THE ASSAM PRISONS ACT, 2013

.. ' Registered No.-768/97 \bt~lt ~~~~ THE ASSAM GAZETTE ~~q­ EXTRAORDINARY ett~ <P(w~ ,~ ~ PUBLISHED BY THE AUTHORITY °if~ 217~~. ~130 ot',2013, 9 ~. 1935 ~) No.217 Dispur, Thuresday, 30th May, 2013, 9th Jaistha, 1935 (S.E.) GOVERNMENT OF ASSAM ~ '"1 . . • ORDERSBYTHEGOVERNOR .. 1 ,,) " - .f ;. LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH ' I NOTIFICATION The 30th May, 2013 No. LGL.124/2011/5.-The following Act oftheAssamLegislativeAssemblywhich received <' the assent of the Governor is hereby published for general information. ASSAM ACT NO. XV OF 2013 (Received-the assent of the Governor on 20th May, 2013) THE ASSAM PRISONS ACT, 2013 ' ' 1358 THE ASSAM Gf\ZEITE, EXTRAORDINARY, MAY 30, 2013 Preamble Short title, extent and commen­ cement AN ACT to consolidate the laws relating, to prisons, a'1d persons detained therein in the State of Assam. Whereas it is expedient to c6nsolidate the existing law relating to prisons and persons detained therein to ensure humane care and to protect the human rights of the offenders as well as other persons committed to prisons; and to provide correctional treatment and guidance to the offenders committed tO prisons so as to facilitate their rehabilitation as law­ abiding, responsible and useful members of society; and to provide statutory support and . guidelines for pursuing the humanitarian, correctional and rehabilitative objectives of the prison organization in the State of Assam; It is hereby enacte~;Jn the Sixty - fourth Year of the Republic of India as follows: -- CHAPTER I PRELIMINARY 1. (1) This Act may be called the Assam Prisons Act, 2013. (2) It extends to the whole of the State of Assam. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Definitions 2. In this Act, unless the context otherwise requires, -- (1) "State" means the State of Assam; (2) "State Government", means the Government of Assam;- I' 1. I I : . I: : : i i ' I THE ASSAM GAZETTE, EXTRAORDINARY, MAY30, 2013 1359 (3) "appropriate Govemmentn, in relation to suspension, remission or commutation of sentence means - (a) in cas3s where the sentence is by· a Court Martiall the Central Government or any officer of the Armed Forces of · the Union empowered under any law in force to suspend, remit or commute a sentence passed by a Court' Martial; and (~) in cases.where ~he sentence is by a· Court t?ther than a Court Martial, - . (i) if . ~he sentence is of death or is for an ,~· offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and .. (ii) if the sentence, whethe~, of death or not, is· for an offence against any law relating to a matter to which the executive power of the State extends, the , Gov'emment of the ,. ; , State or. Union Territofy within which the sentence is passed; (4) "court" includes any officer or authority empowered to commit a person to prison by any writ, warrant or order under any law in force including any law providing for preventive detention; I (5) "prison", which is synonymous with "jailn, means an institution established and so declared under section 3 for the detention and correctional · treatment of offenders and for the detention of such other persons as may be committed to custody un'der any law, but does not include - (a) any place used or appointed for the detff:tntion of persons exclusively in the custody of the police; 1360 THE ASSAM G,AZETTE,>EXTRAQROIN;\R.Y, MA y ;30, ~013 . (b) any place:' specially appointed, by, ,the State. Central · · Act 2 of GO\'.ernment under sectior.i •417 .of the Cqde of 1914 Criminal Procedure, 1973; (c) any institution established under the Assam Assam Borstal Institution Act, 1968;_ · Act 1 of 1969 (d) · any institution established 'Of". certified or Central recognized under the Juvenile Justice (Care & Act 56 of 2000 Protection of Children) Act, 2000. (6 ) "central jail" means a class of prison meant for centralised detention and correctional treatment of offenders sentenced ., to· · relatively long . terms of imprisonment and also for detention of. such other class or classes of persons as specified by · rules made under this Act and orders made under such rules; (7) "district jail" means a class of prison meant for detention· of al.I classe.s of per$ons committed by the Courts of a district or a sub~ivision thereof; (8) "sub-jail", which is ·synonymo~s with "subsidiary jail'~; . means a class .·of •. prison meant for detention of undertrial persons committed by-the Courts of a district or a sub-division thereof; (9) "special jail" means a class of prison meant for detention of, such,, class. or cl.asses of perso~s as specified by rules made under this Aqt af'!d orders mad~. under $_Uch rules; (10) "ppen jail" meaRsv.~ cl~.ss of .prison ~)th a demarcated .periphery but withqvt aoy high enclosu(e wall and meant . .for detentio'1 of qffenders sentenced to relatively long terms of imprisonment, after satisfactorily serving .a part of _such imprisonment Jn closed prisons, with a view to developing their sense of responsibility, self­ diseipline-and self-esteem prior.to release from prison; ' . - ·' .. . . . .... (11) "?Jffence" means an act or omissiqp punishable . tp under any law in force; I ! J I 1 ! : i , 1 I I .. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 (12) "offender" means a person convicted of any offence; (13) "prison offence" means such act or omission on the part of an inmate as specified in section 70 and . made punishable under section 71 and sub-section (1) of section 74; (14) "inmate• means a person detained in prison under the writ, warrant or order of any Court; (15) "adult inmate" means an inmate who has attained the age of twenty-one years; (16) "adolescent inmate" means an inmate who has attained the age of eighteen years, but has not attained the age of twenty-one years; (17) "convicted inmate" means an inmate under a sentence of death or imprisonment imposed on conviction by a Court exercising criminal jurisdiction or by a Court Martial, and includes a person committed to prison in . default of furnishing security to keep the peace or be of good behaviour under section 122 of Chapter VIII of the Code of Criminal Procedure, 1973, or in default of ~~n~~f payment of maintenance under section 125 of Chapter IX 197 4 of the said Code; (18) "undertrial inmate" means a person accused of an offence and committed to prison by a Court exercising criminal jurisdiction or by a Court Martial pending the investigation, inquiry or trial of such offence: (19) ucivil inmate" means a person . committed to prison by a Court exercising civil jurisdiction or by an officer under any law relating to recovery of public demands; (20) "detenu" means a person committed to prison under any law providing for preventive detention; 1361 ·t ·' I ;f _13_6_2 ____ T_H_E_A_SS_AM __ G_AZ_E_'I_l_'E.;_, E_XTRA_· __ O.;....RD_ IN_AR_· _Y.:....:., MA~Y.:....:....30:.:.' .:..20:..:l.:.3 _____ ~ (21r"inmate of unsound mind" means - (a) a person accused of an offence, who is alleged to be of unsound mind and Is committed to prison under section 328 of the Code of Criminal Procedure, 1973 pending medical examination, or (b) a person accused of an offence, who is Central Act 2 of 1974 found . to be of · unsound mind and Central consequently incapable of making his Act 2 of 1974 defence and is committed to prison under section 330 of the Code of Crimin~! Procedure, 1973 for safe custody, or (c) a person acquitted of an offence on Central grounds of unsoundness of mind, who is · Act 2 of 1974 committed to prison under section 335 of the Code of Criminal Procedure, 1973 for safe custody, or ' •f (d) a· convicted inmate who is found to be of · .. unsound mind; (22) "separate confinemenr means such confinement as secludes an inmate from .communication with, but not from the sight of, other inmates, and allows him not less than one hour's exercise· per day and to have his meals in association with one or more other inmates; (23) "Imprisonment" includes imprisonment for Jife; (24) "imprisonmenHor life" means imprisonment fpr the entire life of ·the ,person under sentence of imprisonment for life, unless such sentence is remitted earlier by the appropriate Government; (25) "prohibited article" means an article, the introduction or removal of which Into or out of a prison is prohibited byany rule made under this Act; ·~. .. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1363 (26) "history ticker means the ticket exhibiting such information in respect of an inmate as is specified under this Act or prescribed by rules made thereunder; (27) "remission" means a concession granted under the provisions of section 65 to a convicted inmate, as a consequence of which ·the sentence of imprisonment, except where the sentence is one of imprisonment for life, of the inmate is shortened; (28) "furlough" means the temporary conditional release of a convicted inmate on leave or on emergency grounds granted under the provisions of section 66; (29) "parole" means the premature conditional release of a convicted inmate granted under the provisions of section 67; (30) "day-release" means conditional release of a convicted inmate during the day time granted under the provisions of section 68; (31) "Inspector General" means the Inspector General of Prisons, Assam; (32) "Superintendent" means the Superintendent of a prison; (33) .. Medical Officer'' means a Doctor appointed as Medical Officer of a prison; (34) "officer of a prison" means an officer appointed under section 8; (35) "prescribed" means prescribed by rules made under this Act; @6) "section" means section of this Act. 1364 Establish­ ment of Prison THE ASSAM GAZETIB, EXTRAOROINARY, MAY 30, 2013 (37) the word •he" and Its derivatives ahail be construed to mean ·~my ·person, whether male or female; (38) words and . expressions used in this Act and not defined herein but defined in the Indian Penal Code, 1860 and the Code of Criminal Prooedure, 1973 shall have the same meanings as assigned to them in the said Codes. CHAPTER- II , ESTABLISHMENT OF PRISON 3. (1) The State Government shall establish as · many prisons, constructed in such manner as to cQmply with the I requirements. of this Act and rules made thereunder, as may be necessary fOr detention and · correctional treatment of offenders and for detention of such other persons as may be committed to custody under any law, and shall declare. each, of the P~!sons so established as Central Jail, . District Jail, Sub.Jail (which is synonymous with .Subsidiary Jail), Special Jail, Open Jail or such other class of prison as may be considered necessary, each class of prisons being meant for detention of _such class or classes of persons as prescribed by rules made under this Act and orders made under such rules. (2) Whenever it appears to the Inspector General that - (a) there is likelihood of arrest of persons at any place within the State in connection with any agitation, demonstration or satyagraha and in such large number as cannot conveniently or safely be kept in the prison . situated within or. near such place, or '• (b) the number of inmates in any prison is greater than can conveniently or safely be kept therein and it is not convenient or safe to transfer the excess number to any other prison, or Central Act 45 of 1860 and Central Act 2 of 1974 .. Rights of inmates THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 (c) due to the outbreak of any epidemic disease within any prison, or for any other reason, it is desirable to temporarily provide for · some alternative accommpdation for any inmates; temporary prison shall be established and so declared ·by such officer and in such manner as the State Government may by rules made under this Act prescribe or by general or. special orders direct, to provide for accommodation of so many of the persons or inmates as cannot conver;i'iently or safely be kept in the prison established under sub• section (1) .. CHAPTER:.111 RIGHTS AND DUTIES OF INMATES 4. (1) Subject to the provisions of any law for- the time being in force and conditions which may be prescribed, all inmates shall, -- (a) have the right to live with human dignity; (b) be entitled to adequate diet, health and medical care, clean hygienic living conditions and proper clothing; (c) have the right of communication which· includes contact with his family members and other persons; (d) have the right of access to any court of law for fair and speedy justice. (2) No inmate shall be deprived by the State of any fundamental rights conferred on him under Part Ill of the Constitution except in accordance with the provision of any law for the time being in force. 1365 1366 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 ~~~~~~..:.._~~~~--=-~~~--=-:.:.~~::...:._::__:.:..:_::..::...:_::__~~~~ ~- Duties of inmates 5. It shall be the duty of every inmate, --- (a) to obey lawful orders and instructions of any officer of a prison and other competent authority; (b) to abide by the prison rules and regulations applicable to him; (c) to maintain the standard of cleanliness, hygiene. and personal discipline required to be maintained under any law or lawful instructions; (d) to respect human dignity of fellow inmates, prison staff and others; (e) to refrain from making false or exaggerated allegations; (f) to abstain from hurting religious feelings, beliefs and faith of others; (g) to use Government property with care and not to damage or destroy, negligently or willingly, such property; (h) to assist the prison authorities in performance of their duties; (i) to maintain discipline and order; and 0) to preserve and promote correctional and reformative environment and be responsive to it. .-•:,.. Inspector General, etc. ,. THE ASSAM GAZETTE, EXTRAORDlNARY, MAY 30, 2013 1367 CHAPTER-IV ORGANISATiONAL STRUCTURE 6. (1) The State Government shall appoint an Inspector Gener(il of Prisons who shall be the head of the prison organization and operate from the prison headquarters. He shall, subject to the direction and control of the State Government, --- (a) exercise general superintendence and control of all the prisons in the State; (b) plan, organize, direct, co-ordinate and control the various programmes and activities relating to the prisons in the State and the inmates thereof; and (c) exercise such ,other powers and perform such other functions as may be prescribed. (2) The State Government shall appoint such number of Adn1inistrative Officer-cum:.Law Officer as may be considered necessary, who . shall assist the Inspector General . at the prison headquarters and shall, subject to the control of the Inspector General, exercise such powe.rs and perform .such functions of the Inspector General as the State Government · ·may, by rules made under this Act prescribe or by general or special orders direct, or the Inspector General may, subject to the orders of the State Government, delegate. (3) The State Government shall appoint or provide for appointment of such other officers as may be necessary to assist the Inspector General, the Additional Inspectors General, 'the Deputy Inspectors General and the Assistant Inspectors General of Prisons at the prison headquarters. ~ .. 1368 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 ------------------------------ ,._ Prison Ranges Superinten­ dent and other Officers of Prisons 7. (1) The State Government shall divide the entire geographical area of the State into as many prison ranges as may be considered necessary, specifying their territorial jurisdictions. Each prison range shall be headed by a Deputy Inspector General of Prisons, supported by such other officers as may'be necessary. (2) The Deputy Inspector General of Prisons in charge of a prison range shall supervise the administration of the prisons falling within his territ~rial jurisdiction and report directly to the Inspector General of Prisons. 8. (1) For every prison, the State Government shall appoint or· provide for appointment of a Superintendent, one or more Medical Officers, a Jailer:(one or more Jailers for a Central Jail), a Welfare Officer, two or more Deputy Jailers, a Chief Head Warder (except for a sub-Jail), one or more Chief Head Warders for a Central Jail, one .or more Pharmacists and such numbers of Head Warders, Warders, voc.ational · instructors, educational instru·ctors, physicar instructor with' yoga instructor, for male arid '. . female, ministerial officers, nurses and such other officers as may be considered necessary : Provided that in case of a· Sub-Jail located at a district headquarter or a sub-divfsional headquarter, -- (a) the ·- District Magistrate concerned or the Sub­ Divisional Magistrate, as the case may be, shall be the ex­ officio Superintendent of the Sub-Jail or he may entrust an Executive Magistrate to act as the Superintendent of the said Sub-Jail; and (b) the Joint c;>irector of Health Services concerned or the Sub-division~! Medical and Health 9f,ficer, as the case may be, shall be the ex-officio Medical Officer of the Sub-Jail or he may entrust a Medical and Health Officer to act as the Medical Officer of the said Sub-Jail : -. ·.; THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Functions of . Superinten­ dent Functions of Medical Officer Provided that the State Government may not provide for appointment of ' Jailer for a ·Sub-Jail, in which case the senior most Deputy Jailer of the Sub-Jail shall be deemed to be the Jailer for the purposes of this Act. (2) The State Government shall also appoint such numbers of (i) Psychologist or Psychoanalyst and (ii) Psychiatrist as may be deemed necessary for .th_e prisons of the State. 9. (1) The Superintendent shall be the officer in charge of the prison, · and shall, subject to the direction and control of the Inspector General, -- (a) manage the prison in all matters connected therewith; •..J (b) implement the various programmes and activities relating to the prison and the inmates thereof; (c) keep or cause to be kept such records and registers in such manner and in such forms as may be prescribed; (d) exercise such powers and perform such other functions as may be prescribed. (2) Subject to such general or special directions as may be given by the State G.ovemment, th~ Superintendent of a prison shall obey all orders, nc.t inconsistent with this Act or any rule made thereunde , which may be given in respect of the prison by the Distrirt Magistrate, and shall reoort to the Inspector General ei: such orders and the action taken thereon·: 10. (1) The Medical Officer shall be the officer in charge u, sanitary and health administration of the prison, and sha :, subject to the control of the Superintendent except fr regards medical treatment of the sick, perform suc;1 functions as may be prescribed. 1369 . I · 1 i I I l I j , I I I I 1 l I I t i Functions of Jailer (2) The Medical Officer shall report in writing to the Superintendent any matter of ·importance connected with the sanitation in the prison or health and- hygiene of the inmates, together With such . observations and recommendations as he may think proper. (3) Whenever the Medical Officer has reason to i believe that the. physical or mental health of an . inmate is, or is likely t? be, ~njuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations and recommendations as he may think proper. 11. (1) The. 1Jailer shall be the immediate subordinate officer to assist the Superintendent in the management of the prison, and shall, subject to the orders and control of the Superintendent, perform such functions as may be prescribed. (2) Th'e Jailer shall take temporary charge of the prison during the absence of the Superintendent on tour or otherwise, and while holding such temporary charge he may be allowed1 by o~er of the Inspector General, to exercise all the powers vested in the Superintendent : Provided that in case of a Central Jail having more than one Jailer, the Jailer in this sub-section. shall mean the seniormost Jailer . (3) The Jailer shall reside in the prison, unless the Superintendent permits him in writing to reside elsewhere. He shall not be absent from the prison for a night without permission in writing from the Superintendent; but, if he remains absent withOut leave for a night from the prison due to unavoidable reasons, he shall immediately report the fact and the cause of it to the Superintendent. Functions of Deputy Jailer · THEASSAM GAZETTE, EXTRAORDINARY. MAY30 2013 . ' ' (4) The Jailer shall visit every part of the prison and see every inmate at least once a day. (5) On the death of an inmate, the Jailer shall give immediate notice thereof to the Superintendent and the Medical Officer. - (6) The .Jailer shall report every day in writing to the Superintendent all matters of importance connected with the day-to-clay adm.inistration of the prison. (7) The Jailer shall be responsible for the safe custody of the records and registers to be kept under this Act or rules made thereunder, the writs, warrants and orders of the Co1,1rts and all other documents confided to his care, and the money and other articles taken from the inmates. 12. The Deputy Jailers shall, subject to the control of the . Superintendent and the Jailer, perform such functions of the Deputy Jailer as the Superintendent may by . order entrust. . Functions · '·' ·13. Every other officer of a pris0n, not mentioned in of other officers of prisons sections 9 to 12, shall obey the chain of command as fixed by rules made under this Act or by the ln'spector General, and shall, ~-~ !· (a) if he is not subordinate to the Jailer, be subject to the control of the Superintendent, and perform · such functions as may be prescribed by rules made under this Act or entrusted by the Superintendent; (b) if he is subordinate to the Jailer, be subject to the control of the Superintendent and also of the Jailer, and perform such functions as may be prescribed by rules made this Act or entrusted by the Superintendent or entrusted by the Jailer subject to the general or special orders of the Superintendent. 1371 1372 THE ASSAM GAZEITE, EXTRAORDINARY, MA¥ 30, 7013 ____________ ___:____;._ _____ _:__....:.:.....::.....:..:..:~=-------''~~ Search at main gate Conditions as to residence of officers of prisons ' , 14 Subject to rules made under this Act, the officer in charge of the i:nain gate of a prison or any other officer of the prison, may examine anything carried. into 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 such article or propertY be found, shall give immediate notice thereof to the Jailer : Provided that the search of a female person shall be carried out by a female officer~ 15. (1) Residential accommodation shall be provided on ' the premises of a prison for all or as many of the officers of the prison as possible, and the accommodation so provided shall be free of rent. (2) Every officer of a prison for whom free residential accommodation is provided on the premises of the prison shall reside therein. '• (3) . ~e Superintendent of a prison · residing on the premises of the prison shall not be absent from the . said premises for a night except on leave or on tpur or from any unavoidable necessity. (4) Every other officer· of a prison residing on the premises of the prison shall not be absent from the said premises for a night without permission in writing from the Superintendent or, In case of an officer subordinate to the Jailer, from the Jailer, but if he remains absent without permission· for a night from the said premises· due to any unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent or, in case of an officer subordinate to the Jailer, to the Jailer. ' ) !/ THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1373 ~~~~~~~~~~~~~~~~~~~_:_~~_:_~~~~____:_::'.....'...:'._ Officers not to engage In trade, · etc. or be interested In prison contracts or have unauthorize d dealings with inmates Officers of prisons not to use force with inmates Convict officers 16. (1) No officer appointed under section 6 or 8 shall engage, directly or indirectly, in any trade or business or in any other employment. (2) No officer appointed under section 6 or 8 shall have any interest, direct or indirect, in any contract for the supply of any pris~>n; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of any prison or belonging to any inmate of a prison . . (3) No officer appointed under section 6 or 8 shall sell or let, or derive any benefit from selling or •;letting, any article to any inmate of a prison or have any monetary . or other business dealings of an unauthorised nature,. directly or indirectly, with any inmate of a prison. 17. (1) No officer of a prison shall, in his dealing with the inmates, use force except in self-defence or in the repre~sion of disturbances or in cases of ·attempted escape by any inmate from the prison or physical resistance to any lawful order. (2) Any officer having recourse to force in the event of any of the contingencies mentioned in sub-section. (1)! shall use no more force than is strictly necessary, and shall immediately report the fact and the cause of it to the Superintendent or,. in case of an officer subordinate to the Jailer, to the Jailer. 18. (1) The State Government may by rules made under this Act provide for appointment of such convicted inmate and in such manner to be an officer of the prison and t<? perform in that capacity such functions and subject to such regulations as may be prescribed. (2) Ari inmate who is appointed as an officer of the Central prison under this section shall be deemed to be a public Act 45 servcmt within the meaning of section 21 of the Indian of 1860 Penal Code, 1860. 1374 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Offences by 19. (1) Every officer of a prison, who shall be guilty of a'ny officers of prisons State Advisory aoard. on Correctio .. nal Administra­ tion violation, breach or neglect of any rule, regulation or lawful orders shall, -· (a) in cases where such violation, breach or . .. neglect constiMes an offence punishable under section 75 or 76 of this Act· or under any other law for the time being in force, be liable on conviction before a Court of law, to be so punished; . (b) in other cases, be liable to such punishment and in such manner as may be prescribed .. (2) No officer shall, under this section, be punished twice for the same offence. CHAPTER-V BOARDS 20. The State Government shall constitute a State Advisory Board on Correctional Administration with the following objectives : --- (a) to advise regarding well-being and welfare of all inmates of the prisons: (b) to advise regarding correctional treatment and guidance of the convicted inmates with a view to their rehabilitation .as law-abiding, responsible and useful members of the society; (c) to suggest ways of improving the levels of co­ ordination between Administration of Justice, Police Administration and Prison Administration; (d) to suggest measures for creating social consciousness for the rehabilitation of offenders. ·, THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Board of Visitors Review Board 21. The State Government shall, by notification in the Official Gazette, constitute a Board of Visitors, for each prison, in the case of prisons in distr.ict headquarters consisting of the District Magistrate as Chairman, the Chief Judicial Magistrate and four non-official members and in the case · of prisons at sub-divisional headquarters consisting of the Sub-divisional Magistrate as Chairman, the Sub-divisional Judicial Magistrate and two non-official members, in the manner and procedure as may be prescribed. 22. The State Government shall constitute a Review Board· in the manner as may be prescribed to review the cases of inmates under sentence of imprisonment and recommend their premature release under any law, ~ncluding parole and day-release under sections 67 and 68 of this Act. CHAPTER-VI ADMISSION, DETENTION AND CLASSIFICATION Admission 23. · (1) Subject to the provisions of section 24, any person ·~~!ntion of du!y committed to prison ~Y any· writ, warrant or order persons issued or made by a Court shall be admitted and detained duly committed to prison in prison according tc:> the exigency of such writ, warrant or order, or until such person is removed or discharged in (2) Every such writ, warrant or order as aforesaid shall, forthwith after the execution thereof or after the discharge of the person committe~ thereby, be returned to the Court by which the same was issued or made, together with a certificate endorsed thereon and signed by the · Superintendent of the prison, showing how the same has ' · been executed or why the person committed thereby has been discharged from prison before execution thereof. 1375 ·' _1_37_6 _ ___ T_H_E_A_ SS_A_M_ G_AZ_ E_T_TE_,_E_X_T_RA_ O_RD_ IN_A_R_Y_,_MA_ Y_3_0_, 2_0_1_3 _____ ~1_, Ban on admission and detention of persons of certain categories Particulanis to be recorded on admission 24. (1) Persons of unsound mind who are not accused or convicted of any offence shall not be admitted and detained in a prison. (2) No pe~son shall be admitted and detained in a prison by way of protective custody or safe custody or on the ground of being required for giving evide11.ce or being a victim of offence : Provided that a person of unso4nd mind committed to prison for sate. custody under section 330 or section 335 of the Code of Criminal Procedure, 1973 shall Central ,, Act 2 of be admitted in prison and dealt with in accordance with 1974 law. (3) Juveniles, that is, person~ who have not attained the age of eighteen years shall not be admitted and ·., detained in a prison : Provided that a child under six years of age shall be admitted and kept in prison .with its mother or, in • ;'·:·! exceptional cases, with its father or in absence· of its 1 parents with its legal guardians till attainment of the age of six year$ if it cannot be placed with re·1atives or otherwise properly kept elsewhere. (4) Persons required to give security for keeping the Central peace or for good behaviour in accordance with the Act 2 of provisions of the Chapter VIII of the Code of Criminal 1974 · PreeeElt1re, ~973 e"1all Ftet ee aEIFfli~eet aAet etetei.AE!!~ iR prison except under section 122 of the said Code. 25. At the tinie of admission of a .. person in prison, the ,;, . . . following and such other particulars shall be entered in such register as may be prescribed : - ''i. .f. (a) particulars concerning·· his identity, including height; complexion, personal peculiarities, If any, and ma.rks oftdentification; _ (b) reasons and authority of his commitment to prison; THE ASSAM GAZETfE, EXTRAORDINARY, MAY 30, 2013 Search on admission (c) date and hour of his admission in prison; and (d) name and addres& of.. nearest relative to be notified in case of emergency. 26. (1) Every inmate shall on admission be required to declare the money and other articles in his possession and also be searched by, or by ordetof1 the Jailer in a manner consistent with decency and reasonable privacy: 'Provided that the search of.$ female inmate shall be carried out by a female officer by order of the Jailer. (2) All · money, jewellery and other valuables, prohibited articles, weapons. and .. other articles found in the possession of the inmate on admission wf1•ch the Jailer finds it oontrary t.o .the rules as may be prescribed, or deems it dangerous .· or ·jnexpedient, to leave in the 'possession of the inmate shall · ~e taken from him and .;;· · placed in the q_u~tody of the Jailer to be dealt with in the Medicaf examina­ tion on admission manner prescribed. 27. Every ·newly admitted in.mate shall, as soon as possible ·after admission, be exa.mined by the Medical dfflcer, Who shall enter in the prescribed register a record of the inmate's health and of any wounds or marks on his r;jerson, the class of labour tt~ . . is fit for if sentenced to rigorous Imprisonment, and 81JY,· o~servations whi~ .. the t I , ~ . '; ,, 11 .. '. Medical Officer thinks fit to add : r.,. . .. ·.• Provided that the examination ~f a female inmate shall be carried out in the presen~ of a f~male officer . . . ~ Taking of 28. As soon as may be after th'? admission of an inmate, pho~9raph -his photOgraph, thumb impression and signature in full etc. · shall be taken and preserved in, such manner as may be prescribed. Quarantine 29. Every newly admitted inmate shall be subjected to on admission such period of quarantine as may be prescribed or di~ed by the Superintendent on the advice of the Medical Officer. 1377 ., Orientation on admission Classifica­ tion for correction­ nal treatment and training 30. As-~n as possible after the admission of a person in prison, tlrls Welfare Officer shall, -- ,.. ,t. (a) inform him about his rights and duties, and explain to him the institutional rules, regulations, routine, discipline, amenities and facilities; :-1:' (b)l1~nquire about his indiyidual problems and help him find a solution; (c) prepare· him for a positive adjustment with the '6.·., ' .. ~ institutional environment; and, if the person is a C ~ . ,~ • r convicted person, .... (d) study-him to assess his personality, background, 1 ··· :needs, aptitudes and capacities; > ••• ' •• ~ fl i (e) inform him about the correctional and . ·4 -:- .- • ' rehabilitative facilities available to him and e.ncourage him to make a constructive use of the J I ,,_ same; 1.:,;1 'SI. (f) plan a suitable institutional programme for him 31. (1)" As· ;soon as possible after the orientation of a convictel:i perSon, whose sentence of imprisonment after setting · off ,.the period of detention pending investigation, inquiry:·or trial ''of the offence, is not less than such period as may be prescribed by rules made under this Act, a Classificatia'n Committee consisting of the Superintendent as Chairmai1/' the Medical Officer, the Jailer and the Welfare Officer as members, shall decide upon a suitable programme ofcorrectional treatment and training for him in the light of his individual needs, aptitudes and capacities and with a viewito his social rehabilitation, (2) All - ~uch inmates shall be classified by the Classification Committee into homogenous groups in terms of sex, age, type and frequency . of offence "J• ". committed, and health, both physical and mental, for the purpose of such treatment and training as aforesaid. " i THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1379 Property of inmates Intimation of admission, transfer, illness and death (3} The Classification Committee shall at suitable intervals review the response of such inmates to such treatment and training, and, if found necessary, shall reclassify any of such inmates by suitably adjusting the programme of such treatment and training for him. 32. (1) An entry specifying the money and other articles taken from an inmate on admission shall be made in the prescribed register, which the inmate shall be required to sign or mark. (2) Any money or other articles received from outside the prison with proper authority on behalf of an inmate shall also be dealtwith as·aforesaid. (3) All money and other articles taken from an inmate as aforesaid shall; except in · so far as he has been authorised to spend any such money or use any such article or send any such money or article out of the prison, or in so far as any prohibited or other article has in the manner prescribed been destroyed, be returned to him at the time of discharge from prison, and he shall be required to sign or mark the prescribed register in token of receipt of the money and other articles so returned. to him. 33. (1) As soon as possible after the admission of a person in prison, the ·Superintendent shall send intimation to his family or nearest relative about his admission in the prison, unless the period for which the person is committed to prison is so short that such intimation cannot be reasonably expected to' reach his family or nearest relative before the date on which he is due to be discharged from prison. (2) The Superintendent shall send immediate intimation to the family or nearest relative of an inmate upon transfer of the inmate from the prison or upon serious illness, serious injury or death of the inmate in the prison. 1380 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 ~~~~~~~~~~~~~_:_~~~~~~..:_::.....:...::.....:...:...:..:.:..:..::__~~~~- "- Accommo­ dation of inmates Inmate under sent4fnce of death 34. Subject to the following requirements, the inmates may be accommodated either in association or individually in cells or rooms or partly in one way and partly in the other:---- (a) female- and male inmates shalt be kept in separate enclosures, or, where it is not possible, be kept in separate buildings or separate parts of the same building in such a manner as to seclude the female inmates from communication with, and sight of, the male inmates; (b) adolescent male inmates shall be kept apart from adult male inmates; (c) undertrial inmates shall be kept apart from convicted inmates; (d) detenus and civil inmates shall be kept apart from convicted and undertrial inmates; (e) inmates of unsound mind shall be kept apart 1 , from other inmates. (f) inmates belongs to extremist, terrorist and the criminals · dangerous in nature and unsoundmind shall 'be kept apart from other inmates. ~5. An inmate whose sentence of death becomes final, conclusive and executable without any further scope of annulment by any judicial or cqnstitutlonal procedure shall be confined in a cell or room apart from other inmates and shall be placed by day and night under the watch of an officer of the prison, but . shall · not be secluded from communication with, and sight of, other inmates, or, unless special circumstances exist, be debarred from having his meals in. association of one or more other inmates. ··l .;-. " 1381 _) THE ASSAM GAZETIE, EXTRAORDINARY, MAY 30, 2013 ~ ~~~~-==:..:.=.::..:..::._:__~~:.__~~~~~~~~~~~~ Inmate under separate conflne-­ ment · Measure of restraint 36. The cell or room used for keeping an inmate under ~ ' separate confinement as a punishment for prison offenciJ or for any other reason shall be furnished with the means· . of enabling the inmate to communicate at any time with an officer of the prison and the inm~te· shall be visited at leas~ once a· day by the Medical Officer .. 37. (1) No .inmate shall be subjected to any measure of i ' ,. l. restraint to curtail substantially his limited liberty within the prison, or while in transit, ex¢ept as provided in this Act or rules made thereunder. (2) Under exceptional circumstances where, with reference to the state Of the prison or the character of any inmate or both, the Superintendent considers it necessary for the safe custody of such inmate, or for ·the safety of the· Inmate himself or of any other inmate, that such inm~te should be subjected to physica• restraint, he may, for reasons to be recorded in writing and subject to rules made under this Act in this behalf, -- 'i (a) confine the inmate in a cell or rqom apart from ; - . ' \ other inmates subject to the: conditions that he . ~hall not be secluded from communication with, and sight of, other inmates, or, unless special circumstances exist, be. debarred fro~ having his meals in association of one or more other . ;. inmat~s; or (b) confine the inmate in chain fetters of such description as may be prescribed by rules made under this Act : Provided that - (i) no inmate shall be confined in chain fetters under this sub-section unless prior permission of a Court having jurisdiction .. is obtained for confining the inmate in Chain fetters for reasons as aforesaid; (ii} no chain fetters shall be imposed on any fe.male inmate, civil inmate ot detenu; ·' (iii) no kind of fetters other than chain fetters shall be -imposed on any inmate under this sub- (iv) section; ., both the measures of restraint mentioned at . ... . - ! • clauses (a) and (b) of this sub-section shall not be imposed on any inmate at the same time. (3) The Superintendent shall review his order undeJ · sub-section (2) at intervals of not more than. one month, and sh~ll by order withdraw · the measure of restraint whenever he is of opinion that this can be d.one with safety or on the recommendation of the Me.dicai c;>fficer at any time on the grounds that its continuance is injurious to the .• ·i• health of the inmate : .. , " • ~ ' : I ' Provided that the continuance of any measure of restraint imposed under sub-sectiqn (2) for a period exceeding three months shall be subject to prior approval of the Inspector General. (4) While escorting an inmate from one prison to another, or from a prison to court or hospital or any· other place and back, no handcuff shall be ir_nposed on him unless· prior permission of a Court having jurisdiction is obtained for imposing handcuffs on him while being escorted as aforesaid. Extramural .38. . An inmate when being taken to or from any prison in :~:t:~~trol which he may be lawfully detained, or when tle is working of Inmates outside .. or is otherwise beyond the limits of any such prison, in or under the lawful custody or control of an officer of such prison, shall be deer'l"Jed to be in prison ·and shall be subject to all the same inci.dents as if he were actually in prison. __ j . :', ~ ·-~~ ... ·THE ASSAM GAZEITE, EXTRAORDINARY, MAY 30, 2013 1383 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~----'- Discharge of inmates 39. (1) No inmate shall be discharged from prison agt.1inst his will if labouring under any acute o~ dangerous distemper until, in the opinion of the Medical Officer, such discharge is safe. (2) The Superintendent shall forthwith report the case of any inmate whose discharge is not effected . on grounds as ~foresaid to the court under whose writ, warrant or order the inrriate is committed to priso.n as well as to the Court or authority, if different from the Court aforesaid •. rpa~ing the order for discharge of the inmate. CHAPTER - VII LEGAL DEFENCE ANO AID l ' Legal Aid at 40. (1) Where an undertrial inmate is not represented by a. State .. exp~nsein certain cases pleader in the case or cases in which he is detail:led and, on submission .. ~f application by the undertrial inmate expressing his inability to engage a pleader, Where it appears to the Superintendent. of the prison that the inmate is, for 9ood reason, unable to eng·age a pleader to exercise his right to be released on bail or on his own bond under the relevanf provisions of law or to be defended .in t'1e trial of such case or cases, the Superintendent shall Central . refer the name and particulars of such undertrial inmate to Act 39 of 1987 . the Secretary of the District Legal . Services Authority constituted under section 9 . of the legal Services Authorities .Act, 1987 fQr providing legal services at the expense of the State . (2) Where a convicted inmate makes an appeal or an application for ·revision, atid where it appears to the Superintendent of the prison that the inmate is, for good reason, unable to engage a pleader to represent him in the appellate or revisional court, ·the Superintendent shall cause a_ prayer to be made by such inmate for assigning a pleader- for him at the expense of the. State and immediately forward such prayer to the appellate or revisiooal court, as the case may be. ·, _13_8_4~~~-T_H_E_A_S_S_A_M_G_AZ~E_TTE~,_E_X_TRA~·_o_RD~IN_AR_· _Y._,MA~·-Y_3_0,_2_0_13_· ~~~~'- Copy of Judgment •[ Facilities for appeal, etc. 41. (1) Where a person is committed to prison ·under a sentence of death or imprisonment and the copy of judgment to be furnished to him free of cost und_er section 363 of.the Code of Criminal Procedure, 197~ is sent by the sentencing Court to''the Superintendent of the prison for delivery to the person sentenced, the Superintenc;fent shall imiTtediaterY c~use i.t to be delivered to such person and obtain written acknowledgement thereof from him. ' (2) Where su.ch copy is not furnished by the Court and such person desires to make an appeal against, or a'n application for revision, suspension; remission or commutation of, such sentence, the Superintendent shall .,,. immediately apply to the Gourt for such copy, 42. (1) The.'Superintendent shall inform every convicted inmate of . his right to prefer · appeal or application' for revision, suspehsion, remisl:!ion o'r commutation of his ' s~ntence, and of the period within which ·.s1.,1cli appeal or Central Act 2 of 1974 . "i ·. l . application is to be made. •· (2) Any convicted inmate desiring to make an appeal or application as aforesaid shall be granted every reasonable facility for that purpose by the Superintendent, who shall, if such 1inmate is unable to write his appeal or ; . appli~tion, cause his appeal or application to be written by an officer of the prison. .. (3) The .pres~ntation of an appeal or an application for . Central revision to the Superintendent shall, for the purpose of the Act 36 qmitation Act, 1963, be equivalent to presentation to the of 1963 appellate or revisional Court. (4) The Superintendent shall not withhold any appeal or application for rPvision even though it is apparently barred by limitation, b.ut shall forward it to the appellate or revisional Court, together with the appellant or applicant's explanation for the ·delay and his prayer for condonation of the delay. ,, I I I .., ,J1: I: • " ,~~' ----~T~HE~A~S~SAM~· _::G:.:.:AZE::·:::':.:l"l:.:'E:_, E=X::.TRA:.:.::.:..:O:..:.RD=·..::.:IN __ AR_ YL, MA_._Y_3..;;:.0,_2_01_3 ____ 13_8_S · Reference to '·Governm- ent: " regarding execution of death sentence •. ., ,~~ . ., '· (5) If the .result of the appeal or application is not ,_ received within a reasonable · P.ertod, the Superintendent . ' shall enquire about the result, and thereafter repeat the enquiry at reasonable intervals. . 43. 'c1) Where a sentence of death is passed or confirmed by the High Court and the person sentenced does not • .~. i make. an appeal to the Supreme Court or an application for . ,. mercy within .the ~~ipulate~ perlod1 or where a sentence of death is upheld by ·the Supreme . Court and the person sentenced does' not make' an application for mercy within the stipulated period, the· Superintendent .shall make a referenat· '<;>f ·the ·case to the State Government under intimation to the inspector Gene_ral, and postppne the execution of the sentence of death pending receipt of the .orders of the State Government. · · {2) Upon a reference being made of a case as aforesaid, the State Government shall proc;eed ~o act as if an application for mercy has been made by the inmate under sentenoe·of deafl1, and-: (a) if it ·has the power-to commute the sentence of death, ma'y in its discretion commute the Sentence of death; (b) if it has the power to commute the sentence of death but in its discretion decides not to exercise th.at power, shall refer the case to the Central "Government for decision; {c) if It d~s not have the power to commute the ·sentence. of 1 death, sh8il,. refer · the· case to the Central Government as well as such other appropriate Government as . has power to commute the sentence of death, for decision. Supply of food, clothing and bedding etc. · Procurem~ ento{ clothing from private ·source$ ,. 1 Maintenan­ ce of civil inmates ..... . CHAPTER - VIII FOOD, CLOTHING AND BEDDING 44. (1) Every inmate shall be provided, in accordan~ with the s~le prescribed' ~ith. - j.~ {a) food, which shall be whol~~ome, palatable and ·. '· f· .. h.ygenic ; 1 . ' '(b) clothing, which shall be suitable for the climat~ and. adequate for personal hygiene, and which may be epns~;~uous for each category of inmates, but shall not be humil!~ting or degrading; " ·~ (cf bedding, which shall be suitable and sufficient :( r : . . , J9r 1he climate; and . ~;~ \~ . . ' (d) other equipment as may pe necessary. :_, •' ·.r~ (2) Except as provided .under section 45, no inmate shall be permitted to procure or receive any· item of food, clothing, bedding or other equipment from private sources. 45. (1) An inmate other 'han a. c9nvicte~ inmate, if he so desires, shan'': be p~rm·itt~d' t~· procure, or receive from ' private sou'rces~ . minimum items of clothing. (but not bedding) as necessary, subject to examination and subject to rules made under this ''Act and also such direction as may be given by the Inspector General. ·' (2) No part of any clothing ·procured or received as aforesaid by an inmate shall be given, hired or sold .to any ·· other inmate, and any inmate transg.ressing the provisions of this sub-section sha.il be d~barred ·from. procuring or receiving a~ aforesaid any cl~thing for such time as the Superintende~t thinks proper. t . 46. When any civil inmate is committed to prison in J execution 9f a decree' in favour of a private person, such i person or his representative shall, ·- ~) .. ;!.· 1· ,- .. > ' THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30; 2013 · ,., (a) , make the first payment of, the monthly subsistence allowance as fixe.~. by the Court to . , .. " , the proper officer of the Court for transmission to the :superintende~t. and if if. .has not been so m'de -to an officer of the Cou!'t, then directly to . the Superintendent; and .... '..1 >\ ·r '·"'· (b) make the subsequent, payments of monthly subsistence allowance to the Superintendent in 'adwnce before the first gay Qt each month; ·., .... : and in default of any of the above .Payments, the inmate may be released.by the Superintendent if so ordered by the .,Court by whose· warrant or order the inmate ·is committed to prison after filing a report by the .. Superintendent before such Court in the matter. CHAPTER~ IX I H§AbTH .CARE 1387 San,Jtation 47. (1) Every .. part of a prison shall. be kept scrupulously and hygiene Prleon hospital clean. (2) All .buildings in which the inmates live or work or which they otherwise occupy ~hall contain adequate floor space, cubic content of air, lighting and ventilation aFrangemenfs. (3) So far as possible, water-Closets shall be provided to enable the inmates to comply with the needs of .1•. nature in a clean and decent manner. (4) Facilities shall be provided to the inmates to keep ·-"' themselves, . their Clothing, bedding and other necessary equipment clean. 48. In every prison there shall be provided a hospital or a proper place for reception and treabnent of sick inmates . • Sick inmates Record and · execution of directions .of Medical Officer Inmate of unsound mind 49. (1} The name of any· inmate desiring to see th.e .. {• . Medical Officer or appearing to be out of hf*.llth },n mind or body shan, without delay, be reported by the officer in immediate. charge of such inmate to the ,Jailer, who shall, without delay, call the atte~tion of the Medical Officer to such inmate. ' . (2) The Medical Officer shall ~xamine such inmate .. as , aforesaid and also.such'ot'1er'°fnmates as appear to him to be out of health in ·mind or body, and give such directions in writing as he dee.ms fit. 50. All directions given by the Medical Officer in relation to any inmate, with the exception of directions relating to such matt~rs EIS are to t;>e carri~d into effect by the Medi~I • Officer himself or ·under hi,s superintend.ence, shall ·pe entered day.by. day in such rec0rd as · may be prescriped, .. and shall be ·carried into effect by the Jailer with the sanction, where necessary, of the Superintendent; and the . Jailer shalt ma~e afl:. entry in the proper place of such record, stating in respect of each direction the fact of its having been complied with or, if not complied with. the . . •.- . reasons for its not having been ;complied with, and the date. of the entry. 51. (1) The Superintendent shall place under the observation of the . Medical Officer and, if avaiiable, a , . Psychiatrist, any inm~te appearing to become of unsound mind, and shall, if such inmate is an undertrial inmate, report th.e case to the Court by whose warrant or order such inmate is committed to prison. . . (2) If after such observation as aforesaid, tl)e inmate is found to be of unsoun(j mind, the Superintendent shall " report the case, together with the medical certificate and such other documents as may be prescribed, -- (a) to the Court by whose warrant or order the inmate is committed tci .,prison. if such inmate is an un<:1etlrial-inmate, for appropriate orders of th~ C.~~rt ~th._regard to such inmate; r· .. • Death of inmate THE ASSAM GAZETTE, EXTAAORDINARY, MAY 30, 2013 (b) to the Inspector Genera~« such inmate is other than an .undertrial . inmate; - for appropriate . · action under. Se~i;>n . 82 with regard to such inmate; (3) If a person of unsound mind is committed to priSon for safe custody uric;ter section 330 or section 335 of 1389 the Code of Criminal Procedure, 1973 without any specific . ~:1~~f ordel'S frci>m,, the :eomrnitting Court for · his removal to 1974 ·. . . asylum, : the Superi11tendent .shall report .. Jhe ~se fo the Inspector General for appropriate a~n under ~ection 81. 52. (1 ). On the death of an. inmate, whe.!her ill$ide. a pris<:m or while undergoing tre~tment in it'· hospit$1 outside ttie pnson, the Medical_ Officer of the prisen shJ'JI forthwith draw up a report stating the followjng particulars, so far as they can be ascertained, namely : -- (I) the day on which .the deceased first complained of . illness or was observed to be.ffl; · (ii) the day on which · the . M_edical Officer was fir.st (•~ .. . informed of his Illness; (iii) the day on which he was admitted to ho$pital; (iv) the nature of his illness: (v) the treatment given; I (vi) when the deceased was last seen before his dtath by the Medical Officer; (vii) when the inmate died; (viii) any $pecial remarks that appear to the Medical · Officer to be required. ,; (2) In every case of death of an inmate, whether. inside a prison or while undergoing treatment in a hospital · outside the prison, ---- (a) intimation of the death shall be give~, to "1e District or Sub-dMsional Magistrate, and to the o~r !" charge of the police station withio whose Jurisdiction the de~th occurs; " •It·, 1390 THEASSAMGAZE1TE,EXTRAORDINARY,MAY30,2013 " ~~~~~~~~~~~~~~~~~~~~~~~~~~~,---~'~ .. Work by convicted and undertrlal inmates (b) an inquest shall be he~ by an Executive Magistrate to be deputed by the District Magistrate or Sub-divisional Magistrate, as the ease may be; and (c) a .post~mortem · examination s.ha!l be conducted by a com~~tent medical authority~. Provided that in cases where the deceased happens ·to be a .. child kept in prison with its. :mother or father, post-mortem examihation shaH not be done unless the Magistrate holding. the inqu~st, c(fter considering t.he " ·cireumstances in which the child has died, suspects the death to be homicidal and recomniends for a post.-morterrl examination-to be done, or the mother or father of the dece~sed child. desires s1:1ch~post.-mortem examination to be done. \. ."\. CHAPTER-X WO~K. 53. (1) A convicted inrn$te sentenced to rigorous ii:nprisonmei:it shall. and a convicted inml!te sentenced to .. """ . .. . simple! Imprisonment or an undertrial inmate, if and as long .as· he·so desires, may be engaged in work, which shall not be of an afflictive, degrading or humiliatin9 nature, and which shalt, so far as may be practicable, especially in the case of a convicted inmate sentenced to imprisonment for a relatively long term, be in the form of such vocational training as will maintain or increase his ability to eam a living after re,lease. (2) No inmate engaged, in work shall be kept to labour for more than eight hours in .any one day, except on ' an emergency and _with the sanction In writing of the Superintendent. " 1391 , THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 \ .' C...· -----------------:----------------- ··. (3) The Medical Officer shall from time to time and at . . . least once in every month examine every inmate ertgaged in work and cause his weight to be taken and entered in ' • such record as may be prescribed, and when the Medical Officer is of opinion that the physical or mental -health of ·'' any such inmate is or is likely to be adversely affected by- the kind of work or ctass of labour in which he is engaged, such inmate shall be placed on such other kind of work or class of fabour as the Medical Officer may consider suited for him; (4) A convicted. inmate not sentenced to rigorous imprisonment or an undertrial inmate, who Is engaged in ~ . . . . work at his own desire, shall be. entitl.ed to the scale of diet prescribed -for inmates on labour; ,~nd a-convicted inmate senteneed to rigorous imprisonmerit, who ·r~ftises to work, shalf be entitled to the scale of diet prescribed for.inmates ·not on labour. J ··..: (5) The State Government may •. by rules made under this Act, provide for remuneration to the inmates engaged in work under the provisions of sub•s_ection (1), as - incentive but not as compensation, for such work, subject -~ "•·': t~ due performance of the prescribed quantum of work and depending upon the kind of work .or class of labour or the tYPe of institution. · (6) Out of th~ earnings of an inmate remunerated as aforesaid, any amount shall be aUowed to be spent-by the inmate on payment of fine, oompensation, cost 'or se·cuFity· as ordered by the Court or on payment to·his legal adviser for services renctered to him; a prescribed part of the ·- earnings shall be allowed to be spent by the inmate on approved articles for his use and to be sent by him tO his family; and-the rest of his earnings shall-'be 's.et aside by ., ',>. ., the Superintendent so as to constitute a savings fund to be handed over to the inmate on his release from prison. (7) A canvicted inmate sentenced to simple . . - imprisonment or an undertrial inmat.e, who ls engaged in work at his QWJ1 desire, shall not be punished for neglect of work. ' : ·•' _13_9_2 ____ THE_t·_A_S_S_AM_- _G_AZ_ E_TIE_ ,_EX_T_RA_ O_RD_ IN_AR_ Y._,MA_ Y_ 30_, _20_13 _____ , \, Work by · c~vil Inmate 54. A civil inmate, if and as long as he so desires, may be engaged in work on the. same terms and conditions as set forth in section 53 · wittl -regard _to a convicted inmate sentenced to simple imprisonment or an undertrial inmate who is engaged-in work at his own desire. Inmates to 55. Any inmate, whether or not engaged in work· 1,mder c;lean their. ·· own clo.thing, etc. the provisions of the foregoing sections, shall be required . to · clean his own clothing, bedding, equipment and apartment, su~ject to rules made 1:1nder this Act. CHAPTE~-XI EDUCATION, RECREATION, INTERVIEWANb .. COMMgN{C:~TION. Education 56. The ~tate Government sh1;1JI, so far as possible, l:>y suitable ,scheme,$ ,or -programmes, provide for general, social and moral education :of the inmates, with particular emphasis ·on removal of illiteracy amon~fthe inmates. • ...·1 \"' Books '" 57. Every prison shall have a library for the use of all categories of inmates, which shall b'3 stoar<ed, as tar as practicable, with both instructiontal and recreatio.nal books, .and tlJe inmates shall be encouraged to make.full use of it. News ~8. The inmates shall be kept informed regularly of the important items of news by the readfi1g of newspapers, by the hearing of radio. transmission, seeing 'television or by s.imilar means as provided or authorized' in tlie prison. .Religion Moral and religious instruction ,.,_ 59.. Subject to rules made urider this Ac( every inmate shall be-allowed to satisfy the needs of his religious life by having in his possession books of his religious ·· denomination and, so far as practicable, by performing ; religious observances. 60. So· tar as practicable, and subject to rules made under this Act, arrangement shall be made for, ..... __ • THE ASSAM GAZETTE,EXTRAQRDINARY, MAY 30, 2013 1393 (a) a philanthropic person, institutia(I or society to hold moral discourses among the ·inmates at reasonable intervals; and (b) a qualified representative of a reijgion to hold religious discourses and servicea among the -'{'· inmliltes of his religion at reasonable intervals. Recreation 61. So far as practicab~, and subject to rulee made under this Act, the inmates . shall be provided with facilities for exercise, games · and · sports, muaicat and cultural performances, and other facilities for recreation. Interview and communi­ cation · 62. Due provisions shall be made in th~ prison for - ' . (a) ar'). Inmate to communicate, both by receiving visits and by , correspondence, with their relatives, reputable friends an~' legal adviser:S · at reasonable i!ltervals and under reas6hable restrictions, care being taken that an inmate" under trial or making an appeal or an appliclition for revision of sen~ence, may oo,mmunicate with his legal adviser within the sight, but l'lQt within the hearing, ofari officer of the prison or of any other officer; (b) an inmate, who Is a member of a State Legislature or of Parliament, to com!!'unicate through . ; \~ prescribed channel with the Speaker or Chairman of the House of which he is member, or with the Chairman of a Committee (including a Committee of Prlvileges) · 9f such · •. ;~··· ' House or of a Joint Committee of bot~ the Houses of a State Legislature or of Parliament; (c) an inmate, who is a foreign national to communicate through prescribed channel with· the ,•' diplomatic or consular representative in India of the country to which he belongs; 1394 THE ASSAM GAZETTE, EXTRAORDINARY~ MAY 30, 2013 (d) an inmate, who is a national of a country having no diplomatic or consular representative in India, or who is a tefugee or a stateless person, to communicate through prescribed channel with any' recognized national or international authority taking charge of the interests of Ii ·" ,. such natiQnals, refugees or statele,ss persons. Search of visitors to Inmates ·'' Requests and eomplalnts · .. ·.• "' 63. (1) The Superintendent or the Jailer may demand the name and address of any visitor to an inmate, and, when he has any ground for suspicion, may search_ any visitor or cause him to be searched : Provided that - , •.. (a) the s~arc~ sh~ll .not be made I~ the presence of ·any inmate or of any other visitor; and. {b) the seatch 'of a female visitor shall be ·~ carried out.by a ta.male officer; . . ~· .i.~) In case of any such visitor refusing to permit ' . himself to be searohed, the Superintendent or the Jailer . '~ ' may deny him interview with the inmate; and the grounds of such denial. of interview shall be entered in such record as may be prescribed. 64. Due provisions shall be made in the prison for allowing every inmate, -- (a) reasonable opportunity of making verbal requests and complaints, -- (i) to the Jailer on each day and to the Superintendent on each week day; and {ii) to the Inspector General or any other inspecting officer ,during his inspection and to any member of the Board of Visitors during his visit; and . \ (# THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1395 (b) reasonable facility for making written. requests and complaints to the Inspector Generat and to any judicial or other proper authority, through approved channel. CHAPTER - XII · REMISSION, FURLOUGH, PAROLE AND DAY· RELEASE Remission 65. (1) The State Government may, by rules made under this Act, provide for the grant of the following kinds· of remission to an inmate under a sentence of imprisonment:- (a) ordinary remission as incentive for good conduct and work in prison; and (b) special remission as ·reward for any special service rendered in prison 1 ~ , Provided .that the remission granted under the provisiorls of this sub-seqtion shall be subject to withdrawal, forfeitt1re or reypcation in accordance with rulesmap~·unge~t~.isApt. · •.:;: ~ •· .. •-r (2) -The appropriate Government may, by general or special orders, grant stat~ remission to the convicted inmates or any category of the convicted inmates on ~ occ8f)ions ,Qf ·P.µblic importance or public rejoicings. (3) Any convicted inmate sentenced to imprisonment ·• for a 1erm shall be entitled to be released from prison on his actuat period of imprisonment undergone together with remission granted under sub-sectiorli5 (1) and (2) being equal to such-term, but such remission shall not entitle an inmate sentenced to imprisonment for life to be released without specific orders from the appropriate Government remitting his sentence of imprisonment for life . . (. 1396 ,. '• THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Furlough 66. (1) Where a person,.; is detained in prison under a sentence of imprisonment, and the State Government, or arw authority empowered by it in this behalf, is satisfied from his antecedents or his conduct in prison that he ls not likely to eommit· any offence during a period of temporary . I . ~" releas~ ,ffPP1 prison, the State Government or such authority 'tnay, subject to rule$ made under this· Act, by order direct that such person be released .on furloughi that ,., is, on leave or on any emergenCY, ·ground for such period as may be specified In the order, upon his giving an undertaking in writing to observe the co.nditions specified in the order and upon his entering into a bond to surrender himself to the Superintendent : of the prison on the expiration of such period or on revocation of such order, whichever is earlier. (2) The State Govemment or the authority making an order under sub'-$ection (1) may, at any time, on being satisfied that the'Pe.rson released on furlough has failed to observe any of the conditions of furlough, revoke such order. ' ~. I . (3) An· ·order of revocation made under sub-section (2), shall spe.cify the date with effect from which the furlough order shall cease to be in force, and shall be . . . . served upon the person released ·on furlough in such manner as may be prescribed by rules made under this Act. (4) The period during which a person is absent from prison on leave in pursuance of a furlough order·sha:ll be reckoned as a part of the period · of tmprisonment to which he was sentenced : '" ..... . Provided that in cases where the furlough order is revoked under sub-section (2) for failure to observe any of ' . the conditions of furlough, the period of such absence from .prison in pursuanee of ~uch order shall not ~ so reckoned as a part of the period of imprisonment. Ii .. Parole • THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 (5) The period during whic_.b a person is absent from prison on any emergency ground in pursuan~ of a furlough order shall not be reckoned as a part of the period of imprisonment to which he was sentenced ... . , 67. (1) Where a person is detained in prison ·· under a sentence of imprisonment, and the State Government is satisfied from his antecedents or his conduct in prison that he is likely to lead a law-abiding and useful life, if he is released from prison·, the State Government may, subject to rules made under this A6t, by order direct that such person be released on· parole, upon his giving an undertaking to observe the conditions specified in the order and upon his entering into a bond to surrender · himself to the Superintendent of the prison on revocation of such order, and be placed under the supervision or authority of a'· Parole Officer, who may be a Probation 1397 Central Officer appointed under the Probation of . Offenders Act, Act 20 1958 or any other officer appointed by the State of 1958 Government ·~o be a Parole" Officer, or of a society, an . ' ;. , institution or a responsible person'Williog to take charge of him: .. . Provided that when an or~er is made under this section .. for, rel~se .•?." parole 9f a . person in respect of whom 'the e. State Government is not the appropriate Government as defined in· section 2J>f this Act, intimati.on about such order shall be immediately communicated t;>y the State Government to the appropriate Government : Provided further that no person under a sentence of imprisonment for life for an offence for which death is one of the pUQishments provid~d by law shall be released on parole unless he has served'· at least ten yea~ of actual • ~ I , r : t ... ~ ·imprisonment including any period of detention undergone during investigation, inquiry or trial of such offence~ (2) Before making an order under subrsection (1) the State Government shall take into consideration the recommendation of the Review Board constituted under - . · section 22: i 3 ;,,g THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, .2013 (3) The parole order made under sub-section (1) shall be in force, - (a) where the person released on parole was sentenced to imprisonment, not being -imprisonment for life, for the unexpired . term of the sentence or until the parole order is revoked, whichever is earlier; (b) where the person released on parole was sentenced to imprisonment for life, until the sentence of imprisonment for Jife is remitted by th~ appropriate Government or until the parole order is revoked, whichever is earlier. (4) The State Government niay at any time, on being satisfied that the person released on parol~ has failed to observe any of the conditions of parole, or otherwise in its , ·. p discretion, revoke a parole or~er: ' (5) An order of revocatiof'l made under sub-section (4) shall specify the date with effect from· which the parole order shall cease to be in force and shall be served upon the person released on parole: ·in such manner as may be prescribed by rules made under this Act .. (6) The period during which a person is absent from prison in pumuance of a parole order in force shall be reckoned as ~• part of the period of imprisonment to which he was sentenced: :.':· Providod that if the · parole order is revoked under sub-section (4) for failure on the ·part of the person released on ~larole to observe any of the conditions : of parole, the period ·of such absence shall not be so reckoned, and the person shall have to serve the whole of the . unexpired term of his original sentence of imprisonment. -· Day~ release THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1399 t '· 68. (1) In exceptional cases where a pers9n is detained in prison under a sentence of Jmprisonment and the State Government, after t~king into account (i) his antecedents, (ii) the nature and gravity of the offence for which he has been convicted,- and the way in which the offence was committed, {iii) his conduct in prison and (iv) such other - , . . factors as considered relevant and important, is sati~fjed that his prospects of rehabilitation after release from prison are likely to be substantially enhanced if he is enabled to .. acquire better qu.alification or vocational training of a formal nature in .any institution or establishment outside . the prison, and he is not likely to commit any offence if, for this purpose, he is let out of the prison during the day time, the State Government may, subject to. rules made· 'under - ' this Act, by order all?w such person to be let out of prison during the day time to attend an educational institution or to undergo training or apprenticeship in a vocational or ' "f •. industrial establishment, upon his giving an undertaking in . writing to observe ·the conditi~ns specified in the order and upon his entering into a. bond '\vith .surety to return to the prison every day immediately after attending such institution or estabiishment, and .subj~et to supervi~ion of a . : . . Parole c°fficer •. wh% may -be a Probation Officer apppinted under the Pr~b~tio~ of Offenders Act, 1958 or any other ~ Central officer appoJnted by the St~te Government to be a Parole '~~ 95~0 Officer. (2) Before making an order und~r sub-section (1), the. State Government shall take. into consideration _the recommendation of the Review Board constituted under section 22. , • ri ~l : ~ .. (3) The State Government may at am/ time, on being satisfied that the person granted day-release under sub- .. · ~ . section (1) has failed to observe any of the con.ditions of such day-release, or otherwise in its discretion, tevoke an order for day-release. • . .:: . ... . ~ •, . .L' f .1 1400 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2-013 Penalty for failure to surrender ,, Prison offences . , •) (4) An order of revocation made under sub-section (3) ·' shall specify t~e date with...effect from which the order for day-release shall cease to be in force and. shall be served upon the person to whom day-release is granted in such manner as may be prescribed by rules made under this Act. 69. Any person, who fails to surrender himself to the Superinten~ent of the prison- on the expiration of the period of release on furlough or on revocation of a furlough or parole order, or to · return to the prison on any day immediately after attending an educational institution or a ·. vocational _or industrial establishment by an order of day- .. release or on revocation of an order pf day-release, may be arrested by a police officer without warrant, and shall, if such failure be without any lawful excuse, be liable upon I•: ' • conviction before a Magistrate of the first ·class to imprisonment-of .either description for a term not exceeding two years or to a fine not exceeding one thousand rupees ·'· or to both, without prejudice to any proceedings that may be taken against him or his surety or sureties in respect of I such.bond as was entered into for such surrender or return . ; ~.·. to the prison. · CHAPTER - XIII PRISON OFFENCE AND PUNISHMENTS 70. The following acts and omissions on the part of any inmate sryall be deemed as prison offences: ----- ' . . ; (i) conspiring or assisting' to escap~; I (ii) assault or attack upon any officer or inmate·; (iii) orgainslng ~r conspiring to organise a riot, mutiny or . ·any other act of violence and/or ... participating or instigating other inmates to participate in such act of violence: I ' · i ! . /. I I . I THE ASSAM GAZETTE, EXTRAORDINARYf MAY 30, 2013 1401 (iv) omitting or refusing ~~ .report, as soon as it comes to h.is knowledg~, any occurrence of fire, (v) , • any escape, attempt or preparation to escape, any attack or preparation for attack upon officer or inmate, and any violence or preparation for violence; {·-· omitting or refusing to help an officer of the prison when called ~pon to do so In ddusing fire or preventing escape, violence, suppressing assault, attack, violence, riot or'mutiny, or in any other emergencies; (vi) doing any act likely to create unnecessary alarm in the minds of other inmates; (vii) (viii) causing or . attempting to cause disturbance of . • :1 . .. , . . l ' law and order and discipline in th~ prison; wilfully tampering in a11y way:; with ... walls, buildings;· bars; . locks and .,key~'. · lights .. or lamps, handcuffs, · fetters or in;ms of any .. other ) description, or any other security and custody measures of the prison; (ix) communicating or atten:lpting .. to communicate. ·o..;: with outsiders otherwise than through authorized channels; (x) receiving, ;, possessing or tran~ferring any prc)hibited article; · (xi) wilfully tampering with or defacing history tickets, records or documents; (xii) wilfully causing d~mage to p,ri!3on property; •.. (xiii} stealing any prison property or any article of any other inmate; receiving, possessing or transferring any such stol~n property or article; (xiv) wilfully bringing ·any false ~qcusat/on against any officer. or inmate; .·. (xv) .using indecent, abusiye, insultf11g or threatening language; (xvi) doing or making any immoral, indecent, vulgar or disorderly acts or gestures; (xvii) wilfully hurting religious feelings, beliefs or faiths of aey inmate, or attempting to convert any inmate to a different religious faith; ) 1402 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Punishm­ ents for prison offences (xviii) refusing to eat the Jood prescribed by prison rules, or going on .'11i.1,n_gerwstri~e; (xix) willfully or negligently destroying or . spoiling . .. i food; ·· • (XX} feigniAg, illness, or wilfully causing to himself , .. any illness, injury or disability; _,; " (xxi) omitting or refusing to . perform work, .or wilful idleness or negligence at work, as assigned to .him in the manner prescribed; (xxii) such · willful disobedience to any rule 0 or regulation of the prison as may be declared by rules made under this Act to be a prison offence; (xxiii) instigating, abetting or . assisting 1 directly or indirectly;· any . inmate to__ com~~t any of the aforesaid offences:;' 71. · (1) _The Superintendent may ·punish any inmate found guilty of any prison offence with, -~--- · . (i} a formal warning (personally addressed to the inmate by the Superintendent); (ii) forfeiture of remission grant~ under the provisions of sub-section (1) of section 61 : Provided that the.forfeiture of remission . ~ . in excess of thirty days shall be subject to prior approval of the Inspector General; (iii) forfeiture of such prison privileges for such period as may be p~~pribed; . (ivj'. , _tempora_ry or permanent removal frQm a prison office or reduction from a higher to a lower grade · of prison office; l (v) imp~i,t_iQn of . ~~ndcuffs of such pattern and ' weight~ .,~ such manner and for such period, as may be prescribed : ' THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1403 Provided that no female inmate, civil inmate or detenu shall be punished with imposition of handcuffs of any form; (vi) separate confinement for any period not exceeding three months: Provided that separate confinement for a period exceeding one month shall be su,~ject to prior approval of the Inspector General. (2) Any two of the punishments enumerated in ~ub­ sec~ion (1) may be awarded in combination'tor any prison offence, subject to the following exceptions, namely: -- - · · ~ "' ' .... ; . (a) formal watnirig shall not be combined with any other pu11ishment; - ' ,. (b) Imposition of handcuffs shall not 6e combined . ; . . ' .. ~ ~ .& "':- with separate eonfinement; '. ~~;; (~) Np punishment shall be awarded f9r · an~ prison ·~. ·• ,: · offence so ~s ~o C?~bine, togethe~ ~ith'th~ punishment '· awari:fed for any· ·~other · pris~~- off~nce, two of the Safeguards against punishm­ ent :· , ·. . · .··· . punishments which may not be awarded in combination for .. any prison offence. 72. (1) No inmate shall be punished unless he has been informed of the offe.nce alleged against him and given a .reasonable opportunity of making his defence. • . . ..: · , · (?J, No inmate shall b_e punished except by orders of the Superintendent made in ·· accordance With the provisions of this Act and rules made tnere under . . ., •' (3) No inmate shall be awarded any punishment other .• tht;!n"the punishments enumerated in section 71 except by . • 4 t ord_!r of the Court. "" ·· ; I 1404 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30_, 2·013 . ·, Record.of punishm­ ent (4) No inmate shall be puni,ned twice for the same offence:· Provided that any, me'asure of restraint taken under the provision of section 37 shall not be deemed as a punishment for the purposes of this sub-section. (5) No punishment of imposition of handcuffs or '·'separate confinement shall be continued against the ' . . advice of the Medical Officer, who shall be immediately'' informed by the Superintendent of the award of such punishment. and who shall visit every inmate undergoing such punishment at least once a day and report in writing to the Superintendent if he considers the termination, alteration or modification of such punishment necessary on grounds of physical or mental health of the inmate . 73. (1) There shall be a.punishment book in which there • .! ·' shall be recorded in respect of every punishment inflicted on any inmate for a prison offence, the inmate's name, register number and the class (whether habitual or not) to which. he belongs, the date on which such prison offence was committed, the num_ber of previous prison offences recorded against him, and the -date of his last prison offence, · the punishment awarded: and the .. date of infliction. (2) In the case of every serious prison offence, the names of the witnesses proving the offence shalt be recorded, and the Superintendent shall record the :Ji·· .• ... substance of the. evidence of the witnesses, ·the defence of the inmate, and the finding with the reasons therefor. (3) The Superintendent and the Jailer shall affix their initials against the entries relating to each punishment as evidence of the correctness of such entries. .. I j. I· I I II I , I f. Procedure on com miss .. ion of serious offence THE ASSAM GAZETIE, EXTRAORDINARY, MAY 30, 2013 74. (1) If any inmate is found guilty of any prison offence . . · A~ which, by reason of his having frequently committed such offences : or ,_. otherwise, in . the opinion of the Superint¢ndent, is not adequately punishable by the · infliction of any punishment which 'be has power under this • ,.-r ).., ·•:i.'• ' I' Act to award, the Superintendent may forward ~uch inmate tO t~e Court of a Magistrate. having jurisdiction, together ·with a·"--statement of the circumstances, and sudl . Magistrate shall · thereupon inquire. into and try the charge so brought aga!nst the inmate, and, upon conviction, may .. , sentence him . to imprisonment ,of either description for_ a temi ·not exceeding one yee1r o~ to any of the punishments enumerated in section 71. '· · (~~ In respect of any offence "&mmitted by any .inmate which ·i~ punfshable under this Act as well as under the I ~·', Indian Penal Code, 1860 or any other law in force, it shall ~i ·' " . be in the· drscretion of the Superintend$nt to determine 1405 , :-..-·._I • Central Act 45 of 1860 whether h~f 'will use his own powers of punis~me~t or Central forward the inmate to the Court of a .. Magis~~e having .. Act 2 of ., jurisdiction to be dealt with in accordance with the Code of Criminal P~ure._ 1973 : Provided that, in the case of any of the following offences, the Superintendent shall forward the Inmate to the Court of a Magis~rate having jurisdiction, namety ; ~- (a) Any offence triable exclusively by a Court of Session; . , .. (b) Any offence punishable· under section 147 (Rioting) or section 148 (Rioting armed with 1974 a de.adly yj~apon) or section 152 (Assaulting ··or obstructing or using criminal foree to a public Central Act 45 servant when suppressing riot, or.threatening or of 1860 attempting to do so) of the Indian Penal Code, 1860; 1406 - THE ASSAM GAZEITE, EXTRAORDINARY, MAY 30, 2013 t>enalty for introduction or removal of . prohibited articles into or from prison and communica tion with inmates {c) Any offence punishable under section 222 (Pubtic servant intentionally omitting to apprehend any person lawfully committed to custody or intentjonally suffering such person to escape or intentionally aiding such person in Central escaping or attempting to escape) or section Act 45 of 1860 223 (Escape negligently suffered by public servant) or section 224 (Resistance or obstructio.n to lawful apprehension. or escape or, attempt to escape from lawfut custody) of the Indian Penal Code, 1860; (d) Any offence punishable under section 304A (Causing death by a rash or neglige~t act) or section 309 (Attempt to ·commit suicide) or Central Act 45 section 324 (Voluntarily 1~using . hurt by of 1aoo dangerous we~pons or means) or seCtion 325 {Voluntarily causing grievous hurt) of the Indian Penal Code, 1860. (3) No_inmate shall be pqnished twice for the same offence: Provided that the removal of an inmate from a prison office in cc;msequence of a judicial r.onviction for an offence .ehall not be. d~pled as a puni.~nt for the purJ,oses..~f this sub-sec1ton . . · ~ -.1·~~1'· 1• .. . C~TER-XIV -· ·'·. i' . OFFENCES IN RELATION TO PRISONS . . - " 75. Whoev.@r~ .~mrary to any rule made under tnis Act, ' -r..··,.... ~ ' • introduces or removes, or attempts by·. any means· Wh_fltsoever .fo introd~Ce ·i.ir · retTfeve, ihtO Or frorn any f?llson, or supplies., ... ?.r attempts td' suppl~ to any Inmate outside the limits of a prise~, any prohibited article; aiid ·fivery officer of a·· prison Who, eontrary to . any such rule, knmyingly suffers any such article t:> be introduced into or removed · hom Ute .prison; to be - ·'·i p'oss.~ssed by any inmat~, or to Oe.supP,l*i to any inmate outside the lim~s of the prison; ... ·, '· ., \ ·' .-, PenaltY for taking photograph of prison interior . · ; THE ASSAM GAZETTE, EXTRAORDINARY~ .MA Y 30, 2013 .~ .. . \ . - ,,,~ and whoever, . contrary •. to any such rule, communicates or attempts to communicate with any ·· inmate; and whoever, abets any offence made· punishabl~ ., by this sub-section, ---- shall, on conviction before a Magistrate, be liable to imprisonment of either description for a term not exceEt(iing ' ,..), · ' if_ six months or to fine ·not ex~eding-,one thou$8ncfrupees • ' I ·or to both. 76. (1)The prisons are protected places and in the interest of safety and security of the prisons and persorts detained therein, no person shall, without the permission of the State Govemm~mt or· any officer authorized by the State Government in this behalf, take any · photograph or videograph ·of the.interior of a prison. ' . (2) Whoever, contrary to the provisions of sub­ section (1), tat<es in an unauthorize~ or surreptitious manner any photograph or videograph of the ·int~nor of a prison, including any aerial photograph or videograph • taken from a high-rise facility, a~d whoever contrary to the aforesaid provisions, publishes or telecasts or otherwise displays such photograph or vid~ograph of the_ interior of ~ prison taken in an unauthorized ot surreptitious manner, and whoever aids or abets any offence made punishable by this section, shall, on epnviction before a Magistrate, ·be liable to imprisonment of either description for a term not exceeding six months or to fine not exceeding one thousand rupees or to both. 1407 1408 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Power to arrest for offences under sections 75 and76 77. When any person, in the presence of any officer of a prison, commits any offence specified iri section 75 or section 76, and refuses on demand of such officer to state his name and address, or gives a name or address which such officer knows, or ha·s reason to believe, to be false, such officer may arrest him, and shall without unnecessary delay make him over to a police offi~r. and thereupon such police offiCE!r shall proeeed as if the offence had been committed in his presence . . Publication 78. The Superintendent · shan cause to be affixed jn a of penalties conspicuous _place outside the prison, a notice in English Transfer from one prtso,n t9 .. another In the State and the vernacular setting forth the acts prohibited under . sections 75 and 76 and the penalties incurred by their commission. . CHAPTER - XV TRANSFER . . 79. (1} The State Government ()r, subject to its general or .sp·ecial directions, the Inspector ~~neral may, by general or special order, djrect any inmate to ·be transferred from one prison tO-any other prison in the State : ProVided that when an order is made ·under .this section directing an undertrial .inmate· :to oe transferred· ' ... ., . . ', ' . . from one. prison to any other prison,, ir:itimation about such • ;,.,J~'" r I . , ~ - ... ~ - • ~. ".j . . , order shall be immediately communicated to the Court by whose warrant or order th~ jnrttate is ·committed to prison, together with a commitme~'t ·to prod~ce him in that Court on the date fixed for his production. (2) 'ifie Superintendent of the prison· to which any person is transferred under sub .. section (1) shall reeeive an.p detain him, so far as may be, according to the -~xfgency of any writ, warrant or order of the Court by which such person has beep comroi:tted, or until such "'!- • • -·"' person is discharged or removed irf due cou~~e of law. ,·· ... . ;._..,, ···.,. I ·- ,, ' ... THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1409 Transfer to and from any other State - 80. (1) The provisions of the Transfer of Prisoners Act, Central Act 29 1950 shall be followed. in cases where a person detained of 1950 ~ .. ,.; in a prison in ·the State under sentence of death or imprisonment or in default of payment of fine or in default of giving security for keeping the peace or for maintaining good behaviou~; is required to be transferred to a prison in any other. State or Union Territory, and where such a person is required to be transferred froni a prison in any other State or Union Territory to a prison in the State. (2) Upon and with effect from the admission qf a person in a prison in the State. by transfer from any prison in any other State or Union Territory as aforesaid. the pro'llLSions of this Act and rules made thereunder shall apply to such person ~s if he had been originaJly ·admitted to s1,.1ch prison in the State: -Provided that in the case of such a person, the authority for granting suspension, remission and commutation of sentence and for granting State remission shall remain with the appropriate G,pvernment· as defined in s·~~dtibn.2 of this Act. Transfer to. 8.1. The State Government and subject to its general mental h_pspital of dir~~ion ,and control the Inspector GenEfral, may by order, inmates of . direct, ___ ,; •r. ~ . ' UhffOUnd · ,,, •· >-:·, mind ... t~,i ~.. . committed·'· (a) a person accused of an offence, who Is found to be of unsound mind and conse:que_ntfy incapable of making his defence and i~ ic-ommitted. to to.prison under · section ~~O or section 335 of the Code of •. Criminal N•, prison under sub-section (2) of section 330 _of Central Act 2 of 1974. Procedure, 19]3 the Code of Criminal Procedure, 1973 for safe custody without any specific orders for his removal to .asylum, or (b) a person acquitted of an offence on grounds of unsoundness" of mind, who is committed to .• . . ~ prison Uflder section 335 of the said Code of .. Criminar Procedure, 1973, for safe c1.,1stody Without ·ar:iy specific orders for his removal to asylum, { -·-·-·-- 141 o THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3(}, 20t3 Transfe'r to mental h0$pl1;81 C)f convitted inmates of unsound mind to be transferred -from a prison to a mental hospital in -the _.State or ill any other State or Uriion Ten::ltory, and upon I •. such transfer - such pe~on shalf ·be dealt with In .. ~. . ' accorda.nce with the provisions of sections .337, 338, and 339 of the said Code of Criminal Procedure, 1973 : - . . ... -. , _(' . ··, Proyided ·that no ord_er directing a person to· be ' transferred to a mental hospital in ·any other State or Union Territory shall be made under this section except by the State Government and except with the consent Of the Govem!llent of such other State or Union Territory .. ... _, ~ 82. ( 1) The State Government and subject to its general .. direction, a~d control the Inspector General, may by .order, direRt a ·convicted -person detained in a .prison. who is certified by the Medical Officer to be-·ol' qnsound mind, to·,. be transferred from such prison to'a ·mentai' hospital in the ·'State or in eny qther St~te or Union Territory : . .h -- · ··· :-·•" Provided that .no order directing a person to be transferred to a "1ental hospital in any other State or Union Territory shall b~ made u~der this f;Ub-section except bf the State Government · and except with the consent of the • Government of such other State or U9ion Territory' . . (2) A person transferred to a ~entar hospital in ·pursuance of an order made under sub·section (1), shall be detained in such hospital until he becomes of sound · •J . mind and is tran_sferred to a prison in pursuance of an order made under sub·section (4) or disct:targed in accordanqe with the provisions of sub·section (5). I . -(3) The period of detention of a person in a mental hospital in pursuance of an order: made under sub-section (1), shalt be reckoned as a part of the period of imprisonment to which he was sentenced, . . ~ Medical certiflc.ate prior to transr.r, Non­ e.xposure to public view 1-" THE ASSAM GAZETfE, EXTRAORDiNARY, MAY 30, 2013 (4) If a p.erson detained in a tlj\ental hospital in ''.. • I . pursuance. of an . order made, .under sub-section (1) become;s of sount;j mind before ~the expiration of the remaind~:f· of the ter;,, of imprison~ent.1<i>. which he was sentenced, the'.authority making svch order shall, by or:der) direct such person to be tra,nsferred from such mental hospital to a prison. (5) If a person · detainell in a mental hospital in I• pursuance of an order made under sub-section (1) 1411 Central becomes of sound mind on or after the expiration of the Act. 14 remainder of the ~term of imprisonment 'to which he. was of 1987 s~ntenced, he shall be discharged from such hospiµtl in accordance with· the provisions~·~t· -section 40 of ~.ntal ... ·~ Health Act, 1987. ., ... . 83. {1) All inmates, prior to their .t_ransfer from a prison, . sharrbe.exarnined by the Medical Offi~r~ .. . ' . (2) N.o inmate shall be tran~~;i~ ftom ·a prison .. . . . ~;.. unless ~e Medical 'officer certifies that the inmate is fit to undertake the journey. 84. While escorting ari inmate from or to a prison, his exposure to public view shall' be as litt(e as "possible, and pr9per safeguards shall be ad.opted to prat~ct him from •. " • ~ ;~l . ' .. . insult't>r injury arid undue curiosity or publicity. .,. ·1 .• ... .... : ,' Attendance In court on expiry of remand period CHAPTER,XVI '·. ""' , ATTENDANCE/ N COURT 85. The ';Superintendent shalt cause e~ ··person :;committed tb prison by warra-~t or order or Iii, c~urt pending the investigation, inquiry or trial of an offence of which he ·is accused, to, be taken to such Court, together with such warrant or order, on the expiration of each period of detention authorized by st,1c~ warrant or or~~r. - ·pJw' t' ' ... 1412 THE ASSAM GAZETTE, EXTRAORDlNARY, MAY3(), 2013 Attendance of inmate in court to give evidence or answer a charge Relation YJit:h and assistance to family 86. In cases where the attendance of a person detained in a prison is required by a Court of Civil or . Criminal Jurisdiction for giving evi.dence or answering a charge, and a warrant or order requiring his production is issued by s\Jch Court under s.ection 3 of the Prisoners (Attendance in Courts) Act, 1955 or under s.ection. 267 of the Code of Central Act 32 of 1955 Criminal Procedure, 1973, the Superintend.ant of .-the Central Act 2 Of prison shall act on such warrant or order in accordance 197 4 with, and subject to, the provisions of the said Ac:t or Chapter XXll of the said Co~e, as the case may be : Provided that a warrant or order issued by a Court requiring the production of person in such Court in connection with any case shall not by itself, be a sufficient authority fat detaining such person in prison in com:iection with such case, and therefore, no person shall be kept detained in prison in connection with such case on the .... -strength of such a warrant or order alone unless there exists a separate warrant issued by such Court specifically directing such person to· be detained in custody in connection with such case. ·' CHAPTER~ XVII SOCIAL RELATION AND REHABILITATION 87. ( 1) An inmate shall be encouraged and ·assisted t.o ' ., ~ 'I maintain a.nd improve such relations. with_ his. family as. are desirable in the best mterests of his family_.and himse~f. and to establish and maintain such relations with persqns , and agencies outside the prison as may promote the best interests of His family . . ,_ (2) Due provisions shall.be made for giving, so·f~r as is necessary and possible;·' tnlilerial. assistance for the subsistence of indigent dependents of an inmate under a sentence o.f imprisonment for life during his 'detention in prison. ,,.,_.,.J i 1 j fj ~ I .. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Pre-release 88. An inmate under a $entence of imprisonment imposed preparation on ·conviction for an offence shall be prepared by Aftercare and . rehabilitcl· tion ' Removal of disqualifica­ tion for employm­ ent counselling and g1,.1idance for a smooth return and re~adjustment to hi.s family and to the society, and shall be encouraged and assisted to establish and mainta!n such relations with persons and agencies Qutside the prison as . . may promote the · prospects of his socio-economic rehabi.litation . 89. Due provisions shall be, made. for providing an inmate under a sentence of imRrisonment imposed on conviction for an offence, with - (a) a certificate about his co~duct in prison and the vocational proficiency acquired by him in prison, at the time of his release on the expiration of his sentence or on parole; -(b} so far as is necessary and possible, material and other _ assistance for his economic rehabilitation after his. ~lease from prison on the expiration of his sentence or on parole. 90. (1) ~ave as pr~vi~ed in su~~section (2), no person released from prison on the expiration of a sentence of imprisonment or on parole shall be disqualified or discriminated against on grounds of his having been detained in P.rison, in the matt~r of employment under the State Government or any undertaking owned or controlled, wholly or partly, by the State Government or any privat~ employer. (2) The S~te Government may, by notification in the Official Gazette, dir~ that persons having been detained in prison on convictiqn for such offence or class of offences shall be deemed to be ineligible. for such kind or kinds of employment under the· State · Government or any undertaking owned or controlled, wholly or partly, by the StaW-Government, as may be specified in such notification: 1413 1414 THE ASSAM GAZETTE, EXTRA.ORDINARY, MAY 30; 2013 Power to make rules Provided that the State Government may, on merit of individual cas~s, by order, exempt such a person from the operation of such notification. CHAPTER-XVIII MISCELLANEOUS 91. (1) The State Govemmerit may, by notifjcation in the official Gazette, make rules for carrying out the purposes of this Act. ' (2) In particular and without prejudice to the .generality of the foregoing power, such rules m~y provide for~ - (i) the classification of prisons, and regulation of the class or classes of inmates to be detained in ' each .class of prisons; (ii) the description and Construction of the prison buildings, and specificatiOf'.l of floor space, cubic content of air and venti1ation in buildings o~cupied by inmates; {iii) regulating the establishment and declaration of temporary prisons; {iv) the recruitment, training, conditions of service and functions of t~e officers: (v) regulating the selection. appointment and functions of the convict officers; (vi) the constitution and mode _of functioning of the State Adviso,.Y Board on Correctional Administration, the Boards of Visitors and the Review Board; ' (vii) the maintenance of records and registers . in prisons; (viii) regulating the admission, detention and release · of Inmates; (i~) defining the circumstances and. regulating the conditions under which ·inmates in danger of death may be released; (x) the preparation and maintenance of history tickets; (xi) regulating the accommodation and separation of inmates; . . (xii) the classification of inmates for treatment and training; (xiii) the rewards to inmates for good conduct and performance: (xiv) the sc;:ale and manner of supply of food, clothing, ( bedding ·and other equipment to inmates; (xv) reguJating the transmission of appeals and applications from inmates; (xvi) the engagement of inmates in work and regulating the hours of wo~; (xvir) regulating the remuneration to Inmates engaged in work; (xviii) the education and recreation of inmates; (xix) regulating tne interview and communication with ,, inmates; ' 1416 THE ASSAM GAZETTE, EXTRAORPINARY1 MAY 30, 20'13 t:.!"' ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .' (xx) regulating the grant of remission; (xxi) regulating the release of' inmates · on furlough and parole, and grant of day-re.lease to inmates., and defining the conditions upon which inmates may be released · on furlough and parole, and · granted day-release; (xxii) regulating the manner in' which an· order of revocation · of furlough,· parole or day-release may be served upon a per.son released on furlough or parole, or granted day-release; (xxiii) defining the powers and duties of the Parole Officers, societies,. ins~itlrtiolis or persons under . ·. whose supervision or authority persons released on parole may be played;· (xxiv) de~ning the prC?_~ibit~ articles;' (xxv) .defining the acts which shall constitute prison offence; classifying the prison offences Into serious and minor offenc~s; and fixing the ' punishments awardable on commission of such offences; (xxvl) prescribing the pattern and weight of handcuffs to be used as punishment and chain fetters to be used as instrument of restraint; and regulating the manner of using such handcuffs. and fetters; (xxvii) . r~gulating the use of arms against any inmate or group of Inmates in the case of an outbreak or I . ,. , . attempt to escape; (xxviii) regulating the transfer of inmates and their escort on transfer; ., :n 7 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Repeal end ••vlnge (xxlx) regulating the treatment, transfer and disposal of Inmates who are of unsound mind or who, having been of unsound mind, have become of sound mind; (xxx) regulating the a1af1tance to the families of inmates; (xxxi) aftercare and rehabilitation of inmates on release from prison. 92. (1) The Prisons Act, 1894 and the Prisoners Act, 1900 along with the amendments made therein in their appUcation to the State of Assam, and the Good Conduct Prisoners' Probational Release Act, 1938 are hereby repealed. (2) Notwithstanding such repeal, any rule or appointment made, order or direction issued, actton taken . ' or anything done prior to such repeal under any of the Acta so repealed shall, In so far as it is consistent with this Act, be deemed to have been made, Issued, taken or done under the corresponding provisions of this Act, and shall continue to have effect · accordingly unless and until superseded by any rule or appo!ntment made. ordtlr or direction lsaued, action taken or anything done under this Act. (3) All referel')ces in any enactment to a~y of the provl•lone of the Acta so repealed shell be construed as references to. the aorreepondlng provisions of this Act.. Central Act 9 of 1894; Central Act 3 of 1900; Assam Act 2 of 1938 MOHD. ABDUL HAQUE, Commissioner and Secretary to the Oovt. of Assam, Legislative Department, Dispur.