supervision and guidance through substantial delegation of financial and administrative and disciplinary powers.

Range/Regional Headquarters Organisation

45. State of Goa may be divided into convenient ranges/regions. The Range/ Regional Deputy Inspector General of Prisons shall be vested with sufficient powers of direction, control, inspection, supervision, and guidance through substantial delegation of financial and administrative and disciplinary powers, including the following powers,—

(1) to conduct inspections and make visits

of all institutions under his control.

(2) to transfer convicted prisoners from one

prison to another, within his jurisdiction.

(3) power to accord permission to religious and moral tutors with prior permission from the Inspector General of Prisons.

(4) power to permit research scholars and Law and Post Graduate students to visit prisons for academic and research purposes at the recommendation of the Head of the Department of the Academic Institute.

(5) the Deputy Inspector General may exercise all financial powers conferred on him by the relevant provisions of Financial Code.

46. The Range/Regional Deputy Inspector General of Prisons shall be assisted by the staff and officers in requisite number viz. Warder, Head Warder, Assistant Superintendent, Deputy Superintendent, Superintendent, etc.

Employment agencies for convicts

47. Prison Department should establish training and placement cell for convicts of the627 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 prison under the Deputy Inspector General (Correctional Ser vices). Such cells shall provide career counseling to the prisoners six months prior to their release by identifying their skill set/talent.

Training of staff

48. Training Institutes should impar t training to the prison Officers to acquire necessary knowledge and techniques. The senior and middle level officers shall be impar ted basic/ in-service and refresher training in the regional institutes established at four regions of the country.

49. The Government if deems fit, may establish a State Academy of Correctional Administration. The Government, if it is expedient to do so, shall take adequate steps to establish such training institute.

CHAPTER IV

Institutional Personnel

50. Each institution should have personnel in accordance with the requirements of security, discipline and programme emphasis. The personnel strength should 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 shall be fixed in accordance with the size of the institution, the inmate population, workload and distribution of functions.

(3) Medical personnel,—

(a) Chief Medical Officer, (b) Medical Officer In-charge, (c) Medical Officers, (d) Psychiatrist, (e) Nursing staff and (f) Pharmacist;

(4) Welfare Units,—

(a) Additional Inspector General of Prisons, (b) Welfare Officer, (c) Law Officer, (d) Counsellor, (e) Probation Officer and (f) Psychologist;

(5) Educational Personnel,—

(a) Educational Officer of the rank of Assistant/Deputy Director (Education) (on deputation), (b) Teachers and (c) Physical Training Instructor;

(6) Technical Personnel,—

(a) Instructors, (b) Foremen, (c) Electricians, (d) Plumbers, (e) Mason, (f) Drivers and (g) Motor Mechanic;

(7) Agricultural Personnel,—

(a) Super visors and (b) Agricultural

Assistants; and

(8) Ministerial Staff,—

(a) Administrative Officer, (b) Office Superintendent, (c) Deputy Controller of Accounts, (d) Accountant, (e) Store Keepers, (f) Cashier, (g) Office Assistants/UDCs, (h) Stenographers and (i) Data Entry Operator/ /Computer Operator/Lower Divisional Clerks.

Duties and Functions of Institutional

Personnel

51. The strength of custodial/guarding staff shall be determined keeping in view 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.

52. Institutional Personnel should comprise

of: (1) Executive,—

(a) Superintendent, (b) Additional Superintendent, (c) Deputy Superintendent and (d) Assistant Superintendent;

(2) Guarding Staff,—

(a) Chief Head Warder/Chief Head Matron, (b) Head Warder/Head Matron and (c) Warder/Matron;

53. The statutory duties and responsibilities of Institutional Personnel shall be as per the provisions of the laws and rules governing prisons. The number of personnel shall be determined on the basis of requirements of security, discipline and programme emphasis. The institutional setup shall be fixed in accordance with the size of the institution, the inmate population, categor y of inmates, workload and distribution of functions.

54. Custody, security, discipline and preventive and control action during an emergency, are the fundamental duties and responsibilities of every staff member.

55. The duties, responsibilities and functions shall be assigned in writing to every staff member on his initial appointment. Care shall be taken to ensure that the rules, regulations, and instructions to be followed by Institutional Personnel are interpreted from time to time.

56. A well-planned and properly regulated time-table of work hours should be prepared for each category of Institutional Personnel, and no staff member should be required to work for more than eight hours a day. It should also be ensured that every incumbent gets 24 hours off-duty once a week:

Provided that if any of the staff (non-gazetted only) is required or called for work on the weekly off more than 15 times in a year but less than 30 times then he/she should be paid the salary equivalent to 15 days and in case the staff (non-gazetted only) is called or required for more than 30 times in a year then he/she should be paid the salary equivalent to 30 days. The Staff may be given option of availing compensatory-off with the approval of the competent authority in lieu of work done by him/her on weekly off.

The general duties, functions and responsibilities of the Institutional Personnel

57. (I) Executive.— To ascertain that the human rights that the prisoners are entitled to, are not impinged upon and restricted beyond the limit inherent in the process of incarceration itself and to ensure that prison programmes are geared towards the overall objective of imprisonment in terms of reform and rehabilitation of prisoners.

Superintendent

58. The Superintendent shall, subject to any order of the State Government/ Inspector General of Prisons and the Additional Inspector General of Prisons, be in charge of the executive management of the prison in all matters relating to 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, organising, directing, guiding, coordinating, super vising and controlling all prison activities.

59. The Superintendent shall be the Head of the prison and shall be assisted by officers subordinate to him, including Additional Superintendents, Deputy Superintendents, Assistant Superintendents, Chief Head Warders, Head Warders, Warders and other technical and suppor tive staff. The Superintendent may supervise a Central prison, District prisons, Sub-prisons, Open Air prisons and other institutions within his territorial jurisdiction/district.

Duties of the Superintendent

60. The Superintendent shall perform the following duties, namely.— (1) to provide for the accommodation, suppor t, care and custody of, and control over all prisoners at any time confined in the prison;

(2) to maintain order and discipline amongst

the prisoners, and the subordinate officers;

(3) to control all expenditure relating to the

prison;

(4) to manage prisoners' welfare fund in

accordance with the rules;

(5) to conduct an inquir y into prison- offences and breaches of discipline, and to punish all those who are found guilty of having committed any such prison offence or breach of discipline:

(6) to generally take all such measures as may be necessary or expedient for the proper management and protection of all the prisoners at any time confined therein and for the purpose of giving effect to and enforcing the provisions of the act, rules, regulations, order and directions made or issued there under;

(7) to ensure that all equipments including electronic gadgets like CCTV, computers and communication systems are operational and being properly utilized;

(8) to provide suitable facilities for the recreation, education, sports, meditation, and other allied activities for the inmates and staff;

(9) to draw up a plan for the classification of prisoners, training, treatment programmes and correctional activities in his prison and implement policies pertaining to correctional administration;

(10) to visit the prison at least once in the forenoon and once in the afternoon of every working day, and on Sundays and holidays also, whenever special circumstances render it necessary that he should do so and if by any reason the Superintendent is prevented from or is unable to visit the prison on any day on which he is by this rule required so to do, he shall record the fact and the cause of his absence in his journal;

(11) to see/interact with prisoners in order to ensure that their grievances are redressed, related to safety and security and safe custody of all prisoners;

(12) to check the food prepared for prisoners in the main kitchen twice a week and in the hospital kitchen at least three times in a week;

(13) to ensure that receptacles for garbage are daily lif ted and there shall be no accumulation of garbage and the disinfectants shall be regularly used for maintaining the hygiene;

(14) to inspect the prisoners' canteen at least once a week and check the working of the same;

(15) to visit the prison during night at least once a week and shall satisfy himself that the prison is properly secured and guarded and that all rules and orders in any way relating to or connected with the disposition of prisoners, warders and officers of the prison and the duties to be performed by warders and officers at night are duly observed and carried out, as also, during night inspection, get the incoming and outgoing warder guard searched and checked in the main gate in his presence;

(16) to frequently visit and inspect every barrack, yard, cell, workshop, and toilet, as well as the armory and every other part of the prison and its precincts and all other premises belonging or attached thereto, or connected therewith, and shall satisfy himself that all buildings, structures, enclosing walls and the like, are secured and are maintained in the best possible state of repairs, and that every part of the said prison precincts and premises is kept clean and in an efficient sanitary condition;

(17) to visit the prison hospital/dispensary frequently and cause to be carried into effect, all written advisory given by the Medical Officer in regard to the proper segregation of prisoners suffering, or believed or suspected to be or likely to suffer, from any communicable disease. He shall, whenever necessary, and without delay, take all reasonable measures for cleansing and disinfecting every place at anytime occupied by such prisoner and for washing, disinfecting, by fumigation or otherwise, or destroying, as may be most expedient, wearing apparel, bedding or other articles which are infected or foul or may be believed or suspected to be infected or foul;

(18) to convey all directions of the court about the health of a prisoner to the Medical Officer in charge;

(19) to take surprise rounds at odd intervals

to different parts of the prison;

(20) to encourage and motivate par ti- cipation of Non-Governmental Organizations on a voluntary basis for the reformation of the prisoners;

(21) to motivate and organize Panchayat system for the inmates whereby their representatives are required to participate in activities per taining to management of medical assistance, education, cooking, cleanliness, discipline and other desirable areas of par ticipation, to encourage the participation of prisoners in these activities without assigning any independent supervisory control over the inmates;

(22) to ensure that the cases of seriously sick prisoners are taken up with the concerned trial court so that they may be released by the Court;

(23) to ensure that Human Rights of the

prisoners are fully protected;

(24) to keep the secret and confidential

documents in custody;

(25) to supervise over office administration;

(26) to inspect and supervise the work,

employment and production programmes;

(27) to deal with the personnel matters, staff welfare and staff discipline, allocation of duties to personnel under his control, safety of the institutional personnel, protection of human dignity, rights and providing decent work conditions, acquainting institutional personnel with current policies of correctional administration and the role they have to play in a welfare state; organizing personnel training programmes at the institutional level;

(28) to submit reports to the Inspector General of Prisons and liaison with other government agencies for the purpose;

(29) to develop a prison atmosphere conducive to the correctional role and providing leadership in every aspect of prison management;

(30) to get Prisoner Welfare Fund, Canteen fund, Staff Welfare Fund, prisoners' Property Account and all other funds audited once in a year;

(31) to inspect every article of store at least once in six months and record his remarks in the stock register as to whether the balance checked on a certain date was correct or incorrect and what discrepancies, if any, were noted and a note of this check should also be made in his journal, and the discrepancies if any, should be reported to the Additional Inspector General of Prisons at once.

Note 1: The checking of articles should be so arranged that the Superintendent checks one-half in one quarter which the Deputy Superintendent should check in the second quarter and vice-versa. In this way every article should be checked once in three months either by Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the Inspector General through the Additional Inspector General soon after the 1st January, and the 1st July, each year. The Superintendent on taking overcharge need not check the stores, but he should examine the books to see what articles have not been checked by his predecessor in the half year and should check these during the remaining period of the half year.

Note 2: In case shortages are found as a result of a check made in any of the stores or as a result of an audit report by the Directorate of Accounts Goa, the Superintendent shall take immediate action to fix responsibility for the shortage and submit his report with recommendations to the Inspector General for orders.

(32) to hold a weekly parade of prisoners in the prison for purposes of muster and inspection, ordinarily be held on ever y Monday, during which, the Medical Officer in charge shall also be present at the time of such parade. At each parade the Superintendent shall satisfy himself that,—

(a) every prisoner is properly classified

as per rules;

(b) every prisoner is provided with proper clothing, bedding and utensils as per rules;

(c) every prisoner is clean both in person

and clothing;

(d) proper hygiene and cleanliness are

maintained in the ward;

(e) there are no loose electrical connections in the ward or other fittings which could be used for illegitimate purposes;

(f) prohibited articles are not possessed

by the prisoners;

(g) all security measures exist to prevent prison break or escape of prisoners or prison indiscipline;

(h) the provisions of the remission rules are understood by the prisoners and that each prisoner knows the extent of remission, if any, there under which he has earned;

(i) generally that the rules and orders applicable to prisoners are being duly carried out; and

(j) legal aid facilities are being properly administered to the prisoners and their petitions/appeals are being drafted and dispatched in efficient manner;

(k) complaint of the prisoner is considered, if any, prisoner may desire to make and shall in due course, enquire into and pass orders there upon.

(33) to cause the prisoners to be checked and counted at least twice on each day, namely at the hour of opening the wards in the morning and of locking up the prisoners in the evening.

(34) to ordinarily transact all business relating to the prison on the premises thereof, and shall not, otherwise than in cases of necessity or emergency require the attendance of the Additional Superintendent or Deputy Superintendent or Assistant Superintendent at any place without and beyond such premises.

(35) to record, or cause to be recorded, in writing, an order showing the distribution of duties amongst subordinate officers and the nature and extent of the duties allotted to each such officer:

Provided that nothing contained in any order under this rule shall be deemed in any way to relieve the Additional Superintendent of his general responsibilities under the Superintendent, for the entire management of the prison, or to relieve the Additional Superintendent or any other subordinate officer of his liability to discharge and duty imposed on him by any law or rules for the time being in force.

Note 1: Distribution of duties amongst officers employed in the prison office should be so allotted as to enable the Superintendent to fix responsibility for errors in the prison records, with precision and without leaving any possibility of dispute. A copy of the distribution of executive and clerical work should be put up and maintained in conspicuous place in the prison office.

Note 2: It shall also be the endeavour of the Superintendent to apply the principle of rotation in the distribution of duties amongst officers employed in the office after such intervals as he may think proper.

(36) to make a report of the matter in his journal in case, the Additional Superintendent or Deputy Superintendent reports any unusual occurrence requiring immediate action, and to forthwith proceed to the prison to investigate the case and take such measures as may under the circumstances be necessary.

(37) to repor t at once by wireless, telephone, or any other mode of expeditious communication to be followed by a detailed report, to the Additional Inspector General of Prisons and the Inspector General Prisons, as they occur, namely,—

(a) all serious breaches of prison

discipline;

(b) every case in which any prisoner escapes or attempts to escape or is recaptured or commits suicide or dies from or receives a serious injury;

(c) all outbreaks of epidemic disease, or disease which may be likely to assume an epidemic form, amongst the prisoners or officers of the prison, and the action taken to prevent the spread thereof;

(d) all serious cases of overcrowding; and all such other matters as the Inspector General of Prisons may, from time to time, in his discretion, by general or special order on his behalf, require to be so reported to him by the Superintendent;

(e) all deaths in prison custody together

with immediate cause; and

(f) all directions/observations made by courts having a bearing on the prison administration, management and prison officials.

(38) to accompany the Inspector General of Prisons, Additional Inspector General of Prisons on all visits.

(39) to exercise at all times, a vigilant supervision and control over all money and632 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 property of whatever kind received by him or by any subordinate officer, or at any time in his charge or in the charge of any subordinate officer, for or on account of the Government, the prison or any prisoner at any time confined therein, and overall expenditure of every kind incurred by him or under his authority or orders or under the authority of any rules in that behalf for the time being in force, on the upkeep and management of the prison and the maintenance of the prisoners for the time being confined therein or in any way relating thereto or connected therewith, and shall cause proper accounts and vouchers of all such receipts and expenditure and property to be regularly kept and audited in accordance with the provisions of these rules and of the rules and orders regulating the management of the public accounts for the time being in force in that behalf.

(40) to carry into effect all advisories in writing, of the Medical Officer, as to the provision of extra bedding or clothing or the alteration of the diet of any prisoner or with respect to any alteration of discipline or treatment in the case of any prisoner whose mind or body may, in the opinion of the Medical Officer in-charge, requires it.

(41) to look into the journal of the Medical Officer in charge at least twice a week and often, if deemed necessary.

(42) to enter in the journal to be maintained for the purpose every order given by him relating to management and discipline of the prison, and shall satisfy himself that every such order is duly carried into effect.

(43) in case, any officer is about to take over charge of the office of Superintendent of any prison, he shall, before doing so, satisfy himself that all records and register are up-to date and in good order, and that the cash balances, permanent advance and accounts are complete and duly kept. He shall make a note in writing of the defects, deficiencies or irregularities, if any, detected either at the time of taking over charge or within one month thereafter, and shall inform the Inspector General through Additional Inspector General of Prisons, thereof.

(44) to endorse his orders against each entr y of the report book/journal of the Additional Superintendent and Deputy Superintendent daily (or more of ten if necessary), and if no orders or comments are necessary, append his initials.

(45) to submit from time to time, regularly and punctually to the Additional Inspector General of Prisons, namely,—

(a) returns of statistical information;

(b) statements of account in respect of receipt, expenditure, proper ty of the prisoners, canteen fund, Staff Welfare Fund and Prisoner Welfare Fund;

(c) reports and other information, as that officer may, at any time, by general or special order in that behalf, prescribe or as may be required by any of the provisions of these rules or of the orders of the Government, if any; and

(d) giving his personal overall assessment

of the working of the prison every month.

(46) to furnish as soon as convenient, may be after the close of the year, but not later than the thirty first day of January, in each year, shall furnish to the Additional Inspector General of Prisons a report on the administration of the prison during the preceding year. Every such report shall be in such form and shall contain such statistical and other statements and returns as the Inspector General may, from time to time, prescribe in that behalf; and every such report shall notice and explain all events of importance which have occurred in the prison during the year under report and all material differences in the financial and other statistics, between the year reported on and the year immediately preceding the same.

(47) to prepare a contingency plan for prison under his control and supervision for the steps to be taken in the contingencies like escape of a prisoner, serious violation of prison633 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 discipline, fire, earthquake, external attack, rescue attempt etc.

(48) to keep one hour for interaction with the subordinate officials, during which time, each individual official shall have free access to the Superintendent for redressal of personal grievances.

(49) to call a meeting of ministerial and executive staff shall be called by the Superintendent once a month in which difficulties of each individual are heard and remedial measures are taken. Suggestions for improvement in office as well as general working of the prison should be encouraged.

(50) A weekly or more frequently meeting of Gazetted staff and Medical Officers shall be convened by the Superintendent and suggestions regarding working of administration shall be discussed and policy formulated for efficient running of administration of the prison.

(51) to hold an inquir y touching every prison offence committed or alleged to have been committed by a prisoner in the prison in a quasi-judicial manner recording the statements of all concerned witnesses, giving full opportunity to the offender for his defence and also to record confessional statements of the offender in the presence of two witnesses including findings and punishments in the manner provided in law af ter applying judicious mind in his own hand in the prisoner's history ticket and to forward the complete enquir y file, findings and the punishment awarded to the concerned District and Sessions Judge for obtaining judicial appraisal; where such intimation, on account of emergency is not given immediately, such information be given within two days of finding, and satisf y himself that ever y punishment so ordered, is duly carried into effect in accordance with law, provided that at any time, if he physically incapacitated from making such record, cause the same to be made in his presence and under his directions.

(52) to remain present whenever a capital

punishment is executed.

Additional Superintendent

61. In the absence of Superintendent of Prisons, the Additional Superintendent shall perform all the functions attached to the post of a Superintendent.

Duties of Additional Superintendent

62. The Additional Superintendent shall discharge his duties under the immediate direction and orders of the Superintendent which are as follows,—

(1) to strictly enforce or cause to be so enforced, all laws, rules, regulations, directions and orders, respectively relating to the management of prisons and prisoners, and applicable to the prison or to any prisoner confined therein, for the time being in force;

(2) admission and release of prisoners after verification and checking of committal warrants;

(3) take measures to preserve and protect all property taken from or belonging to the prisoner which may come into his hands;

(4) ensure that all injuries on the body of the prisoner are reflected in the enclosed Medico Legal Case (MLC) and if there is any discrepancy the same should be immediately brought to the notice of the concerned Medical Officer so that prisoner may be sent for repeat MLC at the concerned hospital;

(5) disbursement of batta, subsistence allowance, bus and railway fares etc. to release prisoners and attesting of entries in the cash book, permanent advance register and Prisoner's Cash Property Register;

(6) minor correspondence relating to

prisoners;

(7) checking of Appeal Registers;

(8) to cause all lawful warrants and orders of commitment to be duly obeyed and carried into effect and to cause the names of undertrial prisoners to be duly entered in the production register under the date on which such634 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 prisoner is required to be produced before the court;

(9) on the admission of a convicted prisoner, to cause his name to be duly entered in the register of release under the date on which such prisoner is, in due course of law, entitled to be released;

(10) attending to release on bail, appeals,

fine payment, etc.;

(11) to give effect to all remissions of sentence lawfully earned or granted and from time to time, to review and cause to enter the correct date of release in the register of release;

(12) attending to correction of sentences;

(13) production of prisoners in courts;

(14) checking the issue of raw materials to

various workshops according to data;

(15) checking of stock book of raw materials

and stock book of manufactured articles;

(16) attending weekly inspection parade of

prisoners alongwith the Superintendent;

(17) checking the Ration Stock Book;

(18) weightment of ration ar ticles on purchase, subject to super vision by the Superintendent;

(19) any other work assigned by the

Superintendent from time to time;

(20) visit to the prison once in the forenoon and once in the afternoon every working day and on Sundays and Holidays when special circumstances render it desirable that he shall do so;

(21) visit to the prison at night once in a week to satisfy him that the guarding is being properly done and that everything is in order, and submit a compliance report to the Superintendent;

(22) attend to unlocking and lockup once in a week, and check all the aspects normally checked by the Deputy Superintendent on the other days. It shall be so arranged in consultation with the Deputy Superintendent under the specific orders of the Superintendent;

(23) check that all rules, instructions etc. are being followed at locking time, that sufficient guards are posted for the security, and that there is adequate lighting;

(24) supervise once in a fortnight the lock up of high security prisoners like condemned prisoner, naxalite, terrorist prisoners etc.;

(25) segregate prisoners having escape or discipline risks and prisoners of known bad character, and report to the Superintendent;

(26) see that the walls, buildings, gates, dormitories, cells, hospitals area and other places of the prison are properly secured and ensure a system of good lighting in and around the prison;

(27) ensure to place the sentry in blocks in

which notorious prisoners are confined;

(28) bring it to the notice of the Superintendent, wherever the guarding arrangements are not satisfactory through his report book;

(29) visit to the prison hospital two days in a week other than those on which the Superintendent makes such visits. Such an arrangement shall be made in consultation with the Superintendent as part of duty allotment;

(30) bring it to the notice of the Superintendent any defalcation on the part of the prison Staff, if it be shown that such defalcation was rendered possible by negligence on the part of the staff;

(31) at least twice in a week he should check the rations issued to the kitchen and satisfy himself that correct quantity is issued;

(32) go around the prison at least twice in a week, at odd hours and check that the sentries are posted correctly and alert. He shall also check that the other checking/ supervisory officers have made proper rounds of check of these sentries;

(33) shall before leaving the prison for any purpose whatsoever, and on every occasion,635 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 on which he proposes to leave the prison, make overcharge of the prison to the next senior officer in the rank present, and shall record the fact in the journal. The officer receiving charge shall, there upon, countersign the entr y made in acknowledgment of having done so;

(34) Keep a report book/Journal in which

he shall,—

(a) record the duties performed by him on every day and submit the same to the Superintendent,

(b) bring it to the notice of the Superintendent his assessment in general on the discipline among the staff and prisoners,

(c) record any inadequacy on the security arrangements and suggest guidelines to set right things, wherever necessary, and

(d) bring it to the notice of the Superintendent any other matter of importance;

(35) supervise general supervision of the Remission Branch in the prison Office and frequent and periodical check over all the registers and other records of the Remission Section;

(36) supervise the work of his subordinate officers' in respect of the 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;

(37) ensure that there is proper and correct entries of particulars about a prisoner in the prison Management System/e-prison;

(38) to ensure that legal aid is provided to every prisoner under his control and all petitions and appeals of prisoners are dispatched expeditiously;

(39) to attend the parade held by the

Superintendent and shall,—

(a) carefully inspect every prisoner,

(b) examine the clothing, bedding and

utensils etc. of every prisoner, and (c) check the muster roll and satisfy himself that every prisoner is present or accounted for and satisfy himself generally that everything is in proper order and enter a report of his inspection in his journal, noting therein the state of the clothing, cleanliness, numerical strength and other matters of impor tance relating to the prisoners;

(40) render an account, on his removal or transfer, of all Government and other property and money entrusted to his care;

(41) be responsible for the receipt, safe custody and disposal of all stores, machinery, tools, plants; raw materials manufactured goods and all other being the property of the Government and maintain, or cause to be maintained, proper accounts and registers thereof, take stock frequently and shall, from time to time, examine and verify the accounts and registers maintained;

(42) check every article of store at least once in six months and record in the remarks column of the stores register, whether the balance checked on a certain date was correct or incorrect, what discrepancies, if any, were noted and a note of this check should also be made in his journal and the discrepancies, if any, should be reported to the Superintendent, if there is a change in office, he should check all articles on assuming charge and this may be taken as a six monthly check;

(43) the checking of articles should be so arranged that the Superintendent checks one- half in the quarter which the Additional Superintendent should check in the second quarter and vice-versa. In this way every ar ticle should be checked once in three months either by the Superintendent or the Additional Superintendent. The certificate of the check shall be submitted to the Inspector General soon after the 1stJanuary and the 1st July, each year;

(44) in case shortages are found because of check made in any of the stores, or as a result of an audit report by the Audit Department, the Superintendent shall take immediate action to fix responsibility for the shortages636 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 among the officials concerned and conduct the necessary inquiry and submit his report within six weeks of the receipt of the audit or inspection report or the shortage coming to his notice with a recommendation to the Inspector General for orders;

(45) in case the Additional Superintendent is discharged or suspended or resigns or takes leave (other than casual leave), or transferred he shall be required, in making over charge to his successor, to give an inventory of all property, stores, etc. in his hands, together with vouchers for all credit sales. This list shall be kept with the prison records, a copy being given to his successor and another sent to the Inspector General. The Superintendent shall satisfy himself as to the correctness of the list within fifteen days from the date the Additional Superintendent leaves the prison and shall, if circumstances warrant his doing so, furnish the Additional Superintendent, should the later require it, with a certificate that no demands or liabilities are outstanding against him in that prison. In case of the death of the Additional Superintendent, the inventory shall be made by or under the directions of the Superintendent and the certificate shall be granted on the application of the heirs or executors of the deceased;

(46) in case a new Superintendent assumes charge of prison, it shall be the duty of the Additional Superintendent to bring to his notice, in writing, all orders specially relating to that prison. In the event of any grave irregularity taking place in consequence of non-obser vance on the par t of the Superintendent of any such order, the Additional Superintendent shall be held responsible unless he can show that he brought the order in question to the notice of the Superintendent; and

(47) proper functioning of electronic equipments like CCTV system, X-ray scanners, Door Frame Metal Detectors, Hand Held Metal Detectors, Telephones, Wireless network, mobile jammers etc;

(48) ensure that all store-rooms are clean, neatly arranged and protected as far as possible from vermin, birds, insects and the weather.

63. Since the Prisons Act 1894 defines the word "Jailor", the word "Deputy Superintendent" may be replaced for "Jailor" in the Prisons Act and all Prison Rules and his duties may be as follows:

Deputy Superintendent

64. The Deputy Superintendent is the officer subordinate to the Superintendent and Additional Superintendent and assists them wherever necessary. He shall perform all the functions attached to the post of Additional Superintendent during his absence. He shall be generally responsible for observance of all prescribed rules and orders.

Duties of Deputy Superintendent

65. The Duties of the Deputy Superintendent

include,—

(1) Supervision over security, custody and discipline, supervision over care and welfare of prisoners.

(2) Supervision over personnel matters, staff discipline and staff welfare assisting the Superintendent in all matters pertaining to institutional management.

(3) Inspecting kitchen and canteen visit to

hospital.

(4) Admission and release work.

(5) Classification of prisoners and their

training.

(6) Deputy Superintendent shall see that prisoners are clean in their persons and clothes and that they have the authorized amount of clothing and bedding and no more.

(7) Shall, at uncertain times but at least once a week, cause every prisoner and all clothing, bedding workshops, ward sand cells to be thoroughly searched.

(8) Shall be responsible for the execution of all orders regarding the labour of prisoners. He shall assign to each prisoner his work on the recommendation of the classif ying Committee constituted in each central prison637 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 for the purpose. The said Board shall consist of the Superintendent of the concerned prison, Medical Officer and the Deputy Superintendent. He shall ensure that the assigned works are performed by the prisoner.

(9) He shall supervise the cultivation of the garden and be responsible for the adequacy of the supply of vegetables. He shall supervise the prison farm and all other outside operation.

(10) He shall jointly with the Medical subordinate be responsible for the proper preparation and distribution of food to prisoners.

(11) Supervise the distribution of food and satisfy himself that each prisoner receives his proper quantities of food at the prescribed times.

(12) He shall supervise the working of the guards. At least once a week, at uncertain time, 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 properly maintained.

(13) The Deputy Superintendent shall not be absent from the prison premises for a night without permission in writing from the Superintendent, but, if the absence without leave for a night is unavoidable, he shall immediately report the fact and the cause of it, to the Superintendent.

(14) He shall be responsible for custody of all warrants and for the strict enforcement of their terms and that no prisoner on any account be released before his due time or kept in prison beyond the termination of his sentence.

(15) The Deputy Superintendent shall, before leaving the prison for any purpose whatsoever, and on every occasion, on which he proposes to leave the prison, make over charge of the prison to the next senior officer in the rank present, and shall record the fact in the journal. The officer receiving charge shall, thereupon, countersign the entry made in acknowledgment of having done so.

(16) Keep a report book/journal in which

he shall record,—

(a) the time when the wards were

opened,

(b) the members of the staff, if any, who

were absent,

(c) the time when the prisoners started

to work,

(d) the time when work was stopped in the forenoon and when it was recommenced,

(e) the time when work was stopped for

the day,

(f) the time when the lock-up was

completed,

(g) the gratings and locks of the prison

were got tested and found intact,

(h) the time of handing over of the prisoners for transportation to hospitals and courts,

(i) deliver y of food to all prisoners

admitted to prison,

(j) particulars of seriously sick prisoners,

and

(k) any unusual happenings,

(l) record the duties performed by him on every day and submit the same to the Superintendent,

(m) bring it to the notice of the Superintendent that his assessment in general on the discipline among the staff and prisoners,

(n) record any inadequacy on the security arrangements and suggest guidelines to set right things, wherever necessary, and

(o) bring it to the notice of the Superintendent any other matter of importance.

(17) Allot to each prisoner, sentenced to undergo rigorous imprisonment, a proper task and satisfy himself that every such638 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 prisoner, who is fit for labour, is daily put to proper labour and performs his allotted task and, for the purpose, to check the task allotted and visit the workshops, kitchen and other places frequently while the prisoners are engaged at work.

(18) Search or cause to be searched all prisoners to ensure that there is no prohibited article on his person or belongings.

(19) The Deputy Superintendent shall, at uncertain times, daily, cause each prisoner, and all clothing and bedding, and all wards, cells and other compartments, workshops, latrines, and other places frequented by prisoners, to be thoroughly searched for prohibited articles. He shall further ensure that daily searches are conducted inside the different wards so that unauthorized articles are not possessed by the prisoners. The searching of High Security prisoners shall be on daily basis.

(20) To ensure dangerous, high risk, multiple offenders and habitual prisoners are kept in separate wards.

(21) To ensure that entries about serious ailments, drug users or suffering from T.B. or other diseases are properly recorded so that he can be immediately transferred if need be to the jail/outside hospital and the continuity not broken in administering medicine.

(22) In the event of any prisoner, being at any time, guilty of a breach of discipline or of any rule or regulation or of any other misconduct, the Deputy Superintendent shall cause the offender to be brought before the Superintendent for orders, and shall enter or cause to enter the charge in the prisoner's history ticket.

(23) Shall, whenever required so to do, accompany the Superintendent, visitors, senior officers and dignitaries during their visit to the prison.

(24) Shall attend the parade held by the

Superintendent and shall,—

(a) carefully inspect every prisoner;

(b) examine the clothing, bedding and

utensils etc. of every prisoner; and (c) check the muster roll and satisfy himself that every prisoner is present or accounted for and satisfy himself generally that everything is in proper order. He shall enter a report of his inspection in his journal, noting there in the state of the clothing, cleanliness, numerical strength and other matters of importance relating to the prisoners.

(25) Shall ensure the scale, weights and measures in use in the prison, for the issue and distribution of provisions, stores and raw material, are accurate and in good order and shall, before taking delivery, weight, measure or count all stores supplied to the prison, or cause such to be done under his personal supervision.

(26) Shall ensure the state of the prison store rooms and their inaccessibility to persons not authorized to enter them.

(27) In case, he is discharged or suspended or resigns or takes leave (other than casual leave), or transferred, he shall be required, in making over charge to his successor, to give an inventory of all property, stores, etc. in his hands, together with vouchers for all credit sales. This list shall be kept with the prison records, a copy being given to his successor and another sent to the Inspector General. The Superintendent shall satisfy himself as to the correctness of the list within fif teen days from the date the Deputy Superintendent leaves the prison and shall, if circumstances warrant his doing so, furnish the Deputy Superintendent, should the later require it, with a certificate that no demands or liabilities are outstanding against him in that prison. In case of the death of the Deputy Superintendent, the inventory shall be made by or under the directions of the Superintendent and the certificate shall be granted on the application of the heirs or relatives of the deceased.

(28) Duty with regard to welfare of prisoners.— (a) He shall be responsible for implementing state policy pertaining to correctional administration, reformation and welfare activities of prisoners. He shall be639 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 responsible for organizing and conducting educational, cultural, recreational and all other welfare activities for the prisoners.

(b) He shall supervise the work of prison

staff and Welfare Officer in the prison.

(c) He shall check every ar ticle of canteen at least once a fortnight and record a certificate to the effect and shall cause to maintain proper accounts and registers thereof.

Deputy Superintendent (Factory)

66. Any of the Deputy Superintendents may be put in charge of the manufacturing department and other productive enterprises being carried out in any prison in which an industr y is functioning. The Assistant Superintendent (Factory) shall perform all the duties of Deputy Superintendent in a prison where Deputy Superintendent is not posted and Assistant Superintendent is put in-charge of the factory. The Deputy Superintendent (Factory) or Assistant Superintendent (Factory), as the case may be, shall obey the orders of Superintendent in all matters relating to the factory and to assist the Superintendent and the other senior officers in the maintenance of order and discipline and in the general management of the prison.

Duties of Deputy Superintendent (Factory)

67. The Deputy Superintendent (Factory) shall have the following duties and responsibilities.— (1) He shall be responsible for the efficient management of the manufacturing department and shall conduct all operations relating to the manufacture of articles in the prison to the greatest possible advantage of the Government.

(2) All stores maintained in the manufacturing department of the prison, whether costing of raw material, material in process of manufacture or manufactured goods, machinery, plant tools, or other articles shall be under his care and supervision, who shall at all times be liable to duly account for to the Superintendent.

(3) He shall cause proper accounts to be kept of all stores purchased, received, in stock and expended, respectively, and of all money of whatever kind at any time received to be expended by him or under his authority or orders. He shall be responsible to maintain all registers and accounts prescribed and relating to the manufacturing units and shall ensure that they, are at all times correctly prepared and kept up to date; that proper vouchers for all issues of stores and payments are obtained, kept in safe custody, and produced when called for by the Superintendent, and that his accounts are duly audited under proper authority.

(4) He shall periodically examine all cash, stores, machinery, plant, tools, raw materials, in process of manufacture and manufactured articles, and satisfy himself that the cash stock, materials, manufactured articles, machinery, plant and tools are as per the balance shown in the accounts.

(5) He shall be liable for any defalcations, loss or damage in any way due or attributable to any negligence, disobedience or misconduct on his part.

(6) He shall use all means in his power to make the labour of the prisoners profitable to the Government. He shall prevent waste, embezzlement and theft in the factory and ensure that the prices, at which manufactured goods are sold, are properly remunerative and promptly paid for. He shall also be responsible for moneys, if received, to be sent to the local treasury.

(7) He shall ensure that there is proper classification of amongst the prisoner which should be of three types i.e. skilled, semi- skilled and unskilled. All the new entrants shall be classified as unskilled workers and their cases for transfer to semi skilled category should be taken up after getting three months experience. Recommendation from the supervisor that he has attained some skill should also be obtained. Similarly, a semi- skilled worker shall be classified as skilled worker. A new entrant shall be required to640 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 have more than six months experience to be eligible for classification as skilled worker af ter following above procedure. These criteria will however not apply in cases where a prisoner has attained skilled or semi-skilled status because of his outside working experience.

(8) He shall cause proper accounts to be maintained for the wages to be paid to the prisoners working in the jail factory. He shall also ensure that prisoners are paid timely wages and there is deduction of money from the wages towards victim welfare fund.

(9) He shall keep a constant watch on the receipts and expenditure of the factory and all property of whatever kind. He shall be held responsible for any defalcations that occur in the factory.

(10) He shall maintain a journal and make entries of all matters requiring the orders of the Superintendent such as requisitions for prisoners, materials, machinery, tools, plant and the like; the manufacture, sale, or dispatch of goods, and recommendations of every kind relating to the manufacturing department.

(11) He shall give the consolidated demand of raw material, machiner y, tools and implements to the Superintendent well in time to enable the competent authority to arrange its purchase.

(12) He shall make every endeavor to improve the quality of the goods manufactured. He shall satisfy himself, from time to time, that the work in each branch of industr y is commensurate with the labour employed and the raw material consumed.

(13) He shall make himself acquainted, as far as possible with the character and industry of every prisoner working under him, and assist the Superintendent in allotting remissions and granting rewards for good work. He shall report to the Superintendent, for punishment, all prisoners failing to complete their allotted task or doing bad work, as well as all branches of prison discipline which come within his cognizance.

(14) He shall enter the prison factory sufficiently early each morning to supervise the distribution of the labour gangs, check the task sheet and verify the task done by each worker and he shall ordinarily remain inside the prison throughout the day, and

(15) He shall in consultation & coordination with Accounts Officer (factor y), be responsible to deposit all Government duties, taxes, cess etc. to concerned Government department on time.

Assistant Superintendent

68. Assistant Superintendent shall be subordinate to Deputy Superintendents and other senior officers and he shall assist them in maintenance of prisons in the manner which are as follows:—

(1) To assist the Deputy Superintendent all matters pertaining institutional management.

(2) To assist the Deputy Superintendent in studying the psychological and mental make- up of prisoners and taking steps to reform them.

(3) The Assistant Superintendent shall perform the duties of Deputy Superintendent when the Deputy Superintendent is on leave or engaged in court or other such duties.

(4) The Assistant Superintendent shall, subject to the orders of the Superintendent, be competent to perform any duty of the Deputy Superintendent and be subject to all the responsibilities of Deputy Superintendent under the act and these rules.

(5) While assigning duties to the Assistant Superintendent, the Superintendent shall ensure that each officer is made exclusively responsible for a group of duties so that accountability can be fixed on the officer.

Duties of Assistant Superintendent

69. The following duties, though illustrative and not exhaustive or exclusive, are assigned to the Assistant Superintendent and generally these are as follows,—

(1) be present in the prison at the time of declaration of 'lock-up' and 'lock-out of the prison by the Deputy Superintendent;

(2) be responsible for proper sanitation of his ward and upkeep of Government properties under his charge;

(3) ensure timely submission of reports and returns pertaining to his charge to the Deputy Superintendent;

(4) carry out the lawful orders of his

superiors;

(5) maintain journal in which all important

occurrences are recorded;

(6) be responsible for issuance of post-cards to the prisoners and allowing them to make use of 'inmate phone calling system' to enable them to communicate with their relatives or friends by following prevailing rules in force;

(7) be responsible for the safe custody of

prisoners under his charge;

(8) be present at the time of distribution of

food among prisoners under his charge;

(9) ensure that prisoners as well as their barracks/cells are searched that there are no prohibited articles in the ward;

(10) ensure that all prisoners are produced before the court on due date and time and no one is illegally detained;

(11) ensure that all Sewadars under his control are working efficiently and in the interest of prison discipline;

(12) be responsible for the proper functioning of sanitary, electrical and other equipment available in the ward;

(13) ensure that CCTV system and all other equipment like video conferencing, inmate phone calling system etc. under his control are working efficiently;

(14) ensure that canteen items are sold according to the quality norms and at specified rates;

(15) be responsible for the provision of medical aid to all prisoners under his control and that no sick prisoner remains unattended;

(16) ensure that legal aid is provided to every prisoner under his control and all petitions and appeals of prisoners are dispatched expeditiously;

(17) identify the prisoner who are looking depressed and ensure their due counseling;

(18) ensure proper distribution of clothing, bedding and other necessities among the prisoners;

(19) maintain proper discipline in the wards

under his charge;

(20) hear the grievances of prisoners and

ensure redressal thereof;

(21) ensure proper accounting of Government property and other inventories pertaining to his wards;

(22) sign barrack bandi register of his ward and search daily before leaving the prison after lock-up.

(23) ensure the soundness of the locks, iron-gratings, chains and other security devices;

(24) ensure that welfare activities in his ward are carried out satisfactorily in accordance with the instructions;

(25) remain present in his ward during duty

hours;

(26) ensure that registers at the ward gate are properly maintained and all 'ins' and 'outs' are properly entered in the said Register;

(27) be always remain present in uniform

while on duty in the prison;

(28) assist the Deputy Superintendent in super vising the work of all guarding personnel in the prisons; and

(29) attend to any other duty that may be assigned to him by the Superintendent, Additional Superintendent, Deputy Superintendents or any other senior officer.

70. The Superintendent shall assign specific duties to the Assistant Superintendents/Deputy Superintendent pertaining to the following spheres, namely,—

Lines, Public Relations, Undertrial Section, Convict Section, Prisoners' Welfare Canteen, Deodhi Duty Officer, Chakkar duties, Kitchen, Legal, Medical, Wards and Stores.

71. Lines.— The Assistant Superintendent shall be In-charge of Lines and be responsible for,—

(1) livery items and proper maintenance of

all registers with regard to liveries;

(2) armory;

(3) administrative matter pertaining to Assistant Superintendents, Head Warders; Warders and Sweepers etc.

(4) parade and discipline;

(5) maintenance of leave records, disbursement of salary to the staff and stationery;

(6) maintenance and repair of vehicles, log books, accounting of POL and issuance of identity cards to the staff;

(7) maintaining relevant Register for target practice, warders day duty, night report book, diary register, dispatch register, and liveries register;

(8) proper functioning of electronic equipment like CCTV system, X-ray scanner, door frame metal detector, hand held metal detector, telephones, wireless network, mobile jammers etc.;

(9) ensure that subordinate staff report and leave in time for/ from their duties and are in proper uniform;

(10) ensure cleanliness of the deodhi and

its surroundings, and

(11) ensure that staff posted in the jail is alert and working efficiently at their duty points.

72. Public Relations.— The Assistant Superintendent shall be in charge of Public Relations and be responsible for,—

(1) ensuring smooth and proper conduct of interviews (Mulaqat) including search of visitors as well as their articles,

(2) displaying notice boards giving all information to be communicated to visitors of the prisoners who will be entitled for interview on the week days, to be specified by the Superintendent,

(3) maintaining public conveniences, electrical fittings, drinking water, proper seating facilities, proper maintaining of waiting area etc. to be used by the visitors at the reception,

(4) Deposition of money of the visitors to

the account of inmates as per rules,

(5) proper maintenance of inter view

registers and other records,

(6) redressal of the grievances of relatives

of prisoners,

(7) displaying the list of the prisoners who

are to be released,

(8) proper information to the public

regarding release of prisoners,

(9) proper functioning of electronic equipments like Computer, web camera, CCTV system, X-ray scanner, door frame metal detector, hand held metal detector, telephones, wireless network etc. installed in the public relation office,

(10) searching of every visitor so that he is not carrying any prohibited article inside the prison compound,

(11) restricting illegal entry of any person

or vehicle in the prison compound,

(12) proper recording of name of visitors and prisoner in the concerned register, and

(13) the censoring of letters addressed to and sent by the prisoners and the disposal of such letters under the order of the Superintendent.

73. Undertrial Section.— The Assistant Superintendent shall, in-charge of undertrial section, and be responsible for,—

(1) maintaining all records with regard to

undertrials,

(2) timely and proper execution of court

orders pertaining to release,643 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (3) safe custody of warrants,

(4) timely submission of reports to the

various departments,

(5) maintenance of death record register of

undertrials,

(6) dealing with court matters,

(7) submission of returns regarding their

admission or release,

(8) timely production of undertrials before

courts in pursuance of the court orders;

(9) organize the 'Test Identification Parade',

(10) proper maintenance of Challan Register

pertaining to undertrials,

(11) preparation of list of undertrials,

(12) preparing and submitting a list of undertrials who have been ordered to be released on bail by court but are unable to furnish surety for three months. Such lists should be submitted immediately on expiry of three months detention of undertrial,

(13) preparation of replies, Parliament/

Vidhan Sabha Questions, NHRC and RTI,

(14) ensure that there is proper and correct entries of particulars about a prisoner in the prison management system,

(15) ensure that entries regarding high security prisoner/security risk prisoners etc. properly reflected in the warrants and prison management system/e-prison so that proper precautions are taken at the time of their productions before the court,

(16) ensure that the list of prisoners who are willing to confess their crimes at the Special/Plea Bargaining Courts is prepared and submitted to the prison headquarters in advance for organizing such courts,

(17) ensure that there is proper handing over of prisoners who are being sent outside Goa State for court production or transfer,

(18) periodically submit the list of prisoners who could not be released because of some defects in the warrant,

(19) if for some reason a warrant cannot be executed, the court concerned should be informed of such reasons and a fresh warrant and date be obtained for producing the prisoner,

(20) ensure that video conferencing system/ bio-metric finger identification system is kept in running condition so that remand extension proceedings are conducted in a smooth manner,

(21) properly fill the columns of undertrial

register, and

(22) on completion of the necessary entries in the admission and release registers and of the procedure prescribed in this chapter, in so far as it may be applicable in each case, the Assistant Superintendent shall bring these registers and all newly admitted prisoners with their warrants before the Deputy Superintendent and Superintendent, who shall satisfy themselves that the entries are correct and attest them in token thereof.

74. Convict Section.— The Deputy Superintendent shall be in charge of Convict Section and be responsible for,—

(1) proper execution of sentence,

(2) proper custody of warrants and orders issued by cour ts or detaining authority pertaining to convicts and detenues under various provisions of law,

(3) proper maintenance of registers relating

to convicts,

(4) maintenance of 'Personal Property'

accounts of all prisoners,

(5) timely submission of reports/returns,

(6) timely completion of history tickets/

remission sheets,

(7) timely production of convicts/detenues

before courts/appropriate authorities,

(8) ensuring that the details of case/cases and properties of a convict are mentioned correctly in the Warrant on his transfer outside from prison or his reception in the prison from outside,644 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (9) maintaining records of all convicts who fail to surrender to the prison authorities after the expiry of period of parole/furlough/ interim bail etc. and submit a weekly report of such prisoners to the Superintendent,

(10) timely processing of cases convicts requiring consideration by the Sentence Review Board (S.R.B.),

(11) ensure that no convicted prisoner is

illegally detained,

(12) properly maintain the parole/interim bail records of a convict and take all necessary steps to inform the concerned agencies about the jumping of parole/interim bail by a convicted prisoner,

(13) ensure that every convicted prisoner

is allotted labour as per rules,

(14) ensure that every entry regarding pending cases against the convict is properly recorded in the register,

(15) properly fill the columns of convict register and if a prisoner wants to appeal through the Legal Aid Cell of the prison should be properly recorded,

(16) submit the nominal roll before the courts whenever application/appeal of a convict is forwarded,

(17) proper receipt of prisoner/convict who

are detained by court outside Goa State,

(18) proper and timely submissions of cases

of parole/furlough,

(19) to attend to the maintenance of accounts for extra articles purchase by civil debtors,

(20) on completion of the necessary entries in the Admission and Release Registers and of the procedure prescribed in this chapter, in so far as it may be applicable in each case, the Deputy Superintendent shall bring these registers and all newly admitted prisoners with their warrants before the Additional Superintendent and Superintendent, who shall satisfy themselves that the entries are correct and attest them in token thereof, (21) on the admission of a new convict, he should be asked by the Superintendent whether he wants to file an appeal against the conviction, if yes, then, further question should be asked about whether he wants to file an appeal through jail or from outside through private advocate. If the prisoner wishes to file appeal through jail then he should be extended legal aid facilities at government cost, and

(22) convict should give, in writing, his willingness of filing appeal through legal aid or otherwise.

75. Canteen for prisoners' welfare.— An officer not below the rank of Assistant Superintendent shall be the in charge of canteen for prisoners' welfare and shall be responsible for,—

(1) proper maintenance of the prisoners'

welfare canteen,

(2) maintenance of all records pertaining

to canteen,

(3) organization of extra-curricular

activities,

(4) destruction of used coupons/

maintenance of smart cards etc.,

(5) proper maintenance of accounts of the

canteen and their annual audit,

(6) obtaining proper sanction of the competent authority for incurring expenditure, and

(7) ensuring quality and quantity of

products in the canteen.

76. Duty officer of Administrative Block.— An Assistant Superintendent shall be detailed as Duty Officer in the Deodhi round the clock. There shall be three shifts of 8 hours duty. No Assistant Superintendent shall leave Deodhi duty after completion of his duty unless his reliever has arrived and the officer on duty has handed over the charge.

77. The Assistant Superintendent Deodhi

shall perform the following duties,—

(1) to ensure that no unauthorized person

has any access to the Deodhi,645 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (2) compliance of security measures to

prevent escape of any prisoner,

(3) proper search of prisoners before their entry inside the prison; illegal/ unauthorized items found in the possession of prisoners shall be brought to the notice of Deputy Superintendent/Additional Superintendent/ Superintendent,

(4) to ensure that every visitor and staff member makes a record of entry and exit in the prescribed register before entering or leaving the Deodhi,

(5) proper search of visitors at the time of

entry in the Deodhi,

(6) to ensure that no interview is allowed to any prisoner without proper authorization,

(7) interviews of prisoners with their authorized qualified counsels which should be conducted in his presence with the prior approval of the Superintendent,

(8) to ensure that all officers while entering/

leaving Deodhi are properly searched,

(9) to ensure that Deodhi is opened for entry

and exit under his instructions,

(10) to ensure that proper entries are made in respect of all goods brought inside and taken out of the prison,

(11) arranging expeditious transport and escort for such prisoners who are to be shifted to outside hospitals,

(12) entry of every important occurrence in the Deodhi of every Jail and shall place it before the Superintendent for necessary orders and perusal,

(13) Maintaining all electronic equipment installed in the Deodhi like X-Ray Scanner, door frame metal detector, hand-held metal detector etc. He should further ensure that all the vehicles passing out from Deodhi are carefully searched so that no unlawful articles/person is taken out; and

(14) In case of any untoward incident come to the notice, it shall be brought to the notice of Deputy Superintendent, Additional Superintendent and Superintendent of the prison.

78. Chakkar Duties.— An Assistant Superintendent shall be the in-charge of Internal Control Room duties and be responsible for,—

(1) ensuring that no prisoner is allowed to go outside the ward without written authorization by the competent authority,

(2) co-ordinate all educational, reformatory

and cultural activities in all wards,

(3) proper maintenance of all records, registers pertaining to Internal Control Room duties including Barrack Bandi Register,

(4) timely 'lock-in' and 'lock- out' of

prisoners,

(5) submitting to the Superintendent a weekly report of progress of construction and maintenance works,

(6) taking all necessary measures conducive towards promoting discipline amongst the prisoners,

(7) proper cleanliness and greenery/

nursery is maintained in the prison,

(8) ensuring that only those prisoners leave their ward who have been called for their interview and that proper record is maintained of all persons sent for interviews,

(9) ensuring that there is sufficient availability of raw and drinking water in the wards,

(10) ensuring that warder posted in their respective wards are alert on their duties and leave the ward only when the duties are over and their substitute arrived,

(11) ensuring that no one, including prison officer, unnecessarily visit the Chakkar unless there is legitimate work,

(12) ensuring that all electronic equipment including CCTVs, Videoconferencing equipment, computers, communication network, mobile jammers, R.O. System, rain water harvesting, solar water heating system, etc. are working efficiently, and646 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (13) to ensure that all riot control equipment and other electronic gazettes are in working condition to combat any violence.

79. Kitchen Duties.— The Assistant Superintendent shall be in charge of kitchen and be responsible for,—

(1) maintaining quality and quantity of food,

tea and eatables,

(2) ensuring that food is distributed at

proper hours,

(3) ensuring timely supply of gas or fuel to the kitchen and proper maintenance of solar heating system,

(4) preparation of wages of prisoners

deployed in the kitchen,

(5) safeguarding against pilferage in the

kitchen store,

(6) ensuring security, safety and health of

prisoners lodged in the kitchen ward,

(7) timely preparation and placement of indents of materials required for the kitchen,

(8) ensuring safe custody of all kitchen

equipment,

(9) ensuring economy and prevent wastage

of food in the kitchen,

(10) ensuring that different kinds of vegetables are given during lunch and dinner and a weekly menu is prepared and exhibit in advance and given to the Deputy Superintendent(Store), for timely supply,

(11) ensuring that utensils for the distribution of food are kept in proper condition, and

(12) ensuring that prisoners are wearing uniform, gloves and head-cap while preparing the food, and

(13) Maintain the proper hygiene and

cleanliness in Kitchen.

Assistant Superintendent (Legal)

80. The Assistant Superintendent (Legal) shall be in charge of legal matters and be responsible for,—

(1) coordinate legal work pertaining to 'Free

Legal Aid Cell',

(2) prepare para-wise comments on writ petitions/petitions filed by the convicts or prisoners in the courts, timely preparation of appeals of convicts,

(3) coordinate with the Law Officer of the prison for filing replies to writ petitions filed in the Courts,

(4) consider the proposals of Legal

Panchayats,

(5) maintain a library of legal books, journals and important judgments for the facility of consultation,

(6) ensure that legal Aid is provided to every

eligible prisoner,

(7) ensure that every prisoner, who wishes to prefer appeal against the conviction, is extended facilities which include stationery, typing, photostat, trial court records etc.,

(8) keep proper record of receipt and dispatches of petitions submitted by the prisoners and shall also ensure its timely receipt and dispatch,

(9) keep record of visit by advocates and verification of bills before its submission to legal aid agency, and

(10) redressal of complaints of prisoners

relating to the legal cell.

Assistant Superintendent (Medical)

81. The Assistant Superintendent (Medical) shall be in charge of medical matters and perform the duties which are as follows,—

(1) co-ordinate with the Medical Officer, Medical Officer in charge, Chief Medical Officer,

(2) attend to the grievances of patients

including drug addicts,

(3) ensure maintenance of files of patients,

(4) ensure proper sanitation and cleanliness

in prison,

(5) be responsible for regular removal of garbage from the prison premises and to report to the Superintendent of Prison twice a week,647 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (6) remain in constant touch with the prisoners who are sent out to outside hospitals and ensure redressal of their problems including proper attention and treatment in the hospitals,

(7) ensure that medicines are given on time to sick prisoners and are consumed in the presence of medical/jail staff,

(8) ensure proper safety and security of the

medical staff posted in the prison hospital,

(9) ensure proper care and treatment of

sick prisoners admitted in outside hospital,

(10) inform the Superintendent of Prison about serious sickness of any prisoner so that his case could be taken up with the concerned court,

(11) to get an attendant for a seriously sick prisoner at the hospital by contacting his relations outside for helping the sick prisoners, and

(12) To check the correctness of the kitchen slips, hospital indents and other indents placed on him for issue of ration and miscellaneous articles on medical grounds.

82. Wards Duties.— The Assistant Superintendent in charge of wards shall be responsible for ensuring that,—

(1) no prisoner is detained unauthorized in any ward without any legal document i.e. warrant etc.,

(2) lodging in the wards is strictly in

accordance with rules,

(3) sick prisoners get timely medical

treatment and proper attention,

(4) wards including toilets and bathrooms are properly maintained in a state of cleanliness and hygiene,

(5) clothing, bedding etc. are properly

provided,

(6) every prisoner has adequate and proper

space for sleeping,

(7) supply of water for drinking and other

uses is adequate,

(8) educational, reformator y and recreational activities in the wards are in accordance with the policy and schedule,

(9) prisoners are locked "in" and "out" on

time,

(10) identity of a prisoner is fully established before he is sent to cour t or allowed interviews or release,

(11) discipline is maintained in wards

amongst the prisoners,

(12) there is proper account and safe

custody of prison properties in wards,

(13) the equipments like sports item, television, books, newspaper etc. are kept in ready to use position,

(14) prisoners are being supplied adequate

clothing at the government cost,

(15) legal aid is provided to every prisoner,

(16) there is proper segregation of prisoner

in the ward, and

(17) searches, regular as well as surprise, are routinely conducted so that prisoners are not able to access prohibited/unauthorized articles,

(18) proper upkeep of electronic gadgets like mobile jammers, DFMD/HHMD/search lights, electric items etc.,

(19) to assist the Deputy Superintendent and to be present with him at the time of supply of food to prisoners sentenced to death,

(20) to assist the Deputy Superintendent in searching the prisoners sentenced to death and examining the cells where prisoners sentenced to death are locked-up, and

(21) to conduct interviews with prisoners

sentenced to death.

Assistant Superintendent (Store)

83. The duties of the Assistant

Superintendent store shall be as follows,—

(1) In-charge of all stores that is, grain, provision, supplies, raw material, accessories, manufactured articles, inmate equipment,648 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 personnel equipment, dead stock and miscellaneous store.

(2) in-charge of the ration stores as

generally stated,

(3) to be directly responsible for the storing and custody of ration and other articles purchased and their issue from the stores,

(4) place indents and get supplies of all articles of diet and articles required for the prisoners,

(5) attend to the day-to-day maintenance of stock registers and other connected records and to the proper maintenance of stock,

(6) maintain separate accounts and to be responsible for the safe custody of empty gunnies and other receptacles received and disposed of,

(7) weigh and issue ration and other

articles for consumption,

(8) super vise the cleaning of grains, vegetables and other dietary articles and their grinding, if any,

(9) custodian of all civil store articles

entrusted to the ration stores,

(10) the custody of prisoner's private clothing and prison clothing stores; and the issue of fresh clothing to the prisoners, and

(11) The maintenance of the clothing and

registers in the prescribed form.

(II) Guarding Personnel

84. The guarding personnel shall be consist of Chief Head Warder, Chief Head Matron, Head Warders, Head Matrons, Warders, and Matrons. There shall be at least one guarding staff for every six prisoners and this ratio shall be followed in all three shifts. The staffs who are engaged in the industries and other welfare activities shall be excluded while calculating the ratio.

85. Specific duties of each member of the guarding staff on various sections/points shall be assigned by the Superintendent on rotation basis in keeping with his/her status within the cadre in the following areas, (1) Security, custody, discipline;

(2) Searches and counting of prisoners;

(3) Opening and locking-up of the prison;

(4) 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;

(5) Care and welfare of prisoners;

(6) Maintenance of discipline in institutional premises, gates, quarantine, barracks, dormitories, cells, work sheds, punishment yards, segregation yards, hospital, kitchen, farm and in ever y other section of the institution;

(7) Sanitation and hygiene in areas under

his/her charge;

(8) Guarding and sentry duties;

(9) Escor ting prisoners for work, supervision of their work, care and custody of tools, property, equipment, dead stock and livestock;

(10) Supervision of distribution of food,

canteen articles and inmate equipment;

(11) Helping the technical personnel in worksheds, management and discipline, helping agricultural personnel in all related matters;

(12) Discipline in areas where educational, cultural and recreational activities are conducted;

(13) Reporting violations of discipline to appropriate officers for taking immediate action as per rules;

(14) Obser ving habits and behavior patterns of inmates and reporting the same to the authorities concerned, helping inmates improve their habits and attitudes;

(15) Taking preventive and control

measures for all emergency situations;

(16) Discipline in staff quarters;

(17) P.T., drill parades and emergency

practice;

(18) The Chief Head Warder, Chief Head Matron, Head Warder, Head Matrons, Warders, and Matrons shall be subject to such discipline, as may, in the opinion the Inspector General of Prisons, be deemed necessary for efficient discharge of all duties and functions connected with the protection and management of the prison.

Chief Head Warder/Chief Head Matron

86. It shall be the duties of every Chief Head Warder/Chief Head Matron to.— (1) superintend the Warders/Matrons and Head Warders/Head Matrons subordinate to him/ her in the discharge of their duties,

(2) assist in every possible manner in the management of the prison, the prevention of escape and the maintenance of order and discipline generally amongst subordinate officers and prisoners,

(3) comply with the requirements of all laws, rules, regulations, directions and orders for the time being in force as to the duties which he/she is to perform and the manner in which he/she is to perform them,

(4) obey the orders of all officers superior

to him/her in rank,

(5) assist the Deputy Superintendent in all

routine duties,

(6) to ensure that toilets and bathrooms are cleaned with disinfectant and food is distributed in an orderly manner,

(7) cause all iron gratings, doors and the like to be secured and satisfy himself/herself, from time to time, that they are secure,

(8) check the uniform of the Head Warders/ Head Matrons, Warders/Matrons, and give them half-an-hour's drill daily,

(9) satisfy himself/herself that all prisoners required to attend courts or hospitals are sent out of the wards in time,

(10) ensure that there is no unauthorized

movement of prisoners in the ward, (11) satisfy himself/herself that all reformatory activities in his/her ward are being carried as per schedule,

(12) ensure that all records and registers are duly maintained in the ward including ward Register at the gate of the ward to record all 'in' and 'out' from the wards,

(13) report any untoward incident or violation of rules by prisoners immediately to the Assistant Superintendent In-charge (ward)/Deputy Superintendent,

(14) shall attend courses, drills and parades, use of arms and ammunitions in the nature of training as the Inspector General may, from time to time, prescribe in that behalf,

(15) give each Head Warder/Warder or Head Matron/Matron (except those who are exempt) half-an-hour's drill daily and report to Assistant Superintendent the name of every such warder, Head Warder, Matron or Head Matron, who is absent from drill training, and to,—

(a) give effect to any punishment drill

ordered by the Superintendent,

(b) inspect all arms and accoutrements every day and see that they are kept clean and fit for immediate use,

(c) take charge of the armour y, ammunition and spare accoutrements, keep the key of the armoury in his/her possession, subject to order of the Superintendent, see that the ammunition is kept dry and in good order, that ten rounds of buckshot ammunition for each rifle are always kept ready for use,

(d) satisfy himself/herself that each sentr y knows and understands the instructions meant for his/her post, and

(e) keep an account of ammunition in

stock received and expended, and

(16) The Chief Head Warder/Chief Head Matron shall, on the arrival of the Superintendent daily, report to that officer if the arms and ammunition including lathies,650 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 protective devices, tear smoke etc. are ready for use in case of emergency; and any other matter of importance that has come to his/ her knowledge.

87. If there is no appointment of Chief Head Warder/Chief Head Matron then the senior most Head Warder/ Head Matron shall be assigned the duties of the Chief Head Warder/Chief Head Matron to be performed.

Head Warder/Head Matron

88. It shall be the duty of Head Warder/ Head Matron to.— (1) superintend the warders/matrons subordinate to him/her in the discharge of their duties,

(2) assist in every possible manner in the management of the prison, the prevention of escape and the maintenance of order and discipline generally amongst subordinate officers and prisoners,

(3) comply with the requirements of all laws, rules, regulations, directions and orders for the time being in force as to the duties which he/she is to perform and the manner in which he/she is to perform them,

(4) obey the orders of all officers superior

to him/her in rank,

(5) assist the Deputy Superintendent in all

routine duties,

(6) open, in the presence of the Deputy Superintendent/Assistant Superintendent, sleeping wards, cells and other compartments each morning and count the prisoners,

(7) distribute the prisoners, who are liable to labour each morning to their respective places,

(8) issue all necessary tools, implements, raw material and other articles required for the day's work and to make a record of all articles so issued,

(9) collect all such articles, together with the produce, if any, of the prisoners' labour, after the period prescribed for work is over each evening,

(10) satisfy himself herself that all articles issued have been duly returned to him/her or accounted for,

(11) to ensure that toilets and bathrooms are cleaned with disinfectant and food is distributed in an orderly manner,

(12) check the prisoners at each change of

guard,

(13) cause all iron gratings, doors and the like to be secured and satisfy himself/herself, from time to time, that they are secure,

(14) cause all bamboos, scantlings, poles, ladders, ropes, well gear and other articles likely to be used for, or to facilitate the escape of any prisoner to be removed and placed beyond the reach of the prisoners in the places prescribed for storing or keeping the same,

(15) keep constantly moving about while on day duty, amongst the prisoners, supervising the work and discipline of the prison and keeping the warders/matrons and convict functionaries on the alert,

(16) in the presence of the Deputy Superintendent/Assistant Superintendent count, search and lock the prisoners up in their respective wards, cells and other compartments, at the prescribed time each evening,

(17) check the uniform of the warders, and

give them half-an hour's drill daily,

(18) ensure that all electric fittings and fixtures are maintained properly and are functional so that neither is there any opportunity for misuse nor a mishap,

(19) satisfy himself/herself that all prisoners required to attend courts or hospitals are sent out of the wards in time,

(20) ensure that there is no unauthorized

movement of prisoners in the ward,

(21) satisfy himself/herself that all reformatory activities in his/her ward are being carried as per schedule,651 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (22) ensure that no prisoner has in his/her possession or within his/her reach, any prohibited article,

(23) ensure daily routine of prisoners as formulated by the Superintendent is followed,

(24) ensure that all records and registers are duly maintained in the ward including in and under Register at the gate of the ward to record all 'in' and 'out' from the wards,

(25) conduct searches of the ward so that none possess prohibited/unauthorized articles,

(26) report any untoward incident or violation of rules by prisoners immediately to the Assistant Superintendent In-charge (Ward)/Deputy Superintendent,

(27) The Head Warder/Head Matron shall be responsible for the safe custody of Government proper ty and all bedding, clothing, utensils, electrical fittings and furniture's etc. with prisoners or in the ward under his/her charge. He/ she shall also maintain an up-to-date record of the above,

(28) Every Head Warder/Head Matron shall, at least ten minutes before the hour fixed for relieving the guard on duty, collect the warders/matrons of the relieving guard at the main gate of the prison. At the proper time he/she shall march the relieving guard of warders/matrons to their respective posts, and remove the guard to be relieved. Warders/Matrons, while going on or off duty, shall be marched in double file,

(29) A separate register shall be maintained in each ward which should be signed by the relieving warder/matron and relieved warder/matron at the time of taking or handing over charge of the ward. Before taking overcharge, the relieving warder/ matron shall satisfy himself/herself that everything in the ward is in order and a certificate to this effect shall be recorded by him/her in a register,

(30) The keys of the prison shall, when not in use or in the personal custody of any officer of the prison, be kept in a locked receptacle to be kept for the purpose at the main gate, and the key of such receptacle shall, by day, be retained by the Head Warder/Head Matron, and by night by the patrolling officer for the time being on duty.

Warders/Matrons

89. Warders/Matrons should have a particular charge assigned to them. Each warder/matron shall have a particular duty assigned to him/her by the Superintendent or Deputy Superintendent, such as charge of a ward, or set of wards, a work-shop or a set of workshops, or gang of prisoners inside the prison. The posts and duties of warders/ matrons shall be frequently changed so as to prevent them from developing any undue relations with any of the prisoners.

General duties of warders/matrons

90. It shall be the duty of every warder/

matron at all time to,—

(1) render all assistance in his/her power in the management of the prison, the maintenance of order and discipline amongst prisoners and the guarding and defending of the prison and all persons, property kept therein or belonging thereto against the use of criminal force by any person,

(2) obey the lawful orders of all officers

superior to him/her in rank,

(3) comply with the requirement of all laws, rules, regulations, directions and orders, for the time being in force, regulating the duties which he/her is to perform and the manner in which he/she is to perform them,

(4) take proper care of all property of whatever kind at anytime entrusted to him/ her and duly account for the same whenever called upon to do so,

(5) to be at all times in a state of readiness and armed immediately, whenever called upon to do so or an alarm is given, and to do all lawful acts and things necessary or expedient for the purpose of maintaining orders, quelling any disturbance, preventing any combined attempt to escape or to break out of prison, defending the prison and all652 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 properly therein or there to pertaining to attacks from within or without the prison,

(6) remain in the prison complex, if accommodation is provided in prison complex, round the clock and not to leave the complex without permission of Superintendent/Deputy Superintendent,

(7) fully assist the prison administration in

carrying out correctional activities,

(8) acquaint himself/herself with the working of security gadgets so that these are used in an efficient manner,

(9) remain alert while on duty,

(10) be in uniform whilst on duty unless exempted by the Superintendent, by written orders,

(11) know the number of prisoners in his/ her charge; to count them frequently during his/her turn of duty and to satisfy himself/ herself that he/she has in his/her custody, not only the correct number, but the particulars of prisoners for whom he/she is responsible,

(12) search all prisoners he/she receives in his/her charge or made over to the charge of any other officer, at the time of receiving and making over charge, respectively,

(13) report about every prisoner in his/her charge who has been idle or who has not completed his/her task or who has committed any other prison offence,

(14) bring to the notice of the Head Warder/ Head Matron any prisoner appearing to be ill or complaining of sickness so that action for his/her timely treatment can be taken,

(15) repor t, at once, any plot for the purpose of escaping or of assault or outbreak or of obtaining forbidden articles,

(16) prepare prisoners for muster and parade and to see that such prisoner comes to his/her proper place of duty in proper dress and behaves well,

(17) take action forthwith as prescribed

when any prisoner is missing,

(18) keep his/her arms and accoutrements clean, in good order and fit for immediate use,

(19) render all assistance to the Head Warders/Head Matrons and his/her superiors in carrying out educational, reformatory, recreational and physical activities in the ward,

(20) ensure that there is no unauthorized

movement of prisoners in the ward,

(21) ensure that no prisoner in his charge

is possessing prohibited articles,

(22) ensure that human rights of the prisoners are fully respected and there is no violation,

(23) see that daily routine of the prisoner as notified by the Superintendent is followed and the prisoner in his/her charge remain fully disciplined,

(24) ensure that there is no prisoner in his

/her custody, who is illegally detained,

(25) No warder/matron shall, while on duty, at any time, under any circumstances on any pretext, leave his/her post or absent himself/ herself from duty until relieved in due course or his/her leave is sanctioned by the Competent Authority:

Provided that he/she may leave his/her post to prevent an escape or to assist in subduing a disturbance taking place within his/her sight or, when he/she is in charge of prisoners, if he/she can do so, without serious risk to the safe custody of those prisoners. It rests upon the warder/matron concerned to show that the circumstances were so exceptional as to justify his/her doing so; and

(26) No warder/matron shall leave his/her duty places after his /her duty hour unless his/her reliever has come and complete charge is handed over to him/her.

Sentry

91. Posting of sentry outside the jail gate round the clock.— (1) A sentry should be posted outside the gate round the clock for protecting the gate from any unauthorized entry or exit.

(2) The sentry at the main gate shall be posted immediately outside the outer gate and shall carry his rifle in orderly manner with all readiness to face any contingency.

Duties of a Sentry

92. The duties of sentry are as under,—

(1) to be alert and vigilant on his duties,

(2) not to enter into conversation with anyone except when questioned by a superior officer,

(3) not to interfere unnecessarily with any

prisoner or prison officer,

(4) not to leave his post without regular

relief upon any pretext whatever,

(5) not to allow any person to approach

near his post without being challenged,

(6) to warn the person challenged, if the reply is unsatisfactory, to stand until the officer in charge of the picket arrives, ringing his rifle at the same time to "the charge",

(7) to satisfy himself that the main gates

and wickets are securely locked,

(8) not to allow persons to crowd around

him,

(13) to keep the arms and ammunition under his control in fully secured position when on duty, and

(14) to enforce his duties firmly and without

any exception.

93. Escorts for visitors.— The escorts for an official, non-official or private visitor to a prison, shall consist of warder armed with a baton, from the warder guard.

94. Courtesy to officers by Sentry.— The Sentry at the gate shall present 'Salami Do' to the Superintendent and Officers higher in rank and 'Butt Salami' to the officers of the rank of Deputy Superintendent. He should be courteous to all the officers entering or leaving the jail.

Gate Keeper

95. A Head Warder shall be constantly on duty, as gate-keeper, at the main gate of every prison, between the hours of opening the prison in the morning and closing in at night. At every relieving of any gate-keeper, a note of the hour of such relieving shall be recorded and signed by both the relieved and relieving personnel.

Duties of Gate-Keeper

96. The duties of Gate-keeper are as

follows,—

(9) if he sees a prisoner attempting to escape, to call on him to stand, and if he refuses to do so and there is no superior officer present, to use force on the prisoner, provided he cannot otherwise prevent the escape,

(10) if he is beyond call and has to alarm the guard, to fire a shot in the air as the signal of alarms,

(11) if he sees any article in or near the prison likely to facilitate escape, or if any unusual incident comes under his observation, he must at once report the matter to the officer in charge of the picket,

(12) when on duty at the main gate at night, not to allow any person to enter or leave the prison who is not on official duly authorized to enter or leave, and not to permit any warder to enter or leave except when accompanied by the patrolling officer on duty, or one of the superior officials,

(1) may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found shall give immediate notice thereof to the Deputy Superintendent.

(2) shall keep a record, in the prescribed register, of the names of all persons who-so- ever at any time pass into or out of the prison, with the hour and minute, of the entrance and exit of every such person, and, as far as may be, the name and sufficient description of every article of whatever kind passed into or out of the prison.

(3) shall keep a register of all prisoners with the names of the officers in charge of them.

(4) shall comply with all rules, regulations, directions and orders, respectively, 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, and generally the duties which he is to perform and the manner in which he is to perform.

(5) sufficient description of every article' means the name, number or weight, as the case may be, and such other particulars as may be necessary, of all goods, tools stores, or other articles passed into or out of the prison.

(6) The name of the officer in whose charge authorized articles are passed in or out with the hour and minute of their passage should be recorded. All entries of persons or articles should be made at the time of their passage and in consecutive order.

(7) The gate-keeper shall open only one gate of picket at a time, and before doing so, shall assure himself that the other means of entry and exit are securely bolted and locked. Ingress and egress for ordinary purposes shall take place through the wicket door- ways. The inner gate shall be provided with an eye-hole to enable the gate-keeper to see into the prison without the necessity of opening either the inner gate or wickets. The main gate shall be opened only under the supervision of an officer not below the rank of an Assistant Superintendent for permitting stores to come in and under the order of the Superintendent for all other purposes.

(8) Where the prisoners have to pass into or out of prison with double gates, the following procedure shall be followed by the gate keeper,—

(a) On passing prisoners out, the gate- keepers shall first let them through the wicket and having locked it, shall write in full in the register provided for purpose, the names of all the prisoners, and head warder/warder in charge and warder assisting them. He shall then open the wicket in the outer gate and count the prisoners as they pass out, to verify the total.

(b) The list of the gang having once been made in the gate register need not be written on each occasion of its passage through the main gate, but every change in the gang must be noted and attested by the signature or seal of the warder In- charge as well as by that of the gate- keeper, who shall at once report to the Deputy Superintendent of the circumstances.

(c) prison inmates returning to the entrance from outside, the gate-keeper shall open the wicket (the inner one being locked first) and admit the inmates to the passage between the gates. He shall then lock the outer wicket and call out the name of each prisoner as recorded in the register. Personal search is to be carried out of all the inmates between the gates. He shall open the inner wicket and count the prisoners as they pass into the prison to verify the total number.

(d) The gate-keeper shall not allow any prisoner to be taken out of the prison who is not in the charge of a guard of proper strength duly authorized to take him outside.

(9) The gate-keeper shall be responsible for the cleanliness of the front area of the main gate and the passage between the gates and all articles placed there under his charge. He shall also be responsible that torches and other articles required in case of a night alarm are present and are in a ser viceable condition.

(10) The gate-keepers shall be furnished with a list of all visitors and officials who are entitled to enter the prison and shall admit such person on their presenting themselves for admissions. He shall not admit anyone else except the officers of the prison who are authorized to enter, unless a written order from or when accompanied by the Superintendent or other senior officer.

(11) Gate keeper shall not let in any person without search unless directed so by the Superintendent.

(12) All prohibited articles surrendered or found on search shall be kept in safe custody and returned to the visitors unless the possession thereof is in contravention of any provisions of law.

(13) The gate-keeper may detain or cause to be detained in custody, any person who may, in his presence, sight or hearing, commit any crime or prison offence at or in the vicinity of the prison gate and make a report thereof to the Deputy Superintendent or Superintendent immediately.

(14) The keys of the gate and the wicket of the gate of every prison shall, except when it is necessary to hand over the same to his assistant for the purpose of lawfully passing any person or thing into or out of the prison, be retained by the gate-keeper in his personal possession.

(15) No Gatekeeper or officer, who is at any time entrusted with any key shall, under any circumstances or on any pretext whatsoever,—

(a) take any key belonging to a lock in use, for securing the custody of any prisoner, out of the prison;

(b) leave any such key lying about;

(c) deliver any such key to any person other than to an officer of the prison duly authorized to receive such key or to have the care or custody thereof;

(d) leave his post or duty or the prison without delivering such key to the officer duly authorized to receive the same from him;

(e) the key of any ward, cell, compartment, godown, main gate, or main gate wicket, shall not, under any circumstances or on any pretext, be at any time made over to any prisoner.

(16) In case, the prisoners are locked up for the night, a second padlock shall be locked on the wicket of the inner gate, and the gate- keeper shall then deliver the keys of the inner and outer gates to the Assistant Superintendent on duty for custody in the receptacle provided for the purpose in whose presence he shall make over the key of one of the locks of the inner wicket to the patrolling officer on duty inside the prison and the key of the other lock of the inner wicket, together with the key of the out wicket, to the gate sentry.

(17) A duplicate of the keys kept by the patrolling officer under the preceding rule shall be kept by the officer in charge of the gate picket or by the sentry where there is no picket at night to allow for a visit paid to the prison at night without the knowledge of the officers on duty within.

(18) The gate-keeper shall keep the keys of the main gates and wickets attached to his waist belt by a chain, and in a bunch with a few others, so that it may be difficult for any prisoner obtaining possession of the bunch, to ascertain what key belonged to any particular lock.

(19) A bright light shall be kept continuously light up between the gates at night, in case the light is not available sufficiently then the gate keeper shall report the matter to the officer on duty. Provision for emergency light connection shall be made by the Superintendent.

(20) The following equipment shall be provided by the Superintendent and ordinarily be kept by the gate keeper in the passage between the main gate and the rear gate,—

(a) spare locks,

(b) a weighing machine,

(c) a measuring instrument,

(d) spare fetters and handcuffs secured

on a bar with lock and key,

(e) a standing desk with lock and key, for the gatekeeper's books and writing materials,656 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (f) a wall-almirah or box for keys,

(g) a box for torches and other

accessories,

(h) an apparatus for extinguishing fire,

(i) notice boards,

(j) stock of register,

(k) a wall clock,

(l) Electronic equipments like X-ray

Scanner, DFMD,HHMD, etc.,

(m) foldable screen (for the purposes of

searches).

Prisoner Functionaries (Sewadar)

97. The Superintendent may utilize the services of convicts and undertrial prisoners in accordance with these rules, for efficient management of the prison, except the independent guarding of prisoners. The Superintendent shall appoint suitable, well- behaved, medically fit, disciplined and dedicated convicts and under trials as prisoner functionaries to help the prison staff in performance of various duties connected with smooth management of the various activities. The names of all such prisoner functionaries shall be maintained in a separate register.

Duties of prisoner functionaries

98. The prisoner functionaries may be

detailed on the following duties.—

(1) assist the prison staff in maintaining

discipline and daily routine,

(2) keep a watch inside the barrack or

compartment during night,

(3) assist in conducting activities pertaining to education, recreation, culture, meditation, canteen etc.,

(4) assisting the prison administration in teaching the vocation to co-prisoner and for helping in supervision of prisoners,

(5) assist in timely preparation and distribution of food in the prison kitchen, and

(6) assist in managing the different

panchayat activities.

(III) Medical Personnel

99. The Medical Personnel shall be directly responsible for the Medicare and health of prisoners. They shall also advise the maintenance of minimum standards of hygienic conditions in the prison premises. There shall be at least one Medical Officer for every 300 prisoners. In central prisons, there should be one doctor at all times. The specific duties of each of the medical personnel shall be assigned by the prison authorities in the following areas,—

(1) Preventive Service,— Examination of all inmates on admission and 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.

(2) 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, and treatment of substance-related and addictive disorders and psychological disorders.

(3) 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.

(IV) Welfare Unit

100. The welfare personnel should primarily be concerned with the wellbeing of657 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 prisoners, undertaking individualized care for those needing institutional adjustment and responsiveness through correctional programmes. There should be one Correctional Officer for every 200 hundred prisoners and one psychologist/counsellor for every 500 prisoners. The Additional Inspector General of Prisons shall be the Head of the Welfare Unit. The specific duties and welfare functionaries shall relate to the following areas,—

(1) Additional Inspector General of Prisons,— He shall be the officer in-charge of the welfare unit and all the officers in this unit shall be subordinate to him. He should directly report to the Inspector General of Prisons in the Prisons Headquarters.

(2) Welfare Officer,— 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 500 prisoners in a central prison and at least one for each district prison. The Welfare Officer shall have the following duties and responsibilities,—

(a) Counseling of newly-admitted

prisoners;

(b) To hear and address the grievances

of prison inmates;

(c) General welfare activities in prisons;

(d) Coordinating the work of the welfare

unit;

(e) Helping inmates in overcoming

problems of institutional adjustment;

(f) Assisting inmates in dealing with problems faced by their families and dependents;

(g) Connecting correctional needs of prisoners with the resources available within and outside the prison;

(h) Participating in the orientation, classification and reclassification programme;

(i) Facilitating understanding between

the inmate and administration;

(j) Assisting prison authorities in

maintaining prison security discipline;

(k) Participating in the prerelease programme and helping the inmates establish the contacts useful to him after release;

(l) Identif ying the resources for

rehabilitation of prisoners.

101. The Welfare Officer shall be a member of the Grievance Redressal Committee set up under Rule 1277 (vii) of the for the purpose of receiving grievances from prisoners for their redressal and shall,—

(1) assist the Superintendent in the educational, vocational and recreational activities undertaken in the prisons for the welfare of the prisoners,

(2) co-ordinate between official and non- official agencies for the rehabilitation, after care and follow-up of released inmates,

(3) enlist the support of non-governmental organizations in the conduct of general welfare activities in the prisons, and

(4) prepare any other work pertaining to the welfare and rehabilitation of prisoners assigned by the Superintendent from time to time.

Records to be maintained by the Welfare

Officer

102. The Welfare Officer shall maintain the following records,— (1) Statistical returns and periodical reports;

(2) Case sheets of welfare activities of

prisoners;

(3) Daily diary or Report Book;

(4) Correspondence with the Social Welfare Department and non-governmental organizations; and

(5) Any other record as may be instructed

by the Superintendent.

(c) Law Officer

103. The Law Officer shall function under the direction and control of the Additional Inspector General of Prisons. He shall be in-658 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 charge of the legal affairs of the prison administration. His duties shall be as follows,—

(1) to advise the Inspector General and Superintendents on all matters having legal bearing,

(2) to deal with all court matters relating to prison Headquarters and other prisons. Towards this end, he should coordinate with Government Counsels and shall remain in touch with the Government regarding appointment of Government Counsels in time,

(3) to ensure that cases pending before the

courts/tribunals are defended properly,

(4) to bring to the notice of the Inspector General and Government, any negligence on the part of Government Counsels in discharge of their duties,

(5) to assist the Inspector General in corresponding with the National Human Rights Commission and other authorities on matters having legal bearing,

(6) to coordinate the legal matters of different prisons and to render the Superintendents assistance in legal matters,

(7) to monitor the progress of all legal cases pending in the High Court and the Supreme Court and important matters in lower courts,

(8) to bring to the notice of the Inspector General and to circulate amongst Superintendents the extracts of all rulings having bearing on prison administration,

(9) to coordinate with Government Counsels so that all cases involving the prisons are properly defended by them before courts/tribunals,

(10) to ensure that all documents and

replies are filed in the courts in time,

(11) to appear before courts personally in

all important matters,

(12) to ensure that the Legal Aid Cell is functioning efficiently and there is sufficient availability of stationery, articles, books, computers etc. He should further ensure that the Legal Aid Cell are being regularly visited by the Legal Aid Advocates deployed by the Goa State Legal Services Authority and NGOs,

(13) to maintain a library of legal books,

law journals and important judgments,

(14) interpreting legal and procedural

rights of prisoners,

(15) preparing petition and appeals for

deserving cases,

(16) assisting prison authorities in holding special cour ts, lokadalat and videoconferencing,

(17) to advise prison administration in all matters having legal bearing including agreements, contacts, affidavits and court documents keeping prison authorities abreast with judicial pronouncements and directives on all prison matters, and

(18) any other duty assigned by the Inspector General of Prisons from time to time.

(d) Counselor

104. The duties to be performed by counselors shall be as follow.— (1) Dealing with emotional and psychological problems of inmates,

(2) Providing counseling to prisoners facing problems of adjustment within the prison and in relation to their families outside,

(3) Helping inmates develop their self- image, self-confidence, and motivation for correctional treatment,

(4) Helping the staff in understanding the

problems faced by the inmates,

(5) Aiding the psychiatrist in related

matters,

(e) Probation Officer

105. The Probation Officer shall look after all the matters relating to premature release including probation service under the supervision of Additional Inspector General of Prisons.

(V) Educational Personnel

106. There shall be one Education Officer who shall be not below the rank of the Assistant Director of Education Department. 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 shall perform their specific duties in the following areas,—

(1) Conducting diversified educational programmes for health, academics, social and moral education;

(2) Linking prison education with

mainstream education;

(3) Screening of newly admitted inmates for the determination of their educational aptitude, abilities and interests;

(4) Participation in Classification

Committee's work;

(5) Conducting literacy, socio-cultural and

spiritual development programme;

(6) Arranging tests and examinations; periodically assessing educational progress of inmates, changing educational programmes when necessary;

(7) Maintenance of a library with sufficient

reading material;

(8) Audio-visual facilities.

(Note: The post of the Education Officer may be filled on deputation from the Directorate of Education Goa).

(VI) Technical Personnel

107. 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 shall ensure proper maintenance of the prison infrastructure. Requisite staff may also be engaged for working and maintenance of prison management sof tware, documentation, digitization of records and other related work. The specific duties are indicated below:

(a) Instructors

108. The duties to be performed by

instructors shall be as follows,—

(1) Giving vocational aptitude test to inmates, interviewing and collecting data about inmates, vocational history, skills abilities and interests;

(2) Suggesting work and vocational

training programmes for inmates;

(3) Preparing plans for vocational training

projects;

(4) Imparting apprenticeship, on-the-job

and vocational training to inmates;

(5) Utilizing resources of service and

maintenance unit for training purposes;

(6) Arranging arts and handicrafts projects;

(7) Arranging vocational examinations for

inmates;

(8) Training of newly admitted prisoners;

(9) Maintaining progress reports about the

training of prisoners;

(10) Suggesting improvements in work

methods;

(11) Keeping the equipment and machines in the workshop in good working condition, custody and maintenance of shops and factories;

(12) Ensuring safety measures in

workshops and factory areas;

(13) Maintenance of discipline in the area under their charge, attending to emergency situations;

(14) Distribution of work to inmates;

(15) Maintaining muster rolls of inmates

working in various sections;

(16) Supplying inmates with production

tools and materials;

(17) Supervision over quality and quantity

of production;

(18) Maintaining work sheets;

(19) Measuring tasks and apportioning

wages;

(20) Indenting raw material from the store keeper, storing raw material in their charge, maintaining an account of raw material and manufactured ar ticles in their charge, dispatch of manufactured articles to the store keeper, monthly checking of stores under their charge and reporting the same to the authorities concerned; and

(21) Preparing work plans for worksheds under their control and forwarding them to the officer in charge.

(b) Maintenance Staff.— includes foremen, electricians, plumbers, masons, drivers and motor-mechanic.

109. The duties to be performed by

maintenance staff shall be as follows,—

(1) Maintenance and repairs of prison

buildings;

(2) Maintenance and service of machines,

tools and equipment and transport;

(3) Maintenance and service of electric lines, plumbing facilities, water supply plant and power plants;

(4) Periodical testing of emergency equipment like firefighting equipment and accident prevention measures.

(VII) Agricultural Personnel

110. 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 the Agricultural Personnel shall be as under,— (1) Dealing with all matters pertaining to agriculture, and horticulture;

(2) Distribution of agricultural work to prisoners, maintenance of muster rolls, assessing the work done and apportioning of wages;

(3) Planning of training projects, imparting training to inmates in improved methods and practices of agriculture and horticulture;

(4) Maintaining progress reports about the

training of inmates;

(5) Indenting of material from the Store Keeper; storing of material, maintaining an account of the equipment, material and produce, monthly stock taking preparing plans for agriculture and related work;

(6) Security and maintenance of tools and

equipments, livestock;

(7) Maintenance of discipline in area in their charge, daily inspection rounds, weekly night inspection of forms and attending to all emergency situations.

(VIII) Ministerial Staff

111. Ministerial staff shall be so organized as not to leave any scope for sharing their duties with prisoners. The duties of the members of ministerial staff shall be assigned by the Superintendent or senior officer as per the position he/she holds and the requirements,—

(1) Accountants/Cashier,— 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 stocktaking of all stores.

(2) Store Keeper,— In charge of all stores that is, grain, provision, supplies, raw material, accessories, manufactured articles, inmate equipment, personnel equipment, dead stock and miscellaneous stores.

General rules applicable to all classes of

prison staff:

112. The ser vices of all officers and employees of prisons shall be governed by661 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the Central Civil Services Rules applicable to the employees of the Government and the instructions issued thereunder, from time to time. The provisions contained in these Rules governing the conduct of the employees shall supplement the provisions of Central Civil Services rules applicable to the prisons staff.

113. All officers of the prison shall obey the directions of the Superintendent. All officers subordinate to Additional Superintendent shall perform duties as may be prescribed by the Additional Superintendent with the sanction of the Superintendent of Prison or as prescribed by these rules.

114. No officer of a prison shall sell, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.

115. No officer of a prison shall accept any gift from a prisoner or his relatives and friends or a person having dealing with prison administration.

116. No officer of a prison shall, nor shall any person in trust or employed by him, have any interest, direct or indirect, in any contract for the supply to the prison; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.

117. No officer of any prison other than Superintendent shall, at anytime, award any punishment to any prisoner, except in accordance with law and lawful orders of the Superintendent.

118. No officer of any prison shall, in the discharge of his duties, at any time use more force than is necessary for the purpose of enforcing law and carrying out his duties.

119. It is lawful to use all means necessary to affect an arrest and a prisoner has no right of private defense against prison officers acting in the discharge of their duties and every officer may use all force necessary to resist any force used by prisoners against lawful authority.

120. No officer shall, at any time, employ any prisoner on his own private work or for his own gain or profit; nor shall any such officer at any time employ any prisoner otherwise than for the profit and advantage of the Government and in strict accordance with the provisions of the Act and these rules relating to the employment of prisoners.

121. It shall be the duty of every officer to make an immediate report of any misconduct, act of willful disobedience or breach of the provisions of any law, rules or regulations for the time being in force on the part of any other officer or any prisoner, to his senior officer, which shall at any time come to his knowledge or be committed in his presence, sight or hearing.

122. No officer of a prison shall at any time enter any cell, barrack or other compartment, occupied by prisoners from the hour such ward, cell or compartment has been locked up for the night, till lock-out the following morning, unless he is accompanied by at least one other officer. Such entry can be made only in case of emergencies like sickness of the prisoner, fire, rioting or any other serious breach of rules by the prisoner.

123. It shall be the duty of every officer of a prison at all times to do all lawful acts which may be necessary, and to exercise utmost vigilance for the purpose of preventing any prisoner from breaking out of prison or escaping or attempting to break-out of prison or escape, or from creating or attempting to create any disturbance or riot or from doing or attempting to do any other violent or disorderly act.

124. Every officer of a prison is required

to,—

(1) take all possible lawful measures to prevent the commission of any prison offence,

(2) enforce provisions of the Prisons Act, 1894, and all rules, regulations, directions and orders for the time being in force in or in any way applicable to the prison, in regard to the conduct and discipline of the prisoners and the administration of the prison, and662 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (3) at the earliest opportunity, to report to the superior authority ever y breach or attempted breach or design to commit breach of any provision of any law, rule, regulation, direction or order for the time being in force, or in any way applicable to the prison or any prisoner confined therein.

125. The Government may provide such officers with arms and ammunition as deemed essential.

126. All arms and ammunition shall, when not in actual use, be securely kept in Armory. Every officer shall be given suitable training in the use of arms.

127. Provision of sub-section (3) of Section 197 of the Code of Criminal Procedure shall apply to all prison officials. These provisions shall also apply to the personnel of any force deployed in the prisons of the State of Goa, required to perform armed guard duties and all such officers immediately superior to them who are part of the chain of command of the staff employed on such armed guard duties in the prison of the State of Goa and who are required to be detailed for duty for ensuring proper safety of prisoners and maintenance of public order in and around the premises of the prisons of the State of Goa.

128. Matters concerning wearing of uniform and cleanliness,— (1) Every officer in respect of the office held by him, for whom any uniform is at any time prescribed, shall wear such uniform at all times when on duty.

(2) Every officer shall at all times and on

all occasions wear neat and clean uniform.

129. Combined action resorting to strike etc. amongst officials prohibited.— All officials are prohibited from taking any part in any joint or combined action resorting to strike, dharna, demonstration, wearing protest badges etc. with a view to agitate for the redressal of his grievance or supposed grievance, or for any other purpose whatsoever.

130. Prohibition against sleeping on duty and committing other irregularities.— No subordinate official shall at any time,—

(1) be in a state of intoxication; while on

duty,

(2) sleep while on duty,

(3) enter or permit any person to enter any enclosure, yard, ward, cell, compartment or other part of a prison reserved for or allotted to the use of or for occupation by any female, otherwise than at a time and manner prescribed in that regard by proper authority,

(4) commit, or permit or abet the commission of any irregularity in the supply or distribution of food, clothes, or other articles to, or amongst any prisoners,

(5) display cowardice while in the

discharge of any duty of his office,

(6) be guilty of any act of insubordination,

disobedience or breach of duty,

(7) malinger or render himself unable or unfit to discharge his duties or any of them, or

(8) report late for duty and leave before the prescribed hours of duty without reliever.

131. Every subordinate officer when on duty, except when ordered by a superior officer to go elsewhere, confine himself to the limits of his beat or place of duty. Idleness and lounging about the prison premises are, at all times, prohibited.

132. No subordinate officer shall at any time, while on duty, smoke or drink or in any way conduct himself in any unseemly or disorderly manner.

133. Any wrangling or dispute between prison officials is prohibited. Any disagreement between subordinate officers, as to any matter connected with their duties, must be at once referred to the Superintendent/Additional Superintendent/ /Deputy Superintendent.

134. It shall be the duty of all prison officers to pay special attention to the cleanliness and hygiene in the prison complex.

135. The provisions of section 42 of the Prisons Act, 1894 shall be read out and explained to every person appointed, whether temporarily or permanently, to be a subordinate officer in any prison at the time of his appointment, and such a person shall be required to affix his signature or mark to a written acknowledgment that the provisions of this law has been duly understood by him.

136. No person shall, without the previous sanction of the Inspector General, at any time, be employed as a subordinate officer in any prison in which any of his relatives is confined as a prisoner or employed as a subordinate officer.

137. No officer shall be on leave without prior approval of the competent authority. Officers subordinate to the Additional Superintendent shall not be absent from the prison without taking leave from the Superintendent or from the Additional Superintendent.

138. Absence caused by illness or other unavoidable causes,— Whenever any subordinate officer is at any time prevented by sudden illness or other unavoidable cause, from attending at prison or performing his duties, he shall forthwith give notice, or cause notice of the fact to be given, to the Superintendent/Additional Superintendent and shall also communicate to that officer the reasons for his absence or failure to perform his duties. The Superintendent/Additional Superintendent shall thereupon make such arrangements, as may be suitable and necessary, for the due performance of the duties of such officer.

139. No officer shall, at any time be permitted to receive any visitor within the prison walls.

140. Unless there is something inconsistent with anything contained in any rule relating to any officer or class of officers, or repugnant to the subject or context, the rules relating to subordinate officers generally herein-after following, shall be deemed to apply also to the medical personnel and other categories of staffs.

141. Rewards.— The Inspector General and Additional Inspector General may sanction rewards to the prison personnel or any other person for his/her outstanding contribution for the prison administration as under. For this purpose, adequate funds should be made in the annual budget of the prison department.

Sr. Sanctioning Type Description No. Authority

1. Inspector Commendation Cash reward General of Roll up to rupees Prisons twenty

thousand for actions of outstanding merit.

2. Additional Commendation Cash reward Inspector Certificate up to rupees General of ten thousand Prisons in each case, for actions of such special merit so as to deserve higher form of recognition

142. The rewards shall be only for specific meritorious actions. These should not be conferred in recognition of good performance in general like exceptional punctuality, acuteness duty etc.

143. Medals shall be awarded to prison officers or subordinate officers for performance of meritorious and distinguished service on the pattern prescribed by the Government for other uniform forces.

144. Leave to warders subject to limitation.— The leave granted to warders/ /matrons should be so arranged that not more than ten percent of their sanctioned strength is absent at any one time.

145. For the purpose of above rule, the warders/matrons may be called upon to declare the date on which they wish to avail themselves of leave, at least fifteen days before such date.

146. Stoppage of all leaves or recall from leave.— The Superintendent may stop all leave or recall any officer who has availed himself/herself of it (except when the leave has been granted on medical certificate) during prevalence of special circumstances in the prison requiring his presence.

147. Uniform of Officers.— The prison personnel shall be provided with uniform like police, free of charge or the amount sanctioned by the government from time to time in lieu of the uniform, at the following scale and each article of uniform shall be replaced on the expiry of the period indicated below:

Sr. Articles to be Quantity Life span of No. supplied items

1. Trousers-Khaki 2 2 years

2. Shirt Khaki 2 2 years

3. Socks 2 pairs 1 year

4. Rain coat 1 2 years

Note: The female staff may also wear khaki salwar

suit in place of Shirt/Trouser.

148. The pattern of the specific articles as per the posts shall be as follows:

Sr. Particulars of Deputy Superintendent Assistant Chief Head Head Warder/Head No. Item and above Superintendent Warder and Matron and Chief Head Matron Warder/Matron

1. Cap Beret Cap (Navy Blue)/ Peak Cap & Beret Cap (Navy Peak Cap &

/Peak Cap with Beret Cap Blue)/Peak Cap with Beret Cap Gabardine badges of (Khaki) Gabardine badges of (Khaki). silver metal to be silver metal to be worn in the center worn in the center of the band in front of the band in front

(Khaki).

2. Lanyard Whistle of the Police Whistle with Whistle with Whistle with pattern to be worn, Whistle Cord Whistle Cord Whistle Cord attached to a dark blue (Lanyard) (Lanyard) (Lanyard) round plated lanyard (Khaki) (Khaki) and carried in the chest pocket

3. Departmental On the sleeves applicable to all

Logo

4. Belt Brown Belt (leather) Brown Belt Black Belt (leather) Black Belt

with Steel Clasp with (leather) with with Brass/Steel (leather) with the letters 'G.P.' Steel Clasp Clasp with the Brass/Steel with the letters 'G.P.' and the Clasp with letters 'G.P.' word "Chief Head the letters Warder/Matron" and 'G.P.' and the their Permanent word "Head Number embossed Warder/Head thereon Matron" and

Warder/ /Matron with their Permanent Number embossed thereon.

5. Boot Brown Boots with laces Brown Boots Black Boots with Black Boots

with laces laces with laces.

149. Badges of rank shall be silver metal of police pattern. Officers shall wear the badges of their rank on the shoulder strap as under,—

(1) Inspector General of Prisons - Crossed

sword and State Emblem.

(2) Additional Inspector General - Crossed

sword and baton.

(3) Deputy Inspector General - The State

Emblem and three star.

(4) Superintendent - The State Emblem and

one star.

(5) Additional Superintendent - The State

Emblem.

(6) Deputy Superintendent - Three stars.

(7) Assistant Superintendent - Two stars.

(8) Chief Head Warder or Chief Head

Matron - One star.

(9) Head Warder or Head Matron - Three

Chevrons on Right Sleeve above elbow.

(10) Warder or Matron - Departmental logo (on the left sleeve) (black braid on red background).

Note 1:- Beret shall be worn by non-Sikh Warders

and khaki muslin cloth by Sikh Warders.

Note 2:- If the officer of the rank of Director General in IPS is posted to perform the functions of Inspector General of Prisons then he will wear the badges as per his rank.

150. New recruitee shall be provided following additional items at the time of initial joining the service when deputed for three months or more training,—

(1) Sports Shoes- 1 pair

(2) Sports Socks - 2 pairs

(3) Undergarments - 2 pairs

(4) Web Belt - 1 pair

(5) White Handkerchief - 2 pcs.

(6) Shoes for khaki drill - 1 pair

(7) Ground Sheet - 1 pc.

(8) Ammunition Shoe - 1 pair

Note: Woolen jersey and great coats shall not be issued to warders enlisted during 1st April to 1st September.

Conditions under which the free Issue of

Uniform etc. is made

151. Every article of uniform, including shoes, supplied free of cost by Government to any officer or amount reimbursed for the same, is Government property during the period for which it is issued and shall be duly accounted for during such period but shall be taken by the officer whenever he is be transferred. Each such article becomes, on the expiry of the period for which it was issued, the absolute property of the officer in whose possession it is at the time.

152. Arms and accoutrements, such as belt, badges, swordslings, bayonet-frogs, ammunition pouches, batons, etc. shall remain at the prison to which they were supplied; any officer losing or damaging any of these articles otherwise than by fair wear, shall be required to pay the cost of renewal or repair as the case may be.

153. Issue of uniform on enlistment or when otherwise due.—An issue of uniform shall be made to the officers at the time of their enlistment. All other items shall be provided as they become due. The date of issue of every articles of uniform shall be recorded in a kit book.

154. Washing and mending of uniform.— Each individual official shall be responsible for cleanliness and upkeep of all items of his uniform.

155. Uniform for other officials.— The Government may also specify the scale of uniform to be provided to the remaining categories of personnel of the staff namely Multi Tasking Staff, safaikaramchari, nursing orderly, driver, gardener, watchman, barber etc.

CHAPTER V

Custodial Management

Security and Custody

156. Following norms in respect of security and custody in prisons are given as under,—

(1) Security measures should be adopted in accordance with the specific requirements of each prison.

(2) Demarcation of an 'out-of bound' area as a sterile zone around ever y prison premises - Central Prison 150 meters, District Jails 100 meters, Special Sub-Prisons and Sub-Prisons 50 meters.

(3) Secure walls, building gates, barracks, cells, hospital areas and other places, daily inspection of the same and proper maintenance of prison buildings and premises.

(4) A system of good lighting inside and

around the prison.

(5) A system of thorough searches of all incoming and outgoing prisoners and articles vehicles. Daily searches and periodical surprise searches of all prison sections and equipment.

(6) A central-point monitoring for the

control of the movement of prisoners.

(7) A thorough system of the control of

prohibited articles.

(8) A thorough system of counting

prisoners.

(9) A system of custody and control and inspection of locks, keys, handcuffs and other security equipment, maintenance and service of all security equipment.

(10) A system of custody, control, inspection

and counting of tools equipment.

(11) A system of accident prevention and of meeting requirements during emergencies such as escapes, riots, assaults and fires.

(12) A system of fire arms control, quarter

guard, magazine and weaponry practice.

(13) Adequate guarding and security measures by adopting proper norms for staff and equipment, and periodical testing and inspection thereof, by executive personnel.

(14) Effective system of censoring prisoners'

mail and checking of interviews.

(15) Utilization of local intelligence branches wherever necessar y and maintaining an intelligence system to collect information within the prison.

(16) 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.

(17) Watch towers, wherever necessary, to watch inside and outside of the prison, to be constructed and searchlights and binoculars made available.

(18) Installing power fencing on the walls of prisons wherever necessary to prevent escapes, ensuring safety of the prisoners' lives.

(19) A system of thorough search for unear thing explosives and narcotic substances among prisoners.

(20) Effective wireless communication system and intercoms to be established within the prison and also from one prison to another.

(21) Constructing a second security wall in every prison, making the prison building as inaccessible area as possible to the general public, and also to avoid trespassing.

(22) A good road inside and outside the

main walls for better patrolling.

(23) A modern interview room with sound absorption to ensure smooth conversation and human dignity, without overlooking the security.

(24) Effective segregation of prisoners on

the basis of security requirements.

(25) Installation of high pitch sirens to alert prison staff, public and nearby police stations about any untoward happening.

(26) Untrained personnel not be posted inside the prison, prison premises, under any circumstances for guarding purposes.

(27) Electronic gadgetry may be used for

guarding purposes.

Guarding Establishment

157. There should be a guarding establish- ment in every prison, responsible for the guarding of prisoners, prison premises, gate and carrying out any other duties which may667 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 be assigned to them. The guarding establishment includes the warder performing their duties in rotation.

158. Every prisoner shall at all times, both by day and by night, be under the custody of some officer, in such a manner that responsibility for an escape/any lapse, resulting from negligence, can be definitely fixed. A record of the names of prisoners, hand over to each officer during the day, shall be kept in a register and any subsequent change shall be recorded therein under the authority and signatures of the officer not below the rank of a Head Warder, who, likewise, at every change of guard, shall be present to witness and verify the number of prisoners handed over to the relieving officer.

159. The Superintendent shall ensure safe custody of prisoners engaged in various activities pertaining to education, culture, de- addiction, meditation, gardening, cooking, canteen, library, interview (Mulakat), hospital etc.- The movement of prisoners in connection with the above mentioned activities shall be closely monitored, so that they do not indulge in any undesirable activity.

Quick Reaction Team

160. In all prison complex, there shall be a Quick Reaction Team strategically located each consisting of eight to twenty warders/ /constables/Guards, who have undergone commando training, with use of modern weapons and unarmed combat. Such Quick Reaction Team shall be under the charge of the Deputy Superintendent/Superintendent or officer of equivalent rank and should always be ready in the guard room to meet any emergency. The SOP on the Quick Reaction Team should be available in each prison.

161. The Quick Reaction Team should be divided into two groups used on alternate days to handle any emergency in the prison. This Team should be kept on alert with facilities for fast movement. The Quick Reaction Team should be used for its specified duties only. As far as possible, the Quick Reaction Team must be selected from young warders/constable/guards.

162. The Quick Reaction Team shall always be commanded by an officer during day and night. There shall be two officers in the rank of Deputy Superintendent/Additional Superintendent or officer of equivalent rank to look after the operations. Personnel in the Quick Reaction Team should carr y 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.

163. The Additional Inspector General of Prisons shall 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 shall carr y the authorized ammunition.

164. When one set of the guard is relieved, all arms & ammunition shall be handed over to the relieving guards. The Deputy Superintendent or officer of equivalent rank (Quick Reaction Team) in command shall be responsible for the correct handing over of arms and ammunition.

Police guards

165. The prison administration may also take the services of Police Force of the State or of any other State and/or paramilitary force on deputation or on terms decided by the competent authority for the guarding purposes.

166. In case it is necessar y to place prisoners in confinement in any place outside the walls of the prison, the Superintendent with the prior approval of the Inspector General may seek help of the police and request the Director General of Police to provide such police guard as may be necessary and the Director General of Police shall supply such guard, accordingly.

Action when any prison becomes

temporarily insecure

167. If, from any cause, any prison, at any time, becomes temporarily insecure, the Superintendent with the prior approval of the668 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Inspector General may seek help of the police and request the Director General of Police to provide such police guard, as he may think necessary, to provide for the safety of the prisoners until the prison is made secure.

Police help for safe custody of prisoners in

certain cases

168. For ensuring the safe custody of any prisoner or prisoners who are escape-prone, or on occasions when the influx of prisoners is large so as to endanger the existing security arrangements, the Superintendent may, with the prior approval of the Inspector General, seek help of the police and request the Director General of Police to provide armed, unarmed or special reserve police guard and police officers inside the prison, for being posted at such points and for such period as he may, from time to time, determine.

Armed Sentry

169. The watch towers and the main gate shall be guarded by armed sentries and other portions of the prison shall be guarded by warders/constables/guards without arms. The warder/constables/guards establishment shall supply sentries and guards to the internal and external posts. All these guards and sentries shall perform duties in rotation.

170. Armed sentries shall 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 shall be permitted to approach within 5 meters 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 shall report to the Patrolling Officer if anything suspicious or unusual comes to his knowledge. He shall give the required assurance that all is well each time the Patrolling Officer passes by.

171. The sentry on duty shall carry the required arms and ammunition, which should later be handed over to the relieving sentry/guard.

Relief and Supervision of Sentries

172. As a rule, sentries shall be relieved at the end of every two hours. During the day the Assistant Superintendent or officer of equivalent rank shall 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 should be appointed from among the Senior Head Warder or officer of equivalent rank. Each Patrolling Officer shall record the hour of his visits by appropriate means.

173. The following procedure shall be observed in guarding the prison and the prisoners confined therein,—

(1) The warder guard, shall, after due allowance has been made for leave, sickness transfer etc. be divided into three squads as equally as possible, which may be called A, B and C Squad. 'A' squad shall come on duty and be relieved by 'B' squad, and shall be relieved by the night guard i.e. 'C' Squad. The location of the night guard in the wards should be changed every two hours.

(2) The wards shall be opened in the morning and the prisoners counted out by the head warder in the presence of to be relieved and relieving warders who are to take charge of the prisoners during the first period of day duty. The Deputy Superintendent, Assistant Superintendent and Head Warders shall verif y the number, counted out of each ward, by comparison with the entry in the lock-up register, Superintendent shall also introduce biometric system or other technology for counting of prisoners in addition to the existing setup.

(3) The Superintendent shall deploy force on the inner and outer walls. He shall issue separate standing orders for this purpose.

(4) The Superintendent shall ensure that, on completion of morning meals, the prisoners669 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 are placed into groups and deploy them on work or assign chores inside the prison, under proper supervision. In case, prisoners are required to be taken outside the prison, for court production/hospitals, the Deputy Superintendent shall ensure adequate security of the Goa Armed Police.

(5) The warders coming on duty at the opening of the wards, in the morning, shall be relieved by the B squad which shall be brought into the prison by the Assistant Superintendent (Chakkar) who shall ensure that all the warders have taken over charge in the respective wards, where they have been deployed and shall make an entry in the Duty Book authenticating the proper joining of the warders at their duty point. They shall remain in charge till their relievers relieve them.

(6) When the head warder or warder and prison functionaries are posted to the several gangs in the morning, the names of the prisoners, composing each group, shall be called from the book in the presence of the officer, about to take charge, who shall verify the total number by counting them. The officer's name shall be then recorded in the gang book and his receipt taken. Every long- term and High Risk prisoners should be specially pointed out to the warder, about to take charge of him, so that proper watch is kept on him. At every change of guard, the number of prisoners in each gang shall be counted.

(7) On the cessation of work in the evening, the gangs shall be collected and the prisoners in each gang counted and verified.

(8) Every head warder or warder in charge of a gang shall keep a vigilant eye on the prisoners in his gang and shall not allow them to wander or go out of sight, on any pretext whatsoever. He shall be personally responsible for their safe custody throughout the entire period of his duty. Warders assisting Head Warder or Senior Warder in charge of a gang shall, similarly be responsible for the safe custody of the gang, but their responsibility shall in no way diminish or detract from the responsibility of the in- charge Head Warder or Senior Warder.

Evening count and lock-up

174. After completion of the day's activities, prisoners shall be brought to their respective wards for lock-up. The Deputy Superintendent, Assistant Superintendent and head warders shall then count the prisoners in their barracks, cells or other compartments. When all prisoners have been locked-up, the total number of prisoners shall be verified. The number of prisoners locked up in each ward or other buildings, as well as the total number of prisoners in the prison, shall be shown in the lock-up register, to which the Head Warder, Assistant Superintendent and Deputy Superintendent shall append their signatures in token of its correctness.

Duties of the night watch

175. During the night, every official on duty in prison shall not quit his beat or sit down. Head warder or senior warder, on patrolling duty, shall visit the places within his beat, frequently, and ensure that all warders on duty are alert, patrolling officer on a main wall shall go around the main wall and ensure that warders on duty are aler t and responsive.

176. The barracks shall be visited every hour, throughout the night, by a patrolling officer who should examine the locks, gratings and doors and satisfy himself that they are secure.

177. The main wall and other important places should be well lit during night. In addition to this, alternate arrangement, such as generator or electronic inverter lights be made available to provide sufficient instant light in case of failure of electricity.

178. Watch towers should be equipped with search/flood lights. These watch towers shall be manned by trained and experienced security staff equipped with suitable weapons prescribed by Superintendent in consultation with the Inspector General. The duties of these security staff should be frequently changed.

179. The Superintendent and Deputy Superintendent, deployed for night duty shall visit the prison during night to ensure that the staff performs the duty properly and submit a report of such visits to the Inspector General, in accordance with the instructions issued from time to time.

System of watch inside the wards at night

180. Every barrack, or compartment in which prisoners are confined, shall be patrolled inside by a prison functionary. A roster showing the names of prison functionaries shall be maintained.

181. The prison functionaries, whilst on duty, shall patrol their wards and prevent, as far as lies in their power, the commission of any breach of prison discipline and satisfy themselves, by frequent counting, that the prisoners are all present and intimate the fact to the outside patrol. In case of any unusual occurrence, he shall give immediate notice to the patrolling officer to take any action that may be necessary.

182. The wards shall be well lit within the barracks, cells, open spaces, and other structures so that patrolling officer can see and watch the movements within the prison premises.

183. Any unusual movement of the prisoners during night shall be reported by the prison functionary to the warder on duty.

184. In case it appears to the prison functionary that a prisoner is sick, he shall, at once, bring the fact to the notice of the warder on duty.

Duties of officer on patrolling duty at night:

185. The Head Warder or Senior Warder on patrol, at night, shall keep on the move, visiting the warders and prison functionaries on duty. He shall, on taking over charge, satisfy himself that the correct number of prisoners is reported to be in custody and that everything is secure. In cases of sickness, the warder on duty shall forthwith send notice to the Medical Officer and prison officers on duty, who shall, if necessary, take steps for the removal of the sick prisoner to hospital, under intimation to the Night Duty Superintendent/Deputy Superintendent. Should any irregularity on the part of the warders or prisoners come to his notice, he should report the matter in writing to the Superintendent, next morning. Immediate notice shall be given to the Superintendent/ /Deputy Superintendent of any occurrence requiring prompt action, such as an escape, attempt to escape, riot, fire or serious sickness. He shall see that the main-gate sentry is at his post between the gates and on the alert. Each patrolling officer shall record time and observations of each visit in the register maintained in the ward. He shall search all the warders/security staff, entering/ /leaving the prison during night, between the gates, under supervision of the duty officer. This search should be personally conducted, at least once a week, by the Superintendent/ /Deputy Superintendent.

Custody of prisoners

186. Every prisoner should be allotted a definite sleeping berth, the number of which should be noted in his histor y ticket. Wandering about the sleeping barracks, at any time, is strictly prohibited. If the prisoner leaves his sleeping berth frequently, without any purpose what-so-ever, the prison functionary on duty shall report the matter to the warder on duty who shall, if he considers necessary, inform his superior about the same.

187. Prisoners should not be allowed to

approach the gratings unnecessarily.

Letting out cooks to prepare early morning

meal

188. In case it is necessary to let out cooks before day-break, to prepare early morning meal, the patrolling officer shall, at the hour fixed, let out the necessary number and put them in charge of a warder, as may be directed.

Warders may be posted on the Central

Tower

189. In prisons where there is a central tower, security personnel may be posted671 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 round the clock, to act as a means of communication between the watch and the patrolling officer, and to sound an alarm in case of need.

Visits by officials at night; report to be

made

190. Superintendent/Deputy Superin- tendent deployed on night duty shall ordinarily visit all parts of the prison at night and see that the officers on duty are on the alert and moving on their beats and that the areas are well lit. The time of the visit should not be made known before hand. The date of the visit, the hour of entering and leaving the prison, and a repor t of any unusual occurrence that comes under observation, shall be recorded in a book which may be provided for the purpose, at the main gate. This book shall remain in the custody of the gate keeper during the day and the sentry in charge main gate. The gate keeper should produce it before the Superintendent on his arrival at the prison in the morning. The visiting night Superintendent and Deputy Superintendent shall submit the report of their inspection to the prison headquarters, as per proforma circulated from time to time.

Opening wards at night, precautions to be

taken

191. The wards should not generally be opened after the lock-up of the prison unless in the presence of Deputy Superintendent or Assistant Superintendent or Night Duty Officer and one other officer on duty and there are situation like riots, fire, serious violation of prison rules, removal of sick prisoner on the advice of medical officer only after examining the prisoner by the medical officer at barrack or cell etc. All precautions should be taken before opening the ward so that there is no escape or other mishap.

Morning and Evening Muster of Reserve

Guard

192. Before the prison is unlocked in the morning, the Quick Reaction Team and warders whose duties for the day have not been fixed shall be mustered under arms outside the main gate, and the Assistant Superintendent shall at once post the day sentries. The guard shall be drilled and afterwards shall remain under arms till the entire team is marched out and dismissed to the guardroom. The Quick Reaction Team shall again be underarms from the hour fixed for the cessation of work till the prisoners are locked up for the night.

Salute by Armed Guards

193. Guards and sentries shall necessarily salute to the persons mentioned in column (1) of the table below in the manner mentioned in column (2) thereof:—

Person Manner of Salute

(1)

(2)

Dignitaries including By presenting arms. Judicial Officers, Inspector General, Additional Inspector General, Senior Official Visitors and the Superintendent, Additional Superintendent

All other Gazetted By sloping arms and Officers, Non-Official placing the right Visitors and Deputy hand smartly on the Superintendent butt, fingers

extended.

Assistant Superintendent, By coming to in Social Workers, Welfare attention with Officer Ministerial staff ordered arms.

Explanation: The Guard Officer should always bring it to the notice of the Deputy Superintendent, any failure on the part of the sentry to comply with this rule.

194. As a Rule, the guard shall not be turned out under arms for saluting purposes after sunset.

General guarding duties

195. The general guarding should be undertaken by the warder establishment. They shall carry out the internal and external guarding of the prison, the supervision of the prisoners during labour hours as well as the work of guarding and maintaining security of wards, blocks, workshops, tools and plants672 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 and other government properties, posts and tower.

Guarding Requirements

196. The charter of functions of the

guarding staff shall be,—

(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 should send intimation to the officer in charge who shall make necessary arrangements.

(2) No sentry or guard while on duty shall take off his uniform- this does not apply while taking his meals or while resting.

(3) Guards and sentries shall 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 his 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 shall at once raise an alarm and shall also prevent damage to government property.

(6) All guarding personnel, being part of essential services, shall be deemed to be on duty round the clock and shall not to be allowed to leave the premises without permission of the competent authority.

(7) The Assistant Superintendent and Chief Head Warder shall maintain a daily report book in which they should record all important events and reports of disposals or incorporation to be shown for appropriate action.

Maintenance of Duty Roster

197. A duty roster should be maintained in each prison and institutions for young offenders. The authorised officer shall be responsible for the proper maintenance of this register. The register shall contain all the names of guards on duty with their hours of duty and their signature for having understood the duty hours. The register shall be sent to the Superintendent through proper channel every day for checking and getting his signature.

Roster of officers for duty beat at night

198. A roster showing the turns of day duty of each warder shall be prepared, every week in advance, by or under the orders of the Superintendent, and displayed. All subsequent changes of duty of officers on the roster should be noted thereon.

199. No officer should be placed on the same beat two nights in succession, nor informed of his beat till he is about to be posted. A record shall be kept showing the officer put to each beat during each watch.

200. 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 should 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.

Custody of arms

201. The concerned Assistant Superin- tendent shall be responsible to make sure that arms are never left within the reach of prisoners. All necessary arms when not in use shall be kept in the guardroom. The approach to the guard room shall be from outside the main gate.

Custody of articles facilitating escape

202. The Deputy Superintendent, Assistant Superintendent, and Guards shall be responsible to ensure that no ladders, planks, bamboos and ropes, which are likely to facilitate escape, are left lying about. If such materials are to be taken inside for use, these should be properly escorted and should be sent out of the prison after use. Every warder673 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 in charge of a workshop shall be responsible to see that all such articles are properly secured and put away when work ceases and give a certificate to that effect in the lockup register.

Use of weapons against prisoners

203. Any officer, or member of the guarding staff, of a prison may use bayonet, or any other weapon, against any prisoner when he is found to be,—

(1) escaping or attempting to escape if the officer or member of the guarding staff has reasonable ground to believe that he cannot otherwise prevent the escape.

(2) engaged in any outbreak or attempt to force or break open the outer gate or enclosure wall of the prison individually or collectively, provided that he may use the weapon only if such an outbreak or attempt continues.

(3) using violence against officers of the prison or other persons, provided that there is reasonable ground to believe that the officer of the prison or any other person is in danger of loss of life or limb or that serious injury is likely to be caused to such officer/person.

204. Before using firearms against prisoner, the officer, or the member of the guarding staff, shall give a loud and clear warning to the prisoner that he is about to fire on him.

205. No officer of the prison shall use arms of any sort against a prisoner in the presence of his superior officer, except under the orders of such a superior officer, or if it is in self defence.

206. In all cases requiring the use of force only minimum force, in the given circumstance, should be used.

Transport of arms and ammunition

207. All consignments of arms and ammunition sent by any means of transport shall be put in sealed boxes and escorted by an appropriate armed guard. It shall be the duty of the escort to guard the arms and ammunition against any contingency.

208. When the arms of the Prison Department are to be dispatched to stations outside the State for repairs, the same shall be entrusted to the Police Department. A police party shall escort these arms along with the arms of the Police Department, if any. When there are no arms of the Police Department to be escorted and a police party has to be provided exclusively for escorting the arms of the Prison Department, the expenditure incurred in connection with the journey of the escort shall be borne by the Prison Department.

Security of locks and bars

209. All locks and bars and other fastenings must be regularly checked by the warder in charge and a report to the effect must be given to the Assistant/Deputy Superintendent.

210. All duplicate keys for the locks must be kept in a sealed box under the custody of the concerned Deputy Superintendent. No keys should be left behind unaccounted for and no prisoner should have any access to the prison keys. All the block keys when not in use must be kept in an almirah or key box at the gate or at the tower in the custody of the gate keeper or Chief Head Warder (Tower), as the case may be.

211. On the completion of the lock-up, the keys of wards, cells and other compartments, where prisoners are confined, shall be collected and counted in the presence of the Assistant Superintendent in-charge Chakkar and Deputy Superintendent who shall note the number in the lock-up register. The Assistant Superintendent in-charge Chakkar shall then lock the keys into the receptacle provided for the purpose at the main gate and make over the key of such receptacle to the patrolling officer. Each patrolling officer shall in turn, makeover the key to the Deputy Superintendent on his entering the prison in the morning. The keys of the cook-house and of the wards, in which the cooks for night duty are confined, shall also be placed in the charge of the patrolling officer.

212. The locks of the doors of all sleeping wards and cells shall be so arranged that no prisoner can reach them from the inside.

213. Every prison should be equipped with a generator with an automatic switch so that if power fails, the generator automatically switches on and all security gadgets should function without any interruption.

Dynamic security

214. Prisons should be run on the basis of dynamic security. Dynamic security depends on the use of alternative methods for which interaction with prisoners should be a prerequisite to make them aware of what is going on and to ensure them that they are being kept in safe and humane environment. It is not only means of preventing escape but also maintaining constructive relations with prisoners. The staff should also be made to understand that security not merely implies guarding the walls and fence and electronic surveillance, but also action engendering a sense of protection and mutual trust.

Admission of prisoners

215. No person shall be admitted in a prison as a prisoner unless accompanied by a Writ, Warrant, Order, Medico legal case, age memo in the prescribed form, signed, dated and sealed by the competent authority. There shall be a separate writ, warrant or order for every prisoner, even if two or more prisoners have been jointly charged. After admission, the prisoner shall be immediately medically examined as provided in Chapter VII of Medical Care.

216. In case a prisoner is sent for custody under Chapter-VIII of the Code of Criminal Procedure, 1973 by the Executive Magistrate, the Officer in charge of the prison shall not accept the prisoner if the grounds for detention are not accompanied with the warrant.

217. Before admitting a prisoner, the Assistant/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. In the event of the prisoner refusing to answer the Assistant/Deputy Superintendent, or denying the accuracy or the particulars entered in the warrant, the officer on duty shall request the officer in charge of the police or Military escort to identify the prisoner on the basis of information at his disposal as the person named in the warrant. At the time of entry/ /admission of a new prisoner, the gate keeper shall properly check that all cases in which the prisoner is charged are properly declared by the escort party and in-charge of the escort party shall sign the details.

Admission of prisoner at night

218. No prisoner shall be admitted into any prison after lock-up and before lock-out. However, in emergent cases, the prisoner may be admitted with the approval of Inspector General of Prisons.

219. The restrictions provided in the above rule shall not apply in case of women prisoners and detenues, who shall be admitted in prisons at whatever time presented for admission by the police at all hours and on all days.

220. The Superintendent may admit any prisoner at all hours on the special written order of the committal Court.

221. The male undertrial prisoner who has been reported by the police on warrants by a 'red ink' entry that the said prisoner is required to be identified in an identification parade, he shall be admitted in prisons at all hours on all days including Sundays and prison holidays.

Description of prisoners

222. At the time of admission of a prisoner, the Deputy Superintendent shall ascertain from the prisoner that his name and other particulars correspond with those entered in the warrant.

223. The Deputy Superintendent shall record the full personal description of every prisoner with a note of any special marks on675 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 his person, in the admission register, for the purpose of verification.

224. The records of the prisoner should be fully computerized to store personal data and case details of the inmates with his photograph. The thumb impression of the inmates should also be stored in the system by using bio-metric finger identification system or other device to identify the correct inmate for court production and release.

225. Subject to provisions of the Identification of Prisoner's Act or any other law, photographs of all prisoners shall be taken on admission.

226. No photograph shall be taken of a prisoner required to undergo identification parade until the parade is over.

Explanation: "Personal description" includes finger print, foot print, palm print, face recognition, Iris recognition, retinal recognition, voice recognition, laughter recognition, age recognition, gait recognition and photographs or any other parameter as may be specified by the order of Inspector General of Prisons.

Prisoner having defective warrant

227. In case, the accused is brought to the prison for admission, however, his particulars mentioned in the warrant do not match with the particulars apprised by the accused himself or incase of doubt about the particulars mentioned in the warrant, then the Superintendent shall cause the word "Unidentified" to be entered prominently in 'red ink' on the prisoner's history ticket, warrant, and in the admission register. The photograph of such a prisoner should not be entered in the personal description of the prisoner Management System till the time identification proceedings are over.

Management and custody of warrant

228. The date of a prisoner's admission into prison and the register number given to him, shall be endorsed on his warrant and signed by the Deputy Superintendent.

229. In respect of convicts, prisoners' warrants should 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. Warrants should be kept in a locked drawer or almirah of which the Assistant/Deputy Superintendent shall keep the key. Copies of judgments, orders of appellate courts and orders of government, disposing of prisoners' 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.

230. The prison authorities should constantly update their records and in line with any change in the details mentioned in the custody warrant of undertrial prisoner.

231. The prison authorities shall also inform the undertrial prisoner and the concerned Court when the undertrial prisoner becomes entitled to receive benefit of Section 436A of the Code. The prison authorities must inform the undertrial prisoner of any change in the section(s) he is charged with by the Court.

232. In respect of undertrials, the warrants shall be arranged according to the date of production in the court. For this purpose a separate register shall be maintained.

233. It shall be the duty of Deputy Superintendent to ensure that every prisoner is produced on the date and time given on the custody/production warrant. If for some specified reasons, he is unable to produce the prisoner before the court, it should be immediately brought to the notice of the concerned court through wireless message/ /special messenger so that next date of production is obtained.

234. In cases for which production warrants have been received from outside Goa Courts, the prisoner shall be produced before outside Goa Courts, if the court dates at Goa do not suffer.

235. A Prisoners' Handbook containing rights and duties of the prisoners as provided in Appendix–I shall be handed to the prisoner upon admission.

Procedure if a warrant is illegal or irregular

236. If, in any case, the Superintendent has a doubt as to the legality of any warrant or order of commitment received by him along with any prisoner admitted to the prison, or as to the competency of the person whose official seal and signatures are affixed thereto, to pass the sentence and issue such warrant or order, he shall refer the matter to the concerned court for further advice as to the future disposal of the prisoner. The Superintendent shall detain the prisoner till an advice is received on the reference, treating as if the warrant or order was correct.

237. If any error or omission, which in the opinion of the Superintendent, due to mere oversight or mistake, is found in any warrant or order of commitment, or if the sentence or order passed though with the competency of the court or authority which passed it, is in any way defective in form or otherwise irregular, he may receive the prisoner subject to reference to such court or authority, as the case may be, for orders.

238. If on admission, any prisoner discloses par ticulars not resembling with the par ticulars mentioned on the custody warrant, the superintendent immediately shall make a reference to the concerned court for further direction.

Examination of warrant

239. All warrants shall be examined to ascertain whether these conform to the Code of Criminal Procedure, 1973 and the Orders of the Supreme Court of India.

Note 1: A warrant ordering imprisonment without specifying whether it is simple or rigorous imprisonment, or an undated, unsigned or unsealed warrant shall be returned for correction.

Note 2: The amount of solitary confinement ordered on a warrant is dependent on the term of sentence and should not be more than what is allowed under Section 73 of the Indian Penal Code, 1860.

Note 3: The Superintendent of a prison is justified in refusing to receive or detain a prisoner in prisons on a warrant to which a signature is not affixed with a stamp.

Note 4: All warrants should be signed in full (not initials) by the judge or magistrate who issues it and should have the seal of the court.

Note 5: In the case of persons, on whom separate sentences are passed, care should be taken to state the dates from which each sentence is to have effect in the warrant of commitment.

Note 6: In the case of undertrial prisoners, the warrant of commitment for intermediate custody should be prepared with the greatest care possible with reference to the above instructions.

Note 7: The Superintendent of a prison should not refuse to admit a person where the above instructions have not been carried out, but he should draw the immediate attention of the magistrate concerned to the defect, and ask for its rectification at once. He should also send a copy of his letter to the magistrate of the district for his information.

Note 8: Warrants for the release or remission of sentences of prisoners confined in prison and for the release of prisoners on bail and intimations of payment of fines sent to prison authorities should always be prepared in the vernacular of the officer issuing the order and should be signed in full by such an officer and sealed with the seal of his court. They should be sent to the prison authorities through an official messenger of the court or through the agency of the post and not through the friends or relatives of prisoners.

Note 9: There should be a separate warrant or notice for every prisoner even if two or more prisoners have been jointly charged or convicted.

Procedure when representations are not

attended to

240. The Superintendent shall in any case in which his representation shave not been attended to by the Court addressed, shall depute a responsible officer before the court for obtaining the clarification.

Copy of warrant returned for correction to

be kept

241. When a warrant is returned for correction, a copy shall be retained in the appropriate compartment of the warrant677 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 almirah until the original is returned. Blank forms of warrants shall be kept for this purpose.

Date of release, responsibility for correct-

ness

242. The date on which a prisoner is entitled to be released shall be calculated by the Deputy Superintendent and an entry made in the release register mentioning the date, name and serial number etc., of the prisoner.

243. In case, the date of release is changed either by the imposition of additional imprisonment or by remission of any part of the sentence, or by absence on bail or after escape, a new date of release shall be fixed and an entry made under that date in the Release Register. The old entry should be scored out with 'red ink' and a reference made against it to the new date fixed.

244. Deputy Superintendent shall himself check each entry in the release register and admission register and shall be personally responsible for their correctness.

245. The warrant of a convicted prisoner should be returned back to the concerned cour t mentioning the manner in which sentence has been undergone by a convict in pursuance of the direction of the court.

246. The personal bond of every undertrial prisoner shall be sent back to the concerned court after its execution.

Search of prisoners on admission

247. Prisoners shall be thoroughly searched by a prison official including using electric equipment like body scanners etc. Female prisoners shall be searched by female staff. Prisoners shall be searched in their yard or respective cell and not in the presence of other prisoners. Searches of prisoners shall be made, with due regard to decency and with reasonable privacy. No strip searches of prisoners shall be conducted unless permitted by the Superintendent of Prisons to prevent smuggling of prohibited articles in body cavities etc.

Removal of articles from prisoners

248. During the search, every ar ticle, whether clothing, bedding, jewellery, money documents or otherwise, shall be taken away from the prisoners to whom prison clothing and bedding shall 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 shall be permitted by Inspector General of Prisons.

Prisoner's Property

249. A list of money, clothing, or other property, received from each prisoner at the time of admission to prison, shall be entered at appropriate place in their respective property account register as specified in Appendix-2, Appendix-3 and Appendix-4, as the case may be.

250. All additions, deletions, or alterations to the list of any prisoner's property shall be authenticated by Deputy Superintendent and initialed by Superintendent.

List of property to be read over and every

entry to be attested

251. As soon as possible, a list of all properties, of whatever description, which were removed from his person, or received with such prisoner at the time of his admission, shall be read over to him in the presence of the Deputy Superintendent after his admission to prison.

252. If the prisoner acknowledges the correctness of the list the fact that he does so, and if the prisoner makes any objection of any entry in or to the omission of any article from the list, the nature of the objection, shall be noted on the list and the objection shall be brought to the notice of Superintendent.

253. If the prisoner is literate, he shall be required to sign the list in token of the correctness thereof and of the objections, if any, noted thereon.

254. The Deputy Superintendent shall attest every entry in the list by initialing the same.

255. A receipt of all the property received from the prisoner, shall be issued to the prisoner.

256. If such property is made over, by an official receiving it, to another official, the receipt of the latter official shall be taken in the respective register, as the case may be, and all such proper ty shall, with the exception of clothing, be kept in charge of the Deputy Superintendent.

Property to be received, when exception

may be made

257. All property received with or found on the person of a prisoner, on his admission to prison, or subsequently sent by the Magistrate on his account, shall be received by the Deputy Superintendent.

258. A reasonable amount may be deposited by friends or relatives of any prisoner, with the Superintendent, for meeting expenditure in connection with engaging counsels for court proceedings of a prisoner, or to enable him to travel, on his release from the place of his detention, to his home place, or for purchase of articles from the canteen, as permitted by the prison authorities.

259. Property tendered by the friends or relatives of any prisoner, on his behalf, either at the time of such prisoner's admission or subsequently, may be received by the Deputy Superintendent or can be refused in the discretion of the Superintendent.

Property received after admission to be

entered in the list

260. If any property is, after the admission of any prisoner is received by the Superintendent on his behalf, such property shall be entered in the list of property belonging to such prisoner.

261. If the prisoner wants to withdraw money from his account an application shall be obtained from him and after sanctioning by the Superintendent, money shall be handed over to him under proper receipt.

262. The prisoner property account shall be duly verified by the Deputy Superintendent and Superintendent in token of correctness of the entry.

263. The Inspector General may quantify the limit of prisoner property from time to time, permitted to be kept in the prisoner's property account.

Treatment of the property of the prisoners

264. The prisoners' property shall be dealt

with as under, namely,—

(1) If any article of clothing or bedding or the like, belonging to any prisoner, is, in the opinion of the Deputy Superintendent, in such a damaged or filthy state as not to be worth keeping, he shall cause such articles to be forthwith destroyed and an entry to that effect to be made in the list of the property of such person and shall attest the note so made.

(2) The property of every prisoner, which is not permitted inside the prison shall be carefully packed, stored and kept.

(3) The jewelry, trinkets, securities and other valuables, if any, of every prisoner, shall be placed in separate packets and the prisoner's register number, name and the date of admission or sentence shall be endorsed thereon as specified in Appendix-5. Every such packet shall be kept in the prison cash-chest.

(4) Money, which is the property of the prisoners (including the sale proceeds of any article sold), shall, subject to any directions which the Inspector General may, from time to time, give in that behalf, be kept in the prison cash-chest or shall be deposited in his Bank Account.

(5) Every prisoner shall be allowed to retain one pair of shoes and sleepers, three pairs of under-garments and three pairs of private clothing, for use in the prison.

(6) In cash-chest the limit of prisoner property in cash shall be fixed by Inspector General from time to time and rest of the amount should be kept in a nationalized bank.

Management of money and property of

prisoner

265. The cash property of the prisoner to be made over to him on release, or which, for other reasons, is disposed of, shall, during any month, be paid by the Deputy Superintendent from the cash property of prisoners received during the same month. The cash shall be released to the prisoner only on an application made by him and underwritten orders of the Superintendent or Deputy Superintendent, if Superintendent is not available in the prison.

266. The receipt and disposal of all money, belonging to prisoners, shall be entered by the Deputy Superintendent in the cashbook and, when articles belonging to prisoners have been sold, the amount realized by the sale shall also be entered on the memorandum of property, attached to each prisoner's warrant, with the date of entry.

267. The Superintendent shall satisf y himself that the amount of cash deposited in the prison's cash chest or bank, to the credit of prisoners, corresponds with the amount shown in the Deputy Superintendent's cash book, under the same head.

268. An internal audit shall be carried out half-yearly to verify the cash transactions pertaining to the prisoners' property account.

Management of property on transfer of a

prisoner

269. On the transfer of a prisoner from one prison to another, all his money and other property shall be forwarded to the prison to which he is transferred, under proper receipt.

Property tendered for certain prisoners not

to be received

270. The property tendered at the prison on behalf of a prisoner already transferred to another prison, shall not be accepted. The person tendering the proper ty shall be informed of the prison to which the prisoner has been transferred, so that he may send the property to him there.

Property may be made over to a relative or

friend

271. The Superintendent may, at the request or with the consent of any prisoner, in writing, at any time, make over the whole or any part of the money or other property belonging to such prisoner, which maybe in the custody of the Superintendent, to any person (not being a prisoner), whom such prisoner may specify, under proper receipt:

Provided that the Superintendent may withhold and retain so much of the money or other property of such prisoner as he may think necessary for the purpose of providing such prisoner with sufficient clothes and money, upon his release.

Disposal of forbidden articles found on

prisoners

272. Any prohibited articles found on any prisoner, after his admission into any prison, shall be confiscated and forfeited under an order of the Superintendent in Appendix–6 and all money realized from the sale of any article, so confiscated, shall be credited to the Government under proper Head.

Provided that the Superintendent may, with the approval of Additional Inspector General, award any sum, not exceeding one half of any money or of the sale proceeds of any property, so confiscated, to any person instrumental in the finding or discovery thereof.

Disposal of property of an escaped prisoner

273. The money and property of every prisoner, who escaped, shall be retained at the prison for one year after his escape. If the prisoner is not recaptured within that period, his money and other property, if any, shall be credited to the Government under proper Head.

Property of deceased prisoner

274. The money and other property of deceased prisoner shall, unless claimed by a person holding a succession certificate or probate etc. entitling him to receive it, be credited to the Government under proper Head after one year of his death.

Procedure when forwarding property of a

dying prisoner

275. Any wish expressed by a dying prisoner, as to the disposal of his property, shall be made known to the police to whom the property shall be handed over along with a descriptive roll of the deceased prisoner and a certified copy of the record of such property.

276. A receipt shall be obtained for all

property made over to the police.

Prisoners to wash themselves and their

clothing

277. On admission to prison every prisoner shall be required to wash his person and his clothing thoroughly. If an epidemic disease exists in the neighborhood 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.

Reception ward

278. Prisoners on first admission to prison should 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,—

(1) haircut and shave, issue of toiletries and

disinfecting lotion;

(2) disinfection and storing of prisoners'

personal clothes and other personal items;

(3) issue of disinfected prison clothing,

bedding and utensils;

(4) issue of authorized personal belongings;

(5) housing gas per the principles of basic

segregation;

(6) a thorough medical examination within

24 hours;

(7) attending to immediate and urgent needs of prisoners, like letters, interviews, family welfare, immediate personal problems, etc.;

(8) verification by the Deputy Superin- tendent/Assistant Superintendent in charge of admission of committal papers, identification marks, entries in registers, prisoners' cash property, appeal and other legal matters, etc.;

(9) fingerprinting and photograph as per rules and capturing of biometric coordinates;

(10) identification of prisons suffering from

substance related and addictive disorder.

Orientation

279. Every newly admitted prisoner shall be subjected to a program of orientation so as to inform him about the rules and regulations. His rights and duties as a prisoner shall be clearly displayed in Hindi, English, Konkani and Marathi language, 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.

Preparation and maintenance of history

tickets

280. Immediately on reception of a prisoner into prison, a history ticket 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 shall also be entered in the digital database of the prison.

281. There shall be a history ticket maintained for every inmate as specified (in Appendix-7). Every history ticket shall inter- alia contain the following particulars,— (1) The name, prisoner number and other particulars necessary for the identification of the prisoner;

(2) A brief entry of every order passed and direction given relating to, and punishment inflicted on, the prisoner;

(3) A brief record of every other occurrence of any importance, affecting the prisoner, which takes place while he remains in confinement.

(4) The nature of the offence of which he has been convicted and the provision of the law applicable thereto.

(5) The date, nature and extent of the

sentence passed.

282. 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.

283. Subject to the requirements of the rule, the Inspector General may, from time to time, get history tickets made.

284. A duplicate history ticket shall be issued when original history ticket is lost. The new history ticket shall be marked duplicate and signed by competent authority. The ticket shall be reconstructed by registering all previous entries.

Recording of entries by Medical Officer

285. In the heading of the history ticket of every prisoner, the Medical Officer shall enter, or have entered under his supervision the following,—

(1) The prisoner's weight on admission.

(2) His state of health.

(3) The class of labour for which he is fit, if

sentenced to labour.

(4) Whether he has been protected by

vaccination/inoculation for smallpox.

[Note: Such relevant details shall also be recorded

at the time of release of prisoner]

286.The Medical Officer shall maintain a Medical Case Sheet as specified (in Appendix- 8) to record the following details pertaining to the day-to-day medical condition and treatment provided to prisoners in the prison hospital,—

(1) Details of the vaccination given and the

result.

(2) Admission to and discharge from hospital on every occasion, with the disease for which admitted.

(3) Admission to and discharge from the

convalescent group.

(4) Any complaint made by the prisoner of

sickness or report of his sickness.

(5) The action taken on any direction or recommendation of the Medical Officer or Medical Subordinate.

(6) The fortnightly or weekly measurement

of weight.

287. The Medical Officer shall himself enter such other directions or recommendations, as he may from time to time consider necessary, for maintenance of the health of the prisoner.

Particulars to be entered and the officers

to enter them

288. On the history ticket of every prisoner,

the following entries may be recorded,—

(1) The date of admission into prison.

(2) The number and name of every article of clothing and equipment issued on admission and later.

(3) The particular work and task in weight, number or measurement, to which the prisoner is put.

(4) Ever y change of work or task for

reasons other than medical.

(5) Application for a copy of judgement, if

the prisoner desires to appeal.

(6) Receipt of the copy of judgement.

(7) Dispatch of appeal.

(8) Substance of the order of the appellate

court.

(9) The fact of an appeal not having been made before the expiration of the term allowed for appealing.

(10) The amount of remission awarded

quarterly.

(11) The total remission in days earned up

to the end of each quarter.

(12) Every prison-offence alleged to have

been committed.

(13) Every interview allowed and the

receipt or dispatch of private letters.

(14) Dispatch to a cour t, or transfer,

discharge, escape or death.

(15) Any recommendation of the Factory

Manager or the Deputy Superintendent.

(16) Action taken on any order entered by

the Superintendent.

(17) The number of cells in which placed

on account of warrant confinement.

(18) The total confinement undergone on

warrant on each occasion of removal, etc.

289. Entries relating to point (1), (2), (5), (6), (7), (8), (9), (10), (12), (13), (14), (17), (18) above may be entered by the Assistant Superintendent. Entries relating to point (11) may be entered by the Assistant Superintendent or any other officer authorized to award remission, and point (3) by the Medical Subordinate or by an Assistant Superintendent if deputed to assist him. Entries relating to point (15) shall be entered by the Factory Manager, when there is not an officer of this grade, it shall be entered by the Deputy Superintendent, but in large jails a portion of the duty may, under the orders of the Superintendent, be performed by the Assistant Superintendent. The duty of making entries regarding point (4) and (16) shall not be delegated to any officer subordinate to the Deputy Superintendent.

290. Entries to be made by the Superintendent: On the history ticket of every convict, the Superintendent shall record,—

(1) Any special order he may have to give related to any prisoner, e.g. the imposition or removal of fetters, permission to hold an interview or write a letter, separation by night.

(2) The award of every punishment.

(3) Sanction for employment on extra -

mural work.

(4) Promotion to the grade of Convict- watchman, Convict-overseer or Convict warder.

(5) The award of special remission.

Custody and management of history

tickets:

291. The history ticket of each prisoner shall be kept in safe custody of the in-charge prison officer, and shall be produced by him whenever required by senior officers. The history ticket shall accompany the prisoner whenever he is transferred from one group to another or from one kind of work to another or is sent to a hospital. 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.

Note 1: Every undertrial and civil prisoner may be allowed to retain possession of his history ticket.

Note 2: At weekly inspections, the tickets should be issued just before and removed immediately after the inspection of the Superintendent.

Retention of history ticket after release or

death:

292. The history ticket of every prisoner

shall be retained in safe custody,—

(1) in the event of his escape, for one year,

(2) the event of his release, for one year,

(3) in the event of his death, for two years

after it occurs, and

(4) in the event of release on bail, for a

year after the result of appeal is known.

Admission Register

293. There shall be an admission register for all prisoners admitted to the prison. Where possible, this register should be maintained in electronic form. The admission register shall contain description of the prisoners in terms of name, parentage, home address, legal status, date of admission and committal courts etc. This register shall be maintained by Assistant Superintendent or equivalent in the form as specified (in Appendix-9 and Appendix-10). The entries in this register should be numbered serially.

Personal Information System

294. The use of advanced technology/ /software systems in the form of Personal Information System (PIS) shall be done for recording personal details of inmates including for maintaining a record their personal belongings and property.

295. The Prison Department should endeavor to set up an information system that shall make the information of each prisoners including the nominal roll and history ticket, available from prison to the Home Department, while also providing the SHO of all police stations a method of updating the address verification and antecedents report of every prisoner on the same systems to be available to the Home Department of the Government.

Use of register number

296. The register number thus given shall 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 should be marked with his number, and in all official communications the number shall 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 shall be called by his name and not by his number in the register.

Record of date of release, etc.

297. In the case of convicts, the date on which the sentence will expire should be entered in the convict register as specified in Appendix-9. If the convicts are under sentence for less than three months, an entry of his number should be made in the release diary as specified in Appendix-11 to be released under that date, but if the sentence is for three months or more, the date of expiry should be entered on his remission register/ /sheet as specified in Appendix-12. At the same time, the prisoners' register number, name, sentence, date of sentence and date of release should be endorsed on his warrant and the endorsement should be signed by the Competent Officer 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 should both be included in the endorsement on the warrant, in the convict register, release diary and remission sheet/register.

Medical examination of prisoners

298. The weight of prisoners on admission should 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 should be weighed by the medical subordinate on duty during admission if possible and in any case not later than the following morning. Their weight should be noted at the time in a book kept at the main gate, to be subsequently verified by the Medical Officer when their examination takes place. The Medical Officer shall carefully examine the prisoner and shall himself record the findings in the form as specified in Appendix-13 for health screening on admission. The Medical Officer shall also super vise the entr y of the prisoners' identification marks, which may be noted by the Medical Subordinate. Medical Examination of prisoners shall be made with due regard to decency and with reasonable privacy.

Prisoners to be examined on admission

299. Every prisoner shall be examined on admission in accordance with the provisions of Section 24 of the Prisons Act, 1894. If a prisoner with injuries on his body is admitted, he shall be examined immediately by the Medical Officer. If the examination reveals unexplained injuries not already recorded in the medico-legal report accompanying the prisoner the medical officer shall refer the case to the nearest Government Hospital for fresh medical check-up.

300. Prisoners who are drug abuser should be identified on the very day of their admission in prison and should be immediately referred to drug de-addiction centre in the prison. Such prisoners should be first detoxified for a specified period by the Medical Officer in charge and then sent684 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 to drug rehabilitation centre for weaning them away from the habits of addiction. There should be counseling-cum-rehabilitation centre for the welfare of drug detoxified inmates. Assistance of NGOs can be taken to run these centers.

301. If a prisoner looks juvenile, 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.

Certification of Appropriate Class of Labour

302. In the case of convicts sentenced to rigorous imprisonment or imprisonment for life, the Medical Officer shall enter the class of labour on which convict shall 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.

CHAPTER VI

Maintenance of Prisoners

Food

303. States should prescribe the diet plans for prisoners in such a manner that the energy requirements given below are met:

Energy requirements of Indians

Category Body weight Net energy

Kg. (kcal/d)

Men Sedentary 60 2320

Work

Moderate 2730 Work

Woman Sedentary 1900

Work

Moderate 2230 Work

Pregnant 55 +350 Women

Lactation +600 0-6 months +520

6-12 month

Reference: Any variations in the calorie intake, as prescribed by the Indian Council for Medical Research, Nutrient Requirements and Recommended Dietary Allowances for Indians would be applicable.

Requirements of pregnant and nursing

women

304. During pregnancy and lactation, a woman needs more protein and minerals than otherwise. The extra protein can be obtained by substituting a part of the cereal portion of the diet with more milk, fish, meat and eggs, and in the case of vegetarians by concentrating more on milk and milk products. This would also ensure the necessary additional supply of minerals.

Nutrients required

305. The nutrients required in a person's daily diet, their quantities and the common sources of nutrients are indicated in the table below:

Nutrient Requirement Sources

1. Protein 1g. per kg. of pulses, rice, wheat,

body weight milk, fish meat,

eggs, etc.

2. Fat 50 g oils, butter, ghee,

milk, eggs, etc.

3. Carbo- 300 g cereals, sugar,

hydrate jaggery, milk, root

vegetables such as potato, etc.

4. Minerals:

a. Calcium 0.65 g. for milk, milk products,

adult,1 g. for eggs, green, child vegetables,

unhusked cereals and whole gram

b. Iron 12.15 mg vegetables, fruits,

fish and meat

5. Vitamins:

a. Vitamin 3,000 to leafy vegetables, A 4,000 I.U. milk, fish, liver

oils, yellow vegetables, eggs, carrot and yellow sweet potato685 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Nutrient Requirement Sources Items of diet Quantity

b. Vitamin 50 mg. tamarind, amla, C guava, all citrus

fruits, eggs, lime, orange etc., an

c. Vitamin 400 I.U. fish, liver oil, milk D

d. Vitamin group

i. Thia- 1 to 2 mg. undermilled cereals mine and pulse, parboiled

rice, whole wheat

ii. Ribo- 1.8 to 3.0 mg leafy vegetables, flavin eggs, fish, milk and

milk products

iii. Nico- 10 to 15 mg. undermilled cereals, tinic pulses and parboiled acid rice

Scale of diet

306. The scales of diet for prisoners may be prescribed by the State Government by 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 the 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 State Government may also modify the scales at any time if it deems fit.

307. The scales of diet schedules to be

followed per prisoner per day:

(1) For all prisoners

Items of diet Quantity

1. Cereals (including millet) 600 g.

2. Pulses 100 g.

3. Vegetables 250 g.

a. Green Leafy

b. Roots and tubers

c. Other

4. Eggs or Soybean 1000 g. Twice

or Soya products or a week equivalent items; milk, 500 mil. ghee or 15 g groundnut 100 g

5. Milk 50 ml.

Curd 100 ml.

6. Grams (Roasted) 60 g.

7. Jaggery 20 g.

8. Oil 30 g.

9. Salt 30 g.

10. Tamarind 15 g.

11. Jeera or Tejpata 5 g.

12. Turmeric 2 g.

13. Coriander 5 g.

14. Chillies 5 g.

15. Onion 25 g.

16. Coffee or tea

17. White sugar 50 g.

18. Pepper 3 g.

19. Mustard 2 g.

20. Garlic 2 g.

21. Coconut 1/20 Nos.

[Note: All prisoners may be provided ascorbates

like lemons, pickles, Chutney etc.]

(2) For pregnant and nursing women prisoners, add the following special diet to the above diet:—

Items of diet Quantity

1. Milk 250 m.

2. Sugar 60 g.

3. Vegetables 100 g.

4. Fish/Meat or Curd 300 or 200 g.

50 ml.

[Note 1: Fresh fruit be also provided to the pregnant and lactating mothers as per the quantity prescribed by the Medical Officer.]

[Note 2: Arrangements for heating and boiling water/milk shall be made available for lactating mothers.]686 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (3) For children between three and six

years:

Items of diet Quantity

1. Cereals 300 m.

2. Pulses 60 g.

3. Vegetables 125 g.

i. Leafy

ii. Roots and Tubers

iii. Other

4. Fish or meat or Curd 150 or 100 g.

50 ml.

5. Milk 150 ml.

6. Salt 20 g.

7. Oil 30 ml.

8. Jaggery 30 g.

9. Tamarind 10 g.

Note: Fresh fruit be also provided to the children between 3 to 6 years of age as per the quantity prescribed by the Medical Officer.

(4) Children below three years age may be allowed such diet as the Medical Officer may order for them.

308. No reduction or alteration in the prescribed diet and scales shall be made except under special circumstances and with the prior approval of the Inspector General of Prisons. If, on the recommendation of the Medical Officer, the Superintendent considers the prescribed diet to be unsuitable or insufficient for a prisoner for reasons of his health or his peculiar mode of living, he may order, in writing, a special diet, or add extra calories in the diet of such a prisoner, subject to formal approval of the Inspector General of Prisons.

Food ration

309. Every prisoner shall have three meals a day according to the scales prescribed. These shall be,—

(1) A light meal in the morning before the

hour of work;

(2) A midday meal; and

(3) An evening meal before prisoners are

locked up for the night.

310. The quantity of ration to be issued for each meal shall be as prescribed by the Inspector General of Prisons. The articles of diet provided for midday and evening meals may be suitably divided between the two meals.

311. The diet may be fixed as per State's local customs but should be within the prescribed nutritional requirements. Variety in the diet may be introduced by issuing different kinds of pulses, vegetables and antiscorbutics on different days of the week or for different meals. The Superintendent may lay down menu for different days of the week.

312. On the occasion of festivals, as specified by the State Government, extra items of dietary articles may be given to every prisoner.

313. Prisoners who observe religious fasts may receive extra articles of food suitable for such fasts as per local practices [such as potatoes, fruits, etc.], or may have the whole or a part of their meal at a place and time of day, as may be allowed by orders of the government for proper observance of fasts by them.

Hospital diet

314. A suitable hospital diet may be prescribed by the State Government according to local food habits on the advice of Medical Officers.

315. When meat is recommended by the Medical Officer as an extra diet, the weight of meat shall ordinarily be taken without bones.

Cleaning, storage and issue of food items

316. 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.

317. 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 about 3 times its weight in uncooked687 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 state. This should be frequently tested by weighing.

318. 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 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.

319. 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.

320. Dal should be husked and unhusked grains properly cleaned out before cooking.

321. 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 Chief Medical Officer or his subordinate Medical Officer.

322. An allowance of 25% extra shall be given for heads, tails, fins, scales and entrails when whole fish is issued and for bones when mutton is used.

323. Antiscorbutics, in the requisite quantity, shall be issued daily with the midday 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.

324. 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.

325. In preparing curds no water should

be mixed with the milk before boiling.

Cooking

326. 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.

327. 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.

328. 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.

329. 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.

330. 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. Surprise checks of the measuring equipment should be made by duty officers at least four to five times a month.

331. Cooks found tampering with food or

scales shall be severely punished.

Cooks

332. 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.

333. The cooks should wear clean aprons

while preparing/handling food.

Distribution and service of food

334. Inspector General of Prisons shall prescribe the time for serving morning, midday and evening meals in prisons. Such timing would be prescribed depending on the temperature indifferent seasons.

335. Meals should be served fresh and hot. During winter season, appropriate heating methods should be utilized to keep food warm and suitable for consumption. The receptacles used for carrying food shall be provided with well fitting lids. All food shall be carefully protected from flies and other insects.

336. 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 shall be distributed by the cooks in the presence of a responsible prison officer not below the rank of Deputy Superintendent/Assistant Superintendent. He shall see that food issued to any prisoner is not taken away by another or is otherwise wasted.

337. After service of food at least thirty minutes time shall be allowed to prisoner to eat the food.

338. 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.

339. 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.

340. The floors and platforms shall be cleansed immediately after the prisoners finish their meals.

Eating and drinking vessels

341. Every prisoner shall be provided with a set of eating and drinking vessel. All vessels should be made of stainless steel and shall be of a uniform material and pattern.

Complaint about food

342. Any complaint regarding food shall be enquired into on the spot by the supervising officer as designated not below the rank of Deputy Superintendent/Assistant Superintendent. He shall decide whether the complaint is well founded or not and then take necessary action. Every complaint regarding food shall be repor ted 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.

Daily inspection of food

343. The Superintendent and the Chief Medical Officer/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 Prison any defects in quality detected during such inspections.

Inspection of cooked food

344. 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.

Weighing of articles of food

345. All ar ticles 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 to every prisoner. From time to time, the689 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Cutting of hair

350. The rules for cutting hairs shall be as

follows,—

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.

Disposal of complaint by prisoner

346. 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 at once be weighed in front of the prisoner making such complaint.

Power to sanction change in diet

347. The Inspector General of Prisons may direct a change in the diet, prescribed by the convicting courts, in the case of individual prisoner. 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.

348. When a prisoner is hospitalised, his diet may be changed or modified by the Superintendent on the recommendation of the Chief 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.

Control of hospital diet

349. 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.

(1) The hairs of prisoners shall be trimmed only to such extent, and at such times, as may be necessary for the purposes of securing health and cleanliness.

(2) Those prisoners who were accustomed to shave their faces before admission to prison may be allowed the facility of shave in prison.

(3) The prisoner may be allowed to maintain their personal appearance, beard, hair, etc.

(4) The prisoners allowed retaining beard, long hair etc. may have them cut at their own request, in writing with the permission of Superintendent.

(5) All prisoners shall be allowed soap and oil for sanitary purpose and other toiletries at Government cost by Superintendent. The Inspector General of Prisons shall issue the detailed guidelines for determining the quantity and frequency of toiletry to be provided.

Clothing & Bedding

351. Every convict shall be required to wear prison clothing as prescribed in these rules and other prisoners, such as undertrial prisoners and detenues, shall be supplied with clothing if they make an application to the prison Superintendent for this purpose. Such clothing shall be of a color different from that issued to convicts so that the distinction between convicts and other prisoners is visible. All prisoners whether convict or undertrial shall be supplied with prison bedding.

Scales of clothing and bedding

352. The Inspector General shall, with the previous sanction of the Government, fix the scale of clothing and bedding and other necessaries of equipment, to be provided in respect of each class of prisoners, and may, with the like sanction, from time to time,—

(1) Vary the scale of clothing and bedding generally, or that prescribed in respect of prisoner of any class;

(2) Specify a special scale in respect of period or periods of time or during any season of the year; and

(3) Vary the shape, size, material or quality of any article in any scale of clothing or bedding.

353. The following shall be the scale of clothing, bedding and other necessities of equipment for prisoners, namely:—

A. Bedding for all B. Utensils for all

(a) Chadar/Khes 2 (a) Thali (with in-built

katori) 1

(b) Durry/Bedding 1 (b) Glass 1

(c) Blankets 4 (c) Spoon 1 (during winter)

(d) Bedsheets 2

(e) Air Filled Pillow 1

C. Clothing for convicts

Male Female

(a) Pyjama/Lower 3 (a) Saree with 3

blouse

(b) Shirts 3 or Salwar Kamiz

with dupatta

(c) Banyan 4 (b) Petticoat 2

(d) Underwear 4 (c) Underwear 4

(e) Caps or Turban 2 (d) Towels 2

(f) Towels 2 (e) Comb 2

(g) Shoes 1 pair (f) Shoes 1 pair

(h) Socks 2 pairs (h) Socks 2 pairs

(g) Sleeper 2 pairs (f) Sleeper 2 pairs

(g) Sanitary 10 Per napkins Month

For winter season

Male Female

(a) Jacket 1 (a) Jacket 1

(b) Sweater 1 (b) Sweater (full sleeves) (full sleeves) 1

(c) Socks 2 pairs (c) Socks 2 pairs 354. All articles of clothing, bedding and equipment shall be of standard pattern approved by the Inspector General of Prisons. The facilities of clothing available to the convicts may also be extended to poor and needy undertrials by the orders of the Inspector General of Prisons.

355. Articles of clothing and bedding shall bear a distinct mark to indicate that the articles belong to the prison administration.

356. The allowance of cotton clothing prescribed in each scale for prisoner should, ordinarily last for one year except in the case of cotton sheet which should last for two years. The durry/bedding, jacket, sweater and blankets may last for three years.

357. At the time of admission, one hygiene kit containing toothpaste, tooth brush, washing soap, soap, shampoo, oil, 2 sets of undergarments, one set of clothing, one pair slippers, one towel and one comb should be provided to all prisoners whether convict or undertrial and should be deducted from the above mentioned scales.

[Note: It should be provided only once to the

prisoners.]

Clothes of convicts

358. The clothes of convicts shall have no pockets or openings in the lining. All clothing should be according to the custom of the State. The prisoners should be provided with dresses to suit their physical measurement.

Clothing of any category of prisoners not

covered in these rules

359. The clothing of any other category of prisoners, not covered in these rules, shall be decided by the Inspector General of Prisons 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.

Clothing of convicts attending courts

360. Convicts in custody when sent to a court, either as a witness or as an accused,691 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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.

361. In other cases, the Superintendent

shall provide suitable clothing.

Issue of sandals to prisoners

362. The sanction of the Superintendent of Prisons is necessary for the issue of sandals to prisoners.

In charge of clothing store

363. The Assistant Superintendent shall be in charge of the clothing store and shall be held responsible for custody and maintenance of all clothing 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.

Repair, maintenance and inspection of

clothing and bedding

364. A day shall be fixed for weekly maintenance and inspection of clothing. At the weekly parade of prisoners the Superintendent or Deputy 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.

Prisoners to wash their clothing

365. Every prisoner shall be required to wash his clothing usually on the daily basis, and at any other time as the Superintendent may direct subject to the fact that the prisoners shall be given the option to wash the clothes through laundry however if any prisoner has reservation in getting his clothes washed through laundry then the prisoner may wash his clothes by hand. The Superintendent may authorize the issue of the necessary washing materials for the purpose.

Explanation: The prisoners washing clothes by hand shall be supplied with a bar of washing soap weighting approximately 1 kg. each per month and 50 gms. of washing powder per week for washing their clothes. All prisoners with children, washing clothes by hand, 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.

Prison laundry

366. 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.

Disposal of irreparable clothing

367. 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 machiner y 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 or may be sold through public auction.

368. Unser viceable clothing shall be stocked separately and a proper stock register shall be maintained for this purpose.

Disposal of clothing of discharged prisoners

369. 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. 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 clothing692 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 and shall be disposed of in the manner prescribed in the previous paragraph.

Submission of clothing and bedding indents

370. 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 Additional Inspector General of Prisons for sanction.

371. No clothing or bedding shall be issued from the manufacturing department of any prison unless the indent is approved by the Additional 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.

I. Accommodation and ventilation

Capacity of ward to be inscribed near the

door

372. 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.

373. 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.

Ventilation of wards and workshops

374. 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 inter vals, 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 Additional Superintendent shall also be deputed for this purpose.

375. 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 oxidised. It is necessary that the beddings are removed out of the barracks as and when required.

Walls to be colour or white-washed

376. 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.

Planting of trees

377. 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.

378. 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 levelled properly.

II. Conservancy responsibility of all officers

379. 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.

Responsibility of Health Officer

380. The Municipal Health Officer, District Health Officer or the Health Officers of the corporation, as the case may be, shall visit the all prisons under their jurisdictions once a month and offer suggestions for sanitation and hygiene.

Prison area to be kept clean

381. 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.

Prohibition of cess pools and open drains

382. Cess pools, and open drains for accumulation and disposal of sewage are prohibited inside or near a prison.

Precaution against malaria

383. 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.

Medical Officer to approve drainage

384. 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.

Injurious conditions in the prison

neighbourhood

385. 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.

386. 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.

Cleaning of latrines

387. The latrines shall be thoroughly cleaned twice a day or more often if necessary, with disinfectants.

Kitchen

388. 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 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.

Stores

389. 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.

Baths

390. 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.

III. Water Supply

Selection of source of water supply

391. Wherever corporation, municipal, panchayat, township or cantonment water supply exists, arrangements shall be made to connect the prison with it by a pipe line.

392. If well or tube-well is use in a prison such wells should be well protected from being polluted by percolation of surface water.

393. 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 be694 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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.

394. Every water storage tank should be cleaned regularly and the date on which it is done shall be recorded. It should be maintained as per directions provided in the Maintenance Manual issued from time to time by Public Works Department, Government of Goa.

395. Once a week, the depth of water in each drinking water well shall be tested and a record of the results maintained.

Filtration of water

396. Drinking water may be filtered as per the directions of the Inspector General of Prisons, on the advice of medical and municipal authorities.

397. There shall not be any garbage dump or sanitary wastes within a radius of 15 meters of any ring well or tube well.

Drawing of water

398. 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.

Supply of drinking water

399. 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.

400. Prisoners at work shall be supplied with an adequate quantity of drinking water. If water is to be stored, it shall be done in covered receptacles which must be thoroughly cleaned every day.

Analysis of water

401. Samples of the water in use for domestic purposes in every prison shall ordinarily be submitted to the State Water Analysing Authority twice a year, for both chemical and bacteriological examination.

402. 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 Directorate of Health Services who shall make arrangements to obtain the necessar y samples for analysis. In addition immediate steps shall be taken to ensure supply of water from an alternative source at such prisons.

403. The State Water Analysing Authority shall, in due course, forward a copy of its report of analysis, through the Directorate of Health Services to the Superintendent of Prison and another to the Inspector General of Prisons.

Disinfection of wells

404. 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.

Provision of water to staff quarters

405. Adequate supply of water shall also be ensured to the residential quarters of the prison staff. The conditions of the cleanliness of water mentioned above shall apply here 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.

406. The prison administration and the Government shall endeavor to introduce rain water harvesting, biogas, bio-mass or solar plant or any other methods in the prisons to save or generate the water, electricity or alternate fuel.

Provision of electricity

407. The effor ts shall be made by all concerned Departments of the Government of Goa to provide continuous electricity to the prisons & staff quarters.

CHAPTER VII

Medical Care

Medical Administration

408. The Prison Medical Administration may form part of the State Health Services/ Medical Department instead of the Prison Administration.

409. The strength of the Medical Personnel Staff be determined by the Government and shall be provided by Directorate of Health Services Goa and the requisite equipments shall be procured by the prison authorities. Adequate physiotherapy facility should be provided in each prison hospital.

Prison Hospitals

410. Hospital accommodation should be provided on the scale of 5% of the authorised capacity of all Central and District prisons. The prison hospitals may be of Types 'A' and 'B'. Big hospitals, with 50 beds and above shall be called 'A' type hospitals. Other hospitals, with less than 50 beds, shall be called 'B' type hospitals. The staff and equipment for the two types of hospital shall be:

Officers 'A' Type 'B' Type

1. Chief Medical Officer 1 1

2. Junior Specialists 7 4

3. Matron/Warder Sister 1 1

4. Staff Nurses 10 10

5. Pharmacists 4 2

6. Multi Purpose Health 6 4

Worker (MPH) (Male/Female)

7. Technical Staff

a. Laboratory 1 1 Technicians

Officers 'A' Type 'B' Type

b. E.C.G. Technicians 1 1

c. X-ray Technicians 1 1

8. Clinical Psychologists 2 1

9. Multi Tasking Staff 6 4

(MTS)

10. Sanitory Inspector 1 1

411. All the Junior Specialists/Medical Officers in the two types of hospitals shall be from different specialties as under:

Speciality 'A' Type 'B' Type

1. M.D. General Medicine/ 1 1

Pulmonary Medicine

2. M.S. General Surgery 1 1

3. M.S. Orthopaedics 1 -

4. M.D. Dermatology/ 1 -

/Diploma in Venerology Diseases (DVD)

5. M.D. Psychiatry/ 1 1

Diploma in Psychological Medicine (DPM)

6. Dentistry/Bachelor of Dental 1 -

Surgery (BDS)

7. M.D. Gynaecology/Diploma 1 1

in Gynaecology and Obstetrics (DGO)

8. M.S. Ophthalmology 1 1

9. M.D. Paediatrics/ 1 1

Diploma in Child Health (DCH)

Note 1: There shall be 2 Advance Life Support (ALS) and 2 Patient Transport Ambulances in the Type 'A' Hospital of prison Complex moreover there should be 1 Advance Life Support (ALS) and 1 Patient Transport Ambulance in the Type 'B' Hospital.

Note 2: Patient Transport Ambulance for OPD may be designed in such a way so that prisoners and escort guards can travel from prison to hospital comfortably under full safety and security.

Appointment of Chief Medical Officer/

/Medical Officer In-charge

412. The Government shall appoint the Chief Medical Officer/Medical Officer (In-charge) for every prison. During the696 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 absence of the Chief Medical Officer/Medical Officer (In-charge), other officers shall attend to their duties in the prison. The Chief Medical Officer shall be under the administrative control of the Superintendent of Prisons.

413. The Chief Medical Officer/Medical Officer (In-charge) shall be assisted by Junior Specialists/Medical Officers attached to the prison hospital. These Junior Specialists/ Medical Officers shall be under the administrative control of the Superintendent of the prison, except while performing medical/clinical functions when they shall be subordinate to the Chief Medical Officer.

414. The Chief Medical Officer and Junior Specialists, deputed to a prison hospital, shall be entitled for rent 'free staff quarters'.

Channel of Communication

415. The Chief Medical Officer shall be the Technical Head of all the Medical Officers and Paramedical Staff and shall be in-charge of the entire Medical Administration. He, along with his subordinates, shall be jointly responsible for the health-care of the prisoners. The Superintendent of Prison shall be the Administrative Head. All correspon- dence to the Inspector General of Prisons or to the Directorate of Health Services shall be routed through him. All leaves, except earned, commuted and medical leave, pertaining to the Medical Officers shall be regulated by the Chief Medical Officer.

416. The Chief Medical Officer/Medical Officer (in charge) shall submit indents for medicines to the Inspector General through the Superintendent of Prison. In all administrative matters he shall correspond with the Inspector General of Prisons through the Superintendent of Prison. 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. He may also do so 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.

General duties

417. The general duties of the Chief Medical Officer/Medical Officer (In-charge) shall cover every matter connected with the health of the prisoners, their treatment when sick, and the sanitation and hygiene of the prison.

Daily visits to prison

418. The Chief Medical Officer/Medical Officer (In-charge) shall visit the prison and shall examine sick prisoners every day. He shall visit the prison on Sundays and holidays as well, whenever necessary.

419. He shall inspect every part of the prison and check all prisoners at least once in a week and record his observations in his report to be sent to the Superintendent of Prisons and Inspector General of Prisons periodically.

420. He shall also make a full medical inspection of all the prisoners once a month.

421. 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.

422. If he is unable to himself undertake these inspections for any reason, he shall record the fact and the reason for it in his medical register. At the same time he shall depute a Junior Specialist to conduct such inspections.

Special needs of aged prisoners

423. The Chief Medical Officer/Medical Officer In-charge shall ensure that the medical needs of aged prisoners as per their medical and allied conditions are reasonably met. However, it is not for providing any other kind of facilities except medical facilities. The bed should be provided to the senior citizen and differently abled prisoners. The doctor may prescribe the bed facilities for ill prisoners in case of medical need. The Chief Medical Officer/Medical Officer In-charge 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.

Treatment of drug addicts

424. The drug abusers shall be identified at the time of admission and treated after separating them from the rest of the prisoners in the drug de-addiction wards. The drug abuser shall be first subjected to drug detoxification treatment for a prescribed period under the medical supervision and thereafter shall be shif ted to drug rehabilitation of the prison. Such prisoners shall be kept on regime/programmes as advised by de-addiction specialist in each case. The Chief Medical Officer/Medical Officer In-charge shall also organise training in Transcendental Meditation and Yoga for them.

Attendance at weekly inspection

425. The Chief Medical Officer/Medical Officer (In-charge) 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 nutritional deficiency, any deterioration in health conditions or any other ailments, and skin diseases. He shall also examine the prisoner's clothing and bedding to see that they are adequate and clean. He shall examine the drainage, ventilation, drinking water and conservancy arrangements of the prison.

426. 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 give necessary instructions to the Junior Specialist of the prison regarding the action to be taken in such cases.

Attending to prison officers

427. The Chief Medical Officer/Medical Officer (In-charge) shall attend to the medical needs of all prison officials and their families residing in the prison's staff quarters and barracks.

428. The Chief Medical Officer/Medical Officer (In-charge) 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.

429. The Chief Medical Officer/Medical Officer (In-charge) shall maintain a minute book in which he shall enter all directions given by him concerning the duties of the medical/paramedical staff under him, the management of the hospital, and any other instruction of impor tance regarding the treatment of patients, or any other matter.

Duties of Chief Medical Officer/Medical

Officer (In-charge)

430. Duties of Chief Medical Officer/Medical

Officer In-charge shall,—

(1) Submit for the sanction of Inspector General of Prisons for yearly indent for medicines and medical stores.

(2) Keep or cause to be kept a proper account of medicines, instruments and appliances.

(3) Satisfy himself that the psychotropic medicines are kept separate from other medicines, properly labelled and under lock. The same shall be kept under the supervision of Medical Officers In-charges.

(4) Regularly check the account of locally

purchased medicines.

(5) Be responsible to ensure that all medicines, instruments, all locally purchased medicines and medical stores charged in the prison are properly used in the service of the prison.

(6) To meet acute shortage/contingency/ disaster, he may prepare a panel of credible private practitioners/paramedics preferably retired from Government Services, NGOs etc. available in the vicinity of the prison in consultation with the Inspector General of Prisons.

(7) Verify the accuracy of the records made

by the Medical Officers.

(8) Inspect the medicines kept in the store once in every six months and satisfy himself that their weights and quantities are entered correctly in the stock register; Also ensure that the medicines are used before their date of expiry. So also inspect the instruments and equipment to see that they are being maintained properly and sufficient stock is kept in reserve.

(9) To scrutinized and countersign all

indents made by the Medical Officers.

(10) Examine all cases coming for release

on medical grounds.

(11) Whenever the mortality of a prison in a month exceeds 1% per annum, he shall record an explanation of the cause of such excess of mortality in the monthly return. In the event of unusual mortality, he shall make a special repor t on the subject for transmission to the government through the Inspector General of Prisons.

(12) Specify in a written order the hours of the day when the Medical Officers shall attend to his duties in the prison and the hours of the day when the Medical Officer and any of the members of his staff attend to the duties assigned to them in the hospital. Provided that at least one Medical officer shall be on duty and available.

(13) Submit a report to Inspector General of Prisons half yearly in January and July on Medical and Sanitary Administration of the prison.

Maintenance of Medical Register

431. The Chief Medical Officer In-charge shall keep a Medical Register 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,—

(1) 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 Chief Medical Officer considers likely to be injurious to the health of prisoners, together with suggestions for removing such defects.

(2) Any occurrence of impor tance connected with the hospital administration.

(3) Any marked increase in the number of in or out door patients and its apparent causes.

432 After each visit this medical register shall be sent immediately to the Superintendent for his perusal. Thereupon the Superintendent may issue any orders he thinks fit. When the Chief Medical Officer himself is the Superintendent of the prison the points required to be referred to in his register shall be recorded in the register maintained by the Superintendent of Prison.

433. The Chief Medical Officer/Medical Officer In-charge shall verify the accuracy of the records made by the Medical Officer(s) of the prison.

434. General duties of Medical Officer

(In-charge),—

(1) A Medical Officer In-charge shall be posted to each prison and he shall function under the direction and control of Superintendent of Prison. He shall have sanitary and medical administration of the prison under his charge. However, for medical superintendence, he shall work in consultation with Chief Medical Officer.

(2) The entire Medical and Paramedical Staff posted in each prison shall work under superintendence, direction and control of the respective Medical Officer In-charge.

(3) Medical Officer In-charge shall accompany and shall carry out or cause to be carried out all instructions given by the Superintendent of Prison and Chief Medical Officer in respect to his function.

(4) Medical Officer In-charge shall accompany the Superintendent, Chief Medical Officer, Additional Inspector General of699 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Prisons and Inspector General of Prisons whenever they visit the prison for the purpose of inspection and shall carry out or cause to be carried out all the instructions given by them in respect of his functions.

(5) Medical Officer In-charge shall be assisted by such number of medical staff as may be deemed necessary.

(6) Medical Officer In-charge shall report to the Superintendent of Prison on all such matters which may be injurious to the health of prisoners or staff. Same information should also be sent to Chief Medical Officer.

(7) Medical Officer In-charge shall maintain all the hospital records up to date and he shall prepare and submit all monthly and other returns to the Superintendent and Chief Medical Officer at proper times.

(8) He shall keep or cause to be kept the surgical instruments and appliances in good order and clothing and bedding marked in the prescribed manner.

(9) All observations of the Court regarding health of prisoners shall be complied with at the earliest. An action taken report shall be intimated to the Superintendent for further action. In sensitive matters, he may also inform and consult the Chief Medical Officer, Inspector General of Prisons as well as Law Officer.

(10) He may communicate the name of seriously sick prisoners to the Superintendent along with his medical report at the earliest so that his case may be taken up with the concerned Court for necessary action.

(11) He should see that the food qualities being served to the prisoners is palatable and of reasonable quality and quantity.

Channel of communication

435. The Medical Officer In-charge shall ordinarily correspond with the Chief Medical Officer in administrative matters under intimation to the Superintendent and Additional Inspector General of Prisons.

436. Medical Officer In-charge to visit daily and take measures to secure the health of prisoners.— (1) It shall be the duty of the Medical Officer In-charge to visit the prison at least once a day except on Sundays and on that day also whenever necessary. He shall visit every part of the prison and its precincts and premises frequently and after every visit he shall record a note in his medical register mentioning the sanitary conditions of the prison.

(2) The Medical Officer In-charge shall take all such measures as may be necessary for ensuring proper sanitation in the prison and conducive to the health of the prisoner.

(3) He shall regularly visit all prisoners suffering from serious ailment like AIDS, Tuberculosis, Drug Addiction, Cancer, Mental disorder, etc.

437. Medical Officer In-charge to inspect the prison.–– (1) The Medical Officer In-charge, while visiting the prison, shall satisfy himself that nothing exists therein which is likely to be injurious to the health of the prisoners and ensure that the system of drainage is satisfactory and in good working order that the water supply is pure and unpolluted, and it is not liable to pollution from any source that adequate precautions are being taken against overcrowding in barracks, cells, and other compartments, and that the ventilation and cleanliness of barracks, cells and other compartments, workshops, latrines and the like are duly provided for and attended to. He shall also frequently inspect the cook- houses and test the weight and quality of the rations both before and after cooking. He shall report to the Superintendent any matter which, in his opinion, demands attention provided that in any case in which the Superintendent considers it inexpedient to accept the recommendation, and the Superintendent's objections should be forwarded to the Inspector General of Prisons and Chief Medical Officer for final orders.

(2) The Medical Officer In-charge shall see that the food for the sick is properly cooked and distributed.

438. Medical Officer In-charge may add or vary diet in certain cases.— The Medical700 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Officer In-charge may, with the approval of the Chief Medical Officer, make any addition to or alteration in the diet for the sick, the convalescents, the aged, prisoners employed on hard labour, pregnant mothers, which he may deem necessary on medical grounds and record brief reasons there for, in the history ticket of the prisoners. In this regard, appropriate guidelines shall be issued by Inspector General of Prison in consultation with Chief Medical Officer.

439. Medical Officer In-charge's duty on the appearance of epidemic.— (1) The Medical Officer In-charge shall, in the event of the appearance of epidemic disease of any kind among the prisoners or officers of the prison, be responsible that all measures and precautions which may be necessary or expedient to meet the emergency and prevent the spread of the disease are promptly taken, and that the rules and orders regulating such matters are fully enforced. The Medical Officer In-charge shall keep the Superintendent and Chief Medical Officer apprised of the steps taken by him.

(2) Immediately upon the appearance of any case of infectious disease or any disease which is likely to assume an epidemic form, the Medical Officer In-charge shall report the fact to the Superintendent and the Chief Medical Officer for the information of the Inspector General of Prisons, together with any recommendation which he may think to make with a view to prevent the spread of the disease and otherwise deal with it.

440. Action in cases of communicable diseases.— The Medical Officer In-charge shall maintain a special record, in the prescribed form of all cases of communicable diseases, whether sporadic, or epidemic and shall furnish necessary report required by the directions for the time being in force in that behalf. He shall submit such report to the Superintendent and the Chief Medical Officer of the measures and the precautions taken to meet the emergency and prevent spread of the disease. The Chief Medical Officer shall in turn inform the Inspector General of Prison.

441. Duty of Medical Officer In-charge on death of prisoner.— On the death of any prisoner, the Medical Officer In-charge on duty, shall forthwith record in a register the requisite particulars as provided under this chapter.

442. Duty of the Medical Officer In-charge to comply with duties imposed by the Chief Medical Officer.— The Medical Officer In- charge shall duly observe and comply with all directions by the Superintendent of Prison and Chief Medical Officer as to the duties which he is to perform and the manner in which he is to perform them. He shall furnish such periodical statistical and other information and reports, in respect of sickness and mor tality amongst prisoners, the sanitation of the prison and other matters pertaining to his duties as may from time to time be prescribed by the Chief Medical Officer in that behalf.

443. Duties of the Medical Officer In-charge with regard to medicines, medical stores and indents.— (1) to submit to the Chief Medical Officer yearly indents of Medicines and Medical Stores required for his prison.

(2) to keep or cause to be kept a proper account of medicines, instruments and appliances in the prison under his charge.

(3) to satisf y himself that poisonous substance are kept separate from other medicines, properly labelled and under lock and key.

(4) to examine from time to time the medicines in stores and to assure himself that they are in a fit condition for use.

(5) to regularly check the account of locally

purchased medicines.

(6) to be responsible for proper utilization of medicines and medical stores charged under prison account.

(7) to submit a report to the Chief Medical Officer twice a year in January & July on the medical and sanitary administration of the prison under his charge.

444. Medical Examination of prisoners.— The Medical Officer In-charge shall subject every prisoner to medical examination once a quarter and record the state of his health in his history ticket.

Medical Officer/Junior Specialist

445. General duties of Medical Officer/ Junior Specialist.— (1) 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 by Medical Officer In- charge, as the case may be.

(2) To attend to sick prisoners and out- patients visiting the hospital and supervise the preparation and issue of medicines, food and extra diet. He shall satisfy himself that the Medical Officer In-charge's orders in their regard are properly carried out.

(3) To make a daily round of the prison cells and report to the Superintendent of Prison and Medical Officer In-charge the conditions in the prison which have any bearing on the health of the inmates and every such complaint made to him.

(4) To ensure that all medicines indented for the hospital/dispensar y are properly arranged, labelled and stored in a safe place.

(5) To take proper care of instruments,

appliances, and equipment in his charge.

(6) To see that sick prisoners are clean and

tidy.

(7) To see that the hospital clothing and bedding are marked in a distinctive manner.

(8) To see that all articles in use in the

hospital are safely stored and kept clean.

(9) To allow no property in his charge to

leave the prison premises.

(10) Not to permit any prisoner attendant to handle instruments or distribute drugs whose misapplication may be dangerous.

(11) 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.

(12) To satisfy himself that the food for the

sick is properly prepared and distributed.

(13) To ensure that order, cleanliness and discipline is maintained in and around the hospital.

(14) To ensure that the staff nurses and other employed in the hospital perform their duties properly.

(15) To ensure that any excess or deficiency of attendants is brought to the notice of the Medical Officer In-charge.

(16) 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 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.

(17) 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.

(18) To inspect the food supplied to civil and un-convicted criminal prisoner by their friends.

(19) To keep a watch on prisoners suspected of malingering and to report the result of his observations.

(20) 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.

(21) To bring to the notice of the Superintendent of Prison and Medical Officer702 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 In-charge any female whom he may suspect to be pregnant.

(22) To ensure the bathing of prisoners

suffering from skin infections.

(23) To examine all newly admitted prisoners and to record in the admission register and medical sheets particulars regarding their health, and the kind of labour and they can perform in view of their health conditions.

(24) 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.

(25) To vaccinate newly admitted prisoner, infants admitted with the prisoners or born in prison and the pregnant mothers.

(26) To bring promptly to the notice of the Superintendent of Prison and Medical Officer In-charge any case of suspected contagious or infectious diseases that may appear amongst the staff or inmates of the prison.

(27) 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.

(28) 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.

(29) 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.

(30) The Medical Officer 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 Medical Officer In-charge all prisoners who are losing weight to any noticeable extent.

(31) 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 Medical Officer in carrying out the work of recording the weight of prisoners.

446. Duties as regards to food and its distribution.— (1) daily inspect the go-down, kitchen and all vessels for cooking or distributing food and see that they are clean;

(2) daily inspect the food by actually tasting and see that it is of good quality, properly prepared and cooked, and in the prescribed quantity both in the raw and cooked condition; keep samples of anything he considers to be unwholesome for the inspection of the Medical Officer In-charge, see that the milk is properly boiled before issue.

447. Duties as regards water supply, sanitation and ventilation.— (1) To examine periodically the sources of water supply and to bring to the notice of Medical Officer In- charge any defect in quantity or quality. To examine daily all vessels in which drinking water is stored or conveyed and see that they are kept clean.

(2) To inspect all the latrines and urinals daily and to see that they are kept clean and are in hygienic condition.

448. Classification of prisoners according to health.— The health of every prisoner shall be described as either 'good' 'indifferent' or 'bad'. Prisoners on admission to prison who are in immediate need of medical treatment should be recorded as in 'bad health', unless suffering from trivial and temporary ailment; those who are not fit for hard labor, but who do not need hospital treatment, should be recorded as of 'indifferent health.'

Note: If a prisoner is in bad or indifferent health, the Medical Officer should enter the cause of the disability in his history ticket and admission register and also to inform about the facts to Superintendent of Prison.

The weighing of prisoners

449. The Medical Officer 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.

450. 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 Medical Officer in carrying out the work of recording the weight of prisoners.

451. Deduction for clothing etc. when weighing prisoners.— (1) When being weighed, male prisoner shall wear their trousers only. Female prisoner shall be fully attired and deduction made for the articles worn. An abstract of the result of weightments shall be prepared by the Medical Officer on the day following that on which the weightments are made,—

(a) the number who gained weight;

(b) the number whose weight remained

stationery;

(c) the number who are from 1.5 kg. to

2.5 kg. below standard weight;

(d) the number who are more than 2.5

kg. below standard weight;

(e) the number who are more than 3.5

kg. below standard weight; and

(f) the percentage of those who gained weight and lost weight respectively calculated on the total number weighed.

(2) The Medical Officer should himself select number of prisoners at each weekly inspection for a 'check weightment'.

(3) All prisoners who have lost weight shall be separately produced for the inspection before the Medical Officer who shall take necessary follow-up action.

452. Report on the death of any prisoner.— On the death of any prisoner, the Medical Officer on duty shall forthwith report the matter to the Medical Officer In-charge and the Superintendent.

453. Mode of recording directions and recommendations of the Medical Officer.— Any directions (other than directions which are to be carried out by the Medical officer or under his personal superintendence) which the Medical Officer may think fit in respect of treatment of any prisoner shall be entered in the history ticket/OPD ticket of the prisoner concerned.

454. Record by Medical Officer on admission and discharge of prisoners.— (1) In addition to complying with the provisions of Chapter of the custodial management, in regard to the admission, removal and discharge of prisoners, the Medical Officer shall record or cause to be recorded, under his superintendence,—

(a) at the time of the admission of every prisoner to the prison in the admission register and histor y ticket of such prisoners:

(i) the state of the prisoner's health;

(ii) the prisoner's age and weight;

(iii) drug abuser, suffering from serious ailments like TB, HIV/AIDS, Cancer, etc.;

(iv) if sentenced to labour, the class of labour (if any) for which the prisoner is, in the opinion of the Medical Officer, fit; and

(v) any other observations which the inspection of the prisoner may disclose and which should, in the opinion of the Medical Officer, be made.

(b) the records of the above shall be maintained in a separate register to facilitate consultation for history of any illness of the prisoner in future.

(2) He shall satisfy himself that the private clothing of a newly admitted prisoner is cleaned, and, if necessary disinfected.

(3) If the Medical Officer has reason to believe that any female prisoner is704 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 pregnant, he shall report the same to the Superintendent.

(4) When a prisoner with injury on his body is admitted in to a prison from Police Custody, his medical examination shall be conducted in the manner prescribed.

(5) When the Medical Officer finds extra injuries not mentioned in Medico Legal Certificate of the prisoner or any discrepancy in Medico Legal Certificate, he shall refer back the prisoner for re-Medico Legal Certificate at nearest Government Hospital before admitting him to prison.

455. Duty with regard to sick prisoners and malingerers.— (1) The Medical Officer shall daily visit the sick prisoners in the hospital, and shall examine every prisoner who may complain of any illness, and may, if necessary, direct the admission of any such prisoner to hospital with the approval of the Medical Officer In-charge.

(2) If at any time the Medical Officer is of the opinion that any prisoner is malingering he shall forthwith report the fact to the Medical Officer In-charge and the Superintendent.

(3) The Superintendent in consultation with Medical Officer In-charge on record may allow a family member of a prisoner as attendant when the prisoner is admitted in outside hospital.

456. Medical Officer to report in certain cases.— In case, the Medical Officer has reason to believe that the mind of a prisoner is or is likely to be injuriously affected by the discipline or treatment to which he is subjected, he shall report the case in writing to the Medical Officer In-charge together with such observations as he may think proper. The report, with the recommendation of the Medical Officer In-charge, shall forthwith be sent to the Superintendent for information and taking appropriate decision.

457. Medical Attendance to prisoners and prison staff.— The Medical Officer shall render proper medical attendance to all the prisoners and to the prison personnel requiring medical emergency services.

458. Examination and report on drunken behaviour.— Any official found drunk on duty in the prison shall forthwith be produced by the duty officer before the Medical Officer on duty who shall examine him without delay and to report to the Superintendent of Prison. Such official shall be proceeded against departmentally.

459. Keys of the hospital ward to be kept with Medical Officer.— The keys of the hospital ward during lockup time shall be available with the Medical Officer on duty so that he can attend to any emergency without delay.

460. Maintenance of Registers.— All the medical registers and Forms shall be kept under the orders of the Medical Officers, who is responsible for their correctness. At the inspection of the Inspector General of Prisons, the Medical Officer shall produce before him, every register and record, connected with the Medical Department of the prison.

Clinics and labs for prison Department

461. The following equipments should be made available to prison Hospital.— (1) Dental Clinic with all equipments.

(2) Ophthalmology Clinic with all

equipments.

(3) Minor operations theatre with all

surgical equipments.

(4) Clinical Laborator y with required

equipments.

(5) X-Ray lab with dark room and

equipments.

(6) E.C.G. Unit.

(7) Physiotherapy unit with equipments.

(8) Detoxification unit.

(9) Psychiatric unit with equipment.

Appointment of Medical and Paramedical

Staff

462. In prisons, all Medical and Paramedical Staff shall be appointed by the Directorate of Health Services, Government of Goa.

Terms of Appointment

463. The medical and paramedical staff shall be appointed by the Directorate of Health Services and their postings and transfers shall be made by Secretary (Health). However, the internal postings and transfers of medical & paramedical staff shall be made by the orders of Inspector General of Prisons.

Conditions of service

464. The entire Medical and Paramedical staff posted in individual prison shall not leave their duty without the permission of the Medical Officer In-charge. The Medical Officer In- charge shall not leave his duty station without the permission of the Chief Medical Officer.

Uniform

465. The Medical Staff posted to the prison Hospitals shall wear the prescribed uniform.

Leave

466. The medical staff posted in prison hospitals shall be governed by the Leave Rules of the Directorate of Health Services Goa.

Maintenance of Report Book

467. Every Medical Officer shall report all important matters in writing in the report book maintained by the Chief Medical Officer.

468. This report book shall be produced for inspection and orders of the Chief Medical Officer. The Chief Medical Officer shall sign his repor t book every day and take appropriate necessary action in that regard.

Hours of duty

469. In prisons where there are more than 01 Medical Officer.— (1) The hours of duty during the day shall be equally distributed between them by the Medical Officer In- charge, ensuring that one of them is always present in the prison.

(2) One of the Medical Officers shall be on night duty on rotation basis to attend to the prisoners in the event of an emergency.

470. In prisons, where there is only 01 Medical Officer, he shall remain inside the prison throughout the day, except when permitted to be absent him for meals or other valid reason. He shall visit the hospital occasionally at nights and may, under the orders of the Chief Medical Officer, be required to remain on duty there if there are any cases under treatment which are likely to render his presence necessary.

471. Work conditions for Medical and Paramedical Staff shall be governed by the rules prescribed by the Directorate of Health Services.

Custody of Locks and Keys

472. Medical Officer posted in responsible capacity at Medical wards at night shall be responsible for the safe custody of the lock and keys of the hospital and of any other place in which inmates 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.

473. Medical Officer posted in responsible capacity in Medical wards at night entrusted with the lock and 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 oppor tunity to the Deputy Superintendent and Medical Officer in charge every instance of unlocking the door of any compar tment occupied by the prisoners during his term of duty at night.

Examination of prisoners complaining of

illness

474. Every prisoner complaining of illness or appearing to be ill, shall be sent to the prison hospital for immediate examination and further treatment by Medical Officer or in his absence by the Medical subordinate. In the night after lock-up, in case of medical call, the doctor shall visit and examine the prisoner in the ward or at prisoner's lodging place i.e.

barrack or cell and shall shift the prisoner only in case of emergency in the presence of Medical Officer or in his absence, the Medical subordinate. The facility of consulting Medical Officer over the telephone may also be encouraged where relevant.

475. On the advice of Chief Medical Officer, the Superintendent may transfer any sick prisoner to the local Government Hospital. For transfer which is required on medical grounds to any specialized Government hospital outside the jurisdiction of the prison, the approval of the Inspector General should be obtained. If the Chief 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 and under proper escort. In deserving cases, the opinion of Medical Board constituted by the Chief Medical Officer of the district shall be obtained while sending prisoners outside the prison on medical grounds.

Note: Further, the Government shall make

available suitable Infrastructure & also make

arrangement for treating the prisoners/ patient

requiring specialized treatment in other

Government Hospitals at the earliest. Hospital may

be identified for said purpose and suitable

arrangements be made keeping the security aspect

in mind.

Diet of a prisoner/control of hospital diet

476. The diet of prisoners in Hospital shall be entirely under the control of the Medical Officer In-charge who may either keep the prisoner on the ordinary prison diet, or may place him on one of the regular hospital diet, or may order any modifications of the prison or hospital diet, or may prescribe extra diet he may think necessary, according to the scaled of diet prescribed, if any, under the rules. The same shall be reviewed by the Chief Medical Officer on weekly basis.

Preparation of hospital diets

477. Hospital diets requiring special preparation shall be cooked in the hospital kitchen, and the Chief Medical Officer shall examine the diet frequently and satisfy himself by weighing that the full quantities of the prescribed articles are present, and are well cooked.

Precaution regarding milk

478. 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, the milk should not be accepted.

Special diet for prisoners not in hospital

479. In addition to the regular diet, Medical Officer can also recommend medical diet for any prisoner in the invalid group after recording reasons for recommending that in his register. Such recommendations shall not be made as a matter of routine. The medical officer deputed on behalf of Medical Officer In-charge can recommend the issue of medical diet to the prisoner on the absence of Medical Officer in charge, but he shall report this to him and obtain his approval. Issue of medical 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 of Prisons and Chief Medical Officer by Superintendent through Additional Inspector General of Prison. The Medical Officer In-charge owns the responsibility to economize the expenditure on this account and shall exercise utmost care in recommending medical diet to the prisoners.

A detailed report regarding medical diet being provided to prisoners shall be sent to Chief Medical Officer and Additional Inspector General of Prisons on monthly basis.

Indents for hospital diet

480. An indent showing the tentative number of hospital diets and extra required, shall be sent not later than 9 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 case of urgency, may be sent at any hour of the day. This shall be generally avoided except in case of extreme urgency.

Detention of a prisoner for observation

481. 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 Chief Medical Officer finds a prisoner to be malingering, he shall at once report the fact to the Superintendent for punishment.

482. Prisoners who require mental health care should be attended to by an authorised medical attendant.

Medical treatment of sick prisoners

483. 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 as specified in Appendix-14 or in the register of in-patients in a specified in Appendix-15.

484. If the prisoner refuses the prescribed treatment the same may be provided to him with the consent of the family. The Superintendent of the prison being custodian may give consent for the treatment in the emergent and life threatening conditions, as per recommendation of Chief Medical Officer.

Maintenance of Case Book

485. The number of sick in hospital shall be daily recorded in the Hospital Roll of Sick as specified in Appendix-16. Their treatment and diet shall be recorded in the Case Sheet as specified in Appendix-17.

486. In addition to these records, there shall be maintained in every hospital a Case Book as specified in Appendix-18 in which the history of ever y case admitted into hospital shall be recorded.

487. 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.

488. The entries in the case-book shall usually be made by the Medical Subordinate, as symptoms appear or treatment is applied. The Medical Officer shall 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.

489. 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.

Bathing of patients

490. Prisoners who are not too ill shall be required to bathe daily, at a time the Medical Officer may direct.

Proper place of washing

491. A proper place for washing and boiling dirty clothing and sheets shall be provided. Blankets and work clothing too shall be frequently disinfected and washed in boiling water.

Cleanliness of the hospital

492. 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.

Disinfections of wards

493. A ward or a cell in which a case of infectious disease has occurred or been treated shall be immediately sanitized thoroughly using disinfectants as prescribed.

Explanation: Disinfestations shall be carried out under the personal direction of one of the Medical Officers to be nominated by the Chief Medical Officer.

Allotment of labour on medical opinion

494. When the Junior Specialist 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 the Chief Medical Officer may consider suitable for him.

Duty of Junior Specialists on occurrence of

death

495. The Junior Specialist shall immediately report every death that occurs in the prison to the Chief Medical Officer and shall assist him at the post-mortem examination. He shall ensure that the body is suitably prepared for burial/cremation before removal from the mortuary.

Medical Aid to prison Officers

496. The Junior Specialist shall, under the direction of the Chief Medical Officer, accord medical aid to all members of the prison establishment and others living on the prison premises.

To assist Chief Medical Officer

497. Medical Officers shall render assistance to the Chief Medical Officer by reporting to him all matters affecting health, such as,—

(1) Overcrowding.

(2) Unsuitable, worn out or dirty clothing.

(3) Neglect of personal cleanliness.

(4) Undue exposure to weather.

(5) Unpunctuality of meals.

(6) Neglect to air-dry or clean clothes and

bedding.

(7) Unsuitable tasks.

Supply of medicines when under treatment

of hospitals outside the prison:

498. 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 hospital, the same shall be purchased by the hospital authorities locally and the cost reimbursed by the Superintendent immediately.

Appointment of Staff Nurse and Pharmacist

499. As far as practicable, only staff nurses and pharmacists, who have passed the tests prescribed by the Directorate of Health Services or the Goa Medical College and Hospitals, shall be employed in prisons.

500. Staff nurses and pharmacist shall be posted to prison duty for a period of three years exclusive of any long leave availed by them and then reverted to the Directorate of Health Services. The said period of three years may either be extended at the option of the individual and with the approval of the Directorate of Health Services Goa or the Medical Superintendent, Goa Medical College and Hospital, as the case may be and the Superintendent of the prison concerned, by such further period that these offices may consider desirable. This period may also be reduced on the recommendation of the Directorate of Health Services or the Medical Superintendent, Goa Medical College and Hospitals as the case may be, or of the Superintendent of the prison concerned. All leave, except casual leave, shall be granted by the Directorate of Health Services or by the Medical Superintendent, Goa Medical College and Hospitals as the case may be on the recommendation of the Medical Officer of the prison.

501. Casual leave may be granted to the staff nurses and the Pharmacists by the Medical Officer in the prison in accordance with the rules relating to the grant of such leave.

502. All patients suffering from Vector Borne Diseases shall be segregated and provided with mosquito nets.

Duties of the Staff Nurse and the

Pharmacists

503. The Staff Nurses and the Pharmacists shall obey the lawful orders of the Chief Medical Officer and the Junior Specialists/ Medical Officers in all matters connected with the medical work of the prison and of the Superintendent and Senior prison officers in consultation with the Chief Medical Officer in other matters.

504. Their duties shall be to help the Junior Specialist 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 Chief Medical Officer/Medical Officer In-charge.

Chief Medical Officer to supervise treatment

of out-patients

505. The Chief 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 hospitalisation. The Medical Officer shall himself examine all out-patients at least once a week.

506. Prisoners suffering from only minor ailments shall be treated as out-patients. The Chief Medical Officer shall be responsible that all other patients are admitted to the prison hospital. Under no circumstances prisoners suffering from any serious illness shall be treated as out-patients.

Junior Specialists to treat out-patients

507. Subject to the foregoing provisions, the examination and treatment of out-patients may be conducted by Junior Specialists.

Treatment of Sick prisoners in the Hospital

508. The treatment of sick prisoners in the prison hospital shall be under overall supervision of the Chief Medical Officer. If, in his absence, the Junior Specialist takes any action for the treatment of a prisoner, he shall record the action taken in his Report Book and submit it to the Chief Medical Officer immediately on his return.

Chief Medical Officer's daily visit

509. The Chief Medical Officer shall visit all prisoners kept in hospital under observation ever y day and shall decide whether a prisoner needs to be discharged from hospital.

Supply of hospital clothing and bedding

510. All prisoners shall be supplied with hospital clothing and bedding on admission to hospital. Their convict clothing and bedding shall be taken from them. These shall be returned to prisoners on their discharge from hospital. Care shall be taken that clothing and bedding are changed regularly to maintain cleanliness, and that in cases of infectious/contagious disease all clothing and beddings are thoroughly disinfected.

511. Every patient in hospital shall be provided with a proper mattress, a pillow and white sheets.

512. 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. Any prisoner shall not be made to sleep on a raised masonry berth.

Segregation of infectious cases

513. Every case, or suspected case, of infectious diseases shall immediately be segregated and the appropriate isolation shall710 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 be maintained until the Chief 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 himself that the same are carried out.

Segregation of prisoners in the prison

hospital

514. Prisoners suffering from sexually

transmitted infection shall be segregated.

515. Cases of dysentery and diarrhoea shall be treated in a separate ward, if possible. Loose stool of such patients shall be disinfected and disposed appropriately. All wards, beds, bedding, clothes and latrine vessels used by them shall be thoroughly disinfected.

516. All cases of scrotum positive/ pulmonary tuberculosis shall be segregated in special wards. All necessary precautions shall be taken to guard against the spread of infection to other prisoners.

517. All cases with abnormally enlarged spleen/liver shall have boundaries marked on the skin and shall be provided with some distinctive clothing. Care shall be taken that the spleen/liver is not hurt.

518. Minor infectious diseases such as scabies, mumps, measles etc., must on no account be neglected. Isolation for the full period must be enforced. Cases of scabies need not, as a rule be admitted into hospital but segregated from other prisoners.

519. Prisoners showing signs of lunacy shall not, if they are dangerous, noisy or unclean, be kept in the hospital but shall be kept in a separate cell.

520. In some cases, it may be considered for prisoners in hospital to be given some employment. Light work shall, therefore, be provided for them.

521. Wherever necessary, cases of inmates shall be referred to specialised medical institution with the prior sanction of the competent authority.

Treatment of malingerers

522. If the Chief 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.

Treatment of prisoners discharged from

hospital

523. Every prisoner on discharge from hospital shall either be put to labour or placed in the 'Invalid Group', as the Chief Medical Officer may direct.

Composition of the invalid group

524. The invalid group shall consist of,—

(1) Those who are permanently incapacitated from performing hard or medium labour because of age, or bodily infirmity. They should be the permanent members of the group.

(2) Those who have been discharged from hospital as convalescents, but are temporarily unfit to perform hard or medium labour.

(3) 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 anaemic.

Treatment of the invalid group

525. 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 placed711 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 in or discharged from this group without the permission of the Chief Medical Officer. They shall be examined daily by the Medical Subordinate, and once a week by the Chief Medical Officer.

526. Procedure on death of a prisoner.— (1) The death of any prisoner, which is a custodial death, shall be handled as per the procedure laid down in the Code of Criminal Procedure, 1973, and the guidelines issued by the National Human Rights Commission from time to time.

(2) Whenever the mortality in the prison during a month exceeds 1% per annum, the Medical Officer 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 of Prisons.

527. The provisions of procedure on death of prisoner shall, with necessary changes, apply to the case of a death of an officer of the prison while employed on duty.

528. The record required by Section 15 of the Prisons Act, 1894 shall be made by the Chief Medical Officer in the Case Book specified in Appendix-18.

529. Report on death of a prisoner.— (1) On the death of a prisoner, the Medical Officer in-charge shall forthwith record in a register the following particulars, so far as they can be ascertained, namely,—

(a) The day on which the deceased first complained of illness or injury or he was observed to be ill or injured;

(b) The labour, if any, on which he was

engaged on that day;

(c) The scale of his diet on that day;

(d) The day on which he was admitted

to hospital;

(e) The day on which the Medical Officer was first informed of the illness or injury;

(f) The nature of the decease and/or

injury;

(g) When the deceased was last seen before his death by the Chief Medical Officer or medical subordinate;

(h) When the prisoner died;

(i) An account of the appearances after death, together with any special remarks that appear to the Medical Officer to be required; and

(j) Probable cause of death etc.

(2) The report of death shall forthwith be sent to the Superintendent and the Inspector General of Prison by the Medical Officer.

(3) Intimation of all deaths, including the deaths of children who reside with prisoners, occurring from whatever cause in the prison, shall be sent by Superintendent to,—

(a) The Secretary, Home Department of

the Government of Goa;

(b) The Registrar General, High Court of Bombay at Goa (if appeal is pending before High Court of Bombay at Goa);

(c) The concerned court;

(d) Chief Judicial Magistrate/Judicial

Magistrate First Class;

(e) The Director General Police, Goa;

(f) The Station House Officer of the

concerned Police Station, Goa;

(g) The Station House Officer, Police Station of the residential address of the deceased;

(h) The Station House Officer concerned;

(i) The District Magistrate of the

concerned district.

(4) The information shall also be given to

the following, namely,—

(a) The Registrar General, National

Human Rights Commissions;

(b) Secretary to the Minister, In-charge

of prisons;

(c) The Inspector General of Prisons,

Prisons Headquarters; and

(d) The Chief Medical Officer, Goa

prisons.

(5) The Superintendent shall immediately report the matter to the local Police and Chief Judicial Magistrate/Judicial Magistrate First Class, within whose local jurisdiction the death has occurred, for conducting inquiry as per the relevant provisions of the Code.

Death of prisoners transferred on ground

of health – filing of returns

530. 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 TB 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.

Registration of birth or death in prison

531. The Superintendent of Prisons 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 (Central Act XVIII of 1969).

532. 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.

(3) When a foreign prisoner dies in prison immediate report shall be sent to the District Magistrate of the district and the Inspector General of Prisons 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 undertrial 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.

Report by Superintendent

533. If the death of a prisoner has occurred, the Superintendent shall make a detailed investigation of the circumstances connected with the case with a view to determine any laxity or negligence on the part of any official in discharge of his duty, or any shortcoming or lacuna in functioning of prison administration which resulted into such death. This repor t shall be for warded, immediately to the Inspector General, without awaiting findings of Magisterial Inquest, who shall take action where deemed proper against the delinquent official(s) or to remove lacuna or shortcoming, as the case may be.

534. The body of the deceased prisoner or the deceased child of the prisoner shall be kept for inspection and orders of the officer holding the inquests.

Post-mortems

535. The post-mortems shall be conducted in the Government hospital having such facilities, as per directions of the Inquest Magistrate.

Report on death of prisoners

536. 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. Reprots made by the713 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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. The post-mortem examination shall be video-graphed as per the guidelines of the National Human Rights Commission.

537. Action on the Magisterial Inquest.— In case the magisterial inquest discloses that the death was due to un-natural causes or foul play or under suspicious circumstances, the Superintendent shall, forthwith, send a copy of the inquest report to the Police of the area for registering an appropriate case against delinquent person(s).

538. Action on disagreement with the Magisterial findings.— In case the Prison Administration differs with the findings of the magisterial inquest, the Inspector General shall make a report to the Government giving detailed reasons for differing with the finding of the magisterial inquest. The Government shall decide the action to be taken thereon.

539. Death caused by disease.— If the probable cause of death of a prisoner is because of some disease which is likely to take an epidemic shape, immediate action shall be taken by the Superintendent, in consultation with the Medical Officer in- charge, so that every preventive step is taken to stop spreading of such disease.

540. Report to National Human Rights Commission.— The record of each death should be properly maintained by the Superintendent and Prison Headquarters. The intimation regarding the death in prescribed proforma should be sent to the National Human Rights Commission and the Government within twenty four hours of the death.

541. The relatives of dead prisoner, if poor, may be paid a reasonable amount, the maximum limit of which shall be decided by Inspector General of Prisons from time to time, for transporting the dead body of the prisoner to their native place or for performing last rites.

Recording of death

542. 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.

Disposal of dead bodies of prisoners

543. 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,—

(1) The body may be handed over to the relatives only after a post-mortem in the hospital, if available. For this purpose it may be kept in the hospital mortuary.

(2) If there is no chance of relatives or friends reaching within reasonable time as decided by Inspector General of Prisons, however, not more than 48 hours, the prison authorities shall dispose of the body in accordance with the Hospital Rules.

(3) 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.

(4) 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 register tally with those on the dead body and furnish a certificate to that effect in the register.

544. The relatives of prisoners, if poor, may be paid a maximum amount of Rs. 5000/- for transporting the dead body of the prisoner to their native place or for performing last rites.

Intimation to inquiring Magistrates and

Police Officers

545. Intimation of all deaths, including that of children residing with female prisoners,714 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 occurring from whatever cause in the prison shall be sent to,—

(1) the nearest Magistrate empowered under sub-section (4) of Section 174 and 176 of the Code of Criminal Procedure, 1973 to hold inquests;

(2) the officer in charge of the police station having jurisdiction, who is required to make a preliminary investigation.

(3) National and State Human Right

Commission within 24 hours of death.

546. The body of the deceased prisoner or the deceased child of the prisoner shall be kept for inspection and orders of the officer holding the inquests.

Report on death of prisoners

547. 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 hospital, in transit from one prison to another or from the prison to an outside hospital, or in an outside hospital. 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.

Indent for clothing and bedding

548. The quantities of clothing and bedding required for hospital use shall be reported in fixed time by the Chief Medical Officer to the Superintendent who shall include them in the general indent as the case may be of prison clothing submitted for sanction by the Inspector General.

Indent for other articles

549. For articles other than diet, clothing and bedding, the Chief Medical Officer shall indent by letter to the concerned authority of the Directorate of Health Services.

Local purchase of medicines

550. In case of exceptional illness and, in order to meet extraordinary demands, the Superintendent of Prisons, on the recommendations of the Medical Officers of the prisons, are authorized to purchase medicines locally after observing necessary formalities as prescribed from time to time. Such purchase shall, in no case, result in unnecessary stocking of medicines and it is the responsibility of the Superintendent, to use his discretion properly and to economize the expenditure.

551. In case of medicines where the validity is about to lapse, the Medical Officer, after proper assessment shall and, in consultation with the Superintendent of Prisons and the Inspector General of Prisons, arrange for their disposal to the best advantage of the Government before the validity lapses. In no case the medicines purchased shall be allowed to deteriorate and become ineffective. In the same manner, hospital equipment not required for use in prisons shall also be disposed off subject to the provisions of rules laid down by the Government.

552. The disposal of other medical articles like clinical waste, medicines whose validity has expired etc., shall be dealt in accordance with norms laid down by the Directorate of Health Services.

Placing Indents for supply of medicines:

553. The Medical Officers in prisons shall forward necessary indents for the supply of medicines to the Medical Stores Depot, if any, and other sources specified from time to time, through the Superintendent of Prisons, duly countersigned by the latter. Such indents shall be the proper assessment of requirements for a year and shall reach the Medical Stores Depot, if any, well in advance in order to give sufficient time for getting the supplies. The indent shall also be prepared to restrict purchases of medicines from the local market to the barest minimum and to avoid715 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 unnecessar y stocking of medicines. Supplementar y indents shall also be forwarded wherever necessary. In all cases, the matter shall be pursued till the receipt of the medicines indented for. In case of delay the matter shall be report to the Inspector General of Prisons for suitable action.

Stock verification by the Superintendents

of Prisons

554. The Superintendent of Prisons shall conduct stock verification of medicines, instruments and equipment in the prison hospitals annually in the first week of January. They shall also do surprise stock checking of medicines and medical appliances in the prison hospitals. All differences between the actual weighments and quantities with those shown in the stock books shall be reported to the Inspector General of Prisons through the District Medical Officer concerned.

Stock verification of medicines and medical

appliances:

555. The Medical Officer shall himself conduct an annual stock verification of medicines, medical appliances in July every year and repor t the differences to the Inspector General through the Superintendent of Prisons. 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 Prisons for necessary action.

556. There shall also be an annual stock verification of these stores by the Addl. Inspector General of Prisons.

Appointment of Attendants and training

of Nursing Orderlies

557. For the purpose of attending to sick prisoner a few educated convicts of good conduct and undergoing long sentences shall be selected by the Superintendents 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 Junior Specialists who, under the direction of the Chief Medical Officer, shall be responsible for conducting such training. The number of convicts employed as nursing orderlies shall ordinarily be in the ratio of one for ever y 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 allowed extra remission and gratuity at the same rate and scale as prescribed for a convict night watchman.

Appointment of prisoners to perform

unskilled tasks at the hospital

558. The Superintendent shall detail sufficient number of convict to perform unskilled tasks 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.

Case Sheet

559. A case sheet and temperature chart shall be placed over every occupied bed showing the required particulars.

Vaccinations of prisoners on admission

560. Every prisoner admitted to prison shall be vaccinated on admission as per the norms laid down by the Directorate of Health Services.

Vaccination Register

561. 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, all attempts to render the operation unsuccessful shall be brought to the notice of the Superintendent.

Medical examination of the members of the

staff

562. Medical examination of the members of the staff may be done at least once a year in consultation with the Superintendent of the prison. Repor ts of such medical examination shall be kept in the office of the Superintendent.

Fortnightly weighing

563. 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.

564. Since no labour is done on Sundays, Sundays shall 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.

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.

Record of weights

565. 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 medical history sheet and weight chart.

566. Before recording the prisoner's weights, it shall be ascertained that the weighing machines are accurate.

Treatment of prisoners losing weight

567. 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 examined with their weight charts for the inspection of the Superintendent and the Chief Medical Officer on the day following the day the weighing is done.

568. 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.

Medical Record Section

569. There shall be a dedicated Medical Record Section created in each prison which should be placed under immediate charge of Medical Record Officer. Medical Record Officer shall be under direct superintendence, direction and control of the Chief Medical Officer. He shall be responsible for safe custody and maintenance of the Records. The Medical Record Officer shall also assist and advise the Chief Medical Officer on all other matters related to the Medical Record Section.

Disposal of Bio Medical Waste

570. The Hospital Bio Medical Waste shall be disposed of in accordance with the standing rules/regulations of the Goa State Pollution Control Board/Central Pollution Control Board.

Check by Chief Medical Officer

571. The Chief Medical Officer shall, as soon as possible af ter the for tnightly 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.

CHAPTER VIII

Contact with Outside World

Reasonable facilities to be allowed for

interviews and letters

572. Ever y prisoner shall be allowed reasonable facilities for seeing or communicating with, his family members, relatives and friends. An undertrial prisoner shall be allowed once in a fortnight, and a convicted prisoner shall be allowed once in a month¹, to have interviews with his family members, relatives and friends. A prisoner may be allowed to write any number of letters at his cost, however Government shall provide four post cards in a month, if he so desires.

573. The same facilities shall be allowed to every prisoner committed to the prison in717 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 default of payment of a fine, for 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.

574. On admission, every prisoner should submit a list of persons who are likely to interview him 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. The number of persons who may interview a prisoner at onetime shall ordinarily be limited to three. The Superintendent may restrict any visitor to conduct interview with any prisoner with justified reasons.

Privileges contingent on good conduct

575. 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 Prison. 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 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 exists a genuine reason for such interview.

576. These privileges of interviews with visitors, and of writing and receiving letters, are contingent to good conduct. These privileges may be suspended or withdrawn by the Superintendent of Prison on grounds of bad conduct.

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.

Superintendent's discretion to grant

privileges at shorter intervals

577. 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 shall, if he thinks it expedient, inform the prisoner about it.

Prisoners allowed to sign power of attorney

578. 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 properties. If aggrieved by the decision of the Superintendent, the convict may prefer an appeal to the Inspector General of Prisons or the authorized jail visiting Judge.

Interview with prisoners in the same prison

or in hospitals outside the prison718 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 579. Subject to the provisions of the above rules, the Superintendent shall also permit inter views between men and women 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.

580. 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,—

(1) The prisoner in the hospital is a

relative and is seriously ill.

(2) The hospital is situated in the same

city or town.

(3) The prisoner is sent under adequate

escort as the Superintendent decides.

(4) The prisoner shall return to the prison immediately after seeing the prisoner in the hospital.

581. 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, 1860.

Superintendent's permission for interviews

required

582. No prisoner shall be allowed to have an interview without the permission of the Superintendent of Prison. Such permission shall be recorded in writing.

583. 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.

Facilities for visitors

584. 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. The Superintendent shall furnish a list of prisoners, who have had no visitors for a period of one calendar year to the Inspector General of Prisons who shall get the reasons for the same verified in the writing.

585. The Superintendent shall arrange for reasonable facilities for visitors such as water, toilet, seating arrangements, fans etc. Moreover adequate facility/infrastructure shall be provided, if required, to disabled visitor or disabled prisoner. The prison authorities shall ensure that approach to the area meant for visitation is disabled friendly.

586. The Superintendent shall display conspicuously, at a notice board outside prison premises, information with regard to,—

(1) Time of registration of visitors;

(2) Time of interview;

(3) Duration of interview;

(4) Schedule of prisoners to be interviewed;

(5) List of articles which are prohibited from

being passed onto the prisoner;

(6) Any other important matter.

Interviews on prison holidays

587. 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.

Time for interviews

588. 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.

Place of interview

589. 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 shall have fibre glass partition with intercom719 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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. However, the Superintendents of prisons may allow well-behaved prisoners to have face-to-face interviews after giving due consideration to security and other related aspects.

590. Interviews with female prisoners shall, if practicable, take place in the female enclosure/ward.

591. 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.

592. 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.

593. The legal advisors may be allowed to meet the undertrials and convicts as and when required on case to case basis for the preparation of an appeal or for procuring bail or for arranging the management of his property.

Prevention of passage of prohibited articles

during interview

594. Screens or wire mesh partitions shall be put up, if necessar y, between the prisoners and the persons interviewing them, to prevent the passage or exchange of any prohibited articles between them.

Interview to take place in the presence of

a prison officer

595. Every interview with a prisoner shall take place in the presence of a 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 prison officer shall be present when female prisoners are interviewed.

596. The procedure for interview shall be

as follows.—

(1) The Superintendent shall ensure that particulars of visitors, before being allowed to visit the prisoner are duly entered in the interview register is maintained for this purpose as specified in Appendix-19.

(2) The Superintendent shall also ensure that identity of the visitor is established reasonably.

(3) The Superintendent shall specify the time of registration of visitors and visiting hours for interviews.

(4) The Superintendent shall ensure that interviews of visitors with security or high risk prisoners are held at a time different from that of general interviews.

(5) Every interview with a terrorist or militant, whether serving a sentence or kept as an under trial prisoner or a prisoner detained under Preventive Detention laws shall take place in the presence of an officer not below the rank of Assistant Superintendent.

(6) Superintendent of Prison shall verify the antecedents of visitors of high risk prisoners whose names have been given by prisoner for interview through Special Cell of Goa Police or NIA or any other agency as the case may be. This will regulate entry of the visitors for interview to the high security prisoners.

(7) Relatives and friends of such prisoners, who desire to interview a prisoner, shall produce a duly authenticated identity documents like a family ration card, voter's identification card, driving license, adhar card, passport or the identity card issued by the Government.

(8) Every visitor shall be issued a photo identity slip establishing his identity and persons accompanying him.

(9) There shall be a visitor registration centre for each prison/prison complex to facilitate visitors in getting their interviews registered.

(10) There should be a tele-booking facility or online facility of registration for interview by the visitors so that they may get their inter view registered up-to one week in720 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 advance. The operator registering the interview shall give a unique number to the visitor and further inform him the date and time of interview.

(11) The staff deployed at the Visitor Registration Centre should be courteous and helpful.

(12) The Visitor Registration Center shall be equipped with all such electronic gadgets so that no entry of prohibited articles, beyond this place, is possible.

(13) An enquiry office shall also be set up, at each Visitor Registration Centre to help the visitors. This office should be prominently situated for access of visitors. Proper arrangement for sitting, water coolers, toilets shall be made for the visiting public.

597. Grant of interview to newly-convicted prisoner.—(1) Every newly convicted prisoner shall be allowed reasonable facilities for seeing or communicating with his relatives or friends with a view to the preparation of an appeal or to the procuring of bail, and shall also be allowed to have interviews, as the Superintendent considers it necessary, to enable him to arrange for the management of his property or other family affairs.

(2) A similar concession may be allowed by the Superintendent in the case of interview with any near relative of any new undertrial prisoner.

Communication with or visit to foreign

nationals

598. If any foreign national is committed to prison, or to custody pending trial, or is detained in any other manner, the Superintendent of Prison shall, immediately inform the Inspector General of Prisons. 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.

599. 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 Prison shall inform the Government of such request from the Consulate. Only on receipt of orders from the Government the Superintendent of Prison 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.

Termination of interview

600. 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.

Duration of interview

601. Ordinarily, the time allowed for an interview shall not exceed half an hour. However, this may be extended by the Superintendent of Prison at his discretion.

Search before and after Interview

602. Every prisoner shall be carefully

searched before and after an interview.

603. In case of any visitor refusing to be searched, the Deputy Superintendent may deny him interview and the grounds of such refusal, with the particulars thereof, shall be entered in the journal.

Powers to refuse an interview

604. The Superintendent of Prison 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. In721 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 every such case, the prison Superintendent shall record his reasons for such refusal in his journal.

605. The Superintendent and the Deputy Superintendent shall frequently visit the inter view enclosures to ensure that interviews are being held properly and no harassment is being caused to the visitors or prisoners.

606. The Superintendent shall also deploy an Assistant Superintendent, outside main gate of the prison, to ensure that the grievances of visitors are given speedy redressal.

Articles to be allowed to prisoners at the

time of interview

607. The visitors can give clothes including under-garments etc. to the prisoners as per the directions issued by the Inspector General from time to time. No prisoner shall be allowed to receive food from his visitors.

Withholding of letters and their disposal

608. Criteria for withholding of letters of

prisoners is as under.—

(1) Prisoners may be allowed to write letters only to their family members, relatives and close friends. Prisoners should also be allowed to correspond with the counsels handling their cases. 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, 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.

(2) There may be no limit on the number of

incoming letters to a prisoner.

(3) 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.

(4) The Superintendent of Prisons 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.

(5) For the purpose of these rules

applications sent by prisoners should not be treated as letters.

(6) 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 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.

(7) 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 Prison, or it may be returned to the sender under intimation to that prisoner. The Superintendent of Prison may, if he deems it necessary, communicate the contents of such a letter to the prisoner.

Procedure as to the delivery of letters

609. The Superintendent shall ensure that no unnecessary delay is caused in delivery and dispatch of letters.

Prisoner may keep letters

610. A prisoner may retain any letter which has been delivered to him under due authority.

Record of letters

611. The Superintendent shall maintain record of all letters sent or received by a prisoner.

Supply of writing materials and other

facilities

612. Writing material, including service post cards, shall be supplied in reasonable quantities to any convict, who has permission to write letter. 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.

613. Prisoners shall be allowed to purchase writing material at their own expenses. All notebooks provided to them should have their pages numbered to keep a check on their misuse and to prevent secret correspondence.

Exclusion for privileges

614. 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 undertrial and civil prisoner

615. Under mentioned facilities should be granted to undertrial and civil prisoners,—

(1) Undertrial and civil prisoners shall be granted all reasonable facilities to interview, or write letters to their family members, friends and legal advisers.

(2) Every interview between an undertrial 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 inter view with any near relative of an undertrial.

(3) Any legal practitioner who abuses the process of interview with prisoners shall be debarred from interview for such time as the Inspector General may direct.

(4) The Inspector General shall also inform the concerned Bar Council regarding the conduct of the legal practitioner, for appropriate action under the law.

(5) When any person desires an interview with an undertrial 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 Prison that he is the bona-fide legal adviser of the prisoner with whom he seeks interview and that he has legitimate business with him.

(6) Any bona-fide written communication prepared by an under trial prisoner as instructions to his legal adviser (i.e. a legal practitioner with 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 Prison.

(7) If such communication is confidential, it shall be delivered without being previously examined, provided that in case of doubt, the Superintendent may, after recording the reasons in writing in his journal, open and examine such communication before delivery.

(8) 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.

Communications from a prisoner who is a Member of the State Legislature or of Parliament723 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 616. 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, shall be immediately for warded by the Superintendent of Prison 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.

Telephonic and electronic communication

617. The Superintendent of Prisons may allow a prisoner the use of telephones or electronic modes of communication on payment, to contact his family and lawyers, from time to time, in accordance with the State Policy. 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 such facilities, the Superintendent shall ensure that such permission is not given to prisoners who have a record of unruly behaviour and bad conduct. No mobile phone is allowed in the prison.

618. The Inmate Phone Call System shall be introduced in all the prisons so that a prisoner may communicate with his family members through telephone as per order issued by Inspector General of Prisons from time to time. The telephone facilities should be available to all the inmates and should be contingent upon the good conduct of a prisoner. This facility can be withdrawn temporarily or permanently if any prison offence is committed by a prisoner during incarceration period or other wise the telephone facility is found to be misused.

619. The prisoners who are involved in offences against the State, terrorist activities, Maharashtra Control of Organized Crime Act, National Security Act, Public Safety Act and other wise involved in multiple heinous offences such as robbery, dacoity, murder, kidnapping for ransom etc., habitual prison rules offenders and who are frequently involved in assaulting co-inmates in the prison shall not be eligible for this facility in the interest of public safety and order. However, the Superintendent of Prison shall be empowered to take appropriate decision in individual case to case basis with the prior approval of Additional Inspector General of Prisons.

620. The Inmate Phone Call System shall contain finger print biometric scanner or latest technology suitable and available so that this facility is not misused and should have 100% conversation recording facilities. The cost of the call shall be borne by the prisoner.

621. The Superintendent shall maintain a

register containing the following columns,

(1) Serial Number and Date;

(2) Name of the prisoner and parentage;

(3) Offence involved;

(4) Place of calling along with telephone

number;

(5) Reasons of calling;

(6) Call duration;

(7) Observation of the Superintendent if

request is declined;

(8) Reasons thereof.

Other amenities relating to prisoners

622. A copy of the rules relating to prisoners shall be displaced in common area of each ward 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 prison building.

Facilities for Appeal shall be explained

623. 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.

624. 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 register and on the history ticket of the prisoner and the prisoner shall 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 the Superintendent or Additional Superintendent at the time of the prisoner's physical verification and report in this regard be sent to the District & Sessions Judge of the respective District.

Superintendent to forward Petitions of

Appeal

625. Under Section 383 of the Code of Criminal Procedure, 1973, an appellant, who is in prison, may present his petition/appeal, and the documents accompanying it, to the Superintendent who shall, thereupon, countersign and forward them to the proper Appellate Court at the Government cost. All such appeals shall always be sent by registered post or through nodal agency i.e. Goa State Legal Services Authority.

Note 1: The Superintendent shall not refuse to forward the appeal of any prisoner whether it is barred by limitation or not.

Note 2: An appeal drafted on behalf of a prisoner should, before dispatch, be read over to the appellant, in the presence of the Superintendent, who shall, if the prisoner approves of the appeal, countersign the documents and cause the official seal of the prison to be stamped thereon.

Note 3: No petition of the prisoner should be

detained by the Superintendent for any reason.

626. Procedure for forwarding petitions praying for suspension of sentence addressed to High Court or the Supreme Court — While forwarding the petitions for suspension of sentence, addressed to the High Court or the Supreme Court, the Superintendent shall annexe with it the Nominal Roll (two copies) of the convict. The Superintendent shall also give factual information, on the points made in the petition, to facilitate the Court for early disposal of the petition.

Application for copy of judgment

627. 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 acknowledgment 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 Prison shall ensure that a reminder for sending a copy of the judgment is sent to the concerned court every week. If the copy of the judgment is not received within one month of forwarding the application to the Court, the Superintendent of Prison shall detail a prison Officer to visit the court personally and collect a copy of the judgment and have it delivered to the prisoner.

Prisoners to be assisted in preferring

Appeals

628. 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 Prison. 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 shall be provided with writing materials and allowed to write his own petition or appeal.

629. If a prisoner cannot write, the Legal Aid Cell attached to the prison shall prepare his appeal petition. The Superintendent shall assist in the preparation of appeal of prisoners to appeal before the period of limitation is expired. A prisoner, whose petition or appeal is written by someone else on his behalf, shall725 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 be given full opportunity of expressing himself and his case shall, as far as possible, be recorded in his own words. Printed forms of appeal petitions shall not be used.

Petition for clemency

630. Every convict shall be at liberty to file a petition, to the Government, for clemency, and shall be accorded reasonable facilities for preparing and submitting such petition. Except in the case of petitions against the execution of sentences of death, all such petitions shall be accompanied by copies of the judgments of the Court of conviction and of any superior court, which may have dealt with the case on appeal.

631. Procedure for disposal of representation/memorandum addressed to high dignitaries by the prisoners.— prisoners may address any representation or memorandum to any authority of the Government and the Government of India. All these representations, if found not objectionable, and in order, be forwarded to the concerned dignitary or authority by the Superintendent. In case the Superintendent is of the view that any representation is objectionable, he shall forward it to the Government for action deemed proper along with his comments.

Special Leave to Appeal

632. The procedure governing the submission of petitions of Special 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 1950. These Rules lay down that a petition for special leave to appeal should be drawn up in the proper form and should be accompanied by the following documents,—

(1) Certified copy of the judgment of the

court appealed from;

(2) An affidavit to the effect that notice of the intended petition for special leave to appeal has been ser ved upon the respondents;

(3) An affidavit in support of the petition as required by Rule 4 of Order XVII of the Supreme Court Rule, 1950;

(4) An application for condonation of delay in filing the petition, if it is presented after the expir y of the period of limitation prescribed by Rule 1 of Order XIII read with Rule 2 of Order XXI;

(5) Certified copies of the judgments of the

lower court.

633. 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 the Supreme Court, in addition to contacting with District Legal Services Authority on continuous basis, for providing of legal aid and assistance to them,—

(1) Undertrial prisoners who are old and infirm, including women who are pregnant or have babies to be nourished;

(2) Undertrials who have spent more than three months in prisons and who have no means to engage a counsel;

(3) Persons arrested on suspicion under Section 41 of the Code of Criminal Procedure Code, 1973 who have been in prison beyond a period of 15 days;

(4) Undertrials who, the Superintendent has reasons to think, have not completed 18 years of age and who should ordinarily be kept away from adults;

(5) 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;

(6) Prisoners or the members of their family, requiring legal assistance in any civil or criminal matters.

634. 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 so726 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 desires, he/she may interview the prisoner with regard to these matters.

635. The provisions which are applicable to petitions for Special Leave to Appeal to the Supreme Court on behalf of the condemned prisoners, shall also apply to such petitions on behalf of other convicts.

Exclusion of time taken in obtaining copy

of judgement

636. 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 judgement 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 (Central Act 36 of 1963).

637. The period allowed under the Limitation Act, 1963 (Central Act 36 of 1963) for filing of appeals to different courts are as follows:

Description of Period of Limitation appeal limitation starts from

(1) (2) (3)

Under the Code of Criminal Procedure Code, 1973

a From a sentence of 30 days the date of death passed sentence by a Court of Session or by High Court in the exercise of its original criminal jurisdiction

b From any other

sentence or any order not being an order of acquittal

(a) to the High 60 days the date of Court

the sentence or order

(ii) to any other 30 days the date of Court

the sentence or order 638. In order to enable the appellate courts to calculate the period of limitation prescribed for criminal appeals under the Limitation Act, 1963 (Central Act 36 of 1963), every appeal petition shall be endorsed with the following notice, signed by the Superintendent of Prison:

"The period requisite for obtaining a copy of the order appealed against to be excluded from the period of limitation under section 12 of Limitation Act, 1963 (Central Act 36 of 1963), was ………… days."

Delay in preparing petition to be noted

639. If any delay has occurred in preparing the appeal or revision petition after the receipt of the copy of judgement, a note of such delay shall also be made on the appeal or revision petition.

Maintenance of appeals registers by the

welfare officer/prison officer

640. The welfare officer/prison officer shall maintain an appeal register. He shall cause the register to be placed before the Superintendent of Prison or Deputy Superintendent as frequently as may be necessary. Starting from the date on which the prisoner expresses his 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 Deputy 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.

641. The Superintendent or Additional 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 Additional Superintendent in these matters. After forwarding the appeals/petitions, the727 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Superintendent shall send reminders to the Clerk/Registrar of the appellate court as under:

Session Court .. once in 15 days

High Court or the Supreme Court .. once in a month

Notice of the date of hearing shall be

communicated to the prisoners

642. 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 notice, on the notice. The notice shall then be attested by the Superintendent or Additional Superintendent and returned to the concerned court.

Personal appearance of the prisoner in the

appellate court

643. 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 cour t for orders. Arrangements shall be made for his/her personal appearance in the court if such permission is granted.

Appeal procedure with regard to persons

convicted by Court Martial

644. No appeal lies from a sentence passed by a court martial under the Army Act, 1950 (Central Act XLVI of 1950). The prisoner has a right to submit one petition only, against the judgement 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 ever y 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 Headquar ters of the concerned Armed Force for disposal.

Record of the result of Appeal

645. In every case in which a sentence is modified or reversed on appeal, the Superintendent of Prisons 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 or the Superintendent.

Procedure when court directs re-trial of a

prisoner

646. If an Appellate Court directs that a prisoner be re-tried and warrant for his release on bail or for his custody pending trial is not at the same time received, the prisoner shall, unless he has a sentence on another warrant to undergo, be remanded to the prison for undertrial prisoners and the Superintendent shall apply to the Court for a warrant for his custody pending trial.

647. In every case in which a sentence is confirmed on appeal, the Superintendent of Prison 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 or the Superintendent.

When a court directs the acquittal of a

convict who is facing other criminal cases

648. If an Appellate Cour t directs the acquittal of a convict who is under custody, also having other criminal cases, subject to direction of the court, he shall be sent to the ward meant for undertrial criminal prisoners.

Communication of Appellate Orders

649. On receipt of an order disposing of an appeal, the purpor t thereof shall be communicated to the prisoner concerned in the presence of the Superintendent or Deputy Superintendent who shall enter on the order728 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 a certificate to the effect that it has been so communicated. Whenever a prisoner has been transferred before the receipt of orders on his appeal, such orders shall be for warded, without delay, to the Superintendent of Prison in which the prisoner is confined.

CHAPTER-IX

Transfer of Prisoners

Reasons and circumstances for transfer

650. Prisoners may be transferred from one prison to another for the following reasons,—

(1) for custody and treatment in a suitable institution in accordance with the classification procedure/lodging policy,

(2) for attendance in court for the purpose

of standing trial or giving evidence,

(3) on medical grounds,

(4) on humanitarian grounds, in the

interest of their rehabilitation,

(5) for post-release vigilance by the Police,

(6) for providing essential services,

(7) on grounds of security, expedincy, etc.

(8) to be nearer to his home district,

(9) to ease overcrowding in a prison,

(10) for other special reasons, if any.

Home State

651. In the case of a prisoner, who has long ceased to have any link with the State of his birth, and who is domiciled in the State where he is imprisoned and where his close relatives live, the latter State may be treated as his home State for the purpose of transfer. This shall be ascer tained from his antecedents, or by enquiries regarding his/ her relatives, before deciding to transfer such prisoner.

Powers of Inspector General of Prisons

652. Inspector General of Prisons has following powers.— (1) Subject to the order and control of the State 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 State.

(2) The powers to transfer any prisoner under sentence of death from one prison to another shall rest with the State Government.

(3) The sanction of the Inspector General of Prisons however shall not be necessary for transfer of prisoners in the following cases, where the Additional Inspector General of Prisons can order such transfer,—

(a) Transfer of prisoners required to give evidence or to undergo trial for an offence in another State;

(b) Transfer of prisoners en-route;

(c) Transfer of prisoner to a classified institution in accordance with a standing order issued for this purpose.

Explanation: Copy of intimation regarding the transfer of a prisoner in the above three circumstances shall, however, be submitted to the Inspector General of Prisons immediately.

(d) Transfer of prisoners on administrative grounds by Additional Inspector General of Prisons to prisons within his jurisdiction.

Transfer of sick prisoners

653. Prisoners may be transferred from one prison to another prison on following grounds,—

(1) No prisoner who is sick shall be transferred except for the benefit of his/her health.

(2) 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 of Prisons for his orders.

(3) 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,729 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 shall if necessary, be supplied to the officer escorting such prisoner.

(4) 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.

(5) 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.

Prisoners convicted in the same case

654. 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.

Transfer of habitual prisoners

655. The Superintendent may apply to the Inspector General of Prisons 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 of Prisons shall order transfer of such prisoners only in special cases, treating every such application on its merit, and after satisfying himself that sufficient reasons for transferring the prisoner exist.

Transfer of young offenders

656. Young offenders (in the age group of 18 to 21) admitted to a prison shall be transferred to a suitable institution for young offenders, under the orders of the Inspector General of Prisons. 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.

Transfer of prisoners convicted by Civil Courts of competent jurisdiction on reciprocal basis

657. Every prisoner convicted by a Civil Court of competent jurisdiction in a State, other than that of his origin, may be transferred to his State of origin, if his unexpired portion of sentence is at least three months at the time of his transfer. He would be moved either to a prison in the district to which he belongs or to a prisoner nearest to his native place. In the case of any such prisoner to be transferred to his native State, the Superintendent of Police and the Probation/Welfare/Rehabilitation Officer of that district of the State shall confirm the fact that the prisoner is native of that district of the State.

Transfer of prisoners belonging to other

States

658. The transfer of prisoners from one state to the other state shall be in accordance with the provisions of the Transfer of Prisoners Act,1950 whether under this rule or under any other rule of this chapter. The proposals for transfer of prisoner, belonging to other State, may be initiated by the Superintendent on his own, or on the request of the prisoner, on the basis of any of the grounds mentioned in the Transfer of Prisoners Act, 1950. For this, the Superintendent of the prison, where the prisoner is confined, shall obtain from the prisoner a written declaration giving details of his address as also addresses of his relatives in his State of origin and send a nominal roll and other documents to the Inspector General of Prisons of that State with the prior approval of the State Government. 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 with the prior approval of the State Government.

Explanation: (i) Due consideration shall be given to the wishes of a prisoner regarding transfer to his home State, unless there are adequate reasons against it.

Explanation: (ii) The transferring State shall bear the cost of transfer of the prisoner. The730 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 cost of maintenance of the prisoner shall be borne by the State of his origin from the date he is received.

Explanation: (iii) The prisoners' property and wages earned by him in the prison till the date of his transfer shall be sent, along with the prisoner, to the prison to which he is transferred.

Explanation: (iv) Convicts of the Goa State transferred to other States to serve remaining part of their sentence shall be governed by the Goa Prisons Rules for all purposes.

Transfer of prisoners convicted by court martial overseas or in India on reciprocal basis

659. Every ex-military prisoner convicted by a court martial overseas, or in India, and confined in any prison, other than a prison in his State of origin, may be transferred to a prison in his State of origin. The Superintendent of Prison, where the prisoner is confined, shall immediately after his admission, send the nominal roll and written declaration of the ex-military prisoner in duplicate to the Inspector General, 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 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 of Prisons 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 Ser vice Estimates.

Transfer of prisoners prior to release

660. Ever y habitual prisoner, police registered prisoner, prisoner ordered to pay a fine, a prisoner required to notify residence subsequent to his release, a person ordered to undergo imprisonment in default of furnishing security for maintaining peace or good behaviour, a prisoner with mental health concerns, and a female or young offender, if confined in a distant 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.

661. 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.

662. This provision 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 home and contains accommodation for his reception.

663. 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.

Transfer of prisoner pending appeal

664. Ordinarily, a prisoner, whose appeal is pending before the Appellate Court against conviction or the period allowed for filing appeal has not expired, shall not be transferred to any prison outside State. Only in rare and exceptional circumstances, such a prisoner may be transferred, with the sanction of the Government.

665. In case a prisoner is transferred under above rule, the prison to which he is so transferred shall be communicated to the Appellate Court.

666. A prisoner, whose appeal is pending before Courts in Goa or he has not filed an appeal or his appeal has already been decided, on receipt of an order of court of competent jurisdiction from outside Goa for production, shall be produced before the Court by the Superintendent.

667. If any communication relating to the appeal of a prisoner, who has been transferred, is received it shall be forwarded, without delay, to the Superintendent of the prison, in which, the prisoner is confined, after recording the same in the Medical Examination Register of the prison from which the prisoner has been transferred.

Transfer of prisoners belonging to other

states

made in red ink in the Convict Register and Register of prisoners to be released. The Superintendent shall forward to the Inspector General of Prisons a nominal roll of such prisoner with an application for his transfer one month before the date on which the transfer is to be effected in accordance with the rules. The Inspector General of Prisons is authorized to order the removal of such prisoner, as required above, and shall pass a formal order sanctioning the transfer in consultation with the Inspector General of Prisons 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 Superintendents 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 is undergoing sentence, is deemed inexpedient; he 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.

(2) Police Registered prisoners for Transfer (or briefly P.R.T. prisoners) belonging to Nepal, Bhutan and other neighboring countries shall be transferred to the prisons in India nearest to their native places, at any time 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. In the case of P.R.T. prisoners belong to Bhutan, Nepal or other countries, such intimation shall be sent to the Governments of these countries through India's Political officers or the Indian Embassy, as the case may be.

669. Ordinarily, a convicted prisoner shall

not be transferred, if he,—

(1) has appealed and the appeal has not

been disposed off;

(2) has not appealed and the time for

appealing has not elapsed;

668. Prisoners belonging to other states may be transferred on following grounds.— (1) 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 State Government concerned as the receiving depot for prisoners removed from the State. A prisoner sentenced to more than three months of imprisonment shall be transferred to a prison in his home district earlier than two months if he 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 Prison 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 to any prison to which he may be transferred. At the same time an entry of the letters "P.R.T.", signifying Police Registered prisoners for Transfer shall be732 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (3) is confined in the default of filing

security; or

(4) is confined in the default of payment of

fine.

(5) a prisoner shall not be transferred, if the medical officer of the prison is of the opinion that he is as ill as to be unable to complete the journey.

(6) infirm convicts shall not ordinarily, be

transferred.

Note: The Superintendent shall bring the circumstances of clause (1), (2) & (3) above to the notice of Inspector General of Prisons, immediately.

Transfer during epidemics

670. Prisoners shall not be transferred while cholera or any other epidemic disease is present in either the transferring or the receiving prison. Transfer along a route where cholera or any other epidemic is prevalent, shall also be avoided as far as possible.

Grounds of re-transfer to be state

671. When a prisoner has been transferred for any special reason by the Inspector General of Prisons, the Superintendent shall, bring to notice the special reason for which the original transfer was made when proposing the re-transfer of such prisoner.

Police to escort prisoners

672. Police escort to the prisoners is given on following grounds.—(1) The responsibility of escorting prisoners rests with the Police. The Superintendent of Prison shall endeavour 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 to the Superintendent of the receiving prison. The Superintendent of the receiving prison shall, however, enter tain 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.

(2) 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.

Application for Escort

673. 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.

674. It shall be the responsibility of the Police to provide escor t to ensure safe custody of the prisoners. In case the police is of the opinion that handcuffing of any of the prisoners is necessary for his safe custody, he shall obtain the prior permission of the Court before imposing the handcuffs.

Precautionary measures

675. Criteria for precautionary measure is

as under,—

(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;

(c) prisoners involved in heinous offences;

(d) prisoners sentenced under section 224 (Indian Penal Code, 1860), and those who are known to have escaped or have attempted to escape in the past;

(e) prisoners who are members of a

criminal gang; and733 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (f) prisoners who are facing charges under sedition, explosive act or other similar acts;

(g) any other important information.

(2) The District Collector, Superintendent of Police and the Superintendent of Prison shall be informed in advance when prisoners likely to attract public attention and cause a stir are being transferred.

Provision of Female Police Constables

676. When a female prisoner is transferred, a 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.

Intimation of prisoners transferred to be

given

677. 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 necessar y, by secure electronic means.

Convict facing trial in outside State

678. A convict who is also facing trial in the courts outside Goa, shall be transferred to the jail of the State in which district the convict is facing trial before the Court. While transferring the prisoners, Superintendent should specifically mention in the letter that convict may be sent back to the prison in Goa after the disposal of outside case/s to undergo remaining sentence in the prison in Goa.

Duty of the Superintendent with regard to

prisoners to be sent to Court

679. When a warrant, for producing a prisoner in a court outside Goa, is received against whom case/cases are pending investigation or trial in Goa, the Superintendent shall produce the prisoner before the concerned court outside Goa, only after taking permission from the concerned court pending trial in Goa and also if there is no clash of production dates with courts cases in Goa. If the accused is not produced before the courts outside Goa, the reasons for not producing shall be immediately conveyed to the concerned court with the request to intimate the next date of hearing and the fact whether he is still required to be detained or has been released on bail. If any prisoner is brought from the Court Goa, then such prisoner should be produced before the concerned Court in Goa for his judicial detention in Goa Prisons, before he is admitted in the prison.

680. After the conclusion of the case/cases against the prisoner in Goa or his being released on bail or convicted in Goa, it shall be duty of the Superintendent to transfer him immediately to the Superintendent of the prison of the area where he has to face trial on criminal charge or produce him before the concerned court. While transferring the prisoner, the Superintendent shall also intimate the concerned Court whether the accused has been convicted, acquitted or released on bail. The concerned Court shall also be requested that after the conclusion of his case before the Court, the prisoner should be sent back to Goa for undergoing imprisonment, in which he has been convicted by Courts in Goa.

Procedure prior to transfer

681. The Superintendent shall, before transferring a prisoner, verify all the entries regarding him and certify on the back of the warrant, the number and date of the order directing the transfer and the date of transfer.

Dispatch of prisoner's property

682. Prisoner's property is transferred.— On the transfer of a prisoner, the 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 counter foil as a token of receipt. The duplicate and triplicate forms,734 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the form signed by the Deputy Superintendent 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 Deputy Superintendent of the receiving prison and handed over to the officer in charge of the escort.

683. If it is found that there is any discrepancy in the cash, jeweller y 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 and outcome of the enquiry would be intimated to the transferred prison authority for further intimation to the prisoner.

Examination of prisoner prior to transfer

684. All prisoners, prior to being removed to any other prison, shall be examined by the Medical Officer. No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him fit for removal.

Documents to accompany prisoners

685. 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,—

(1) his original warrant or warrants duly

endorsed,

(2) a copy of the committing cour t's judgment, if available, the order of any appellate court and of the government on any petition made by the prisoner,

(3) a nominal roll of the prisoner,

(4) his history ticket,

(5) his remission sheet, if any,

(6) his medical case sheet,

(7) Duplicate and triplicate lists of all private properties belonging to the prisoner,

(8) A list of clothing, bedding and other government property sent with the prisoner.

686. On the back of every warrant in which a fine is a part of the sentence, it shall be endorsed whether the fine or any portion there has been paid, and how much proportional sentence has been set-off on account of such payment.

687. The total amount of remission earned by every transferred prisoner up to the end of the preceding month shall be endorsed on his history ticket, remission sheet and on the warrant, and the entries shall be signed by the Superintendent. The 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. The documents shall be sent through a letter addressed to the Superintendent of the transferee state and be serially numbered and in order, as spelt out above. A proper acknowledge of the receipt of the prisoner and his property, along with the documents mentioned as mentioned above, may be obtained and kept on record by the Superintendent of the transferee prison.

Prisoners to be searched before dispatch

688. Every prisoner shall be searched in the presence of the Deputy Superintendent and escort party before dispatch.

Supply of food and clothing on journey

689. Every prisoner, during transit, shall be allowed to wear his private clothing. Whenever the private clothing of a prisoner has been destroyed or soiled, he shall, on transfer, be provided with civilians clothing at Government cost.

Diet of prisoners removed from prison

690. The Inspector General shall, from time to time, fix the scale of diet for prisoners removed under these rules, and the officer in-charge of the escort shall ensure that such prisoner receives diet, as nearly as possible in accordance with such scale. Where the court in which evidence is to be given, is situated at the same station as the prison from which the prisoner is removed, the735 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 officer-in charge of the prison shall supply the prisoner's food.

691. When the Cour t, as aforesaid, is situated outside Goa, the estimated cost of the prisoner's diet, as directed by the Inspector General, shall be paid to the officer- in-charge of Police Escort by the officer-in- charge of the prison.

Duty of the escorting officer

692. The officer in charge of escort shall see that prisoners do not communicate with outsiders and have no oppor tunity 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.

693. 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.

Not to be admitted to Central Prisons en

route

694.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.

Custody of females and juveniles

695. During transit, female and young offenders shall be separated from adult male prisoners.

Search during transit

696. Male prisoners shall be searched by the officer in charge of the escort daily during transit.

Transfer by rail or water

697. 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.

698. 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.

Transfer by road

699. 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.

Transfer of prisoners of exceptionally

dangerous character

700. The prisoners for exceptionally dangerous character who requires extra vigilance for their safe custody shall be conveyed in 'prison vans' only. If prison van is not available, alternative mode of transpor tation may be sent by the Superintendent of Police of concerned district and monitor shall be installed in the prison van.

Procedure if prisoner falls sick

701. If, during such transfer by road, a prisoner becomes so ill as to be unable to continue his journey, he 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 by the officer in charge of the escor ting team to the Superintendent of the dispatching prison and of the prison to which the prisoner was being moved.

Adjustment of expenses

702. With the exception of expenditure incurred by the Police Escort, all expenses connected with the transfer of prisoner shall be borne by the prison administration.

703. The Superintendent of Police shall furnish the prison official-in-charge or the Police Officer, as the case may be, with a Railway pass, on the credit note system, for the prisoners and the prison officials, if one accompanies the prisoners.

Procedure in case of death of a prisoner in

transit

704. 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 shall inform the judicial Magistrate. The Judicial Magistrate shall enquire into the case and submit his report directly to the Inspector General and shall arrange for the disposal of the dead body. The officer in charge of the escort shall also immediately 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.

Procedure if prisoner escapes

705. 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 later 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. A report of the recapture of a prisoner shall be given to the Inspector General and to the Superintendent of the prison where the prisoner was to be transferred.

Admission of transferred prisoners

706. 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.

Verification of lists accompanying prisoners

707. 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.

Facilities in the matter of letter writing

708. Special facilities for writing letters to family, before and after transfer, may be extended to prisoners at the discretion of the Superintendent of Prison. Stationery for the same shall be provided by the prison authorities.

Action when a transfer order cannot be

carried out

709. If an order received for the transfer of any convict cannot be given effect to, owing to illness, release on appeal or other cause, the Superintendent shall inform, in writing, the Inspector General about the reasons why the order was not given effect, and a copy of which, shall also be forwarded to the concerned authorities ordering transfer.

Prison Transport

710. Prison transport shall be modernized and the state of the art transport vehicles shall be procured to facilitate safe, clean, secure and proper transportation of prisoners.

CHAPTER X

Repatriation of Prisoners

711. The procedure for processing 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,—

(1) The request for transfer should be made by the prisoner or anyone acting on his/her behalf voluntarily.

(2) 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.

(3) The prisoner should be undergoing a sentence after being 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.

(4) 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.

(5) At least 6 months period of his sentence should remain for such request to be considered.

(6) 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.

Note: In case Ministry of Home Affairs, Government of India issues further advisories on the same subject, then said advisories shall prevail over the earlier one.

CHAPTER XI

Execution of Sentences

Method of calculating a sentence

712. The duration of a sentence shall be calculated in calendar years, months, fortnight, week or days. The term 'year' means a year according to the British calendar, a 'fortnight' means fourteen days and a 'week' means seven days.

713. 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 of a leap year then the date of his release shall be 16th March.

Serving of sentences

714. 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.

715. 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.

Commencement of, and breaks in,

imprisonment how reckoned

716. 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 subject to provisions of Rule 728 of these rules. 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 days' imprisonment shall be admitted in prison and released on the same day.

Example 1: A prisoner sentenced on 1st January to one month's imprisonment shall be released on 31st January and not on 1st February.

Example 2: A prisoner sentenced on 28th February to one month's imprisonment shall be released on 27th March as the sentence was awarded in the month of February which has 28 days.

Example 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.

717. 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: 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.

718. 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.

Date of release when two or more

sentences run consecutively

719. When a prisoner is sentenced to two or more periods of imprisonment to be served consecutively, the date of release shall be calculated considering both terms as one.

Example 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.

Example 2: A prisoner is sentenced on 1st January to two months imprisonment and a fine of Rs. 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.

Date of release in the case of prisoners

sentenced to imprisonment for life

720. 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.

721. If a sentence of death is commuted to one 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.

Unexpired sentence of an escaped convict

722. 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.

723. 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.

Date of release of prisoners sentenced for

escape

724. 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.

Periods that shall not count towards

sentence

725. In the following cases, the period spent by prisoners outside the prison, known as at large period, shall not count towards sentence,—

(1) Escape.

(2) Bail.

(3) Suspended period of sentence, in accordance with rules relating to parole and furlough.

(4) Unauthorized extension of temporary

release.

(5) Suspended period of sentence if

directed by the court.

(6) Suspension of sentence for police

investigation.

(7) Violation of conditional release.

(8) Extradition.

726. 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.

727. 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.

728. 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 of Prisons 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.

729. 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.

730. 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.

731. 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 undertrial prisoner. If the prisoner is sentenced to further imprisonment, on that very date, the sentence shall be calculated from the following day.

When a foreigner is sentence to a term of

imprisonment

732. If a foreigner, apprehended and detained under Section 14 of Foreigners Act, 1946 (Central Act 31 of 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.

Note: - After completion of sentence by a foreign prisoner he/she maybe shifted in the custody of FRRO to get him deported to country of his origin, if not required in any other case in India.

Calculations of date of release on re-arrest

and recapture of prisoner

733. 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;

734. 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 shall elapse, counting from the date of conviction, shall be the date of expiry of sentence.

Example: A prisoner sentenced on 1st Januar y to one month's imprisonment escapes on 15th January and is re-captured on the 16th. He will be entitled on the original warrant to be released on the 2nd February.

735. If a convicted prisoner, who has been released on bail, commits an offence during his bail period and is readmitted to the prison,740 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the at large period shall be counted up to the date of the orders issued by the court concerned regarding cancellation of bail and taken into custody in that case.

Convicts sentenced to simple imprisonment

736. Conditions subject to which prisoner may perform labour.— (1) A prisoner sentenced to simple imprisonment, volunteering to work, may be allowed to choose such work as is made available by the Superintendent.

(2) Such prisoners shall not be punished for neglect of work. However, if he is persistent in neglect of work, the permission granted under sub-rule (1) may be withdrawn.

(3) If he expresses a desire in writing, at any time, to cease work, he shall be permitted to do so.

(4) If he chooses to labour, he shall be

required to wear the prison uniform.

737. General discipline.—

(1) The prisoners sentenced to simple imprisonment shall be subject to same disciplinary restrictions as applicable to other prisoners.

(2) They shall clean their own wards and wash their own clothes and shall keep their clothes and bedding neatly arranged and folded.

(3) They shall remain in the part of the prison assigned to them and shall not wander about the prison, nor enter the labour yards or worksheds.

738. Prisoners sentenced to simple

imprisonment.—

(1) The prisoners sentenced to simple imprisonment shall, as far as possible, be kept separate from other prisoners.

(2) Be required to par ticipate in all correctional and cultural activities of the prison, such as education, vocational training, moral instructions, games, entertainment etc.

(3) Military prisoners sentenced to simple imprisonment shall not be permitted to wear military uniform, while in prison. If such a prisoner has no clothing in his possession other than uniform, he shall be provided, at Government expenses, with the clothing provided for his class.

Prisoners sentenced to fine

739. Prisoners sentenced in lieu of fine only shall not be entitled for benefit of section 428 of the Code of Criminal Procedure, 1973.

740. Fine register— In prison a fine register shall be maintained indicating the details of fines paid by the prisoners.

741. Authority to receive fine.—

(1) The Superintendent and the Deputy Superintendent may receive fines at the prison and the amount of fine received shall be accounted for in the Cash Book. A receipt shall be issued to the prisoner in this behalf.

(2) The Superintendent shall deposit the fine amount with the Cashier within twenty- four hours or on the next working day. It shall be the duty of the Cashier to ensure that the fines received in the prison are properly accounted for and deposited in the Treasury in time. The Superintendent shall obtain a receipt, in the prescribed printed form from the Cashier in respect of the fines being deposited with him. The receipt shall be pasted in the convict register.

(3) The Superintendent shall ensure that the entire amount of fine received by him or the Deputy Superintendent has been deposited, in time, with the Cashier. The Superintendent shall cause there conciliation of the Cashier's accounts with the amount of fine received by him or the Deputy Superintendent.

(4) The Superintendent shall ensure that all amounts received by the Cashier are duly deposited in the Treasury in time.

742. General discipline.— The prisoners sentenced in lieu of fine shall be subject to the same discipline as shall be applicable to other convicted prisoners.

Calculation of sentence of imprisonment in

default of payment of fine741 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 743. Sentences awarded in default of payment of fine shall be calculated as follows,—

(1) Sentences imposed in default of

payment of fines cannot run concurrently;

(2) 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.

(3) 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 par tially 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 of fine 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.

(4) 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.

(5) 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.

(6) 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.

(7) When a prisoner is sentenced to fine and the fine is paid in instalments, 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 Rs. 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 Rs. 100 the date of release shall be first fixed742 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 at 31st October (six months plus four months as equivalent of the fine unpaid), or if he afterwards pays another Rs.100 the date will be changed to 31st August and on his paying the entire amount of the fine, to 30th June.

(8) 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.

(9) A prisoner shall not be given benefit of section 428 of Code of Criminal Procedure, 1973 for the sentence in-lieu of fine. The sentence of fine shall not run concurrently with other sentences of fine.

Payment of fines to prison

744. 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 prison 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.

Liability of prisoner in payment

745. 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 Prison shall accept the whole fine, if tendered, even though a part of the alternative imprisonment has been undergone.

Intimation of payment of fine

746. When fines imposed on prisoners are recovered by a court, intimation of the same should 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.

747. Prisoners to be informed.—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. Electronic communication in any form 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.

748. 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 or the Additional Superintendent. A separate Inward Register for the receipt of the fine intimation shall be maintained.

Imprisonment in default of giving security

plus a substantive sentence

749. 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, 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 is743 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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 af ter the expir y of the substantive sentence.

750. 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 in a sum of Rs. 25 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.

751. 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 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 1973, and 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.

752. 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 intimation that the security has been furnished.

753. 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 behaviour 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.

754. 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 specifically 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.

755. 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.

Illustrations

(1) When a sentence of a prisoner is reduced/modified by the Appellate Court including the fine sentence, the sentence in default of fine shall be counted/started just after the expiry of the modified substantive sentence and not from the date of decision of the Appellate Court.

Example: Court on 1st Jan 2017 awards 1 year sentence and Rs.1000/- fine in default 2 months simple imprisonment and appellate court modifies the substantive sentence on 1-8-2017 to 6 months and maintains the fine sentence, then the date of release will be:-

Date of Sentence : 01-01-2017

Term Sentence : 01 Year

Date of Release : 31-12-2017

Fine Sentence in default : 02 months

Date of Release : 28-02-2018

Appellate Court modifies it to:

Date of Sentence : 01-01-2017

Modified sentence : 06 months

Date of Release : 30-06-2017

Fine Sentence: 02 months

Date of Release : 30-08-2017744 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (2) In case of multiple (consecutive) sentences, the sentences shall be executed/ run according to their date of sentence.

Example: Two sentences are awarded to a prisoner – first sentence pronounced on 1-1-2017 for 1 year and second sentence of 10 years on 1-3-2017, then 10 years sentence shall start after the expiry of the first sentence.

(3) In case a prisoner sentenced in two different cases on the same day for same term of sentence, which shall not run concurrently, the sentences awarded shall run according to the date/year of offence i.e. FIR No./year wise.

Example: If a prisoner is sentenced in two cases on 1-1-18 in case FIR 70/15 and 50/16 for a period of 2 years each, then the sentence of case FIR 70/15 shall run first.

(4) When a prisoner's sentence is reduced/ modified to the period already undergone by a appellate court, the fine sentence shall also be presumed as undergone unless any specific order regarding fine sentence is made.

(5) A prisoner sentenced to life imprisonment on 3-12-2013 and was facing trial in another case. On 7-8-2015, he has been bailed out, on appeal by the appellate court. He secured bail in the second case, he was facing trial on 11-12-2015. The period spent by the convict from 7-8-2015 to 11-12-2015 shall not be treated as period spent in the first case in which he was serving sentence.

Procedure when sentence is suspended

756. 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.

757. Should the appellant be ultimately sentenced to imprisonment or imprisonment for life, the period during which the original sentence was suspended shall,—

(1) if passed while the prisoner in prison, be

included, and

(2) If passed when the prisoner was at large, be excluded, in computing the term for which he is sentenced by the Appellate Court.

When retrial is ordered

758. 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.

759. If a convicted prisoner is to be handed over to police for the purpose of investigation, Court orders are necessary. For the purpose of counting sentence, period spent in the police custody shall not be counted towards sentence in the previous case. The sentence be deemed to be suspended for the period spent in police custody.

Procedure when a sentence is modified or

reversed on appeal

760. When a sentence on a prisoner is reversed or modified on appeal by a court, other than the High Court, a fresh warrant shall be issued by the Appellate Court to the officer in charge of the prison and such order shall also be communicated to the lower court.

761. 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 judgement of the appellate Court.

762. 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 shall 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.

763. 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.

Procedure when a sentence is confirmed

764. When an appeal is rejected, or a sentence is confirmed by an Appellate Court other than the High Court, intimation to that effect shall be sent to the officer in charge of the prison by such Appellate Court and such order shall also be communicated to the lower court for record.

765. 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.

766. In cases referred by the Cour t of Sessions for the confirmation of a sentence of death by the High Court, the High Court shall send a copy of its order to the Court of sessions which shall then issue warrants to the officer in charge of the prison.

Prisoner shall be informed of the result of

his appeal or application

767. In all cases the Superintendent of Prison 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.

Calculation of sentence modified on appeal

768. When an Appellate Cour t 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.

Effect of annulling the first of two sentences

769. 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;

770. When separate sentences have been passed in separate trial and the sentences run consecutively under section 427 of the Code of Criminal Procedure Code, 1973, the operation of the second sentence shall, 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 on 1st 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 release on 31st December.

(2) A prisoner is sentenced on 1st July to six months imprisonment and on 1st August 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.

771. If however an appeal is also filed in the second case, it shall 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.

772. 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.

When an Appellate Court annuls a sentence

and orders retrial

773. When an Appellate Court annuals 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 furnished at the same746 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 time. 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.

Judicial Solitary Confinement

774. Condition to be complied with in executing sentence of solitary confinement,- (1)

(a) When a prisoner is placed in a cell, the number of the cell should be given in the history-ticket against the entry.

(b) The total confinement undergone on warrant should be shown in the history ticket at a separate entry on each occasion the prisoner is removed from such confinement.

(c) On the discharge of prisoner from jail, an entry should be made in the concerned register showing the total amount of solitary confinement undergone as per warrant.

(2) No prisoner should be placed in solitary confinement until the medical officer certifies on the history-ticket that he is fit to undergo it.

(3) Prisoners sentenced to solitary confinement should ordinarily divided into four gangs; each gang should be placed in cells for a week at a time, so as to utilize the cells to be fullest extent and at the same time comply with the requirements of Sections 73 and 74 of the India Penal Code, 1860.

(4) A prisoner, who is unfit at the time he would ordinarily be confined, should be placed in a cell at a subsequent date if the conditions imposed by Section 74 of the India Penal Code allow it.

(5) The execution of a sentence of solitary confinement need be postponed on account of an appeal having been lodged.

(6) Every prisoner undergoing solitary confinement shall be visited daily by the Medical officer.

(7) Any prisoner undergoing solitar y confinement shall, under the orders of the Medical Officer on the ground that continuation of such confinement would be likely to prove injurious to mind or body, be forthwith removed from the cell or place in which he is confined. The Medical Officer shall make a record of the order in his journal.

(8) If a prisoner sentenced to solitar y 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.

(9) The declaration should be recorded in

the history-ticket and the warrant.

775. Solitary confinement when to be undergone.— If a prisoner is sentenced under two or more separate warrants, any period of solitary confinement awarded can only be given effect to during the time the sentence of which it forms a part is being executed.

776. Endorsement on warrant of solitary confinement undergone.— On the expiration of the sentence of every prison awarded solitary confinement by the committing court, the endorsement on the warrant by the Superintendent, certifying to the execution of the sentenced shall state the total period of solitary confinement the prisoner has undergone, and if any portion has not been executed the reason should likewise is stated.

CHAPTER XII

Prisoners Sentenced to Death

777. Chapter Definitions.— For the purposes

of this chapter,—

(1) "Prisoner" means a prisoner who is

sentenced to death.

(2) "relative" in relation to a prisoner means spouse, children, grandchildren, parents, grand-parents, parent's brother or sisters, parents-in-law, grandparents-in-law, brothers or sisters of spouse, children of brothers or sisters and children of brothers or sisters of the spouse;

Search of prisoners sentenced to death on

admission

778. On admission of a prisoner in a prison the Superintendent shall report the admission to the State Government.

779. The Superintendent shall also report to the State Government the date fixed for his execution by the Cour t of Session on confirmation of the sentence of death by the High Court, and solicit orders of the State Government regarding stay of his execution.

780. On admission a prisoner shall be thoroughly searched by the Deputy Superintendent or by order of the Deputy Superintendent as provided in Section 30 of the Prisons Act, 1894. A female prisoner shall be searched by a female Deputy Superintendent or under her orders, by a Matron. In the absence of a female Deputy Superintendent or Matron, such search may be made by any other suitable female or by a Female Guard an Convict Officer as ordered by the Deputy Superintendent.

781. Subject to the provisions of Section 30, all private property shall be removed from the prisoner.

782. On admission of the prisoner under sentence of death, the Medical Officer in- charge shall.—

(1) Take height, weight etc. The prisoner shall be medically examined by the Medical Officer in-charge who shall record his observations in medical record book.

(2) Enquire from female prisoner under sentenced to death, whether she is pregnant, or otherwise, and get her statement recorded and signed.

Issue of Articles on Admission

783. The Senior Deputy Superintendent shall ensure that the following articles are issued to a convict; on his admission to a prison,—

(1) a pant without cord;

(2) two all wool blankets or two cotton wool blankets, one for spreading and another for coverage;

(3) a pot, plate and a mug of thin light

aluminium;

(4) A thin Kasti may be issued to a Parsee

convict.

784. Two Kurta-pyjamas/salwar kameez without cord and bodices may be issued to a female prisoner.

785. A Sheet as specified in Appendix –20 shall be maintained by the Superintendent for every convict.

786. Confinement in cell in special yard.— (1) Every prisoner means to be under a finally executable death sentence where all legal remedies are exhausted shall, 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 Prisons Act, 1894.

(2) The prisoner sentenced to death can remain in company of other prisoners till all legal remedies are exhausted and shall avail all rights and facilities like education, legal, sports, canteen, interviews, labour, remission etc. that are available to other prisoners.

(3) The death sentence prisoner shall be provided his prison record and medical record, if requested by him.

787. Prisoner sentenced to death shall be kept in a cell apart from other prisoners under day and night surveillance. But even here, unless special circumstances exists, he must be within the sight and sound of other prisoners and be able to take food in their company.

788. 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.

Cell to be examined

789. Every cell in which the prisoner is to be confined, shall, before such prisoner 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.

790. When there are two or more condemned prisoners confined in a prison at the same time, in cells situated at some distance from one another, a separate guard748 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 shall be posted for each cell. However, if the cells are contiguous one Warder shall be posted to guard a maximum of four such prisoners. For any number of cells in excess of four, an extra guard shall be posted even when the cells are contiguous.

791. With two rows of cells facing and within a reasonable distance of each other, one Sentry may be given charge of up to four cells on one side and four on the other.

792. 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.

793. The Sentry guarding these cells shall

be relieved every two hours.

794. From sunset to sunrise a good light shall be kept on in front of the grated door of every cell in which a condemned prisoner is confined, so that he may, at all times, be under close supervision.

Guarding

795. 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.

796. A guard shall in no case be given more than two hours duty at a stretch. The strength of the guards may be adjusted accordingly.

Note: when required, the Superintendent

may appoint extra prison guards.

797. Every guard shall be equipped with a regulation baton and shall be so posted that the prisoner shall be under continuous watch. He should not be armed with a firearm, bayonet or any sharp weapon. 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. A prisoner shall not be taken out of his cell unless the requisite numbers of guards are present.

798. If the guard on duty notices a prisoner attempting to commit suicide he shall raise alarm for help and enter the cell.

799. The special guard in whose charge the prisoners is put shall allow no one to approach the cell or communicate with the prisoners in any manner except the Superintendent of Prison and any other officer authorized by the Superintendent in that behalf.

800. A prisoner 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 of Prisons and Additional Inspector General of Prisons.

Observation

801. The prison officer in-charge should carefully observe the behaviour of the prisoner with special focus on his mental status.

802. The notes of psychological observation kept by the Deputy Superintendent should be checked daily by the Superintendent who should ensure that the data required for the compilation of the notes is collected by a Deputy Superintendent 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.

803. A copy of the case history and psychological notes shall be sent by the Inspector General to Government immediately on receipt together with his own remarks thereon if any. Such record may prove useful for psychosocial study and research purposes.

Search

804. Prisoner under sentence of death shall be thoroughly searched in the presence of the Deputy Superintendent on charge, i.e. (1) immediately on opening of the cell in the morning when guards on duty are changed and before lockup; and (2) every time he is taken out of or is returned to his cell.

Restriction on removal

805. Prisoners sentenced to death shall not be removed to the prison hospital for treatment without the special sanction of the Additional Inspector General of Prisons.

Provided that the Superintendent may, however, order the removal of the 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 immediate treatment in the prison hospital. 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.

Special treatment

806. The Superintendent is authorized to issue suitable diet to prisoners sentenced to death after consultation with the Medical Officer.

807. A prisoner may, on the recommendation of the Chief Medical Officer/ Medical Officer in-charge, be allowed exercise in open air and within the prison walls, morning and evening, under the care of the guard. If the Superintendent considers it expedient so to do, the prisoner sentenced to death may be handcuffed, when he is taking exercise.

808. 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 of Prisons.

Interviews

809. 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.

810. The Deputy Superintendent shall before granting inter views, ensure that all precautionary and security measures are taken before hand.

811. 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.

812. 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 him to be summoned more often for adequate reasons to be recorded in the history ticket of the prisoner.

Facilities

813. A prisoner sentenced to death may be allowed the following facilities with the approval of the Superintendent of Prison,—

(1) Religious books.

(2) Religious pictures.

(3) Rosary and essential religious emblems

subject to security requirements.

(4) Newspapers and books.

814. The Superintendent is authorized to incur expenditure up to an amount to be fixed by Inspector General 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.

815. The Inspector General of Prisons may allow fur ther expenditure on a prisoner sentenced to death in urgent, compassionate and deserving cases.

Observation

816. A Case Histor y as specified in Appendix–21 shall be compiled in respect of each convict.

Insanity

817. 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,750 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the circumstance shall at once be reported to Government, through the Inspector General of Prisons under intimation to the Additional Inspector General for orders along with the following documents,—

(1) The Nominal Roll of the prisoner.

(2) A copy of the warrant under which he is

confined (in duplicate).

(3) The Medical Officer's certificate in the

prescribed form.

(4) The medical history sheet (in duplicate).

Note: A copy of the judgement should also

be sent as soon as possible.

818. If Government orders the appointment of a Special Medical Board, for the purpose of examining the mental condition of the prisoner, 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.

819. The Superintendent and the Chief 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 prisoner including serological tests and for observation of the prisoner without his knowledge.

820. 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 prisoner through the police or other sources and place it at the disposal of the psychiatrist or Civil Surgeon.

821. Where State Government orders appointment of Special Medical Board for examining the mental condition of the prisoner under any relevant State rules, the Superintendent shall obtain the history of such prisoner from institutions or individuals with whom he has had contacts. The psychiatrist under whose observation the prisoner 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 prisoner shall be obtained either from records or from eye-witnesses including the officer who arrested him. For the purpose of an estimation of the prisoner's 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.

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 especially interested and the information supplied by them shall be used with the greatest care.

822. As soon as the Medical Specialist or Civil Surgeon, as the case may be, 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.

823. 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.

Pregnancy

824. Where a female prisoner 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 taken751 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 under Section 416 of the Code of Criminal Procedure, 1973.

825. 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 State Government through the Inspector General of Prisons for postponing the date of the execution. If the Medical Officer confirms the fact of pregnancy, the provisions of paragraph shall apply.

826. 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 State Government for which the Superintendent shall apply immediately through the Inspector General of Prisons.

Appeal facilities

827. Immediately on receipt of a warrant of execution from the convicting court, consequent of the confirmation by the High Cour t of the sentence of death, the Superintendent shall inform the prisoner that if he wishes to appeal to the Supreme Court or to make an application for special 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.

828. If the prisoner so desires, the Deputy Superintendent, shall at once get his appeal prepared for him through Nodal agency i.e. Goa State Legal Services Authority and it shall be filed before the appropriate cour t accordingly.

829. 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 the prisoner, 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 (prisoners) and not only in the case of the person or persons by whom, or on whose behalf, the appeal or the application is made.

Petition for mercy - role of prison authority

830. 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 prisoner concerned has made no previous petition for mercy, the Jail Superintendent shall forthwith inform him (the prisoner) 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.

831. A prisoner 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 the752 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Supreme Court or for lodging an application for special leave to appeal to it, expires. On expiry of such time, if the prisoner has made no previous petition for mercy, it shall be the duty of the Jail Superintendent to inform the prisoner 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.

832. If the prisoner submits a petition within the period of seven days prescribed under Rule 831, it should be addressed to the Governor of the State and the President of India. The Superintendent of the Jail shall forthwith dispatch it to the Secretary to the State Government in the Department concerned, together with a covering letter reporting the date fixed for the execution and shall certify 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 the dispatch of the petition, the Superintendent shall by express letter (fax/ email/special messenger) to the Secretary to the State Government in the Department concerned, drawing attention to the fact, but he shall in no case carry out the execution before the receipt of the State Government's reply.

833. If the prisoner submits a petition after the period prescribed under Rule 831, the Superintendent of the Jail shall at once forward it to the State Government by fax/ letter/email/special messenger 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 shall 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 State Government and at the same time by fax/letter/email/special messenger inform the substance of it, giving the date of execution and stating that the sentence should be carried out unless orders to the contrary are received.

Note: If any person has been sentenced to death by Court Martial, then any such petition shall be addressed to the President of India and forwarded through the Government of Goa to the Government of India for consideration.

834. 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/ email/special messenger/letter to the State Government and ask for its orders and to defer execution till they are received. In such instances, assistance of the District Legal Services Authority should be sought.

835. The Superintendent shall at once revert back to the Home Secretary to the State Government of the Department concerned all correspondence communicating orders to him regarding petitions for mercy, by way of acknowledgment of their receipt.

836. Legal aid should be provided to the prisoner at all stages even after the rejection of a mercy petition. Hence, Superintendent of Jail is directed to intimate the rejection of mercy petitions to the nearest Legal Aid Centre apart from intimating the prisoner.

837. Prisoner sentenced to death is entitled as a right to receive a copy of the rejection of the mercy petition by the President and the Governor.

838. Mental Health Evaluation.—As it is quite possible that some death row prisoners might lose their mental balance, there should be regular mental health evaluation and appropriate medical care should be given to those in need.

839. 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 the753 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 prisoner before a Medical Board for a comprehensive evaluation and shall forward the report of the same to the State Government for further action.

840. 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.

841. 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.

842. Post-mortem reports.— Af ter the execution of death penalty, post-mor tem would need to be mandatory performed to ascertain the exact cause of death.

Petition for mercy –Action by Government

843. If the prisoner submits a petition within the above period, it shall be addressed to the Governor of the State and the President of India. The execution of sentence shall in all cases be postponed pending receipt of their orders.

844. The petition shall in the first instance be sent to the State Government for consideration and orders of the Governor. If after consideration it is rejected it shall be forwarded to the Secretary to the Government of India, Ministry of Home Affairs.

845. If it is decided to commute the sentence of death, the petition addressed to the President of India shall be withheld and an intimation of the fact shall be sent to the petitioner:-

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 State Government but shall forthwith be forwarded to the Secretary to the Government of India, Ministry of Home Affairs.

846. If the prisoner submits the petition after the period prescribed by Rule 832 above, it shall be within the discretion of the State Government to consider the petition and to postpone execution pending such consideration and also to withhold or not to withhold the petition addressed to the President. In the following circumstances, however, the petition shall be forwarded to the Secretary to the Government of India, Ministry the Home Affairs,—

(1) if the sentence of death was passed by an Appellate Court on an appeal against the prisoner 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

(2) when there are any circumstances about the case, which, in the opinion of the State Government, render it desirable that the President should have an oppor tunity 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.

847. In all cases in which a petition for mercy from a prisoner is to be forwarded to the Secretary to the Government of India, Ministr y of Home Affairs, or the State Government, the petitioner 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. In the case of other States, the Government of the State concerned shall, if it had previously rejected any petition addressed to itself or the Governor, also forward a brief statement of the reasons for the rejection of the previous petition or petitions.

848. 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, if754 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the petition is rejected, the orders shall be communicated by express letter and receipt thereof shall be acknowledged by express letter. Orders commuting the death sentence shall be communicated by express letter, receipt thereof shall be acknowledged by express letter.

849. A petition submitted by the prisoner shall be withheld by the Government of the State, 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.

850. Petitions for mercy submitted on behalf of the prisoner 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 prisoner 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 prisoner himself shall also be informed of the submission of any petition on his behalf and of the orders passed thereon.

851. 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 prisoner, 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.

852. 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 State Government concerned, shall for thwith communicate by fax/letter/e-mail/special messenger to the Government Advocate, Ministry of Law, and also to the Secretary to the Government of India, Ministry of Home Affairs,—

(1) the name of the prisoner under

sentence of death, and

(2) particulars relating to the appeal or

the application.

853. 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 Cour t 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 prisoner, 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 State 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.

854. If an appeal or an application for special leave to appeal has been lodged in the Supreme Court on behalf of the prisoner, the Government Advocate, Ministry of Law shall intimate the fact to the State Government and also to the Secretary to the Government of India, Ministr y of Home Affairs. The Government Advocate shall keep the aforesaid authorities informed of all developments in the Supreme Court, in those cases which present755 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 unusual features. In all cases, however, he shall communicate the result of the appeal or application for special leave to appeal, to the State Government, by express letter, endorsing a copy of his communication to the Secretary to the Government of India, Ministry of Home Affairs. State Government shall forthwith acknowledge the receipt of the communication received from the Government Advocate in each case. The execution of the sentence of death shall not be carried out 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 prisoner sentenced to death.

855. Minimum period of execution of death sentence.— A minimum period of 14 days is 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 prisoner to prepare himself and settle his affairs and meet his family members for one last time or to avail any judicial remedy.

Communication to have special marking

856. The words 'Death Sentence' should be inserted before the address in communication relating to capital sentence.

857. In all cases receipts of orders communicating the rejection of petitions shall invariably be acknowledged by registered letter. The orders of Government postponing the execution shall immediately be acknowledged by fax/letter/e-mail/special messenger or any other acceptable mode of communication.

858. A distinctive red envelope with the words 'Death Sentence' and 'Immediate' marked on the top left and right hand corners 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,—

(1) shall note the time and date of receipt of the communication in the receipt register, and

(2) shall immediately place the communication before the Superintendent, or in his absence the officer next below him, for orders.

859. The Superintendent shall see that prompt reply and acknowledgment 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 and well in advance of the time fixed for execution of the sentence.

Action on final confirmation of death

sentence

860. The State Government shall fix the date of the execution of a prisoner if his Mercy Petition is rejected.

861. On receipt from the Trial Court of the final confirmation and the date of execution of a prisoner,—

(1) The prisoner if he so desires then his relatives shall be informed, about the date of execution by the Superintendent, sufficient time before the execution.

(2) The prisoner and his relatives, if they so desire, the prison authorities shall facilitate their final meeting.

(3) The prisoner, if he so desires, be permitted to prepare his will in accordance with his wishes, his statement to that effect shall be recorded by the Deputy Superintendent/Superintendent

Execution of death sentence

862. All executions shall take place at the prison to which the warrant is directed, unless expressly ordered otherwise in the warrant.

They shall usually be carried out in a special enclosure attached to, or within the walls of the prison. No prisoner shall be executed on a day which has been notified as a public holiday.

Postponement on medical grounds

863. The execution of a prisoner 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.

864. The Superintendent shall at once submit to the Inspector General of Prisons 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.

Delay in capital sentence

865. 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.

866. In the event of final orders from the Government, to carry out execution, being received after the date fixed for execution by the Sessions Judge, the Superintendent shall get a revised date of execution from the District & Session Judge, not more than a week later than the date on which such orders actually reach him so as to complete formalities, e.g. summoning of relatives and friends to bid farewell, the making of a will etc., being observed in due order and without precipitation. The date so fixed should be

intimated to Government while

acknowledging the orders of execution.

867. When final orders are received by the

Superintendent from the District & Session

Judge to carry out execution, the

Superintendent shall comply with the orders,

provided such date has not elapsed at the time

he receives final orders. If this has expired, the

Superintendent shall take action as provided

under Rule 866.

Witnessing the execution of death

868. Prisoners shall never be made to attend

an execution.

Arrangement for execution

869. 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 of Prisons, the Sessions

Judge and the Government.

Note: The execution shall take place early

in the morning before it gets bright. The latest

time of the day for different seasons should be

in accordance with orders passed separately

by the Government.

870. 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.

871. The gallows shall be inspected and

the 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 ever y execution but the

Superintendent shall see that the rope is

carefully tested. As a rule, a dummy or a bag

of sand weighing 1½ times the weight of the

prisoner, hung and dropped between 6 and 8757 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 feet or 1.83 and 2.440 mtrs. should afford a safe test of the rope. Two spare ropes for each prisoner shall always be kept ready in reser ve on the scaffold to meet any contingency.

872. 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.

873. 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,—

(1) If the prisoner weighs less than 45.360 kgs. he should be given a drop of 2.440 meters;

(2) If the prisoner weighs from 45.330 to 60.330 kgs. he should be given a drop of 2.290 meters;

(3) 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 meters;

(4) 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 meters;

(5) If the prisoner weighs more than 90.720 kgs. he should be given a drop of 1.830 meters:

Provided that so long as the extreme limits of 1.830 meters on the one hand and 2.440 meters 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: The above calculations are based on the assumption that the execution rope should be made of cotton yarn/manila of 2.59 to 3.81 cms. Diameter.

874. The following measures shall be adopted regarding the fixing of the length of the rope to permit the required drop,—

(1) the height of the prisoner to the angle of the jaw immediately below the left ear shall be accurately measured, as well as,

(2) 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.

875. These two measurements shall 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 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.

876. That is to say, that assuming the

distance between the angle of the jaw and the iron ring to be 1.220 metres 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.

Presence of officers at execution of prisoner

877. The Superintendent, Additional Superintendent, Deputy Superintendent and Chief Medical Officer shall be present at all

executions. An Executive Magistrate deputed by the District Magistrate shall attend the execution and countersign the warrant. 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.

878. Relatives of the prisoner and other prisoners shall not be allowed to witness the execution. The Superintendent may, however,758 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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.

879. 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 shall supply the guard on application, where no armed guard of the prison exists.

880. Prisoners of all categories shall be kept locked up until the execution is over and the body removed from the prison.

Execution

881. On the morning of the day of execution, the Superintendent shall, before proceeding to the cell of the condemned prisoner, enter his office and ensure that there is no communication awaiting him connected with the execution from Competent Authority. Thereafter, the Superintendent, Additional Superintendent, Chief Medical Officer and Executive Magistrate deputed by the District Magistrate shall visit the prisoner in his cell before the hour fixed for execution. Any documents requiring attestation by the prisoner such as his will, etc., shall be signed and attested in the presence of Superintendent and, the District Magistrate/ /Additional District Magistrate.

882. The Superintendent, Additional Superintendent, Executive Magistrate and the Chief Medical Officer shall then proceed to the scaffold, the prisoner remaining in his cell under the observation of the Deputy Superintendent. Thereafter, the hands of the prisoner sentenced to deaths shall next be pinioned behind his back and his legirones (if any) struck off.

883. The prisoner shall now be marched to near to the scaffold under the charge of the Deputy Superintendent and guarded by the Head Warder and six warders, two preceding in front, two behind and two holding arms.

884. On the arrival of the prisoner near the scaffold where the Superintendent, Additional Superintendent, Executive Magistrate and Chief Medical Officer have already taken their place, the Superintendent shall inform the Executive Magistrate that he had identified the prisoner and read with warrant over to prisoner in vernacular or in the language the prisoner understands.

885. 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. The prisoner shall now mount the scaffold and shall be placed directly under the beam to which the rope is attached, the warders still holding him by the arms.

886. The prisoner shall than be made over to the executioner. The executioner shall next strap the legs of the prisoner tightly together, and adjust the rope tightly round his neck, the nose being 1 to ½ inches to the right or left of the middle line and free from the flap of the cap.

887. The duty of the executioner or executioners/hangman shall be.— (1) to place the prisoner exactly under the part of the beam to which the rope is attached.

(2) to strap the prisoner's hand tightly; and

(3) 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 of 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 hand in front free from the rope.

888. The Superintendent shall invariably see that the rope round the neck of the prisoner is adjusted properly and the knot is placed in the proper position.

889. The warders holding the prisoner's arms shall now withdraw and at a signal from the Superintendent, the executioner shall draw the bolt.

890. The operations mentioned above should be done simultaneously and 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 release the trap-door.

891. The body shall remain suspended for half an hour before being taken down or until the Chief Medical Officer has certified that the life is extinct.

Hangman's fees

892. The hangman shall be paid at the rates fixed by the State Government for the execution of each prisoner.

Disposal of body

893. 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 prisoner belonged.

894. 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.

895. 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.

Report of execution of death sentence

896. The Superintendent shall, immediately after each execution, send a report thereof to the Inspector General of Prisons in Appendix –22 and he shall return the warrant duly endorsed to the Court which issued it.

CHAPTER XIII

Emergencies

Situations to be handled on an emergency

basis

897. The following situations shall be handled as emergencies.— (1) Escape from prison

(2) Outbreak

(3) Riots

(4) Strikes

(5) Hunger Strikes (individual or mass)

(6) Assault

(7) Suicide

(8) Accidents

(9) Fire

(10) Epidemic

(11) Food Poisoning

(12) Overcrowding

(13) Major failure of water supply, electric lighting arrangements, and other essential prison ser vices like conser vancy and plumbing;

(14) Non-supply of food or raw materials resulting in the interference of prison routine;

(15) Floods

(16) Earthquake

(17) Terrorist Attack

(18) Bomb Explosion760 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (19) War/Bombing

(20) Nuclear, biological and Chemical

Disasters

(21) Any other man-made/natural disasters

Measures to prevent and control emergency

situations

898. It is the responsibility of the Superintendent to take sufficient measures for preventing and controlling emergency situations, in conformity with the Disaster Management Act, 2005 and any other Act that may be relevant and all other instructions/orders issued by the competent authority from time to time. These measures may inter alia include.— (1) demarcation of an out-of-bound area around the perimeter wall of the prison,

(2) adequate guarding and security

measures and periodical inspections,

(3) system of thorough searches,

(4) proper maintenance of the prison

building and premises,

(5) proper custody of tools and

equipments,

(6) proper control of movement of

prisoners ;

(7) timely segregation of prisoners who are instigators, or of bad character, and are potential risks to prison discipline,

(8) prompt and strong but considerate

handling of all discipline problems,

(9) attending to care and welfare

requirements of prisoners,

(10) system of good discipline,

(11) careful handling of plant and

equipments,

(12) periodical inspection of plant

equipments and emergency operation,

(13) accident preventive measures,

(14) fire preventive measures,

(15) fire fighting equipments at all

vulnerable points,

(16) good environmental and institutional

sanitation and hygiene,

(17) proper procedure of quarantine for

newly admitted prisoners,

(18) segregation of prisoners suffering from

contagious diseases,

(19) proper storage and inspection of

articles of food,

(20) observance of the required minimum standards in kitchen and canteen operations, service of food and eatables,

(21) wire guards on trees to discourage

prisoners climbing them for escape,

(22) standby arrangements for water storage, power plant, and emergency lighting,

(23) concealing all drainage and water

pipes in the buildings.

(24) Delegation of powers to prison Officers (Superintendent of Prisons, Additional Superintendent and Deputy Superintendent) to use force in emergent situations as is given to the Police.

Equipment for emergencies

899. Each prison shall be properly equipped with the following to meet various types of emergencies.— (1) Fire fighting equipments

(2) Emergency lighting arrangements like Generators, Invertors, UPS, electric torches, gas lights and oil torches

(3) Search lights

(4) Helmets

(5) Canes

(6) Latest non-lethal crowd controlling

System

(7) Tear gas equipments

(8) Water hoses

(9) Telephones, inter-communication

system and walkie-talkies

(10) Arms and ammunition

(11) Ladders, axes, knives, ropes, chains,

handcuffs, alarms and sirens

(12) First Aid Kits761 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (13) Video camera/Digital camera/any other electronic equipment for photography/ modern equipment suitable to tackling any of the above emergencies.

900. The Superintendent shall obtain the necessary sanction of the Inspector General of Prisons for the purchase of articles listed above.

901. It shall be the responsibility of the Superintendent of Prisons to ensure that all these equipments are always kept in good condition for use in emergency. The inventories of all equipments shall be audited once a year and regular training to handle these equipments shall be organized periodically.

Preparations for emergencies

902. 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.

903. Each central and district prison should have a Quick Reaction Team as provided in Chapter-V (Custodial Management). The personnel of this squad should be given special training in handling various emergencies or unforeseen situations and should also be properly equipped and ready for action.

904. 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.

General instructions for handling

emergencies

905. The general instructions to be followed in handling emergencies.— (1) Giving immediate first aid to the injured.

(2) Preventing entry into the affected area.

(3) Immediate action to counter the spread

of trouble to other areas.

(4) Quick intimation to all authorities

concerned.

(5) Reporting to authorities concerned for

help, if necessary.

(6) 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 Additional or Deputy Superintendent who shall reach the prison immediately and either assist the Superintendent or take charge of the situation.

Contingency Plan

906. Preparations and procedures for dealing with cases of escape and disturbance.— Inspector General shall prepare a contingency plan indicating, clearly, the precautions to be taken and procedure to be adopted to guard against and deal with cases of escape, outbreak, riot, fire or any other disturbance in the prison,- (1) The main gate sentry of every prison shall be provided with a siren or any other means for raising an alarm. When prisoners are working in large numbers inside the prison, at a point so that a warder's whistle sounded at such place cannot be heard by either the main gate sentry or second sentry, a means of conveying information, rapidly, of any untoward occurrence, shall be provided. Immediately, when a prisoner is found to be missing or in the event of any attempt to break prison or on any other disturbance taking place or even appearing imminent, an alarm shall be raised and it shall be the duty of everyone present or off duty in the jail campus too, at-once, proceed towards the prison from where alarm is sounded and the security personnel, who are deployed to tackle such type of contingencies, shall also, at once, report at the prison gate. It shall be the duty of officers present to inform the Superintendent and other officers, by the quickest possible means of communication.

(2) The officer who first notices the incident, whatever it may be, shall blow his whistle continuously, and all officers of the prison, on hearing it shall, repeat the whistle762 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 till the continuous sounding of the alarm at the prison gate shows that the information has reached there. A sentry, on hearing whistle sounding the alarm in any part of the prison or its neighborhood, shall repeat the alarm/siren till the whole establishment is thoroughly aroused. The siren used for sounding an alarm could be of different sound for different prisons so that it is identifiable by the staff. The head warder or warder on duty, at the place where the alarm originated, shall immediately inform the duty officer at the prison gate regarding the character of the occurrence that has or is about to take place, so that the Deputy Superintendent or other officer in charge may be in a position to direct operations accordingly. For instance, in the case of an escape, the prisoner's name, where he was last seen, the direction he has probably taken and the part of the prison or prison precincts he has disappeared from, shall all be valuable pieces of information in leading to his recapture; in case of a disturbance, the locality in which it occurred and the approximate number of prisoners engaged in it, shall enable the officer in command to utilize his force in the most effective manner for its control.

(3) Promptitude in starting of alarm is a most urgent and important duty. When a prisoner is discovered to be missing, or a disturbance has broken out or is on the point of breaking out, immediate measures must be taken to search the prisoner or quell the disturbance, as the case may be and no attempt of its suppression shall be made. The alarm shall be immediately sounded to alert the staff. The fact that the missing man was found or the disturbance controlled without sounding the alarm shall not be accepted as extenuating, in any way, the neglect of the officer concerned.

(4) On hearing the sound of the alarm, the warders in charge of gangs, shall collect their prisoners and confine them in a secure place and take necessary precautions to prevent their escape.

[Note: An alarm parade may be ordered at any time, and it is of importance that prisoners should not know whether any given parade is merely for practice or not, the same attention at details should be given on all occasions. In the case of an attempt on the part of a body of prisoners to break out of the main gate, it would be unwise to open the gates or wickets.]

(5) At the time of alarm, all prisoners inside the prison shall, with the exception of prison functionaries, be locked into the nearest or most convenient ward, workshop or other building. The warders on duty shall keep a watch on the places of confinement of prisoners. The services of prison functionaries may be utilized for maintaining order and discipline amongst the prisoners.

(6) On the sound of alarm.— (a) every prison officer on duty, in the prison premises, shall remain at the place of his duty until directed otherwise by superior officers;

(b) every prison official present in the prison premises and official residing in the prison premises, shall proceed immediately, no matter where or how engaged or whether in proper uniform or not, to the main gate of prison in which he is posted;

(c) he shall then fall into line and place himself under the order of the Superintendent or other senior officer present;

(d) the procedure to be followed by the officer in charge must necessarily depend on the character of the occurrence with which he has to deal;

(e) in all cases, however, a sentry shall be posted on the roof of the main gate or other suitable position where he can command a view of the interior of the prison and shall give all the information on situation prevailing inside the prison from time to time to his senior officers;

(f) staff posted on the watch tower and patrolling the wall shall be alerted to prevent any attempt on the part of prisoners to scale the wall;

(g) a few men shall be set aside as a reserve to render assistance, at any point,763 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 where their services may be specially required, and with instructions to proceed to the spot/place of occurrence; and

(h) when the prisoners are secured inside the prison, it shall also be necessary to post a small picket over them. The disposal of the remaining men shall depend on circumstances.

(7) If it be a case of escape or disturbance outside the prison, it shall be the duty of the officer in charge of the escor t to take measures in search of the missing prisoner or to take measures to quell the disturbance, as the case may be, using his powers with discretion and effecting his object with as little display of force as is, under the circumstances, necessary.

(8) Should it be a case of riot or disturbance inside the prison, the officer in charge shall lead his men to put it down. Before taking such a step, however, he shall first satisfy on the roof of the gateway that there are no prisoners in the enclosure, in the vicinity of the gate. Should there be, the gate shall not be opened till the crowd is dispersed, and this can be effectively done from the gateway roof. He shall then lead his men between the gate. When the outer gate has been bolted and locked, the inner one may be opened and the men march to the scene of the disturbance and to act as the officer in command may dictate.

(9) For controlling any incident of rioting, any officer of the prison shall use as little force, and do as little injury to a person, as may be consistent with restoring order and detaining such person.

(10) Whether an alarm is real or false, all the tasks detailed from the preliminary whistle of the warder to the conclusion of the search for the missing prisoners or the suppression of the disturbance, as the case may be, should be carried out.

(11) To accustom warders to the different circumstances with which they may be called upon to deal, and to test their preparedness to turn out at short notice, an alarm parade shall be held once in a month, at any hour of the day or night, without previous warning, and started from one of the places where prisoners are usually assembled.

(12) Adequate lighting arrangement may be made to deal with any contingency during night.

(13) In the case of missing prisoner, all efforts shall be made to trace him from within the prison premises. In case, the Superintendent is of reasonable apprehension that the prisoner has escaped from the prison walls, he should immediately report the matter to the police, and side by side, should take every possible step to apprehend the escapee prisoner as the prison staff is in a better position to recognize the escapee.

(14) It is the duty of the gate sentry, at the time of alarm, to defend the gate and to protect any officer of the prison or other person.

(15) Absolute silence should be maintained at alarm parades and all the details should be carried out in an orderly and systematic manner. Deputy Superintendent, Assistant Superintendent, Head Warders, Warders and any other staff who have to take charge, should be informed, beforehand, of the duties required of them so that they may know exactly what to do and where to go when the alarm sounds, without waiting for instructions from the officer in charge.

(16) The Superintendent shall inform the police, immediately, of the disturbance, riot, escape and violence in the prison premises.

(17) The alarm parade shall be concluded on the command of Superintendent of Prison and all the officers, who took part in the parade, shall return to the prison gate, fall into line and be dispersed.

(18) Immediately after conclusion of the alarm parade, the Superintendent shall verbally inform the Additional Inspector General of Prisons of the incident and the action taken. This shall be followed by a detailed report in writing, at the earliest.

(19) The Superintendent and Deputy Superintendent shall note in their journals the date and hour at which the parade was held, the time taken by the warders to fall into line and arm themselves, the names of any subordinates who were late or absent, and any defects that were noticed.

(20) A copy of such report should be submitted to the Additional Inspector General of Prisons, by the Superintendent, giving details of the action proposed to be taken against defaulters, if any, immediately after holding the alarm parade.

Contingency Plan.— Copy of the contingency plan should be readily available with the Superintendent and Deputy Commissioner of Police and also with the next below senior officers, both in the Prison and Police Administration, to meet any contingency like escape, disturbance, fire, natural calamities, etc.

Escape

Sounding an alarm

907. A siren or an alarm bell (which may be electronic, electric or manual) 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.— (1) Use of control measures, such as handcuffing, locking prisoners, segregating the trouble makers and mob dispersal.

(2) Tightening all security measures according to the requirements of the situation

(3) Mustering all possible help for effective

handling of the emergency.

(4) Obtaining all necessary assistance from the District Collector/District Magistrate, the Police, the Fire Brigade and any other agency.

908. 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.

Escape attempts

909. 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 prisoners' escape. He shall at the same time take all necessary steps to prevent the prisoner's escape.

910. The armed guard shall be ready at a moment's notice to prevent any group attempt to escape from the prison.

When an escape takes place from an

extramural group

911. 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.

912. 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.

Duty of the Deputy Superintendent

913. As soon as a report of an escape is received, the Deputy Superintendent or another senior officer on duty shall,- (1) dispatch a party of sufficient strength to search the locality where the escape has occurred, and

(2) inform the Superintendent and the Additional Superintendent of the escape who in turn shall take suitable action for apprehending the escaped prisoner/ /prisoners.

Escape during night

914. 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.

Duty of Superintendent

915. The Superintendent shall 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 telephone, wireless or e-message systems or any other quickest means of communication, to the police station near the prisoner's home. If the prisoner belongs to a district other than that in which he was in prison, intimation shall be sent to the Magistrate of his district, Director General of Police, Inspector General of Prisons and Commissioner/Superintendent of Police, of that area.

916. The information shall also be sent to Deputy Commissioner of Police (Crimes and Railways) and the Director General of Railway Police or other head of the transportation, in case the prisoner is likely to avail himself of the railway or other means of the transportation and, if it appears expedient, information shall be suitably sent by quickest means of communication to other districts.

Report to the Inspector General and the

Government

917. If a prisoner escapes, the Superinten- dent or in his absence 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 along with nominal role, copy of the judgment & other particulars. A copy of this report along with documents 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 or connivance it occurred, whether the prisoner has been recaptured and if not, the measures taken to recapture him. In case of escapes that have not been due to connivance or negligence alone, but, in part, to some defect in the buildings or in the method of guarding, or any system failure, such defect shall be clearly pointed out. When the prisoner is recaptured, another report shall be sent to the Inspector General of Prisons & the Government.

Attempt to escape to be reported

918. Every attempt to escape, with the particulars in each case, shall be reported to the Inspector General, accompanied by a descriptive roll of the prisoner.

919. Every attempt to escape shall also be reported to the area Station House Officer for taking necessary action as per law.

Punishment for facilitating an escape

920. Every officer of the prison, because of whose assistance, connivance, or neglect, an escape takes place, shall be prosecuted under sections 222, 223 & 225 A of the Indian Penal Code, 1860. An independent inquiry shall immediately be caused to be conducted by the order of Inspector General (prisons) through a senior officer not below the rank of Superintendent of Prison, who should not be from the prison where incident took place.

Publication of escapes

921. Notice of escape of prisoners and of the rewards offered for their recapture shall be published through Electronic & Print Media for publicity and also in Gazette, if so ordered by the Inspector General.

Power to sanction reward

922. The Inspector General of Prisons may take decisions regarding the sanctioning of rewards in such cases.

Reward to prisoners preventing an escape

923. 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 of Prisons, with a view to giving them suitable rewards.

Procedure on recapture

924. The recapture of the prisoner shall be informed to all those who were informed of the escape originally.

925. A recaptured prisoner be admitted into and detained in prison on the authority of the original warrant; the time he was at large does not count as sentence served.

926. A recaptured prisoner, if he is undertrial, shall be produced before the concerned court for further directions.

Deprivation of privileges by escape or

attempt to escape

927. Ever y prisoner, who at any time escaped or attempts to escape from any custody, shall be considered as high risk prisoner and shall be given a special dress for his easy identification.

Prisoners not recaptured to be entered in

the escape register

928. The Superintendent shall maintain a register as specified in Appendix-23 in which he shall mention the date of escape, names, and registered number of every prisoner who has escaped and who has not been recaptured. On recapture, his name shall be struck off from the register and date of recapturing shall be noted.

929. Every prisoner, who does not report to the prison authorities after the period of parole or furlough or interim bail, shall be treated as if he has escaped from the prison and the same procedure be followed.

Disposal of warrants of escaped prisoners

930. 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.

931. Whenever there is a jail outbreak, or and agitation inside a prison, the concerned Superintendent/Additional Superintendent of Prison should inform the District Police who shall take necessary action to control the situation and bring order inside the prison. However, till the arrival of the police, the prison guards and security personnel guarding the prison shall initiate steps to control the situation and prevent further untoward incidents.

932. 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 hearing which the warder staff shall blow their own whistles. It shall 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, Additional Superintendent and Deputy Superintendent who shall summon every available man.

When the alarm is sounded

933. At the sound of the alarm the reserve guard shall arm themselves with service weapons arms 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.

Duty of convicts on hearing an alarm

934. 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.

Methods of quelling disturbances

935. 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.

936. On arrival of the Superintendent, or Additional Superintendent, their orders shall be taken and all officers from the rank of Deputy Superintendent and below shall act as per their orders.

937. Prison officials shall not attempt to disperse a mob outside the prison unless the prison staff is threatened.

938. Enquiries on incidents like assaults on prison officials shall be conducted by the Superintendent, or such other officer as the Inspector General of Prisons may direct.

Defence of main gate

939. The main gate sentr y 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.

Disturbance within wards

940. 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.

Treatment of extramural groups

941. 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.

Rehearsal of procedure on alarm

942. 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 a month 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.

Duty of the Superintendent

943. In the event of a disturbance occurring in the prison, which is likely to develop into a serious riot, the Superintendent shall send a message to the Station House Officer of the Police Station of the area, Police Control Room and the Deputy Commissioner of Police of the area, informing them of the situation and, in the absence of these officers, to the next senior officer present in the station, on the telephone or by a fast messenger, informing him about the situation. If the Superintendent considers that the presence of the Deputy Commissioner of Police or, in his absence, the next Additional Deputy Commissioner of Police is necessary, he shall, at the same time, request him to come to the prison premises. On receipt of such a message, the above mentioned officers shall immediately proceed to the prison, and768 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 in consultation with the Superintendent, take all such measures as may be necessary in the special circumstances of the case, to restore order. All action taken shall promptly be reported by him to the higher authorities. The Control Room of the prison shall keep readily available all the telephone numbers and other means of communication with the aforesaid officers, for prompt transmission of message.

944. 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. The Superintendent shall at once inform about the incident to the Inspector General of Prisons by the quickest means of communication.

945. However, if there are chances that the person is still alive or if there are any visible signs of life, measures shall be taken at once for the prisoner's first aid and treatment and revival.

946. 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 ground. 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 procedures laid down in the chapter on death should be followed.

Custody of articles used for suicide

947. 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.

Precautions against the prisoners with

apparently suicidal tendencies

948. Prisoners with apparently suicidal tendencies shall be carefully watched and not left alone in a cell. Such prisoners should also be referred to counsellors and psychiatrists and should be supervised closely.

Employment of convicts on dangerous

work

949. 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.

Custody of poisons

950. Poisonous drugs and drugs inducing drowsiness, surgical instruments and other similar things shall not be left within the reach of prisoners. Ever y receptacle containing any poisonous drug shall be labelled "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.

Precaution against drowning

951. 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

Prevention of fire

952. 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.

953. 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.

954. Fire shall be used in the workshops in properly constructed fireplaces 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.

955. 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.

956. 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 Fire Department.

957. Electric installations in the prison shall

be inspected at regular intervals.

958. 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.

959. Each 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 measures and evacuation techniques.

960. 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.

961. 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 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, medical attention to the injured shall be given and an inquiry shall be immediately held and statements of the injured prisoner or member of the staff and other witnesses shall be recorded.

Epidemics

Epidemics and precautions against them

962. Epidemics which are likely to occur in prisons are cholera, enteric fevers, gastroenteritis, chicken pox, measles, mumps, influenza, cerebrospinal meningitis, pneumonia, plague, beriberi, scurvy and epidemic dropsy.

963. 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.

Removal to a segregation shed

964. Every prison shall be provided with a permanent segregation shed 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.

Treatment of prisoners after contact with

infection

965. 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 separate770 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 building to prevent their mingling with other prisoners. Special care shall be taken that they bathe and feed separately.

Prison officers' clothing, if infected

966. 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.

Treatment of the infected barrack

967. 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.

Vaccination or inoculation

968. 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.

Accommodation of patient

969. 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 to 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 diarrhoea shall also be treated separately and not admitted to the hospital until the characteristic symptoms of cholera and diarrhoea have disappeared.

Sterilisation of drinking water

970. 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. As far as possible, reverse osmosis plants should be in place in prisons to prevent water borne diseases.

Observation of prisoners

971. 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. Convict officers 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.

Treatment of hospital floor

972. The floor of the segregation hospital shall be washed or sprinkled liberally with 2% saponified cresol or izal lotion.

Disposal of dejecta

973. 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.

Cleanliness of prisoners

974. 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.

Treatment of clothing and bedding

975. 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.

Disposal of an infected corpse

976. 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/cremated without the least delay.

Report to the Inspector General of Prisons

977. The first occurrence of a case of cholera or any other infectious disease shall be at once reported to the Inspector General which shall be followed by a written report on the same day, stating the circumstances771 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 of the case and the measures taken to arrest the progress of the diseases.

978. The next two cases too shall likewise be reported 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 delivered to him by quickest means.

When shall a disease be deemed epidemic

979. 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.

Rules generally applicable to epidemics

980. 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.

Daily report during epidemic

981. Whenever an epidemic prevails in a prison, a daily report shall be furnished to the Inspector General of Prisons. 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 Services.

Special epidemiological inquiry

982. The Inspector General of Prisons, in consultation with the Director of Health Services and Preventive Medicines, may call for an epidemiological inquiry or report from the Medical Officer whenever he considers it advisable. A copy of such an inquiry report shall be furnished to the Director of Health Services, Government of Goa.

Hunger strikes

Procedure to be followed in cases of hunger

strikes

983. Prisoners who go on hunger strike 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.

984. 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 vakalatnama shall be executed by the prisoners in favour of the member of the legal profession and only that member shall be permitted to interview the prisoner in this regard.

985. 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.

986. When prosecutions are instituted under Section 52 of the Prisons Act of 1894, the proceedings shall be held within the prison and shall be started and completed with as little delay as possible.

Forcible feeding of prisoners on hunger

strike

987. 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 by772 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 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.

Daily report to the Government

988. 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 of Prisons. The Superintendent shall send a report to the Collector and the Superintendent of Police concerned.

Overcrowding

Overcrowding shall be reported to the

Inspector General of Prisons

989. 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 of Prisons. Any other matter pertaining to overcrowding shall always be referred to the Inspector General of Prisons for orders.

Measures to relieve overcrowding

990. 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 of Prisons 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.

Keeping prisoners in sheds or tents

991. Prisoners in excess of the accommodation shall not be placed in worksheds or verandahs, 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.

Earthquake

992. In the event of an earthquake the following action shall be taken.— (1) The prisoner shall be asked to take cover (kneel down, and cover head with arms).

(2) The prisoners shall be asked to remain in the same position for a few minutes, due to after-shocks.

(3) 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.

(4) The prisoners shall be asked to walk towards an open place, in a calm and composed manner.

(5) Evacuation and rescue measures should be undertaken on instructions from an evacuation team and unnecessary crowding of affected area should be avoided.

Other emergencies

993. Suitable action shall be taken according to the requirements in cases of other emergencies as well. The Superintendent shall repor t the circumstances to the Inspector General of Prisons. A Contingency plan be in place at every jail to tackle any emergency situation such as attacks and similar. Senior officers should review such contingency plans during their visits/inspections.

994. Report of assault or disturbance.— (1) A complete report of every serious assault committed by a prisoner on an officer of the prison, and of every serious disturbance of combined outbreak amongst, prisoners shall be submitted to the Inspector General.

(2) The prisoners who are considered sulky, morose, or of violent temper should not be entrusted with a knife or other implement which might be used as a weapon of offence.

(3) All locks in use in a prison should be examined daily and any lock found out of order, brought to the notice of the Deputy Superintendent who shall replace it with a serviceable one.

(4) Even where there has been cognizable crime, which is to form the subject of police and magisterial enquiry and, subsequently, ends in a criminal trial, the Superintendent must, at once, conduct enquiry, and submit the report to the Inspector General on the aspects of prison discipline and the observance of rules involved in the case, and if he finds that any officials are liable for any action, he should state how he proposes to deal with them.

Safe custody and security of prisoner

995. Record of cases in which irons are imposed.— In every case in which any prisoner is placed in irons, of any description, the fact that these have been imposed and the time of their imposition and removal, respectively, shall be noted in the registers maintained for the purpose.

996. Fetters to be examined.— The Deputy Superintendent shall ensure that the handcuffs and fetters imposed on a prisoner are in accordance with the provisions of theAct and are secured and cannot be misused.

997. The imposition of handcuffs and fetters is prohibited in respect of.— (1) female prisoners;

(2) civil prisoners; and

(3) prisoners who are aged, physically

infirm or seriously ill.

998. Imposition of handcuffs.— Handcuffs may be imposed on the wrists in front, by day or night, for a period of not more than twelve hours at a time, with intervals of not less than twelve hours between each period, and for not more than four consecutive days or nights. The period, for which handcuffs may be imposed, shall be determined by the court.

999. Emergent Situations.— In emergent situations, the Superintendent may use handcuff and/or fetter to secure any prisoner for reasons to be recorded in writing and under intimation to the District and Sessions Judge within twenty four hours of using such handcuff or fetters.

1000. Annual statement of prisoners in fetters.— An annual statement showing particulars of the case in which fetters have been imposed during the year shall be submitted on or before the 31st January of the succeeding year to the Inspector General by Superintendent of Prison.

1001. Removal of fetters.— Fetters imposed for security shall be removed by the Superintendent as per directions of the court:

Provided that in emergent situation, where a prisoner is seriously ill and in the opinion of the Medical officer, he is unfit to be imposed in fetters, the Superintendent shall remove his fetters forthwith, under intimation to the Court.

1002. Outbreak and attempted out- breaks.— Any officer of the prison may use a force on any prisoner engaged in any combined outbreak or any attempt to force or break open the outer gate or enclosure wall of the prison and may continue to use such force so long as such combined outbreak or attempt is actually frustrated.

1003. Using violence against an officer.— Any officer of the prison may use minimum force against any prisoner using violence against any officer of the prison or other person:

Provided that such officer has reasonable ground to believe that the officer of the prison or other person is in danger of life or limb, or that grievous hurt is likely to be caused to him.

1004. Warning to be given.— Before using any force against a prisoner, the officer of the prison shall give a warning to the prisoner that he is about to use such force on him.

1005. Orders of superior officers.— No officer of the prison shall, in the presence of his superior officer, use force of any sort against a prisoner, in the case of an outbreak or attempt to escape, except under the orders of such superior officer.

1006. Prison officers to include officers from other forces and services.— (1) The term 'officers of the prison' shall include all officers774 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 of any other force and services deployed in prison for assisting the prison administration in the safe custody of prisoners.

(2) There shall be a provision of quick reaction teams for the protection of the prison and to meet any aggression or exigency. The team should be equipped with a vehicle, sophisticated weapons and bullet proof jackets to deal with contingencies.

(3) It should be ensured that there are minimum access points for entry to the prison complex. These access points should be, round the clock, manned by the personnel of paramilitary forces for regulating entry of visitors and others.

(4) There shall be a provision of the electronic surveillance on different activities of the inmates and staff. Further, X-ray Baggage Scanners, Door Frame Metal Detectors, Hand-Held Metal Detectors, Security poles etc. shall be provided for detecting prohibited articles, at all access points including entrance to the prisons.

(5) There shall be a provision of mobile phone jammers/ mobile detectors/ any other appropriate device inside the prison to rule out any possibility of usage of mobile phones by the inmates in the prisons.

1007. Escaped prisoners are to be distinguished.— Any prisoner who had escaped/attempted to escape, but recaptured, shall ordinarily be required to wear clothing with red coloured band stitched on both the sleeves of the shirt having 50.8 millimeters diameter.

CHAPTER XIV

Education of Prisoners

Objective

1008. The objective behind educational programmes in prisons may 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 may aim at.— (1) providing opportunities to illiterate inmates to achieve at least a certain minimum level of education,

(2) extending facilities to literate inmates

to advance their educational standards,

(3) developing a better understanding of

the duties and obligations of a citizen,

(4) improving the attitude of inmates towards society and fostering a desire to live as good citizens,

(5) assisting the development of good social and ethical habits and attitudes so that the inmates may properly adjust their lives when they are released,

(6) helping them to improve their personalities and ability for social adjustment through individual and group guidance in social living, planning,

(7) developing a 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,

(8) stimulating sustained interest and effort

towards self-improvement, and

(9) developing social consciousness and a sense of social responsibility and obligations.

Planning

1009. Educational plan for prisoners should be such that.— (1) The purpose of education is to facilitate transformation, reformation and reintegration of prisoners into society. In order to achieve these objectives, an adequately trained educational staff and minimum facilities like class rooms and libraries should be provided in every prison.

(2) Education of illiterate young offenders and adult prisoners shall be compulsory. Correctional Services should pay special attention to educational programmes.

(3) Because of wide variations in intelligence level and individual interests of inmates, it is essential to organise diverse educational programmes to suit the needs of the larger groups.

(4) Educational programmes should cover subjects which would help develop the inmate as affective members of social groups. The programmes should also help develop insight on the part of the inmates.

(5) The nature of the educational programmes in an institution should be related to the size and type of the inmate population and the time earmarked for these programmes. Educational activities should be developed in conjunction with the overall programme of an institution.

(6) As far as practicable, the education of prisoners shall be integrated with the educational system of the State so that after their release they may continue their education without difficulty. These programmes should be related to after-care programmes also.

(7) The education policy should be formulated in a manner which is adjustable to social environment, leading to ultimate resettlement of a prisoner in the society. Education should be organised at three levels.— (a) for the illiterate inmates

(b) for the intermediates, and

(c) for advanced education.

(8) Educational personnel should be oriented, through special training courses, to implement correctional policies, programmes and methods as far as practicable.

(9) Non-governmental organisations should be extensively involved in the educational programmes. Legal Services Authorities may also be roped in, for awareness purpose in legal education/awareness.

Nature of an Educational Programme

1010. The educational programme should consist of.— (1) Physical including yoga and health/hygiene education.

(2) Academic education.

(3) Social education.

(4) Vocational education.

(5) Moral and spiritual education.

(6) Cultural education.

(7) Computer education.

(8) Legal education/awareness.

Educational Policy for Inmates

1011. On admission to the prison, the criteria for initial classification of prisoners should be done on the basis of their educational background, their aptitude to follow further studies, their social background and vocational education.

1012. The policy behind academic education should aim at.— (1) making every illiterate prisoner literate;

(2) developing educational qualifications of

prisoners; and

(3) developing life skills among prisoners which enables them to attain respective livelihood;

1013. 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/ University or Institution, he should be given due facilities for it. He should 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 should 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.

Classification of prisoners

1014. Prisoners should be classified on the basis of their academic/educational qualifications and their aptitude for further776 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 learning at the time of admission in the prison. It should be made compulsory for each prisoner to sit in educational classes, arranged as per their qualification, for at least two hours in the day, preferably in the morning hours.

1015. The classification committee and educational personnel should together decide the amount of time to be devoted for academic education, vocational education and work for each inmate. As there may be variations in the educational level, intelligence and interests, diverse educational programmes should be organised for different groups of inmates.

Help of educated prisoners

1016. The help of educated prisoners should be liberally obtained for carrying out educational programmes, in addition to the help taken from regularly employed teachers, and utilising similar facilities offered by NGOs.

Language Classes

1017. Language classes should be encouraged. These classes could be run by the educated prisoners, regular teachers and NGOs.

1018. Keeping in view the special needs of prisoners, a booklet should be prepared which would enlist various educational programmes being carried out in the prison.

Schools for Young offenders

1019. Every prison should have a regular school where young offenders can attend regular classes in shifts. This school could be a branch of any Government school being run by the Education Department of the State, with the Education Department providing teachers, equipment and material for teaching young offenders. The school should provide education for primary, secondary and senior secondary levels. It should be mandatory for each young offender to attend classes. The staff posted in the prison should be paid special incentive for maintaining prisoners' interest in attending school.

1020. The prisoners who pass various examinations should be given certificates as are given to students studying in regular schools. Care should be taken to ensure that there is no mention of the young offender's imprisonment on such certificates.

Education for short term prisoners

1021. For undertrial prisoners, and prisoners sentenced to shor t term imprisonment, educational classes could be organised in the yards/enclosures where such prisoners are kept. This would facilitate better organisation of regular classes for prisoners who are required to undertake educational programmes on a short, medium or long term basis.

Personnel and Equipments

1022. Following personnel and equipment for the educational programme for prisoners should be provided.— (1) Teachers should be provided for running and guiding the adult educational programmes in prisons. Teachers from the Education Department could be posted to the prison on transfer/ /deputation basis. Inmates, who are educated and whose conduct has been good, should be given training in imparting education to others. These trained inmates should assist the regular teachers in organising diversified educational programmes. The services of retired teachers or NGOs. could also be obtained in running the educational programmes.

(2) Necessary equipments for education like books, stationery, writing material, furniture, etc., should be provided at Government cost. In each prison, a building should be earmarked/constructed as a school for carr ying out educational activities. Buildings and areas for educational programmes should be earmarked in accordance with the minimum standards as fixed by the Education Department for similar purposes.

(3) Study/examination centres of National Open School/Indira Gandhi National Open University should be established in every777 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Central/District prison. The strength of educational personnel should be fixed in accordance with the inmate population and the educational programmes to be organised.

(4) The educated prisoners, who help the prison administration in conducting educational programmes, should be given wages/honorarium by the prison authorities.

(5) Audio-visual equipment should be used

for educational purposes.

(6) 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.

Curriculum

1023. Curriculum should be drawn up in accordance with the needs of each inmate group. It should be in line with the

educational programmes conducted in other educational institutions in the State. It should be planned in such a way as to synchronise with the length of sentence of the inmates. Educational schedules and time tables should be drawn to fit the total programme of the prison.

Tests and Examinations

1024. Following concessions shall be given to prisoners for pursuing their higher education.— (1) At the end of each

educational project, inmates should be given tests and examinations. These tests/ examinations should be conducted inside the prison by the Education Department/National Open School/Indira Gandhi National Open University.

(2) No fees, including examination fee, should be charged from students appearing in various examinations. Cases of brilliant students should be recommended to Education Department and other agencies

for grant of scholarship.

Liaison

1025. The institution should establish liaison with the Department of Education/ Nation Open School/Indira Gandhi National Open University and other approved educational institutions for obtaining educational material and other help.

Library

1026. There should be a Library Selection Committee, comprising of the Superintendent, a psychologist and any person having knowledge about the potentiality of literature to influence the people, for screening and selecting books, magazines and newspapers.

1027. Following facilities in the prison library should be provided.— (1) Books in the library should cater to the needs of different educational standards, satisfaction of intellectual needs, and development of knowledge of the inmates.

(2) The prison library shall be properly equipped with books, magazines, and newspapers. These shall be issued to the prisoners. Prisoners should be encouraged to develop reading habits.

(3) A librarian should be employed 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 should keep details of books and periodicals available in the library subject/title wise for use by prisoners and for the information of the Superintendent of Prison. Till such time the Librarian is employed, one of the convict workers having sufficient knowledge to arrange the books, may be employed, as a temporar y arrangement.

(4) 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.

(5) A digitalised library with e-learning materials may also be provided, to the extent possible.

Note: The study material which would be made available in the prison library shall be scrutinized/screened by the Library Selection Committee so as only the material pertaining to educational, social, moral, cultural & spiritual development/upliftment should reach to the prisoner.

Social, Moral, Cultural and Spiritual

Education

1028. Meditational therapy should be used

for holistic healing.

Prison Publication

1029. There should be a quarterly/half yearly publication for the inmates for information dissemination. Such publications shall also contain articles, poems, write-ups etc. contributed by the prisoners and also highlight the achievements of educational, sports & other performances milestones by the prisoners. Prisoners should constitute the editorial board. There shall be independent screening committee for content screening preferably headed by the person which should have an experience of journalism.

Accountability

1030. It should 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, should be one of the principal factors on which the performance of these officers should be evaluated.

CHAPTER XV

Vocational Training and Skill Development

Programmes

Objectives of Skill Development

Programmes and Vocational Training

1031. Vocational training and skill development programmes should be treated as essential features of prison Correctional Programmes. The objectives of such programmes should be,—

(1) Impar ting discipline and work

culture among inmates.

(2) Developing right attitudes towards

work and dignity of labour.

(3) Promoting,—

(a) physical and mental well-being of

inmates;

(b) proper development of mind

through intelligent manual labour;

(c) spirit of fellowship and a

cooperative way of living; and

(d) a sense of group adjustment.

(4) Developing the capacity for sustained

hard work.

(5) Building habits of concentration, steadiness, regularity and exactness in work.

(6) Imparting and improving work-skills.

(7) Awakening the self-confidence and

self-reliance of inmates.

(8) Training and preparing inmates for achieving lasting social re-adjustment and rehabilitation.

(9) Imparting an occupational status and thus creating a sense of economic security among inmates.

(10) Keeping inmates usefully employed

in meaningful and productive work.

(11) Preventing idleness, indiscipline

and disorder amongst them.

(12) Maintaining a good level of morale amongst them and thus promoting a sense of self, as well as institutional discipline among them.

Employment & Production Policy of the

Government

1032. For skill development programmes and vocational training of prisoners, prisons of the State should be governed by the employment and production policy which should designed to cater to the needs of the prisoners coming from both rural and urban areas. The emphasis should be on the kinds of skills and jobs that would ensure779 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 employment or self-employment once the inmate is released from prison.

1033. A "Board of Skill Development Programme and Vocational Training", under the chairmanship of Inspector General of Prisons, should be set up at the Prison Headquarters and vested with full fiscal and administrative powers. The function of the Board should be to,—

(1) plan and implement programmes of skill development and vocational training,

(2) arrange funds required to run such

programmes,

(3) fix a policy of production,

(4) examine the economic aspects of the

skill development programmes,

(5) put prison skill development programmes on a sound commercial footing,

(6) ensure coordination at all levels,

(7) evaluate the performance of the skill development programme at each institution,

(8) introduce practices and procedures

of modern management of production,

(9) guide, supervise, direct and control all matters relating to institutional skill development programmes and vocational training,

(10) organise workshops in after-care

homes for discharged prisoners,

(11) promote marketing of prison

products, and

(12) in consultation with the Ministry of Skill Development and Entrepreneurship, the Government of India may identify certain trades as suitable for the inmates to be trained in so that once they are released, they may be gainfully employed.

1034. Government depar tments, semi- government departments, cooperatives and public undertakings should purchase articles produced in prison industries as per requirements, from the Prison Department. 1035. Clear rules for the purchase of raw material, consumable articles, tools and equipment should be laid down by the Government from time to time, to eliminate chances of misappropriation or waste.

1036. A policy should be laid down for the employment of carefully selected prisoners in public undertakings, co-operative farms of the State, and agro-based industries organised in the cooperative sector when they are released from prison.

Vocational training

1037. Vocational training programmes, in self-employing trades and occupations, should be organised in every central and district prison for employable convicts,—

(1) Such programmes should be open to undertrial prisoners who volunteer to undergo such training after testing their vocational ability.

(2) Wherever possible in larger prisons, an Industrial Training Institute should be established and where it is not possible to establish one, the help of local Industrial Training Institutes could be obtained in training the prisoners.

(3) The prison should have adequate staff for efficient organisation 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.

(4) The prison should have a properly defined organisation for training projects in terms of formation of homogeneous groups and setting down routine and time schedule of projects.

(5) The cost incurred in the training projects, expenditure on staff, equipment and material, should be treated as essential investment for the purpose of training and resettlement of offenders.

(6) Special emphasis should be given to vocational training of young offenders, young adult offenders, and others who may derive benefit from the training projects.

1038. Qualified technical personnel should 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 State.

1039. Vocational training programmes should be designed to suit the needs of prisoners sentenced to short, medium and long term imprisonment.

1040. Active linkages should be established with the department of Technical Education, Directorate of Industries (including Cottage Industries), Industrial Training Institutes, Polytechnics and Vocational Training Institutions as well as approved NGOs to develop vocational training programmes on a practical and pragmatic basis.

1041. On the completion of vocational training courses, inmates should be examined by the concerned department and on passing the examination they should be awarded a regular Certificate/Diploma by that department.

1042. The Inspector General of Prisons may, as a measure of incentive, to the inmates demonstrating good progress in skill development programmes and vocational training, allow to visit important undertakings and other government owned industries.

1043. The prison industry should be given preferential treatment in the matter of granting permission to run various industrial/ production units by the State Government.

1044. The executive and supervisor y personnel should be given training in modern methods of management.

1045. Diversification of programmes of vocational training should be given due priority when the master plan for diversification of skill development programmes is designed.

Employment of prisoners

1046. Apart from convicts, under trial prisoners, who volunteer to work, should also be employed on skill development programmes and be given vocational training in their enclosures. The undertrial prisoners employed in the prison industry, or agriculture, should be given fair and equitable remuneration on the same scale as prescribed for convicts. They should also be given labouring diet and other facilities. As far as possible, undertrials and remand prisoners should not be allowed to interact with convicted prisoners.

1047. No criminal prisoner sentenced to labour, or employed on labour at his own desire, or undertrial doing labour, shall, except in an emergency, and with the sanction in writing of the Superintendent, be made to labour for more than eight hours in a day.

1048. 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.

1049. When the Medical Officer is of the opinion that the health of a prisoner is suffering due to 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.

1050. Prisoners sentenced to medium and long terms of imprisonment should be given training in multiple skills so that they are able to compete with the conditions in the labour market outside the prisons.

1051. For planned employment of inmates the following factors should be taken into consideration while organising skill development programmes,—

(1) mental and physical health,

(2) requirements of security, custody and

discipline,

(3) age,

(4) length of sentence,

(5) inmates' skills and abilities and also

potential for acquiring skills,781 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (6) urban and rural background of the

inmate.

1052. Prisoners sentenced to less than one year of imprisonment should be employed in prison maintenance services, gardening, work-centres and work camps and paid suitable wages for their work.

1053. Prisoners sentenced to imprisonment for one year or more should be employed in production units in closed or open prisons.

Prison industries and skill development

programmes

1054. Prison industries should be organised on business-cum-commercial basis. Preference to prison products, while purchasing articles for office use, should be given by the various government departments.

1055. The skill development programmes should also include essential institutional maintenance services like culinary, sanitary and hygienic services, prison hospital, other prison services, repairs and maintenance services. Prisoners may also be employed in the service of maintenance and construction of prison buildings, for which they shall receive adequate remuneration or wages in accordance with the existing rules and which shall not be less than the wages provided under the Minimum Wages Act.

1056. Prison skill development programs should 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 ser vicing, agriculture, hor ticulture, dair y, poultr y, floriculture, maintenance of engines, maintenance of electric pumps, tractor repairing, automobile ser vicing and repairing, cane work, basket making, pottery, book binding, typing, computer operating, handicrafts, stenography, cloth printing, embroider y, hosier y, bakery, namkeen making, paper making, printing, tailoring, weaving, soap making, candle making, sewing machine repair, food processing, sales & marketing, beauty parlor training, graphic designing, etc. Central and State Government departments/institutions/PSUs/ NGOs may be involved for skill development programs.

1057. 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 may 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 Factory Manager or Deputy Superintendent, shall note the task the prisoners begins, and subsequent progress, in his history ticket.

1058. Ever y inmate should be given training and work experience in the use of hand tools in different services, jobs and production units.

1059. Every prisoner sentenced to undergo simple imprisonment who opts to do labour 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 is fit to perform either hard or medium labour.

1060. 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.

1061. A standard list of equipments, tools, accessories and spare parts, which each production unit must always have, should be prepared and maintained.

1062. In every institution there should be a separate and properly organised maintenance workshop to repair the machinery and equipment in time and to prevent breakdown.

1063. Products manufactured by prison industries should be varied/changed depending on market trends and demands.

1064. The organisation of accounts and inventory should be modernised on business lines.

Standardisation of products

1065. Various products of prison industries should be standardised. A handbook containing details of standardisation, and the manufacturing process of various production units, should be prepared for the guidance of personnel.

1066. Catalogues of standardised products of prison industries should be prepared for securing orders from the market for various production units.

1067. Technical supervision should be improved and a system of quality control introduced at every stage of production, so that market competitiveness can be maintained. The percentage of profit should not be the motive behind production by prison industries.

1068. Costing of prison products should be done on a rational basis taking into account various limitations and handicaps of prison management.

1069. 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.

1070. Prisoners who have been discharged and are found suitable shall be employed in show rooms and prison product outlets, as far as possible.

Targets of production for prison industries

1071. 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.

1072. It should be the responsibility of the Superintendent of Prison to meet the targets of production as set above.

1073. The task sheet of each prisoner should be correctly maintained by the technical personnel-in-charge of the production units.

Wages

1074. Wages should be fair and equitable and not merely nominal and paltry. These rates should be standardised keeping in view the minimum wages as notified by the Government from time to time on the basis of recommendations made by the Work Wage Committee constituted by the Government.

1075. With a view to keep the wage system in prisons in harmony with that in the free community, the wages should be reviewed every three years and revised whenever necessary.

1076. Treatment of wages earned by prisoners.—Subject to the provision of sub- rule (2) of Rule 1285, fifty percent of the wages earned by the prisoners shall be managed in the following manner:—

(1) 30 per cent of it shall be deposited in the prisoner's separate Bank account and the entire amount thereof shall be paid to him at the time of his release.

(2) 30 per cent of it shall be paid to the prisoner or his family members to meet legal expenses. Provided that if there is no such necessity, then this amount shall be deposited in the said separate Bank account of the prisoner.

(3) 40 per cent of it shall be made available to the prisoner as and when required by him for purchasing articles from the prison's canteen or for making purchases from outside the jail through the Superintendent if canteen facilities are not available in the jail premises:

Provided that the Superintendent shall not permit purchase of any objectionable items and his decision in this behalf shall be final.

(4) The wages of every prisoner shall be deposited in a joint Bank account opened in the name of prisoner concerned and the Superintendent of the Jail. This account may be opened in any Nationalized Bank near the prison.

1077. The wages should be deposited in the prisoner's saving bank account on a fixed date every month and the passbook shall be kept with prisoner/concerned Dy. Superintendent.

Safeguards for prisoners engaged in work

1078. The following facilities should be provided in worksheds and other places where prisoners work,—

(1) Protection from heat, cold, rain, dust,

smoke, fumes, gases and chemicals;

(2) Protection from seepage and

dampness;

(3) Safe drinking water;

(4) Spittoons, urinals and latrines;

(5) Washing and bathing facilities;

(6) First-aid facilities;

(7) Fire extinguisher and other fire

fighting equipment;

(8) Sufficient ventilation and lighting;

(9) Safety equipment and accident

prevention measures.

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 & Boilers.

1079. Periodical medical examination of prisoners, working in production units having hazards of occupational diseases, should be carried out.

1080. There should be payment of compensation to prisoners by the Government, who meet with accidents resulting in physical or mental disability, serious injury, death, or loss of health due to occupational diseases, as certified by the committee duly constituted for the purpose, comprising of Chief Medical Officer, the concerned Medical Officer/Junior Specialist and Deputy Superintendent of Prisons. The meetings of this committee shall be chaired by the Chief Medical Officer or the senior most Medical Officer/Junior Specialist.

1081. Hours of work for each group of prisoners should be prescribed in accordance with the programme content of each institution, but total hours of work should not exceed eight hours in a day.

1082. A daily time schedule should be

worked out for each institution.

1083. Prisoners may not be allowed to work in the production unit after the locking time unless absolutely necessary.

Tasks to be imposed on female prisoners

and young offenders

1084. The tasks to be imposed on females or young offenders 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.

Female prisoners not to work outside female

enclosures

1085. Female prisoners may be deployed to work in open prisons exclusively established for women prisoners subject to the condition that adequate security measures are taken and no male staffs are deployed.

No prisoner to be employed for private

work

1086. 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.

Execution of work for outside agencies

1087. 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.

Yearly audit of the accounts

1088. The accounts of the production/ work unit shall be systematically audited by the Government auditors for each financial year. If need be, Inspector General of Prisons may direct for conducting internal audit of account with the help of available resources for the production of the industries.

Agriculture

1089. Wherever agricultural activity is contemplated by prison Authorities, following infrastructural facilitates in terms of agriculture should be made available to the prisoners,—

(1) Agriculture, agro-based industries and other allied activities should be given high priority in the planned development of skill development programs and vocational training in correctional institutions.

(2) The land available with an institution should 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 Officer, officers of the State Agriculture Department and other allied agencies should be taken in this regard.

(3) Each new prison building in rural areas should have a properly fenced farm wherever land for this purpose is available.

(4) It should be ensured that proper irrigation facilities are available at the farmland.

(5) The required building structure should be constructed on each farm and internal roads should be laid.

(6) 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.

(7) Prisons 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.

(8) Guidelines should be issued by the Prison Headquarters stating the eligibility criteria of an inmate who may be deployed on open agricultural farms.

(9) The subsidy available to the farmers for purchasing fertilizer, equipment and electricity should also be made available to prison farms.

(10) Adequate funds should be provided for the development of agriculture and allied activities and its account should be maintained separately.

(11) Requisite security personnel should be provided at each agricultural unit and their duties and responsibilities should be clearly laid down.

(12) 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.

(13) The efficiency of each unit should be evaluated annually in terms of the targets fixed and achieved.

(14) The number of prisoners employed in farming activities in closed prisons hall be decided by the prison authorities as per the requirement.

(15) Prison Personnel should be imparted training by the State Agriculture Depar tment in various aspects of agricultural and allied activities.

(16) Bio-gas plants, windmills, solar- cooking ranges etc., should be introduced in the prison farms.

(17) Costing of agricultural and other produce should be done on strict commercial basis.

(18) Open agricultural institutions, and institutions having attached agricultural farms should diversify skill development programs according to cropping schemes such as mixed farming, irrigated corps, dry farming etc. In some open prisons work can be diversified into agricultural activity, industrial units and agro-based production units.

(19) Measures shall be taken to develop horticulture, floriculture and cultivation of medicinal plants and similar activities wherever feasible.

Dairy and poultry farms

1090. Dairies should be developed on open prison farms on commercial lines under proper technical guidance. These should not be operated from closed prisons.

1091. Poultr y farms should also be organised at open farms. These should be run on commercial lines under proper technical supervision.

CHAPTER XVI

Legal aid

Constitution of Legal Services Authorities

1092. At the district level, the composition of the District Legal Services Authority shall be governed as per Section 9 of the Legal Services Authority Act, 1987. At taluka level, the composition of the Taluka Legal Services Committee shall be governed as per Section 11A of the Legal Services Authority Act, 1987.

Functioning of Legal Services Institutions

1093. NALSA should lay down policies, principles, guidelines and frame effective and economical schemes for the State Legal Services Authorities to implement throughout the country.

1094. The State Legal Services Authorities, District Legal Services Authorities, Taluka Legal Services Committees, etc. have been entrusted the following primary functions,—

(1) To provide free and competent legal

services to the eligible persons;

(2) To organize Lok Adalats for amicable

settlement of disputes;

(3) To organize legal awareness camps;

(4) To implement the Schemes and policy directions of the NALSA through strategic and preventive Legal Services Programmes, and

(5) Any other functions as prescribed under relevant sections of Legal Services Authority Act, 1987.

1095. Free legal services would include,—

(1) Payment of court fee in appropriate cases, process fees and all other charges payable or incurred in connection with any legal proceedings;

(2) Providing service of lawyers in legal

proceedings;

(3) Obtaining and supply of certified copies of orders and other documents in legal proceedings.

(4) Preparation of appeal, paper book including printing and translation of documents in legal proceedings.

1096. Under the Legal Services Authorities Act, 1987, the persons eligible for getting free legal services include,—

(1) Women and children.

(2) Members of SC/ST.

(3) Industrial workmen.

(4) Victims of mass disaster, violence, flood, drought, ear thquake, industrial disaster.

(5) Disabled persons.

(6) Persons in custody.

(7) Persons whose annual income does not exceed as specified under Legal Services Authority Act, 1987.

(8) Victims of trafficking in human being

or beggar.

(9) Transgender.

Appointment of jail visiting advocates

1097. The Goa State Legal Service Authority and District Legal Ser vice Authority empanelled Jail Visiting Advocates shall visit different prisons regularly on fixed days of the week to help the poor and unrepresented inmates. Any inmate may seek aid and advice, file any bail/parole application, appeal(s) etc. through these advocates.

Note: Separate Register shall be kept and maintained having details of visits of Jail visiting advocates. The necessary entries shall be made in this regard.

Legal Aid Clinic in every prison

1098. Legal Services Cell/Clinic should be set up in every prison, with sufficient number of panel advocates of Goa State Legal Service Authority and District Legal Service Authority and Para Legal Volunteers deputed to such Cell/Clinics for providing free legal services to inmates on all working days. Goa State Legal Services Authority may train certain inmates as Para Legal Volunteers (PLVs) for assisting the Legal Aid Cell/Clinics established at prisons.

Legal literacy classes in prisons

1099. Legal literacy classes may be conducted in prisons in order to educate prisoners about their rights and duties as well as about the availability of free legal aid services. Services of Law students, Para Legal Volunteers and Legal Aid Lawyers could be taken to ascertain legal aid needs of inmates.

Maximum period for which undertrials can

be detained

1100. According to Section 436A of Code of Criminal Procedure, 1973, under trial prisoners who have undergone detention in prison for a period extending up-to half of the maximum sentence specified for that offence under law (except offences attracting death sentence and life imprisonment), shall be released on their personal bond, with or without sureties. In order words, it means pending investigation, inquiry or trial, no person shall be detained in the prison for a period more than half of the prescribed maximum sentence under that offence. However, courts, for special reasons to be recorded in writing, may extend the detention in prison or release on bail instead of personal bond with or without sureties.

Constitution of Undertrial Review

Committee

1101. A committee consisting of the District Judge, as Chairperson, the District Magistrate, the District Superintendent of Police, Superintendent of Jail, Public Prosecutor and Secretary of District Legal Services Authority as members, should be constituted to identify undertrial prisoners who have completed half of the maximum period or maximum period of imprisonment provided for the said offence under the Law.²

1102. The Goa State Legal Ser vices Authority and District Legal Ser vices Authorities should instruct the panel lawyers to urgently meet such prisoners, discuss their cases with them and move appropriate applications before the appropriate court for their release unless they are required in custody for some other purpose.

Cases which are compoundable in nature

1103. The Goa State Legal Ser vices Authority, District Legal Services Authority and Taluka Legal Services Committees should secure that for offences which are compoundable, appropriate steps are taken for compounding, and where the offences cannot be compounded, efforts should be made to expedite the disposal of those cases or at least efforts made to have the persons in custody released there from at the earliest.

Right to free legal representation or legal

aid

1104. Article 22 (1) of the Constitution entitles arrested persons to be represented by a legal practitioner. It is the fundamental right of all prisoners/arrested person to be provided with free legal aid in the prosecution of their case at different levels of their trial. The Magistrate is duty bound to offer the facility to the accused the moment, he is produced before him or her for the first time even if the accused has not asked for it out of ignorance.³

1106. To ensure that arrested persons have free legal representation, panel Lawyers have been deputed as remand/duty advocate in every court dealing with criminal cases. Such advocates are available in the court even on holidays. When an accused is produced before the court and does not have a legal counsel, the court shall provide the counsel free of cost.

1107. The Superintendent should inform convicts of their right of appeal against conviction.

CHAPTER XVII

Welfare of Prisoners

Basic Elements of Welfare Programmes

1108. The objectives of welfare programmes

in prisons should be to,—

(1) Develop a relaxed, positive and constructive atmosphere in the institution;

(2) Ensure good personnel-inmate relationship based on mutual trust and confidence;

(3) Ensure care and welfare of inmates;

(4) Ensure firm and positive discipline;

(5) Attend to immediate and urgent

needs and problems of inmate;

(6) Attending to long term needs of

prisoners;

(7) Help the inmates maintain regular contact with their families, and communities in the outside world;

(8) Ensure a good system of incentives for self-discipline such as remission, leave transfer to semi-open and open institutions, and premature release;

(9) Provide individual guidance and

counselling;

(10) Encourage group activities, group

guidance, group work;

(11) Implant proper habits, attitudes and approaches and prepare them for a normal social life;

(12) Provide supportive therapy

including Psychotherapy.

1109. The starting point of all welfare programmes shall be the initial classification of the prisoner and the study of individual inmates. The welfare programme should include periodical review of progress and re- classification of prisoners, review of sentence and pre-mature release, planning for release, pre-release preparation and af ter-care. Positive influence of institutional personnel shall play an important role in this process. Community par ticipation shall be an important feature of welfare programmes.

Counselling

1110. Counselling facilities should be

extended to the prisoners as follows,—

(1) The mental health status of a prisoner should be studied before his classification at the time of admission in the prison. Prisoners certified as mentally ill should not ordinarily be confined in prisons and instead appropriate measures should be taken for their transfer to special institutions as per the appropriate rules.

(2) Professionally qualified counsellors should be engaged by the Prison Department to provide counselling to the needy prisoners, par ticularly those suffering from substance-related addictive disorders and victims of abuse.

(3) Proper and regular evaluation of prisoner's mental health should be done to enable the requisite psycho social suppor t ser vices by the Prison Department.

(4) Severe mental disorders would require appropriate psychiatric treatment and dealt under the provisions of Mental Health Act, 1987 or Mental Health Act, 2017 any other law in force at the relevant time⁴.

Psychotherapy

1111. Psychotherapy and cognitive behavior therapies may also be used in prisons as they have been recognized as effective for the treatment of prisoners suffering from mental disorders, till the time reception orders are awaited.

Guidance

1112. Pamphlets containing the rights, duties, entitlement, discipline and daily routine of a prisoner (including a handbook on Rights and Duties as provided in Appendix–1) should be printed and distributed so that a prisoner may follow the 'dos' and 'don'ts' and maintain discipline during his confinement.

1113. The above literature should also be kept in the prison library and issued to prisoners who can read.

1114. Illiterate prisoners should be made to understand the contents of the literature by the prison staff themselves or with the help of other literate prisoners engaged for educational programmes.

Recreation, sports, cultural activities, films,

library

1115. Cultural and recreational activities should be organized in all institutions for maintaining the mental and physical health of prisoners. These activities are the basic elements of rehabilitation programmes for prisoners. These should form the integral part of an institutional regime.

1116. Recreational and cultural activities should be organised depending upon various conditions such as availability of space, the climate and weather, composition of inmates and arrangements for security. Such activities can include.— (1) Outdoor games like cricket, kabaddi, wrestling, volley ball, badminton, football and basket-ball.

(2) Gymnastics.

(3) Indoor games like chess, ludo and

carrom.

(4) Film Shows: Historical, patriotic, biographical, scientific and educational films, travelogues, documentaries, newsreel, and films dealing with social themes should be shown. Films depicting crime, sex, violence, suspense, and such other subjects that may have a damaging effect on the minds of inmates and should not be shown to them. Each Central and District Prison, should have facilities for showing films to the prisoners/ inmates. A library of good films should be developed at the headquarters of the Inspector General of Prisons and Correctional Services and these films should be circulated to various institutions. Close liaison should be established between the Department of Prisons and Correctional Services and the Films Division, Department of Information and Broadcasting, Film and T.V. Institutions, Film Societies and other organisations which can supply good films for the inmates.

(5) Music: Music has a special significance in the confined atmosphere of a prison. It can bring relief to lonely, distressed and unhappy inmates. It can relieve boredom and promote interest in institutional programmes. Music programmes could consist of radio music, recorded music, orchestra, group singing, folk, classical singing, loor dance, and instrumental music.

(6) Community and folk dances: Group and Folk dances could be performed on festivals and social occasions.

(7) Drama: Useful social values and models of behaviour can be presented before the inmates through dramatic performances. Dramas dealing with social problems, pageants, musical dramas, tableau, soliloquies, dialogues, radio plays and humorous skits could be performed for the benefit of inmates. Inmates themselves can be encouraged to take part, and organize these activities.

(8) Arts and crafts: Arts and crafts can play an important role in imparting useful values to prisoners. The prisoners can maintain their individuality through these activities. Such activities can also serve as supportive therapeutic measures in the monotonous life of a prison.

(9) Handicrafts and art work: prisoners can be provided with necessary facilities for potter y, basket making, wood car ving, carpentry, marquetry and veneers, wood turning, fret-work, leather-work, home decoration, lampshade making, metal-craft, plastics, toy-making, artificial flower making,789 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 horn-craft, clay-modelling, lacquer-work, drawing, painting, stencilling, paper-craft, papier-mâché, rug making, felt-work, knitting, embroidery, needle-work, crochet, etc.

(10) Reading: Inmates can be encouraged to read books, newspapers and magazines. Group reading and guided reading can also be useful for them.

(11) Television: This is the biggest entertainer for prisoners. The channels to be shown, and their timings, should be carefully selected by the Superintendent of Prison.

(12) Public Address System: The public address system with speakers in the barracks, cells and all other parts of a prison with a microphone and music playing system in the administrative block of the prison in the charge of a responsible officer is useful for entertainment of the prisoners with soft and soothing tunes to break the monotonous prison atmosphere and keeping them informed about their duties and responsibilities as provided in Rule 1112 above and other announcements. The Superintendent should carefully plan the regular use of this system and its timings for achieving the objectives laid down in this chapter as well as whenever it can be used beneficially.

1117. Every prison and allied institution should have an annual sports/cultural meet. Inter-Institution and Inter-State sports meets of inmates should also be organised. The sports groups from outside could be invited into the prison for playing various games with the prisoners.

1118. Yoga and meditation should be practised daily for which the hours should be fixed. Meditation centres may be opened and NGO support may be availed for this purpose. It should be ensured that discourses during meditation sessions are secular in nature.

1119. Well known personalities in the fields of art, sports, literature, culture and music should be invited to the prison as guests on various occasions to inspire the prisoners and be role-models for them.

1120. There shall be a play ground for outdoor games and a community hall for cultural programmes in every prison.

Role of N.G.Os.

1121. Approved N.G.Os. should be extensively involved in organising sports and cultural meets and other welfare activities.

1122. Care shall be exercised in the selection of welfare agencies/N.G.Os. for carrying out welfare programmes. Approved N.G.O.s/welfare agencies which have a proven track record, and which are known for their dedication and selfless service, should be selected by Inspector General of Prisons for associating in prison programmes.

1123. No member of a Welfare agency/ /N.G.O. shall be associated with a prison if he/she has a criminal record. For this purpose an undertaking may be obtained from the Agency/N.G.O.

1124. The good work done by welfare organizations and N.G.O. in prisons should be publicly appreciated.

Prisoners' Panchayat

1125. Every prison and allied institution should have Prisoners' Panchayats. These panchayats should consist of very carefully selected inmates, who are of good conduct and who have the potential and ability to organise events and activities. These panchayats should plan and execute daily recreational programmes for inmates. These panchayats should also be used for giving the prisoners an opportunity to express their problems and seek redressal.

1126. The working of these panchayats should be continuously monitored by the prison administration. The Superintendent or Dy. Superintendent of Prison should as far as possible should personally participate in the Panchayat meetings.

1127. A 'Mahapanchyat' of all the panchayats should be held in the presence of the Superintendent at least once in a quar ter for the redressal of prisoners' grievances and implementation of their790 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 suggestions. The Inspector General of Prisons, Additional Inspector General of Prisons should also participate in such Mahapanchayat in different prisons in the State from time to time.

Celebration of festivals

1128. National Festivals like Republic Day, Independence Day, Mahatama Gandhi's birthday and Goa Liberation Day should be celebrated in each prison to inculcate a feeling of the patriotism among the prisoners. Cultural programmes could also be organised on such occasions and special food can be served to the prisoners.

1129. The main festivals of all religions should be celebrated. In these, every prisoner should be encouraged to participate. Any special treatment to a group of prisoners belonging to a particular caste or religion is strictly prohibited. There shall be no interference or prejudice with regard to religion, region or caste of the prisoners.

Spiritual development

1130. Well known personalities from all religions should be invited to deliver lectures to prisoners for their moral upliftment. Assistance from approved N.G.Os. and welfare agencies may be sought in this regard. It should be ensured beforehand that the content and tenor of such lectures is not such as would cause resentment among people of other religions.

1131. Ever y prisoner should be allowed to perform his devotions in a quiet and orderly manner. Prisoners may be permitted to gather in their respective wards for performance of their religious ceremonies. The prisoners desiring to keep fast, as enjoined by their religion, shall be permitted to do so:

Provided that the Medical Officer may, if he is of the opinion that the continuance of the fast by such prisoner is likely to be injurious or dangerous to health, direct its discontinuance.

Provided further that the Superintendent may, if he is of the opinion that such a fast is subversive of the prison discipline, disallow such fast.

Note: The prisoners, who wish to keep fast, may be given meals at appropriate time as enjoined by the religious practice.

Implementation of welfare activities

1132. The Superintendent shall be responsible for the smooth and orderly implementation of welfare activities in the prison.

1133. The Superintendent shall submit quarterly reports of welfare activities being conducted in his prison to the Inspector General of Prisons through Additional Inspector General of Prisons.

1134. Prison administration shall endeavour to access funds available under Corporate Social Responsibility for conducting and procuring necessar y equipments for various welfare activities for inmates and prison staff.

Prisoner's Welfare Canteen

1135. There shall be a canteen for every prison. Each canteen should have facilities of catering beverages, eatable, grocery, stationery items etc. as decided by the Inspector General of Prisons from time to time.

1136. The canteen shall be run through prisoner's welfare fund and all profits earned shall be spent on the welfare activities of the prisoners with the approval of Executive Committee. The members of the executive committee shall be decided by order of the Inspector General of Prisons in writing from time to time.

Management of canteen

1137. The management of canteen shall

be as follows,—

(1) The Superintendent shall be responsible for smooth and efficient functioning of the canteen. He shall be assisted by the Deputy Superintendent and Assistant Superintendent.

(2) The Superintendent may run the canteen either departmentally or through prisoners.

(3) The entrusting of the canteen work among the prisoners by the Superintendent shall be in a transparent manner.

(4) The Superintendent shall ensure quality of the canteen articles and their sale at reasonable price. The profit margin shall be used for the purpose of prisoners Welfare Fund constituted under these rules.

Working hours of canteen

1138. The Superintendent shall specify the hours during which the canteen shall function, the articles to be sold and their prices.

Entitlement

1139. Any prisoner may purchase items from the canteen except those debarred as a measure of punishment.

Mode of purchase by prisoners from the

canteens

1140. The purchases by the prisoners from the canteens shall be made as prescribed by the Inspector General from time to time.

Daily account of sales

1141. At the daily close of canteen, the Assistant Superintendent shall cause the sales to be accounted with the sale proceeds and maintain proper records. The accounts shall be audited annually as prescribed by the Inspector General.

Avoidance of malpractices

1142. The misuse of canteen services shall be avoided through electronic medium viz. biometric or smar t card system based canteen management system.

Mobile canteen

1143. As far as possible, the Superintendent shall endeavour that canteen is mobile to enable the prisoners to make purchases in their respective wards.

Stock for canteen

1144. The Superintendent shall ensure that adequate stock of various articles is available in the canteen.

Maintenance of registers

1145. The Inspector General shall specify the registers to be maintained in each canteen. These registers shall, inter alia, indicate the purchases of articles, daily sale, margin of profit etc. The Inspector General may issue instructions regarding maintenance of cash book, stock register and other records pertaining to canteen.

Search of articles

1146. The Superintendent shall cause a thorough search to be made of all articles, received in the canteen from outside, to prevent introduction of any prohibited article into the prison.

Complaint

1147. All complaints of prisoners with regard to canteen functioning shall be brought to the notice of the Superintendent who shall take necessary remedial actions. If such complainants persist, the same shall be brought to the notice of the Inspector General.

Audit of the canteen

1148. The Superintendent shall cause the internal audit of the canteen to be carried out in at least 6 months and shall submit the statement of accounts to Additional Inspector General of Prisons.

Prisoner's Welfare Fund

1149. A fund known as the Prisoner's Welfare Fund shall be constituted for each prison.

Objective of the fund

1150. The objectives of the fund shall be to provide aid to prisoners for collective welfare activities such as educational, meditation, recreational, vocational, cultural and sports etc.

Source of fund

1151. The fund shall be raised mainly

from,—

(1) profit from canteen

(2) donations from Public and Corporate under Corporate Social Responsibility, however donations should not be accepted from the prisoners and their families.

(3) any other source approved by the

Government.

General instructions

1152. The Inspector General of Prisons shall issue detailed guidelines for the operation of the fund.

Administration of fund

1153. The fund should be administered in

the following manner.—

(1) An executive committee, consisting of the following, shall administer the fund in each prison,—

(a) Superintendent (Chairperson)

(b) Medical Officer In-charge (Member)

(c) Deputy Superintendent (Member

Secretary)

(d) Assistant Superintendent (Canteen)

(Treasurer)

(e) Chief Head Warder (Member)

(f) Two representative of the prisoners to be nominated by the Superintendent (Members)

(2) The term of the prisoners'

representatives shall be one year.

(3) To become eligible for nomination, the convict prisoner must have undergone at least one year imprisonment with very good record on the date of nomination and at least one year sentence still to undergo on the date of the nomination.

(4) To become eligible for nomination, the undertrial prisoner must have completed at least six months of his detention period with very good record on the date of nomination.

(5) The conduct of the nominated convicts and undertrials should be consistently good.

Meetings of the Executive Committee

1154. The Meetings of the Executive

Committee shall be as follows,—

(1) The executive committee shall meet once ever y month and earlier if the Chairperson considers it desirable, for adequate reasons to be recorded in the minutes book.

(2) Two-third of the total number of the committee members shall form the quorum.

(3) The minutes of the meeting shall be

recorded in the meeting register.

Method of collection and accounting

1155. The method of collection and

accounting shall be as follows,—

(1) All amounts received by the Member Secretar y and the Treasurer shall be immediately accounted for, and a receipt shall be given to those who pay the amount personally.

(2) Proper accounts of receipts and expenditure shall be maintained by the Treasurer to be checked by the Secretary. The account record shall comprise of cash book, ledger, receipt book, contingency register, vouchers and minutes book etc.

(3) Transactions of receipts and expenditure shall be entered in the relevant register immediately, as soon as they take place.

(4) Vouchers shall be numbered consecutively for the year in order of payment and filed on a separate file kept for the purpose.

(5) Cash book shall be checked in detail and signed by the Secretary whenever there are fresh entries in it.

(6) On the last day of each month, the Chairperson shall conduct the physical verification of the cash-in-hand and balance in the pass book. He shall also check the vouchers and ensure the correctness of the accounts maintained by793 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the Treasurer and record a certificate of such verification in the relevant registers, under his signature.

Audit of fund

1156. The accounts of the Fund shall be audited every year. The accounts shall be maintained on financial year basis.

Submission of half-yearly report

1157. The Superintendent shall submit a half-yearly report (April to September and October to March) to the Addl. Inspector General indicating the activities, initial balance in the fund, the details of expenditure from the fund and the final balance in the fund. The Additional Inspector General shall examine the report and submit the same to the Inspector General with his comments.

CHAPTER XVIII

Remission

1158. (1) Remission can be of three types.— (a) Firstly, remission under the provision of the Prisons Act, 1894 or respective Prisons Act of the State and the Rules made thereunder. This can be earned by all eligible prisoners if they fulfil the required conditions provided hereinafter.

(b) Secondly, remission in sentence granted by the appropriate Government under Section 432 of the Code of Criminal Procedure, 1973. The appropriate Government may remit the sentence of a prisoner, other than life convict, on case to case basis by following the procedure laid down in Section 432 of the Code of Criminal Procedure, 1973. It cannot deviate from the procedure prescribed under Section 432 of the Code of Criminal Procedure, 1973 while remitting the sentence of the prisoner on his request.

(c) Thirdly, remission by the Head of the State under Ar ticle 72 or 161 of the Constitution of India. The Head of the State has all the powers to grant remission to any prisoner on his request as well as grant general remission to the specified category of prisoners on special occasions on the recommendation of the Council of Ministers. No rules can be laid down for the Head of the State for exercising powers under Article 72 or 161 of the Constitution of India.

Note: The Rules in this chapter therefore apply only on remission to be granted by prison authorities under sub-paragraph (a), that is, the provisions of the Prisons Act, 1894 or respective Prisons Act of the State and the Rules made thereunder. However, Remission is a privilege to a prisoner and it cannot be claimed as a right.

(2) Remission system aims at the reformation of a prisoner. The scheme is intended to ensure prison discipline and good conduct on the part of the prisoners, and to encourage learning and better work culture, with the prospect of their early release from prison as an incentive.

1159. Remission is a concession, which can be granted to prisoners by Head of the State, appropriate Government or by the Head of the Prison Depar tment or by the Superintendent of Prison. The appropriate Government reserves the right to debar/ withdraw any prisoner, or categor y of prisoners, from the concession of remission. The Remissions other than that granted by the Head of the State may be withdrawn or forfeited if the prisoner commits specified jail offences or conditions prescribed in the relevant order of remitting the sentence.

Purpose

1160. Remission should be granted on the basis of an inmate's overall good behavior during the stay in the Jail, willingness to take work while in custody, cooperation and help to the prison administration in prison management and general response to various institutional activities.

Note: If any statute or the court in its order of sentence has denied the remission to the prisoner and thereby not specified the kind of remission to be denied then all kinds of remission will be denied.

1161. In the context of this chapter,— (1) 'prisoner' means a convict and/or includes a person committed to prison in default of furnishing security for maintaining peace or794 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 good behavior and also includes persons convicted by a Military Court.

(2) 'Sentence' means a sentence as finally fixed on appeal or revision or otherwise, and includes an aggregate of more sentences than one and an order of imprisonment in default of furnishing security for maintaining peace or good behavior.

Kinds of remission by prison authorities

1162. Remission by prison authorities can

be of the following types,—

(1) Ordinary remission

(2) Special remission

Ordinary remission

1163. Authority to grant ordinary remission: The Superintendent of Prison or officer nominated by the Superintendent on his behalf, who shall not be below the rank of Additional Superintendent is authorized to grant ordinary remission.

1164. Eligibility: The following types of convicted prisoners shall be eligible for ordinary remission,—

(1) Prisoners having substantive sentences

of two months and more.

(2) Prisoners, sentenced to simple imprisonment for two months or more, who volunteer to work.

(3) Prisoners employed on prison maintenance services requiring them to work on Sundays and Holidays, e.g. sweeping, cooking etc., irrespective of the length & nature of their sentence i.e., simple or rigorous imprisonment.

(4) Prisoners admitted for less than one month in hospital for treatment or convalescence after an ailment or injury not caused wilfully. (Those admitted for such purpose for more than one month should be entitled to remission for good conduct only).

(5) Prisoners undergoing imprisonment in lieu of fine which immediately follows and is in continuation of the substantive sentence of not less than three months.

Note: It will be the responsibility of the prison administration to provide work to all eligible prisoners. If for any reason the prison administration fails to do so the prisoners who are otherwise eligible for remission for work should be granted it as per their normal entitlement

under the orders of the Inspector General of Prisons.

1165. Non-Eligibility: The following types of prisoners should not be eligible for ordinary remission,—

(1) Prisoners having substantive sentence

of less than three months;

(2) Prisoners sentenced in default of

payment of fine only;

(3) Prisoners whose sentence is reduced to less than three months (in such cases remission already earned, if any, should stand forfeited);

(4) In the case of prisoners who are convicted of an offence committed after admission to the prison under Sections 147, 148, 152, 224, 302, 304, 304A, 306, 307, 308, 323, 324, 325, 326, 332, 333, 352, 353 or 377 of IPC or of an assault committed after admission to the prison on a warder or other officer or under any other law for misusing the concession of parole/furlough granted under that law. The remissions of whatever kind earned by him under these rules up to the date of the said conviction may, with the sanction of Inspector General of Prisons, be cancelled subject to the conditions laid down at Rule, 1182;

(5) Prisoners debarred from remission as punishment for committing prescribed prison offences;

(6) Prisoners specifically debarred from remission by the Government or the Inspector General of Prisons or under any law or rule;

(7) Prisoners undergoing sentence in the Narcotics, Drugs and Psychotropic Substances Act (NDPS) cases;

(8) Prisoners out on special leave like medical leave, temporary release on parole, release on bail etc. for the duration of such leave.

1166. Scale of remission for convicted prisoners: Ordinary remission may be granted795 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 to prisoners who are eligible for it at the scale shown below,—

(1) Three days per calendar month for good behaviour, discipline and participation in institutional activities;

(2) Three days per calendar month for performance of work according to the prescribed standards;

(3) Three days per calendar month for prisoners employed on prison maintenance services requiring them to work even on Sundays and holidays e.g. sweeping, cooking etc.;

(4) Eight days per calendar month for those working as night watchmen. Night watchmen shall not be eligible for remission mentioned in (i), (ii) and (iii) above;

(5) 10 days per calendar month to convict overseers and convict warders (until these two categories are abolished). Convict overseers and convict warders shall not be eligible for remission mentioned in (i), (ii) and (iii) above;

(6) One day for each month's stay in open institutions to prisoners sentenced to imprisonment of one year or more and transferred to such institutions;

(7) Any prisoner eligible for ordinar y remission, who for a period of one year from the date of his sentence, or the date on which he was last punished (except by way of warning) for a prison offence, has not committed any prison offence, should be awarded 30 days annual good conduct remission by the Superintendent of the prison in addition to any other remission. (Explanation: For this purpose, prison offences punished only with a warning, shall not be taken into account).

Special Remission

1167. Authority to grant special remission.— Inspector General of Prisons, on the recommendation of the Superintendent of Prison, shall be the competent to grant special remission.

1168. Criteria to grant special remission.— Meritorious work by inmates should be rewarded by grant of special remission in addition to the annual good conduct remission to create a spirit of healthy competition among prisoners. Such special remission may be granted to prisoners eligible for ordinar y remission on the following considerations,—

(1) Saving the life of a Government

employee, a prison visitor or an inmate;

(2) Protecting a Government employee or prison visitor or inmate from physical violence or danger;

(3) Preventing or assisting in prevention of escape of prisoners, apprehending prisoners attempting to escape, or giving material information about any plan or attempt by a prisoner, or a group of prisoners, to escape;

(4) Assisting prison officials in handling emergencies like fire, outbreak of riots and strike;

(5) Reporting of, or assisting in, prevention

of serious breach of prison regulations;

(6) Outstanding contribution in cultural activities or education or acquiring an additional education qualification (such as a degree or diploma) or teaching art & craft and special skills to fellow inmates;

(7) Especially good work in industry, agriculture or any other skill development programme, or in vocational training.

1169. Scale of Special Remission.— Subject to the fulfilment of any one or more of the conditions aforementioned, special remission not exceeding 30 days in a calendar year completed by the prisoner in a Jail may be granted by the Head of the Prison Depar tment on the recommendation of Superintendent of Prison to those prisoners who are eligible for ordinary remission.

Remission by Head of the State

1170. Remission granted by the Head of the State under Article 161 of the Constitution of India, acting on the aid and advice of the Cabinet of Ministers, shall be called Remission by Head of the State. Remission796 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 by Head of the State may be granted on occasions of National importance or public rejoicing.

Note: No rules can be prescribed for the Head of

the State for grant of this type of remission.

Eligibility

1171. The remission by Head of the State can be awarded to such prisoners, or categories of prisoners, as the Head of the State may decide.

1172. In case of prisoners who, at the time of general grant of remission by Head of the State, are released on temporary or emergency release like on parole or furlough etc., specific orders of the Head of the State about the award of this remission to such prisoners are necessary.

1173. Remission by Head of the State may be granted at such scale, or in such quantum, as may be decided by the Head of the State.

Remission Committee

1174. The Remission Committee of each

institution shall consist of,—

(1) Superintendent-in charge of the

institution, Chairman,

(2) Additional Superintendent or Senior most prison officer available in the institution, Member

(3) Deputy Superintendent/Assistant Superintendent in charge of remission section, Member

(4) Officer in charge of Industries/

Vocational Training, Member Secretary

Functions of Remission Committee

1175. The functions of this committee

are,—

(1) to attend to all matter pertaining to

remission,

(2) to recommend cases of prisoners to Head of Prisons Department for the grant of special remission as per provisions of these rules.

Procedure

1176. The members of the committee should assist the Superintendent in all matters pertaining to the award of remission. The decision of the Superintendent to recommend a case of prisoner should be treated as final. The Remission Committee should meet every Monday in the first week of every month or as and when required. Monday means Monday or next working day, if Monday is a jail holiday. General rules to be followed are,—

(1) In view of the importance of remission work, it is essential that the committee meets as per fixed schedule so that remission may be granted in time. Special remission should be granted leaving a margin of at least seven days prior to a prisoner's release.

(2) Entries regarding remission should be made, under proper attestation of the Superintendent, in the remission register and the history ticket of the prisoner concerned as soon as it is granted.

(3) prisoners with substantive sentences from two months to five years should be sanctioned remission each month while those sentenced to more than five years (including life convicts) should be granted remission once in a quarter.

(4) Ordinar y remission should be calculated for full calendar months. It should not be granted for a fraction of a calendar month.

(5) Special remission may be granted for

any fraction of a year accordingly.

(6) Maximum limit of ordinary and special remission which a prisoner can earn should not be more than one fourth of a substantive sentence (to be calculated from the date of his conviction). The remission granted by the Government shall be in addition to the ordinary and special remissions which the prisoner has earned. However, in no circumstances, maximum limit of all types of remissions earned by a prisoner should not exceed one third of the substantive sentence.

(7) Grant of remission to prisoners sentenced by court martial should be on the797 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 same principles as those applicable to other prisoners.

(8) Before granting ordinary remission, the committee shall consult the prisoner's history ticket in which work and punishment of every prison offence awarded to the prisoner, must be carefully recorded.

(9) If a prisoner has not been punished during the quarter, otherwise than by a formal warning, he shall be awarded the full ordinary remission for that quarter. However, if a prisoner has been punished during the quarter, otherwise than by a formal warning, he shall not be awarded the ordinar y remission for that quarter.

Life convicts

1177. Life sentence shall be taken as imprisonment for twenty years for the purpose of calculation of remission (as per the logic given in Section 57 of the Indian Penal Code, 1860). In the case of a prisoner serving more than one life sentence, twenty years shall be treated as the total of all his sentences for calculating remission. Grant of remission to a life convict shall not mean actual remission in his sentence. When his case will be examined by the Sentence Review Board for pre-mature release, the remission to his credit shall be one of the factors on the basis of which the review of his sentence shall be considered.

Miscellaneous

1178. The miscellaneous rules to be

applied,—

(1) Prisoners sentenced by court martial shall be granted ordinary remission of the period they pass in transit, or in military custody, before their admission in prison on the same scale as laid down in these rules.

(2) In the case of a prisoner, transferred from one prison to another while undergoing imprisonment, the period spent by him in the first prison, excluding the period spent as an undertrial prisoner, shall be calculated along with the period spent by him in the second prison, for remission.

(3) Ordinary remission shall be calculated from the first day of the calendar month after the date of the prisoner's sentence. Ordinary remission shall not be granted for the broken period of a calendar month. A prisoner, unless sentenced on the first day of a month, shall not get remission for the month in which he has been sentenced.

(4) No prisoner shall receive ordinary remission for the calendar month in which he is going to be released.

(5) In calculating the probable date of release of prisoner, the number of days of remission earned shall be converted into months and days at the rate of thirty days to each month.

(6) In case of prisoners convicted for a term of three years or more, the remission earned by the convict should be totaled and his probable date of release worked out before the completion of one half (½) of his substantive sentence. In case of prisoners convicted for a term of less than three years, his probable date of release be calculated on monthly basis.

1179. Period spent outside the prison, such as release on furlough, period spent in hospital in custody etc. which are included as part of a sentence, shall not be treated as broken periods. During such periods the prisoner shall be eligible for earning ordinary remission. For periods spent outside the prison which are not included as parts of a sentence (such as parole, bail, emergency release, escape and extradition etc.) prisoners shall not be eligible for earning remission. In such cases, the prisoners should be considered as eligible to earn remission from the first day of the calendar month following the date of their re-admission.

Note: In all such cases the date for eligibility for annual good conduct remission should be duly postponed. Prisoners who have been released on bail, or whose sentence have been temporarily suspended, shall, on their readmission to prison, be credited with any remission they may have earned before their release on bail, or to the suspension of the sentence. They should be brought under the remission system again on the first day of the calendar month after their readmission.

Removal and revocation of prisoner from remission

1180. The Inspector General of Prisons, on the recommendation of Superintendent of Prison, may remove any prisoner from remission for a period of six months for committing any specified prison offence. Similarly, the Superintendent of Prison may remove a prisoner from remission for three months. However, the sanction of the Inspector General shall be necessary for such removal from remission for any period exceeding three months.

1181. With prior sanction of the Inspector General of Prisons, the Superintendent of Prison may re-admit any prisoner to remission who has been removed from there before the expiry of that period. The prisoner who is re-admitted to remission shall earn remission under these rules from the commencement of the month following his re-admission.

Conditions for forfeiture of remission

1182. Remission earned by a prisoner may be forfeited by the Inspector General of Prisons on the recommendation of Superintendent of Prison,—

(1) If the prisoner is convicted of an offence committed after admission to prison, under sections 147, 148, 152, 224, 302, 304, 304-A, 306. 307, 308, 232, 324, 325, 326, 327, 332, 333, 352, 353 or 377 of the India Penal Code or convicted of an assault committed on a prison official, a prison visitor, a prisoner, or any other Government employee or on conviction for any offence committed in violation of the law providing for temporary release of the prisoner on parole/furlough etc. after admission to prison. All the ordinary and special remission, of whatever kind, earned by him under these rules up to the date of the said conviction may be forfeited in part, or in whole.

(2) For prison offences Superintendent is empowered to forfeit earned remission up to 30 days for one offence. Earned remission beyond 30 days may be forfeited with the sanction the Inspector General of Prisons.

Note: (i) All entries about forfeiture of remission shall be promptly made in the history ticket or remission sheet and in the remission register or in any other relevant document/record.

(ii) The Government remission is granted on occasions of national importance or public rejoicing under section 432 of Criminal Procedure Code. An order of unconditional remission of such sentence under this section cannot be rescinded except in cases of fraud or mistake in its

grant.

Record

1183. Following records shall be

maintained by the prison authority,—

(1) Assistant Superintendent, or any other official in charge of yards or sections, shall maintain sheets for prisoners eligible to earn remission. On the appointed days, these sheets shall be forwarded to the officer dealing with remission work and to the Deputy Superintendent, or to any other officer in charge of admission and release of prisoners for inspection. These sheets shall be attached to the remission sheet of the prisoners.

(2) A remission register shall be maintained in a prescribed form (in Appendix-12) in which all entries about grant and forfeiture, if any, of remission shall be promptly made and duly attested by the officers concerned.

(3) Entries in the remission register shall be made at the end of each quarter. In case a prisoner is due for release before the completion of a quarter, these entries shall be made during relevant months, and action regarding his/her release may be taken accordingly.

(4) At the end of each quarter, prisoners should be informed about the remission they have earned during the quarter and also the total of their remission.

(5) Assistant Superintendent (Convict office), In-charge of remission work shall refer to the prisoner's history ticket and punishment register in which work and punishments respectively of every convict is799 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 recorded before entering any kind of remission in remission register/sheet.

(6) A remission register shall be maintained in the office wherein all entries of grant or forfeiture of remission should be duly recorded in the remission register in respect of all prisoners.

(7) The Superintendent or the Officer in-charge of admission or release, shall inspect the remission register/sheets and other records quarterly.

(8) The remission records shall not be

allowed to be handled by prisoners;

(9) Prisoners should be released on such dates, as would be worked out, after allowing for remission granted.

1184. Remission records of prisoners

transferred to other prisons,—

(1) In case a prisoner is transferred to another prison, his remission sheet certified by the Assistant Superintendent and Deputy Superintendent of the total remission earned up to the date of transfer shall be sent with the prisoner.

(2) When a prisoner is transferred to another prison, the total amount of remission earned by him up to the end of the previous month shall be endorsed on his warrant and entered in his history ticket. These entries shall be signed by the Assistant Superintendent and Deputy Superintendent.

(3) The receiving prison shall be responsible that the above information is duly obtained. Each prison, at which a prisoner serves a portion of his sentence, shall be held responsible for the correct calculation of the remission earned in that prison.

1185. Any prisoner if aggrieved with calculation of remission granted to him, may report the same to the Visiting District & Sessions Judge of the prison. The same shall be processed as per the procedure of Grievance Redressal System.

CHAPTER XIX

Parole and Furlough

1186. The privilege of release on parole and furlough, should be allowed to selective prisoners on the basis of well defined norms of eligibility and propriety.

Parole

1187. 'Parole' means temporary release of a prisoner for short period so that he may maintain social relations with his family and the community. The period spent by the prisoner outside the prison while on parole in no way is a concession so far as his sentence is concern. The prisoner has to spend extra time in prison for the period spent by him outside the prison on parole. Parole may be of the following two types, depending upon the purpose behind it,—

(1) Emergency parole under police protection/custody parole: to cater to the familial and social responsibilities of emergent nature like death/serious illness/marriage of a family member or other close relative.

(2) Regular parole: to take care of the familial and social obligations and responsibilities of regular nature as well as for the psychological and other needs of the prisoner to maintain contact with the outside world like house repair, admission of children to school/college, delivery of wife, sowing and harvesting of crops, etc.

Furlough

1188. Furlough means release of a prisoner for a short period of time after a gap of certain qualified number of years of incarceration by way of motivation for him maintaining good conduct and remaining disciplined in the prison. This is purely an incentive for good conduct in the prison. Therefore the period spent by the prisoner outside the prison on furlough shall be counted towards his sentence.

1189. The objectives of releasing a prisoner

on parole and furlough are,—

(1) To enable the inmate to maintain continuity with his family life and deal with familial and social matters.

(2) To save him from the evil effects of

continuous long prison life.

(3) To enable him to maintain and develop

his self-confidence.

(4) To enable him to develop constructive

hope and active interest in life.

(5) To help him remain in touch with the

developments in the outside world.

(6) To help him remain physiologically and

psychologically healthy.

(7) To enable him to overcome/recover from the stress and evil effects of incarceration.

(8) To motivate him to maintain good

prison and disciplined in the prison.

Eligibility

1190. Convicts are entitled to emergency parole, regular parole and furlough, subject to the fulfilment of eligibility criteria and other conditions prescribed in this regard by the State Government under any local and special law or instructions, etc.

1191. The respective State Government may enact a local and special law or issue instructions providing for temporary release of prisoners on parole and furlough. The eligibility criteria, competent authority to sanction parole/furlough, liability for not surrendering at due time and date after availing parole/furlough, grounds and frequency for release on parole/furlough, procedures, duration of release on parole/ /furlough, eligibility for release on furlough along with its duration and frequency and conditions relating to other connected matters, etc. shall be properly laid down in the law/instructions so provided.

1192. Release on parole is not an absolute right, though, it is a legal right of every eligible prisoner as per the conditions laid down. This concession is subject to cancellation. The State Government/Head of the prison Depar tment/the Competent Authority reser ves the right to debar/ /withdraw any prisoner, or category of prisoners, from the concession of parole and furlough if the prisoner becomes ineligible or violates of the prescribed conditions in this regard.

1193. For calculation of sentences for the purpose of eligibility for parole and furlough, 'sentence' shall mean a sentence as finally fixed on appeal, or revision, or otherwise, and includes an aggregate of one or more sentences.

1194. The definition of a family of a prisoner for this chapter means grandparents, parents, brothers, sisters, spouse, children and grandchildren.

1195. There shall be two kinds of parole to

which a convict would be eligible,—

(1) Emergency parole under police

protection/custody parole

(2) Regular parole.

Emergency parole under police protection/

custody parole

1196. 'Emergency parole/custody parole' may be granted to the convict by the competent authorities as well as to the undertrial prisoners by the trial cour t concerned, under adequate police protection, for a period extending up to 48 hours, in the following eventualities,—

(1) Death of a family member.

(2) Marriage of a family member.

(3) Serious illness of a family member or

(4) Any other emergency circumstances with the approval of Inspector General of Prisons.

Note 1: The prisoners who have been convicted by the trial court may avail custody parole from prison authorities though their appeals are pending before the higher courts.

Note 2: The emergency may include delivery of a child by the wife of the convict, death of a family member, marriage of children, terminal illness of family members and natural calamities.

Competent authority to sanction

emergency parole/custody parole

1197. The Superintendent of Prison should be the competent authority to grant emergency parole/custody parole to convict prisoners under Police protection. Such801 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 parole shall be given after verifying the facts of the case by contacting the concerned police authority by the quickest mode of communication available.

1198. Only the Trial Court concerned shall be competent to grant emergency parole to undertrial prisoners.

1199. The Superintendent of Prison shall verify the existence of the circumstances mentioned in Rule 1196 above from the concerned Police Station immediately on receipt of the application/request to that effect.

1200. The emergency parole/custody parole may be granted to visit any place outside State of Goa but within the territorial limits of India, subject to reasonable logistic and security constraints by Inspector General of Prisons. The cost of transportation of the prisoner and the police shall be borne by prisoner; however, Inspector General of Prisons may waive the cost of transportation of the prisoners, who cannot afford the same in exceptional circumstances.

1201. The prisoner would be escorted to the place of visit until his return there from, ensuring the safe custody of the prisoner. Such prisoner would be deemed to be in prison for the said period which would also be treated as period spent in prison.

Regular parole

Competent authority to sanction regular

parole

1202. The Head of the Prison Department or any other competent authority as mentioned in the law/instructions on the subject should be the competent authority for grant of regular parole to convict prisoners.

1203. Undertrial prisoners are not eligible for regular parole and furlough, however, may be released on emergency parole under police protection/custody parole, that too by the order of the concerned trial court. It is clarified that where an appeal of a convict against conviction is pending before the High Court, regular parole should not be granted since the convict can seek appropriate orders from the High Court.

1204. In order to be eligible for release on

parole in terms of rule above,—

(1) A convict must have served at least the period of one year in prison excluding undertrial period and any period covered by remission. However, in exceptional cases, where the prisoner has spent more than 3 years as undertrial period or half of the sentence of the punishment awarded as undertrial then his parole application may be considered, if he has spent at least 6 months in prison as convict.

(2) The conduct of the prisoner who has been awarded major punishment for any prison offence should have been uniformly good for last two years from the date of application and the conduct of prisoner who has been awarded minor punishment or no punishment for any prison offence in prison should have been uniformly good for last one year from the date of application.

(3) During the period of release on parole or furlough, if granted earlier, the convict should not have committed any crime.

(4) The convict should not have violated any terms and conditions of the parole or furlough granted previously.

(5) A minimum of six months ought to have elapsed from the date of surrender on the conclusion of the previous parole availed. In emergency, parole may be considered even if minimum period of six months has not elapsed from the date of termination of previous Parole.

1205. In the following cases, parole shall not be granted, except, if in the discretion of the competent authority special circumstances exist for grant of parole,—

(1) Prisoners convicted under sedition,

terrorist activities and NDPS Act.

(2) Prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the District Magistrate of his home802 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 district or there exists any other reasonable ground such as a pending investigation in a case involving serious crime.

(3) Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak of riot, mutiny or escape, or rearrested who absconded while released on parole or furlough or who have been found to be instigating serious violation of prison discipline as per the reports in his/her annual good conduct report.

(4) Convicted foreigners subject to prior approval of Ministry of Home Affairs & Ministry of External Affairs and having valid permission to stay in India.

(5) Prisoners suffering from mental illness, if not certified by the Medical Officer to have recovered.

(6) If the prisoner is convicted of murder after rape.

(7) If the prisoner is convicted under POCSO.

(8) If prisoner is convicted for multiple murders whether in single case or several cases.

(9) If prisoner is convicted for dacoity with murder.

(10) If prisoner is convicted for murder after kidnapping for ransom.

(11) If the prisoner is convicted under Prevention of Corruption Act.

(12) If the case is investigated by the Central Bureau of Investigation or Central Agency.

(13) Prisoners whose work and conduct have not been good during the preceding 12 months.

1206. (1) Subject to the above, eligibility for parole should be regulated as follows:

Sentence When due for first When due for second When due for subsequent Duration of release on Parole release on Parole release on Parole leave per term

shall not exceed

Any On completion After completion of After completion of 30 days. sentence of one year of six months of actual six months of actual exceeding actual imprison- imprisonment–to be imprisonment–to be one ment–to be counted counted from the counted from the year from the date of date of his last date of his last

admission to prison return from leave return from leave as convict

(2) Provided that there should be three months gap between parole and furlough last availed.

(3) Provided further that in the exceptional circumstances such parole can be extended further up-to a period of 15 days with the approval of the Government only once in a block of three years, but in no case such parole should be extended further.

Procedure for disposal of applications

1207. The following procedure would be followed while processing the application for parole and thereafter,—

(1) An application for grant of parole may be submitted by the prisoner or family members to the Superintendent of Jail as per the form specified in Appendix-24.

(2) The application must contain the

following details,-

(a) Name of the applicant;

(b) Name of the father/spouse of the

applicant;

(c) Address of the applicant;

(d) In case the application is being moved by a family member, the details of relationship with the convict;

(e) Whether any other application of the convict is pending for parole or furlough.

(f) Last confirmed address of the convict;

(g) Reasons for seeking parole; and

(h) Proposed address where the convict

wishes to stay during parole.

(3) Upon receipt of the application, the Superintendent of Jail would make an entry in the parole register immediately maintained for the purpose. The Superintendent would verify the grounds stated in the application upon an oral interview with the prisoner and shall make specific recommendations with regard to the grounds taken by the convict in the nominal roll.

(4) The Superintendent of Prisons shall forward application of the convict to the Inspector General of Prisons along with a copy of Nominal Roll of the convict as provided in Appendix-25. In case of convict falling under Rule 1205, a report of the Probation Officer, if available, should also be sent along with the application of the convict.

(5) The Inspector General of Prisons shall then forward a copy of the application to the Director General of Police of Goa along with copies of the same each to the Superintendent of Police of the concerned district where the FIR was registered, Superintendent of Police of the last known address, Superintendent of Police where the convict wishes to stay and the investigating agency of the case, if any for their report.

(6) The report from above police authorities and investigating agency should be based upon a fair enquiry.

(7) The report by the Superintendent of Police shall be furnished as specified in Appendix-24, within two weeks from the date of receipt of the copy of the said application at his office.

(8) If the report is not received within two weeks from the concerned Superintendent of Police, the Inspector General of Prisons shall send a communication in writing to the Director General of Police of the State concerned with a copy to the concerned Superintendent of Police requiring the submission of a report within two weeks from the date of receipt of the communication.

(9) In case verification report is required from the Police of any other State, the same should be sought from the Superintendent of Police of the District concerned through the Director General of Police, Goa. The said report shall be furnished by the concerned authority in accordance with the form prescribed in the Schedule within two weeks of the receipt of the copy of the application for parole.

(10) In case a report from the concerned Superintendent of Police of the District is not received within two weeks through the Director General of Police, Goa, the Inspector General of Prisons shall for ward a communication in writing to the Director General of Police of the State concerned for submission of the report within two weeks from the date of receipt of the said communication along with copy of the same to the Director General of Police, Goa.

(11) The opinion of the district authorities should be obtained every time a prisoner is released on parole. The Probation Officer may be asked to submit a repor t about the conduct of a prisoner during the release on parole.

1208. The office of the Inspector General of Prisons shall maintain the record including the receipt of the applications and other details of the applications.

1209. The Inspector General of Prisons shall decide the application for parole within 6 (six)804 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 weeks from the date of receipt of application by the Office of the Superintendent of Prisons. The decision shall be communicated to the Superintendent of Jail, who in turn shall communicate the same to the prisoner/ convict. In addition, the Superintendent of Jail shall ensure that a copy of the order is served on the convict/prisoner.

1210. The competent authority authorized to sanction parole may make an order (in Appendix-26) for the release of a prisoner subject to the following condition,—

(1) That the prisoner shall furnish cash security for the amount fixed by the competent authority and execute a personal bond or execute a bond with one or more sureties according to the direction of the competent authority;

(2) That the prisoner shall reside at the place designated by the competent authority and shall not go beyond the specified limits;

(3) That the prisoner shall keep good behaviour and shall not commit any offence during the period of release;

(4) That the prisoner shall report to the Probation Officer or police station of the area of his stay during the period of release, as per the frequency decided by the competent authority;

(5) That the prisoner shall neither associate with bad characters nor lead a dissolute life;

(6) That the prisoner shall be liable to be recalled immediately to prison in case he violates any of the conditions;

(7) That the prisoner shall surrender himself to the Superintendent of Jail on expiry of the release period as granted or on recall;

(8) Any other conditions as deemed fit.

1211. In case, the convict is not able to furnish the surety, if any, within four weeks from the copy of the order served, the Inspector General of Prisons, if applied by convict, may relax the condition of parole by himself or by competent authority subordinate to him in case the convict is being released for the first time on parole. In case, it is subsequent parole application then the Inspector General of Prisons may relax the condition of parole, provided the convict has not violated any condition of parole or furlough granted earlier. However, in both the cases, the condition of sureties shall not be relaxed.

Furlough

1212. A prisoner who is sentenced to 5 years or more of rigorous imprisonment and has undergone 2 years imprisonment after conviction with unblemished record become eligible for grant of furlough.

1213. Subject to the above, eligibility for furlough should be regulated as follows:

Sentence When due for first When due for second When due for subsequent Duration of

release on furlough release on furlough release on furloughe leave per year

Exceeding On completion After completion of After completion of 21 days during five years of two years of one year of actual six months of actual the first five but not actual imprison- imprisonment–to be imprisonment–to be years of con- more than ment undergone counted from the counted from the finement and 14 years date of his last date of his last 28 days for the

return from leave return from leave rest of term.

Prisoners On completion of After completion of After completion of 21 days during sentenced three years of one year of actual six months of actual the first five to life or actual imprison- imprisonment–to be imprisonment–to be years of con- imprison- ment undergone counted from the counted from the finement and ment date of his last date of his last return 28 days for the exceeding return from leave from leave 14 years

rest of term.

1214. If the prisoner commits an offence during the period, he is released on furlough then the period shall not be counted as sentence undergone.

1215. In order to be eligible to obtain furlough, the prisoner must fulfil the following criteria,—

(1) The prisoner should be a citizen of

India.

(2) The prisoner should not be a habitual

offender.

(3) The conduct of the prisoner in the prison is found to be satisfactory and should have earned remission in last 2 annual good conduct report and continues to maintain good conduct.

1216. The following categories of prisoners shall not be eligible for release on furlough,—

(1) Prisoners convicted under sedition,

terrorist activities and NDPS Act.

(2) Prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the District Magistrate of his home district or there exists any other reasonable ground such as pending investigation in a case involving serious crime.

(3) Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak of riot, mutiny or escape, or rearrested who absconded while released on parole or furlough or who have been found to be instigating serious violation of prison discipline as per the reports in his/ her annual good conduct report.

(4) Convicted foreigners.

(5) Prisoners suffering from mental illness, if not certified by the Medical Officer to have recovered.

Note-1: Simultaneous furloughs to co-accused convicts are ordinarily not permissible. However, when co-accused convicts are family members, simultaneous release may be considered in exceptional circumstances only.

Note-2: If an appeal of a convict is pending before the High Court or the period for filing an appeal before the High Court has not expired, furlough should not be granted and it would be open to the convict to seek appropriate directions from the Court.

1217. That the prisoners convicted of murder af ter rape, under POCSO Act, convicted for multiple murders whether in single case or several cases, dacoity with murder and murder after kidnapping for ransom, may be considered by the competent authority on the following parameters,-—

(1) Additional Inspector General of Prisons shall put specific recommendation for considering the said case.

(2) Social Welfare/Probation officer's repor t/recommendation shall be considered while deciding such furlough application.

(3) Subject to the conditions/rules mentioned in Rule 1213 to Rule 1215 above, the spell of furlough for such category would be as follows,-

(a) Only one spell of 2 weeks in first 5

years of eligibility.

(b) Two spells of furlough like all other

convicts in the subsequent years.

Procedure for disposal of applications

1218. The following procedure would be followed while processing the application for furlough and thereafter,—

(1) An application for grant of furlough as prescribed (in Appendix-24) may be submitted by the prisoner or family members to the Superintendent of Jail.

(2) The application must contain the

following details:

(a) Name of the applicant;

(b) Name of the father/spouse of the

applicant;

(c) Address of the applicant;

(d) In case the application is being moved by a family member, the details of relationship with the convict;

(e) Whether any other application of the convict is pending for parole or furlough;

(f) Last confirmed address of the

convict;

(g) Reasons for seeking furlough; and

(h) Proposed address where the convict wishes to stay during furlough.

(3) The Superintendent of Jail shall maintain a furlough register. Upon receipt of the application, the Superintendent of Jail would make an entry in the Register immediately. The Superintendent would verify the grounds stated in the application upon an oral interview with the prisoner and shall make specific recommendations with regard to the grounds taken by the convict in the Nominal Roll.

(4) The Superintendent of Jail shall forward application of the convict to the Inspector General of Prisons along with a copy of Nominal Roll of the convict as provided in Appendix-25. In case of convict falling under Rule 1217, a report of the Probation Officer, if available, should also be sent along with the application of the convict.

(5) The Inspector General of Prisons shall then forward a copy of the application to the Director General of Police of Goa along with copies of the same each to the Superintendent of Police of the concerned district where the FIR was registered, Superintendent of Police of the last known address, Superintendent of Police where the convict wishes to stay and the investigating agency of the case, if any for their report.

(6) The report from above said police authorities and investigating agency shall be based upon a fair enquiry.

(7) The report by the Superintendent of Police shall be furnished as specified in Appendix-24, within two weeks from the date of receipt of the copy of the said application at his office.

(8) If the report is not received within two weeks from the concerned Superintendent of Police, the Inspector General of Prisons shall send a communication in writing to the Director General of Police of the State concerned with a copy to the concerned Superintendent of Police requiring the submission of a report within two weeks from the date of receipt of the communication.

(9) In case verification report is required from the police of any other State, the same should be sought from the Superintendent of Police of the District concerned through the Director General of Police, Goa. The said report shall be furnished by the concerned authority in accordance with the form prescribed in the Schedule within two weeks of the receipt of the copy of the application for furlough.

(10) In case a report from the concerned Superintendent of Police of the District is not received within two weeks through the Director General of Police of Goa, the Inspector General of Prisons shall forward a communication in writing to the Director General of Police of the State concerned for submission of the report within two weeks from the date of receipt of the said communication along with copy of the same to the Director General of Police, Goa.

(11) The opinion of the district authorities should be obtained every time a prisoner is released on furlough. The Probation Officer may be asked to submit a report about the conduct of a prisoner during the release on furlough.

1219. The competent authority for grant of furlough would be the Inspector General of Prisons.

1220. The Inspector General of Prisons shall ensure that the application for furlough is cleared from all channels within six weeks from the date of receipt of the application by the Office of the Superintendent of Prison. The decision shall be communicated to the Superintendent of Jail, who in turn shall807 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 communicate the same to the prisoner/ convict. In addition, the Superintendent of Jail shall ensure that a copy of the order is served on the convict/prisoner.

1221. The competent authority authorized to sanction furlough may make an order (in Appendix-26) for the release of a prisoner subject to the following condition,—

(1) That the prisoner shall furnish cash security for the amount fixed by the competent authority and execute a personal bond, or execute a bond with one or more sureties according to the direction of the competent authority.

(2) That the prisoner shall reside at the place designated by the competent authority and shall not go beyond the specified limits.

(3) That the prisoner shall keep good behaviour and shall not commit any offence during the period of release.

(4) That the prisoner shall report to the Probation Officer or police station of the area of his stay during the period of release as per the frequency decided by the competent authority.

(5) That the prisoner shall neither associate with bad characters nor lead a dissolute life.

(6) That the prisoner shall be liable to be recalled immediately to prison in case he violates any of the conditions.

(7) That the prisoner shall surrender himself to the Superintendent of Prison on expiry of the release period as granted, or on recall.

(8) Any other conditions as deemed fit.

1222. In case, the convict is not able to furnish the surety, if any, within four weeks from the copy of the order served, the Inspector General of Prisons, if applied by convict, may relax the condition of furlough in case of the convict is being released for the first time on furlough. In case, it is subsequent furlough application then the Inspector General of Prisons may relax the condition of furlough, provided the convict has not violated any condition of parole or furlough granted earlier. However, in both the cases, the condition of sureties shall not be relaxed.

1223. In the event a prisoner being released on furlough belongs to any other State, then the local police station of that State shall be requested to keep a watch on the prisoner so released.

Miscellaneous

1224. The Inspector General of Prisons shall endeavour to maintain a computerized database to deal with all cases/applications for grant of parole/furlough.

1225. While disposing of an application for parole or furlough, the competent authority shall assess the behaviour and trustworthiness of the convict on the one hand as well as any adverse repercussions, which may exist if parole or furlough is granted. The authority shall act fairly and state reasons if the application is rejected.

1226. On receipt of an order from the competent authority, the prisoner should be released on parole or furlough after he has executed the necessary bond and has signed the conditions of release to the satisfaction of the Superintendent of Jail. At the time of release the prisoner should be supplied with an identity card and certificate of release on parole or furlough.

1227. The prisoner shall be kept informed of all the decision on his application. If his request for release on parole or furlough is rejected, he shall be informed of the grounds of such rejection.

1228. Prisoners whose conduct is found unsatisfactory during his/her release on parole or furlough may be debarred for this concession for a specified period of time by Head of the Prison Department on a report/ recommendation received from the Superintendent of Prison concerned. However, the concession so barred may be reviewed by the Head of Prison Department after 6 months from the date of the bar808 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 coming in to force, on a representation from the affected prisoner.

1229. The prisoner shall be informed of the ground of the bar as per Rule 1206 & 1213 and the period for which he/she shall not eligible for release on parole/furlough as per Rule 1205 & 1216.

Authorities to be informed

1230. Release of prisoner on parole/ /furlough should be intimated to the following authorities,—

(1) District Magistrate and Superin- tendent of Police of the district in which the prisoner proposes to spend the period of parole/furlough;

(2) District Magistrate and the District Superintendent of Police of the home district of the prisoner;

(3) Probation Officer in whose jurisdiction the prisoner proposes to spend the period of parole/furlough.

Sureties

1231. For release of prisoners, surety should be secured in one of the following ways,—

(1) On executing a personal bond (in

Appendix-27),

(2) The wages earned by the prisoners may be taken as cash security (in Appendix-28),

(3) The Probation Officer may be asked

to arrange necessary surety,

(4) Panchayat of the home village of the

prisoner may stand surety for him,

(5) Family members/relatives/friends of the prisoners, if of good antecedents, may stand surety for him. (in Appendix-29)

1232. A register shall be maintained in the prison in the prescribed form in which all the details relating to release of prisoners on parole and furlough shall be maintained. This record shall also be maintained on computers wherever the computerization of record has taken place. The prisoners shall be kept informed of his eligibility and right to release on parole and furlough on regular basis by updating the record of the prisoner.

Travel expenses

1233. The prisoner shall himself meet all expenses, including those on journey to and from the place of his stay, after his release on parole/furlough from prison.

1234. The punishments may be awarded to the prisoner for overstaying the parole or furlough as the overstaying on parole or furlough would amount to misconduct on the part of the prisoner and deemed prison offence for violation of the terms and condition of the parole and furlough rules and may be punished for prison offences as provided in the Chapter of Prison Discipline and the prisoner shall be deemed to have committed an offence under Section 224 IPC and may also be prosecuted with Government sanction. In ever y case of over stay of furlough, the Superintendent of the prison shall bring every such fact to the notice of Inspector General of Prisons for his appraisal. The period spent, on violation of the conditions, shall not be counted towards part of sentence served.

1235. At the time of admission of a prisoner as convict, the prisoner would be furnished with a booklet which would contain the present rules. The said booklet would be available in Hindi/English/Konkani/Marathi (devnagari script). In case the convict knows none of the above mentioned language, suitable assistance would be provided to explain the contents.

1236. The Inspector General of Prisons shall send for consideration for Government, all cases of convicts who have not availed parole or furlough in the entire calendar year in accordance with the procedure laid down. The Government may consider these cases for grant of parole where they meet eligibility criteria.

1237. The prison administration shall endeavour that all the correspondences pertaining to parole or furlough shall be made through e-office.

CHAPTER XX

Premature Release

1238. Premature release of prisoners can

be of following four types,—

(1) By way of commutation of sentence of life convict and other convict under Section 433 of the Code of Criminal Procedure, 1973 by the State Government.

(2) By way of remitting term sentence of a prisoner under Section 432 of the Code of Criminal Procedure, 1973 by the State Government.

(3) By order of the Head of the State passed exercising power under Article 72 or Article 161 of the Constitution of India, as the case may be.

(4) Premature release under any special Law enacted by the State providing for release on probation of good conduct prisoners after they have served a part of the sentence.

1239. No guidelines need to be prescribed here for premature release of convicts falling under sub-clause (ii) to (iv) of Rule 1238 above because the relevant provisions of the Code of Criminal Procedure, 1973, the Constitution of India and the special legislation of the State are to be followed. For premature release of convicts falling under sub-clause (i) of Rule 1238 above, guidelines or policy for premature release of life convicts as prescribed in this chapter may be followed.

Composition of the Sentence Review Board

(SRB)

1240. State shall constitute a Sentence Review Board (SRB) to recommend premature release of life convicts in appropriate cases. This shall be a permanent body having the following members:

(i) Principal Secretary/Secretary Chairman

Home (In-charge of prisons)

(ii) Law Secretary Member (iii) Inspector General of Prisons Member

Secretary

(iv) A Senior Police Officer Member

nominated by the DGP/IGP

of the State not below the rank of Superintendent of Police

(v) Probation Officer Member (vi) Additional Inspector General Member

of Prisons

Quorum

1241. The cases put forward to the SRB shall be considered even when one or more members of the committee are not able to attend the meeting or when there is a vacancy on the committee. The quorum shall comprise of 4 members including the Chairman and the SRB shall not take any decisions when the quorum is not complete.

Periodicity of the SRB's meetings

1242. The SRB shall meet at least once in six months on a date to be notified to its members at least 10 days in advance by the Member Secretary. The notice of such a meeting shall be accompanied by complete agenda papers.

1243. However, the Chairman of the SRB can convene a meeting of the Committee more frequently, even at short notices, if necessary. Minutes of the meetings shall be recorded in the register specially kept for the purpose under signature of all the members present at the meeting.

Eligibility for premature release

1244. The following categories of life convict prisoners shall be eligible to be considered for premature release by the SRB,—

(1) Women offenders sentenced to life imprisonment, on completion of eight years of imprisonment, including remission, except those covered under Section 433-A of the Code of Criminal Procedure, 1973, whose cases should be considered only af ter completing 14 years of actual imprisonment.

(2) Life convicts (men and young offenders) on completion of 10 years of imprisonment, including remission, except those covered under Section 433-A of the810 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Code of Criminal Procedure, 1973, whose cases should be considered af ter completing 14 years of actual imprisonment.

(3) Prisoners convicted of offences such as rape, dacoity, terrorist crimes, kidnapping, kidnapping for ransom, crime against women & children, smuggling (including those convicted under NDPS Act), Prevention of Corruption Act, Immoral Traffic Prevention Act, offences against State, and undergoing life imprisonment, after completion of 14 years of sentence inclusive of remission.

(4) Old and infirm offenders of 65 years of age on the day of the commission of offence, sentenced to life imprisonment, on completion of 10 years of sentence or 75 years of age including remission, whichever is earlier subject to the condition that they shall not be actually released unless they have undergone at least five years of imprisonment including remission.

(5) Women offenders sentenced for infanticide: their cases should be reviewed immediate on admission in prison and they should be sent to the care of voluntary organisations of good repute for a reasonable period of time.

(6) Women offenders who have committed crime under compulsion and/or under social and cultural pressures: their cases should also be reviewed immediately on admission in prison for sending them to the care of voluntary organisations of good repute.

(7) Women offenders sentenced to life imprisonment: on completion of seven years of imprisonment, including remission, except those covered under section 433-A of Code of Criminal Procedure, 1973, whose cases should be considered only after completing 14 years of actual imprisonment.

(8) Life convicts (men and adolescent offenders) on completion of 10 years of imprisonment, including remission, except those covered under section 433-A of Code of Criminal Procedure, 1973, whose cases should be considered only after completing 14 years of actual imprisonment.

(9) Non-habitual male and adolescent offenders (other than those sentenced to imprisonment for life), sentenced to undergo more than one year of imprisonment, on undergoing half of their substantive sentence, including remission, subject to the condition that they shall not be actually released unless they have undergone at least one year of sentence including remission.

(10) Non-habitual women offenders (other than those sentenced to imprisonment for life), sentenced to a term of imprisonment of more than one year, on undergoing half of their substantive sentence, including remission. This would be subject to the condition that they shall not be actually released unless they have undergone at least year's imprisonment including remission.

(11) Habitual offenders (other than those sentenced to imprisonment for life) sentenced to five years or more of imprisonment, on completion of two-third of their sentence including remission, subject to the condition that they shall not be released unless they have undergone at least five years of imprisonment including remission.

(12) Prisoners convicted of offences mentioned in Para (iii), other than those sentenced to imprisonment for life, or to a term of imprisonment of five years and above, after completing three-fourth of the sentence including remission, subject to the condition that they shall not be released unless they have undergone at least five years of sentence including remission.

(13) Old (above 65 years of age) and infirm offenders (other than those sentenced to imprisonment for life) sentenced to one-third of the substantive sentence including remission, subject to the condition that they shall not be actually811 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 released unless they have undergone at least one year of imprisonment including remission.

(14) Offenders certified by a designated Medical Board to be suffering from incurable diseases likely to prove fatal, whenever such a situation arises.

Procedure

1245. The procedure to be followed for eventual consideration by the SRB under the rules for every life convict eligible shall be as follows,—

(1) Every Superintendent in charge of a prison shall initiate the case of a prisoner at least three months in advance of his/ her becoming eligible for consideration for premature release as per the criteria laid down by the State Government in the guidelines to be notified separately for eligibility of premature release of life convicts.

(2) The Superintendent of Prison shall prepare a comprehensive note for each prisoner, giving his family and societal background as per the record of the case, the offence for which he was convicted and sentenced, and the circumstances under which the offence was committed. The Superintendent shall also reflect fully on the conduct and behaviour of the prisoner in the prison during the period of his incarceration, and during his/her release on probation/leave, change in his/ her behavioural pattern, and prison offences, if any, committed by him/her and punishment awarded to him for such offences. A report shall also be made about his physical and mental health or any serious ailment with which the prisoner is suffering, entitling him for premature release as a special case. The note shall also contain recommendation of the Superintendent, i.e., whether he favours the premature release of the prisoner or not. In either case such recommendation shall be supported by adequate reasons.

(3) The Superintendent of the prison shall make a reference to the Superintendent of Police of the district, where the prisoner was ordinarily residing at the time of the commission of the offence for which he was convicted and sentenced or where he is likely to resettle after his release from the Jail. However, in case the place where the prisoner was ordinarily residing at the time of commission of the offence is different from the place where he committed the offence, a reference shall also be made to the Superintendent of Police of the district in which the offence was committed in either case, he shall forward a copy of the note prepared by him to enable the Superintendent of Police to express his views in regard to the desirability of the premature release of the prisoner.

(4) On receipt of the reference, the concerned Superintendent of Police shall cause an inquiry to be made in the matter through a senior police officer of appropriate rank and based on his own assessment shall make his recommendations. While making the recommendations the Superintendent of Police shall not act mechanically and oppose the premature release of the prisoner on untenable and hypothetical grounds/ apprehensions. In case the concerned Superintendent of Police is not in favour of the premature release of the prisoner, he shall justify the same with cogent reasons and material. He shall return the reference to the Superintendent of the concerned Jail not later than 30 days from the receipt of the reference.

(5) The Superintendent of Jail shall also make a reference to the Probation Officer and shall forward a copy of his note. On receipt of the reference, the Probation Officer shall hold an inquiry in regard to the desirability of premature release of the prisoner having regard to his family and social background, his acceptability by his family members and the society, prospects of the prisoner for rehabilitation and leading a meaningful life as a good citizen. He should not act mechanically and recommend each and ever y case for812 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 premature release. In either case he should justify his recommendation by reasoned material. He shall furnish his report with recommendations to the Superintendent of the Jail not later than 30 days from the receipt of the reference.

(6) Superintendent to make reference and obtain medical report from the Medical Officer about the physical and mental condition of the offender, serious illness, if any, suffered by him/her, and his/her fitness for premature release;

(7) Superintendent to make reference and obtain definite opinion of the District Magistrate and the Superintendent of Police of the district about residence, place of committing the crime, suitability of the offender for premature release with adequate reasons on enquiry in the format specified in Appendix-30.

(8) On receipt of the repor t/ recommendations of the Superintendent of Police, Probation Officer, District Magistrate and Medical Officer, the Superintendent of Jail shall put up the case to the Inspector General of Prisons at least one month in advance of the proposed meeting of the SRB. The Inspector General of Prisons shall examine the case, bearing in mind the repor t/recommendations of the Superintendent of Jail. Superintendent of Police, Probation Officer and District Magistrate shall make his own recommendations with regard to the premature release of the prisoner or otherwise keeping in view the general or special guidelines laid down by the Government for the SRB. Regard shall also be had to various norms laid down and guidelines given by the Apex Court and the High Court in the matter of premature release of prisoners.

Other Cases of premature release

1246. When a convicted prisoner, in the opinion of a Medical Board, is in danger of death from sickness (not due to an infectious disease) with no hope of recovery within or outside the prison, the Superintendent shall report the fact to the Inspector General of Prisons if it is considered desirable to allow such prisoner the comfort of dying at home. The Medical Board shall send a Certificate as prescribed in Appendix-31 together with a detailed report of the case to the Superintendent of Prison.

1247. If the unexpired period of the prisoner's sentence does not exceed six months, the Inspector General of Prisons may direct his/her immediate release, af ter making personal inquiries into the case and consulting the District Magistrate of that district.

1248. If the unexpired period of the prisoner's sentence exceeds six months, the Inspector General of Prisons shall immediately report the facts of the case, along with his recommendations, to the Government.

1249. No prisoner, without any friends or relatives willing to take charge of him/her, shall be released under this rule.

1250. This rule shall not apply to a prisoner who goes on a hunger strike. A prisoner on hunger strike shall in no circumstances be released.

1251. If a Medical Board considers that a convicted prisoner is in danger of dying from illness (not due to an infectious disease), and that there is a probability of his/her recovery when released, he shall furnish a certificate to that effect. On receipt of the certificate the Superintendent shall immediately report the fact to the Inspector General of Prisons. He shall also at the same time send for the prisoner's relatives or friends and ascertain whether they are willing to look after him. If so, he shall take from them a security bond to the effect that in the event of the prisoner being prematurely released on account of illness, they will give him/her up at any time they may be required to do.

1252. If a prisoner detained solely under a sentence of imprisonment in default of furnishing security to maintain peace or for good behaviour, is so seriously ill that he/ she is likely to die, whatever be the term of813 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 his unexpired sentence, the Superintendent shall refer the case to the District Magistrate of the District, in case the order is passed by an Executive Magistrate, or to the Court of Sessions, in case the order has been passed by a Judicial Magistrate, for necessary orders of release under Section 123 of the Code of Criminal Procedure, 1973.

1253. Every case of release under these rules shall immediately be reported to the Inspector General of Prisons by the Superintendent of Prison. The District Magistrate and Superintendent of Police of the district of the convict so released shall also be informed accordingly by the Superintendent of Prisons.

1254. If the friends or relatives of a sick or dying prisoner, whose release has been sanctioned under above rules, express their inability to meet the expenses of a journey to the prison, the prisoner may be transferred, if fit to travel, in anticipation of sanction of the Inspector General, to the prison of the district where he/she shall stay, provided that no prisoner shall be so transferred to any district beyond the jurisdiction of the State without the special sanction of the State Government concerned.

1255. In the event of such a prisoner dying before he/she can be released, the death shall be recorded in the records of the prison from which he/she was transferred.

Guidelines for the SRB

1256. The Board shall follow the following procedure and guidelines while reviewing the cases and making its recommendations to the competent authority,—

(1) The Inspector General of Prisons with the prior approval of Chairman shall convene a meeting of the Sentence Review Board on a date and time, advance notice of which shall be given to the Chairman and Members of the Board, at least ten days before the scheduled meeting and it shall accompany the complete agenda papers i.e. the note of the Superintendent of Jail recommendations of the Superintendent of Police, Probation Officer and Inspector General of Prisons along with the copies of documents, if any.

(2) The meeting shall ordinarily be chaired by the Chairman and if, for some reasons, he/she is unable to be present, it shall be chaired by the Law Secretary- cum-Legal Remembrancer. The Member Secretary shall present the case of each prisoner under consideration before the Sentence Review Board. The Sentence Review Board shall consider each case and give its views. As far as practicable, the SRB shall make unanimous recommendations. However, in case of dissent, the majority view shall prevail and shall be deemed to be the decision of the Sentence Review Board. If equal numbers of members are of opposing views, the decision of the Chairman shall be final. However, the views of the opposing members should be recorded.

(3) While considering the case of premature release of a particular prisoner, the Board shall keep in view the general principles of amnesty/remission of the sentence as laid down by the Government or by courts as also the earlier precedents in the matter, the paramount consideration before the Sentence Review Board being the welfare of the prisoner and the society at large. The Board shall not ordinarily decline a premature release of a prisoner merely on the ground that the police have not recommended his release. The Board shall take into account the circumstances in which the offence was committed by the prisoner and whether he has the propensity and is likely to commit similar or other offence again.

(4) Rejection of the case of a prisoner for premature release on one or more occasions by the Sentence Review Board shall not be a bar for its reconsideration. However, the reconsideration of the case of a convict, rejected once, shall be done only after a period of 12 months, or as specified by the Sentence Review Board, but not more than 18 months from the date of its last consideration. A fresh report from814 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the Superintendent shall be necessary for such reconsideration, provided that, if the Probation Officer, District Magistrate and Superintendent of Police have once expressed a favorable opinion in a prisoner's case which is to be placed before the Sentence Review Board, he need not be consulted again in that case on subsequent occasions. It is prescribed that rejection of the case of a prisoner of premature release should be based on sound reasons conforming to the guidelines issued by the State Government in this regard. No prisoner or any of his relatives shall be informed of the decisions/ recommendation taken by the Sentence Review Board until the order of the Government.

(5) The recommendation of the Sentence Review Board shall be placed before the State Government for consideration without any delay. The State Government may either accept the recommendations of the Sentence Review Board or reject the same on the grounds to be stated or may ask the Sentence Review Board to reconsider a par ticular case. Before actually exercising the power of remission under Section 432 of the Code of Criminal Procedure, 1973, the State Government must obtain the opinion (with reasons) of the presiding judge of the convicting or confirming Cour t. Remissions can, therefore, be given only on a case-by-case basis and not in a wholesale manner⁶. The decision of the State Government shall be communicated to the concerned prisoner and in case the State Government has ordered for his premature release, the prisoner shall be released forthwith, with or without conditions, as prescribed in the guidelines issued by the State Government in this regard.

Violation of conditions

1257. If any convict violates any condition

then he shall be dealt as under,—

(1) If any convict, before being released from the prison, after being recommended by the SRB and yet to be approved by the Government for release commits any prison offence or offence under any law for the time being in force then his case shall again be put up before next SRB after withdrawing his case from the Government, or if the case is approved by the Government then the case of the convict shall be put up before the next SRB only after approval of the Government.

(2) If any convict after being released from the prison violates any condition of the release or commits any offence under any law for the time being in force then he shall be sent back to the prison after taking approval from the Government to serve the original sentence.

Monitoring of cases

1258. A computerised record of all the prisoners serving sentence in the prisons, for a follow up of their cases, is extremely desirable in every prison as well as at the prisons Headquarters and at the Home or prison Department of the State Government. The monitoring system should be based on the following guidelines,—

(1) There should be a single file system for the case of every prisoner. Such files shall be maintained at the prison institution.

(2) This file shall have a complete record of information regarding the consideration of a prisoner's premature release on any grounds on previous occasions and the date of reconsideration of the case.

(3) Full record of information regarding the stage of each prisoner's premature release shall be kept in a register prescribed for the purpose as well in computers.

(4) Monitoring of all cases shall be done every month at the prison level and every three months at Prison Headquarter level.

Record relating to review of sentences and

premature release

1259. Immediately on admission of a life convict, eligible for being considered for815 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 premature release, the Superintendent of the prison should get a copy of the judgement in his/her case from the Court and open a file. This file should contain,—

(1) Copies of the judgements of the

original court and the Appellate Court.

(2) A data sheet containing information, viz. name of the convict, his/her number, age at the time of the sentence, previous occupation, offences, sentences, date of sentence, sentencing cour t, sentence undergone, unexpired sentence and remission earned.

(3) Report of the Superintendent giving particulars about the educational progress, performance at work and vocational training, interest in recreational and cultural activities, discipline, group adjustability, conduct, attitude towards society and family members, conduct during release on leave, need for an after- care programme, and the manner in which the convict proposes to resettle after his/ her premature release.

(4) Medical report about the physical and mental condition of the offender, serious illness, if any, suffered by him/her, and his/her fitness for premature release.

(5) Rejection of his premature release case by the SRB on previous occasions, if any.

(6) Order of the Government.

(7) Bond furnished by the prisoner.

(8) Conditions of release duly signed by

the prisoner.

1260. Premature release of convicts other than life convicts.— (1) Under Section 432 of the Code of Criminal Procedure, 1973, the State Government may remit the sentence of any convict other than the life convict on case to case basis on the request of the convict. The procedure prescribed under Section 432 Code of Criminal Procedure, 1973 shall be adhered to while remitting such sentence.

(2) Under Section 433 of the Code of Criminal Procedure, 1973, the State Government may commute the sentence of any convict as prescribed subject to the provisions of Section 433A of the Code of Criminal Procedure on case to case basis on the request of the convict or without the consent of the person.

1261. Premature release of convicts convicted in the State other than where they are confined.— The case of premature release of convicts convicted in the State other than where they are confined shall be undertaken by the SRB of the State where the convict was convicted but the case shall be prepared and forwarded by the Superintendent of the prison where the convict is confined at the relevant time through the Head of the Prison Department of that State.

1262. The cases of convicts falling under the provisions of Section 435 of the Code of Criminal Procedure, 1973 shall be processed by the State Government concerned after consultation with the Central Government.

CHAPTER XXI

Prison Discipline

Scope

1263. Prison discipline shall cover all

aspects of institutional life such as,—

(1) discipline of good health,

(2) discipline of work,

(3) discipline of proper behaviour,

(4) discipline of education and learning,

and

(5) discipline of interest in finer aspects

of life.

Prohibited Articles

1264. The articles specified or included in any of the descriptions, contained to the list mentioned hereinafter, shall be prohibited articles, within the meaning of Section 42 of the Prisons Act 1894, namely,—

(1) All tobacco items, pan masala or similar

items.

(2) Spor ts shoes (ankle with spongy padding which may be used for concealing prohibited items).

(3) Liquors of ever y description, all intoxicating or dangerous drugs, poisonous substances and chemicals, whether fluid or solid, of whatever description, ganja, bhang, opium, smack, charas and other intoxicants.

(4) All explosives, arms, ammunitions and weapons, knives and cutting implements of every kind and articles which are capable of being used as a weapon of whatever description.

(5) All bullion, metal, coin, jeweller y, ornaments, goggles, currency notes, securities and articles of value of every description.

(6) String, rope, chains, belt and all materials which are capable of being converted into string or rope or chains, of whatever description.

(7) Laptop, Desktop, I-pads, Tablets/ /Phablets, cell phones, charger, battery, SIM- card, data-card, wireless or any other telecommunication electronic gadget unless the same is permitted by the Inspector General of Prisons for the staff for official purposes.

(8) Playing cards or other implements of

gambling.

(9) Tape recorders, typewriters and other

equipment that can be misused.

(10) wearing apparels made of denim or any

thick/heavy fabric;

(11) Every article, of whatever description, which has not been issued by the prison administration or not permitted inside the prison by the Superintendent.

(12) Any other article/item declared to be prohibited by the Inspector General, from time to time. However for meeting administrative exigencies, Inspector General of Prisons or any of the officer, empowered by him in this behalf may, for the reasons to be recorded in writing, permit an article to be,-

(a) introduced into any prison; or

(b) removed from any prison;

The provisions of this rule shall be applicable to all persons including prisoners, prison officers, visitors and any person entering the prison except where specifically provided in the rules.

Prison offences and punishments

1265. Following acts of the prisoners shall constitute prison offences.— (1) Endangering the security of the prison in any way, by a wilful or negligent act and shall include tampering in any way with prison walls, building, bars, locks and keys, lamps or lights or with any other security and custody measure.

(2) Doing any act calculated to create unnecessary alarm in the minds of other prisoners.

(3) Doing or omitting to do any act with intent to cause to oneself any illness, injury or disability.

(4) Omitting to report the commission of any

prison offence.

(5) Breaking Law and order and prison

discipline.

(6) Planning, instigating and abetting, directly or indirectly, the commission of any prison offence.

(7) Refusing, omitting to abide by standards of behaviour, rules and regulations and lawful instructions and orders.

(8) Failing to assist in the maintenance of

prison discipline.

(9) Failing to give assistance to a prison

official when called to do so.

(10) Making false, malicious and groundless, written or verbal, complaints against prison officials.

(11) Committing nuisance or mischief of any

sort.

(12) Quarrelling with other prisoners.

(13) Smoking.

(14) Attacking, assaulting, and causing

injuries to others.

(15) Participating in a riot or mutiny, abetting

another prisoner to do the same.

(16) Escaping or attempting to escape from prison or legal custody or failing to report to prison officials about attempted escapes.

(17) Possessing, hiding, smuggling, attempting to smuggle, obtaining, giving or receiving and bar tering contraband or prohibited articles.

(18) Failing to report to prison officials about

contraband or prohibited articles.

(19) Stealing/damaging/destroying/ /disfiguring/misappropriating any government property or another prisoners' articles and property.

(20) Failing to repor t at once any loss, breakage or injury, which the prisoner may accidentally have caused, to prison property or implements.

(21) Tampering with or defacing identity

cards, records or documents.

(22) Breach of the conditions of furlough and

parole.

(23) Refusing to eat food or going on a

hunger-strike.

(24) Eating or apportioning any food not assigned to him or taking from or adding to the portions assigned to another prisoner.

(25) Wilfully or negligently destroying or spoiling food, or throwing it away without orders.

(26) Introducing into food or drink anything likely to render it unpalatable, unwholesome, or dangerous for human consumption.

(27) Cooking unauthorisedly.

(28) Violating rules and regulations framed

for the systematic running of the canteen.

(29) Bartering canteen articles.

(30) Being idle, careless or negligent at work, refusing to work, malingering, disturbing other prisoners at work, or in barracks.

(31) Manufacturing any article without the

knowledge or permission of a prison officer.

(32) Performing any portion of the task allotted to another prisoner or obtaining unauthorised assistance of another prisoner in the performance of one's own task.

(33) Apportioning to any prisoner any part

of the task to be performed by him/her.

(34) Mixing or adding a foreign substance

to the materials issued for work.

(35) Wilfully disabling himself from labour.

(36) Converting, or attempting to convert,

a prisoner to a different religious faith.

(37) Wilfully hur ting other's religious

feelings, beliefs and faiths.

(38) Agitating or acting on the basis of caste

or religious prejudices.

(39) Having any communication, in writing or by word or by signs, without permission, with any outsider, an undertrial prisoner, detenus, civil prisoners, and approvers.

(40) Sending messages surreptitiously by

writing or verbally.

(41) Participating in, or organising, unauthorised activities like gambling and betting.

(42) Using indecent, abusive, insolent, threatening or improper language; being disrespectful, making indecent or vulgar acts or gestures.

(43) Soiling or befouling any place or article.

(44) Loitering or lingering, leaving the appointed area or work-group without permission.

(45) Failing to assist, or preventing another person from assisting, prison officials in suppressing violence, assault, riot, mutiny, attack, gross personal violence or any other emergencies.

(46) Concealing any prohibited article.

(47) Omitting or refusing to march in file

when moving in the prison.

(48) Omitting or refusing to wear the clothing given to him or exchanging any portion of it with the clothing of other prisoners or losing, discarding, damaging or altering any part of it.

(49) Removing, defacing, or altering any distinctive mark or badge attached to or worn on the clothing of person.

(50) Omitting or refusing to keep himself clean or disobeying any order regulating the cutting of hair or nails.

(51) Omitting or refusing to keep clean his clothing, bedding, utensils or disobeying any order as to the arrangement or disposition of such article.

(52) Spitting on or otherwise spoiling any floor, door, well or other part of the prison building or any article in the prison.

(53) Hanging clothes or curtains which tend

to seclude a prisoner from sight of others.

(54) Offences committed by a prisoner while in transit or in judicial lock-up, any of the offences, mentioned in the Prisons Act, 1894 and the preceding rule shall be deemed to be the prison offence being committed by a prisoner while in transit from one prison to another or to hospital or to court or while in judicial lock-ups or any other place. He can be awarded punishment by the Superintendent after obtaining the report of the officer in-charge of the escort.

(55) In respect of the following offences, the Superintendent shall report the case to the Local police, for action in accordance with the Code, namely:

(a) Offences under Narcotics, Drugs and

Psychotropic Substances Act;

(b) Offences punishable under the Indian

Penal Code including:

(i) Section 147 - rioting;

(ii) Section 223 - escape negligently

suffered by a public servant;

(iii) Section 224 - resistance or obstruction to lawful apprehension or escape or attempt to escape from lawful custody;

(iv) Section 304-A - causing death by a

rash or negligent act;

(v) Section 309 - attempt to commit

suicide;

(c) Any offence triable exclusively by the

Court of Sessions.

Punishments for prisoners of all categories

1266. No punishment or denial of privileges and amenities, or no transfer to other prisons with penal consequences, shall be imposed on prisoners without judicial appraisal.

1267. The following punishment(s) may be awarded by the Superintendent to prisoners for committing any prison offence. These are classified into minor punishments and major punishments.—

(1) Minor Punishments,— (a) Formal warning which shall be personally addressed to the prisoner by the Superintendent and recorded in the punishment book.

(b) Loss of privileges given to the prisoners in detention for a maximum of one month.

(c) Forfeiture of earned remission up to ten

days.

(2) Major Punishments

(a) Forfeiture of remission up to a period of thirty days at any one time or with the approval of the Inspector General remove a prisoner from the remission system up to a period of six months:

(b) Provided that the Inspector General shall have power to forfeit all earned remissions, other than remissions given by the Government, or to remove a prisoner from the remission system for the entire period of his imprisonment;

(c) Stoppage of recreational facilities up to a period of one month or canteen facilities for a period of one month or stoppage of interviews for a period up to three months;

(d) In case of breaches and violations in conditions of release on parole or furlough, not counting the said period towards imprisonment;

(e) Segregation up to a period of three months and with the sanction of the Inspector General, up to a period of six months;

(f) Loss of privileges given to the prisoners in detention from one month to three months;

(g) Transfer to greater security prisons

and consequent loss of privileges;

(h) Not counting period of leave towards sentence in case of breach of conditions of leave;

(i) Forfeiture of earned remission beyond

10 days but not exceeding 90 days;

(j) Postponement of privileges of leave for a period not exceeding one year starting from the date of the inmate's next eligibility for release on leave;

(k) Monitoring under watch and security;

(l) In case of any damage to Government property, recovery of cost for such damage after proper enquiry effective with judicial appraisal;

(m) Inmate calling system stoppage up to

one month;

(n) Forfeiture of recovered/seized money;

(o) In case of a minor offence which is committed more than twice, the same will be treated as a major offence and punishment shall be awarded accordingly.

(p) Solitary confinement upto 30 days.

Procedure for awarding punishment

1268. For award of major punishment the prisoner should be given notice in writing, calling him to show cause with reference to the alleged violation of the jail Rule. The order of punishment should also be communicated to the concerned prisoner.

1269. The Superintendent shall hold an inquir y touching every prison offence committed or alleged to have been committed by a prisoner in the prison in a quasi-judicial manner recording the statements of all concerned witnesses, giving full opportunity to the offender for his defence. Confessional statements of the offender should also be recorded in the presence of two witnesses. Findings and punishment in the manner provided in law should be recorded after applying judicious mind by the Superintendent in his own hand in the prisoner's history ticket. The complete enquiry file, findings and the punishment awarded shall be immediately forwarded to the District and Sessions Judge for obtaining judicial appraisal in all cases except in cases of formal warning. Where such information, on account of exigency is difficult to be forwarded immediately, be given within two days of finding. The Superintendent shall satisfy himself that every punishment so ordered, is duly carried into effect in accordance with law:

Provided that the Superintendent, at any time, if physically incapacitated from making such record, cause the same to be made in his presence and under his directions.

1270. In respect of offence committed by the prisoners which are punishable both under the existing criminal laws and prison offences, it should be the discretion of the Superintendent either to use his own powers of punishments or to prosecute the offender before a court of Law.

1271. No prisoner should be punished twice

for the same offence.

1272. In the punishment book, prescribed in Section 12 of the Prisons Act, 1894, there shall be a record, in respect of ever y punishment inflicted.

1273. In the case of every serious prison offence, the names of the witnesses proving the offence, and the findings, with reasons thereof, should be recorded by the Superintendent.

1274. Against the entries relating to each punishment, the Deputy Superintendent, Additional Superintendent and the Superintendent shall affix their initials as evidence of the correctness of the entries.

1275. If any prisoner is guilty of any offence against prison discipline, which by reason of820 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment, under the Prisons Act, 1894, the Superintendent may forward such statement of offences committed by a prisoner to the Court of Chief Judicial Magistrate or Judicial Magistrate First Class having jurisdiction, and such Magistrate may, thereupon, inquire into and try the charge so brought against the prisoner and upon conviction, may award sentence of imprisonment which may extend to one year, in addition to any term for which such prisoner is undergoing imprisonment, or may sentence him to any of the punishments enumerated in Section 46 of the Prisons Act, 1894.

Duties of prisoners

1276. At the time of admission, prisoners should be provided with a Handbook outlining their duties inside the prison as provided in Appendix-1. The duties broadly include the following.-—(1) Obey the orders of all officers of prison (including clerks, medical and technical staff) and convict officers;

(2) Remain strictly with their groups and within the part of the prison in which they are confined, unless ordered by proper authority to leave it;

(3) Abstain from talking when in a file at unlocking or at latrine and bathing or other parades, or at any time when ordered by an officer of the prison to desist; also abstain from abusing, singing, quarrelling, laughing loudly, talking loudly and indecent behaviour at any time;

(4) Not hold any communication with outsiders, women, civil or undertrial prisoners or prisoners of a class different from their own, or with the guards, beyond what is absolutely necessary;

(5) Not receive or possess ganja or other drugs, money or jewellery, or any article of food or clothing prohibited by the rules, books, papers, writing materials of any description, rope, knife, or other implement (except during working hours and when the implement is required for work). When they find any of these articles in the prison or know of any other prisoner having possession of any such articles, they shall report the matter to the Deputy Superintendent or Warder or any other officer/ /official;

(6) Report any plot or conspiracy, and any attempt to escape, or any planned attack upon any prisoner or officer of the prison;

(7) Help the officers of prison in the event of

any attack upon them;

(8) Keep their clothes, blankets, beddings,

and utensils clean and in proper order;

(9) Keep their persons clean;

(10) Perform their assigned tasks willingly and carefully and take proper care of any property of government entrusted to them for any purpose;

(11) Be orderly in their behaviour; march when moving about the prison; when addressing or being addressed by an officer of the prison or visitor stand at attention with their hands down; and salute when ordered;

(12) Not to remove provisions from the kitchen or food servicing platforms without authority, or conceal any article of food in the wards or cells;

(13) Not to remove any unconsumed food

from the place where the meal is taken;

(14) Stick to the bed, ward, yard, and the seat assigned to them while at meals or at work;

(15) Not to loiter in the yards/wards, after the doors have been opened, or bathe beyond the specified hours;

(16) Not commit any nuisance or urinate in any part of the prison which has not been assigned for that purpose, or spoil any part of the prison or any article in the prison in any way;

(17) Show respect to all officers. Not to strike,

assault or threaten any officer or prisoner;

(18) Not to gamble or barter or play any game (unless specially permitted by the821 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Superintendent) within the prison; nor keep animals, birds or other pets;

(19) Wear the clothing given to them and not to exchange clothing or any part of their prison kit, with any other prisoner;

(20) Not to undertake any agitation,

organized protest or hunger strike.

(21) Military prisoners sentenced to simple imprisonment shall on no account be permitted to wear military uniform while in prison. If such a prisoner has no clothing in his possession other than his uniform, he shall be provided with prison clothing without the regulation stripes.

Grievance Redressal System

1277. Voicing resentment/grievance is an elementary human instinct. If it is suppressed, it can lead to an aberrant frame of mind which will be detrimental to natural and healthy growth of body and mind.-— (1) Therefore, there shall be an active Grievance Redressal System (G.R.S.) in every prison which should provide every inmate the legitimate opportunity to voice his grievances.

(2) The system should act as a safety valve against any possibility of sudden outbursts of suppressed grievances.

(3) There shall be one or more complaint boxes in every prison installed in centrally located and convenient places, within easy reach of the inmates for suggestions and grievances to the superintendent. Such complaint box shall also be installed in an easily accessible place in the female ward.

(4) The inmates may drop their complaints in the form of written petitions addressed to the Superintendent, or to the higher authorities, into such boxes.

(5) The box shall remain under lock and key and the key shall remain in the custody of the Deputy Superintendent, who shall unlock the complaint box at least twice a week on the days fixed and approved by the Superintendent.

(6) The complaint box shall be opened at appointed time before the evening locking up of the prison.

(7) The Superintendent shall form a permanent committee of grievance redressal system, comprising himself, the Deputy Superintendent (the senior most Deputy Superintendent in the event of more than one Deputy Superintendent being posted there), the Medical Officer, and the Welfare Officer. If the prison happens to have a female enclosure then a senior lady officer of appropriate rank shall be included in the committee.

(8) The committee shall meet as and when necessary, but at least twice a week to look into all the complaints of the inmates.

(9) The Superintendent shall preside over the committee which shall enquire into all the complaints at the earliest.

(10) The decision of the committee shall be

executed forthwith.

(11) If a prisoner is not satisfied by the action taken by the Superintendent on his complaint, he should be allowed to approach higher authorities for redressal of his grievances.

(12) Complaints addressed to the higher authorities shall be for warded to the addressee with comments of the Superintendent without delay.

(13) There shall be separate complaint boxes in centrally located and convenient places, within easy reach of the inmates to address their grievances and suggestions to the visiting District & Session Judge and Inspector General of Prisons.

(14) Letters addressed by prisoners to the Government, Judiciary, Inspector General of Prisons or other high functionaries should be forwarded to them by the Superintendent immediately without being censored and a dated receipt of it should be given to the prisoner. The receiving authority should acknowledge letters immediately and look promptly into them.

(15) The District Judge should visit each prison in his jurisdiction once a month and give an opportunity to all the prisoners to present their grievances or requests, if they so desire,822 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 in the absence of prison officers. This should be a statutory function of the District Judge.

(16) The system of taking weekly rounds of inspection of prisons by the Superintendent should be made statutory by including it in the Prisons Act, 1894. If a prisoner is not satisfied by the action taken by the Superintendent on his complaint, he should be allowed to approach higher authorities for redressal of his grievances.

(17) The Board of Visitors should be activated. The visitors should receive and enquire into prisoners' complaints and grievances and send their suggestions to appropriate authorities.

General complaint by prisoners

1278. Ever y prisoner shall be afforded opportunity to make any representation or complaint to the prison authorities for redressal of grievances. The prison officer shall ensure that,— (1) prisoner may, at any time, bring to the notice of the Head Warder/Warder/ Assistant Superintendent his personal grievances (complaint, assault, ill-treatment etc.) or any general matter (unhygienic condition, sanitation etc.). The Head Warder/ Warder/Assistant Superintendent shall take immediate remedial action. In case redressal of the complaint is beyond their competence, it should be brought to the notice of Deputy Superintendent or Additional Superintendent or Superintendent as soon as possible.

(2) prisoners will be afforded opportunity to bring to the notice of the Deputy Superintendent or Additional Superintendent or Superintendent, any complaint or representation at the time of their inspection/ /visit.

Mobile petition box of Inspector General of

Prisons

1279. There shall be a mobile petition box in which complaints or suggestions etc., addressed to the Inspector General of Prisons, can be put by the prisoners.

1280. The Inspector General of Prisons shall ensure that mobile petition box is circulated amongst all the prisons every day so that the prisoners, if they so desire, can make their complaints etc.

1281. The mobile petition box shall always remain locked and its key shall be with the Inspector General of Prisons.

1282. The Inspector General of Prisons shall cause the mobile petition box to be opened in his presence, every day.

CHAPTER XXII

Compensation to the Victim (Or his Family) of

Prisoner's Offence

1283. Common Victims Compensation Fund.— A fund known, as "Common Victims Compensation Fund" shall be created for a jail from the part of wages earned by prisoners for the purpose of giving compensation to the deserving victim or his/her family of the prisoner's offence.

1284. Constitution of Committee and its meeting.— (1) There shall be a committee constituted under the provision of section 36A of the Prisons Act, 1894 for fixing amount of the compensation to the deserving victims from the Common Victims Compensation Fund created for jails.

(2) The Committee for Central Jail, District Jail, Sub Jail, Special Prison, Civil prison shall consist of —

(a) District Magistrate of the District –

Chairperson.

(b) Superintendent of Police of the District

– Member.

(c) Superintendent of the concerned jail

– Member Secretary:

Provided that the District Magistrate and Superintendent of Police may nominate their representative for the committee. Nominee of the District Magistrate shall be the Chairperson.

(3) The meeting of the committee shall be held once in a quarter or at such intervals as decided by the Chairperson of the committee for identification and entitlement of payment of compensation to the deserving victim or in823 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 case of death of the victim, to his family members as decided by the committee.

(4) The amount of the compensation shall be fixed by the committee at its meetings as per instructions issued by the Government in this behalf, from time to time and reasons shall be recorded in writing by the committee for fixing such compensation and arrange payment of compensation amount to the victim or to his family member, as the case may be. If there are more than one victim or his legal heirs, the Committee shall also determine distribution of compensation amount proportionately amongst the victims or their legal heirs, as the case may be.

(5) For determination of deserving victims as provided in section 36 A of the Prisons Act, 1894, the Government shall issue instructions from time to time.

1285. Management of wages and common victims compensation fund.— (1) Fifty percent of the wages earned by a prisoner in a month, under the provisions of Rule 1055, shall be deposited in the Common Victims Compensation Fund and the remaining fifty per cent amount may be payable to the prisoner subject to deduction, if any.

(2) The amount received by the prisoners, as wages under these rules, shall be distributed in the following manner,-

(a) Fifty percent of wages earned by the prisoners in a month shall be deposited in the Common Victims Compensation Fund. Any interest credited against the Common Victim Compensation Fund shall be added to the fund.

(b) The fund shall be controlled and operated jointly by the Inspector General and the Superintendent of Prison.

(c) The amount of Common Victims Compensation Fund shall be deposited in a personal joint deposit account opened in any Nationalized bank in the name of Inspector General of Prisons and the Superintendent of the Jail concerned.

(d) Such amount of compensation from the Common Victims Compensation Fund shall be paid to a deserving victim of the offence, and in case of the death of the deserving victim to the family member of the victim, once or more than once, on case to case basis, as decided by the Committee.

1286. Account.— (1) The account of Common Victim Compensation Fund of a labouring prisoner shall be maintained as specified in Appendix-32.

(2) Record of the account of Common Victims Compensation Fund shall be maintained in General Ledger and Abstract Register as specified in Appendix-33 and Appendix-34 respectively under the different minor detailed Heads. This Ledger shall be maintained in two volumes, one for receipts and other for expenditure and one page allotted to each minor detailed Head.

(3) The amount of remaining fifty percent wages of labouring prisoner shall be maintained month-wise/yearly after deducting the amount as specified under Rule 1076.

(4) The account of common fund of each labouring prisoner shall be maintained separately month-wise for each financial year. All the account records shall be preserved for such time as may be prescribed by the Director of Accounts from time to time and no account records shall be destroyed without the written permission from the Director of Accounts.

1287. Payment to victim.— (1) Ever y payment charged to the Common Victims Compensation Fund shall bear on the bill or voucher, an order to pay the amount which shall be expressed both in figures and words and every such order to pay such bills shall be signed by the Inspector General and Superintendent of the said jail after it's approval.

(2) Subject to the provisions of Rule 1285, compensation shall be paid from the Common Victims Compensation Fund by way of a cheque signed by the Inspector General and the Superintendent jointly or in the case of payment made by remittances through Post Office, the postal money order receipt shall be kept with the voucher.

1288. Cash Book.— All transactions of one day shall be entered in a Cash Book as maintained by the jail on that day and each entry in the Cash Book shall be attested in the appropriate place by the concerned officer of the Jail as required under the relevant Rules as in force for the time being.

CHAPTER XXIII

After-care and Rehabilitation

Objectives

1289. The objectives of the after-care services are,-— (1) Extending help, guidance, counselling, support and protection to all released prisoners, whenever necessary.

(2) Helping a released person to overcome his/her mental, social and economic difficulties.

(3) Helping in the removal of any social stigma that may have been attached to the inmate or his/her family because of his incarceration.

(4) Impressing upon the individual the need to adjust his/her habits, attitudes, approaches and values to a rational appreciation of social responsibilities and obligations and the requirements of community living.

(5) Helping the individual in making satisfactory readjustment with his/her family, neighbourhood, work group, and the community.

(6) Assisting in the process of the individual's physical, mental, vocational, economic, social and attitudinal post-release readjustment and ultimate rehabilitation.

Process

1290. Af ter-care ser vices should be extended to all needy persons released from prisons, conditionally or unconditionally or on license. While after-care services should be provided to all needy prisoners, at the very least, prisoners having served a minimum of five years of imprisonment shall necessarily be entitled to after-care services.

1291. After-care problems of an individual should be treated in their totality and not in isolation. Not only the individual but his/her whole social situation must be tackled at the same time.

1292. After-care work should broadly be phased as follows,— (1) while the individual is under institutional care and treatment,

(2) immediately af ter release from the

institution, and

(3) post-release period.

1293. There should be full coordination between the Correctional Services and the after-care services.

1294. It is the responsibility of the States to devise and develop mechanisms for rehabilitation of released convicts. For this purpose, Discharged Prisoners' After Care and Rehabilitation Committees should be set up at the District or State level. Such committees will inter alia devise the mechanism for rehabilitation and after-care assistance for released prisoners. While devising the mechanism and extending help, special attention should be paid to the protection and post-release care and help of children, adolescents, women, sick, old, infirm and handicapped persons. Special emphasis should be laid on the after-care of habitual offenders, if they so request.

Planning

1295. Planning for after-care should be initiated immediately after an inmate's admission in the institution.

1296. After-care should be in the interest of the individual, and based on his needs. While planning post-release assistance, factors like the inmate's personality, his weaknesses and strengths, limitations and capabilities, and his rehabilitation needs should be taken into consideration. The inmate's desires for post- release help should be considered on a practical and realistic basis.

1297. The inmate should be told what type of assistance would best suit his needs. He should be encouraged to plan his post-release825 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 life, as this would be helpful in his willing acceptance of the after-care plan. He should be prepared for his post-release life.

1298. From the time of a prisoner's admission into prison, consideration should be given to his post-release needs and he should be encouraged and assisted to maintain or establish such relations (with persons or agencies outside the institution) as may promote the best interests of his family and his/ /her own social rehabilitation. Special attention should be paid to the maintenance and improvement of such relations between a prisoner and his family, as are desirable in the best interest of both.

Functioning of a Probation/Welfare/

/Rehabilitation Officer

1299. An officer of appropriate rank is to be appointed as Probation/Welfare/ /Rehabilitation Officer in each prison. The Probation/Welfare/Rehabilitation officer should contact the inmate during his/her admission-quarantine period. The Probation/ Welfare/ Rehabilitation Officer should meet the inmate at least once a month throughout his stay in the institution.

1300. The Probation/ Welfare/ Rehabilitation Officer should extend all possible assistance in maintaining the inmate's continued relationship with his family, employer and community. The welfare of the family members and dependants of offenders, as well as of their victims, should be looked after.

1301. The Probation/ Welfare/Rehabilitation Officer should be associated with the prisoner's welfare services at the headquarter level.

The Role of N.G.Os/Industry Associations

1302. The participation of approved N.G.Os. in the rehabilitation programmes should be extensively encouraged. Voluntar y organisations, which wish to help the government in rehabilitation projects, should be given necessary financial and other help. Their ser vices should be given due appreciation by the Inspector General of Prisons.

1303. The public should be educated about the need for rehabilitation of ex-prisoners through print and audio-visual media.

1304. Continuous liaison should be maintained with the agencies/individuals which are willing to give employment to the released prisoners.

1305. Companies that are required to spend 2% of their net profit on CSR activities under the Companies Act, 2013 should be encouraged to contribute funds towards rehabilitation of prisoners. Appropriate steps may also be taken by the State Government to facilitate tax- deductibility of donations made for this purpose in terms of Section 80G of the Income Tax Act, 1961.

Scope of after-care assistance

1306. The scope of after-care assistance shall be kept ready for the prisoner well before his release to avoid inconvenience to the prisoner after his release, which should be determined by the District Committee and may include the following matters,—

(1) Subsistence money to cover initial expenditure after release, till such time as the released person reaches his/her family or obtains employment.

(2) Provision of food.

(3) Temporary accommodations till housing

arrangements are made.

(4) Stay in a District Shelter/After-care

Hostel/State Home, wherever available.

(5) Assistance in securing housing in urban

areas.

(6) Assistance in securing apprenticeship in a workshop/technical institute/industr y/ /trade.

(7) Supply of artisan's tools or trade

equipment.

(8) Assistance in starting a cottage industry,

any small business trade or a stall.

(9) Assistance in getting employment.

(10) Assistance in getting land, agricultural equipment, draught or milk cattle, and seeds for those opting to take up agriculture.

(11) Assistance in starting a small dairy, poultr y, duck, or sheep farm/piggery/ vegetable gardening/seri-culture/bee- keeping.

(12) Liaison with and assistance to prisoner's family during the period he/she is serving a prison sentence.

(13) Help in maintaining continuity in relationship with family, neighbours, employers and community.

(14) Preparing the family, employer and neighbours for receiving the individual after release.

(15) Guidance in getting married and setting

up a home and resettling in life.

(16) Liaison with local police so that he/she

is not harassed unnecessarily.

Family or marital adjustments

1307. The following adjustments would be required.— (1) Explaining to the police the background and problems of the individual and getting help and co-operation from the police in the process of resettlement.

(2) Communicating to the Panchayat/ /Community Development authorities about the background, problems and needs of the released person. Getting the co-operation and help of the Panchayat, Community Development Officer, National Extension Ser vice Worker, and Gram Sevak, in the resettlement of a prisoner.

(3) Reference to a Social Service Organisation in the neighbouring area where the prisoner is likely to settle after release.

(4) Assistance in continuation of education

and vocational training.

(5) Creating interest in education and study. Motivating them to acquisition and improvement of skills, healthy recreation, and constructive use of leisure.

(6) Encouragement in building good habits.

(7) Help in planning and balancing his

budget.

(8) Encouraging thrift and savings. Making

them leave costly habits.

(9) Medical treatment on long-term basis for tuberculosis, venereal diseases, leprosy and cancer, in an outside hospital.

(10) Posting the released person under the care of a person or family interested in his welfare and resettlement.

(11) Protection from getting associated with anti-social groups, agencies of moral hazards (like gambling dens, drinking places and brothels) and with demoralised and deprived persons. Help in establishing contacts, acquaintance and friendship with reliable neighbours, co-residents or co-workers.

Legal aid and protection

1308. The following aid and protection may be required.— (1) Help in all matters relating to the resettlement and rehabilitation of the released person.

(2) The After-care agency should be closely associated with the planning of the after-care programme for the inmate.

1309. The plan of after-care of a prisoner should be subject to such changes as would be found necessary by the after-care service.

1310. The Probation/Welfare/Rehabilitation Officer should intensify his work during the pre-release period. He should maintain all the prescribed records under the direction of the Superintendent.

1311. After release from the institution, the case of a released person should be followed up for a period ranging from one to five years according to the requirements of each case.

1312. The Probation/Welfare/Rehabilitation Officer shall establish follow-up study through interviews or correspondence. A six monthly repor t evaluating the released person's adjustments and resettlement should be prepared by him and copies of it should be sent to the correctional institution where the individual had undergone treatment and to the record branch in the headquarters organisation.

1313. The record branch in the headquarters should maintain all the case files and follow- up reports according to the central indexing system.

Eligibility

1314. Only a convict who is sentenced to five or more years of imprisonment should be brought under the ambit of after-care and rehabilitation programmes.

Formulation of schemes

1315. The Industries Department of the government should formulate schemes for the employment of released convicts in small scale industrial units.

1316. Big industrial houses should be motivated at the level of the Prisons Headquarters to give preference in jobs to released prisoners in the interest of their rehabilitation and social adjustment.

CHAPTER XXIV

Semi-open & open Prisons

1317. "Selection Committee" means the Committee constituted by the Inspector General of Prisons under the chairmanship of Additional Inspector General of Prisons for selecting the prisoners for their lodgment at Semi-open or Open prisons.

Periodicity of the Selection committee's

meetings

1318. Selection Committee shall meet at least once in four months at the Prison Headquarter on a date to be noticed to its members at least 10 days in advance by the Member Secretary. The notice of such a meeting shall be accompanied by complete agenda papers. However, the Chairman of the Selection Committee can convene a meeting of the Committee more frequently, even at short notice, if necessary.

Semi-open prison

Selection Committee for the semi-open

prison

1319. For the purpose of selecting prisoners for confinement in any semi-open prison, there shall be a Selection Committee consisting of,— (1) The Additional Inspector General of Prisons, Chairman

(2) The Superintendent of the concerned

prison, Member

(3) Chief Medical Officer, Goa, Member

(4) The Welfare Officer (HQ), Member

(5) The Law Officer (HQ), Member

(6) In-charge, Semi-Open prison, Member

Secretary.

The Selection Committee shall, subject to the provisions of these rules, prepare a list of all prisoners with recommendations whether they are selected or rejected and shall submit the same to the Inspector General of Prisons for his approval.

1320. Criteria for selection.— (1) The following convicted prisoners may be selected for confinement in semi open prison who—

(a) are sentenced for 3 years and have served minimum 1 year of actual sentence as convict from the date of his conviction excluding remission in closed prison or

(b) are sentenced to term exceeding three years up to five years and have undergone minimum two years of actual sentence as convict from the date of his conviction excluding remission in closed prison or

(c) are sentenced for exceeding five years and up to ten years and have undergone three years of actual sentence from the date of his conviction excluding remission in closed prison or

(d) are sentenced for exceeding ten years and up to fourteen years or life sentence, where as per the chapter of premature release or Sentence Review Board the case is referred after fourteen years of actual imprisonment and the convict have undergone five years of actual sentence as convict from the date of his conviction, excluding remission in closed prison or

(e) are sentenced for a term more than fourteen years or life sentence, where as per the chapter of premature release the case828 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 is referred after twenty years including remission, and the convict have undergone seven years of the actual sentence as convict from the date of his conviction excluding remission in closed prison;

Provided that all the above categories of convict must have served, including undertrial period, at least two third of his total punishment awarded including remission.

(2) Have maintained excellent conduct inside the prison during the period of his sentence and has performed labour if allotted to him with due devotion and diligence. There should not be any punishment for any offence against such convict at least for last three years from the date of eligibility.

(3) Nothing adverse should have been noticed during his temporary release from the prison on parole/furlough, if eligible/availed and

(4) Have no appeal/other pending cases against him in any court either in Goa or in India.

1321. The following prisoners shall not be sent in a semi-open prison who.— (1) Are considered dangerous by the selection committee or are involved in serious prison violence like assault, outbreak, riot, mutiny or escape or who have been found instigating serious violation of prison discipline.

(2) Have been convicted for offences such as dacoity, terrorist crimes, kidnapping covered under Section 363A to 373 of IPC, Smuggling, NDPS Act, foreigners or members of organized criminal gangs.

(3) Habitual offender.

(4) Who is suffering from serious physical or mental disease or any infectious disease or any life threatening disease or is having a previous history of serious mental illness.

(5) Those prisoners who have been transferred from semi-open prison or open prison on account of violation of any Prison Act, rules or guidelines issued from time to time.

(6) Any other prisoner or categor y of prisoners whom the Inspector General of Prisons considers unfit for being sent to semi- open prison.

Note: In case, the prisoner is otherwise eligible as

per the selection criteria and other cases are pending

against him in which he has been granted bail by

the competent Court then he may still be considered

for transferring to semi-open prison. Mere fact that

he has filed an appeal against his conviction or

sentence shall not work to his prejudice.

1322. Procedure for selection.— (1) Superintendents of prisons shall prepare a list of prisoners eligible as per selection criteria and who are willing to be confined in semi open prison.

(2) The Superintendent shall prepare case histories of such prisoners in the Form provided in Appendix-35 and then forward such lists together with case histories to the selection committee.

(3) The selection committee shall examine the said lists along with the case histories and files of the prisoners at the Prison Headquarters.

(4) The case of each prisoner shall be screened, keeping in view of the following factors, namely:

(a) Health, physical and mental, to withstand confinement in semi-open prison and certificate in this regard that he is fit to work.

(b) Behavior and conduct in prison and

sense of responsibility displayed.

(c) Progress in work, vocational training,

education and in other like matters.

(d) Group adjustability.

(e) Character and self discipline.

(f) Extent of institutional impacts (whether has reached peak point of training and treatment).

(g) Whether he is fit for being trusted for

confinement in semi-open prison.

(5) The selection committee shall select prisoners as are eligible for being confined in829 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 semi-open prison as per selection criteria and submit a list of selected prisoners for the approval of the Inspector General of Prisons. On the list being approved, the selected prisoners shall as soon as possible be transferred for confinement in the semi-open prison.

(6) The complete record/files shall be kept by the in-charge, Semi-Open Jail for record/ /reference.

(7) The prisoner whose name was included in the list and the prisoners satisfying the selection criteria who are not shifted to semi- open prison shall be communicated the reasons for rejection of their case for being shifted to semi-open or open prison. Further, before rejecting the case, the prisoner should be given an opportunity to be heard/to make a representation provided that his case was not covered in Rule 1321.

Open prisons

1323. Selection Committee.— For the purpose of selecting prisoners for confinement in any open prison, there shall be a selection committee consisting of,—

(1) The Additional Inspector General of

Prisons, Chairman

(2) In-charge, Semi- Open prison,

Member

(3) Chief Medical Officer, Goa, Member

(4) The Welfare Officer(HQ), Member

(5) The Law Officer (HQ), Member

(6) In-charge, Open Jail, Member

Secretary

1324. Criteria for selection.— (1) The following convicted prisoners may be selected for confinement in open prison who—

(a) are found to be of good behavior and

are physically and mentally fit.

(b) have maintained excellent conduct inside the semi-open prison and have performed labour allotted to them with due devotion and diligence and

(2) the convict who have been sentenced for more than three years and up-to five years and have completed six months in semi-open Jail.

(3) the convict who have been sentenced for more than five years and have completed one year in semi-open jail:

Provided that the convict must have served, including undertrial period, at least three fourth of his total punishment awarded including remission.

(a) having good character and

maintaining self discipline.

(b) have strong group adjustability and

sense of responsibility.

1325. Procedure for selection.— (1) Superintendent of semi-open prison shall prepare a list of prisoners falling under Rule 1324 and who are willing to be confined in open prison.

(2) The Superintendent shall prepare case history of prisoners in the Form provided in Appendix-35 and then forward such lists together with case history to the selection committee.

(3) The Selection committee shall examine the said lists along with the case history and files of the prisoners.

(4) The case of each prisoner shall be screened, keeping in view of the following factors, namely:

(a) Health, physical and mental, to withstand confinement in open prison and certificate in this regard that he is fit to work.

(b) Behavior and conduct in semi-open prison and sense of responsibility displayed.

(c) Progress in work, vocational training,

education and in other like matters.

(d) Group adjustability.

(e) Character and self discipline.

(f) Whether he is fit for being trusted for

confinement in open prison.

(g) Any other factor which may be

considered just and proper.

(5) The Selection Committee shall prepare a list of all prisoners with recommendations whether they are selected or rejected and830 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 shall submit the same to the Inspector General of Prisons for his approval. On the list being approved, the selected prisoners shall as soon as possible be transferred for confinement in the open prison on the terms and conditions stipulated from time to time by the Inspector General of Prisons.

General provisions for semi-open and open

prison

Transfer of prisoners in semi open and open

prisons to closed prisons.

1326. The prisoner in semi-open and open prisons if commits any offence whether it is prison offence or offence under Indian Penal Code or any other Act then the prisoner should be transferred to the closed prison, apart from any other punishment awarded to him, by the orders of the Inspector General of Prisons.

Review of work and suitability of prisoners

transferred to Semi-open & open prison

1327. The case of each prisoner transferred to semi-open and open prison shall be put up before the selection committee on biannual basis, which shall analyze conduct and performance of the prisoner in detail. If it finds that a particular prisoner is found unfit for being kept in the semi-open and open prison on the ground of indiscipline or unsatisfactory work or any other good and sufficient cause, he shall be transferred, af ter obtaining approval of the Inspector General of Prisons to closed prison and could be punished as per the rules contained in chapter of prison discipline or the code of conduct prescribed by the Inspector General of Prisons from time to time.

Work allocation

1328. The prisoners lodged in semi-open prisons could be allotted work on the PWD projects inside the prison complexes, horticulture work or any other contractual work for which they shall be eligible for wages as prescribed from time to time.

1329. The convicts in open prisons may be allocated work within the territorial limits of Goa. However, prison authority or Government will not be in any way bound to find employment for any prisoner lodged in open prison.

Furnishing of surety bond

1330. The selected convicted prisoner shall be directed to furnish a surety and personal bond for their maintaining good conduct while on work, observance of discipline, work code, timings for returning etc. The release of a prisoner is subject to the following condition,—

(1) That the prisoner shall furnish cash security for the amount fixed by the competent authority and execute a personal bond, or execute a bond with one or more sureties according to the direction of the competent authority.

(2) That the prisoner shall reside at the place designated by the competent authority and shall not go beyond the specified limits,

(3) That the prisoner shall keep good behavior and will not commit any offence during the period,

(4) That the prisoner shall neither associate

with bad characters nor lead a dissolute life,

(5) That the prisoner shall be liable to be recalled immediately to prison in case he violates any of the conditions,

(6) Any other conditions as deemed fit.

Area of work

1331. The Inspector General of Prisons shall demarcate the area beyond which inmates in semi open prison shall not be allowed to go within the prison complex and shall also demarcate the area beyond which inmates in open prison shall not be allowed to go within the territorial limits of Goa while they are assigned work. Standards of behavior and discipline in the semi-open and open prison shall be maintained and should be exemplary. Emphasis should be laid on the development of sense of responsibility and self-discipline.

Assessment of employment avenues

1332. The Inspector General of Prisons shall from time to time prescribe the nature and avenues of employment where prisoners831 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 lodged in semi-open and open prison could be employed. The job opportunity available with different agencies should be assessed and earmarked to the prisoners kept in semi-open and open prison. All prisoners' assigned work shall be paid wages. If any agency recognized by prison department engages the prisoners than the wages should be paid by the agency which should not be less than the minimum wages decided from time to time by the Government.

Prohibition against private employment

1333. No prisoner shall be employed by any jail officer for any private work or shall be assigned any menial duties. Under no circumstances, they shall be asked to work as domestic help.

Security parameters and other facilities

1334. The Inspector General of Prisons shall issue the detailed standing order in respect of security parameters and timings of ingress and egress. However, the other facilities viz. food, lodging, etc., to be provided to the prisoners in the semi-open and open prisons should be the same as being provided to other convicted prisoners in the closed prisons.

Personnel

1335. Only personnel who have the capacity for handling inmates under semi-open or open conditions and have the requisite calibre and leadership for impar ting training and treatment in these conditions should be posted at these institutions.

1336. Unless they volunteer to do so, personnel should not be required to remain at these institutions for more than two years at a time. The staff posted at these institutions may be given an additional allowance of upto 25% of the basic salar y to be fixed by the government.

Open work camps/open training institutions

1337. Open work camps should be started in places where nation building activities, like digging canals, water channels, construction of dams, roads, government buildings and prison buildings, projects of land reclamation, land development and bringing uncultivated land under cultivation, soil conservation and forestation, can be organised. Open training institutions should be situated in place where land and vocational training facilities are available for inmates' training and after that for work either in collaboration of some Industry/Organisation/Department or by Prison Department.

1338. Prisoners who do not respond properly to the standard of discipline in these camps should be transferred back to closed institutions.

Semi-open training institutions

1339. Prisoners should mainly be employed in suitable industries, agriculture and allied work. Emphasis shall be laid on programmes like literacy project, social education, cultural and recreational activities;

1340. Inmates should be gradually relaxed from the condition of closed prison in the beginning to that of an open institution in the final stage.

CHAPTER XXV

Undertrial Prisoners

Classification of undertrial prisoners

1341. The classification of under trial prisoners should be done only on the basis of security, discipline and institutional program. No classification on the basis of social status should be attempted. The entitlement of diet, clothing, bedding and interview should be the same as applicable to other categories of prisoners. The first timer casual offenders shall be kept separately from repeaters or habitual offenders.

Note: The Government may setup a separate

prison for the first-time offenders.

The Superintendent of Jail shall ensure that the prisoners shall be segregated in categories as follows,—

(1) Prisoners suffering from contagious and infectious disease such as leprosy, tuberculosis etc.

(2) Prisoners suspected to be suffering

from mental disorder and832 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (3) Inmates having suicidal tendencies.

1342. The Superintendent may, in addition to above provisions, order further segregation in the interest of prison security, safety and discipline about whom information was received from the police or any other investigating agency in writing and falls in the category as provided under.— (1) Category-1 (S1-Red): fundamentalists, naxalites, extremists and terrorists or any other individual characteristics warranting confinement.

(2) Category-2 (S2- Blue); gangsters, hired assassins, dacoits, serial killers/rapists/violent robbers, drug offenders, habitual grave offenders/communal fanatics and those highly prone to escapes/ previous escapees/attack on police and other dangerous offenders/ including those prone to self-harm/posing threat to public order warranting confinement.

(3) Category-3 (S3- Yellow): Those who do not pose any threat to the society, upon release, like those involved in murders on personal motives, other bodily offences, theft/property offences, prohibition offences, other special and local laws, railway offences and other minor offences.

Note:

(i) If the Superintendent has sufficient reasons to

believe that a person is of a category mentioned

above and it has also not been so reported by the

police, the Superintendent shall take action as

contained in rule above.

(ii) The prisoners posing security risk or indulging

in violence or disorderly behaviour or likely to create

unrest in the jail or threat to public order or

aggressive tendencies or other hardened prisoners

may be considered as high risk prisoners and may be

lodged separately, in cells, at the discretion of the

Superintendent after prior approval of Inspector

General of Prisons.

(iii) Persons suffering from mental ailments and

young offenders shall be lodged separately.

(iv) Courts should send intimation to prison

authorities about undertrial prisoners who have turned approvers or have made confessions and they

shall be lodged separately.

(v) An accused person detained under Section 122

(2) of the Code of Criminal Procedure, 1973, must be

treated as an undertrial prisoner until his case has

been decided by the Sessions Court or High Court.

Admission

1343. A Deputy Superintendent should be in charge of all work pertaining to undertrial prisoners.-— (1) Discrepancies in remand warrant.— The officer on duty is authorized to refuse admission of an undertrial prisoner in whose case the remand warrant is not sent in the appropriate form or the warrant is found to contain:

(a) discrepancies in name or identification,

(b) omissions of the signature of the competent authority. In such a case, a report should be sent in the prescribed form to the authorities concerned;

(2) The property of an undertrial prisoner

shall remain in the Court.

1344. Children.— Children, up to the age of six years, of women undertrial prisoners may be admitted if suitable arrangements for their care cannot be easily made outside.

1345. Food.—- If an undertrial prisoner has not been in the prison previously, it is the duty of the police, or the military escort officer, to see that the undertrial prisoner is given food before he is taken to the prison, if he is likely to arrive there too late for the prison meal. If the police or military escort reports that the undertrial prisoner has not been supplied with food, prison authorities should make necessary arrangements for serving the food to him. In case the undertrial prisoner is admitted after the prison meals have been served, or af ter lock-up, available food stuff should be given to him as per prescribed scale.

1346. Admission hours.— (1) Undertrial prisoners should be admitted during usual working hours of the prison. Prisoners received833 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 after the lock-up hour should be confined in a separate place specially earmarked for such purpose.

(2) While undertrial prisoners are being escorted, care should be taken to see that they reach the destination before the lock-up hour. If undertrial prisoners are likely to reach the destination after lock-up hour, the transferring prison or sub-prison or the police or military officials should send sufficient advance intimation to the prison where the undertrial prisoners are being escorted.

1347. It is the duty of every prison officer to endeavour to ascertain whether an undertrial prisoner has been previously convicted. Such information, as and when it is available, should be immediately for warded to the Superintendent of Police for necessary action.

Approvers

1348. When an undertrial prisoner has been admitted by the court as an approver or a confessing accused he should be kept separate from others concerned in the same case. Where there are separate cells or compartment in the undertrial ward, these should be utilized for the purpose. If there is no separate compartment, such prisoners may be kept in separate cells by day and in separate wards by night, but care must be taken that they are not kept in solitar y confinement.

1349. Any special direction as to the separation of an undertrial prisoner given by the Judge or Magistrate should be carried out. Such separation should be unaccompanied by any irksome condition beyond those necessary to secure the object in view, namely, to prevent him from communicating directly or indirectly with other prisoners concerned in the same or other case.

Identification for court purposes

1350. Undertrial prisoners shall not be allowed to cut or shave their hair on their heads or faces or in any way to alter their personal appearance, so as to make it difficult to recognize them. They shall not, however, be prevented from changing their clothes, provided that their appearance is not materially altered when they are presented for identification in the prison or sub-prison, or when sent to court for trial.

1351. The police shall give intimation to prison authorities of cases in which identification of undertrial prisoners is to be carried out and shall give full description of growth of hair, moustache, beard, etc., which the undertrial prisoners had at the time of arrest.

1352. Test identification should be held as

per rules framed for this purpose.

Police interrogation

1353. Only such police officers as have been authorized by the Judge or Magistrate, should be allowed to interrogate an under trial prisoner while in prison custody. Such interviews should be held in the presence and within the hearing of a prison officer.

1354. Police officer to be in uniform.— No Police Officer shall be allowed to visit prison unless he is in proper uniform and displaying valid identity card issued by competent authority.

Facilities

1355. The following facilities should be

extended to all undertrial prisoners,—

(1) legal defence,

(2) inter views with lawyers or family

members (for legal purposes)

Note: The Superintendent of Prisons may carefully

select well-behaved prisoners to avail family

interview after giving due consideration to security

and other aspects.

(3) signing vakalatnama,

(4) delegation of power of attorney,

(5) execution of will,

(6) essential religious necessities as per

rules,

(7) applications to courts for legal aid at

government cost as per provisions of law,

(8) other applications to courts,834 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (9) application to legal aid societies for free

legal aid,

(10) such facilities as are sanctioned by the state government should be extended to undertrial prisoners.

Food

1356. Food from outside may be allowed subject to following conditions.— (1) A written undertaking shall be given by the undertrial prisoner and the supplier of food that they are entirely responsible for the wholesomeness of such food and that prison administration will not be responsible for any mishap that may happen. Food for only one day's requirement of the undertrial prisoner shall be allowed at one time. Food articles should be tasted by the person who delivers the food. The food should be delivered at hours prescribed by the prison authorities. Food shall be eaten in the prescribed area and during prescribed hours only. During emergencies or epidemics or for reasons of health of the undertrial prisoner, outside food may be disallowed. The Superintendent has the authority to disallow or discontinue this concession at any time.

(2) Prisoners allowed to receive outside food,

shall not be given prison food.

(3) Undertrial prisoners should not be allowed to cook their food separately in the institution;

Clothing

1357. Usual private clothing to meet reasonable requirements should be allowed to undertrial prisoners. Such articles of clothing as will affect the security requirements of the institution should not be allowed. An undertrial prisoner who has no sufficient clothing of his own may be provided with the same at Government cost at the prescribed scale. Such clothing may be allowed to be retained by the undertrial prisoner even after his release. Private articles bearing marks or symbols of political affiliations, clothing resembling to the uniform of police, prison and defence force shall not be allowed to be kept or used by undertrial and convict prisoners.

Letters

1358. On the initial admission of a prisoner, a printed postcard as specified in Appendix- 36 shall be sent to the relatives of a prisoner admitted to the prison at Government cost.

1359. Four letters per calendar month, two at his cost, and two at Government cost, shall be allowed to be written by an undertrial prisoner,

1360. Additional letters for legal purposes such as arranging defence, bail, and security may be allowed normally at the prisoner's own cost.

1361. Undertrial prisoners may be allowed to purchase from the prison canteen, a reasonable supply of stationery and writing material which should be marked and serially numbered by the prison authorities.

Interviews

1362. When a legal adviser desires an interview with an undertrial prisoner, he shall apply in writing, giving his name, address and profession and satisfy the Superintendent as to his bonafides. Every interview between an undertrial prisoner and his legal adviser shall take place within the sight but out of hearing of a prison official. One interview per calendar week with family members or relatives or close friends may be allowed. In deserving cases additional interviews for legal purposes may be granted in the discretion of the Superintendent. Under trial prisoners should not be granted interviews with convicted prisoners unless they are very close relatives.

Canteen

1363. An under trial prisoner shall be allowed to make purchases from the canteen up to amounts as may be fixed by the State Government.

Production before court

1364. An under trial prisoner shall be produced before the court, on the due date of hearing, in person. However, for extension of detention in custody, the prisoner may be produced before the court either in person or through electronic media like, video-linkage.

For this purpose a cour t diary shall be maintained in which all relevant entries of production before various courts shall be made. These entries should be made daily by the officials concerned and should be daily supervised by the officer in charge of undertrial work.

Requisition of escort

1365. On the basis of the court diar y, requisition for police escort should be sent sufficiently in advance. Information about women, adolescent, juvenile under trial prisoners and as far as possible about violent, dangerous and notorious undertrial prisoners should be sent to the police authorities while requisitioning the escort.

Sick prisoners

1366. If an undertrial prisoner is sick and the Medical Officer certifies the prisoner's inability to attend the court, he should not be produced before the court. In such an event, the medical certificate should be forwarded to the court.

Feeding

1367. Before undertrial prisoners are sent to the court, the usual morning meals should be served.

Articles allowed to be taken while going to

the court

1368. While going to the cour t, the undertrial prisoner should return all prison articles issued to him. Excepting clothes on his person and papers pertaining to his case, the undertrial prisoner shall not be allowed to carry any other articles with him. In case the undertrial prisoner wants to take his cash for legal purposes, the same should be forwarded to the court through the police escort. This amount may be utilized by the undertrial prisoner under orders of the court for purpose like legal defence, cost of copies, etc. The disposal of this amount should be certified by the police and the prisoner in the appropriate column of the register prescribed for such purpose. Under no circumstances, should the undertrial prisoner be allowed to carry cash or valuable, if any, on his person.

Search

1369. Before being sent to the court, and after having been received back from the cour t, all undertrial prisoners shall be thoroughly searched.

Transport

1370. The Conveyance for journey to Court.— (1) On the date fixed on the warrant of a prisoner committed to trial or on the receipt of an order, the prisoner concerned shall be placed in the custody of the Goa Police for conveyance to court.

(2) The handcuffs shall be used only with

the permission of the court.

(3) The women prisoners and young offenders shall be transported separately. If separate conveyance is not available then common conveyance should have separate compartments.

(4) The high risk prisoners shall be transported separately from other prisoners, under adequate escort.

(5) Such prisoners shall be kept in a separate

lock-up in the court premises.

(6) All prisoners shall be thoroughly searched and frisked by police before being transported to the court.

(7) It should be ensured by the escort-in- charge that the prisoners while on the way to the court, do not create lawlessness or use abusive language. Any such act should be reported to the Superintendent for taking action, as per the provisions of these Rules. It may be clarified that any act or omission done by the prisoner, during the transportation or in the lockup, is to be treated as an offence committed in the prison custody.

Handcuffing

1371. Handcuffing should be resorted to when there is no other reasonable way of preventing escape of the prisoner, in the given circumstances.

1372. The following categories of undertrial prisoners may be handcuffed for reasons836 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 recorded in writing and with approval of the court.—

(1) prisoners involved in serious and violent

offences,

(2) prisoners having notorious or dangerous

background,

(3) Violent, aggressive and refractory

prisoners,

(4) prisoners who have previously escaped.

1373. Handcuffing of undertrial prisoners may be done in the court premises with the permission of the court.

Court premises

1374. The police escort shall not allow any eatables or prohibited articles to undertrial prisoners during their journey between the court and the prison or on the court premises.

1375. Undertrial prisoners should be thoroughly searched before being taken into the court-room.

Return to the prison

1376. As soon as the court work is over, such undertrial prisoners as have been remanded to prison custody should be brought back to the prison immediately.

1377. On return of an undertrial prisoner from the court to the prison gate, if any unauthorized article is found or a special circumstance or an irregularity is noted by the prison officer on duty, he shall forthwith report the matter to the senior officer on duty and if necessary, to the District Superintendent of Police for action. Such cash as is brought by the police escort should be recorded in the register and deposited in the prison office under intimation to the undertrial prisoner.

Production of undertrial prisoners in other

States

1378. When an undertrial prisoner is required to be sent to another State for trial, the State from where the undertrial prisoner is sent should arrange for the escort. Travel and other incidental expenses of the escort and of the undertrial prisoner should be borne by the dispatching State.

Production of undertrial prisoners before

court in civil suit proceedings

1379. Unless ordered by the District Judge, no undertrial prisoner shall be produced before Court for civil suit proceedings.

Prevention of undue detention

1380. An undertrial prisoner whose case is being tried by a Magistrate shall be produced before the Magistrate at least once in fifteen days for the purpose of further order upon the expiry of each period of remand, the prisoner shall be placed before the Magistrate.

1381. A statement in the prescribed form showing details of undertrial prisoner whose cases have been pending for more than three months should be sent on the fifth day of each month to the Sessions Judge or District Magistrate with relevant extracts to the court concerned.

Additional cases

1382. When additional case/cases are pending against a prisoner, the following action should be taken.— (1) Entries of additional cases in red ink on the remand warrant in appropriate columns of undertrial register and court diary should be made;

(2) Intimation to the court/courts concerned about pending cases stating whether the prisoner is on bail or not in connection with that case or those cases should be sent;

(3) Intimation to police escor t in the

prescribed form should be sent;

1383. When an undertrial prisoner is wanted for trial in another case/cases for which he is not on bail, the court concerned shall issue separate remand warrants. In the event of grant of bail in the second case or other cases, due intimation shall be sent by the courts to the prison authorities;

1384. When an undertrial prisoner confined in a prison or sub-prison is required for another case/cases for which he is on bail, the court concerned shall duly intimate the prison authorities;

1385. In the case of an undertrial prisoner having two cases pending against him, for which he is not on bail, an endorsement in red ink should be made each time he is sent to the court.

Discipline

1386. No convicted prisoner shall be kept in the same area in which undertrial prisoners are kept, or be allowed to have contact with undertrial prisoners. Except prisoners working in essential prison services like conservancy, etc. no convicted prisoner shall be allowed to enter the undertrial yard or block. As soon as the work is over, these prisoners should be withdrawn from the yard or block. In all matters where undertrial prisoners are concerned, no convicted prisoner shall be used for super vision or similar purpose. All such matters should be handled by staff members.

Work

1387. Undertrial prisoners shall clean the yards, barracks and cells where they are kept. Undertrial prisoners should be detailed for this work. Such work may be allotted on a group basis, so that through the cumulative work of all the under trial prisoners, the yards, barracks, cells will get cleaned up. It shall also be incumbent on all undertrial prisoners to keep their own clothing, bedding and equipment properly washed, cleaned, and disinfected.

1388. If undertrial prisoner volunteer to work, suitable work, if possible, be given to them. Wages may be paid to them according to schedules of standard tasks and wages, as fixed by the State Government. Employment of undertrial prisoners on extramural work is strictly prohibited. In no case, should undertrial prisoners be employed outside their own enclosure or in worksheds and areas where other convicted prisoners are working.

Transfer

1389. During an emergency or on administrative grounds, the Inspector General is authorized to transfer undertrial prisoners from one prison to another within the State; provided that if a prisoner is transferred to a place outside the jurisdiction of the court concerned, prompt intimation should be sent to the court. The prisoner shall be produced before the court on the due date.

Serious illness

1390. When an under trial prisoner is seriously ill, the Superintendent shall send a report, along with a medical report, to the court concerned in order that if the law permits and the cour t thinks fit, the prisoner may be released on bail.

Transfer to an outside hospital

1391. When the Prison Medical Officer recommends that in the interest of the health of the undertrial prisoner, he should be transferred to a hospital outside the prison, immediate action should be taken and the matter repor ted to the cour t concerned.

Death

1392. The death of an undertrial prisoner shall be promptly reported to the court and other concerned agencies as required.

Conviction

1393. When an under trial prisoner is convicted, the officer in charge of undertrial prisoners should handover all connected papers and records together with cash and private property if any to the officer in charge of admission of convicted prisoners who should attend to the usual routine in this respect. On conviction, an undertrial prisoner should be transferred to the yard meant for newly admitted convicts.

Release

Release from the court

1394. When an under trial prisoner is discharged or released from the court, an endorsement to that effect should be made by the court in the prescribed form. On receipt of such intimation, entries in the appropriate columns of the undertrial register should be made.

1395. If the undertrial prisoner is released from the court, he should claim his personal property if any from the prison authorities within three months, failing which the same should be forwarded to the police for disposal.

Release from prison

1396. Release orders and bail bonds should be sent through post or through the peon of the court. If any private person brings such documents, the same should not be accepted at the prison office.

1397. On receipt of a bail bond or release order prompt action should be taken. In a838 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Central or a large district prison, an undertrial prisoner should normally be released within four hours of the receipt of the bail bond or release order.

Release procedure

1398. While releasing an undertrial prisoner the officer in charge should attend to the following points.— (1) scrutiny of the bail bond or release order with relevant original papers and record,

(2) checking whether any other case is

pending against the undertrial prisoner,

(3) checking of the identity of the undertrial

prisoner,

(4) handing over of the cash and property

of the undertrial prisoner;

1399. The undertrial prisoner should be informed of the contents of the bail bond prior to his release.

1400. If the undertrial prisoner has not got sufficient money, he/she may be given travel warrant and if his/her journey home is likely to take more than 12 hours; he/she may be given subsistence money.

1401. After release the bail bond should be duly returned to the court concerned along with a certificate of release.

Women undertrial prisoners

1402. Women undertrial prisoner shall be escor ted by women police. As far as is practicable, separate conveyance should be provided for the transport of women undertrial prisoners.

1403. Women staff members shall be in charge of women undertrial prisoners. The lady Assistant Superintendent or Senior Matron should be present at the time to admission and release of women undertrial prisoner. She should attend to all work pertaining to the women undertrial prisoners.

1404. As far as possible, women undertrial prisoners should be handed over to their relatives after release. If this is not possible, a woman police or woman prison guard should escort the released woman undertrial prisoner to the nearest station or transport bus stand.

Daily routine and programme for undertrial

prisoners

1405. The following daily routine should be adjusted to suit local conditions,— (1) Early Morning

Toilet, Meditation,

Preparation for opening,

Unlocking according to conditions of

visibility

Counting,

Search,

Leaving the barrack or cell.

(2) Morning

Toilet,

Prayers,

P.T.drill, individual and group exercise,

Morning light meal,

Cleaning of barracks cells, yards, open

spaces

Cleaning of equipment,

Work on voluntary basis,

Educational classes,

Washing of clothes and bath,

Meal and rest.

(3) Afternoon

Newspapers, library books,

Educational classes,

Social education,

Toilet,

Games and reaction for one hour according

to institutional facilities.

(4) Early evening

Wash, Evening meal,

Preparation for lock-up

Counting,

Search,

Lock-up at dusk.

(5) Evening

Reading newspapers, library books,

TV/Radio music, Meditation,

To bed.

Programmes on Sundays and Prison

Holidays

1406. On Sundays and prison Holidays the following routine should be followed subject to adjustment to suit local conditions,—

(1) Early morning - as in Rule 1405 (1)

(2) Morning Toilet

Exercise, Light meal,

General cleaning of barracks, cells open spaces,

Cleaning of equipment,

Washing of clothes and bath,

Inspection of equipment,

Meal and rest.

(3) Afternoon

Educational films: As per schedule for each group and in accordance with institutional facilities.

Group music,

Newspapers, Library books, radio/TV

Toilet,

Games (one hour).

(4) Early evening

As in Rule 1405 (4) (5) Evening

CHAPTER XXVI

High-Risk Offenders and Detenues

1407. High risk offenders, including prisoners classified under Categories (1) and (2) indicated under Rule 1408, shall be lodged in separate enclosures demarcated as high security enclosures within the existing prisons. If possible, separate high security prisons may be constructed in every district with the lodging capacity of 50-100 inmates. Under no circumstances should the High risk offenders be kept with other under trial prisoners and convicts.

Classification of high risk offenders

1408. (1) All prisoners, including undertrials and detenues, shall be classified into following categories to determine the level of security for effective surveillance, safe custody and prevention of escapes:

(a) Security Categor y-1 (S1-Red): Fundamentalists, Naxalites, extremists and terrorists or any other individual characteristics warranting confinement in Security Zone-1.

(b) Security Categor y-2 (S2-Blue): Gangsters, hired assassins, dacoits, serial killers/rapists/violent robbers, drug offenders, habitual grave offenders/ communal fanatics and those highly prone to escapes/previous escapees/attack on police and other dangerous offenders/ including those prone to self harm/posing threat to public order, warranting confinement in Security Zone-2.

(c) Security Category–3 (S3-Yellow): Those who do not pose any threat to the society, upon release, like those involved in murders on personal motives, other bodily offences, theft/property offences, prohibition offences, other special and local laws, railway offences and other minor offences.

The above three categorization shall be done on the basis of the inputs provided by the police/intelligence agencies at the time of admission. In that case, the Superintendent shall keep the above mentioned prisoners in a specially secured ward under strict vigilance.

(2) If the Superintendent has sufficient reasons to believe that the person is of a category mentioned above and it has not been so repor ted by the police then the Superintendent of Jail, with the approval of Inspector General of Prisons, shall take action as contained in sub-rule (1) above.

(a) Security Category - 4 (S4-White): prisoners who are eligible for Open prisons.

(b) Security Category - 5 (S5-Green):

elders, sickly, students, etc.

The above two categorization shall be done

by the prison authorities.

Building structure

1409. High security enclosures/prisons should have a thick outer masonry wall at least 20 feet in height, with watch towers at all its corners and one central tower within840 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the enclosure. The enclosures/prisons should be provided with anti-tunnelling slabs and all spaces open to the sky should be covered with iron grill. These enclosures can be divided into Security Zone Grade-I and Security Zone Grade-II.

1410. Security Zone Grade-I should have a cellular type of accommodation with a minimum space of 10' x 9' which should have the facility of an inbuilt WC and bath and a strong dividing wall. Front portion of cells should be of iron grill, the flooring should be of RCC slab, high ventilators should be provided instead of windows. The building should have a separate entry lobby with visitors' room on one side, Medical Inspection (MI) room, and food distribution room. The prisoners of Security Category-I should be lodged in Security Zone Grade-I.

1411. Security Zone Grade-II should have a single room accommodation (cellular and the association barracks). This accommoda- tion can be of 16' x 9' size where two or three prisoners can be lodged at a time. The barracks should have a maximum capacity of lodging 10 to 15 prison inmates. They should also have an inbuilt toilet and bath. The size of one barrack can be 27' x 10'. This security zone can have a common kitchen. Security Zone Grade-II should also have a separate entry lobby; the space open to the sky should be covered with iron grills.

1412. The building pattern should be oval and covered with watch towers on all sides. In this zone, first offender militants and terrorists both convicts and under trial prisoners, who pose lesser threat of escape, can be lodged.

Staff pattern

1413. Well trained staff should be detailed for watch and ward duty of High Security enclosures. An officer not below the rank of Deputy Superintendent should be in charge of these enclosures. Provisions should be made that no staff on duty comes in direct contact with the prisoners except as a requirement of duty.

Facilities (interviews, letters,

communication)

1414. High-risk offenders should be provided with only those facilities as permitted by an administrative order by the Inspector General of Prisons but the interviews will be held in the presence of an officer. It is advisable to fit close circuit televisions with sound recording facilities in the interview room. Moreover the room should be near the entrance lobby and within the high security enclosure. In any case, high risk offenders should not be allowed in the main interview blocks. Interviews should be allowed with only blood relations and authorised lawyers.

1415. All letters should be properly

censored.

Food, toilet, clothing and bedding

1416. No food from outside shall be allowed for high risk offenders. No individual shall be allowed to cook for himself. However, the high risk offenders can have a common kitchen. No undertrial, detenue or convict should be allowed to enter the high security enclosure. Admissibility to toilet articles, clothing and bedding shall be the same as that given to other undertrials and convicts.

Medical Care

1417. Medical care shall be the same as for other inmates but within the enclosures of the inbuilt MI room. In case of an emergency, with the permission of the Inspector General of Prison or the Superintendent of Jail, they can be shifted to the local hospital for treatment but under proper police escort and guard.

Sports, games and recreation

1418. Subject to prison security and discipline, prisoners lodged in Security Zone Grade-I can be provided with books, newspapers and journals. Writing material can also be provided as and when required. If possible, TV/Radio sets can be provided outside the cells with such restrictions as found necessary from the point of view of the security and on the basis of jail conduct.

Regular physical exercise and yoga can be allowed within the cell itself. Prisoners can be allowed to stroll within the space inside the block in the evening before being locked- up. These facilities are privileges and cannot be claimed as matter of right and can be withdrawn at any time by the jail authority in view of safety and security of prisoners.

1419. Similarly, prisoners lodged in Security Zone Grade-II may be provided with radio and television in their barracks, indoor games like carom and chess shall be given to them. Books, newspapers, journals and magazines along with stationary shall be provided to them. At intervals, seeing their behavior, cultural programmes can also be allowed on the basis of jail conduct. These facilities are privileges and cannot be claimed as matter of right and can be withdrawn at any time by the Jail Authority in view of safety and security of prisoners.

Canteen facility

1420. High risk offenders may be allowed to avail of canteen facilities only if adequate security precautions are taken to prevent untoward behaviour.

Reform and treatment programmes

1421. The reform and treatment programmes can be extended to the prisoners lodged in the Security Area Grade-II. Minimum technical education with primary focus on handicraft work should be given. Basic education should form an essential part of the programme. These activities and programmes should be conducted within the enclosure itself. These prisoners shall not be taken out to mix with other inmates.

Security

1422. A double ring of security shall be provided to all security enclosures. Inner security of the enclosures should be manned by highly trained staff of the prison, while the outer security, including the watch towers and security wall, should be the duty of an special armed guard.

1423. The enclosures should be equipped with walkie-talkies, alarms and jammers and state-of-the-art electronic surveillance system of interception and interruption including following fittings, fixtures, etc.,—

(1) ID machines hand-held and doorframe, metal detectors and all other electronic devices should be made available.

(2) The armoury of the prison should be well equipped with all types of sophisticated and automatic weapons.

(3) Every barrack and cell, especially the interview room, should be fitted with closed circuit T.V. cameras.

(4) The sentries guarding the watch tower

should always be alert.

(5) A no man's area should be identified near the high security enclosures which should not be accessed by any prison inmate and the staff, except those who are detailed for duties.

(6) Proper search of barracks, cells and prisoners should be conducted every day. The high security prisoners of security category- 1 and security category-2 should be searched twice a day whereas security category-3 at least once a day.

(7) The locking up and opening should be conducted in the presence of the officer in charge and no barrack cell should be opened during night hours except in the presence of the Superintendent of the prison.

(8) Besides checking the locks, bars, grills, mess, ventilator, floors, walls of barrack/cells, its ceiling should also be checked.

(9) The guards posted in the yards of the enclosure should not hold conversation with each other more than what may be required to perform their duty. The entrance door of the yard should always be kept locked from inside.

(10) The keys of the locks of the cells/ barracks doors shall always be carried by the person entrusted with the duty. They shall under no circumstances be handled by any unauthorised person.

(11) The cells and barracks should be well lighted to avoid dark spots and corners inside.

(12) The guard on duty should be thoroughly searched while going in and coming out. He should be briefed adequately from time to time about non-acceptance of articles like eatables, articles for smoke, even water from these prisoners.

(13) The inmates of high security enclosures should be counted at least twice in a day besides the counting done during locking up and opening.

(14) Necessary gadgets such as breath analyser, canine unit, etc. may also be procured and utilised to check any breach of prison discipline.

any law in addition to being a prison offence, appropriate criminal process may be initiated against him by moving the local police station. In addition to the major and minor punishments provided in Chapter XXI,—

(1) if a high risk offender commits frequent breaches, the superintendent can recommend his shifting to any other prison to the inspector general of prisons.

(2) facilities like interviews/letters/ canteen facilities can be withdrawn for a limited time, or otherwise.

(3) forfeiture of earned remission and any other punishments as laid down by the inspector General may also be imposed.

Detenues

Intimation to detaining authority regarding

detention

Note:- Inspector General of Prisons may issue guidelines/Standard Operating Procedure (SOP) for the purpose of search and other security measures from time to time.

Court hearing

1427. If a detenue is admitted in the prison, the Superintendent shall forthwith intimate the detaining authority by the quickest means of communication, about the detention.

Intimation to the Parliament or Legislative

Assembly

1424. Video linkage should be provided to these high security enclosures. In any case no undertrial, convict or convict officer or detenue should be allowed to enter these enclosures. The regular prison staff or the paramedical staff should not have access to these enclosures unless they are accompanied by the officer in charge of the block.

Convicts for rigorous imprisonment

1425. High risk offenders who are undergoing rigorous imprisonment, will do all sort of work assigned to them inside the security enclosures.

Punishment

1426. All high risk offenders can be punished by the Superintendent in case of breach of discipline and security of prison in the manner set forth in Chapter XXI (Prison Discipline) of these rules. The Superintendent may take appropriate legal action against such prisoners and in case a high risk offender commits an offence which is punishable under 1428. In case, a Member of Parliament or Legislative Assembly or Legislative Council is brought for detention in the prison, the Superintendent shall forthwith inform the Speaker or the Chairperson of these legislative bodies, as the case may be, about the detention of such member in the prison.

Detenue to be kept separately

1429. All detenues shall be segregated from other prisoners and shall be confined in a separate ward or enclosure or compartment, as the case may be.

Diet, bedding, clothing and other necessities

1430. The detenue shall be provided with food, bedding, clothing, and other necessities as are admissible to other under trial prisoners.

Interview and communication

1431. A detenue should be allowed interviews and communication facilities at par with that of other prisoners.

Representation by detenue

1432. The representation of the detenue

shall be dealt as under,—

(1) Any representation made by a detenue shall be transmitted by the Superintendent, by quickest possible means, to the concerned detaining authority and a copy thereof shall be retained by him.

(2) If an official communication is received concerning the detenue, an acknowledgment should be obtained before the communication is delivered to the detenue.

(3) Copies of all official communications concerning the detenue shall be retained by the Superintendent.

(4) The private communications containing material which is prejudicial to the security of State, subversive of the discipline, or having adverse bearing on scenario or the public order shall be retained or deleted or erased from the said communication, as the Superintendent considers appropriate.

(5) All communications or materials, which are of incriminatory nature, shall immediately be conveyed to the Deputy Commissioner of Police (Crime Branch) or the Deputy Commissioner of Police of the District concerned.

1433. The Superintendent may allow any Gazetted Officer of the Government or Central Government to examine any detenue, in connection with the discharge of his official duty or exercise of any power conferred upon him by or under any law for the time being in force, on receipt of a written requisition from the competent authority. The place, time and duration of the examination of the detenue shall be specified by the Inspector General.

General discipline

1434. The detenue shall be subject to the same discipline as applicable to other prisoners

Record and registers

1435. The records of detenue should be maintained in a separate register and it should be ensured that each representation is quickly transmitted to the concerned authority.

CHAPTER XXVII

Women Prisoners

1436. To ensure safety of women prisoners and guard them against any form of exploitation, it is desirable that at least one women's jail be established in the State. While exclusive prisons far from central areas may hinder a woman prisoner's proximity from home, such exclusive prisons may at times be necessary from a safety perspective. In any case, separate enclosures/prisons within district or central prisons are also required to be established for housing female inmates where there are no exclusive jails for women. Till separate prisons for women are established, both male and female inmates can be confined in the same prison on the condition that female offenders are to be kept in a strictly secluded female enclosures within the prison complex. The existing enclosures for women in common prisons may be renovated to ensure that the women inmates do not come in contact with male inmates during their passage to and from these enclosures. Such enclosure should be, to the extent possible, independent in terms of infrastructural set-up. These enclosures should have a double lock system; one lock outside and the other inside. The keys of the inside should always remain in the custody of women guard inside.

1437. The enclosures for women prisoners should have all the requisite facilities with reference to their special needs such as segregation, security, pregnancy, child birth and family care, health care and rehabilitation, etc.

1438. Care should be taken to ensure that women inmates are protected against any form of exploitation. The work and treatment programmes for female inmates should be devised giving due consideration to their special needs. Female prisoners should be granted equal access to work, vocational training and education as male prisoners.

Classification and separation

1439. Women prisoners shall be classified

and kept separately as under,—

(1) Undertrial prisoners shall be kept completely separated from convicted prisoners, even when their number is small.

(2) Habitual offenders shall be separated

from casual prisoners.

(3) Habitual offenders, sex workers and brothel keepers must also be confined separately.

(4) Under no circumstance should female young offenders be confined with adult women prisoners. Given their young and impressionable nature, female young offenders should be kept in separate enclosures and should be given treatment and training suited to their special needs for rehabilitation.

(5) Civil prisoners and detenues, including those under preventive provisions, should be kept separately from convicts and undertrial prisoners, and from other prisoners, as far as possible.

(6) Political prisoners and those courting arrest due to their participation in non- violent socio-political/economic agitations for declared public causes should not be confined in prisons along with other prisoners. Separate prison camps with adequate facilities should be provided for such nonviolent agitators.

Notes: (i) No criminal or non-criminal lunatic should be kept in the prison. Those currently they shall be immediately transferred to appropriate mental health institutions.

(ii) No classification of prisoners shall be allowed on grounds of socioeconomic status, caste or class.

Register

1440. A register (which may be in electronic form) shall be maintained in every place of imprisonment with numbered pages where the following details of women prisoners shall be entered,—

(1) Information concerning their identity.

(2) The reasons for their imprisonment and the authority ordering such imprisonment with full details of such order.

(3) The day and hour of their admission

and release.

(4) Details of children of the prisoner, if any, including names, ages, location and custody status.

1441. Details of the children of women prisoners, including names, ages, location and custody status, shall also be recorded in the register. Such information regarding the identity of the children shall be kept strictly confidential and may be shared only with the mother's express permission.

Note: No person shall be received in an institution

without a valid commitment order.

Restriction on women prisoners

1442. No female prisoner shall, on any pretext, leave or be removed from the female enclosure except for release, transfer, or attendance at court, or under the order of the superintendent for other legitimate purposes.

1443. Every female prisoner authorised to leave her enclosure shall ordinarily be accompanied by female security/guarding personnel from the time she leaves till she returns.

1444. Register of movements/visits to women' Section: There shall be maintained a register at the gate of women's section of a prison as specified in Appendix-37. Whenever any woman prisoner is taken out of the prison or women section of a prison, an entry shall be made in this register giving the name and number of the woman prisoner, purpose for which and the time when she was taken out and when she was brought back to the prison or section.

Exclusion of males

1445. No male shall be permitted to enter the female ward of any prison, at any time, unless he has a legitimate duty to attend therein. No adult male shall enter it at all by845 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 night except in an emergency, and even then only along with the female warder/female officer. He shall thereafter record a clear report of his visit with the reasons for such visit, and the hour thereof, in his report book.

1446. Male warders and other male staff, acting as escort to lady visitors and officials, shall remain outside the enclosure.

1447. If at any time a male prison officer or warder or prisoner enters, or of attempts to enter, any ward or por tion of a prison reserved for female prisoners, without proper authority, it shall be reported to the Deputy Superintendent forthwith. The entry of male visitors to female prison shall be strictly regulated. Whenever any male officer or visitor visits the female prison, an entry, indicating the name of the officer or the visitor and the day and time of such visit, shall also be made in the register specified in Appendix- 37.

Training of staff for gender-sensitivity

1448. All staff assigned to work with women prisoners shall receive training relating to the gender-specific needs and human rights of women including on sexual misconduct and discrimination. Such staff shall also be sensitized regarding situations and instances where a woman inmate may feel particularly distressed, so as to be sensitive to their situation and ensure that the women are provided appropriate support.

1449. Where children are allowed to stay with their mothers in prison, awareness raising on child development and basic training on the health care of children shall also be provided to prison staff, in order for them to respond appropriately in times of need and emergencies.

Locks of female enclosures

1450. The locks of enclosure and barracks, where women are confined shall, be different from those in use in other parts of the prisons, so that there is no possibility of keys for locks of other enclosures being misused for opening enclosures for women prisoners.

1451. Suitable measures may be taken (including the provision of alarm bells) to ensure minimum delay in opening barracks in case of an emergency.

Photography and fingerprints

1452. Photographs, foot-prints, finger-prints and measurements of women prisoners shall be done in the presence, and with the assistance, of women prison officers.

Inspections

1453. Daily visits shall be made by women prison officers and staff in all women barracks and enclosures, and par ticular attention should be paid to health and hygiene-related problems of women prisoners.

1454. Night inspection rounds shall be made by women officers and matrons. Reports of such night inspections shall be recorded in the report book immediately on completion of such inspection.

Prisoners requiring mental health care

1455. Female prisoners needing treatment for mental diseases shall not be admitted in prison. They shall be kept in separate enclosures for female patients at the mental health hospital, or in other mental health facilities, under the supervision of a lady Medical Officer.

Custody of the female enclosure

1456. There shall be round the clock duty of Head Matrons and Matrons in the Female enclosures.

Admission of undertrial prisoners

1457. The admission rules for undertrial and convicted prisoners in the Prison Rules shall be applicable to under trial and convicted women prisoners also.

Search of women prisoners on admission

1458. Women prisoner shall be searched by female security staff and female warders in the presence of other senior women personnel/women officer with due regards to consideration of privacy and decency. Such846 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 search shall not be conducted in the presence of any male.

Quarantine on admission to prison and

medical aid

1459. Women prisoners on admission to prison shall be medically examined and, if the examining lady Medical Officer deems it necessary, kept separately in the female enclosure on medical grounds for the period prescribed by the medical officer.

1460. After admission to prison, all women prisoners shall be required to wash themselves and their clothing thoroughly as soon as possible. Their personal clothing shall be disinfected before being stored.

1461. Lady medical officers of the District Government Hospital shall be engaged for medical examination of female prisoners on admission. Only lady doctors shall look after the medical care of women prisoners during their stay in prison.

1462. Every woman prisoner shall be examined by a lady Medical Officer. Such examinations shall also be conducted on readmission after bail, parole and furlough. In case a woman officer/matron suspects a prisoner to be pregnant, the woman prisoner shall be sent to the District Hospital for detailed examination and report.

Pregnancy

1463. When a woman prisoner is found, or suspected, to be pregnant at the time of admission or later, the lady Medical Officer shall report the fact to the Superintendent. Arrangements shall be made at the earliest to get her medically examined at the female wing of the District Government Hospital for ascertaining the state of her health, pregnancy, duration of pregnancy and the probable date of delivery. After ascertaining all necessary particulars, a detailed report shall be sent to the Inspector General of Prisons.

1464. Gynaecological examination of the female prisoner shall be performed in the District Government Hospital. Proper pre-natal and ante-natal care shall be provided to the prisoner as per the advice of qualified medical officer.

1465. Adequate and timely food including supplemental nutrients, a healthy environment and opportunities for regular exercise shall be provided to pregnant women, babies, children and breast-feeding mothers.

Child birth in prison

1466. As far as possible (provided the prisoner has a suitable option) arrangements for temporary release (or suspension of sentence in the case of a casual offender) should be made to enable a prisoner to deliver child in a hospital outside the prison. Only when there is high security risk in the case of any particular woman prisoner, the facility to deliver child outside the prison shall be denied.

1467. Births in prison shall be registered at the local birth registration office. The fact that the child has been born in prison shall not be recorded as the place of birth. Only the address of the locality shall be mentioned. As far as the circumstances permit, all facilities for performing the naming rites of the child born in a prison shall be extended to the mother.

Property of Women prisoners

1468. All money, jewellery, and articles of clothing, received with or found on the woman prisoner on her admission to the prison, or sent subsequently by the police, or tendered by her relatives or friends on her behalf prior to her release, shall be received and taken over by the Deputy Superintendent or other officer on duty. A list of all such articles shall be entered at appropriate place in the admission register, prisoner property account register and in the convict's warrant and read over to the convict in the presence of the Superintendent who shall countersign the entries in the registers and in the warrant. Method of storing the prisoner's money, etc., shall be according to the general Rules laid847 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 down relating to handling of the prisoner's property.

Certain ornaments to be allowed to women

prisoner

1469. Female prisoners shall be allowed to retain, in moderation, certain ornaments of small value such as mangal sutras (without gold), plastic bangles, nose pin and toe ring. The Superintendent may, however, at his discretion, refuse to allow the retention of these ornaments in any particular case for disciplinary/security reasons.

Children of women prisoners⁹

1470. A child up to six years of age shall be admitted to prison with his/her mother if no other arrangements, for keeping him/her with relatives or otherwise, can be made. Children born in prison may remain with their mothers up to six years of age, if they cannot otherwise be suitably placed. The Medical Officer shall determine the age of children not born in prison for the purpose of this provision.

1471. No child shall be admitted into or retained in prison if he/she has attained the age of six years. The Superintendent shall inform the Directorate of Social Welfare about all children of that age for placing them in a home run by the Social Welfare Department. Such children shall be kept in protective custody until their mother is released or the child attains such an age as to be able to earn his/her own livelihood.

1472. Children kept under protective custody in a home of the Department of Social Welfare shall be allowed to meet their mothers at least twice a week. The Director, Social Welfare Department shall ensure that such children are brought to the prison on the dates fixed for this purpose by the Superintendent of Prison.

Welfare of the children of the women

prisoners

1473. Prison administration should ensure holistic development of children of inmates confined in the prisons. To the extent possible, prison administration shall strive to create a suitable environment, such as, play school/ nurser y/clothing/diet etc. for children's upbringing which is as close as possible to that of a child outside prison. The Board of Visitors shall inspect these facilities at regular intervals.

Education

1474. The children of women prisoners living in the prison shall be given proper education and recreational opportunities. There shall be a well-equipped creche and a nursery school attached to a prison for women where the children of women prisoners shall be looked after while the mothers work in prison. Children below three years of age shall be allowed in the creche and those between three and six years shall be looked after in the nursery school. These facilities may also be extended to the children of warders and other female prison staff.

1475. The creche and nursery school shall be run by the prison administration preferably outside the prison with the assistance of NGOs or state welfare services. In the event the prison administration considers it difficult to run a crèche, arrangements should be made to send the children to a privately run crèche under proper security. The transpor tation charges involved in the process and crèche fee shall be borne by the prison administration.

1476. Children in prison shall be provided with adequate clothing suiting the local climatic requirements. For this the State Government shall lay down appropriate scales. Articles, like diapers and others as required, should be provided to women prisoners who are caring for their infant children.

1477. In addition to regular requirement, two cakes of 150 grams each of soaps/ detergent shall be provided to women prisoners with children.

Diet/Food to children

1478. Scales of diet for children shall be decided keeping in view the calorific848 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 requirements of growing children as per medical norms and climatic conditions. Separate utensils of suitable size and material should also be provided to each mother prisoner for feeding her child.

1479. In the event a woman prisoner with children falls ill, alternative arrangements should be made by the prison staff for looking after any children falling under her care.

Health care

1480. Adequate health facilities shall be provided to children of women prisoners in collaboration with community health services. Children shall be regularly examined by a lady Medical Officer to monitor their physical growth who shall also be vaccinated for various diseases including polio and smallpox at the appropriate time. Extra clothing and diet may also be provided to such children on the written recommendations of the Medical Officer.

Diet and food

1481. Management of kitchens or cooking food on caste or religious basis should be strictly banned in prisons for women.

1482. Adequate and nutritious diet should be given to nursing women and to children accompanying women prisoners.

1483. Food articles should be of a good

quality.

1484. Pregnant and nursing women prisoners should be prescribed a special diet.

1485. Women prisoners should get special diet on festivals and national days, as may be specified in the rules.

1486. Medical Officer should ensure that food is cooked under hygienic conditions and is nutritious.

1487. There should be a separate kitchen

for every 100 prisoners.

1488. Special arrangements for warming food/milk shall be made for women with children.

1489. Some women staff should be given special training in management of diet and kitchens and such trained staff should supervise the kitchens and cooking in prisons for women.

1490. Prison officers, including the Superintendent, must supervise every aspect of the prison diet system, i.e., issue of rations, management of kitchens and distribution of food.

1491. There should be a separate kitchen

for women prisoners.

1492. Women prisoners should not be allowed to have their own mini kitchens inside the prison barracks.

1493. Clean drinking water should be supplied to prisoners and it should be tested periodically.

Scale of diet

1494. The scale of diet shall be in accordance with the prevailing dietary preferences as per the chapter of Maintenance of prisoners.

Prisoner to receive diet according to scale

1495. Every prisoner shall be entitled to receive every day food at prescribed times and according to the scale laid down.

1496. The State Government may, at any time, vary either temporarily or permanently, the scale laid down in these rules, provided reasons for doing that are recorded in writing by the authorities concerned.

Special extra diet on medical grounds

1497. Where the lady Medical Officer, for reasons of health, considers the prescribed diet to be unsuitable or insufficient for a women prisoner, or her child, she may order in writing a special diet or extra diet, for a specific period of time. Special consideration shall be given in this regard to pregnant/ nursing prisoners.

1498. Rules relating to diet of prisoners, those on specific medical advice for expectant849 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 and nursing mothers, and infants and children, shall be scrupulously observed.

Clothing

1499. Women prisoners sentenced to three months imprisonment or below should be issued two sarees, two blouses, two petticoats, a towel and two sets of customary undergarments.

1500. Women prisoners sentenced to more than four months of imprisonment should be issued three sarees, three petticoats, three blouses, two towels and three sets of customary undergarments.

1501. The clothing requirements provided above may be prescribed by the State in accordance with the prevailing climate and cultural norms. Adequate warm clothing, according to local conditions and change of seasons, shall also be provided.

1502. Children allowed to stay with women prisoners should be given suitable clothing similar to what is normally used by children in the local community.

1503. Every women prison should maintain a repair unit where prisoner's clothing can be repaired.

1504. Sterilised sanitary pads should be issued to women prisoners as per their requirements.

1505. Clothing of prisoners should be sterilised at Government cost once in two months. Prisoners should be allowed to get their clothes washed through prison laundries at their own cost.

1506. All clothing shall be cleaned and kept in a proper condition. Underclothing shall be changed and washed as often as necessary for maintenance of hygiene.

Bedding

1507. Ever y woman prisoner shall be provided with a sleeping berth and sufficient bedding in accordance with local standards and climatic conditions. These shall be clean when issued, kept in good order, and changed of ten enough to ensure their cleanliness.

1508. Women prisoners should be given one pillow with pillow cover and woollen blankets according to climatic conditions.

1509. Women prisoners shall be provided

two cotton sheets for every six months.

1510. All articles of prisoner's bedding, clothing and other equipment should be inspected by a women officer at least once a week to ensure that proper standards are maintained.

Accommodation

1511. There should be four types of living

accommodation:

(a) Barracks with accommodation for

twenty women prisoners.

(b) Dormitory accommodation for four to

six women prisoners each.

(c) Single room accommodation for women prisoners needing privacy for pursuing studies.

(d) Cells for segregation of women prisoners for the purpose of security and punishment.

1512. All accommodation provided for women prisoners, and in par ticular all sleeping accommodation, shall meet basic requirements of health. Due regard being paid to climatic conditions, the cubic content of air, minimum floor-space, lighting and ventilation.

1513. Prisoners kept in dormitories shall be carefully selected, so that they are able to adjust with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the institution.

1514. Sleeping berths in the women's barracks shall not be at a height beyond the comfortable reach of women prisoners.

1515. There should be sufficient number of toilets and the same should be maintained in a clean and decent state. Adequate provisions850 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 should be made for the old age and differently abled inmates.

1516. Where women prisoners are required to live or work, the windows shall be large enough to enable the prisoners to read or work by natural light. The place should be sufficiently ventilated to allow the entrance of fresh air.

1517. Sufficient artificial light too shall be

provided for the prisoners to read or work.

1518. Adequate number of baths and showers shall be provided so that every prisoner may have a bath or shower at a temperature suitable for the climate, as frequently as may be necessar y, for maintaining general hygiene according to season and climate.

1519. All parts of the institution, regularly used by prisoners, shall be properly maintained and kept scrupulously clean at all times.

Cleanliness of women enclosure

1520. All parts of the women's enclosure in a prison shall be properly maintained and kept scrupulously clean at all times.

1521. No menial duties, or conservancy work, connected with the women's enclosure shall be carried out by the women prisoners. Specific staff for this purpose shall be employed.

Personal hygiene

1522. Women prisoners shall be required to keep their persons clean, and to this end they shall be provided with toilet articles, including sanitary towels, necessary for maintaining health and cleanliness. Sufficient water shall also be made available for the use of women prisoners and their children, and those prisoners, in particular, who are involved in cooking and those who are pregnant, breastfeeding or menstruating.

1523. A woman prisoner's hair shall not be cut without her consent. However if, on account of vermin or dirt, the lady Medical Officer deems cutting of hair necessary on the ground of health and cleanliness. Even then it shall not be cut any shorter than required.

Amenities

1524. All valuable ornaments should be removed from women in custody and should be safely deposited. They should be permitted to retain their mangal sutra, plastic bangles, toe-rings and nose pin.

1525. Clothing and linen provided to women should include undergarments, upper and other clothes, towels and socks in cold climates. Adequate quantity of toilet and washing soap should be provided to them. A sachet of shampoo may be provided to women prisoners on a weekly basis.

1526. Each adult woman prisoner shall be supplied suitable number of sanitary napkins for use during menstruation.

1527. Women prisoners shall be provided kumkum according to their custom, sufficient quantity of hair oil and a comb.

1528. At least one looking mirror (1.6 feet x 3.0 feet) made up of PVC material should be installed in the barrack.

Interview

1529. The number of interviews for convicts and undertrial prisoners should be liberalized in the case of women. Women prisoners' contact with their families, including their children, their children's guardians and legal representatives shall be encouraged and facilitated by all reasonable means. Where possible, measures shall be taken to counterbalance disadvantages faced by women detained in institutions located far from their homes.

1530. Every women prisoner shall be allowed, assisted and encouraged to write a letter and have interview with her relatives/ neighbours once a week during her term of imprisonment. A senior female officer in charge of interviews should be responsible for grant of interviews as per rules. In view of women prisoners dispropor tionate851 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 experience of domestic violence, they shall be properly consulted as to who, including which family members, is to be allowed to visit them.

1531. Visits involving children should take place in an environment that is conducive to a positive visiting experience for the visiting children, including with regard to staff attitudes, and should allow open contact between mother and child. Where possible, visits involving extended contact with children should be encouraged.

1532. The prison inmates shall be afforded opportunity as prescribed in the Rules, to have reasonable contact including visits, telephone contact, electronic communication contact, inter views through video- conferencing and correspondence with the family inside the prison.

1533. There should be no limit on incoming

letters for women prisoners.

1534. Illiterate or semi-illiterate prisoners

should be provided help in writing letters.

1535. A waiting room for visitors should be

provided at each prison for women.

1536. Every newly admitted prisoner shall be allowed facilities for seeing or communicating with her relatives/friends/ legal advisors, with a view to preparation of an appeal or revision petition or for procuring bail. She shall be allowed to have interviews with, or write letters to, her relatives more often, if the Superintendent considers it necessary, to enable her to arrange for the management of her property and other family affairs.

1537. In case, close relatives of women are detained in the same prison, interview of both shall be facilitated by the Deputy Superintendent between the two gates in presence of Deputy Superintendent/Assist. Superintendent, once a week.

Books

1538. Every women prison shall have a separate library and a reading room for women with both recreational and instructional books. Prisoners shall be encouraged to make full use of these facilities.

Religious books

1539. A woman prisoner shall be allowed to keep, at a time, up to five books with her. The restriction on the number of the books is on account of administrative convenience only i.e. consideration of space per prisoner and not for any other reason. They shall also be allowed to keep religious photos.

Education

1540. Every woman prisoner should be offered a suitable educational programme during her stay in prison to improve her employment prospects. Education shall be a compulsory activity in prisons for at least one hour every day. It shall aim to enhance their functional capability. Every prison should organise adult education, social, moral and health education, family welfare programmes, and training in various skills for making women self-reliant. For interested prisoners, appropriate facilities for formal and advanced education shall also be provided.

Recreational and cultural programmes

1541. Recreational programmes should be organised for women prisoners which may include simple outdoor games, bhajans, music, folk dances, drama, TV, radio and film shows. Women prisoners shall be provided facilities for meditation and yoga for stress management and for improving their mental and physical health.

Vocational training

1542. Vocational training programme should be designed to suit the needs of prisoners sentenced to short, medium and long term imprisonment. As far as possible women prisoners shall be imparted training suited to their aptitude and background, making them economically self-reliant. The selection of vocational programmes shall be made in accordance with the marketability and profitability of the product, enhancing the prisoner's ability to earn their livelihood852 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 after release. The wages earned by the women prisoners should be deposited in the bank account of the women inmates. Sufficient work or vocational trades shall be provided to keep prisoners actively employed for a normal working day. These may include:

(1) Tailoring

(2) Embroidery

(3) Needle-craft

(4) Spinning

(5) Handloom

(6) Weaving

(7) Soap making

(8) Hosiery work

(9) Cane and bamboo work

(10) Candle making

(11) Toy making

(12) Pottery

(13) Stationery articles

(14) Local handicrafts

(15) Cottage industries

(16) Gardening

(17) Sewing machine repair

(18) Typing

(19) Computer training

(20) Beautician's work

(21) Telephone operation and secretarial

practice

(22) Agricultural, hor ticultural, diary

projects

(23) Poultry

(24) Sericulture

(25) Fishery

(26) Mushroom cultivation

(27) Fruit preservation

(28) Local projects

Labour

1543. Prisoners shall be paid equitable remuneration for their work and no disparity in wages shall accrue on account of gender differences.

1544. The system should also provide that a part of the earnings is set aside by the administration to constitute a savings fund to be handed over to the prisoners on their release.

1545. Under the system the prisoners shall be allowed to spend at least a part of their earnings on approved articles for their own use and to send a part of it to their family.

1546. Unless medically advised not to work, all prisoners shall be engaged in work and activity in the prison, for which they should be paid proper wages.

Health/Medical facilities

1547. Every woman prison shall have a 10 bed hospital for women. Treatment programmes should be properly planned and developed in every woman's prison. At least one and more woman gynaecologist and psychiatrist shall be provided. Modern equipments for X-ray, ECG, ultrasound and sonography should be available.

1548. In addition to the details required to be recorded after health screening in accordance with Appendix-13, the health screening of women prisoners shall also include a comprehensive screening to determine primary health care needs, and to determine,—

(1) The presence of sexually transmitted diseases or blood-borne diseases; and, depending on risk factors, women prisoners may also be offered testing for HIV, with pre-and post-test counselling;

(2) Mental health care needs, including post-traumatic stress disorder and risk of suicide and self-harm;

(3) The reproductive health history of the woman prisoner, including current or recent pregnancies, childbirth and any related reproductive health issues;

(4) The existence of drug dependency;

(5) Sexual abuse and other forms of violence that may have been suffered prior to admission.

1549. Female prisoners suffering from psychosomatic and psychological disorders,853 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 victims of sexual abuse and those having mental health issues, should get proper counselling and medical treatment.

1550. The right of women prisoners to medical confidentiality, including specifically the right not to share information and not to undergo screening in relation to their reproductive health histor y, shall be respected at all times.

1551. Women prisoners shall receive education and information about preventive healthcare measures, including on HIV, sexually transmitted diseases and other blood borne diseases, as well as gender-specific health conditions.

Legal aid

1552. To ensure access to justice to all, timely legal aid services should be provided to needy prisoners at State expenses as prescribed by the State Government. Prison Administration should be assisted by the State/District Legal Service Authority for this purpose through a panel of advocates earmarked for the jails/courts.

1553. For this purpose, socio-legal counselling cell shall be set up in each institution to be managed by volunteers from a designated law school, school of social work, or a non-Governmental voluntar y agency. Work done by students while working in such a cell shall be given academic credit and shall form a part of the student's graded curriculum.

1554. Assistance of lady members and Para Legal Volunteers (PLVs) of the district legal aid committee shall be made available to women prisoners to help them with their procedural and legal problems.

1555. The practice of fortnightly or weekly naribandisabhas (women prisoner's councils) shall be utilised as a modality for orientation of, and interaction with, prisoners and for training in participative custodial living.

1556. In the event of existence of sexual abuse or other forms of violence before or during detention is discovered, the woman prisoner shall be informed of her right to seek recourse from judicial authorities. The woman prisoner should be fully informed of the procedures and steps involved. If the woman prisoner agrees to take legal action, appropriate staff shall be informed and the case immediately referred to the competent authority for investigation. Prison authorities shall help such women to access legal assistance.

1557. In such cases, regardless of whether the woman chooses to take legal action, prison authorities shall endeavour to ensure that she has immediate access to specialized psychological support or counselling.

1558. The provisions of Chapter XVI-Legal Aid shall also be applicable to women prisoners.

Facilities for foreign nationals

1559. Women prisoners, who are foreign nationals, shall be allowed reasonable facilities to communicate with their diplomatic and consular representatives. Those who are nationals of other countries, or refugees, shall be allowed similar facilities to communicate with any agency whose task is to protect such persons.

Premature release

1560. In line with gender-sensitive management policy, a liberal approach should be allowed while determining cases of premature release of women prisoners particularly in cases where she has been the sole breadwinner, or where no surrogate care is possible for the dependents of women prisoners. As far as possible, expectant mothers may be released on suspended sentences, or otherwise, to avoid delivery of their child inside the prison.

Applicability of Probation of Offenders Act,

1958

1561. Probation of Offenders Act, 1958, shall be extensively used in case of women offenders to provide suitable non-institutional corrective treatment to them.

1562. The probation system should be strengthened in close co-ordination with the judiciary. Probation Ser vices should be brought under the administrative control of the Directorate of Prisons and Correctional Services only.

Transfer of women convicts for release

1563. Every woman confined in a prison other than that of the district of her residence, shall be transferred to such prison in the district of her residence 10 days before her release. The sanction of Inspector General of Prisons for such transfers within the State shall not be required.

Release of women prisoners

1564. In case no relative appears to receive a female prisoner when she is likely to be led astray, she should, if willing to accept an escort, be sent to her home in charge of a matron or a respectable woman entertained for the purpose. If this escort is not considered necessary, the prisoner should be released in the ordinary way.

1565. Before a female convict prisoner is released, the Deputy Superintendent shall satisfy himself/herself about the bonafide and genuineness of the person or relative who has come to receive her. In case, the Deputy Superintendent is having reasonable doubt about the bonafide or genuineness of the person or relative, he/she should ensure that the female prisoner is sent to her home in the escort of a matron or a respectable woman. The prison authorities shall enlist co-operation of the non- Governmental organizations for safely escorting the female prisoner to her home.

1566. If no one comes to receive the women prisoner and she has nowhere to go, she can be sent to Special Home set-up by the Government for her safety.

Aftercare, rehabilitation and follow-up

1567. Prison authorities shall utilize options such as home leave, open prisons, halfway houses and community-based programmes and services to the maximum possible extent for women prisoners, to ease their transition from prison to liberty, to reduce stigma and to re-establish their contact with their families at the earliest possible stage.

1568. Prison authorities, in co-operation with probation and/or social welfare services, local community groups and non- Governmental organizations, shall design and implement comprehensive pre and post- release reintegration programmes which take into account the gender-specific needs of women. After care services/programmes should include all kinds of help which could result in proper readjustment of the released women prisoners in the society.

1569. Women prisoners willing to get married after their release should be rendered all necessary help through NGOs and Social Welfare Department.

1570. There shall be at least one designated voluntary organization in each district to which the work of extending all necessary help to a released prisoner could be entrusted.

1571. The approved representatives of such agencies shall have necessary access to the institutions and to women prisoners, and shall be taken into confidence from the start of their sentences.

1572. It is desirable that the activities of such agencies are centrally monitored and co-ordinated in order to secure the best use of their services.

1573. After-care of women prisoners, discharged from prisons and allied institutions, should be the statutory function of the Department of Prisons and Correctional Services.

1574. There should be women staff in the aftercare and follow-up units in the headquarters of the Department of Prisons and Correctional Services.

1575. Woman Probation Officers should be in charge of after-care and follow-up work.

1576. The after-care and follow-up unit should evolve an objective method of855 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 assessing the post-release needs of women prisoners.

1577. Restriction on employment of women released from prisons in Government or public service undertakings should be removed by suitable amendment of the rules.

Linkages with outside welfare agencies

1578. Prison reforms should be achieved through participation of the Government, private enterprises and non-profit organisations who could collectively facilitate implementation of various processes and systems to encourage prison industries. The representatives from other districts and other prisons in the State, representative from the industr y, representative from NGOs for training and skill development can be considered as members of the Jail industry Board.

1579. The Superintendent of Prison shall establish a functional linkage and co- operational relation with a select group of social activists/N.G.Os serving and taking up the cause of women in general and women offenders in particular, so that the prison administration and the N.G.Os can together wage a war against social stigma attached to women in custody. As this is a battle to be fought more in minds than in fields, frequent seminars/symposia shall be conducted to elaborate on the need of af ter-release rehabilitation of women offenders, and to create a favourable public opinion.

1580. Comprehensive, intensive and incessant counselling of women offenders and members of their families shall be carried out by these groups of social activists/N.G.Os to pre-empt/overcome the aversion of the society to women prisoners, which otherwise might deter and derail proper rehabilitation of women in custody.

1581. Counselling programmes should focus on the emotional and psychological issues of women prisoners, particularly for those who have been victims of domestic violence, sexual abuse and substance abuse. The counselling programmes should,—

(1) help address any mental health issues that she may be suffering from and suggest effective coping strategies,

(2) facilitate her re-integration into society

after release;

(3) focus on removing any fur ther damaging impact that imprisonment could have on women inmates, and seek to enhance self-worth, autonomy and self- efficacy.

1582. Special programmes may be initiated to address underlying factors that lead to criminal behaviour, for instance, separate programmes addressing substance addiction- related issues.

1583. The literacy and vocational training for women offenders shall be conducted in such a manner that it,—

(1) endows woman inmates with professional capabilities and expertise in one, or more than one, vocation, so as to enable them to earn a living and lead a self- supporting life after release,

(2) eradicate the poverty-crime nexus,

(3) empower women to make positive lifestyle changes within the context of education, support and recovery. Special programmes should be initiated for women prisoners with physical or mental disabilities. The programmes should also involve imparting life skill-based education, and disseminating information about preventive health care measures, including prevention from HIV, sexually transmitted diseases and other blood borne diseases, as well as gender-specific health conditions.

Prisoners suffering from mental illnesses

1584. Women who are found mentally ill shall not be detained in prison. Arrangements shall be made for the removal to mental homes/institutions for mentally ill prisoners who happen to be admitted in prisons.

1585. When transferring a mentally ill woman prisoner to a mental home and back to the prison, a matron shall accompany the police escort, provided to such prisoner,856 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 wherever possible. The families of such prisoners shall be traced and informed of the prisoners' whereabouts and health status.

1586. Steps shall be taken, by arrangement with the appropriate agencies, to ensure the continuation of psychiatric treatment after release and provisions of social psychiatric after-care, wherever it is deemed necessary.

Prison discipline

1587. Discipline and order shall be maintained with firmness but with no more restriction than is necessary for safe custody and well ordered institutional life.

1588. No woman prisoner shall be punished in the prison until she has been informed of the offence alleged against her and given proper opportunity of presenting her defence. The competent authority shall conduct a thorough investigation of the case before awarding punishment.

1589. Prison offences and indiscipline may be dealt with in the manner provided in Chapter XXI Prison Discipline subject to the following conditions,—

(1) Punishment by close confinement or disciplinary segregation shall not be applied to pregnant women, women with infants and breastfeeding mothers in prison.

(2) Disciplinar y sanctions for women prisoners shall not include a prohibition of family contact, especially with children.

(3) Instruments of restraint shall never be used on women during labour, during birth and immediately after birth.

Requests and complaints

1590. During the weekly parades, every woman prisoner shall have an opportunity of making requests/complaints to the Superintendent who in turn, shall promptly deal with such complaints/requests.

1591. A complaint box shall be fixed at a prominent place in the woman's enclosure which shall be opened in the presence of the Superintendent at least twice a week. Every complaint or request found in it shall be registered and properly dealt with and replied to without undue delay. The prison social welfare and legal aid counselling staff, or literate prisoners, shall be utilized to assist illiterate prisoners in recording their complaints. All such complaints shall be received and tackled in an understanding manner without the risk of retribution to the complainant. Women prisoners who report abuse shall be provided immediate protection, support and counselling and their claims shall be investigated by competent and independent authorities, with full respect for the principle of confidentiality. Protection measures shall take into account specifically the risks of retaliation.

1592. Appropriate guidance and assistance should be given to women prisoners for filing complaints against sexual harassment with the internal complaints committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

1593. The Board of Visitors shall monitor the conditions of detention and treatment of women prisoners in particular.

Women personnel

1594. In a prison for convicted women prisoners there shall be one post of a lady Superintendent.

1595. The women's enclosures attached to the sub-prisons and district prisons shall be in the charge of a lady Deputy/Assistant Superintendent. They shall be assisted by a Head Matron and Matron.

1596. The following officials shall be posted in every prison for women as per requirement in accordance with the directions of State Government,—

(1) Lady Superintendent,

(2) Deputy Superintendent,

(3) Assistant Superintendent,

(4) Chief Welfare Officer,

(5) Welfare Officer,

(6) Law Officer,

(7) Probation Officer,857 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (8) Chief Head Matron,

(9) Head Matron,

(10) Matrons,

(11) Teachers,

(12) Instructors,

(13) Psychiatrist,

(14) Doctor, specially gynaecologist,

(15) Clerks,

(16) Aftercare Officer, and

(17) Warders.

Lady DIG at the Headquarter

1597. There shall be one post of lady DIG attached to the Prison Depar tment's Headquarters to look after women prisons, women prison staff and women prisoners. Inquiries pertaining to women prisoners shall be conducted by the lady DIG, who shall submit her finding to the Inspector General of Prisons with her recommendations.

Terms of service and training

1598. Women warders and all other women prison officers shall be provided, basic initial training, in-service training and refresher courses to keep them in touch with contemporary developments in the field of their work.

1599. Every woman member of prison staff shall be provided training in Human Rights and various aspects of correctional work.

1600. All promotions up to the level of Deputy Superintendent should be made subject to a pre-promotional qualifying examination. All those who qualify in this examination should be eligible for promotion to the next higher post.

1601. Physical fitness and psychological tests should be essential prerequisites for direct recruitment.

1602. All new recruits should be given basic initial in-service training. Officers and staff on deputation should be put through short duration orientation courses.

1603. Adequate training reserve should be provided in each cadre of the prison service.

1604. Basic initial training, in-service training, refresher courses should be organized by the training institutions for various categories of personnel.

Other facilities for women staff

1605. Study teams of senior women officers should be deputed to visit prison institutions in various States in the country as also those in other countries.

1606. Staff meetings and conferences

should be regularly held.

1607. A welfare fund should be established

in the State.

1608. Proper forum should be provided at the institutional and State levels for women prison staff to ventilate their grievances.

1609. In case of death of a women prison staff in lawful discharge of her duties, the survivors/family of the deceased women prison staff shall be entitled for ex-gratia compensation as may be prescribed by the Government from time to time.

1610. All good work done by women prison personnel should be given proper publicity and should be highlighted through the media.

1611. Residential quar ters should be provided to all members of the women prison.

1612. Adequate leave-reserve should be

provided while fixing staffing norms.

1613. Every member of the women staff

shall be allowed a day off once a week.

1614. Women prison personnel should be

paid salaries and allowances as per rules.

1615. Every direct recruit in service should have oppor tunities of at least three promotions during the span of her career.

1616. Proper forum should be provided at the prisons, and the State level, for women prison personnel to ventilate their problems grievances common to them.

Creche and canteen facilities to staff

1617. Some prison female staff should be given special training in the management of canteen and such officials should be put in charge of supervising the canteen.

1618. Female staff shall be provided services of creche for proper care of their young children while they are on duty.

1619. Canteen facilities should be made

available.

1620. Female prison staff shall be allowed the option to take their meals during duty hours with prisoners free of cost.

Escorting of women prisoners

1621. The matron/female head warder shall escort every female prisoner leaving the women's enclosure, and shall remain with the prisoner until the prisoner returns to the enclosure. She shall accompany the female prisoner under transfer. Wherever necessary, services of women police should be utilized for escort duty with due regard to security considerations.

1622. Separate escort vans for escorting

women prisoners shall be made available.

Matrons or women warders not to allow a

male to enter woman enclosure

1623. The Chief Head Matrons/Head Matrons/Matrons shall not allow any male prison officer, or male prisoner, to enter the women's enclosure without proper authority. If any male prison officer/warder/prisoner, without proper authority, at any time enters, or attempts to enter, any ward or portion of the prison reserved for occupation by female prisoners, the Matrons shall make a report for thwith to the Deputy/Additional Superintendent/Superintendent of Prison.

Matron or head matron not to communicate

with male prisoners

1624. No Matron/Head Matron shall at any time, and on any pretext, hold any interview or communicate/interact in any way, with any male prisoner or visit any part of the prison allotted, reserved for, or occupied by male prisoners, except in the discharge of her duties.

Keys of woman's enclosure

1625. The Matron or Head Matron shall have custody of the keys of the wards and enclosures in which female prisoners are confined during the day. After the locking up, she shall deliver the keys to the lady Deputy/Assistant Superintendent who shall lock them up in the key chest. The lady Deputy/Assistant Superintendent shall hand over the keys again to the Matron or Head Matron in the morning at the time of unlocking.

CHAPTER XXVIII

Young Offenders and their Reformation

Guiding principles

1626. Young persons are impressionable. A young offender of today can be a hardened recidivist of tomorrow. Such offenders can be reclaimed as useful citizens and can have better prospects for being re-educated to a socially useful way of life. A scientific and progressive approach needs to be adopted if these offenders are to be saved from the damaging and traumatic experiences of incarceration.

1627. As far as possible, young offenders should not be kept in institutions meant for adult and habitual offenders.

1628. Institutions for young offenders should be so classified that diverse training programmes, designed to suit each homogeneous group, can be conveniently organised.

Training and treatment

1629. Special emphasis should be given on a studied evaluation of individual offender's personality and careful planning of training and treatment programmes, to suit the needs of each inmate. Training and treatment shall include education, work and vocational training, recreational and cultural activities, discipline, case-work approach, group work859 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 activities, group guidance, individual guidance, counselling, character building, periodical review, release planning, pre- release preparation, after-care on a comprehensive basis, and follow-up study.

1630. In case it becomes necessary to keep young offenders in a sub-prison during investigation and trial, it should be ensured that they do not come in contact with adult criminals there as far as possible.

Non-Institutionalized treatment

1631. It is necessary to save the young offenders from evils of incarceration. Non- custodial treatment for young offenders should be preferred to imprisonment. Under mentioned process should be followed for young offenders:

(1) When any young offender is found guilty and is likely to be punished with imprisonment not exceeding one year, the court should take recourse to any of the following non-custodial measures:

(a) Release on admission;

(b) Release on taking a bond of good conduct, with or without conditions from the young offenders and from parents/ guardians/approved voluntary agencies;

(c) Release on probation under the Probation of Offenders Act on any of the following conditions:

(i) continuation of education/

vocational training/employment,

(ii) obtaining guidance from

probation officer/teacher/counsellor,

(iii) getting work experience in work camps during week-ends and on holidays,

(iv) doing useful work in work centres (agricultural farms, forestry, housing projects, road projects and apprenticeship in work-shops),

(v) young offenders released on probation shall be kept under constant supervision.

Note: Suitable cases of young offenders likely to be sentenced to periods above one year of imprisonment should also, as far as possible, be processed through the above- mentioned non-institutional approach. Young offenders should be sent to prison only as a last resort.

(2) (a) young offenders involved in minor violations should not be kept in police custody. Instead, they should be kept with their families/guardians/approved voluntary agencies on the undertaking that they will be produced before the police, as and when required, for investigation,

(b) Young offenders involved in serious offences, while in police custody, should be kept separate from adult criminals and the police custody should be only for the minimum period required for investigation,

(c) The investigation of cases of young offenders must be expeditiously completed,

(d) Bail should be liberally granted in cases

of young offenders,

(e) when it is not possible to release a young offender on bail, he should be kept in a Reception Centre/Kishore Sadan/Yuva Sadan during the pendency of his trial,

(f) incase it becomes necessary to keep young offenders in a sub-prison during investigation and trial, it should be ensured that they do not come in contact with adult criminals there.

Reception Centres/Reception Units

1632. There should be separate institutions for young offenders, to be called as Reception Centres and Kishore Sadans/Yuva Sadans. There should be a separate Reception Centre for young female offenders.

1633. Reception Centres should be organised at district or regional level as per the requirements of the State to provide safe custody for young offenders, who cannot be released on bail or probation for their initial classification and subsequent placement.

Note: The period of detention in a Reception Centre should be from two to eight weeks. It should not exceed eight weeks.

1634. Young offenders sentenced to periods of imprisonment of six months and above should be collected at the Reception Centres/ Reception Units.

Note: In case of large number of prisoners under admission on a regular basis a separate institutions as Reception Centre should be established. When it is not practicable, to set up a Reception Centre, part of an institution for young offenders should be earmarked as Reception Centre.

1635. Programmes in the Reception centre/

Reception Unit should consist of,—

(1) Admission, quarantine and orientation.

(2) Study and evaluation of individual

offender's personality.

Note: Inmates admitted in the Reception centres should be studied by a team consisting of Correctional Administrators, Sociologists, Psychologists and Social-Case Workers. Whenever necessary, the inmate may be referred to a Psychiatrist.

(3) Initial classification

1636. After initial classification is over, the inmate should be transferred to a suitable institution. The Superintendent in charge of the reception centre/reception unit shall only indicate the lines of training and treatment. The discretion as to how to implement the suggestions given by the reception centre, and also to make necessary modifications therein, rests with the Superintendent in-charge of the institution where the inmate has been transferred.

Annexes for young offenders

1637. Each central/district prison should have an annexe for young offenders. Young offenders sentenced to periods of imprisonment up to six months may be kept in this annexe.

Reception Center and Kishore Sadan/Yuva

Sadan

1638. Kishore Sadan/Yuva Sadan should be

categorised on the following lines,—

(1) An institution recognised as an approved Kishore Sadan/Yuva Sadan by the State Government:

(a) a hostel run by Government,

(b) a hostel run by a voluntary agency,

(c) a hostel of an Industrial Training

Institute,

(d) a hostel of an Agricultural School.

(2) Semi-open Kishore Sadan/Yuva Sadan.

(3) Open Kishore Sadan/Yuva Sadan.

(4) Special Kishore Sadan/Yuva Sadan

(medium security institution).

1639. The following treatment should be given to young offenders at Reception Centre/ Kishore Sadan/Yuva Sadan,—

(1) Initial admission.

(2) A system of proper custody and positive,

constructive and firm discipline.

(3) Care and welfare of inmates.

(4) Basic segregation according to

requirements.

(5) Attending to immediate and urgent

needs and problems of inmates.

(6) Orientation to institutional life.

(7) Study of the individual offender.— history taking, case-recording, tests and observation.

(8) Scientific classification.

(9) Attending to long-term needs of inmates

like education and vocational training.

(10) Inmates shall be properly assessed both at the time of admission and regularly thereafter, with the specific objective of looking into their criminogenic factors and providing help to enable them to lead a law- abiding and socially productive life after release.

(11) Guidance, counselling and support.

(12) Release planning.

(13) After-care.

(14) Follow-up.

1640. Initially, all young offenders, offering good prognosis, may be kept in institutions861 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 recognised as approved Kishore Sadan/Yuva Sadan or in semi-open Kishore Sadan/Yuva Sadan. Later, on the basis of their responses to training and treatment, suitable young offenders should be transferred to Open Kishore Sadan/Yuva Sadan. Difficult, disciplinary and problem cases, and escape risks, should be sent to special Kishore Sadan/ Yuva Sadan. In due course, after observing their responses to institutional programme, these young offenders may be transferred to semi-open Kishore Sadan/Yuva Sadan and later to Open Kishore Sadan/Yuva Sadan. By adopting this approach many young offenders can be spared the bad experience of living with hardened criminals in closed institutions.

1641. Decisions about placement of young offenders in the diversified Kishore Sadan/ Yuva Sadan should be taken by the classification committee which may comprise trained and experienced correctional administrators.

1642. Young offenders should be sent to special Kishore Sadan/Yuva Sadan as a last resort.

1643. At each institution there should be a Review Board consisting of the following,—

(1) The District Judge, Chairman.

(2) One Member of the State Legislature.

(3) The District Magistrate.

(4) The Superintendent of Police.

(5) The District Medical Officer/Civil Surgeon/Medical Superintendent of the Government Hospital.

(6) The Deputy Director of Correctional

Services (Young Offenders).

(7) One social worker having experience of at least 5 years in the welfare of young offenders.

(8) The Prison Welfare Officer.

(9) The Superintendent of the Kishore

Sadan/Yuva Sadan, Member-Secretary.

1644. The Review Board should meet once in every two months to examine the case of each young offender. The Review Board should review the cases from the point of view of the progress and response of young offenders. The Review Board must decide the case of every young offender as to whether it is necessar y to continue him under institutional treatment. In suitable cases, the question of his conditional release on license should also be examined. The members of the Review Board should visit the Kishore Sadan/Yuva Sadan to see that the care and welfare of inmates are properly attended to. In deser ving cases, even such young offenders should be conditionally released on license. However, a young offender, in whose case prognosis is not favourable, should be transferred to a suitable prison. Only such young offenders, as are intractable, violent, psychopaths and hardened or dangerous criminals, should be transferred to prisons.

1645. The problem of young offenders, who are sentenced to imprisonment for periods above five years, have to be considered in a different perspective. In deserving cases, even such young offenders should be conditionally released on license. However, a young offender, in whose case prognosis is not favourable, should be transferred to a suitable prison. Only such young offenders, as are intractable, violent, psychopaths and hardened or dangerous criminals, should be transferred to prisons.

1646. Specially selected and adequately trained personnel should be made available for implementing various programmes for young offenders.

Staff organisation

1647. At the headquar ters of the Department of Prisons and Correctional Services a separate wing should be created under a senior officer of the rank of Deputy Director of Correctional Services (Young Offenders) for dealing with the problems of young offenders. In so far as the work of treatment and training of young offenders is concerned, he shall work independently. However, for purposes of co-ordination and integration with other wings of the862 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 Department, he shall be under the control of the Head of the Prisons Department.

1648. The following staff should be provided at institutions for young offenders,—

(1) Superintendent.

(2) Principal.

(3) Vice-Principal (when required).

(4) Supervisor.

(5) Psychologist.

(6) House Master Grade I.

(7) House Master Grade II.

(8) Staff for education, physical training, vocational training, industrial training and agricultural training.

(9) Staff for medical and psychiatric care.

(10) Ministerial, accounts, and other Staff.

(11) Security Staff.

House system

1649. There should be a House system for institutions for young offenders. Each house should be under the control and supervision of a House Master. Normally each house should comprise of not more than forty inmates.

Note: Suitable age groups of offenders should be organised within the houses. As far as possible each House should have a mixed group.

1650. The house staff should consist of: House Master, Assistant House Master and Supervisors. House Master and Assistant House Masters can be from among Teachers or Vocational Teachers or P.T. and Game Instructors.

1651. Correctional Leaders: Each House should elect three inmate leaders to be called as Correctional Leaders every quarter. These leaders should help the administration in matters like cleanliness, sanitation, distribution of food and in organising games, recreational, and cultural activities.

Note: The system of house leaders aims at giving the inmate an opportunity to share responsibility.

1652. House Committees.— Each House should have a House Committee consisting of house staff members.

1653. This Committee should meet once in a fortnight. The functions of this committee shall be,—

(1) To study each inmate individually and understand the various problems presented by him.

(2) To assist and advise the Superintendent and the Classification Committee in all matters pertaining to the inmates.

(3) To gauge inmates' response to training

and treatment.

(4) To extend help and guidance to inmates

at the individual level.

(5) To look after the welfare and discipline

of inmates.

(6) To associate the Correctional Leaders with house problems like sanitation, hygiene, welfare and planning of recreational and cultural activities.

Education

1654. Educational needs of young offenders must be adequately met. To this end, prison authorities may collaborate with 'open schools' for developing educational programmes for young offenders. Special emphasis should be laid on the following aspects in education of young offenders,—

(1) Physical and health education.

(2) Social and moral education.

(3) Literary education.

(4) Vocational education.

(5) Arts and handicrafts education.

1655. Necessary facilities for the overall educational development of young persons should be provided in institutions. The educational programmes should be so designed that young offenders of various age groups and intelligence levels can derive benefit from them. For illiterate and educationally backward young offenders special educational classes should be organised.

1656. Necessary opportunities for the self- education of young offenders should be provided in the institutions. Those who have the requisite capacity and desire to appear at examinations conducted by the State Education Department or by a University or by any other recognised institution should be permitted to do so.

Work and employment

1657. Young offenders should be taught such crafts, skills and vocations, as would be useful to them after release.

1658. Young offenders may be employed, by rotation, as assistants in running the institution's essential services, like sanitation and hygiene, kitchen and canteen, laundry and plumbing services. Such engagements should aim at imparting vocational training to the inmates in these areas of work.

Vocational training

1659. Special emphasis should be laid on the vocational training of young offenders in trades suitable for their rehabilitation in the society.

Cultural activities

1660. Special emphasis should be given on the cultural development of young offenders. Programmes of recreational nature and cultural activities should be so planned as to suit the needs of various groups of young offenders. The following activities such as indoor games, outdoor games, gymnastics, athletics, films, music, community and folk dances, dramatics arts and crafts, reading, writing, debating, quiz programmes, sports meet, participation in local tournaments and matches, excursions and camps, scouting, philately and gardening can be selected for organizing recreational and cultural programmes.

Diet

1661. Adolescence being the age of growth and development, proper attention should be given to provide balanced diet to such prisoners.

Discipline

1662. Special emphasis should be given on the discipline of young offenders. As far as possible, minor offences should be dealt with by withdrawal of concessions. When this approach fails, recourse should be taken to other forms of punishment.

Pre-release and release

1663. Provisions of Chapter XVIII- Premature Release should be applied for pre- release preparations and release of young offenders.

1664. At least a fortnight before a young offender is due for release, a letter shall be sent to his relatives/friends intimating the date of his release and asking them to be present at the prison to receive him after release. As far as possible, young offenders should be handed over after their release to their relatives, friends or a recognised After- care Agency. If the Principal of the Institution or Superintendent of Prison thinks it necessary, the released young offender may be sent to his home or after-care agency under the care of a Prison Guard or a Supervisor.

After-care and rehabilitation

1665. Af ter-care facilities should be extended as per provisions of Chapter XX (Af ter-care and Rehabilitation). Special attention should be given to all aspects of after-care of young offenders.

Programme and daily routine

1666. Programme and daily routine should

include of the following:-

(1) Morning

Preparation for opening.

Unlocking according to conditions of visibility.

Counting and searching.

Leaving the barrack or cell.

Toilet.

Prayers and meditation in group.

P.T., drill, individual and group exercises, light Yogasanas, etc.

Morning light meal.

Educational classes.

Vocational training.

Bath.

Meal and rest.

(2) Afternoon

Work.

Toilet.

Outdoor games or gymnastics.

(3) Evening

Wash.

Evening meal.

Social education.

Newspapers, books, radio, T.V.

Group music, dramatics, educational films and other cultural activities according to weekly programme for each group.

Group prayers.

Preparation for lock-up.

Searching and counting.

Lock-up.

Note: Agricultural work should preferably be done in the morning. Inmates engaged in agricultural work should attend the educational and vocational training classes in the afternoon. Details of work and education schedules should be fixed by each institution in accordance with available facilities.

1667. Programme on Sundays and prison

holidays:

(1) Morning

Toilet.

Prayers in group.

Morning light meal.

General cleaning of barracks, cells, open spaces etc. Cleaning of equipment.

Washing clothes.

Bath.

Inspection of equipment.

Meal and rest.

(2) Afternoon

Education films, Group Music, Folk dances, Dramatics. Newspapers, books, radio, games and TV.

Toilet.

(3) Evening

Wash.

Evening meal.

Preparation for lockup.

Searching and counting.

Lock-up.

Note: Subject to the approval of the Head of the Prisons Department the Principal/ Superintendent is authorised to make necessary changes in the daily routine/ programme to suit the needs of the institution.

1668. Non-institutional approach should be the main thrust of the programmes for the treatment of young offenders so that they are saved from unhealthy experience of incarceration. Where incarceration is imperative, young offenders should be exposed for reasonable lengths of time to programmes of re-education, vocational training, social adjustment and positive discipline through a diversified system of Kishore Sadan/Yuva Sadan.

CHAPTER XXIX

Inspection of Prisons

1669. Inspections should be of two types.— (1) Informal Inspection: Informal inspections are to be conducted by every officer of the prisons Department of the rank of Additional Inspector General of Prisons and above, as and when they visit a prison while discharging their official duties. The visiting officer shall prepare an informal inspection report containing the following:—

(a) Security and lighting arrangements;

(b) Mess and canteen facilities;

(c) Vacancy position of staff;

(d) Medical facilities;

(e) prisoners strength;

(f) All Jail buildings;

(g) Interview with prisoners;

(h) Grievances of prison staff;

(i) Pending references with the prison

headquarters;

(j) Female prisoners and infants;

(k) prisoner Management Software/

Video Conferencing facility;

(l) Any other administrative issues.

(2) Formal Inspection: Formal inspection shall be carried out in detail by an Inspecting Officer (as may be designated by the State Government). The Inspecting Officer should spent minimum of two nights and two days at the prison, while carrying out the inspection. The Inspecting Officer should draw a detailed inspection report covering the following:

(a) Comments on the compliance of the observations made/directions issued by the Inspector General of Prisons on the previous inspection note;

(b) Authorized prison population and

actual prison population;

(c) Vacancy position of staff;

(d) Security and lighting arrangements during day time and night/generator sets;

(e) Jail alarm system;

(f) Mess and Canteen Facilities;

(g) Interview facilities for prisoners;

(h) Stores;

(i) Jail record to be maintained for the

prison inmates;

(j) Record relating to parole, furlough,

remission and pre-mature release etc.;

(k) Women prisoners and infants;

(l) Medical facilities;

(m) Work opportunities in jail;

(n) Remission system;

(o) Wages to prisoners;

(p) Library;

(q) Hygienic condition in barrack

including water and sewerage facilities;

(r) Recreation facilities/Sports/Religious

activities/Spiritual activities;

(s) Jail farms;

(t) Jail Factory/Workshop;

(u) Prison Panchyat;

(v) High security ward;

(w) High risk prisoners;

(x) Computerization/Video Conferencing

facility/CCTVs etc.;

(y) Prison staff colony/Wardens Hostel

etc.;

(z) Interviews with prison staff;

(aa) Other administrative matters related

to prisons, prisoners and staff.

Action Taken Report (ATR) on

(i) Grievances Redressal Meeting, if any;

(ii) Canteen Management.

1670. Every Central Prison, District Prison, Sub-Prison, Women Prison and other prisons shall be inspected by a Gazetted Officer twice in a calendar year. At least one such inspection shall be carried out by the officer of the rank of Jail Superintendent. The first inspection shall be carried out in the month of January/February on the working of the prison for the period from 1st of July to 31st of December of the previous year. The inspection to be carried out in the month of July shall cover the working period from 1st January to 30th June of the same year. The repor t of the first inspection shall be submitted by 28th February and the report of the second inspection shall be submitted by 31st of July every year, to the Inspector866 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 General of Prisons for issuing appropriate directions. The Inspector General of Prisons shall appoint Inspecting Officers for different prisons, in advance, by 15th January every year.

1671. The Inspector General of Prisons shall issue directions to the Superintendent of the prison concerned for complying with the observations made by him on the inspection repor t. The compliance repor t on the directions issued on the inspection note shall be submitted by the Superintendent of Jail concerned before the next inspection is due. The Inspecting Officer shall write a paragraph in his report about the compliance of the Jail Superintendent on the points raised and the observations made in the previous inspection report.

1672. The Inspector General of Prisons or any other officer of the rank of Additional Inspector General of Prisons from the prisons Headquarters shall inspect minimum of 25% of the prisons in the State every year. This allotment shall also be done by the Inspector General of Prisons in advance by 15th of January every year.

CHAPTER XXX

Board of Visitors

1673. The State Government shall, by notification, constitute a Board of Visitors comprising Official and Non-official members at District and Sub-divisional level. However, the same Board of Visitors may be appointed for more than one prison.

1674. The task of the Board of Visitors shall

include,—

(1) Monitoring the Correctional work in prisons, with special attention to the degree and quality of training and the effectiveness of infrastructure/facilities in the prisons.

(2) Suggesting new avenues leading to

improvement in correctional work.

(3) Going into individual or collective grievances of prisoners and providing redressal in consultation with the prison authorities.

1675. The Board of Visitors shall comprise

the following official members.—

(1) The District Judge at the District level, or the Sub-Divisional Judicial Magistrate exercising Jurisdiction, at Sub-Division level.

(2) The District Magistrate, at the District level or Sub-Divisional officer at Sub-Divisional level.

(3) District Superintendent of Police.

(4) The Chief Medical Officer of the Health Department, at the District level or the Sub- Divisional Medical Officer at Sub-Division level.

(5) The Executive Engineer, PWD at the District level, or Assistant Engineer PWD at Sub-Divisional level.

(6) The District Education Officer dealing

with literacy programmes.

(7) The Secretary, District Legal Services

Authority of the concerned district.

(8) The District Social Welfare Officer.

(9) The District Employment Officer.

(10) The District Agricultural Officer.

(11) The District Industrial Officer.

(12) The Medical Superintendent, Institute

of Psychiatry & Human Behaviour.

Note: The Board shall make at least one visit per quarter and for this purpose, presence of three members and the chairman shall constitute quorum.

1676. The Board of Visitors shall also comprise the following Non-Official Members,—

(1) Three Members of the Legislative Assembly of the State of which one should be a woman. In case, woman member is not available, then the Adhyaksha or Upadhyaksha of Zilla Panchayat concerned may be nominated.

(2) A nominee of the State Human Rights

Commission.

(3) Two social workers of the District/Sub- Division; one of them shall be a woman having867 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 an interest in the administration of prisons and welfare of prisoners.

1677. The District Judge shall be the Chairman of the Board of Visitors at District level and the Sub-Divisional Judicial Magistrate shall be the Chairman at Sub- Division level. Superintendent of Prison concerned shall be the Member Secretary. The Non-official visitors after their appointment must be sensitised and trained about their duties, roles and responsibilities.

1678. The Board of Visitors shall meet in the office of the Superintendent of Prisons at least once in every quarter.

1679. The minutes of every meeting of the Board of Visitors shall be recorded in the Visitors' Minute Book, and the same shall be forwarded to the Inspector General of Prisons with comments of the Superintendent. 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/ meetings of the Board of Visitor of all the prisons before the State Advisory Board.

1680. When a non-official member of the Board of Visitors visits a prison he shall be accompanied by at least one more member (official or non-official). 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 Superintendent.

1681. The roster shall be made in such a manner as will envisage at least one visit by a member in every month.

1682. 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.

1683. During visits, a Visitor (Member of the Board of Visitors) shall enjoy the right to converse secretly and separately with any prisoner who is willing to talk 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 Prison.

1684. Any observations/comments made in the Visitors' Minute Book, by any member of the Board, shall be forthwith brought to the notice of the Inspector General of Prisons by the Superintendent, 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.

1685. The Members of the Board of Visitors shall specially attend to the quality and quantity of prison diet, condition of the kitchen and hospital, availability of medicines, hospital management, medical treatment of the prisoners, sanitary arrangements, aspects of vocational trainings, literacy program, and library facility for the prisoners.

1686. The Superintendent shall present before the visiting member/members of the Board of Visitors any paper/document pertaining to correctional work, recreation and trainings of prisoners, prison diets/ medicines, grievances of prisoners and follow redressal of such grievance, if it is sought by a visiting member of the Board.

1687. The Superintendent shall not be bound to present any register/document/ paper pertaining to financial accounts before a member of the Board of Visitors without written approval of the Inspector General of Prisons.

1688. The Superintendent shall ensure that the prisoners lodging complaints with the visiting member/members of the Board of visitor do not subsequently fall prey to vendetta of the accused or prison staff complained against.

1689. Following any such visits by member/ members of the Board of Visitors, the Superintendent shall inform the Inspector868 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 General of Prison regarding the details of the visit.

1690. A Non-official Member of the Board of Visitors shall hold office for a period of two years from the date of his/her appointment to the Board, and may be considered for reappointment. However, non-official member should not be appointed for more than two times.

1691. The appointing authority may cancel the appointment of any non-official visitor for reasons to be recorded in writing. Removal of non-official visitors must not be arbitrary and should be based on a sound reasoning. In particular, any removal must be made after following principles of natural justice. If any Official Member or Non-Official Member does not remain present for two meetings without any reasonable cause, the Chairman may recommend his removal to the State Government and report to the Chief Secretary, Government of Goa through Inspector General of Prisons.

1692. A non-official member of the Board of Visitors shall receive allowances as may be sanctioned by the government from time to time, for attending meetings of the Board of Visitors.

Duties of Visitors

1693. All Visitors, official and non-official,

at every visit shall,—

(1) examine the cooked food,

(2) inspect the barracks, wards, work-sheds and other buildings of the prison generally,

(3) ascertain whether considerations 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 is detained for undue length of time while awaiting trial,

(4) examine prison registers and records, except secret records and records pertaining to accounts,

(5) hear and attend to all representation and petitions made by or on behalf of the prisoners,

(6) direct, if deemed advisable, that any such representation or petition be forwarded to the Government,

(7) suggest new avenues for improvement

in correctional work.

Note: A spare copy of the list of duties of the visitors should 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 on his appointment.

Board of Visitors to record remarks

1694. The Board of Visitors should record their remarks in the Visitors' Book after every visit. A copy of these remarks shall be forwarded to the Inspector General who should pass such orders as he think necessary. A copy of the Inspector General's order should be sent to the Visitor concerned.

Visitors to be facilitated

1695. The Board of 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 of Prisons.

1696. The Board of Visitors 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. However, the Superintendent of Prisons should not decline such call to the Chairman of the Board of Visitors. 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.

1697. Non-official visitors shall not visit prisoners who are not allowed to be interviewed on medical grounds.

1698. Visits shall not ordinarily be made after prisoners have been locked for the night and on prison holidays.

Respect to Visitors

1699. Due respect should be paid to the official and non-official Visitors and their request for information should be complied with readily. The Superintendent can nominate any official to accompany the Visitor as and when required. The Visitor shall not be allowed to go around a prison without an escort, which is necessary for his personal safety. But on the demand of the Visitor, the guard should withdraw from earshot of the prisoner, so as to permit confidentiality.

Visit to high security prison

District & Session Judge to visit and inspect

prisons

1700. It shall be the duty of the District & Session Judge to visit and inspect high security and other prisons and to satisfy himself that all Rules, regulations, directions and orders made or issued to such prisons, are duly observed and enforced.

Record of inspection

1701. 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.

District & Sessions Judge to communicate

only with the Superintendent of Prisons

1702. The District & Sessions Judge shall not ordinarily address any communication or order to any officer of any prison below the Superintendent. All orders issued by the District & Sessions Judge shall be in writing.

1703. The District & Session 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.

1704. If the District & Session Judge gives an order to which the Superintendent of Prison or his senior takes exception, the concerned office may represent the matter through the Inspector General of Prisons to the State Government, but he shall forthwith obey any order which is not inconsistent with the Prison Act of the State, or any rule made there under, and does not involve any immediate risk or danger.

Date of visit to be recorded and copy of

remarks to be sent to certain officers

1705. 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 he may wish to make.

1706. 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 undertrial prisoner, a copy of such remark shall also be forwarded to the Sessions Judge.

Disposal of the remarks made by a visitor

1707. 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 favourably or adversely, on the character or conduct of any of the prison 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.

1708. 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 State Government.

1709. A copy of any order passed by the Inspector General, or by the State Government on any record made by a Visitor shall be communicated to the Visitor concerned through the Superintendent of Prison.

CHAPTER-XXXI

Staff Development

1710. A concerted approach towards staff development should be made an integral part of the legal framework that regulates prisons. Correctional work being a specialized field, and a social service of great importance, all posts in the Department of Prisons and Correctional Services at prison level, except where supporting staff is required, should be manned by persons belonging to the Prison Department subject to rules and policies of the Government.

Prison cadre

1711. The prison personnel should

comprise of following staff cadres,—

(1) Executive.

(2) Custodial/Guarding.

(3) Technical: Technical Supervisors and

Instructors borne on prison establishment.

(4) Ministerial: from Administrative Officer down to the Lower Division Clerk and Multi- Tasking Staff.

1712. Cadre strength of various categories of personnel should be fixed in accordance with the needs of the department. While fixing the strength of each cadre, care should be taken to see that enough openings for promotions become available to the personnel. With this in view the following ratio for determining cadre strength of various posts should be laid down,—

(1) Warders, Head Warders and Chief Head

Warders should be in the ratio of 25:5:1;

(2) Chief Head Warders and Assistant Superintendent should be in the ratio of 1:1;

(3) Assistant Superintendent and Deputy Superintendent should be in the ratio of 3:1;

(4) Additional Superintendent, Superin-

tendent and should be in the ratio of 9:3;

(5) The ratio of Warder with respect to

prisoners should be 1:6.

Provided that these provisions if require creation of new posts or cadre restructuring would require concurrence of Government as per rules in force.

Recruitment and selections

1713. The Government shall, by notification, appoint an Inspector General of Prisons to be in-charge of the administration and management of all the prisons in Goa who shall belong to Indian Administrative Service/ Indian Police Service or Goa Civil Service.

1714. The Government may also, by notification, appoint as many Additional, Joint, Deputy or Assistant Inspector General of Prisons as it may think fit or necessary to assist the Inspector General of Prisons in exercising the powers and functions of the Inspector General under the Act.

1715. There should be an inbuilt mechanism in the Prison Department for continuous and systematic study of manpower needs, so that there should be a regular intake of new recruits in order to maintain a continuous flow of qualified and trained personnel in the department.

1716. In order to maintain the necessary level of morale, discipline and efficiency of the prison staff, only those persons possessing requisite aptitude and attributes should be appointed on various posts in the Prison Department.

1717. The recruitment of personnel of non- gazetted ranks should be done as per the provisions of notified recruitment rules.

1718. The fundamental requirements for recruitment of the correctional personnel shall be as under,—

(1) Physical fitness.

(2) Capacity for endurance and hard work.

(3) Courage, leadership and trust-

worthiness.

(4) Balanced personality.

(5) Capacity for man management.

(6) Capacity for maintaining and developing constructive and firm discipline.

(7) Interest in human welfare, desire to help and guide inmates; belief in the philosophy of correctional treatment.

1719. Direct entry into prison service should

be restricted to three levels viz.,—

(1) Warders/Matrons.

(2) Assistant Superintendents.

(3) Deputy Superintendent.

1720. Physical fitness and psychological tests should be made essential pre-requisite for direct recruitment at each of the two levels mentioned above.

1721. A directly recruited warder/matron/ officer should not be placed on job until he successfully completes the prescribed basic initial training.

1722. Psychologist, social workers/case- workers and correctional staff should also be recruited directly by the department concerned.

Note: (i) The recommendations with regard to direct recruitment and promotion quota have been made to ensure that deserving persons, with requisite qualification training, experience and professional competence, are available in the service at all levels and that they get at least three promotions during the entire span of their service.

(ii) Promotion to the post of Assistant Superintendent should be done on the basis of the provisions of notified recruitment rules.

(iii) Similarly, the posts of Assistant Superintendent of Prison, Deputy Superintendent of Prison, Additional Superintendent of Prison and Superintendent of Prison should be filled on the basis of the provisions of notified recruitment rules.

(iv) Educational qualifications for various categories of posts should be prescribed in recruitment rules keeping in view job requirements for each post.

(v) Basic initial training, in-service training and refresher courses, prescribed with a view to keep personnel in touch with contemporary development in the field of their work, shall be given weightage.

(vi) The general policy as laid down by the State Government regarding the relaxation of the upper age limit in case of deserving departmental candidates should be followed.

Salary and allowances

1723. Salaries and other employment benefits should not be arbitrarily fixed but should be related to the work to be performed in a modern correctional system, which is complex and arduous and is in the nature of an important social service. The correctional staff should be paid salaries and allowances as per the rules.

Uniform

1724. 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 prison service should be similar to that in the police service.

Service Board

1725. The Government should set up a Service Board under the Chairmanship of the Principal Secretary (Home Department) for a periodic review of all matters pertaining to the service conditions of prison staff.

Probation period

1726. Persons appointed to any post in the prison service shall be on probation for two years. Wherever necessary the Appointing Authority may extend the probation period.

1727. On selection, each incumbent shall sign the oath of allegiance as specified (in Appendix-38)

1728. Probation period shall include the period of institutional and practical training and the period during which the probationer will be given an opportunity to display his capacity for wielding responsibility and exercise judgement.

1729. During and at the end of the probation period, the probationer should be872 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 evaluated for extending the period of probation or of confirming, reverting or discharging in incumbent on the following points,—

(1) Physical fitness and capacity for

physical endurance and hard-work.

(2) Courage and leadership.

(3) Interest evinced in work.

(4) Efficiency.

(5) Attitude towards the public, senior personnel, colleagues, subordinates and inmates.

(6) Capacity for correctional work.

(7) Character and integrity.

Appointment

1730. On the successful completion of training, and after the probationer has been tried and tested through a phased programme of assigning responsibilities, his initial appointment and posting orders should be issued.

1731. As and when appointments are made on purely temporary basis, they should be made under specific orders.

Confirmation

1732. There should be a system of depar tmental examinations for various categories of staff for the purpose of confirmation. These examinations should be organized to suit each cadre. The Government should fix details of such examinations.

1733. For being confirmed in service, the probationer should fulfil the following conditions,—

(1) Passing evaluation tests prescribed

under Rule 1729.

(2) Various examinations during the

training period.

(3) Successful completion of the

probationary period.

(4) Passing the Departmental Examinations.

Seniority

1734. Seniority should be fixed on the basis of the date of appointment in the cadre, and date of promotion to a higher cadre in accordance with guidelines issued by the Government. Cadre-wise seniority and gradation lists of the prison personnel should be published annually.

Promotions

1735. Special care should be taken in giving timely promotion to eligible personnel. Efficiency merit, integrity and trustworthiness of every incumbent should be evaluated and reflected in his annual confidential report. The mechanism indicated under the caption 'Recruitment and Selections' in this chapter should be followed while giving promotions to the personnel in the respective cadre. Incumbents who qualify for higher jobs should be listed in accordance with merit in the eligibility lists for promotions. Promotions to the higher cadres should be as notified by the Government from time to time.

Transfer

1736. The minimum tenure of non-gazetted and gazetted staff, at one station, should be five years and three years, respectively.

1737. While deciding on transfers, factors

like,—

(1) needs of the depar tment and the

institution,

(2) suitability of the incumbent to the post

to which he is being transferred, and

(3) reasonable needs of the government servant such as availability of educational facilities for his children, domestic difficulties of a special nature, etc. should be considered.

Hours of work

1738. There should be a well-planned and properly regulated timetable of work hours for every category of personnel. Normally no staff member, including guarding personnel, shall be required to work for more than eight hours a day. There should be a schedule of institutional duty, day duty, night duty, sectional duty, premises duty, off duty, etc. Responsibilities pertaining to premises duty, duty-on holidays, etc. should be clearly873 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 defined. Every incumbent should get 24 hours off-duty once a week.

1739. Guarding personnel should be allowed at least four night's rest each week. As far as possible, duty on consecutive nights should be avoided. Night patrol duty should not exceed two hours at one time. After every such duty, the guard should be given at least two hours of rest. In one night a guard should not be given more than three patrol duties.

Note: (i) The Superintendent of Prison is authorized to make all reasonable adjustments in hours of work.

(ii) In times of emergencies like escapes, riots, assaults, fire, etc., all personnel on the premises, whether off-duty or otherwise, should instantaneously report for duty.

Additional staff during emergencies

1740. In the event of sudden influx of inmates or epidemics, additional staff, according to recruitment rules should be appointed on purely temporary basis.

Facilities while on duty

1741. The following facilities should be

extended to the personnel on duty,—

(1) Rest rooms with beds for the use of staff members who are required to wait in the institution between their duty periods.

(2) Staff canteen.

(3) Bathrooms, lavatories and WCs.

(4) Lockers.

(5) First-aid boxes including necessary equipment for snakebites, at remote duty points/prison farms/outposts, etc.

(6) Torches and boots for night duty

personnel.

(7) Raincoats, umbrellas, overcoats,

gumboots, etc.

Holidays

1742. Holidays shall be obser ved in accordance with the local customs and as specified by the State Government.

1743. Those who work on holidays should be allowed additional off-days with the approval of the competent authority or extra pay in lieu of work on holidays as provided under Rule 56.

Housing

1744. Rent free residential accommodation for all prison personnel should be provided in the prison campus.

1745. Housing for prison staff should be developed on modern lines with adequate community services and facilities.

1746. Each institution should have provisions for lodging officials, guests, and other visitors, visiting the institutions.

1747. Prison personnel who are entitled 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.

1748. The following facilities should also be extended to staff quarters and premises,—

(1) Periodical disinfection.

(2) Conservancy and sanitation services in

staff quarters.

(3) Maintenance of parks and other utilities

on the premises.

Medical facilities

1749. The Same medical facilities should be extended to the prison staff and their families as admissible to other Government employees.

Educational facilities

1750. The following educational facilities for the benefit of children of prison personnel should be extended,—

(1) Schools near the institutional premises,

if not available within a distance of 5 km.

(2) A school bus for children of the staff in institutions situated at a distance from the city if any other transport is not available.

(3) Hostel accommodation for children of transferred and other staff members, in institutional premises.

Miscellaneous facilities

1751. In case an institution is located at a distance from the city or town, the administration shall make necessary arrangements for the housing of staff members within the prison premises.

1752. Medical facilities should be provided in cases of medical emergencies and sickness.

1753. Mess for unmarried staff members if

staff quarters are not available.

1754. Use of institutional transport on

payment at the time of transfer.

1755. Leave travel concession to all categories of prison personnel to their home town or village once in two years, along with their family members. Such concession should also be given to all staff members to travel anywhere in India once in four years.

1756. Sports facilities, annual sports meets, and travelling allowance incidental to the above.

Rewards

1757. Prison Personnel who have been awarded medals by the Government of India in recognition of acts of gallantry and meritorious and distinguished services should be given proper publicity and highlighted through the media in public and among the staff.

1758. The Government of India should institute medals for rewarding prison personnel in recognition of acts of gallantry and meritorious and distinguished services. All good work done by prison personnel should be given proper publicity and highlighted through the media.

1759. The Inspector General/Additional Inspector General of Prisons and the heads of institutions should have powers to sanction suitable cash rewards to deserving staff members in appreciation of outstanding work and special services such as capture of escaped prisoners, exhibition of high degree of courage, loyalty and trustworthiness, devotion to duty and initiative and resourcefulness during times of emergency, and other meritorious services. For this purpose adequate funds should be made in the annual budget of the department.

Financial assistance and compensation

1760. In the event of prison personnel suffering serious injury and accident in the discharge of their duties, the Inspector General of Prisons may sanction immediate financial assistance up to Rs. 25,000/-. In deserving cases, where assistance beyond this limit is necessary, the Inspector General of Prisons should refer the matter to the Government.

1761. In case of death of prison personnel in lawful discharge of his duties, appropriate compensation should be paid to survivors in his/her family as prescribed by the Government from time to time.

Protection from damages

1762. While bonafide discharge of duties by the prison personnel, if any threat has been received from the prisoner or from any corner then the matter be reported to the Inspector General of Prisons who shall make the arrangements for protection of the said prison personnel and shall take the requisite action in the matter.

1763. Necessary facilities at government cost should be extended to staff members to defend themselves in the event of criminal prosecution/civil proceedings arising out of bona-fide discharge of official duties. Legitimate protection should be extended to personnel in matters related with recovery of damages for bonafide delays, errors of judgement and false allegations.

Pension

1764. All pension formalities should be completed fairly in advance of the date of superannuation of a prison officer. Delays in completion of pension papers should be avoided in all cases.

Staff meetings

1765. The Superintendent shall convene a monthly meeting of the institutional staff875 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 members. The objectives of this meeting should be,—

(1) Co-ordination in institutional activities.

(2) To improve methods of work.

(3) To interpret governmental policies to

staff members.

(4) To explain new procedures, rules and regulation and policies regarding inmate discipline, treatment of prisoners and institutional management.

(5) To explain policies relating to personnel management, staff discipline and morale in the staff lines.

(6) To explain welfare programmes chalked

out by the Staff Welfare Committee.

(7) To give opportunities to staff members

to discuss their common problems.

(8) To communicate appreciation of good

work as and when necessary.

(9) To reward staff members as and when

necessary.

1766. Minutes of the proceedings of the meeting should be recorded and a copy of it should be for warded to the Inspector General/Deputy Inspector General of Prisons (Range) with the remarks of the Superintendent.

Conference

1767. Conferences of departmental personnel should be held annually. The objective of such conferences should be,—

(1) To take stock of achievements.

(2) To evaluate current procedures,

practices and methods of the organization.

(3) To plan for future development of the

department.

(4) To understand staff problems and staff

aspirations.

(5) To promote best practices in custodial

management.

1768. Minutes of the conferences should be recorded and the Inspector General should forward the same to the government, along with his suggestions and appropriate proposals. Action taken on these minutes and proposals should be communicated to the institutional personnel by the Prison Headquarter.

Staff training

1769. Correctional Administration shall constantly seek to awaken and maintain in the minds of the personnel the conviction that correctional work is a social service of great importance, and to this end all appropriate means should be used.

1770. Training programmes should aim

at,—

(1) Acquainting correctional personnel with scientific and progressive methods of Correctional Administration.

(2) Making them conscious of their responsibilities, and the role they have to play in a Welfare State.

(3) Broadening their cultural and professional interests, expanding their experience, refining their abilities and skills, improving their performance of administrative duties and providing them with experience to meet future needs of the department in positions of higher responsibility.

(4) Inculcating an esprit-de-corps

amongst the correctional personnel.

1771. Correctional personnel should be properly trained in the theory and practice of correctional work. After entering the service and during their career, the personnel shall maintain and improve their knowledge and professional capacity by attending various training programmes, and through their own individual efforts.

1772. Correctional personnel shall be given special training in P.T., drill, unarmed combat, cane drill and mob-dispersal drill to enable them to restrain aggressive prisoners by the means prescribed by the authorities in accordance with the relevant Rules and regulations. Prison personnel shall be trained in use of arms and instructed in the regulations governing their use.

1773. Training shall be a continuous process. The initial basic training imparted at the training school shall be continued at the correctional institutions. Suitable training programmes should be organized so that the institutional personnel are in constant touch with current development in the field of corrections.

1774. All new recruits to the Prison Department, whether inducted as security, custodial, executive, treatment or supervisory staff should be imparted basic training of sufficient duration appropriate to their job requirements.

1775. All officers and staff taken on deputation from other departments should be given a short orientation course for at least one week with regard to the functioning of the Prison Department.

1776. No prison personnel shall discharge any official duty without completion of basic training. Adequate training reserve should be provided in each cadre of the prison and correctional service so that in-service training can be organized for them. The number of such staff can be assessed in the State as per local requirement.

Training institutes

1777. Training of staff should be taken up at three levels: State, Regional, and National,—

(1) For training of security and ministerial staff, a training school should be set up in the State by the State Government. The State Training School shall be provided the requisite supervising staff and other officers. The above school shall also formulate a wing of Research & Development for the prison department.

(2) Special training session should be organized for the staff dealing with senior citizens, differently abled prisoners and mental health prisoners.

Functions

1778. The functions of a training school will

be,—

(1) Training;

(2) Research;

(3) Studies on Organization and methods;

and

(4) Publication of pamphlets, papers, hand

books, Correctional Service Journals.

1779. Only qualified persons with an aptitude for training and teaching should be posted at these institutions.

1780. Directors of State Institutes of Correctional Administration should be from the prisons and Correctional Service and should be of the rank of Additional Inspector General of Prisons. Principals of State level training schools should be of the rank of Superintendent of Central Prisons.

1781. Experts invited to deliver lectures at the training institutes should be provided with a set of guidelines about the content of training. Permanent academic staff of the training institutes should also be oriented to the training requirements of various aspects of correctional work. Teaching facilities and faculty at the training schools of other states, universities and schools of social sciences should be utilized for training purposes. The visiting lecturers should be paid suitable honorarium and travelling allowances.

1782. Details of syllabi, course content, methods of examination and the mode of awarding certificates/diplomas on successful completion of training, should be evolved by the training institutions at various levels. These matters should be reviewed once every three years.

1783. Proper literature should be prepared for meeting the training needs of various categories of personnel of the Department of Prisons and Correctional Services.

Training courses

1784. Training courses for correctional services should be organized on the basis of training needs analysis to be conducted by the experts in this field. The following training courses should be organized at the training institutes,—

(1) On recruitment, all correctional officers i.e. Superintendent Grade, Assistant Superintendent and warder shall undergo an initial basic training course which will be phased as shown below,—

(a) Initial basic training at the training

school/institute for one year.

(b) After the successful completion of basic in training the trainee officers should be posted for duration of six months for practical training in various branches of institutional management at a Central Prison.

(c) On completion of practical training, the trainee officers should be given independent charge of the post for which they have been recruited, for a period of six months.

(2) Serving officers, who have had no opportunity to get the initial training as stated in sub-rule (a), shall undergo a training course for three months. For such officers, placement for practical training and holding of independent charge as stated in sub-rules (b) and (c) will not be necessary.

(3) Serving Superintendents, Deputy Superintendent, Assistant Superintendent, and other correctional officers of all grades should undergo refresher courses of one month duration once in every five years.

(4) Vertical Interaction Courses (thematic)

for prison officers.

(5) Short-term courses on various aspects of Correctional Administration and Treatment of Offenders.

(6) All newly recruited and untrained serving warders shall undergo an initial basic training course for six months. During this period they should be given practical training in every aspect of institutional management.

(7) Refresher courses of two months duration for custodial/security personnel. It should be obligatory for them to undergo such training once in every five years.

(8) The Inspector General of Prisons and Director of Correctional Ser vices should prepare a panel of officers having special merit and capabilities for attending conferences and special training courses, within the country and abroad.

(9) The State Training Institute in coordination with the Bureau of Police Research and Development should organize regional meetings/conferences of Inspectors General of Prisons and other senior officers of the Department of Prisons and Correctional Services at regular intervals.

(10) Study teams of senior officers should be deputed to visit other States in the country. Such teams may also visit countries where innovative correctional programmes and practices have been successfully introduced. Officers with outstanding performance in the department should be given preference for such visits.

Facilities during training

1785. The following facilities should be extended to personnel undergoing training,—

(1) Full pay for newly recruited personnel.

(2) Usual emoluments for in-service

personnel.

(3) Training allowance for in-service

personnel.

(4) Rent-free quarters.

(5) Mess arrangements.

(6) Free medical aid.

(7) T.A. and D.A. facilities for travel

incidental to training.

(8) Grant for purchase of books.

(9) Study leave for going abroad, or to

another State, for training.

(10) Periods of training should be counted

as on duty for all purposes.

Discipline

1786. The Inspector General of Prisons in consultation with head of training institution should frame necessary rules regarding discipline and will be authorized to take878 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 disciplinary action in the event of breach of discipline.

1787. The trainees shall wear the prescribed uniform during the training period.

Tests and examinations

1788. The Director/Principal should fix details about examinations and tests. Trainees of all cadres shall be required to pass the prescribed examinations and tests. In case a trainee fails to reach the required standards during a training course, the Head of the Training Institution will forward a report to the Inspector General for suitable action. Failure to pass the examination and to complete the training courses satisfactorily will make the trainee liable for such disciplinary action as the Inspector General may think fit. In case of newly recruited personnel, such failure may result in discharge from service.

1789. The evaluation of a trainee should be made on the basis of his total performance in all the tests and examinations. The trainees should be evaluated in respect of the following, amongst other points,—

(1) Turn-out and discipline.

(2) Capacity for hard work and physical

endurance.

(3) Per formance in each test and

examination.

(4) Special capacities shown during the

training course.

(5) Leadership.

(6) Conduct, integrity and trustworthiness.

Library-journal-recreational facilities

1790. Training schools should have a good library and reading room facilities. Provision for purchase of books and periodicals, should be made in the annual budget of the institution.

1791. A Correctional Services Journal should be published by the training schools.

1782. Recreational facilities should be

organized.

1793. A museum showing the historical development of prison administration and other aspects of institutional management should be set up at the training schools.

Continuation of training at the place of

work

1794. The following training facilities should

be organised at the institutions,—

(1) Interpretation of policy by senior officers

from the Headquarters during visits.

(2) Library and reading room facilities for

staff members.

(3) Lectures by professors from the universities and schools of social work on subjects related to correctional work.

(4) Fortnightly talk on correctional methods

by the Superintendent or any other officer.

(5) Reading of papers, case histories, etc.,

by institutional staff members.

(6) Monthly discussions on improvement in administrative procedures, methods and organisation, etc.

1795. In order to keep the officers in good shape, the training given at the training school in drill, parades, musketry, unarmed combat, cane-drill and mob-dispersal drill should be continued at the institution also. Particular attention should be paid to games. Efforts should be made to instil interest and enthusiasm in the personnel by the introduction of new items and methods of training. Opportunities should be provided to stimulate initiative, intelligence, independent judgement and resourcefulness among the personnel.

1796. Subject to general or specific orders, which may be issued in this behalf by the Inspector General of Prisons, the training programme should consist of physical exercises, squad drill, weapon training, bayonet fighting, ceremonial parade, unarmed combat, baton and cane drill, mob- dispersal, obstacle course, inspection of guard and sentry duties, saluting, kit inspection and emergency drill.

1797. Musketry practice for officers and guarding personnel shall be held once every six months. All security measures shall be adopted on such occasions. An officer well versed in all these matters shall be made in charge of such training. Wherever required, necessary assistance may be obtained from the local police authorities.

1798. Assistant Superintendents should do physical training and drill at least twice a week. They shall participate in the weekly parades.

1799. The following training programmes should be conducted for the guarding personnel,—

(1) Physical training and drill for 45 minutes

a day, four days a week.

(2) Instruction in rules, procedures, etc., once a week to be given by an Assistant Superintendent or a senior member of the guarding personnel.

(3) Practice in preventing and controlling

emergency situations once a month.

(4) Games like cricket, hockey, volleyball, basketball, may be organized in accordance with available facilities at each institution.

1800. The Superintendent shall send the following reports to the Inspector General of Prisons,—

(1) Monthly report about training in P.T. drill, lectures, discussions, emergency practice, etc.

(2) Six monthly repor t on musketr y

practice.

Staff Welfare Committee

1801. There should be a Staff Welfare Committee at each Institution consisting representatives of executive, technical, ministerial and guarding/custodial personnel. The Superintendent shall be the ex-officio chairman of the committee. The Staff Welfare Committee shall meet at least once a month. Minutes of its meetings should be recorded.

1802. Central Welfare Committee.— (1) There shall also be a Central Welfare Committee in the Inspector General's office with the Inspector General of Prisons as its President and the following as its members:

(a) Additional Inspector General of

Prisons - Vice President

(b) All Range Deputy Inspector Generals.

(c) Head of the Training Institute, Prison

Officers Training School.

(d) Superintendent of the prison located

at the Department's Headquarters.

(e) Employee's Welfare Association.

(2) The Central Welfare Committee shall meet once in a quarter. Minutes of the meetings should be recorded.

Functions

1803. The functions of the Welfare

Committee shall be,—

(1) To chalk out a programme for staff

welfare.

(2) To build a welfare fund.

(3) To prepare an annual budget for the

utilization of the welfare fund.

(4) To run a staff canteen.

(5) To organize a Cooperative Credit Society and a multipurpose cooperative shop for the institutional staff.

(6) To impress upon the staff members the necessity of programmes of postal savings, small saving schemes, postal insurance, Janata Insurance policy, etc.

(7) To supervise the maintenance of the welfare fund, its accounts, and to get them audited annually.

(8) To prepare an annual report about

welfare work.

(9) To advice the Central Committee

regarding the utilization of the fund.

Welfare Fund

1804. A welfare fund shall be created at each institution for providing amenities to staff members and their families. The fund shall be developed from the following880 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 sources,— (1) Monthly subscriptions from staff members.

(2) Voluntary donations subject to rules

framed by the Government.

(3) Interest accruing from investments.

(4) Benefit per formances by artists,

theatrical parties, cinema, etc.

(5) Donations from a Co-operative Credit

Society.

(6) Profits from of the co-operative shop.

(7) Subsidies from the Government.

Welfare Unit

1805. In large institutions there should be a separate staff unit which should attend to all aspects of welfare work such as staff canteen, co-operative society, etc.

Welfare benefits

1806. The following benefits should be provided to the personnel out of the welfare fund.—

(1) Relief in the case of sudden illness.

(2) Medical aid where more than ordinary medical help is required and which is beyond the economic capacity of the staff member.

(3) Aid for the education of children of the

staff.

(4) Facilities to family members of the staff for running cottage industries and handicrafts like sewing, spinning, manufacture of matches, etc.

(5) Reservation of seats in hostels and educational institutions for children of staff members.

(6) Staff canteen.

(7) Recreational and cultural activities.

(8) Staff club.

(9) Staff libraries.

(10) Staff sports, institutional and inter-

institutional fixtures, etc.

1807. A proper forum should be provided at the institutional and the State level for prison personnel to ventilate their grievances common to the entire service/cadre and to hold meaningful discussions for their redressal.

Note: Detailed guidelines in this regard shall be issued by Inspector General of Prisons with prior approval of the Government.

CHAPTER-XXXII

Prison Records & Computerization

Registers, returns, accounts and office

procedure

Records to be kept by the Superintendent

1808. The Superintendent shall keep, or cause to be kept, the following records.— (1) A register of prisoners admitted;

(2) A book showing when each prisoner is

to be released;

(3) A punishment book for the entry of the punishment inflicted on prisoner for prison offences;

(4) A visitor's book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison;

(5) Record of the money and other articles taken from prisoners; and all such other records as may be prescribed by rules under section 59 of the Prisons Act 1894.

(6) Nominal Roll of the prisoner in the form

as specified in Appendix-25.

Register of prisoners admitted and record

of property

1809. The register of prisoners admitted shall be maintained in the three parts namely.— (1) Register of undertrial prisoners;

(2) Register of convicted prisoners;

(3) Register of civil prisoners or detenue

Note: The record of money and other property taken from prisoner shall be kept in appropriate columns of the registers referred above, in addition to prisoner Property Account.

List of Registers

1810. The following registers shall be maintained in each prison:-

Register No.

Particulars of Register

1

2

1 Register of Undertrial Prisoners Admission & Release

2 Medical Examination Register of all prisoners

3 Register of Convicts (Admission & Release)

4 Register of Civil Prisoners (Admission & Release)

5 Register of Detenues (Admission & Release)

6 Register of Probable Date of Release in r/o Convicts & Civil Prisoners (Release Diary) 7 Register of Punishment awarded to prisoner for committing Jail Offence

8 Register of Remarks/Comments of Visitors

9 Register for the entry of the names of all visitors for Mulakat/interview

10 Medical Officer's Journal

11 Superintendent's Journal

12 Deputy Superintendent Report Book

13 Hospital Register

14 Lock-up & Lock-out Register of the prison

15 Register of Persons passed in or out of the gate

16 Register of articles passed in or out of the gate

17 Alphabetical register separately in respect of convicted and undertrial prisoners 18 Labour Distribution Register

19 Register of letters received

20 Register of letters dispatched

21 Daily OPD Register in Hospital

22 Daily Register of patient convalescent on diet

23 Daily Diet Register

24 Clothing Godown Stock-Book

25 Inventory of Miscellaneous Property

26 Ammunition Register

27 Register of receipt and issue of raw material

28 Stock register of raw materials in process of manufacture

29 Register showing raw materials in process of manufacture

30 Stock register of manufactured articles

31 Stores and sale book of manufactured articles

32 Manufactory order book

33 Indexed Bill book

34 Register showing outstanding balances

35 Stock register of materials

36 Ledger (factory)

37 Sales Day Book882 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 1

2

38 Journal (factory)

39 Purchase Order Book

40 Register of Daily Receipts

41 Stores ledger

42 Warder's Day Duty Register

43 Warder's Night Duty Register

44 Duty Officer's Report Book

45 Register of out-patients

46 Register of daily Admission and Release of Prisoners

47 Register of Production of prisoner in Courts

48 Register of Barrack-bandi

49 Register of prisoner's Release on Parole/Furlough and on Interim Bail

50 Register of Orderly Room

51 Attendance Register of Labour

52 Court Diary of UT & CT Office

53 Movement Register of prisoners for outside Jail at Main Gate

54 Control Register at Control Room

55 PWD Complaint Register

56 Gadgets and Electronic Equipment (Working/Non-working Register)

57 Death Register

58 Parole/Interim Bail Jump Register

59 Key-Register

60 Central Dak & Dispatch Register

61 Separate Dak & Dispatch Register at UT & CT Office

62 Parole Register

63 Furlough Register

64 Pre-mature release Register

65 Semi Open/Open Jail Admission Register

Note: All registers to be retained till Audit is complete even though the retention period is over.

Form of registers

1811. The forms of and the particular to be recorded in the some of the registers has been specified in the preceding rule to be followed. The forms and particulars of the other registers to be specified by the Inspector General of Prisons.

1812. The forms, particulars & the periodicity of all the registers shall be scrutinized, specified and determined by the Inspector General of Prisons from time to time.

1813. Provided that every register now in use shall continue to be maintained in its present form until the Inspector General supersedes the same, by a direction given under this rule.

1814. The Inspector General shall issue detailed instructions for keeping the registers.

1815. In addition to the registers prescribed above, the Inspector General may, at any time, direct additional registers to be maintained.

Returns and Reports

1816. The Government, by an order, may specify the returns and reports required to be submitted by the prison administration to the Government, and may also indicate their periodicity as well as the authorities to which the returns and reports are to be submitted.

1817. In addition to the above, the Inspector General by an order may specify the returns and reports to be submitted by the prison and also indicate their periodicity.

Time of submission of returns & reports

1818. The Superintendent shall be responsible for ensuring the timely submission of the returns and reports relating to the prison.

1819. The responsibility for timely submission of returns and reports to the Government shall lie with the Inspector General.

Accounts and office procedure

1820. In matters where no specific provision is made in these rule, the rules and instructions applicable to Government Department shall apply.

1821. In matters relating to finance and accounts, provisions contained in General Financial Rules, Treasur y Rules, and instructions issued by the State Government, from time to time, shall apply.

1822. In matters relating to office procedure, the provisions contained in Office Procedure Manual, prescribed by the Government of India, and the instructions issued by the State Government, from time to time, shall apply.

1823. The Inspector General of Prisons, for efficient functioning and management of prison, may, from time to time, issue instructions regarding office procedure consistent with the instructions of the Government.

Medical administration

1824. In the matter of medical administration, rules and instructions as applicable to Government Hospitals/ dispensaries shall be followed.

Powers of Inspector General to issue

instructions

1825. The Inspector General may, in the interest of efficient functioning and management of prisons, from time to time, issue instructions consistent with these rules and instructions of the Government.

1826. The entire prison administration shall be computerized so that database can be accessed easily and managed more efficiently. This is also part of mandate of the Integrated Criminal Justice System (ICJS) which seeks to interlink prisons, courts and the police stations as a triad. This would enable integrated date sharing with the police and the cour ts enabling efficient and comprehensive tracking of criminals and faster law enforcement responses. There are several stakeholders involved in process of prisons, including the police, courts and external agencies like Hospital, medical authorities etc. and it is extremely important to develop suitable interfaces that can help in seamless sharing of information amongst different agencies.

Note-I: The major challenges faced by prisons' administration presently in performing their mandated activities effectively and efficiently are:

(i) Unavailability of real time information at

central level;

(ii) Non-centralized information repository of

prisoners;

(iii) Improper tracking of prisoner activities;

(iv) Inadequate interaction with various

stakeholder agencies;

(v) Improper data analysis;

(vi) Multiple standalone IT systems available

at majority of prisons;

(vii) Inadequate tracking of prisoner out on

parole/furlough;

(viii) Lack of efficient alarm system in case of

undertrials covered under 436/436A;

(ix) Inadequate information system pertaining to release of prisoner once completion of sentence.

Note-II: Computerization be done to enable Prisons Department to have the following core facilities for having a unified date sharing platform:

(i) A comprehensive web based prison software with interlinkage with Courts and Police stations;

(ii) Integrated data sharing with courts and police as per a tentative matrix given in Appendix-39;

(iii) Comprehensive video conference facilities;

(iv) Biometric access for in and out movement

of inmates;

(v) State level training labs for induction and

refresher training course;

(vi) Touch screen kiosks at the prisons for

inmates to access their case details.

Note-III: The following outcomes are expected after successful implementation of prison computerization:

(i) Seamless and integrated flow of information across all the Prisons and Police Department, Ministry of Home Affairs (MHA) thereby enabling real time availability of information that is easy to search and quick retrieval of prisoner information from a centralized database of prisoners.

(ii) Availability of Dashboards/Statistical reports/MIS reports for senior level officers with information such as Probable Date of Release (PDR), prison occupancy, prisoner availing Parole/ Furlough etc.

(iii) Complete record of prisoner' activities such as bail, escape, fine payment, incident punishment, prisoner income, court appeals, court production, remission, remand, wages, work allocation, release and transfer etc.

(iv) Workflow based solution for approval processes like Parole/Furlough and real time reflection of the same in the system.

(v) Automatic PDR (Probable Date of Release) calculation thus ensuring no delays in release of prisoners without the need for manual validation.

(vi) Better visitor management procedure thus helps officials in managing visitors, keeping a track of the number of visitors for a particular prisoner, frequency of visit, etc.

(vii) Creation of a Centralized prisoner Registry that can be accessed by Police Department and other key Law Enforcement Agencies for verification and validation purposes of individuals through Data Digitization of records.

Note-IV: Implementation of ICJS is a key component that has to be achieved in the revamped Crime and Criminal Tracking Network System (CCTNS) project. It comprises the following components:

(i) Roll out of prisons software in all the States;

(ii) Assessment based provisioning hardware

and network for prisons;

(iii) Provisioning of hardware for prosecution

offices and forensic labs;

(iv) Development of modules for forensic

laboratories & Prosecution offices;

(v) Integration of CCTNS with all these

applications.

For successful implementation of centralized prisons management system, provisioning of office hardware and adequate network connectivity at each prison is required. The roll out of software application and its sustainability is dependent on the availability of requisite office hardware and network connectivity at each State prison.

Note- V: As part of the ICJS implementation, all components of ICJS i.e. prisons, courts, police stations, prosecution offices and forensic laboratories need to share data as per the data sharing matrix given in the Appendix-39. This data sharing matrix has been approved by Committee headed by Justice Mr. Madan B. Lokur of the Supreme Court of India.

CHAPTER-XXXIII

Release of Prisoners

No unauthorized detention

1827. The Superintendent shall ensure that no prisoner is detained in the prison for any duration more than authorized custody ordered by the court.

Examination of warrants

1828. The warrants of all convicts, whose release becomes due in any month, shall be examined to ascertain their correctness, on the 15th day of the preceding month.

1829. The prisoner due for release shall be dealt as follows.— (1) All prisoners shall be released by the Deputy Superintendent.

(2) In case of convicted prisoners, the remission sheet should be signed by the Superintendent before the remission is given effect by the Deputy Superintendent while releasing the prisoners.

(3) On the day of release, the convicted prisoner's state of health and weight shall be recorded by the Medical Officer in the convict register and the convict's personal marks of identification shall be duly verified by the Deputy Superintendent.

(4) The Deputy Superintendent shall compare the entries in the warrant with those in the register, and shall satisfy himself that they match and that the sentence passed on the prisoner has been duly executed. He shall, then, sign the endorsement for release on the warrant, certifying to the execution of the sentence and the date of release and shall affix initials together with the date in the proper column of the convict register. This shall also be notified to the concerned court about the manner sentence has been executed. The Deputy Superintendent shall record the address/place at which the convict intends to reside, after his release.

(5) The Deputy Superintendent shall satisfy himself about the genuineness of the release warrant by comparing all the particulars in the release warrant with those entered in the admission register/custody warrant. Seal of the court and full signatures of the presiding officer must be checked before release. Release orders and bail bonds should be sent through post or through the peon of the court. If any private person brings such documents, the same should not be accepted at the prison office. On receipt of a bail bond or release order prompt action should be taken. An undertrial prisoner should be released on the same day of the receipt of the bail bond or release order.

(6) In case of a release on appeal, payment of fine, furnishing surety, furnishing bail, etc. in which the power of legal detention ceases as soon as the order of the court is delivered at the prison, the Deputy Superintendent shall immediately release the prisoner.

(7) The case of undue delay in release of ever y prisoner shall be repor ted to the Inspector General by the Superintendent. An enquiry shall invariably be held in every such non-release of prisoner and responsibility fixed for over detention of the prisoner. It should be ensured that personal liberty of a prisoner is respected and any violation should be viewed very seriously.

Warrant of release of a prisoner transferred

1830. On receipt of a warrant for the release of a prisoner, who has been transferred to another prison outside the State of Goa, such warrant shall be returned back to the court concerned with the details about the prison to which the prisoner has been transferred.

Time of release of prisoners

1831. The time of release of prisoners should be dealt as.— (1) No prisoner shall be released after the hour of lock-up for the night and before lock-out, on any day.

(2) Every prisoner, whose release has been ordered by a competent court, on any day, shall be released on the same day.

(3) Every prisoner whose release has been ordered by a competent court, on any day, and whose order of release has been received by 7:00 p.m. shall be released on the same day.

(4) If the order is received after 7:00 p.m. the prisoner shall be released, as soon as possible, on the next day after lock-out.

Prisoner to return his prison outfit on

release

1832. Every prisoner is required to return bedding, clothing and other articles, he has been issued, at the time of his release.

Date of release falls on prison holiday

1833. If the date, on which any prisoner would be entitled to be released, falls on a prison holiday, such prisoner shall be released a day earlier;

Provided that this rule shall not apply to:

(a) Civil Prisoners;

(b) Prisoners sentenced to two days'

imprisonment;

(c) Prisoners undergoing sentence in

default of payment of fine; and

(d) In case of two or more holidays in succession, such prisoners shall be entitled to the benefit of one holiday only.

Release on authenticated information

1834. No prisoner shall be released on the authority of a telegram or fax message or e-mail unless this has been certified by the concerned court or competent authority or it is counter confirmed through Government wireless network.

Prisoner on release to be furnished

certificate

1835. A prisoner sentenced to imprisonment shall be furnished, on his request, at the time of his release, a certificate, signed by the Deputy Superintendent, to the effect that he has completed his term of imprisonment, the amount of remission, if any, being stated therein. A repor t on his character, conduct in prison and proficiency in any prison industry attained by him shall also be included in the certificate. Similar cer tificate can also be issued to other prisoners, if they so request.

1836. The return of a prisoner's property on release.— (1) At the time of releasing a prisoner, the Superintendent shall deliver, or cause to be delivered to him, all money and other property if any belonging to him. An acknowledgment of the receipt of the money and other property (if any), shall, if the prisoner can write, be taken from him in the specified Appendix-2, 3 and 4, as the case may be. If the prisoner cannot write, he shall be called upon to state, whether he has or has not received all money and the property belonging to him and, if not, what articles, or their value, have not been delivered to him. If any part of a prisoner's money or other property is not delivered to him, a note of the fact shall be made, opposite the item not delivered, in the list attached to his warrant and the Superintendent shall decide whether any and, if so, what compensation is to be granted to the prisoner in respect thereof and shall pay such compensation or cause it to be paid to him, accordingly.

(2) The compensation for money or other property lost, while in the custody of any officer of the prison, shall be paid at the expense of the officer responsible for such loss.

Conditions under which clothing may be

supplied to a prisoner

1837. Every prisoner whose clothing has been destroyed or is in sufficient for purpose of health or decency, shall, upon release, be supplied, at the expense of the Government, with such clothing as the Superintendent may consider necessary and suitable.

Subsistence allowance and conveyance

allowance

1838. The subsistence allowance and conveyance allowance shall be as follows.— (1) Every convict whose home is situated more than five kilometers from the prison from which he is released, and who is not in possession of more than ten rupees, shall, at the time of his release, be provided with subsistence allowance at the rate decided by the Inspector General of Prisons in respect of every day's or part of a day's journey by rail or by bus or any other public transport to his home.

(2) Every released convict whose home is near any railway station and is situated more than five kilometers from the prison of release or from the nearest railway station shall be entitled to;

(a) A free Railway pass of ordinary class to the nearest Railway Station to his home;

(b) Conveyance allowance, equivalent to the actual bus fare or other public transport to reach his home;

(c) All allowances granted under this rule to any convict, upon his release, shall be paid to him in the presence of the Superintendent; and887 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (d) In case the home is partly connected with rail and partly with bus or other public transport, actual fare from last railway station to his home may be paid.

Note: The above facilities may be extended to the undertrial prisoner who do not have any visitations or not in possession of money, to enable him to reach his home.

Release on direction of court

1839. If the warrant of a court directs that the prisoner shall be released on bail or on his own personal bond and there is intimation in writing that such bail or bond has been duly furnished, such prisoner shall be set at liberty, in accordance with the terms thereof, by the prison authorities.

1840. In case of a prisoner whose personal bond has been sent to the prison authorities, by the court, for execution, the bond shall begot duly executed from the prisoner and attested by the Deputy Superintendent. The prisoner, thereafter, shall be set at liberty by the prison authorities and the personal bond shall be sent back to the court concerned for record.

1841. If the court directs that a prisoner shall be released on furnished bond and surety to the satisfaction of the Superintendent of Prison, the surety and the bond should be drawn up on the office of the Superintendent, accepted by the Superintendent, and the prisoner shall be set at liberty. The surety and personal bond shall be returned to the court concerned.

1842. Return of warrant and action when there are two or more warrants.— (1) On the release of a prisoner, upon the expiry of his sentence or on bail, his warrant shall be returned to the court which (and not, by name, to the officer who) issued it, with an endorsement showing the date and cause of release, and the date on which the warrant is returned.

(2) The warrant of every prisoner, who dies in prison, shall be returned to the concerned court.

(3) If any prisoner is required to undergo two or more sentences under separate warrants, each such warrant shall be returned as soon as the sentence, to which it relates, has been executed.

(4) Warrants of commitment of prisoners, sentenced by Court Martial, should be sent to the officer of Commanding Unit after the sentence has been executed.

(5) Warrants of commitment of escaped prisoners, who have not been recaptured, shall be returned to the convicting courts after a period of ten years from the date of escape.

Return of warrant where a prisoner has

been admitted to bail

1843. When a prisoner has been admitted to bail pending the hearing of his appeal, the original warrant of commitment shall be returned by the prison authorities to the court, which issued it, with the request that it be forwarded to the Appellate Court.

1844. In every case in which a sentence is reversed on appeal, the Appellate Court shall return the original warrant, with a copy of its order, to the Court, by which the accused was admitted to bail, with the directions to discharge him.

1845. In every case in which a sentence is modified on appeal, the Appellate Court shall prepare a fresh warrant in the form prescribed under relevant rule and shall forward the same, with the original warrant and with a copy of its order, to the Court, by which the accused was admitted to bail, with directions to take measures to secure his surrender and commitment to prison on the modified warrant.

1846. In every case in which a sentence is confirmed on appeal, the Appellate Court shall return the original warrant, with a copy of its order, to the Court, by which the accused was admitted to bail, with directions to take measure to secure his surrender and commitment to prison on the original warrant.

1847. In each of the last above mentioned cases, it shall be the duty of the Court, to which the accused surrenders to his bail, to endorse on the warrant the date of his release on bail and of his subsequent surrender.

Action where a prisoner surrenders to his

bail

1848. If an accused surrenders to his bail in the Appellate Court, such Court, in every case in which the sentence is reversed on appeal, shall discharge him; and in every case in which the sentence is modified or confirmed on appeal, such Cour t shall forward the accused in the charge of a police officer, with the modified or original warrant, with directions to commit him to custody.

Action when a prisoner is directed to be

released by the Court

1849. An accused prisoner, who is directed to be released by a court, inter alia, on acquittal or discharge or where the sentence is reversed in appeal or reduced the period already undergone, the prisoner shall ordinarily be released from the prison gate:

Provided that where the court orders that the accused be set at liberty from the Court itself, he shall be released forthwith.

If prisoner is ill at the time of release

1850. If a prisoner is found to be suffering from serious illness, he shall be dealt as per provisions of Rule 1852 of these rules.

Terminally ill prisoners

1851. The concerned Medical Officer while treating patient prisoner comes to know about any terminally ill prisoner, the case with complete details, shall be forwarded to the Superintendent for further necessary action who in turn shall immediately report to the Inspector General of Prisons, in the prescribed form, with his own recommendations, for submission to the Government for necessary action.

Serious illness of an undertrial prisoner

1852. Whenever the Medical Officer in charge considers that an undertrial prisoner is seriously ill, and that his illness has not been caused or aggravated by the prisoner himself, and that his illness will be aggravated by his further custody, and that the prisoner has a reasonable chance of recovery if released, the Superintendent shall bring the matter to the notice of the court concerned after taking the opinion of the Medical Officer on duty, in order that if the law permits and the court thinks proper, the prisoner may be released on bail.

Action where an undertrial prisoner has been ordered to be released by a local court

1853. If an undertrial prisoner has been ordered to be released by a local court but his warrants of production have been received by the Superintendent from an outside court, the Superintendent shall cause the undertrial prisoner to be produced before such court after getting the approval from the Chief Judicial Magistrate/Judicial Magistrate First Class or the concerned trial court. However, if the warrant has expired as the prisoner could not have been produced in outside courts due to various reasons like some court date in Goa or medical reasons with due information to the said court in question, the approval of the Chief Judicial Magistrate/Judicial Magistrate First Class or the concerned trial court should be sought for his production.

1854. A list of prisoners who have been ordered to be released on bail but not able to furnish surety for more than two months shall be compiled by the Superintendent and sent to the District & Sessions Judge for review and passing of necessary orders.

1855. If a prisoner is not released from the prison despite court orders because of inaccuracy of particulars in the release warrants, the matter should be at once reported to the concerned court for necessary clarification. A monthly statement of such cases shall be submitted to the Principal District and Sessions Judge, of the concerned district for his perusal so that necessary instruction may be issued at his end.

CHAPTER-XXXIV

Civil Prisoners

Confinement of civil prisoners

1856. Ordinarily, the civil prisoners shall be confined in a separate ward/barrack of the prison. Civil prisoners shall form a separate categor y for the purpose of confinement and they shall be segregated from undertrial and convicted prisoners.

Articles to be examined

1857. Every article of any kind whatsoever, at any time supplied for the use of any civil prisoner, shall be delivered to the Deputy Superintendent, or other officer appointed by the Superintendent in that behalf, and shall be examined before it is made over to the prisoner. Any such article may, for any sufficient reason, be withheld by the Superintendent from such prisoner.

Supply of the furniture and appliances

1858. Such ar ticles of furniture and appliances, as are necessary for the use of civil prisoner, shall be supplied by the prison authorities.

Extra diet on medical ground

1859. If any extra articles of diet are advised by the Medical Officer for the civil prisoner, on medical grounds, these shall be provided by the prison administration.

Release on ground of illness

1860. Where a judgment debtor has been committed to the prison, he may be released there from by the Government, on the ground of the existence of any infectious or contagious disease.

1861. A judgment debtor released under this clause may be re-arrested, but the period of his detention in the prison shall not, in the aggregate, exceed that specified under section 58 of the Code of Civil Procedure, 1908.

Employment of civil prisoners

1862. No civil prisoner shall be compelled

to perform labour.

1863. Civil prisoners may, with the permission of the Superintendent, work and follow any trade or profession available subject to such restrictions as Superintendent may impose in the prison.

1864. Civil prisoners using their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction to be determined by the Superintendent for the use of implements and the cost of maintenance.

Visitors

1865. Visitors appointed to a jail established at any place for the confinement of criminal prisoners shall be deemed to be visitors for civil prisoners.

Facilities to Civil prisoners

1866. Civil prisoners may be allowed all facilities in regard to recreation, interview, canteen, library, moral, spiritual, and other welfare activities to which other prisoners are entitled.

Prison discipline

1867. Every civil prisoner shall, in regard to discipline, be subjected to same discipline as applicable to other prisoners.

Subsistence allowance

1868. The Government may fix scales of monthly allowances payable for the subsistence of judgment debtors as required in section 57 of the Code of Civil Procedure, 1908.

Monthly allowance fixed by the Court to

whom to be paid

1869. Where a judgment debtor is committed to a civil prison in execution of a decree, the Court shall fix for his subsistence such monthly allowance as may be entitled to according to the scales fixed by the Government, read with section 57 of the Code890 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 of Civil Procedure, 1908, or where no such scales have been fixed as it considers sufficient with reference to the class to which he belongs (see order XXI, Rule 39 of the Code of Civil Procedure, 1908).

1870. The monthly allowances fixed by the Court be supplied by the party on whose application the judgment-debtor has been arrested by way of monthly payments in advance before the first day of each month.

1871. The first payment shall be made to the proper officer to the Court for such portion of the current month as remains un-expired before the judgment-debtor is committed to civil prison and the subsequent payments (if any) shall be made to the officer in charge of the prison.

1872. Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the Civil Prison shall be deemed to be costs in the suit.

Note 1: The monthly allowance received shall be deposited in the government treasury and the entries shall be properly maintained in the register.

Note 2: If the judgment creditor omits to pay allowance, the prisoner shall be released from the day for which no allowance is made.

CHAPTER-XXXV

Differently Abled Prisoners

1873. Disability for this chapter means.—

(1) Blindness.

(2) Low vision.

(3) Hearing impairment.

(4) Loco motor disability.

(5) Other disability as prescribed by

Government from time to time.

1874. Prisoners with Disability mean a person with disability who is an undertrial or convicted of an offence or civil prisoner or detenue or any other class of prisoner and confined in a prison for the time being;

Admission and maintenance of records

1875. Upon admission the Medical Officer in charge shall examine the prisoner having any disability and recommend or prescribe the living conditions and sleeping arrangements of such prisoner, or any other aids, help, support, medicines required by him.

1876. The Superintendent shall maintain records of the prisoners with disabilities and enter all the necessary information regarding their disability on the history ticket. This would help in case the prisoner moves to some other prison.

Facilities & protection

1877. The Superintendent shall ensure that the sleeping, toilet and other facilities provided to the prisoners with disability are in accordance with those prescribed by the Medical Officer-in-charge.

1878. The Superintendent shall take all measures to protect prisoners with disabilities from being subjected to tor ture, cruel, inhuman or degrading treatment.

1879. They shall also take measures to protect prisoners with disabilities from all forms of abuse, violence and exploitation and to prevent the same and shall.— (1) Take cognizance of incidents of abuse, violence and exploitation and take necessary action against such incidents;

(2) Take immediate steps to stop or prevent

occurrence of such incidents;

(3) Take step measures to rescue, protect

and rehabilitate victims of such incidents;

(4) Create awareness amongst the prison

staff and the inmates;

(5) To consider to provide protective custody to the prisoner with disability, if required.

1880. Any prisoner or a warder or any person inside the prison or a registered organization, or any person or a family member or relative of a prisoner who or which has reasons to believe that an act of abuse, violence or exploitation has been, or is being, or is likely to be committed against any person with disability, may inform891 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 immediately to the superintendent of the prison about such incident.

Education, recreation and skill development

1881. The Superintendent shall without discrimination provide education and oppor tunities for spor ts and recreation activities equally with others.

1882. The Superintendent shall provide necessar y suppor t individualized or otherwise in environments that maximize academic and social development consistent with the goal of full inclusion.

1883. The Superintendent shall ensure that the education to prisoners who are blind or deaf or both is impar ted in the most appropriate languages and modes and means of communication.

1884. The Superintendent shall get trained professionals and support staff qualified in sign language and Braille to support such prisoners to fulfill the daily communication needs of persons with speech, communication or language disabilities and enables them to participate and contribute to their community and society.

1885. The Superintendent shall provide skill development and vocational training so that they are to become self-employed post their release.

1886. The schemes and programmes shall be made accessible for them along with all the mainstream formal and non-formal vocational and skill training schemes and programmes by the Superintendent;

1887. The Superintendent shall ensure that a prisoner with disability has adequate support, equipments and facilities to avail specific training;

1888. The Superintendent shall ensure that the premises will have user-friendly facilities such as ramps, hand railings, sufficient numbers of western toilets spacious enough so that the inmate with wheelchair can be accommodated.

1889. The Superintendent shall arrange exclusive skill training programmes for persons with disabilities with active links with the market, for those with developmental, intellectual, multiple disabilities and autism.

Library

1890. The prison library should contain books, print material in Braille, large prints and audios to facilitate the learning and education of such prisoners.

Grievance redressal

1891. Any prisoner or his family member or his relative, if aggrieved with the non- compliance of the above rules may complain as provided under the rules of grievance redressal system.

CHAPTER-XXXVI

Mental Health & Infectious Diseases

1892. Mental Illness can be used interchangeably with psychiatric disorder or unsoundness of mind means,—

(1) Psychosis, or

(2) Mental Retardation (IQ below 70), or

(3) Severe incapacitating neurosis, when so certified by a psychiatrist or a medical officer with training in psychiatry;

(4) Mental conditions associated with the

abuse of alcohol and drugs;

(5) A substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life.

1893. Prisoner with mental illness means a person with mental illness who is an undertrial or convicted of an offence and detained in a jail or prison.

1894. Mental healthcare includes analysis and diagnosis of a person's mental condition and treatment as well as care and rehabilitation of such person for his mental illness or suspected mental illness.

1895. Mental Health Unit means any health establishment, situated within the prison premises, either wholly or partly, meant for892 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 the care of persons with mental illness, established, owned, controlled or maintained by the appropriate Government, local authority, trust, whether private or public, corporation, co-operative society, organisation or any other entity or person, where persons with mental illness are admitted and reside at, or kept in, for care, treatment, convalescence and rehabilitation, either temporarily or otherwise; and includes any general mental rehabilitation centres established/maintained by the appropriate Government.

1896. The Mental Health Review Board shall be constituted in every prison consisting of,—

(1) Superintendent of the Prison;

(2) One Psychiatrist of the prison hospital

to be nominated by Chief Medical Officer;

(3) One Medical officer in charge of the

prison.

1897. Psychiatrist means a medical practitioner possessing a post-graduate degree or diploma in psychiatry awarded by an University recognized by the University Grants Commission established under the University Grants Commission Act, 1956, or awarded or recognized by the National Board of Examinations and included in the First Schedule to the Indian Medical Council Act, 1956, or recognized by the Medical Council of India, constituted under the Indian Medical Council Act, 1956, and includes, in relation to any State, any medical officer who having regard to his knowledge and experience in psychiatr y, has been declared by the Government of that State to be a psychiatrist for the purposes of the said Act.

1898. Clinical Psychologist means a

person,—

(1) having a recognized qualification in Clinical Psychology from an institution approved and recognized, by the Rehabilitation Council of India, constituted under Section 3 of the Rehabilitation Council of India Act, 1992, or

(2) having a Post- Graduate degree in Psychology or Clinical Psychology or Applied Psychology and a Master of Philosophy in Clinical Psychology or Medical and Social Psychology obtained after completion of a full time course of two years which includes supervised clinical training from any university recognized by the University Grants Commission established under the University Grants Commission Act, 1956 and approved and recognized by the Rehabilitation Council of India Act, 1992 or such recognized qualifications as may be prescribed.

Procedure for Admission

1899. Prisoner with Mental Illness how to

be confined,—

(1) If a prisoner with mental illness is found to be dangerous, noisy or filthy in his habits, he shall be confined in a cell under strict and continuous supervision.

(2) Save as provided in sub-rule (1) above, prisoner with mental illness, other than those who have become insane, may, in the discretion of the Medical Officer in charge, be detained in the prison hospital or in a ward.

(3) The Superintendent, in consultation with the Medical Officer in charge and prison Psychiatrist shall devise a behavioral therapy programme conducive for health of the prisoner with mental illness.

1900. Procedure when undertrial prisoner

with mental illness is admitted to prison,—

(1) If an undertrial prisoner is detained in prison under Section 330 of the Code of Criminal Procedure 1973, the Superintendent shall apply to the Court concerned for Reception Order for his transfer to the Institute of Psychiatry & Human Behaviour (IPHB), or any other Government hospital.

(2) A detailed medical examination of every such prisoner, where any prisoner was sent to IPHB or any other Government hospital, shall be got conducted by the Medical Superintendent, IPHB or any other Government Hospital, and report thereof shall be sent to the court concerned.

(3) The Superintendent shall ensure that a medical report in respect of such prisoner is893 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 submitted to the cour t concerned every month.

1901. Report on a prisoner who becomes patient of mental illness.— If any convicted prisoner becomes patient of mental illness, a report regarding his case shall be submitted to the Inspector General of Prisons with a view to obtaining orders of Government for his removal to the IPHB or any other Government hospital. With this report the following documents shall be forwarded,—

(1) a descriptive roll of the prisoner,

(2) Medical Certificate.

Provided that, if required, the convict may be sent for OPD treatment in any of related Government hospital including IPHB with the approval of Superintendent.

1902. Transfer to the hospital.— On the receipt of an order from the Government for the removal of a convicted prisoner with mental illness, the Superintendent shall send the prisoner to the IPHB or any other Government hospital, along with the following documents,—

(1) The Government order directing his

transfer;

(2) Descriptive roll of prisoner;

(3) Medical certificate;

(4) Property, if any.

1903. Conditions for a transfer.— No prisoner with mental illness shall be transferred from a prison to the IPHB or any other Government Hospital, unless the Medical Officer in charge cer tifies, immediately before his dispatch, that he is medically fit to undertake the journey.

1904. Monthly return.— The Superinten- dent shall, on the 1st day of every month, forward to the Inspector General of Prisons, a report on the prisoner confined in the prison under Section 330 and Section 335 of the Code of Criminal Procedure, 1973.

1905. Discipline and punishment of prisoner with mental illness.— A prisoner with mental illness should not be punished for any act committed by him in prison, but such restraints can be imposed as are necessary to prevent him from injuring himself or others or causing inconvenience.

1906. Transfer in anticipation in urgent cases.— In urgent cases, when the prisoner with mental illness is dangerous, noisy or filthy in his habits, the Superintendent may, with the previous consent of the Medical Superintendent of the IPHB or any other Government hospital, transfer such prisoner to the Institute in anticipation of the Court or Government permission. In such cases, documents i.e. (a) The Government order directing his transfer; (b) Descriptive roll of prisoner; (c) Medical certificate; (d) Property, if any, shall be forwarded with the prisoner. The Government or Court order should be forwarded immediately on receipt.

1907. Procedure when sentence is about to expire.— If any prisoner becomes patient of mental illness immediately before the expiry of his sentence, he shall be handed over to his relatives or friends on the expiry of his sentence, failing which he may be sent to IPHB or any other Government hospital, for treatment.

1908. Time spent in hospital to count as sentence.— The time during which a prisoner with mental illness was detained in the IPHB or any other Government Hospital shall be reckoned as sentence undergone.

1909. Treatment of prisoner with mental illness returned to prison.— If a prisoner with mental illness is returned to the prison after treatment and recovery, he shall be given some labour with such concession as the Medical Officer may consider safe.

Facilities in the Mental Health Unit

1910. The minimum requirements for a

Mental Health Unit should be as follows,—

(1) 10 bedded Facility with:

(a) One full time psychiatrist/medical

officer with training in psychiatry;

(b) One clinical psychologist/psychiatric

social worker.

(2) Support facilities. The minimum support facilities as detailed as under should be available:

(a) Provision of emergency care for

handling of psychiatrist emergencies;

(b) A well equipped Electric Convulsive

Therapy facility;

(c) Psycho diagnostic facilities.

Powers and Functions of the Mental Health

Review Board

1911. The functions of the Board are as

follows,—

(1) To receive and decide application from prisoner with mental illness or his nominated representative or any other interested person against the decision of medical officer or mental health professional in charge of mental health establishment or mental health establishment under these rules;

(2) To adjudicate complaints regarding deficiencies in care and services in a mental health establishment;

(3) To visit and inspect prison or jails and seek clarifications from the medical officer in- charge of health services in such prison;

(4) Where it is brought to the notice of a Board that a mental health establishment violates the rights of prisoner with mental illness, the Board may conduct an inspection and inquiry and take action to protect their rights.

Facilities in the ward of the prison

1912. Diet, clothing and bedding of prisoners with mental illness should be dealt in the following manner,—

(1) All prisoners with mental illness shall be given the diet according to the scale laid down in these rules, provided further that in the event of physical illness requiring special diet, provisions of the prescribed rules shall apply.

(2) All prisoners shall be provided the clothing and beddings per rules. However, relaxation in this regard may be granted by the Inspector General of Prisons.

1913. The rehabilitation, recreation and

other therapies should be as follows,—

(1) The Mental Health Rehabilitation Centre shall provide adequate facilities for the recreation of the inmate.

(2) Counseling services, behavior therapy and Occupational therapy shall be provided for the prisoners with mental illness.

Contagious and infectious diseases

Record of Diseases

1914. If any prisoner is found to be suffering from contagious or infectious disease, the Medical Officer shall record the fact on his history ticket.

Procedure for segregation & disinfection

1915. If the Medical Officer records that a prisoner is suffering from contagious or infectious disease, and that his separation from other prisoners is necessar y, the Superintendent shall immediately segregate that prisoner from others. However, care shall be taken that the ward accommodation of the contagious or infectious disease prisoner, in the prison hospital is so segregated as not to be solitary.

1916. A cell or other compar tment occupied by a contagious or infectious disease prisoner shall be thoroughly disinfected before any other prisoner is confined in it.

1917. Clothing and bedding used by such prisoner should be properly disinfected or destroyed.

1918. The Superintendent shall arrange proper arrangement for preventing the other prisoners from the contagious or infectious disease, lodged in the prison hospital or ward.

Distribution of medicine & other duties of

Medical Staff

1919. The Medical Officer shall ensure that proper medicine is administered to the prisoners suffering from contagious or infectious disease as per the prescription on day-to-day basis.

1920. Care shall be taken to ensure that adequate stock of medicines is always available in the hospital.

1921. The Medical Officer in charge shall, by the 5th day of every month, send a list to the Superintendent and Chief Medical Officer of the prisoners suffering from contagious or infectious disease and undergoing treatment. For this purpose, a proforma should be devised by the Inspector General, in consultation with the Chief Medical Officer. The Chief Medical Officer, in turn, should send the statement to the Inspector General by 10th day of every month.

1922. The Medical Officer shall undertake all precautions to prevent the spread of contagious or infectious disease among other prisoners.

Information to court

1923. In appropriate cases, information regarding prisoners, found to be suffering from contagious and infectious disease, shall be communicated to the concerned court by the Superintendent.

CHAPTER XXXVII

Miscellaneous

Inclusion of prisons in development plans

1924. Since prison administration has a direct bearing on the improvement of the quality of life of those who deviate from the accepted social norms, the development of prisons shall be pursued as an integral part of the National Development Plans. Investment on prisons shall lead not only to the reformation and rehabilitation of offenders as Law-abiding citizens, but also to safeguarding the life of those adversely affected by crime. Therefore, the State shall take steps to formulate schemes for development of prisons in their entirety. Such schemes should not only relate to the correctional content of prison programmes but also to improvement in the quality of prison staff, which is the main tool of correctional administration.

State Advisory Board

1925. There shall be a State Advisory Board to advise the State Government and the prison administration on matters relating to correctional work in prisons, rehabilitation of inmates and redressal of grievances of prisoners.

1926. The State 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, etc., in order to bring about effective inter-depar tmental co-operation and co-ordination.

1927. The State 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.

1928. The State Advisory Board shall comprise of the following officials of the State,—

(1) Minister in-charge of Prisons, Chairman.

(2) Secretary in-charge of Prisons, Vice

Chairman.

(3) Principal Secretary, Department of

Prisons.

(4) Secretary (Finance).

(5) Inspector General of Prisons, Member

Secretary.

(6) Law Secretary or any of his nominee

not below the rank of Joint Secretary.

(7) Inspector General of Police (HQ).

(8) Member Secretary, Goa State Legal

Services Authority.

(9) Director, Education.

(10) Director, Technical Education.

(11) Director, Health Services.

(12) Chief Engineer, Public Works

Department.

(13) The Director of Industries or any other

member appointed by the Government.

(14) Director, Social Welfare.

(15) Director, Skill Development & Training.

(16) Director, Directorate of Women & Child

Development.

1929. The following Non-Officials shall also be appointed by the Government as members of the State Advisory Board,—

(1) Three members of the Legislative Assembly of the State, of whom one shall be a woman and one belonging to the principal opposition parts in the State Legislature Assembly.

(2) Two elected Members of Parliament

from the State.

(3) Three eminent members of the public working in the field of prison administration and welfare. Among them one shall be a woman.

(4) A retired officer of prison service of the State, not below the rank of Deputy Inspector General.

1930. The State Advisory Board shall hold at least one meeting in a calendar year. In the wake of any extraordinary situation, the Member Secretary is authorized to convene a special meeting of the Members of the State Advisory Board to apprise the Members of details of the situation warranting such meetings.

1931. The proceeding of every meeting of the State Advisory Board shall be recorded in the Minute Book, and a copy of the same shall be forwarded to the Minister in-charge of Prisons and the Principal Secretar y/ Secretary of the Prison Department.

1932. The Members of the State Advisory

Board may visit to any prison of the State.

1933. 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.

1934. The Superintendent shall present before the visiting Member/Members of the State Advisory Board any paper/document in connection with the correctional work, recreation, training of prisoners, prison diet, health-care of prisoners, grievances of prisoners and redressal of prisoners, if the same is sought for by the visiting Member/ Members of the State Advisory Board.

1935. 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.

1936. If a Non-Official member appointed under Rule 1929 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 State Government for appointing a new non-official member in his/her place.

1937. 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. However, Non- Official Member should not be appointed for more than two terms.

1938. The State Government reserves the right to cancel the appointment of any non- official member of the State Advisory Board at any time with reasons to be recorded in writing.

1939. A non-official Member of the Board shall receive allowances, as prescribed by the State Government from time to time, for attending the meetings of the Board.

Planning, research and development

mechanism

1940. The State shall evolve a mechanism for providing the necessary feedback on the efficacy of prisons and correctional services in achieving their objectives and goals through monitoring, study, analysis and research, and to keep the system abreast of the new trends and developments in the field. Such a mechanism should clearly spell out the specific objectives and goals not only for the organisation, but also for individual institutions, in terms of functional renovation and reconstruction of prison buildings, diversification of correctional institutions, classification of prisoners, rehabilitative897 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 reorientation of prison industries, correctional content of prison programmes, recruitment and training of prison personnel and modalities of co-ordination with other branches of the Criminal Justice System. It should set quantitative targets for the correctional system such as, number of criminals rehabilitated, number of ex- offenders, number of prisoners educated, increase in productivity of prisons; sale proceeds of prison manufacture, amount of loan extended to inmates/ex-inmates under innovative banking schemes and other sources, etc. There shall be an established procedure for reviewing the organisational and institutional goals by the department at least once a year.

Prisons Development Board

1941. In order to improve and modernise the infrastructural facilities in prisons, a High Powered Prison Development Board may be set up in the State to have an institutional arrangement conducive to speedy decision making and to take full advantage of modern technology and managerial practices.

1942. The Board may consist of the

following members:

(i) Chief Minister Chairman.

(ii) Minister for Prisons Vice-

Chairman.

(iii) Registrar of the High Ex-officio Court Director.

(iv) Secretary to Government, Ex-officio Revenue Department Director.

(v) Secretary to Government, Ex-officio Law Department Director.

(vi) Inspector General of Ex-officio Police Director.

(vii) Director of Prosecution Ex-officio Director.

(viii) Two persons to be Members.

nominated by the Government, out of whom one shall be a woman from among non-officials who have distinguished

themselves in the field of prison administration or prison reforms or service to prisoners or human rights

(ix) Inspector General of Ex-officio Prisons Managing

Director.

1943. The functions of the Board shall be,—

(1) to examine the living conditions of prisoners in all the prisons in State, with specific reference to their basic needs and provision of facilities compatible with the dignity of human life,

(2) to build new prisons in the State where the existing prisons are not in a satisfactory condition, or are beyond repairs,

(3) to review and suggest measures for the development of programmes for the 'treatment of prisoners, including research, education, vocational training and skill development, with a view to developing prisons as correctional centres,

(4) to efficiently manage prisons in the State by inducting modern technology, methods and apparatus,

(5) to collaborate with corporate houses for Corporate Social Responsibility (CSR) funding for above purposes.

1944. The Board shall have, and maintain, its own fund as the Prisons Development Fund to which shall be credited,—

(1) all money received by the Board from the State and Central Governments by way of grants, loans, advances, etc.,

(2) all money borrowed by the Board by

way of loans or debentures,

(3) all money generated by the agricultural, horticultural, industrial or manufacturing activities undertaken by prisoners,

(4) all fees, charges and profits received

by the Board,

(5) all money received by the Board from the disposal of lands, buildings and other properties (movable or immovable), and898 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 16 (SUPPLEMENT) 15TH JULY, 2021 (6) all money received by the Board by way of rents or profits or in any other manner or from any other source.

1945. The concerned State Government shall frame detailed rules for the functioning of the Board.

Publication of annual report

1946. The State shall publish an annual report on the functioning and progresses achieved by the Department of Prisons and Correctional Services and place the same before the legislature.

Exchange of expertise

1947. The State Government shall promote the exchange of technical know-how and professional expertise with other States to be able to adopt the best practices in the administration of prisons and correctional services in various parts of the country, either on its own initiative or with the assistance of the Central Government.

Right to information

1948. The Prison Act and other relevant acts, applicable rules, regulations and the State Prison Manual shall be kept in the prison library for the benefit of all prisoners.

1949. The prison administration in the State shall strictly adhere to the requirements contained in the Right to Information Act, 2005.

Approval of various departments

1950. Any provisions in these rules, if require creation of new posts or cadre restructuring and would require concurrence of or consultation with Administrative Reforms Department, Finance Department or any other department for the said purpose then these provision shall be implemented only after such concurrence of or consultation with the concerned department.

1951. Any provisions in these rules, if provide for additional financial implications on the State Exchequer then said provision shall be implemented only af ter the concurrence of/consultation with the Finance Department of Government of Goa.

1952. Power of Government to frame guidelines.— The State Government may subject to the provisions of the Act and these Rules frame guidelines for better prison administration.

1953. Repeal and Saving.— (1) The Goa

Prisons Rules, 2006 are hereby repealed:

Provided that such repeal shall not affect.—

(a) the previous operation of the Goa Prisons Rules, 2006 or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the Goa Prisons Rules, 2006; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Goa Prisons Rules 2006; or

(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and

any such investigation, legal proceedings may be instituted or continued, right may be enforced and penalty, forfeiture or punishment may be imposed as if the Goa Prisons Rules, 2006 are not repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Goa Prisons Rules, 2006, shall, unless such thing or action is inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.

By order and in the name of the

Governor of Goa.

Pritidas Upasso Gaonkar, Under Secretary

(Home-I).

Porvorim, 29th June, 2021.

APPENDIX – 1

Handbook for prisoners

[Source: Bureau of Police Research & Development]

Introduction

The preparation of this handbook is a modest step towards lending credence to human rights initiatives in prisons. An attempt has been made to clearly and lucidly inform and explain to the prisoners their rights and duties within the framework of the prison walls. This handy manual will not just meet a long- felt prisoners' need but also move the authorities towards further streamlining prison procedures and functions. While on the one hand it will make the prisoners more alive and aware about their rights, on the other it will help the prison authorities to become more sensitive and alert to prisoners human needs. Similarly, a clear understanding of their duties shall help the prisoners to know their limitations and make the day-to-day functioning of the prison administration smoother.

The intention is to protect human rights and dignities in a prison; yet it is also being effectively conveyed that facilities and privileges in a prison cannot be taken for granted. Thus while an effective grievance redressal procedure is put in place, the prisoner is also clearly told that his privileges and other facilities are contingent on his good conduct. While all human and civil rights are extended to him, it is also incumbent upon him to abide by the prison Rules and Regulations.

Though it would have been proper to make a clear distinction between absolute rights and discretionary rights, the privileges and the amenities, it would have been a little confusing for the prisoner. On the premise that any conflict would be resolved by further referring to the exhaustive Jail Manuals and prison Rules and Regulations, right and duties have been listed under convenient headings that can be easily understood by an average prisoner. Since the prisoner is the audience here, all efforts have been made to make the handbook simple, readable and pleasing to the eye. To avoid reader fatigue, the text has been peppered with appropriate and communicable illustrations.

Finally, though it will be in bad taste to refer to happiness in a prison setting, a certain level of contentment can be created through a humane and congenial atmosphere, where the rights are met and obligations are fulfilled. This handbook strives to make a move just towards that.

Admission

At the time of admission a prisoner shall:

• Be treated with courtesy.

• Submit to thorough search.

• Notify details of his identity, family members, close relatives, friends, legal representatives and diplomatic mission in case of foreigners so that they can be informed about his admission or transfer.

• Submit a list of persons who are likely to seek interviews with

him.

• Deposit his personal belongings with the jail authorities, which shall be registered in the prison record and returned to him on release.

• Be informed of the Rules, regulations, his rights and obligations

and his legal status in prison.

• Be classified for the purpose of segregation according to his status like undertrial, detenue, convict, juvenile, woman,

habitual, high risk etc.

Classification and Medical Examination

A prisoner after admission shall be kept separately for some time,

according to his classification, in the reception ward:

• For medical examination, observation etc.

• To get his injuries, if any examined.

• To have a medical screening where he will give truthfully and freely his medical history, including correct information about blood group, allergies, etc.

• To be vaccinated, if needed.

Accommodation

• Every prisoner shall be provided adequately ventilated, clean

and sufficient living space with good lighting system.

• He shall be accommodated separately according to the

classification and socio-cultural background.

Sanitation and Hygiene

A prisoner shall:

• Maintain personal cleanliness and all-round hygiene at all time.

• Keep his clothes, blankets, bedding, utensils and his

surroundings clean and orderly.

• Ensure that he and his fellow inmates keep their living place

neat and clean and they so not spit around.

• Make separate queues for latrines and urinal.

• Shall wait for his turn in the queue for nature's call.

• Shall ensure that the previous user flushes the latrine/urinal

after use, and he shall do the same.

• Shall only spend and be sensitive to the fact that others are

waiting for their turn.

• Not litter the surroundings.

• Keep his nails clean and trim them regularly.

· • Wash his hands before working in the cook house or before

touching food articles.

• Bathe and wash his clothes every day.

• Be provided with adequate water supply for bathing and washing, sufficient toilets and a good drainage system with periodical repairs and maintenance.

• Be provided shaving and other soaps, brush etc. at Government cost. Be provided the services of the barber for shaving or

clipping.

Clothing and Bedding

• A prisoner shall be provided sufficient, proper, neat and clean

clothing and bedding, according to season.

• Undertrials and those awarded simple imprisonment can wear their own clothes. If they so not have sufficient clothing or bedding, the same shall be provided at Government cost if the Superintendent permits.

• A prisoner can wear his own clothes whenever authorized to

move out of the prison.

• He shall wear the clothing given to him and not exchange it or

any part of the prison kit with that of any other prisoner.

• He shall be provided the facility for washing, proper aeration

and periodic fumigation of clothing and bedding.

Food

A prisoner shall be provided:

• Three meals a day according to the prescribed diet.

• Timely, hygienic, nutritious and medium quality food in sufficient

quantity.

• Properly inspected food, cooked and served in appropriate

utensils.

• Food articles, which are properly cleaned, carefully sifted, inspected and preserved in good and wholesome condition.

• Fresh vegetables.

• Potable and sufficient drinking water, made available

conveniently at all times.

• A special diet as prescribed by the medical officer, if he is sick.

• Extra nutrition in case of a nursing or pregnant woman or a

juvenile.

• Extra or reduced scale of diet only on the medical officer's

advice.

• Special diet on religious festivals and national holidays. Food suitable to the occasions if he is observing fast or rozas. However, a medically unfit prisoner is not allowed to fast without permission of the medical officer.

• The entire daily ration at evening meal if he is fasting. He is allowed to take it to his barrack or cell for use during night or the following morning.

• If food is insufficient or inferior in quality, a prisoner can complain to the jailor in charge of the kitchen, who will promptly

investigate and report the facts to the Superintendent.

Health Care

A prisoner is entitled:

• To proper and free health care, including specialist treatment

and dental care.