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Panaji, 15th July, 2021 (Asadha 24, 1943)

SERIES I No. 16

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

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

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 PRISONER” means any

prisoner who is more than 21 years of age.

Suggestions are welcomed on e-mail: dir–[email protected]

SUPPLEMENT

(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 PRISONER” 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 COMMITTEE”

means the Work Assignment Committee

constituted at a prison under these rules.

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(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 court exercising

criminal jurisdiction or court martial and

includes a person detained in prison under

the provisions of Chapter VIII of the Code of

Criminal Procedure 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

services 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.

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(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:

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(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 shortening 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.

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(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 necessary 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)

Undertrials (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-

supporting,

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.

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(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 facilities

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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-birth 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, interview 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, every

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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 Court 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

departmental 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.

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(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:

Sleeping Barracks

Cells

Hospitals

Sq. mtrs.

Cu. mtrs.

Sq. mtrs.

Sq. mtrs.

Cu. mtrs.

Sq. mtrs.

Sq. mtrs.

Cu. mtrs.

of ground

of air

of lateral

of ground

of air

of lateral

of ground

of air

areas

space

ventilation

areas

space

ventilation

areas

space

3.71

15.83

1.12

8.92

33.98

2.23

5.58

23.75

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(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

compartment, 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 artificial 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.

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(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) Every

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 harvesting 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,

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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 factory

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 which

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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

library should be provided to the extent

possible. Moreover, indoor games, yoga, music

classes,

computer

training,

sports

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

(Headquarters,

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.

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(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 Entry 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.

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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 together

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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 supervise 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

supervise

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;

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(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 services, welfare services,

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 the

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prison under the Deputy Inspector General

(Correctional Services). 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 impart

training to the prison Officers to acquire

necessary knowledge and techniques. The

senior and middle level officers shall be

imparted 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.

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;

(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) Supervisors 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

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, category 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.

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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, supervising 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 supportive 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, support, 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 inquiry 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;

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(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 lifted 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 parti-

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 pertaining to management of

medical assistance, education, cooking,

cleanliness, discipline and other desirable

areas of participation, to encourage the

participation of prisoners in these activities

without

assigning

any

independent

supervisory control over the inmates;

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(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 every

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;

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(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 report 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 and

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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

entry of the report book/journal of the

Additional Superintendent and Deputy

Superintendent daily (or more often 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, property 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 prison

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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 inquiry 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 after applying

judicious mind in his own hand in the

prisoner’s history ticket and to forward the

complete enquiry 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 satisfy himself that every

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 such

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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 articles on

purchase, subject to supervision 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,

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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

entry

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 importance 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

article 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 shortages

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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-observance on the part 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 classifying

Committee constituted in each central prison

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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) delivery 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 such

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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

fifteen 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 be

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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 article 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

industry 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 to

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have more than six months experience to be

eligible for classification as skilled worker

after 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, machinery, 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 industry 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

(factory),

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,—

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(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

supervising 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,—

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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 interview

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,

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(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 courts 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,

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(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,

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(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, and

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(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,

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(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,

reformatory

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 court 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,

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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) supervise 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 every other section of the

institution;

(7) Sanitation and hygiene in areas under

his/her charge;

(8) Guarding and sentry duties;

(9)

Escorting

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) Observing 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;

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(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 armoury,

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

sentry 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,

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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,

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(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 property 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 all

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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) report, 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.

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(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,

(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,

(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,—

(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.

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(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 serviceable

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.

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(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,

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(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 undertrials 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 of

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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) Identifying 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-

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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 courts, 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.

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(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

software,

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;

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(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 articles 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 services of all officers and

employees of prisons shall be governed by

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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, and

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(3) at the earliest opportunity, to report to

the superior authority every 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.

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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.

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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

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)

(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.

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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.

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.

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(2) Demarcation of an ‘out-of bound’ area

as a sterile zone around every 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

necessary

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

unearthing

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 may

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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 carry the

required modern weapons like pistols,

carbines, S.L.R., pump action guns and

authorized quality of rubber bullets, plastic

bullets and live ammunition so that these can

be used in emergencies.

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 carry 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 necessary 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 the

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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 verify 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 prisoners

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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 alert 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.

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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 history 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 posted

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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 report 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 plants

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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 warder

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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.

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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 on

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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.

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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

particulars not resembling with the

particulars 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 warrant

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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

court 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 article,

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.

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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 property 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.

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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 satisfy

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 property 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.

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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.

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(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) Every 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 court, or transfer,

discharge, escape or death.

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(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.

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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

supervise the entry 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 sent

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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 potato

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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.]

Nutrient

Requirement

Sources

Items of diet

Quantity

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(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 uncooked

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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.

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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 reported to the

Superintendent. If the complaint is valid and

is due to the fault of any prison official, the

Superintendent shall take such action as he

deems fit and shall record his orders. Any

prisoner making false or malicious complaints

shall be punished.

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 articles of food issued for

consumption shall be weighed daily by the

officer in charge of diet. He shall ensure that

proper quantity of food is issued for to every

prisoner.

From

time

to

time,

the

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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.

Cutting of hair

350. The rules for cutting hairs shall be as

follows,—

(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,—

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(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,

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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

machinery in the workshop. If the

accumulation of such clothing is in excess, it

shall be sold, after being shredded into small

pieces, to the paper making units of the khadi

or other such agencies or may be sold

through public auction.

368. Unserviceable 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 clothing

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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 intervals, to satisfy

themselves that the ventilation is adequate,

and that the prisoners have not blocked the

ventilation in any way. The results of these

visits shall be recorded by them in their

respective

journals.

The

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.

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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 be

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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 necessary

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.

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Provision of electricity

407. The efforts 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

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 the

Officers

‘A’ Type

‘B’ Type

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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.

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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 shifted 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 importance 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.

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(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 report 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 importance

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 of

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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 Medical

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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 mortality 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 satisfy 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.

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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/dispensary 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 Officer

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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.

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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 history 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 is

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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 Laboratory 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.

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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 report 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

opportunity

to

the

Deputy

Superintendent and Medical Officer in charge

every instance of unlocking the door of any

compartment 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.

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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.

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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 every 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.

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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.

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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 every 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 shall

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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 placed

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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;

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(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 report shall be forwarded,

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 the

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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,

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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 avoid

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unnecessary

stocking

of

medicines.

Supplementary 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 report 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 every ten patients. In times of

epidemics and other emergencies this

proportion may be increased and special

orderlies may be allowed for very serious

cases or for bed-ridden patients. Convict

nursing orderlies, who perform their duties

satisfactorily, shall be 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. Reports of such medical

examination shall be kept in the office of the

Superintendent.

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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 after the fortnightly

weighing, check the weights of a dozen or

more prisoners picked randomly to satisfy

himself of their accuracy and shall record in

his journal any remarks he may consider

necessary.

CHAPTER VIII

Contact with Outside World

Reasonable facilities to be allowed for

interviews and letters

572. Every 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 in

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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 prison

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579. Subject to the provisions of the above

rules, the Superintendent shall also permit

interviews 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 intercom

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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 necessary, 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 undertrial 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

interview registered up-to one week in

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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. In

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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

interview 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.

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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

interview 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 undertrial 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

Parliament

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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

forwarded

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 otherwise 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

otherwise 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.

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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, shall

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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

served

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 expiry 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 so

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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, the

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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 court 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 every accused at the time of the

pronouncement of sentence. Such a petition

shall be forwarded to the authority to whom

it is addressed. Appeals or petitions

addressed to the Government of India, or to

any civil authority, shall be forwarded to the

Central Headquarters of the concerned

Armed Force for disposal.

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 Court 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 purport thereof shall be

communicated to the prisoner concerned in

the presence of the Superintendent or Deputy

Superintendent who shall enter on the order

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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

forwarded,

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 ascertained 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,

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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. The

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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 Service

Estimates.

Transfer of prisoners prior to release

660. Every 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.

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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

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 be

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;

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(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, entertain such admission on

holidays even in the absence of any such

request, but bring the irregularity to the

notice of the Inspector General of Prisons.

(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 escort 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; and

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(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 necessary, 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,

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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, jewellery or

property, immediate notice of the same shall

be given to the Superintendent of the

dispatching prison who shall begin an

enquiry into the matter 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 court’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, the

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officer-in charge of the prison shall supply

the prisoner’s food.

691. When the Court, 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 opportunity of

obtaining forbidden articles, including cash,

from their friends or relatives while in transit.

During the transit period, the prisoner shall

not be allowed to handle any cash, jewellery

or other private property, except his/her

private clothing.

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

transportation 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 escorting 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.

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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,—

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(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.

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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.

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(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

January 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,

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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 participate 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 fine

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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 partially by the

payment of the fine in whole or in part, before

the expiry of that period or so long as

imprisonment continues.

Explanation: This Rule covers the case of

a prisoner whose first sentence of

imprisonment is only in default of payment

of fine. The substantive sentences of

imprisonment, subsequently imposed, shall

count from the date of the first sentence and

the imprisonment in default of payment 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 fixed

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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 is

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furnished. It is not necessary in such cases

that a formal warrant shall be issued by the

Magistrate for the detention of such person

in the prison after the expiry of the

substantive sentence.

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 :

30-08-2017

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(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.

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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 Court 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 Court simply

modifies a sentence passed by a lower court

without change of section, or when an

appellate court passes a new sentence by

changing the conviction section or the

punishment section or otherwise, the sentence

finally passed shall count, unless otherwise

specially directed, from the first day of

imprisonment under the original sentence.

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 same

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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 solitary

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 solitary

confinement be declared by the Medical Officer

to be permanently unfit to undergo such

confinement, the fact shall be reported to the

court which awarded the sentence.

(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.

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779. The Superintendent shall also report to

the State Government the date fixed for his

execution by the Court of Session on

confirmation of the sentence of death by the

High Court, and solicit orders of the 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 guard

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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.

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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 interviews, 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 further expenditure on a prisoner

sentenced to death in urgent, compassionate

and deserving cases.

Observation

816. A Case History 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,

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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 taken

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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

Court 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 court

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 the

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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 the

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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.— After the

execution of death penalty, post-mortem

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 opportunity of

considering it, as in cases of a political

character and those in which for any special

reason considerable public interest has been

aroused. When the petition is forwarded to the

Secretary to the Government of India, Ministry

of Home Affairs, the execution shall

simultaneously be postponed pending receipt

of orders of the President thereon.

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,

Ministry 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, if

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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 forthwith

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 Court and

instructions, if any, for the purpose of opposing

the appeal or the application shall be

immediately sent to the Government Advocate,

Ministry of Law. Notice of the intended appeal

or application, if and when served by or on

behalf of the 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, Ministry of Home Affairs. The

Government Advocate shall keep the aforesaid

authorities informed of all developments in the

Supreme Court, in those cases which present

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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.

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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

every

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 8

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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

reserve 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,

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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.

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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 services like conservancy 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 Explosion

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(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 Kits

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(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 whistle

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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,

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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 escort 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.

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(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.

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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.

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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. Every 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.

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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 sentry and the

additional warders posted between gates

shall defend the main gate. If prisoners

cannot be driven back by any other means,

firing shall be resorted to after due warning.

It shall be stopped as soon as the prisoners

are driven back.

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, and

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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. Every 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.

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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 separate

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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 circumstances

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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 by

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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

report

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.

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(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 officers

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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.

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(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 further

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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

short

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 carrying 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 every

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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 temporary

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.

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(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) Imparting 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 ensure

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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 departments, 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.

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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 supervisory

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, undertrial

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,

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(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 servicing,

agriculture, horticulture, dairy, poultry,

floriculture, maintenance of engines,

maintenance of electric pumps, tractor

repairing,

automobile

servicing

and

repairing, cane work, basket making, pottery,

book binding, typing, computer operating,

handicrafts, stenography, cloth printing,

embroidery, hosiery, bakery, namkeen

making, paper making, printing, tailoring,

weaving, soap making, candle making,

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. Every 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.

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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.

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(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.

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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

Department 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.

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(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. Poultry 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, earthquake, 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 Service 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.

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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, undertrial

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 Services

Authority and District Legal Services

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 Services

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

1105. Even if the accused does not ask for

a lawyer or he remains silent, it is the

Constitutional duty of the court to provide

him with a lawyer before commencing the

trial. 3 The obligation to provide him with a

lawyer at the commencement of trial is

absolute and failure to do so would vitiate

the trial and resultant conviction and

sentence, if any given to the accused.

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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 after-care.

Positive influence of institutional personnel

shall play an important role in this process.

Community participation 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, particularly 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

support

services

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.

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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

pottery, basket making, wood carving,

carpentry, marquetry and veneers, wood

turning, fret-work, leather-work, home

decoration, lampshade making, metal-craft,

plastics, toy-making, artificial flower making,

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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

quarter for the redressal of prisoners’

grievances and implementation of their

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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.

Every 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 necessary

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.

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(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 smart 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.

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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 every 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

Secretary 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 by

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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 Article 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

Department

or

by

the

Superintendent of Prison. The appropriate

Government reserves the right to debar/

withdraw any prisoner, or category 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 or

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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 granted

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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 ordinary

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 ordinary 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

Department 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. Remission

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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)

Ordinary

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 the

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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 ordinary

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.

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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 is

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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.

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(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 Department/the Competent

Authority reserves 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 court

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. Such

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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 home

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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.

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(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 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 parole. The Probation Officer may

be asked to submit a report 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)

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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.

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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 after 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

report/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;

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(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 shall

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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 bar

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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 every 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.

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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

after 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 the

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Code of Criminal Procedure, 1973, whose

cases should be considered after

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 actually

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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 every case for

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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

report/

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 report/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, after

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 of

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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 from

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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 particular 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 Court. 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 for

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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 court, 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.

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(2) Sports shoes (ankle with spongy

padding which may be used for concealing

prohibited items).

(3) Liquors of every 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, jewellery,

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.

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(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 bartering 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 report 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 hurting 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.

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(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;

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(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

inquiry 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 every

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 of

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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 the

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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 forwarded 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,

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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. Every 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 in

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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) Every

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.

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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. After-care services 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 after 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-release

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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.

Voluntary

organisations, which wish to help the

government in rehabilitation projects, should

be given necessary financial and other help.

Their services 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/industry/

/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.

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(11) Assistance in starting a small dairy,

poultry, 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

Service 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

report 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.

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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 case

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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 category 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 in

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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 and

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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, after 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 prisoners

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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 imparting 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 salary 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 undertrial

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 and

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(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 after 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 received

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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 forwarded 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 solitary

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 undertrial

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) interviews 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,

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(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.

Undertrial

prisoners

should not be granted interviews with

convicted prisoners unless they are very close

relatives.

Canteen

1363. An undertrial 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 undertrial 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.

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For this purpose a court 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 diary,

requisition for police escort should be sent

sufficiently in advance. Information about

women, adolescent, juvenile undertrial

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 court, 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

court, 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 reasons

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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 escort 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.

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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

supervision 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 undertrial 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 undertrial 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 court 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 reported to the court

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 undertrial 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 undertrial 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 a

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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

escorted 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.

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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 undertrial

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 Category-1 (S1-Red):

Fundamentalists, Naxalites, extremists and

terrorists

or

any

other

individual

characteristics warranting confinement in

Security Zone-1.

(b) Security 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 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 reported 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 within

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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 undertrial

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.

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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.

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(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.

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

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

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

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

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 undertrial

prisoners.

Interview and communication

1431. A detenue should be allowed

interviews and communication facilities at par

with that of other prisoners.

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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.

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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 by

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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 portion 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 particular 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 undertrial 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. Such

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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 laid

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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/

nursery/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

transportation 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 calorific

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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 expectant

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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. Every 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 often 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 particular 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 provisions

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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 necessary, 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 disproportionate

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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,

interviews

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 livelihood

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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, horticultural, 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,

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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 history, 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 voluntary

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.

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1562. The probation system should be

strengthened in close co-ordination with the

judiciary. Probation Services 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 of

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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

industry, 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 after-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 further

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,

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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) Disciplinary 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,

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(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 Department’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 quarters 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 opportunities 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.

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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

forthwith

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 work

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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.

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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 institutions

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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 necessary 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 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.

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 headquarters 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 the

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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.

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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. After-care facilities should be

extended as per provisions of Chapter XX

(After-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.

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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;

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(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

report 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 Inspector

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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

report. The compliance report 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 having

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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 Inspector

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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.

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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.

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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.

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(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 be

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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

departmental 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 department 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 clearly

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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 observed 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.

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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 staff

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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 forwarded 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.

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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,—

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(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 Services 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 take

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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) Performance 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.

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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 report on musketry

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 following

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sources,— (1) Monthly subscriptions from

staff members.

(2) Voluntary donations subject to rules

framed by the Government.

(3) Interest accruing from investments.

(4) Benefit performances 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.

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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 Book

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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.

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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, Treasury 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

courts

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.

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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.

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(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

every prisoner shall be reported 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;

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(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 report on his

character, conduct in prison and proficiency

in any prison industry attained by him shall

also be included in the certificate. Similar

certificate 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; and

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(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.

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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 Court 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.

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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 category 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 articles 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 Code

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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 torture, 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

inform

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immediately to the superintendent of the

prison about such incident.

Education, recreation and skill development

1881. The Superintendent shall without

discrimination provide education and

opportunities for sports and recreation

activities equally with others.

1882. The Superintendent shall provide

necessary

support

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 imparted 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 for

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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

psychiatry, 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 is

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submitted to the court 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

certifies,

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.

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(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 necessary, 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 compartment

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.

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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-departmental

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.

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(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 Secretary/

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, rehabilitative

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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), and

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(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 after 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.

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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.

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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.

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• 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.

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• 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.

• To second medical opinion and access to all medical information

concerning him.

• To space and material for daily physical exercise to help him

keep a good physical and mental health.

Work and Wages

A prisoner:

• Who is medically fit shall work to gain skills for rehabilitation

after release.

• Cannot be subjected to forced labour.

• Who is an Undertrial or a prisoner under simple imprisonment

cannot be allotted any work unless he so desires.

• Shall not be employed on labour for more than the stipulated

hours in any one day, except in case of an emergency and by

the order in writing of the Superintendent.

• Has the right to protest or complain if the officers and the

prison staff employ him for private work at their residences and

attached gardens.

• Has the right to weekly off. No work except menial and other

necessary work shall be done on Sundays and other prison

holidays.

• Will be protected from undue exposure to the vagaries of weather

while at work.

• Who works shall be paid fixed wages on condition that he

completes his daily quota of work to the satisfaction of the

prison authorities.

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• Shall have his wages credited to his wage account.

• Can spend a part and send a part of his wages to his family.

• Shall get the saved amount on his release.

Facilities and Amenities

• A prisoner can spend part of his earnings on postcards, envelopes

and the likes, books and other approved items and payment of

fine or other legal obligations.

• He has canteen facilities for purchase of foodstuffs, articles of

daily use like soap, toothpaste, oil, comb, tea, coffee, milk,

stationary etc.

• He can participate in recreational and cultural activities, yoga

classes and sports organised from time to time.

• He can keep postcard size family photos.

Education

A prisoner:

• Has the right to education.

• Shall be provided facilities for literacy classes and vocational

training.

• Has the right to pursue higher studies.

• Is entitled to the same standards and contents of education as

prevalent in the State of his imprisonment.

• Has the right to access the prison library.

• Desirous of higher studies or otherwise may possess any number

of books with the Superintendent’s permission.

Religion

• A prisoner has the right to observe the tenets of his religion,

attend religious functions and have access to representatives of

their religion.

• He can keep with him religious books and pictures.

• He is to be provided with place of worship.

Appeal, Petition and Legal Aid

A prisoner:

• Desiring to appeal is granted every facility for appealing to the

proper appellate court.

• Is entitled to free legal assistance of his choice.

• Is entitled to appeal and petition according to the provisions of

Law and for legal defence.

• Can delegate power of attorney to settle property, land, civil

suits, business etc. and execute his will.

• Can make representations and complaints on matters such as

appeals, assaults or ill treatment, when the Superintendent

visits prisoners during the day.

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Contact with outside world

A prisoner has the right to communicate with the outside world through media, letters and interviews.

He can communicate and interview in privacy with legal advisers, diplomats (in case of foreigners), his

family members and friends.

Letters

A prisoner:

• Can write letters at government cost.

• Can write to his near relatives and friends only.

• Can write the number of letters per month as notified.

• Can receive unlimited number of letters.

• Can be allowed additional letters for legal purposes at the Superintendent’s discretion.

• Can be extended facilities for sending telegrams or registered letters in suitable cases at his own

cost.

• Cannot correspond with inmates of other prisons, except with those who are his close relatives

with the permission of the Superintendent.

• Can be disallowed letters for reasons of security, discipline or during emergency.

• Can be permitted by the Superintendent to substitute a letter for an interview or visa-versa.

• Will only correspond on personal or private matters.

• Is forbidden to include any matter likely to become subject of political propaganda or any strictures

on the administration of the prison.

• Letters both incoming and outgoing are censored according to prison Rules and recorded in the

history ticket of the prisoner. Those with objectionable cryptic or suspicious contents shall be

withheld under intimation to the prisoner. But he shall receive the censored letters without delay.

Interviews

Interviews are granted only to near relatives, friends and legal adviser of a prisoner with the permission

of the prison officials and consent of the prisoner.

• Every Undertrial or convicted prisoner, during the period of

appeal, is entitled to see his relatives or friends or the legal

adviser and communicate with them as and when required, at

the discretion of the Superintendent, to enable him to prepare

or file an appeal, arrange for bail or surety, payment of fine or

to manage his property and other family affairs.

• The visitor and the prisoner shall be subjected to search and

strict vigil during interview.

• Interviews between prisoners are only allowed if they are

members of their families, that is, spouse, children, father, mother,

brother and sister.

• Interviews are ordinarily granted on working days and during

the hours notified in front of the prison gate, the visitors’ waiting

room and the inquiry office.

• Interviews are granted on Sundays and prisons holidays in

exceptional cases only and with the permission of the

Superintendent.

• The duration of an interview shall normally not exceed the

prescribed time limit.

• During an interview with father, mother, children, wife, sister,

brother or a joint interview with his friends and relatives, up to

five persons are permitted.

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• A prisoner is entitled to only stipulated number of interviews every month.

• A prisoner on hunger strike shall not be granted interviews and other facilities.

• No political matters shall be discussed during an interview.

• An interview may be terminated at any moment if the Jailor present considers there is sufficient

cause to do so.

Media

A prisoner:

• Can access news through books, newspaper, television, radio

etc.

• May be allowed by the Superintendent to have at his own cost

any newspaper or periodical approved by the State Government.

• Is provided newspapers and periodicals approved in the prison

library.

• All privileges such as interviews, letters and facilities for reading are contingent on the good

behaviour of the prisoner and the Superintendent may withdraw or postpone privileges of an

individual for misbehaviour and unsatisfactory conduct or use them as reward for good behaviour.

Security

• Prisoners are classified according to the risk they pose to others and kept accordingly.

• They can be subjected to restraint as a precaution (i) against escape during transfer; (ii) while

attempting damage to property or physical attack on others or self; (iii) on medical grounds.

• Prisoners shall be provided protection from other prisoners.

Duties and Obligations

A prisoner shall:

• Maintain discipline and obey all prison Rules and regulations.

• Maintain strict silence at all times except when any enquiry or

instructions relating to work are necessary.

• Not keep bidis or cigarettes in his possession.

• Smoke only at such places and during such periods as specified

by the Superintendent.

• Not leave his work or his line to make any representation.

• Not destroy the equipment of the cell or damage buildings or prison property.

• Report any plot or conspiracy, and any attempt to escape or preparation for escape, or for an attack

upon any prisoner or prison officer.

• Perform his allotted tasks willingly and carefully and take proper care of any Government property

entrusted to them for the purpose.

• Not receive or possess any prohibited article like alcohol and other intoxicants, cash, ornaments,

arms and ammunition, ropes and strings etc.

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• Not loiter outside the wards or in the wards after the doors have been opened, or bath or visit

the latrine at awkward hours.

• Not commit any nuisance or dirty any article in the prison or any part of the prison.

• Not gamble, barter or play any game in the prison (unless permitted by the Superintendent).

• Remain strictly within their gangs and within the part of the jail in which they are confined,

unless ordered by proper authority to leave it.

• Keep in file when not at work, and strictly carry out regular

parades.

• Show respect to all prison Officers and not strike, assault or

threaten them or any prisoner.

• Help prison officers in case of any attack on them.

• Abstain from abuse, quarrelling, loud laughing, loud talking and indecent behaviour.

• On refusal to observe the legitimate Rules, a prisoner can be subjected to disciplinary action and

punishment. However, he shall be informed of his offence before being punished and given the

opportunity to present his defence and appeal to the higher authorities.

Prison Offences

The following activities are considered offences inside the jail premises. A prisoner indulging in any

of these is liable to be punished:

• Not following the prison Rules and Regulations.

• Attack anyone or use undue force.

• Use insulting or abusive language.

• Show unwillingness or refusal to work by those undergoing rigorous imprisonment.

• Deliberately destroy or damage prison property.

• Damage or destroy the history ticket.

• Possession of a prohibited article.

• Pretence to illness.

• Plot or abet any prison offence.

• Failure to report any fire outbreak or plot or conspiracy about attempted escape or preparations

for escape, or an attack upon any prisoner or prison officer.

• Any other action or activity that can be considered as offence under prison Rules.

Prison Panchayat

All prison inmates have to participate in prison panchayats, wherever they are constituted. The

purpose of the panchayat is to help the administration:

• Maintain proper sanitation, hygiene and cleanliness.

• Establish an efficient cooking service and proper distribution of food.

• Extend facilities and amenities to inmates such as medical help.

• Organize recreational activities.

• Maintain good behavior among the inmates in barracks and workshops.

• Help the prison administration in all matters, which are conducive for establishing a proper

atmosphere in the prisons.

Leave

• Every prisoner is entitled to temporary release or leave according to Rules.

• Ordinarily, leave is not granted to a prisoner within a period of six months from the date of his

return from special leave or earlier leave.

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• A prisoner desirous of leave will furnish personal bond of the amount fixed under the Rules. In

case of abuse of trust the prisoner is liable to stipulated penalty or punishment.

• Leave is not granted unless a prisoner has relatives willing to receive him while on temporary

release and ready to furnish the required surety bond.

• The cost of journey both ways is borne by the prisoner released on leave. If he is not in a position

to do so, and the sanctioning authority so directs, a portion or whole of expense might be borne

by the State Government.

• As soon as a prisoner released on leave surrenders himself to the prison authorities, his order of

release becomes inoperative. Thus if a prisoner who is released on leave has applied for extension

of the period of leave, and before his application is sanctioned he surrenders to the prison

authorities, he shall not be released after such surrender without obtaining a fresh order from

the sanctioning authority.

• The leave period is counted as a remission of sentence, subject to certain Rules.

• A prisoner has no legal right to claim release on leave.

Special Leave

A prisoner:

• Is sanctioned special leave (parole) for such period as the competent authority may order in case

of serious illness, or death of any member of his nearest relative or for any other sufficient cause.

• Can be allowed special leave by the IG of prisons to appear in an examination.

• Convicted of serious offences, when allowed special leave, is to report regularly at the police

station nearest to the place where he intends to spend his time.

• Is granted special leave subject to his executing a surety and personal bond and to observe all

conditions, which apply.

• Who abuses the concession or commit breach of any of the conditions of special leave shall be

punished.

• Is granted special leave either on his own application, or made by his relative or friends, or the

legal adviser.

• The special leave order becomes ineffective on a prisoner’s surrender.

• The period spent on special leave shall not count as remission of the sentence.

Remission

• Remission is an incentive to a prisoner for his good behaviour and work.

• Ordinary remission is granted subject to Rules and as per the scale fixed for good conduct and

standard performance of allotted work.

• A prisoner who has not committed any prison offence during the period of one full year is eligible

for annual good conduct ordinary remission in addition to any other remission granted to him.

• Special remission may be granted to a prisoner for such service as protecting from attack or saving

the life of prison officials, prison visitors or inmates, preventing an attempt to escape, assisting

prison officials in fire outbreak, riot, strike etc.

• The State Government remission can be awarded from time to time on special occasions.

• The total of ordinary and special remission, excluding the State Government remission, granted

to a prisoner, shall not exceed one third of the sentence.

Ø Remission is not a right but a concession that can be granted or withdrawn.

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Redressal System

• There is a proper redressal system in place in the prison, wherein a prisoner can convey to the

authorities his grievances and problems.

• He can request or complain on any working day to the prison

authorities, normally through the complaint and suggestion

boxes in the prison.

• He can complain if discriminated on the basis of race, colour,

gender, language, religion, origin etc.

• He can put an anonymous note in these boxes regarding any

personal or institutional complaints or give any suggestions on

improvements in jail. They shall all be considered unless they

are evidently frivolous or groundless.

• His complaints shall be redressed within the stipulated time and a note taken of his suggestions.

• He is allowed a request or a complaint, without censorship, in the proper form to the central prison

administration, judicial authorities and other appropriate authorities through proper channel.

• He can personally approach the inspecting authorities during prison inspection and make requests

or complaints in the absence of the prison officials.

• A joint petition or complaint by a group of prisoner is not entertained by the prison administration.

Women prisoners

• The women prisoners shall be kept in a separate enclosure within the prison.

• Habitual women offenders shall be segregated from other women prisoners.

• They shall be looked after and searched by the women staff

only.

• Every woman prisoner shall be examined by the medical officer

in the presence of a woman Dy. Superintendent/Matron. Such

examinations shall also be conducted on readmission after bail,

parole or leave.

• Their special needs like pregnancy, childbirth and family care shall be adequately met and

attended by lady doctors.

• The deliveries of expectant mothers shall be conducted in maternity homes outside the prison.

If per chance a birth takes place in the prison, this fact shall not be mentioned in the birth

certificate of the child.

• A woman prisoner admitted to a prison with a child depending

on her for nursing or otherwise can retain the child with her till

the child is six years of age. She can also retain a child whom

no friend or relative can be found to take charge; or a child is

born while in prison.

• Women prisoners shall be provided a nursery for their children whenever they are not able to look

after them.

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• They shall be supplied with shikakai or soap to wash hair.

• They can retain their bangles, wear vermilion mark to their foreheads and wear earrings, nose ring

and a mangalsutra or its equivalent.

• They shall be provided suitable clothes for sanitary and hygienic purpose. Any woman prisoner

who so desires is permitted to buy sanitary napkins at her own cost.

• They will be provided literacy and other vocational training classes.

• They will be provided facilities for recreational and cultural activities.

Accompanying children

• Children below six years, who accompany their mothers in the

prison, are entitled to special crèches, where trained ayahs will

look after them.

• Such crèches shall be within the premises but outside the walls

of the prison.

• These children shall remain in the crèche while their mothers

are at work.

• Infants who take their mother’s feed shall be taken to their

mothers at appropriate times. If it is deemed proper the mother

can be allowed in the crèche at the time of the infant’s feed.

• The accompanying children should be provided with educational facilities.

• If need be, provision shall be made to send them to a school outside the prison.

• School books, bags and uniform shall be provided to the school going children.

• Special arrangements are made for a play school within the crèche for small children.

• These children will have periodic and regular medical check up.

• They shall be given special diet as recommended by the Medical Officer.

• These children have the right to proper security, safety and protection.

Undertrial prisoners

• The undertrial prisoners are entitled to separate accommodation.

• They have the right to bail, to prompt court hearing, access to lawyer and friends in preparation

of defence and special rights relating to food, clothing, work and visits.

• They are entitled to their own clothing and food. If they cannot afford, they shall be provided the

same. The clothing in such cases is different from the convicted inmates.

• They cannot be allotted any work unless they so desire.

• They can consult their own doctors.

• No restraint can be imposed on them beyond what is absolutely necessary to prevent escape or

unauthorized communication with persons within or outside the prison.

High Security prisoners

• The prisoners who pose a high risk to the society or the country at large shall be kept in special

high security enclosures away from other prison wards.

• They shall not be allowed out of their cells except at the time of distribution of food.

• Only one prisoner at a time will be taken out to distribute food and he shall be locked in

immediately after the food has been given.

• The facilities and privileges extended to prisoners undergoing simple imprisonment are denied

to them.

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APPENDIX – 2

Prisoner’s Private Cash Register of Convicted Prisoner/Other Prisoners

Date

Name and Register No. of

prisoner

Particulars of Receipt

Amount

Date

Particulars of expenditure

Amount

Balance

Signature or Thumb impression

of the prisoner

Initials of Dy. Superintendent

Initials of Additional Supdt.

Signature or thumb impression

of the prisoner on transfer or on

release

Total

Opening balance as on

Date

Amount

1

2

3

4

5

6

7

8

9

10

11

12

13

14

APPENDIX – 3

Register For Receipts and Disposal of Valuable Articles and Jewellery of Convicted/

/Unconvicted Prisoner

Register No. of prisoner

Date of admission

Name in full

Description of the article/

/jewellery

Estimatedvalue of the

article/ jewellery

Signature or Thumb

impression of the prisoner

Initials of Dy.

Superintendent

Initials of Additional

Supdt.

Date of disposal

How disposed

Signature or Thumb

impression of the prisoner

Initials of Dy.

Superintendent

Initials of Additional

Supdt.

Signature or Thumb

impression of the prisoner

on transfer or release

1

2

3

4

5

6

7

8

9

10

11

12

13

14

APPENDIX – 4

Register for clothing of convicted and unconvicted prisoners

Register No. of prisoner

Name in Full

Date of Admission

Name and description

of article

Estimated value

Date of release/transfer

to Jail

How disposed of

Signature or Thumb

impression of the prisoner

Initials of

Dy. Superintendent

Initials of Additional

Supdt.

Signature or Thumb

impression of the prisoner

on transfer or release

1

2

3

4

5

6

7

8

9

10

11

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APPENDIX – 5

LABEL FOR PACKETS OF VALUABLE ARTICLES, JEWELLERY, TRINKETS, SECURITIES AND

OTHER VALUABLES INCLUDING FOREIGN COINS

1. Register No. of the prisoner :-

2. Name of the prisoner :-

3. Sentence :-

4. Arrival in prison :-

5. Release Date :-

……………………….

Signature of the Dy. Superintendent

APPENDIX – 6

SUPERINTENDENT’S ORDER BOOK

Number and Date

Orders of Superintendent

Compliance Report of Dy.

Superintendent etc. on Superintendent’s

Order

1

2

3

APPENDIX – 7

HISTORY TICKET OF PRISONER

1

Name/Number of the prisoner :-

2

Age :-

3

Marks of Identification (if any) :-

4

A brief entry of every order passed and

direction

given

relating

to,

and

punishment inflicted on, the prisoner:-

5

A

brief

record

of

every

other

occurrence

of

any

importance,

affecting the prisoner, which takes

place

while

he

remains

in

confinement :-

6

The nature of the offence of which the

prisoner has been convicted and the

provision

of

the

law

applicable

thereto :-

7. Recording of entries by Medical Officer as specified under Rule 289 :-

prisoner's

weight on

admission

State of

Health of

prisoner

The class of

labour for

which the

prisoner is

fit, if

sentenced

to labour

Whether the

prisoner has

been

protected by

vaccination/

inoculation

for smallpox.

prisoner's

weight on

discharge

State of

Health on

discharge

Date of

discharge

Remarks (if

a convict is

disposed of

otherwise

than

discharged,

it should be

stated here

what

became of

the convict)

Medical Officer: …………………………

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8. Entries to be made by the Superintendent as specified under Rule 294 :-

(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 :

Superintendent………………………………..

9. Entries to be recorded by Officers as specified under Rule 293:-

(a)

The date of admission into prison:

(b)

The number and name of every article of clothing and

equipment issued on admission and later :

(c)

Particular

work

and

task

in

weight,

number

or

measurement, to which the prisoner is put :

(d)

Every change of work or task for reasons other than

medical :

(e)

Application for a copy of judgement, if the prisoner desires

to appeal :

(f)

Receipt of the copy of judgement :

(g)

Dispatch of appeal :

(h)

Substance of the order of the Appellate Court :

(i)

The fact of an appeal not having been made before the

expiration of the term allowed for appealing :

(j)

The amount of remission awarded quarterly :

(k)

The total remission in days earned up to the end of each

quarter :

(l)

Every prison-offence alleged to have been committed :

(m) Every interview allowed and the receipt or dispatch of

private letters :

(n)

Dispatch to a court, or transfer, discharge, escape or death :

(o)

Any recommendation of the Factory Manager or the Deputy

Superintendent :

(p)

Action

taken

on

any

order

entered

by

the

Superintendent :

(q)

The number of cells in which placed on account of warrant

confinement :

(r)

The total confinement undergone on warrant on each

occasion of removal, etc. :

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Initials by :

Assistant Superintendent

[(a), (b), (e), (f), (g), (h), (i), (j), (l), (m), (n), (q),(r)]

Deputy Superintendent

(k), (o)

Medical Officer

(c)

APPENDIX – 8

MEDICAL CASE SHEET

(i) Details of the vaccination given and the result

:

(ii) Admission to and discharge from hospital

on every occasion, with the disease

for which admitted

:

(iii) Admission to and discharge

from the convalescent group

:

(iv) Any complaint made by the prisoner of sickness

or report of his sickness

:

(v) The action taken on any direction or

recommendation of the Medical Officer or

Medical Subordinate

:

(vi) The fortnightly or weekly measurement of weight :

(vii) Any other directions or recommendations,

from time to time considered necessary

:

Initials by:

..........................

( Medical Officer )

APPENDIX - 9

Admission register for convicted prisoners/convict register

Register showing the admission entries and description of Convicted prisoners in the prison/Jail during

the year 20…….

1. Number of the prisoner :

2. Name of the prisoner (in full) :

3. Nationality-Caste :

4. Religion :

5. Age and height on sentence :

6. Finger impression taken or not :

7. Marks of identification: (indelible marks to be given here) :

8. City or Village, Taluka and District :

9. Home Address :

10. Name and address of next of kin :

11. Previous occupation :

12. Able to read and write or illiterate :

13. Details of previous convictions :

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Serial No. and date of Offence

Offence

Length and Nature of

Sentence

Sentencing

Authority

1

2

3

4

1st on

2nd on

3rd on

14. Details of present conviction:

(i)

Section and Act under which convicted.

(ii)

Sentencing authority.

(iii)

Date of sentence.

(iv)

Date of arrival in prison.

(v)

Nature of Punishment (R.I./ S.I.)

(vi)

Length of sentence.

(vii) Solitary confinement and dates on which it has been carried out.

(viii) Fine or sentence in default.

15. (a) Date of receipt of intimation of payment of fine from Magisterial authorities and amount.

(b) Date of receipt of fine by Deputy Superintendent and amount.

16. Date of release on expiry of sentence in default of payment of fine.

17. Date of release in part of full payment of fine.

18. Date and result of appeals.

19. Date of S.R.B. and Result of S.R.B. (Sentence Review Board).

20. Due date of fourteen years report.

21. Result of fourteen years report.

22. FURLOUGH

Release

Remarks

Period

Total Number of

days

Date of

release

Date of

surrender

Over Stay

Authority

1st

2nd

3rd

4th

23. PAROLE

Release

Remarks

Period

Total Number of

days

Date of

release

Date of

surrender

Over Stay

Authority

1st

2nd

3rd

4th

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24. MODIFICATION IN DATE OF RELEASE

Date initials of

Superintendent

Nature

Authorities

Period

modified

Date of

release

Assistant

Clerk

Judicial Dy.

Supdt.

25. How disposed of (Date to be entered)

(i)

Expiry of sentence

(ii)

Payment of fine

(iii)

Transfer to other prison

(iv)

Bail

(v)

Remission

(vi)

Sickness or other grounds

(vii) Transfer to Mental Hospital

(viii) Escape

(ix)

Execution

(x)

Death

(xi)

Appeal

26. Intended place of residence(to be entered when furnishing information to Police about

habitual)

27. Initials of Clerk

Judicial Dy. Superintendent.

Additional Superintendent

Superintendent

APPENDIX - 10

ADMISSION REGISTER FOR UNCONVICTED CRIMINAL PRISONERS

1. Register No.

…

2. Name in full

…

3. Native Place (City, Village, Taluka and District) and address of next kin ...

4. Occupation

…

5. Age

…

6. Height

…

7. Physical equivalent and

Weight on admission

…

8. Identification Marks…

9. Date of arrest

…

10. Date of admission to prison…

11. Remarks of the M. O. about marks of beating or violence on the body of the prisoner, if any, at the

time of admission …

12. Health on admission

…

13. Offence of which accused …

14. By whom committed

…

15. Date of remand

…

16. Date of final disposal

…

17. How disposed of

…

18. Remarks about escape, date, the register number allotted on conviction

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19. Initials of Deputy

Superintendent

Initials of Assistant

Superintendent

Initials of Superintendent

on admission

20. Initials of Deputy

Superintendent

Initials of Assistant

Superintendent

Initials of Superintendent

on admission

APPENDIX–11

Release diary as of ………………. Day of …………. 20

Sr. No.

Register No.

Name of convict with father’s name or…

(Names of women to be entered in red ink)

Date of sentence

Period of sentence including fines i.e. such

fines as have not

been paid before admission into the prison

On admission of convict or transfer of entry

from another

page initials of

On transfer to another page of convict’s name

or certifying

to the convict on proper date, initials of-

Amount paid to convict on release

Place to which convict has to travel to enable

him to reach his home

Allowances (if any) granted

Articles of jewellery handed over on release

Register no. of prisoner due to surrender to Jail

to-day

Remarks to whether the prisoner surrendered

or otherwise

Initials of Dy. Supdt.

Judicial Dy. Supdt.

Addl. Supdt

Judicial Dy. Supdt.

Addl. Supdt

Wages

Private cash

By rail (given

name of station)

by road (state

number of km.)

Cost of lowest class

ticket by railway

Subsistence

allowances

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

APPENDIX – 12

Remission Register/Sheet

Prisoner’s Name……………………………… Prison……………………………………. Sentence …………………................

Prisoner’s Number………………………………………….

Date of Commencement …………………...............

Date of Release……………………….………...........

Month

Ordinary

Remission

Remission for

conservancy jobs

Annual good

conduct

Remission

Special

Remission

State

Government

Remission

Date of Grant

Forfeiture

Balance

Initials of

Deputy

Superintendent

Initials of

Additional

Superintendent

Initials of

Superintendent

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12

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APPENDIX – 13

Proforma for Health Screening of prisoner on Admission to Jail

Case No.

Name……………………………..Age……. Sex ……….. Thumb impression ……………..

Father’s/Husband’s Name …………………...………… Occupation ………………………..

Date & Time of admission in the prison ………………...…………………………….………

Identification marks ………………………………………..…………………………….………

Previous History of illness

Are you suffering from any disease?

Yes/No

If so, the name of the disease :

Are you now taking medicines for the same?

Are you suffering from cough that has lasted for

Yes/No

3 weeks or more

History of drug abuse, if any:

Any information the prisoner may volunteer:

Physical examination:

Height............. cms. weight............ kg. Last menstruation period ............

1. Paller : YES/NO 2. Lymph Mode enlargement: YES/NO

3. Clubbing: YES/NO 4. Cyanosis: YES/NO

5. lcterus: YES/NO 6. Injury, if any........................

4. Blood test for Hepatitis/STD including HIV, (with the informed consent of the prisoner whenever

required by Law)

5. Any other .............................................................................................................................................................

Systemic Examination

1. Nervous System

2. Cardio Vascular System

3. Respiratory System

4. Eye, ENT

5. Castro Intestinal system abdomen

6. Teeth & Gum

7. Urinal System

The medical examination and investigations were conducted with the consent of the prisoner after

explaining to him/her that it was necessary for diagnosis and treatment of the disease from which

he/she may be suffering.

Date of commencement of medical investigation

Date of completion of medical investigation

MEDICAL OFFICER

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APPENDIX – 14

Register for Out-Patients

Nominal register of hospital out patients in the _______________ prison at _____________________

Consecutive Number

Register under

Name

Sex

Work on which employed

Month

Date of discharge

Cured

Admitted as in-patient

Relieved

Otherwise

Initials of Medical Officer in

token of weekly examination

Date

Total invalid

Gang

Total of

Out-patients

Total

attended

Disease

Date of admission and attendance as

out-patients

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

21

22

23

Appendix – 15

Register of In-patients

Serial Number

Register number

Name

Class

Sex

Age

Block, ward or cell

Sentence of order

Date of sentence, order or committal

Length of imprisonment undergone

Work on which employed

Disease (to be entered and initialled

by Medical Officer)

Date on which brought under

observation

Date on which admitted to hospital

Result whether discharged cured,

placed in invalid gang

Date on which discharged from

hospital

The date, in case of death

Reference to page of Hospital Case

Book

Initials of Medical Officer in token of

correctness of entries

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

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APPENDIX – 17

CASE SHEET (TREATMENT & DIET)

Class of prisoner with register number and name:

Date when first brought under treatment:

Address

Date of admission to hospital:

Age

Date of discharge from hospital:

Disease:

Month and Date

Particulars of the Case & Treatment adopted

Diet and extras ordered

APPENDIX – 18

Case Book (Procedure on death of a prisoner)

Register Number and Name of patient –

Present disease

Class of prisoner with nature and length of sentence (if convicted)

State of health on admission to prison.

Weight on admission to prison.

Weight on admission to hospital.

If sentenced to R.I., whether admitted from invalid gang or otherwise.

If previously an out-patient, give dates.

If previously an in-patient, refer to last page of Case-Book.

INSTRUCTION.— In the event of death, closing entries should contain

a record of the particulars required by section 15 of the prison Act,

1894 under the Medical Officer’s signature.

Month and Date

Particulars of patient’s previous health, state on present admission,

treatment and diet, with daily initials of Medical Officer.

APPENDIX – 19

Interview Register

Serial No.

Date

Time

No. & Name of prisoner to be

interviewed

Name of the interviewer

Relationship with prisoner

Address of the interviewer

Occupation of the interviewer

Purpose of interview

Whether interview is due, or

whether extra interview granted

Signature/thumb impression

of the interviewer

Signature of the Dy. Supdt.

conducting the interview

Signature of the Superintendent

1

2

3

4

5

6

7

8

9

10

11

12

13

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APPENDIX – 20

SHEET FOR PRISONER SENTENCED TO DEATH

Date of execution by Sessions Judge

1. Register No.

2. Name

3. Neck measurement

4. Weight

5. Result of medical examination, special points, etc.

6. Date of sentence by the Court of Sessions

7. Date of appeal to the High Court of Judicature at Mumbai

8. Date of decision of the High Court

9. Date of petition for special leave for appeal to the Supreme Court

10. Date of appeal to the Supreme Court

11. Date of decision of the Supreme Court

12. Date of submission of mercy petition

13. Date of result of mercy petition

14. Final date of execution

15. Length of drop required

APPENDIX – 21

Case History of Prisoner Sentenced to Death

1. Name :

2. Number :

3. Age :

4. Sentence :

5. Section :

6. Habitual or casual :

7. Legal history and statement of the prisoner regarding present and previous crimes, if any

8. Social History :

a. Childhood

b. Family History

c. Health history

d. Neighbourhood

e. Educational background

f.

Adolescence

g. Economic background

h. Employment history

i.

Associations, companionship, etc.

j.

Habits, aptitude, etc.

9. Personality (general impression only) :

10. Clues regarding sequence of criminal behaviour :

11. Is he a social or individualised criminal? Is he an ordinary criminal or careerist or professional

criminal or organised Criminal? Is his criminal act behaviour of the moment or eruptive behaviour?

12. Is his maladjustment at the surface level or at the deep emotional level?

13. His defects and weaknesses:

14. His assets:

15. Which are the favourable and unfavourable points for his rehabilitation?

16. Suggestions about reference to experts like psychiatrist, etc.

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17. Indications about other sources from where information about the inmate’s social background can be

available. Suggestion about additional material to be collected.

18. Date on which case history was prepared …..….…………………….…………................

prison ………………………………………………………………………….........................

APPENDIX – 22

Report of execution of prisoner sentenced to death

I hereby certify the sentence of death passed on __________ by the Court of Sessions in Case

No............................ and confirmed by the High Court vide order No................................ dated.....................,

has been duly executed and the said ___________ was hanged by the neck until he was dead at ____on

the ___ day, of the month of ......, 20...

(Sd.)

Medical Officer

(Sd.)

Superintendent

(Sd.)

Executive Magistrate

APPENDIX – 23

Register of escapes

Serial No.

Register No. of prisoner

Name of prisoner

Crime

Date of sentence

Number of previous

conviction

Date of escape

Full

particulars

of escape

and when

and from

whose

charge the

prisoner

escaped

Result of

enquiry

before

competent

authority

and whether

the warder

or other

prison

official in

charge was

punished

Date of recapture

Remarks

1

2

3

4

5

6

7

8

9

10

11

APPENDIX - 24

Form of application for release on parole/furlough

To,

The Inspector General of Prisons, Panaji-Goa.

Sir,

I, the below named convict confined at Central Jail, Colvale/Sub Jail Sada Vasco, hereby apply for

parole/furlough for ……………….. days. The details are given herebelow:—

1. Name of the prisoner :

2. Name of the father/spouse of the applicant :

3. Address of the applicant :

4. In case the application is being moved by a family member, the details of relationship with the

convict :

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5. Whether any other application of the convict is pending for parole or furlough.

6. Last confirmed address of the convict; and

7. Reasons for seeking parole/furlough.

8. Proposed address where the convict wishes to stay during parole/furlough.

Yours faithfully

Signature of prisoner

Signed by the prisoner before me

Dy. Superintendent ………..prison

Dated: ………………. day of …… Month………….,20….

The prisoner confirms that the facts stated by him are true. He is prepared for the action that may be

taken against him if they prove to be false.

Superintendent,

……………….prison,

IMMEDIATE

No. ............... of prison

Dated:............. 20.....

Forwarded to the Director General of Police, Goa, Panaji

With a request to make immediate enquiries to ascertain if the ground or grounds on which parole is

applied for is or are genuine and to submit his report immediately to the Inspector General of Prisons,

Goa, Panaji, mentioning inter alia whether he recommends the grant of parole and, if so, for what

period, and also whether there is a likelihood of breach of peace if the prisoner is released on parole.

Superintendent……………….prison.

APPENDIX-25

Nominal Roll

1

Name

:

Parentage

:

:

Age

2

Residential Address

:

3

Grounds for

Forwarding Nominal Role

:

4

Case Details

:

FIR No.

Under Section

Police

Station

5

Convicting Court

:

6

Date of Sentence

:

7

Quantum of Sentence

:

8

Status of Appeal

:

9

Details of Judicial Custody Period

Period

:

Years

Months

Days

From

To

:

Undertrial

:

Convict

:

10

Sentence undergone including Under Trial period

as on

:

11

Total Remission Earned

:

12

Unexpired portion of sentence

:

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13

Physical condition & details of OPD visit(s), if any

:

14

Labour Allotted

Work Report

:

15

Violation of Goa prisons Rules

(Copy of punishment ticket enclosed)

:

16

Jail Conduct for the last one year

:

17

Details of Bail/Parole/Furlough availed

:

18

Report of misconduct during interim Bail/Parole/

/Furlough (if any)

19

Details of pending case (if any)

20

Details of convicted cases (if any)

21

Detail of co-accused

The above said information have been checked from the Jail Record and found correct.

Asst. Superintendent

Central Jail/Sub Jail at ________

Dy. Superintendent

Central Jail/Sub Jail at _________

Recommendations of the Jail Superintendent if any:-

Superintendent

Central Jail/Sub Jail at _________

Dated:

Place:

APPENDIX – 26

Order of release on parole/furlough

No................................

In exercise of the powers conferred by Rules 1331 and 1342 of the Goa Prisons Rules, 2006, the

Governor of Goa/Inspector General of Prisons, Goa, hereby orders release of………………….., prisoner

No.: …………… for a period of ............................ days with effect from the date of release on

furlough/parole, subject to the following conditions, namely:—

(To be filled in)

Signature and Designation

Date:

Place:

“I hereby accept and agree to abide by the above conditions of the order of release on

furlough/parole and I acknowledge that should I fail to fulfil any of these conditions, the Sanctioning

Authority, Competent Authority may revoke the order of release and forfeit the amount of security

furnished by me, and I may be arrested by any Police Officer without warrant and remanded to undergo

the unexpired portion of my sentence; and I further acknowledge that should I fail to fulfil any of these

conditions, I am liable to be punished, on conviction, with imprisonment for a term which may extend to

two years or with fine which may extend to Rs. 1,000 or with both”.

Signature of the prisoner

Dated this………….. …… day of .................... 20…..

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Certified that the foregoing conditions were read over and explain to the prisoner and accepted by

him in my presence.

Signature of the Superintendent

Dated this………….. …… day of .................... 20…..

Witnesses

1.

2.

APPENDIX – 27

Personal Bond

Whereas I (name) ………… son of ……………inhabitant of (place) …………………….. have been

sentenced to undergo imprisonment for the term of ………………. years.

And whereas the Governor of Goa/Inspector General, Goa, has been pleased to release me on

parole/furlough for the term of ………………………………, commencing from …………………..and

ending on………………….……… on condition of my executing personal Bond for my appearance on the

following date viz.,…………………… I hereby agree, with and bind myself unto the President of India to

abide by the conditions mentioned in the Schedule* attached and further agree to appear and surrender

myself before the Superintendent of……….. prison at……………. O'clock on the following date viz.,

………………. and in case the period of parole/furlough is extended, then on the date following the date

of expiry of such extended period of parole/furlough and in case of my making default herein, I bind

myself to pay to the President of India a sum of Rs…………… and I agree that the Government may,

without prejudice to any other rights or remedies, recover the said sum from me as an arrears of land

revenue.

Signature of the prisoner

Dated this…………… day of………………, 20….

Before the

Superintendent, prison.

Signature of the Superintendent

Schedule* (To be filled in)

* The conditions of the release should be attached to this Bond as a Schedule.

APPENDIX - 28

Bond giving cash security

Whereas I…………………… son of …………………. inhabitant of ……………………. have been

sentenced to undergo imprisonment for the term of……………………. years.

And whereas the Governor of Goa/Inspector General of Prisons, Goa, has been pleased to release

me on furlough/parole for the term of ……………..………. commencing from…………..………. and ending

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on ………………… on condition of my giving a cash security for my appearance on the following date viz.,

……………… I hereby agree, with and bind myself unto the President of India to abide by the conditions

mentioned in the appended Schedule* and further agree to appear and surrender myself to the jail

authorities at …………at ……………. O'clock on the following date viz., ……………. In case the period of

furlough/parole is extended then on the date following the date of expiry of such extended period of

furlough/parole and in case of my making default herein, I bind myself to pay/forfeit to the Government

the sum of Rs. ……

Signature of the prisoner

Dated this…………… day of………………, 20….

Before the

Superintendent, prison.

Signature of the Superintendent

Schedule* (To be filled in)

* The conditions of the release should be attached to this Bond as a Schedule.

APPENDIX – 29

Surety Bond

I, ………………. son

of……………

inhabitant

of ..……….. hereby declare myself surety

for…………………. prisoner No. …………… and give the guarantee that he shall duly observe the

conditions of release on furlough/parole set out in the Schedule* and shall appear himself before the

Superintendent………… of prison at ………….. on the expiration of the period of his release on

furlough/parole and in case of his making default herein, I hereby bind myself to pay to the President of

India, the sum of Rs. …………

And I agree that the President of India may, without prejudice to any other rights or remedies of

Government, recover from me the said sum as an arrears of land revenue.

And I agree that any extension of time given to prisoner ………… will not discharge me from

my liability to pay the said amount.

Dated this ………………. day of ……………., 20….

Signature of the Surety.

Signed by the above named Surety in the presence of :

1.

2.

*Schedule .

(To be filled in)

*The conditions of the release should be attached to this Bond as a Schedule.

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APPENDIX – 30

Report from Superintendent Police/District Magistrate

1. Prisoner’s and his father’s or her husband's name :

2. Prison where confined :

3. Offence :

4. Sentence :

5. Date of sentence :

6. Date(s) of release on Parole/Furlough :

7. Antecedents and character of the prisoner :

8. Remarks about conducts of the prisoner

while out on Parole/Furlough :

9. Recommendations for or against

the premature release of the prisoner :

10. (Full justification to be given in case release is not recommended

In-spite of the prisoner having good past record

during releases on Parole/Furlough) :

11. Conditions which need to be imposed

if prisoner is to released prematurely :

District Magistrate/District Superintendent of Police/

/Director General of Police

APPENDIX - 31

Medical Certificate

I hereby certify that Shri …………………………………………………… convict prisoner

No. …………………………………… is suffering from ...................................................…......... and that there

is no hope of his recovery either in or outside the prison. His illness is such as to

in-capacitate him absolutely from the commission of further crime and has not been produced or

aggravated by any wilful act on the part of the prisoner. In my opinion he will probably die within

............................. month/s.

.......................................................

Signature of Medical Officer

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929

APPENDIX - 32

Account of Common Victims Compensation Fund

Date

Name & Registration No. of prisoner

Particulars of employment of prisoner

Wages payable for the day

Date of employment or task

Particulars of earnings for the month

Victim compensation fund realization 50%

of he earned wages

Amount disbursed to victim or legal heir

Date of disbursement

Name of victim or his legal heir

Particular of amount deposited in Bank

Initials of Dy. Superintendent

Attestation by Superintendent

30% amount towards bank deposit

30% amount towards legal expenses, if any

Remaining amount at the disposal of prisoner for

purchase of item, if any

Amount remained undisbursed

Total amount deposited in the bank in favour of

the prisoner for the month ending

Remarks

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

APPENDIX - 33

General Ledger for Receipts – Abstract Register

RECEIPT

Date

Short

Particulars

Amount

Cash Book

Folio

Progressive

Total

Remark

1

2

3

4

5

6

7

APPENDIX - 34

General Ledger for Expenditure – Abstract Register

EXPENDITURE

Month

Short

Particulars

Amount

Cash

Book Folio

Progressive

Total

Remark

1

2

3

4

5

6

7

APPENDIX – 35

Case History Form w.r.t. Semi-open & Open Prison

1. Name of the prisoner.

2. Age.

3. Sentence.

4. Case particulars.

OFFICIAL GAZETTE — GOVT. OF GOA

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930

5. Criminal History and statement of the prisoner regarding present and previous crimes, if any.

6. Social Investigation Report of the Welfare Officer.

7. Personality (general) impressions only.

8. His adjustability.

9. His defects and weaknesses.

10. His assets.

11. Which are the favorable and unfavorable points for his lodgment in semi-open or open prison?

12. Copy of nominal roll.

RECOMMENDATION & SIGNATURE

SUPERINTENDENT PRISON

DATE .....................

APPENDIX - 36

Letter to relatives of prisoners

(Under certificate of posting)

Dear Sir/Madam

Prisoner …………………… is admitted to this Prison and his prison number is …………… He is

allowed to interview his relatives or friends once a month/fortnight. You can interview him/her on any

week day, except Sundays and holidays between .................. a.m. to ................... p.m. You may also write

to him/her by post at any time c/o. Superintendent …………………………………… Prison ,…………………

Pin Code …………….. The prisoner is allowed to write only two/four letters per month provided his

conduct in prison is good. The interviews and letters must be restricted to domestic matters only. No

eatables and other articles should be sent to the prisoner or given to him/her at the time of the interview.

You may, however, send to the prisoner ‘money’ by money order for his/her use.

Yours faithfully,

Signatures of Superintendent

APPENDIX – 37

Register of movement/visits to women’s section

Date

Name of

the

person

visiting

and

purpose

in brief

Hours of

Particulars

and purpose

in brief on

taking a

women

prisoner out

of prison

Hours of

Initials of

Entering

prison

Leaving

prison

Removal

from

prison

Return

back to

prison

Women

Dy.

Supdt./

matron

Dy.

Supdt.

Supdt.

1

2

3

4

5

6

APPENDIX – 38

Oath of Allegiance

I, Shri/Smt./M/s._________________________ Designation ____________ do swear/solemnly affirm

that I will be faithful and bear true allegiance to India and to the Constitution of India as by law

established, that I will uphold the sovereignty and integrity of India, and that I will carry out the duties

of my office loyally, honestly, and with impartiality.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 16

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931

“(So help me God)”

Dated :-______________

Signature :_______________________

Place :_________

Name :__________________________

Designation :_____________________

Oath/affirmation taken/made before me.

Competent Authority

APPENDIX – 39

MATRIX OF MANDATORY DATA SETS TO BE SHARED AS PER LAW IN THE INTEGRATED

CRIMINAL JUSTICE SYSTEM

From

Police

Courts

prisons

Prosecution

FSL

Police

 FIR Details (IIF

– I) – with copy

of FIR Arrest

Details (Arrest

Memo) (IIF-III)

Accused Details

(IIF-I&III)

 Victim Details

(IIF-I & V)

 Property

involved in

Crime (IIF-I &

IV) Property

Seizure Details

(IIF-IV) Witness

Details (IIF-V)

 Witness

verification

details

 Charge sheet/

Final report

(IIFV)

Supplementary

charge-sheet

 Bail by Police

Details

 Criminal history

of Accused

including

previous

convictions, if

any

 Custody details

in other matters

Transit remand

details, if any

 Investigation

details

 Categorization of

prisoner

 Arrest History,

 whether prone to

escape

 Details of Police

Escort team with

vehicle no Copy of

FIR

 Police report of

 Parole/ Furlough

 Details of Escape

attempts from

police custody

 Photograph &

finger prints of

accused

 Police custody and

transit remand

order

 Post mortem report

(for prisoner who

dies in prison

custody) on request

basis

 Request for

legal

 Opinion and

advice Draft

charge sheet

along-with all

documents

annexed

Compliance of

the points raised

in this scrutiny

 Documents

related to case

 All evidences

 Police custody

request and

remand request

papers along-

with

 Status of the

investigation

 Reply of Bail

 Application

along-with status

report and

progress of the

investigation

 The service of

process on the

witnesses

 The status &

details of the

defence

witnesses

 Property, sample

with sample seal

hereof for

examination

 More info required

for examination

 Control

requirements

 Scene of crime

report

 Any further

examination

required in the case

 Info about lie

detection

examination

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 16

(SUPPLEMENT)

15TH JULY, 2021

932

From

Police

Courts

prisons

Prosecution

FSL

 Notice/

Warrants/

Summons

against Accused

in other matters

 Reply of bail

application

 Case property

disposal form

 Preventive

Action

(Kalandras)

 Details of

Personal Search

 Case Property

release and

Personal Search

release

 Application

submitted for

TIP of accused

and case

property FSL

report

Permission of 39

Arms Act with

FSL report

Report/response

on misc.

applications/

/queries

Courts

 Case

details

 Transfer of

case from

one court

to another

due to

abolition/

/creation of

Court or

otherwise

 Act &

Sections

with

Nature of

case if

different

from the

FIR/Charge

-sheet and

Charges

framed

 FIR/Charge

-sheet and

 prisoner Details (as

per Court Record

 Conviction details

with sentence

 already undergone

Act & Sections with

Nature of case (as

per Court Record)

and Charges framed

 Details of hearing

with attendance of

prisoner

 Release Order

details

 Notices/queries and

response on queries

from prison

 Bail status with

surety details

 Detail of Complaints

made by prisoner in

the Court

 Victim’s details (for

acceptance of

 Case details

 Transfer of case

from one court to

another due to

abolition/

creation of Court

or otherwise

 Act & Sections

with Nature of

case if different

from the

FIR/Charge-

sheet and

Charges framed

 Summons/Notices

/warrant

 Proceeding

details(Daily

orders) with next

date

Prosecution/

Defence/ Court

Witnesses

appeared

 Date of expert

evidence

 Priority of cases

(undertrial, senior

citizen etc.)

 Intimation of

judgments in

cases where

experts were

examined

 Intimation of

judgment

delivered

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 16

(SUPPLEMENT)

15TH JULY, 2021

933

From

Police

Courts

prisons

Prosecution

FSL

Charges

framed

 Summons/

Notices/

warrant

 Prosecution

/Defence/

/Court

Witnesses

appeared

 Prosecution

/ Defence

Court

witnesses

due for

deposition

 Reports

required by

Court

Proceeding

details

(Daily

orders)

with next

date Order/

Judgment

details

 Bail status

with Surety

details

compensation)

Prosecution/

Defence/ Court

Witnesses due

for deposition

 Bail status with

Surety details

 Order/

Judgment

details Reports

required by

Court

Prisons

 Accused

prison

Details

 Bail/Parole/

furlough

release and

reporting

details

 Escape/mis-

conduct/

crime in jail

 Details for

lodging FIR

 Transfer of

Final

release

details

 Request for

transporta-

tion

 Details of prison

where Accused

is kept or

shifted to

 Reason for

nonproduction

of the inmate

 Other

conviction

details of the

accused

 Period spent in

custody in a

particular case

 Future dates of

production/

hearing in other

cases of the

accused

 Report/

response on

misc.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 16

(SUPPLEMENT)

15TH JULY, 2021

934

From

Police

Courts

prisons

Prosecution

FSL

applications/

queries

Prosecu-

tion

 Scrutiny

report/

Advice on

case

 Details of

prosecutor

Case

proceeding

briefing

 Status of

the case in

higher

court

 Present

whereabouts of

prosecution’s

witnesses

 Service of

processes on

witnesses

 Details of

Preoccupation

of Govt.

witnesses with

other courts

 Status of the case

in higher court

FSL

 Examina-

tion report

of sample

 FSL Reports

 Details of

Preoccupation

of FSL experts

in other courts

 Expertise

available at

respective labs

 FSL Reports

 Expert details

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