The Kerala Prisons and Correctional Services (Management) Act, 2010

187 [TranslatiOn m Enghsh of "2o10-6le.t ace.<!l§ ln.ilCTUmllce.~lo cruoUDlrtU1db<!I6TTl cru~~\e,(l)6TT) QCTU('}l(T)6qi'J§Jo (m~C)4n06Tllo) ~g'' pubhshed under the authonty of the Governor] ACT 9 OF 2010 lliE KERALA PRISONS AND CORRECTIONAL SERVICES (MANAGEMENT) ACT, 2010 An Act to provzde for the safe custody, correctwn, reformatwn, welfare and . . rehabzhtatzon of przson'ers and management of przsons and correctwnal ~ervzces zn the State and for mal/en. conne~ted therewith or mczdental thereto Preamble -WHEREAS, 1t 1s exped1ent to prov1de for the safe custody, correctiOn, reformation, welfare and rehabthtatJOn of pnsoners and management of pnsons and correctiOnal serv1ces m the State and for matters connected therewtth or mc1dental thereto BF 1t enacted m the S1xty first Year of the Repubhc of Indta as follows - CHAP1U I PRELIMINARY 1 Short tllle extent and commencement --(I) Th1s Act may be called the Kerala Pnsons and Correctional Serv1ces (Management) Act, 2010 (2) It extends to the whole of the State of Kerala (3) It shall come mto force on such date as the Government may, by nottficatJOn m the Offic1al Gazette, appomt . 2 Definztwns -In th1s Act, unless the context otherwtse requtres,- (t) "Act" means the Kerala Pnsons and C_orrecttOnal Serv1ces (Management) Act, 2010; (11) "adolescent offender" means,- (a) any person who has been convicted of any offence pumshable wtth tmpnsonment, or who havmg been ordered to gtve secunty under section 117 of the Code of Cnmma1 Procedure, 1973, has failed to do so and who at the ttme of such conv1ct1on or fatlure to gtve secunty 1s not less than 18 years, but not more than 21 years of age , or 341878120111t>TP 188 (b) any person who has been committed to pnson custody dunng the pendency of hts tnal and who at the time of hts commttment, IS not less than 18 years and not more than 2 1 years of age , (111) .. adult pnsoner" means any pnsoner who IS more than 21 years of age , (tv) "after care home" means an 1nstttut10n establtshed by the State Government for the financ1al and soctal rehab1htat1on of released pnsoners for becommg normal and good c1t1zens , (v) "after care serv1ce" means a serv1ce or act1v1ty a1med for the financ1al and soctal rehabthtatwn of released pnsoners for enabling them to lead a hfe as that of a good ctttzen , (vt) "ctVJI pnsoner" means any pnsoner who IS not a cnmmal pnsoner , f (vu) "competent authonty" means any authonty havmg power under any law to 1ssue an order of detentiOn or any officer havmg Junsd1ct10n and authonty under any law for the ttme bemg m force to deal wtth a part1cular matter m queshon , (vm) "confinement" means confmement m a pnson, and mcludes detention m a pnson under any law prov1dmg for preventive detention , (tx) .. convicted pnsoner" means any person commttted to a pnson m respect of whom any order of convtctJOn has been made by any competent court and mc1udes a person commttted to the custody of a pnson m default of payment of fine or fumtshmg secunty under any proceedmg under sectiOns 1 07, . 108, 109 and 110 of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) , )"'• (x) "correctiOnal serv1ces" means the scrvtces mamtamed by the State Government for proper management, admm1strat10n, functwnmg of pnsons and reformatiOn of pnsoners to become good cthzens , (xt) "cnmmal pnsoner" means any person commttted to custody under wnt, warrant or order of any court or authonty exerctsmg cnmmal JUrtsdlcttOn or by order of a Court Marttal , (xu) "dangerous pnsoner" means any pnsoner who 1s v10lently predtsposed or showmg vtolent dtspos1t10n contmuously or hkely to escape from pnson, (xm) "Deputy Inspector General" means the Deputy Inspector General of Pnsons and Correctional Serv1ces of the State , ~L I 189 (x1v) "detenue" means any person who has been conumtted to a pnson by warrant, wnt or order 1ssued by a competent authonty under any law prov1dmg for preventive detentiOn and mcludes any person detamed Without tnal under any law for the t1me bemg m force , (xv) "D1rector General" means the D1rector General of Pnsons and Correctional Serv1ces of the State , (xv1) "escort VISit" means VISit under escort to any place, of a pnsoner who 1s not ehg1ble for .emergency .leave for a penod not exceedmg twenty four hours excludmg JOurney ttme for to and fro , (xvn) "Fund" means the Kerala Pnsoners' Welfare Fund estabhshed under sectiOn 70 , (xvm) "Government" means the Government of Kerala , ~ • (x1x) "hab1tual offender" means a habitual offender as defined under .: clause (d) of secbon 2 of the Kerala Habitual Offenders Act, 1960 (28 of 1960) , (xx) "h1story t1cket" means the t1cket exh1b1tmg such mformatwn as IS requ1red m respect of a pnsoner under the Act or Rules made thereunder , (xx1) "mmate" means any person kept m an mshtutlon , (xxu) "Inspector General" means the Inspector General of Pnsons and CorrectiOnal Serv1ces of the State , (xxm) "mst1tutwn" means a place, where pnsoners are kept , (xx1v) "lunallc cnmmal pnsoner'' means a cnmmal pnsoner who,- - (a) 1s of unsound mmd at the t1me of Ius admJssJon mto a pnson ., "'{ or thereafter, but before conv1ct10n , " --- (b) 1s of unsound mmd at the t1me of conv1ctwn or thereafter , (xxv) "Med1cal Officer" means a Gazetted Officer of the Government designated as such under the Act and mcludes a med1cal pract1t10ner declared as such by general or spec1al orders of the Government to be a Med1cal Officer for the purposes of the Act , (xxv1) "med1cal subordmate" means a quahfied Med1cal Assistant , (xxvu) "m1htary pnsoner" means a pnsoner comrmtted to a pnson on conv1cllon by a Court Mart1al , (xxv111) "non-habitual offender" means a person who does not habitually engage m offences , 190 (XXIX) "notification" means a notificatiOn pubhshed m the Offictal Gazette, -+"-· (xxx) "offence" means an Act or om1ss1on made pumshable by any law for the t1me bemg m force , (xxx1) "parole" means the system of releasmg the pnsoners temporanly for such penod by followmg such procedures and condtttons, as may be, prescnbed , (xxxn) "prescnbed" means prescnbed by rules made under thts Act , (xxxm) "prtson" means any Jatl or place used permanently or temporanly under the general or spectal order of the Government for the detention of pnsoners and mcludes all lands and butldmgs appurtenant thereto, but does not mclude,- • (a) any place for the confinement of pnsoners who are exclustvely m the custody of the Pohce , - (b) any place spectally appomted by the Government under sectton 417 of the Code of Cnmmal Procedure, 1973 (Central Act 2 of 1974) , . (c) any place whtch has been declared by the Government by general or spec1al order to be a spectal pnson , (xxxav) "pnsoner" means an under tnal pnsoner or a convtcted pnsoner or a ctvtl pnsoner and mcludes a pnsoner remanded under the orders of a competent authonty , (xxxv) "prohtb1ted article" means any arttcle, the bnngmg or removmg of whtch, tn and out of pnson, ts prohtbtted etther under thts Act or under the Narcotac Drugs and Psychotroptc Substances Act, 1985 (Central Act 61 of 1985) and the rules made thereunder , (xxxv1) "rehab1htatton ass1stance" means any ass1stance mcludmg fmanc1al assistance gtven to a released pnsoner for the purpose of hts rehab1htat10n , (xxxvn) "remanded pnsoner" means any person who has been remanded by Court tol custody or by any other authonty exerc1smg power to remand a person to pnson, pendmg tnal or mvesttgatton by Poltce or any other agency or authonty enforcmg law , (xxxvm) "remiSSion" means the ,system of regulatmg the award of marks and consequent shortenmg of sentences of prt!>oners m Jatls or pnsons tn accordance w1th the rules made under the Act , \ -}, .191 (xxxLX.) "rule" means a rule made under th1s Act , (xi) "Scheme" means the Kerala Pnsoners' Welfare Fund Scheme framed under sect1on 70 , ' (xh) "secunty pnsoner" means any pnsoner from whom there IS a threat to the soc1ety or to the secunty of the State , (xlu) "State" means State of Kerala , (xl111) "Supenntendent" means the off1cer who 1:. appomted.as supenntendent of a pnson and mcludes an off1cer posted til charge of a pnson , (xhv) "undertnal pnsoner" means a person who has been comm1tted to pnson by Court or competent authonty pendmg tnal of a case aga1nst h1m CHAPTI:R II ESTABLISHMENT AND ADMINISTRATIVE SETUP OF PRISONS 3 Power of the Government to appomt D1rector General, Inspector General, Deputy Inspector General and other correctwnal officers -( 1) The Government shall, appomt a prrector General of Pnsons and CorrectiOnal Services for the admirustratton, management and correctiOnal serv1ces of all the pnsons m the State of Kerala (2) The Government may also appomt, as many Inspectors General of P~1sons and CorrectiOnal Serv1ces, Deputy Inspectors General of Pnsons and Correct10nal Servtces and such other officers and staffs, as It may deem fit, to asstst the Drrector General of Pnsons and CorrectiOnal Servaccs. m exerctsmg powers and functtons conferred upon btm under thts Act or rules made thereunder (3) The officers and staff appomted under sub-sectton (7) shall exerc1se such powers and discharge such duues, as may be, prescnbed 4 Powers and functwns of Dtrector General of Pnson~ and Correctwnal SerVIces -(I) The D1rector General of Pnsons and Correctional Serv1ces shall exerc1se or perform hts powers and functions m accordance w1th the Act and the rule!> made thereunder • ------------ 192 (2) In particular, and Without preJudJce to the above, the Duector General shall exercise or perform the followmg powers and funcnons, namely - (a) to Implement pohc1es of Government relatmg to pnsoners and pnsons , (b) to plan, orgamse, oo-ordmate and control the activttJes of pnson and correctiOnal serv1ces , (c) to defme the functtons and fiX channels of command of the pnson personnel , (d) to mspect pnson mstitutJons and ensure proper tmplementatwn of progranune or measures for the reformation, correctiOnal services, welfare and rehabilitatiOn, treatment and trammg of pnsoners, protection of human nghts of pnsoners and ensure diSCipline among officers and staff , (3) The Director General shall also exerctse such admmJstrauve, financ1al A and diSCiplmary powers as may be exercisable by a Head of the Department ~ and such other powers specifically conferred upon hun by the Government from tune to tune by spec1al or general order ( 4) The Duector General may delegate one or more of powers vested m hun to his tmmedtate subordmate subject to orders, directions and gUidelmes of Government Issued from tune to tune 5 Structure of Zonal Headquarters.--( I) The State shall be diVIded mto such number of zones as may be necessary for t~e purposes of admmJstratJon and management of Pnsons and Correctional Services (2) Each zone shall be under the admm1strat1Ve control and superviSIOn of a Deputy Inspector General of Pnsons and CorrectiOnal Serv1ces and he shall exercise such powers and functions, as may be prescnbed (3) The Deputy Inspector General m each zone shall be assisted by Supenntendent and other subordmate officers of the Pnson and CorrectiOnal Services, to exercise or perform the powers and functions under the Act and rules made thereWlder 6 Supermtendent and other Officen. of pn ~ons -(I) In every Pnson there shall be a Supenntendent, a Medical Officer, a Welfare Officer and such other officers and mm1stenal staffs, as may be prescnbed, for the functwmng of the pnson (2) The Supenntendent, Jomt Supenntendent, Medtcal Officer, Welfare Officer and other officers shall exerctse such powers and perform such functions, as may be prescnbed r • ~. - ' 193 7 AccommodatiOn for pnsoners -(I) The Government shall provtde accommodatton m pnsons, constructed and regulated m such manner so as to comply w1th the requrrements of th1s Act (2) SubJect to the provtstons of any law or rules for the time bemg m force and condttwns wh1ch may be prescnbed, Government shall provtde m pnson a decent standard of hfe for the pnsoners 8 Categones of pnsons -(I) The Government may, by ·not'lficatton, cstabhsh vanous categones of pnsons for the purposes of the Act and rules made thereunder (2) The pattem of construction of pnson, ground space, a1r space and ventilation 10 respect of coils, sleep10g barracks, bathmg places, k.Jtchen, work sheds, hosp1tals etc shall conform to such standardc; and 1eqUJrements, as may be spec1fied, by not1ficat10n, by the Govenunent, m th1c; behalf' (3) The !>tandards of secunty of each pnson shall. such as may be prescnbed 9 Temporary accommodatwn for pnsoners -Whenever the Director General IS satisfied that,- · (a) the number of pnsoners m any pnson 1s greater than that can convemently or safely be kept therem and tt 1s not convement to transfer the excess number to some other pnson , or • (b) due to natural cal arm ties or outbreak of ep1dem1c d1seases w1thm any pnson or for such other reasons, 1t IS des1rable to prov1de for the temporary !>helter and safe custody of any pnsoner, prov1s1on shall be made by such officer and m such manner as the Govenunent may d1rect, for the1r shelter and safe custody m temporary pnsons of the pnsoners that cannot convemently or safely be kept 10 the pnson I 0 Other Department!> to ass 1st the Director General -Where on the report of a Supenntendent, the D1rector General IS satisfied that,- • (a) m a pnson such emergency sttuat10n has ansen where the secunty of the pnson IS m danger, or (b) for the mamtenance of essential servtces m a pnson mclud10g food and mtrumum accommodatton, the assistance of the officer.. of other Departments, IS mev1table. the D1rector General or an officer authonsed by htm m th1" behalf may request '-· any Department of the Government to.provtde assistance tc.. handle any such sttuahon and on such request, all officers of such Department'> shall be bound to provtde assistance called for 194 CHAPTER III TRAINING II State Institute of CorrectiOnal Admm1~tratwn -(I) There shall be a State Instttute of CorrectiOnal Admmtstratwn, for tmpartmg baste trammg and conductmg refresher and re-onentatwn courses to officers and warder staff m the pnson (2) The State Institute of CorrectiOnal AdmtmstratJOn shall be headed by an offtcer not below the rank of Central Pnson Supenntendent and destgnated as Dtrector (3) The lnstttute shall have such other offtcers and staff as the Government may deem necessary ' +--' (4) The State Institute of Correctional Admmtstratton shall also conduct semmars, sympostums, other awareness acttvJttes, etc on subjects relevant to A -pnson management and correcttonal adrmmstratJOn (5) The Instttute shall be a Centre of learnmg for Pnsons and Correchonal Serv1ces and shall undertake research and analysts on such subjects and tssues, as the Government may deem ftt, for the tmprovement m the standards of functwnmg and performance of pnson and promote correctJOnal servtces to pnsoners CHAPTER IV FUNCTIONS OF PRISONS 12 Functwns of a Pnson -The funct10ns of pnson shall be,- (t) tO keep tn safe CUStody of a pnsoner commttted to It under any r wnt, warrant or an order of any court or other competent authonty , (11) to gtve correctiOnal treatment to the pnsoners m custody so as to efface from thetr mmd the evtl mfluence of antt-soctal ways of ltfe and to rehabthtate them m the soctety as good ctttzens , (111) to provtde the pnsoners wtth food, clothmg, accommodatiOn and other necesstttes of ltfe and adequate medtcal tn:atment and care of stck pnsoners , (tv) to adopt measures for developmg a healthy soctal outlook , (v) to adopt measures,- (a) to put the pnsoners sentenced to ngorous tmpnsonment to labour, -I j • ' 195 (b) to put the pnsoners to vocat10n-onented labour , -~... (c) to put ·the pnsoners on acttvttles m the pnson hke cookmi, \ ,.\, - <>amtary servtces, gardenmg etc on a roaster basts , (vt) to take measures for phystcal, mental and moral uphft of the pnsoners , (vn) to provtde educational and other facthttes for tmprovmg qualities, character and mental attttude of pnsoners , (vm) to take measures for the safety and secunty of pnsoners , (tx) to mamtam dtsctphne m pnson m accordance wtth the provts1ons of th1s Act and the rules made thereunder , and (x) such other faclitttes and amemttes to the pnsoners as the Government may, prescnbe CHAPTFR v -DUTIES OF OFFICERS 13 Dut1e~ of officers m general --SubJeCt to the prov1stons of any law for the t1me beu1g m force and condtUons whtch may be prescnbed, every officer of a pnson shall,- (t) treat every pnsoner tmparttally and wtth humantty , (11) hear any complamt or report made by a pnsoner and redress hts gnevance , (m) mamtam dtsctphne m the pnson , and (tv) exerctse or perform hts powers and functwns and dtscharge bts dut1es promptly and effectively " 14 Officers not to have busmess dealmgs with pnsoners -No officer of a pnson shall sell or let, nor shall any person m trust for or employed by h1m sell or let or denve any benefit from selhng or lettmg, any arttcle to any pnsoner or have any money or other busmess dea)mgs, dtrectly or mdtrectly, wtth any pnsoner or hts near relattves and close fhends 15 Officers not to accept gifts -No officer of a pnson shall accept any gtft from a pnsoner or hts relattves or from persons havmg any dealings wtth pnsoner or pnson admtmstrat10n 34187812011/0TP • 196 16 Officers not to be mterested m pnson contracts -No off1cer of a pnson shall, nor shall any person m trust for or employed by h1m, have any mterest, d1rect or md!fect, m any l.ontract for the supply of prov1s1ons or any other art1cle to the pnson nor shall he denve any benefit, d1rcctly or mduectly, from the sale or purchase of any such prOVISions or art1cles for or of pnson or of any article belongmg to a pnsoner 17 Pumshmen~ for offences unde1 secrwm 14. 15 and 16 -Any officer who conun1ts offence under sectiOns 14, 15 and 16 of th1s Act, shall be hable to pumshment mcludmg removal from serv1ce subject to such rule<>, as may be prescnbcd 18 Admzmstral/ve control and dulles of Superzntendent and othe1 Officers of pnsons --(I) The general admmt<>trat1ve control and management of pnsons shall be vested w1th the Supenntendent and the officers and staff shall excrc1se or perfonn such powers and functtons, as may be prescnbed J~ (2) All off1cers and staff of the pnson subordmate to the Supenntendent shall obey the d1rect10ns of the Supenntendent and perfonn such dulles as may be asstgned to them by the Supenntendent or such officer authonsed m th1s behalf by the Supenntendent 19 Functzons and dulle:; of Supenntendent of Pnson --~ubject to the prov1stons of the Act and the Rules and the lawful orders and d1rect10ns of the Dtrector General or other supenor off1cers m the respectnc zone, the Supenntendent of a pnson shall, manage the pnson m 'at! matters mcludmg admtsswn of pn'>oners, allowtng vtsl_tors ms1de the pnson. secunty of the pnson, labour, correctional programmes, expcndtture, dtsctphne, pumshment and control and release of pnsoners w1th the atd of hts !>ubordmate officers 20 Superzntendent to re~1de m pnson --The Supenntcndent shall res1de m • the pnson unless the Drrector General penntl<; htm, m' wntmg, to restde elsewhere . 21 Rewrds to be kept by the Superzntendent-The Supenntendent shall keep, or cause to be kept, the followmg records - (t) a regtster of pnsoners adm1tted, (n) a book showmg when each pnsoner t<; to be released. (m) a puptshment book for the entry of the pumshments mfltcted on pnsoners for pnson offences, (tv) a vtsttors book for the entry of any observatiOn made by the VISttors touchmg any matter'> connected wtth the ·admmtstrattOn of the pn~on, (v) a record of the money and other articles taken from pnsoners, \ ' \ ' ~-- > :.· \ 197 (vt) Supenntendent's JOurnal, and (vn) such other records, as may be prescnbed 22 Utt!tsatton of the ~ervtces of prtsonen -( 1) The Supenntendent may utthze the servtces of pnsoners m accordance wtth the rules for the day-to-day admmtstratton and management of the pnson (2) Prtsoners, who are appomted ·as officers of pnson!'- as per rules prescnbed, shall be deemed to be public servdnts w1thm the meanmg of the Indian Penal Code, 1860 (Central Act 45 of 1860) ' 23 Dut1es of Med1cal Officer --Subject to the general control of the Supenntendent; the Medical Officer shall be m-charge of health, hygiene and the medtcal and s·amtary admmtstratiOn of the pnsoners m pnson and he shall perform such dulles as may be prescnbed 24 Medtcal Board to 5ubmlt 1 eport 1n certam cases -( 1) Whenever a Medtcal Board constituted by the Government by notification m the Gazette for thiS purpose .. considers that any pnsoner IS senously 111 and that h1s Illness has not been caused or aggravated by the pnsoner htm~elf and that h1s tllness, whether caused by 1mpnsonment or not, w11l be 'iO aggravated by further ' 1mpnsonment as to render h1s early death certam and that the pnsoner wtll have a fa1r chance of recovery 1f relea">ed, 11 shall record a certificate accordmgly,. forward the same, through the Supenntendent of the pnson, to the Director General together w1th a full statement of the med1cal case and of the reasons wh1ch led the Medtcal Board to the observation m the cert1 ficate Whtle forwardmg the certificate and ">tatement, the Supenntendent shall furntsh the nommal roll of the pnsoner showmg the amount of remtsston earned and any remark~ relevant to the case The Dtrector General shall forward the report to Government for appropnate orders wtth ht"> remarks regardmg the release of the pnsoner (2) Whenever the Medtcal Board has reason to beheve that any pnsoner ts m danger of death from stckness not due to mfect10us dtseases and that there ts no scope for recovery mstde or oul">tde the pnson, It shall record a certtficate accordmgly and along with full detatls of the case, send a report to the Supenntendent of the pnson who tn tum forward the same to the Dtrector General along wtth a nommal roll of the pnsoner, detatls of remtsston and hts spectfic remarks • (3) On recetpt of the report, the Dtrector General ~hall along wtth hts remarks, address the Government for deciSion whether the pnsoner shall be released tmmedtately or not ' 198 - (4) Whenever the Med1cal Board has reason to beheve that the mmd of a pnsoner ts or 1s hkely to be tnjunously affected by the d1sC1plme or treatment _,.._, to whtch he IS subjected, the Medtcal Board shall report such case m wntmg to the Supenntendent, together w1th such observations as tt may thmk proper fhe Supenntendent shall take appropnate act10n on the report and also send a report forthWtth to the D1rector Qeneral together wtth details of actton taken and the report of the Med1cal Board 25 AdmmLStermg of medtcmes--The Med1cal Officer shall not admm1ster any med1cme to any pnsoner Without mform1ng h1m of what IS betng admm1stered to htm Prov1ded that the Med1cal Officer may adm1mster any such med1cme to any pnsoner Without mfonnmg h1m of what IS bemg adrn1ntstered, m emergent SituatiOns, where the pnsoner IS unconscious or m a state m wh1ch he IS not fit to understand and respond to such mformat1on 26 Report on the death of a pnsoner -{ 1) On the death of any pnsoner, the Med1cal O,fficer-m-charge shall forthwith record m a register the followmg parttculars, so far as they can be ascertamed, namely -- (a) the day on whtch the deceased first complamed of Illness or mJury or was observed to be til or InJUred, (b) the labour, tf any, on whtch he was engaged on that day, (c) the scale of h1s d1et on that day, (d) the day on whtch he was adm1tted to hospttal, (e) the day on wh1ch the Med1cal Officer was first mformed of the tllness or mJury, y (f) the nature of the dtsease or InjUry, (g) whether the pattent pnsoner wall referred to outs1de hospttal, (h) 1f so, the detatls of tr~atment prov1dcd m the outside hospital, (1) the detatls of medtcmes admmt<>tered and the chmcal tests conducted on the pnsoner, ' (J) when the deceased wa" last seen before ht~ death by the Medtcal Officer or Medtcal Subordmate, (k) the time of the death of the pnsoner, and (I) an account of the appearance of the corpse, together wtth any spec1al remarks that the MedJcal Officer may desire to record or report to the Supermtendent I . , 199 (2) The ~edtcal Officer shall send a report of such death to the Supenntendent of the Pnson and to the Dtrector General, through the Supenntendent 27 Subordmate Officers not to be absent w1thout leave -Offtcers subordmate to the Supermtendent shall not be absent from the pnson w1thout leave from the Supenntendent or an officer authonsed m th1s behalf by the Supenntendent CHAPTER VI DISCIPLINE IN PRISONS I 28 Dlsc1plme m Pnsons-{ l) The Supenntendent and other officers shall be respons1ble for mamtammg dJSCiph!le m the pnson and of pnsoners and staff m accordance With the prov1s1ons of th1s Act and Rules made thereunder ~ (2) There shall be a comnuttee cons1stmg of ~upenntendents, Jomt ":-..-~ "/ \ Supenntendent (Dtsc1plme) or Deputy Supenntendents, Welfare Officer and Med1cal Officer for the purpose of mamtammg dtsc1phne m the pnson (3) The Supenntendent shall be the Chairman of the Comm1ttee and Ch1ef DISClplme Officer of the pnson The Jomt Supenntendent (DISClpltne) or the Deputy Supenntendent shall be the OISClpltne Officer (4) The committee may dec1de the procedure for transaction of Its bus mess (5) The Ch1ef D1sc1phne Officer or DISClphne Officer shall subject to the superv1s10n of the Committee mamtam d1Sc1phne m the pnson ( 6) It shall be the duty of the DJsc1plme Officer,- - (a) to asstst the Ch1ef D1sctphne Officer m mamtenance of secunty and d1sc1phne m pnson, (b) to superv1se the work of gate keepers, (c) to supervtse the work or labour of pnsoners, (d) to prevent smugglmg of any prohibited' or unauthonsed art1cle m the pnson, (e) to take actton agamst offenders of smugghng or possessmg proh1b1ted arttcles, (f) to rccetve- offtctal and non-offic1al VISitors, (g) to carry out mstructJOns of the Ch1ef D1sclphne Officer m all matters relatmg to dJSClphne and pnson admm1strat10n 200 (7) The manner of enforcmg d1Sc1plme m pnson!> shall be, such as may be prescnbed )o--~ 29 Respons1bll1ty of Supenntendent m D1stnct Jall1, Specwl Sub Ja1ls and Sub Ja~ls -The Supenntendent assisted by h1s subordmate officers !>hall mamtam d1sc1phne m the pnson m accordance with the provisions of the Act and Rules made thereunder CIW'TI R VII ADMISSION AND REMOVAL Of PRISONERS 30 Adm1sswn of Pn:;oners --(I) No person .;;hall be admitted mto a pnson for detentiOn unless a warrant, wnt or order authonsmg h1s detentiOn s1gned by a competent authonty and duly sealed, IS produced before the officer who, for the lime bemg, remams m-charge of the pnson (2) Every person rece1ved m a pnson for detentiOn shall be searched and the officer conductmg the search shall take mto custody all weapons and proh1b1ted articles, 1f any, m the possess1on of the pnsoner The search !>hall be mad~ m such manner as may not subject the pnsoner or the person to unnecessary harassment, hum1hat10n or 1gnommy A female pnsoncr shall be searched by the matron or by a female warder only When a female ~~ admitted mto a pnson and 1f there IS no other female pnsoner, a female warder be deputed to remam ms1de the ward where such female pnsoner 1s accommodated (3) All money and other valuable art1cles m respect whereof no order of a competent court has been made and wh1ch may wtth proper authonty be brought mto the pnson by any cnmmal pnsoner or brought to the pnson for h1<; use, shall be placed m the custody of Supenntendent or an officer authonsed by the Supenntendent m that behalf (4) Every pnsoner after bemg searched and before bemg taken mto h1~ accommodatiOn shall be photographed at the gate 1tself and b10metnc measurements mcludmg finger pnnts should be taken for establishment of h1~ correct 1denttficat10n (5) Every pmoner shall also, after admi<;sJOn, be exammed on the same day or the next day under the general or special orders of the Medical Officer, who shaH enter or cause to be entered tn a book, to be kept by the Med1cal Officer, a record of the state of pnsoner's health mcludmg blood group. whether he 1s an HIV pos1t1ve and of any wounds or marks on h1.;; person, the class of labour he IS fit for, 1f sentenced to ngorous 1mpnsonment and any observatiOns wh1ch the Medical Officer cons1ders fit to add ..,._, I 201 ~ (6) Dunng exammat10n under sub-sect10n (5), 1f 1t IS found that any ~ pnsoner 1s suffenng from any 1nfect1ous d1sease, mental aliment, addtchon to drugs, senous s1ckness, pregnancy, InJury or any other senous a1lment as may be dtscermble on exammatton by the Medtcal Officer, the pnsoner shall be referred to a Government Hosp1tal or Mental Health Centre, as the case may be \ ' )\_ ... Prov1ded that exammat10n regardmg the mfecttous d1seascs referred m sub-sectiOn (6) shall be conducted wtthm two weeks and a report regardmg thts shall be subm1tted to the Supermtendent · Prov1ded further that order!. of the competent admm1strat1ve authonty shall be obtamed before refemng a pnsoner to Mental Health Centre (7) Every pnsoncr after returnmg from leave shall be subJ-ected to med1cal exammat10n m the same way a~ spec1fied m sub-section (5) by the Medtcal Officer 31 Remoyal of pnwne1 ~ -(1) All pnsoners shall, before bemg removed from one pnson to another, be exammed by the Med1cal Officer (2) No pnsoner <>hall be removed from a pnson to another pnson unless the Med1cal Officer cert1fies that the pnsoner ts medtcally fit for such removal 32 Detentwn of pnsoner ordered'to be released but productwn warrant pendwg --The Supenntendent may seek orders from the Chtef Judtctal Magistrate of the D1str1ct regardmg further detention of a cnmmal pnsoner who has been ordered to be released by a Court, but agamst whom a productiOn warrant from another court has been receiVed by the Supenntendent and remams to be executed The Supenntendent shall act as per the orders of the Chtef ,- Jpdtctal Mag1strate m the matter •-.II \ CHAPTI:R VIII FOOD, CLOlHING AND BEDDING OF PRlSONERS 33 Mazntenance of ctvzl pnsonen -{I) A CIVIl pnsoner shall be perm1tted to mamtam h1mself and to obtam from pnvate sources h1s requtrement of clothmg and other neces!>ltles, subJect to exammat10n and to such rules as may be prescnbed The !>Ubststence allowance to be pa1d by the decree holder to the Pnson Department for the detentiOn of a cw1l pnsoner or a c1v1l debtor may be enhanced penod1cally and suitably I "r· (2) No part of any clothmg and other necess1t1e~ belongmg to any c1vll pnsoner !>hall be giVen. lmed or sold to any other pnsoner and _any CIVtl pnsoner transgressmg the proHsJOns of thts section shall lose the pnvliege of obtammg from pnvate sources the above mentioned Items for such t1me as the l Supenntendent thmks proper ' -------- 202 (3) Every ctvtl pnsoner u'nable to provtde htmself with suffictent clothmg and other necesstties shall be supplied with 1;uch clothmg and other necessities as may be prescnbed (4) Every CIVIl pnsoner !.hall be supplied such food by the Supenntendent subject to exammat10n and condttions, as may be prescnbed 34 Mamtenance of undertnal pnsoner:, and detenues --( l) Undertnal pnsoners and detenues ~hall be pennitted to brmg along with them or obtain from pnvate sources their requirement 'of clothmg and other necessities, subject to rules (2) No part of any clothmg and 'other necessities belongmg to any undertnal pnsoner or detenue shall be given, hired or sold to any other pnsoner by htm and any undertnal pnsoner or detenue transgressmg the provisions of thts sub-section shall lose the pnviiege of obtammg from pnvate sources the above mentiOned 1tems for such time as the Supenntendent thtnks proper ./.) (3) Undertnal pnsoners and detenues unable to provide themselve~ wtth sufftctent clothmg and other necessthes shall be supplied Wtth such clothmg and other neoessthes, as may be prescnbed (4) Undertnal pnsoners and dctenues shall be !.upphed such food by the Supenntendent subject to exammat10n and conditions, a!. may be prescnbed (5) No money shall be demanded from undertnal pnsoncrs and detenues for any food, beddmg and other neccssihC!. provtded to them m the pnsons. 35 Mamtenance of cr,zmmal pnwnen- (I) Cnmmal pnsoners shall be supphed such food, clothmg, bcddmg and other neces~Ities by the Supenntendent, as may be prescnbed (2) No money shall be demanded from cnmmal pnsoners for any food, beddmg and other necessities provided to them ·m the pn~ons CHAPTER IX RIGHTS AND DUTIES OF PRISONERS 36 Rzghts of przsoners -Subject to the proviSions of any law for the time bemg m force and condtttons as may be prescnbed, all pnsoners shall have the ~- 1 ~~- ~ ..... , (a) to hve with human dtgmty, 1/ ( \ I 203 (b) to be entttled for adequate dtet, health and medtcal care, hygtemc hvmg cond1ttons and proper clothmg, (c) of commumcatton wh1ch mcludes contacts w1th h1s fam1ly members . and other persons m such manner and subject to such cond1t10n, as may be pre~cnbed, (d) of access to due process of law, mcludmg legal serv1ce and legal ' ard, (e) to protectiOn agamst unlawful aggresswn on h1s person or agamst 1mposlt10n of 1gnpmmy m any manner not authonsed by law, (f) to protectiOn agamst unreasonable d!scnmmatwn, -},. (g) to protectiOn agamst pumshment or hard!>hlp amountmg to pun1shment, except through procedure established by law and w1th due opportumty of defence, (h) of bemg mformed of the amemhes and pnv1leges of pnsoners admiSSible under the law, (1) of pursumg h1s rehg10us faith, (J) to protectiOn agamst labour not authonsed by law or m excess of the prcscnbed penod or w1thout payment of wages at the prescnbed rate, (k) of enjoyment of fundamental nghts under Chapter III of the Con'stttutwn of Ind1a m so far as they do not become mcapable of enjoyment as an mc1dent of conv1ctwn and confinement, and (I) of bemg released on due date Explanatwn -For the purpose of clause (f), classification, segregatiOn or ' difference m treatment under the provisions of the Act or the Rules made thereunder, shall not be deemed to oe unreasonable d1scnmmatJon 37 Dut1es of pnsone1 s -It shall be the duty of every pnsoner to obey orders and mstructwns of any pnson officer, to abrde by the provJSJons of th1s Act and the Rules made thereunder and also to comply wrth such other dut1es, as may be prescnbed 34/87812011/DTP 204 CHAP1[R X CLASSIFICATION AND SI::PARATION OF PRISONERS 38 Classzjicatwn of przwne1 ~ -All Pnsoners as classtfied below shall be categonsed by a Commtttee conststtng of the Supenntendent, Jomt Supenntende~t, Welfare Officer and Medtcal Officer, namely -- (a) .Ctvtl pnsoners (b) Cnmmal pnsoner~ (c) Undertnal pnsoners (d) Convtcted pnsoner~ (e) Habttual offenders (f) Non habttual offenders (g) Detenues (h) Lunatic cnmmal pnsoners (t) Dangerous pnsoners (J) Secunty pnsoners (k) Pnsoners sentenced to death 39 Separatwn of pnsoners -( l) Pnsoners classtfted tnto dtffcrcnt categones under sectiOn 38 shall be tmpnsoncd ~cparately (2) The pnsoners referred to m clauses (a) to (k) of sectton 38 shall further. be classtfied mto male pnsoners and female pnsoners and kept separated m separate butldmgs m such a manner as to prevent thetr contact wtth each other (3) Female pnsoners convtcted or charged tor offence~ under the Immor~l Traffic (Preventton) Act, 1956 (Central Act 104 of 1956) shall be segregated from other female pnsoners (4) Adolescent offenders shall be separately confined and kept separate from adult phsoners (5) Remanded and undertnal pnsoner" '>hall be kept apart from convtcted cnmmal pnsoners -\j J ' ~- \ 205 (6) C1vll pnsoners shall be kept apart from cnmmal pnsoners ' (7) Dangerou~ pnsoners and secunty pnsoners shall be kept ~eparately (8) Detenues shall be kept separately (9) M1htary pnsoner~ ~hall be kept separately ( 1 0) Fore1gn pmoners shall be kept separately ( 11) Lunatic cnmmal pnsoners shall not be kept m pnson, but sent to the neare~t mental health centre or hosp1tal on the adv1ce of the Med1cal Officer .. (12) F1rst offenders ~hall be kept separate from hab1tual offenders (13) Pnsoners suffermg from mfect1ous d1seases and those ltkely to mfect fellow pn~oners w1th dJ<;eases through bodtly contact; shall be kept <;eparately (14) Aged, mfirm and hand1capped pnsoners ~hall be kept separately a<> far as posstble ( 15) All blood related pmoners, '\eparated on grounds of d1fferent sex, shall be allowed to meet each other once m a week m the presence of a pnson officer 40 Aswuatwn and !Jegregatzon of pn!>onen --Subject to the requirements of sectiOn 38. convLcted pnsoners may be confmed either m as!.OctatJOn or mdlvJdually m cell~ or partly m one way or partly m the other 41 Solitary confinement -No cell shall be used for 'solitary confinement un1es~ 1t IS fum1shed w1th the means of enabhng the pnsoner to commumcate at any time with an officer of the pnson, and every pnsoner so confined m a cell for more than twenty four hours whether as a pumshment or otherwise, v1s1ted at least once a day by the Med1cal Officer or Med1cal Subordmate 42 Pn!.onen sentenced to death - -( 1) [very pnsoner sentenced to death shall, Immediately on h1-; arnval m pnson after sentence be searched metJculously and all art1cles '>hall be taken from h1m whtch the Supenntendent or dn officer authonsed m th1~ behalf by the Supenntendent deems Jt dangerous or mexped1ent to leave m h1s possess1on (2) Every ~uch pn~oner shall be treated •as a normal conv1cted pnsoner until h1s final executable sentence IS passed and such a pnsoner shall not be entitled to any leave or escort vt~Jt 206 (3) As and when a finally executable sentence IS passed m respect of pnsoner sentenced to death, such pnsoner shall be confined m a cell apart from all other pnsoners and shall be kept under the charge of a guard. day and mght CHAPlcR XI CUSTODY AND SECURlTY at PRlSONERS 43 Safe custody and secunty o( pnmners I he Supenntcndent ot the Pnson shall be responsible to undertake effect1ve measures to ensure safe .. custody and secunty of pnsoners 44. Confinement m 1ron ban wllh the petmnswn of the court -Whenever the Supenntendent has reason ;o believe that a pnsoner IS hkely to JUmp out of pnson or break out of the custody m v1cw of h1<> proneness to VIolence or h1~ tendency to escape of h1s bemg so dangerous or desperate that no other practicable way of preventmg h1s escape IS ava1lable except by confinmg h1m m 1ron bars, he may so confine h1m With the permi'>SJon of the court 45 Use of handcuffs and fetter!> 1n emn gent slluatwn~ --In emergent SJtuatJOns, 1t shall be open to the Supcnmendent to use handcuffs and fetters to secure any pnsoner, for reasons to be recorded m wntmg, and under mt1mat1on to the D1stnct and Sessions Judge w1thm twenty four hours of U'img such handcuffs. or fetters 46. Dangerous przwners and Secunty pnson,ers -(I) Dangerou~ and Secunty pnsoners shall be accommodated m spec1al cells m Central Pn<>ons or h1gh secunty pnsons (2) The Supermtendent shall take <>pcCJal care and cautiOn for ensunng 1.afe custody of dangerous pnsoners and secunty pnsoners as may be specified by Government by notificatiOn m tlus behalf 47 Fac1fltv jor mtl'rv1ews and communu:atwn wllh 1 e/at1ves and /ega/ practztwners -Subject to the prov1s1ons of the Act and the rules rclatmg to the secunty of pnson and pnsoners, the Supenntendent shall prov1de to every pnsoner, facli!IJes for mterv1ews and c.ommunrcatJOn With relat1ves and legal practitiOners and for wntmg letter1., m such manner and at such mtervals, a!. may be prescnbed . 48 Search of vzsaors -(I) The Supenntendcnt or the authonsed officer shall record the name ·and address of all v1~1tors to a pnsoner m a rcg1stcr kept for the purpose at the entrance of the pnson and cause a thorough search to be conducted on the v1s1tor for the purpose of ensunng secunty to ?--· . . ' I ~':'-.. ... - -~ • 207 the pnson and the pnsoners lf any prohtbtted article ts found m the possessiOn of the vtsttor, the Supenntendent or the authonsed officer shall tmt1ate such actton as may be prescnbed and such vtsttor shall not be allowed to meet the pnsoner The Supenntendent shall ensure that the vtsttor does not carry proh1b1ted arttcle!> to the pnson on the pretext of meetmg any pnsoner Search of vtsttors shall be undertaken w1th due regard to pnvacy and decency. Women vtsttors shall be searched only by women warders or women staff Searchmg of women VISitors snail be done tn separate enclosure~ away from the vtew of male per!>ons (2) A vts1tor who refuses to perm1t to be searched may be demed adm1sston by the Supenntendent and the grounds of such dental shall be entered m a proceedmgs and contents there of wntten m such records and 111 ~uch manner as may be prescnbed 49 Forezgn pn~oners -(1) Subject to the prov1stons of the Act and the rules made there~nder relatmg to the s.ecunty of pnson and pnsoners, fore1gn pnsoners may be permttted to use mternet factltttes at thetr own cost for legal asststance and also to contact thetr Embass1es m Ind1a m such manner and upon such condtttons, as may be prescnbed (2) The Supenntendent of the pnson concerned shall report the admiSSIOn of any foretgn natiOnal m the pnson to the Dtrector General 1mmedtately stating the full name, address and nanonahty and the '>ecttons under whtch the pnsoner IS detamed The Dtrector General shall address the State Government tn thts regard The release of such pnsoner from the pnson shall al!>o be reported by the Supenntendent to the Director General who m tum shall mform the Government (3) Foretgn pnsoners who have no valtd travel documents, when released from pnson, and those under orders of deportatiOn, shall be handed over to the StattOn House Officer of the Pollee Statton havmg JUnsdtctton over the area who shall take appropnate act10n m accordance w1th the law for the ume bemg m force CHAP1H XII VI Sri ORS TO PRJ SON 50 Panel of VISit on -(1) The Government shall. by nottficat1on, spec1fy a panel of such offic1al and non offictal VISitors for each pnson and the penod ~- dunng wh1ch the panel <>hall v1s1t the pnson and the penod1c1ty of such v1stt shall be as spectfied m the not1ficat10n 208 (2) The VISitors shall exerctse such powers and carry out ~uch dutte-; as may be prescnbed (3) Every v1s1tor, after he has completed hts v1s1t to pnson, shall record In the VISitor's book the date and hour of hiS Vt'Ht and remarks Of suggcst10m whtch he may hke to make Entnes m the vtsttor's book shall be made m the VISitor's own handwntmg The Supermtendent shall forward a copy of the remarks recorded by the VISitor togetheL wtth a report on act1on taken by htm to the Dtrector General, who may take appropnate further action m the matter CHAPTrR XIII EMPLOYMENl m PRISONERS 51 General--For carrymg out the orders of convtcttons by vanou~ Courts on pnsoners sentenced to ngorous tmpnsonment, all the pnson<> where such conv1cted pnsoners are accommodated, shall have facil1ttcs for prov1dmg labour to the pnsoners Such pnsons shall have appropnate mfrastructure for gtvmg meamngful work to such pnsoners The pn~oner~ shall be gtven such vocational trammg, as may be prescnbed, for enablmg them to find employment or gettmg self employed after the1r release Men and w0men pnsoners shall be g1vcn appropnate and separate task~ for domg labour m de1>ervmg cases The pnsoners sentenced to s1mple 1mpnsonment shall also be provtded wtth work on then request so as to enable them to earn wages depcndmg on the requtremcnts of rehablhtatJOn ' 52 Employment of c_nmznal przsoner!J !Jentenc_ed to rzgorous zmpnsonment - (I) Cnmmal pnsoners sentenced to ngorous 1mpnsonment shall be prov1ded w1th factht1es of appropnate labour preferably ba<ied on thetr aptttude (2) No cnmmal pnsoner sentenced to labour or employed on labour at hts own des1re shall, except on an emergency and wtth the sanctwn m wntmg of the Supenntendent, be kept to labour for more than e1ght hours m any one day (3) The Med1cal Officer shall from t1me to ttme, examme the labounng pnsoners who are engaged m labowr and shall at least cnce m every fortmght cause to be recorded upon the h1story-ttcket of each pnsoner employed on labour the we1ght of such pnsoner at that t1mc (4) When the Med1cal Officer ts· of opm10n that the health of any pnsoner suffers from employment of any kmd or class of labour, ~uch pnsoncr shall not be employed on that labour but shall be placed on such other kmd or class of labour as the Med1cal Officer may cons1der su1table for h1m \ _);- ).;. , _:;... . ./ 209 53 Employment of cnmtnal pnsoners ventenced to· s1mple 1mpnsonment- The Supenntendent shall make prov1s10n for prov1dmg such employment as may be prescnbed to all cnmmal pnsoners sentenced to s1mple 1mpnsonment, 1f they express the1r w1llmgness to engage m such employment 54 Employment of remanded pnsoners and undermal pnsoners -The Supenntendent shall ,make prov1s1on for prov1dmg such employment, as may be prcscnbed, to all remanded pnsoners and undertnal pnsoners as long as they so destre ' 55 Employment of CIVIl pn~oners -(I) C1v1l pnsoners may, With the perm1ss1on of the Supenntcndent and <>Ubject to such restncttons as the Supenntendent may 1mpose, be prov1ded w1th work, tf they destre l>O (2) C1v1l pnsoners not mamtamed at the expense of the pnson shall be allowed to receive the whole of their eammgs Earnmgs, If any, made at the expense of the pnson !>hall. however, be subJected to such deductiOn as may be prescnbed 56 Wa~s for emplo;-ment -The rate of wages payable to skilled, seml­ sktlled and unsk1lled pn.,oners put to dtfferent types of labour m d1fferent categones of pnsons shall be such, as may be prescnbed The Government shall also prescnbe the manner and quantum of uttl1satton of wages earned by pnsoners CHAPT[R XIV HEAL111 AND PERSONAL HYGIENE OF PRISONERS 57 P11son Medical Officer to provtde medu:_al wd to pnsoner:; --(I) The Med1cal officer of a pmon shall prov1de treatment to stck pnsoners and attend to all matters connected w1th mental and phys1cal health of pn'\oners The cntena for ensunng general hyg1ene and samtatwn of the pnson and personal hygiene of pnsoners shall be such as may be prescnbed (2) The Medical Officer shall also prov1de spec1ahzed treatment to the needy by referrmg them to' the nearest Governm~nt hospital or by arrangmg VISits of spec1ahzed Government doctor<; mstde the pnson ' 58 Medzcal azd to :.td przsoners -( 1) The off1cer m-charge of the pn<;oners shall, w1thout any delay, report the names of pnsoners desmng to have medtcal ass1stance to the Supenntendent 210 (2) The Supenntendent shall. w1thout delay, call the attent1on of the Med1cal Officer or Medical subordmate to any pnsoner desmng to sec h1m and to any pnsoner whose state of mmd or body appears to requ1re the attentiOn of the Medical Officer or Medical subordmate and <>hall thereafter carry out all wntten directions given by the Med1cal Officer or Medical subordmate regardmg alteratiOns of the diSCiplme or treatment of any such pnsoner 59 Record of d1redzons of Med1wl Officer -All d1rcct10ns given by the Medtcal Officer or Medtcal subordmate m relat1on to any pnsoner, wtth the exception of orders for supply ot med1cmes or dtrect10n relatmg to such matters as are earned Into effect by the med1cal officer h•mself or under hts supermtendence, shall be entered everyday m the pnsoner's h1story-t1cket or m such other record as the State Government may d1rect and the Supcnntendent shall make or cause to be made an entry m •ts proper place statmg m respect of each directiOn, the fact of 1ts havmg been or not hdvmg been. comphed with accompamed by such obo;ervatlOns 1f any. as the Supermtendent thmks fit to make and the, date of the entry 60 Pnson hospital--There shall be a pnson hospital m every Central Pnson or Open Pnson, admmtstered by Mcd1cal Officers and para-med1cal staff for adpusswn and treatment of s1ck pnsoncrs The hosp1tal shall have mpat1ent fac1hty and fac1hty for chmcal tests 61 Supenntendent s power to ~end pnsone1 tu outside hosp1tal u1 mental health centre for specwl treatment -When the Supcnntendent, on the adv1l.e of the medical officer, ts of optmon that a pnsoner requ1res spec~al treatment at a Government hosp1tal outside the pnson or m a mental health centre, he may send h1m to such Government hospital or mental health centre as may be referred to by the Medical Officer CHAPTER XV WELFARE PROGRAMMES FOR PRISONERS 62 Educatwnal faclhltes --There shall be adequate 'fac!IJtle~ for 1mpartmg education to deservmg pnsoners m all such pnsons as may be prescnbcd Facthttes shall also be provtded for educatiOn of pnsoners with the obJeCtive of thetr ultimate rehabthtatlOn m soc1ety The mam obJectives of educatiOn m the pnsons shall be,- (1) prov1dmg opportumttes to the !lhterate mmates to achteve at least a certam ri:ummum level of educatton m readmg. wntmg and bas1cs m anthmellc, (2) enablmg literate mmates .to ach1eve educatiOnal <;tandard up to matrtculatton level, (3) extendmg faclltttes to matnculatcs to advance the!T educatiOn through distance educatton programmes, 211 ( 4) enabling better phys1cal and mental health through lectures on J health and hyg1ene, phys1cal exerc1ses, yoga, etc , and therr pract1ce, and ')'\ -~ -""· / (5) prov1dmg mputs m moral and spmtual "fields through lectures, meditation, group prayers, readmg out books on eth1cs and moral values 63 Pnson School-There shall be a school m every Central Pnson and m such other pnsons as may be prescnbed by Government for prov1dmg educatiOn to the mmates up to pnmary level Classes for h1gher levels may also be arranged dependmg on requ1rement1> 64 Nursery School and Creche --In every Women's Pnson, there shall be a nursery school and creche fac1hty for the chlldren of convicted female pnsoners who hve m the pnson along w1t~ therr ch1ldren aged up to stx years 65 Pnson ltbrary -There shall be a hbrary m every Central pnson, Open pnsons and Women's pnsons to cater the mtellectual needs of the mmates, and to fac1htate therr refonnat10n 66 Reltgwus and moral mstructwns -Rehg10us and moral mstruct10ns shall be prov1ded to pnsoners ,through rehable and reputed personaht1es from all rehgwns for prov1dmg rehgw'us and moral mputs to the mmates The mst1tut1ons and personahues approved m th1s behalf by the D1rector General !>hall be perm1tted to render rehg10us and moral mstructJOns to pnsoners The serv1ces of rehable voluntary agenc1es and Non-Governmental OrgamsatJOns may be availed for organ1zmg rehg1ous, spmtual, cultural and recreational programmes m pnsons The orgamzatwn of such welfare programmes ~hall be the respons1b1hty of the Welfare Officer 67 Reformat ton and pre-release programmes -{I) The Government and • the D1rector General shall undertake measures, formulate and Implement programmes for the reformatiOn of the pnsoners (2) The D1rector General shall arrange SUitable pre-release programmes m such pnsons as the Government may d1rect for the benefit of those pnsoners who are sentenced to more than three years of rrnpnsonment, With the obJectJve of theu ultimate rehabilitatiOn m soc1ety m such manner as may be prescnbed · 68 Recreatwns and Sports act1v1t1es -The Supenntendent shall, w1th the ass1stance of subordmate officers, orgamse regular recreatiOnal and sports actiVIties for the benefit of the Inmates m such pnsons • 69 After care and rehabilllatwn -( 1) 'I he Government shall, prov1de assistance to the pnsoners before the1r release from pnson, for the1r financial and soc1al rehab1htatton ~7812011/DTP .. .--------------------------------------- ----- 212 (2) The cntena for such assistance, manner of payment and matters connected therewith shall be such, as may be prescnbed )t:-- 70 Pnsoners ' Welfare Fund -(1) The Government may, by not1 ficat1on, frame a Scheme to be called the "Kerala Pnsoners' Welfare Fund Scheme" for the establishment of a Fund under th1s Act for the welfare of the pnsoners m the State and there shall be established, as soon as may be after the frammg of the Scheme, a Fund called the Kerala Pnsoners' Welfare Fund, m accordance w1th the prov1s1ons of th1s Act and the Scheme· framed thereunder (2) The management of the Fund and 1ts adJmmstrat10n shall be vested 10 a Committee constituted as per the scheme (3) The Fund shall be established w1th an amt1al corpus of such amount as the Government may prov1de by way of grants or loans and -.uch yearly contnbutwns made on subsequent years for prov1dmg benefits to pnsoners and theJT fam1hes and also for prov1dmg fmanc1al ass1stance for the ..t, rehabll1tat1on of pnsoners. (4) DonatiOns from md1v1duals, orgamsatwn-., trusts etc , as may be spec1fied m the scheme (5) The pnsoners shall also contnbute such port10n of the wages that may be rece1ved by them for labour or work done m pnson 71 Modificatwn of the Scheme --{I) lbe Government may, by not1 ficauon, add to, amend or vary the scheme framed under th1s Act, e1ther prospectively or retrospectively (2) Every notificatiOn 1ssued under o;ub-sectJOns ( 1) of sectiOn 70 and 71 shall be la1d, as soon as _may be after 1t 1s 1ssucd, before the Legaslatlve Assembly while 1t IS m sess1on for a total penod of fourteen days wh1ch may be compnsed tn one sesswn or m two success1ve sess10ns, and 1f, before the exptry of the sessiOn m wh1ch 1t IS so la1d or the sess1on ammed1ately followmg, the Leg1slat1ve Assembly makes any modlficat1on m the Scheme, the Scheme shall, thereafter have effect only 10 such mod1ficd form, so, however, that any such mod1f1catton shall be w1thout preJUdice to the vahdlty of anythmg previOusly done under the Scheme CHAPTER XVI REMISSION, PAROLE, OVER STAY AND PREMATIJRE RELEASE 72 Rem1sswn to pnsoners -( 1) RemiS!> I On may be granted to convicted pnsoners as may be prescnbed m the rules Ther!! shall be a Remtss1on Committee cons1stmg of the Supenntendent and such other officer.; as may be -..._, 213 prescnbed to oversee the calculatiOn and computation of remtsstOn to conv1cted pnsoners m the Central Pnson, Open Pnson and Women's Pnson (2) The kmds of remtsston and the cntena for grantmg rem1sston shall be such as may be prescnbed 73 Release on parole -The State Government may, subject to such cond1ttons as may be prescnbed, release on parole for such penod as tt may deem necessary, any convtcted pnsoner m case of any senous tllness or death of any member of the pnsoner's famtly or of any of h1s nearest relatives or for any other suffic1ent cause 74 Pnsoner to surrender h1mse/f on the exp1ratwn of the penod of parole --( 1) On the exptry of the penod for whtch a pnsoner was released on parole under sectton 73, he shall surrender htmself to the officer m-charge of the pnson from wh1ch he was released (2) If a pnsoner fatls to surrender htmself as requ1red by sub-sectiOn (I), he may be arrested by any Pohce Officer w1thout a warrant and produced before a Jud1c1al Magistrate who shall commtt hun to undergo the unexptred portton of the sentence 7'3 Penalty for failure to surrender--( I) Any pnsoner who fatls to surrender htmself, as requrred by sub-sectiOn (I) of sect tOn 74, shall be !table to be puntshed wtth tmpnsonment of etther descnptton for a term whtch may extend to two years or w1th fine or wtth both (2) The tmpnsonment under sub-sect tOn (I) shall be m add1tton to the pumshment awarded to the pnsoner for the offence or offences for whtch he IS undergomg the sentence (3) Wh1le 1mposmg penalty under sub-sectiOn (I), the court shall take mto account any mtttgatmg circumstances beyond the control of the pnsoner 76 Cancellation of order and parole -Whenever any pnsoner fatls Without sufficient cause to observe any of the condtt1ons on wh1ch he was released on parole, the Government or the competent authonty, as the case may be, may cancel such order grantmg parole 77 Premature release -{I) Well behaved, long term convicted pnsoners may be prematurely released With the objecttve of thetr reformahon and rehabthtatton, by the Government, e1ther suo motu or on the recommendattons of an AdviSory Commtttee as may be prescnbed (2) The Adv1sory Comm1ttee constttuted as per sub-sectiOn (1) shall have the powers and duttes, as may be prescnbed I 214 CHAPll.R XVIl LEAVE AND ESCORT VISIT 78 Leave--( 1) Leave may be granted to well behaved, ehg1ble, conv1cted pnsoners w1th the obJective of the1r better rehab1htat10n and re-soc1ahsa1ton as an mcent1ve for good behavwur and responsiveness to correctiOnal treatment m such manner and subJect to such cond1t1ons as may be prescnbed (2) All kmds of parole, rem1sswn and leave granted to the pn!>oners shall m no case exceed one thud of the sentence (3) Kmd of leave and matters related thereto shall be, !>uch as may prescnbed I 79 Escort VISit -The pnsoners who are not ehg1ble for the requ1red kmd of leave may be granted perrmss10n to v1s1t relatives etc , under escort under 1', such Circumstances ar. may be prescnbed m the rules for a max.1mum penod of twenty four hours ex.cludmg JOurney t1me In c!Tcumstances m wh1ch the pnsoner has to halt at mght en-route, at a place where there JS a Jail he shall be confined therem and where there 1s no Jail, he o;hall be kept m the nearest Pohcc lock up CHAPTER XVlli GRIEVANCE REDRESSAL MECIIANISM 80 Redress a/ of gnevances of pn wners - (I ) For the purpose of rece1vmg complamts or representation from the pns~ners a Gnevancc Redressal Committee shall be constituted m such manner as may be prescnbed at the pnsons as may be spec1fied by order of the Government (2) The Gnevance Redressal Committee shall meet once m three months or more, as may be necessary, and 1t shall follow such procedure, as may be prescnbed for the exammatwn of the petitions or representat1ono; recetved (3) The dects1on of the Gnevance Redressal Comm1ttee on pet1t1ons shall be forwarded to the Director General wtthm a fortmght from the date of convenmg of the meetmg, for follow up actwn, tf any (4) Every pnsoner shall be prov1ded w1th full opportumty to make a complamt m wntmg and such complamts and gnevance!> !>hall be redressed through the Gnevance Redreso;al Comm1ttee -I -~·. ' -~ 215 CHAPTER XIX PRISON OFFENCES AND PUNISHMENTS 81 Offences comm1tted by pnsonen -The followmg acts are declared to be pnson offences when committed by a pnsoner, namely -- (I) wtlful d1sobed1ence to any rule or regulation of the pnson declared as such by rules made under the Act to be a pnson offence, or (2) lmtenng or lmgenng or leavmg Without pennJs,Jon of an officer of the pnson, the gang to wh1ch he IS attached or the part of the pnson m wh1ch he IS confined or the ward, the yard, the place m file, the seat, or berth asstgned to h1m, or (3) omtttmg or refusmg to wear clothmg g1ven to h1m or exchangmg any portiOn of 1t for the clothmg of other pnsoner or loosenmg, d1scard}ng, damagmg or altenng any part of tt, or ( 4) removmg, defacmg or altenng any d1stmct1ve number, mark or badge attached to or worn on the clothmg or person, or (5) om1ttmg or refusmg to keep clothmg, blankets, beddmg, cups, mugs, etc , clean or dtsobeymg any order of the off1cer of the pnson as to the arrangement or dtsposttlon of such articles, or (6) talkmg loudly, laughmg or smgmg at any time after havmg been ordered by an officer of the pnson to destst , or (7) quarrelhng wtth any other pnsoner, or (8) tampermg wtth pnson locks, lamps or hghts or other property of the pnson m any manner, or (9) sptttmg on or otherwtse sothng any floor, door, wail or other part of the pnson butldmg or any arttcle m the pnson, or (I 0) commtttmg a nutsance m any part of the pnson. or (II) assaultmg or usmg cnmmal force upon any other pnsoner or an • officer of the pnson, or ( 12) dehberate1y or persistently usmg msultmg or abustve words to any other pnsoner or an officer of the pnson, ot . ( 13) showmg any conduct or deliberate and dtsorderly behaviOur, outrageous to normal sense and decency, or \ 216 I (14) wlifully mJunng or d1sablmg h1m!>elf or fetgnmg so a<> to evade labour, or .~ ( 15) refusmg to work Without any reasonable excuse, or (16) manufacturmg or makmg any art1cle w1thout the knowledge or perm1ss1on of an officer of the pnson, or (17) wilfully m1smanagmg h1s work or causmg loss or d1mmut10n of the product of h1'l labour through unfa1r means or tampenng w1th any Implement of work w1thout any lawful excuse, or ( 18) w1lfully mahngenng, or ( 19) wilfully 1dhng or showmg negligence m the work, or (20) tampenng w1th or defacmg any h1story t1cket or record or document relatmg to the pnson, or ~ (21) rece1vmg or possessmg any prohtbtted arttcle or transferrmg or attemptmg to transfer any pro'l1btted article for despatch outs1de the pnson; or (22) possessmg kmves, razor blades, sctssors, nails, hack saw blades etc wh1ch can be used as weapon of offences, or (23) possessmg unauthonsed food arttcles, cookmg vessels, otis. wtcks etc, or (24) domg any act hkely to create unnecessary alarm m the mmd of other pnsoners, or (25) wilfully or negligently destroymg or spmlmg food, or (26) makmg d1rty or befouhng any place or art1cle meant for human habttatton and consumption, or (27) sendmg any commumcahon, m wntmg or by word or by s1gns or by moblie phones or other electromc dev1ces, to any person other than person!> authonsed, or (28) performmg any portton of the work allotted to another pnsoner or obtammg unauthonsed ass1stance of another pnsoner m the performance of work, or (29) fa1hng to asstst, or preventmg other person from ass1stmg pnson offic1als m suppressmg vtolence, assault, not, mutmy, attack, gross personal v10lence or other emergencies, or . . 217 (30) wilfully bnngmg false accusation agamst any officer or any pnsoner, or (31 ) refusmg to eat food except for rehgtous practtces hke fastmg, or . (32) gomg on hunger stnke m protest agamst any rule, mstructtons etc , or (33) wilfully hurtmg others' rehg10us feehngs, beliefs and fatth or convertmg or attemptmg to convert a pnsoner to a d1fferent rehg1ous fatth, or , (34) Wilfully wtthholdmg any tnformat1on or refuses or om1ts to dtsclose any mfonnatton wh1ch has come to hts knowledge about the occurrence or chances of any dangers to pnson or pnsoner or any consptracy 'for escape from the pnson or preparation thereof or any attack or preparatton of attack upon any other pnsoner or any officer of the pnson, or (35) attemptmg to ~scape or conspmng w1th any other pnsoner to escape, or ass1stmg any other pnsoner to escape, from the pnson or abets any of the aforesaid acts, or (36) part1c1patmg m any not ?r mutmy or abettmg another pnsoner or pnsoners to commit not or mutmy, or (37) steahng, damagmg, destroymg, d1sfigunng or mls.tppropnatmg any pnson property or pnsoners' art1cles and property, or (38) cookmg unauthonsedly ms1de the cell or barrack or any place ms1de the pnson, or (39) part1c1patmg m, or orgamsmg unauthonsed act1v1t1es hke gambhng, bettmg, consummg alcohol, etc , _or . (40) commlttmg any other Wlauthonsed, unJawful or 11legal acts as may be prescnbed, or ( 41) agnatmg or orgamsmg on the basts of pohucal, caste, rehg1ous or other such proh1b1ted act1v1ttes, or (42) abettmg the comm1sston of or conspmng to comm1t, any pnson offence ExplanatiOn -The commtsston of pnson offences by a group of pnsoners :.,.. . ms1de the pnsdn or while bemg taken out for work or wh1le bemg brought back · " after work or whtle engaged m work, w1ll be taken as offences comrmtted JOmtly and severally • 218 82 Pumshment for pnson offences -(1) rhc Supenntendent may, either by himself or through an officer authonsed m this behaff by h1m, conduct an )t mqu1ry mto any allegations of commiSSion of any pnson offence specified m section 81 and unpose any of the followmg pumshments, namely - (a) a formal warmng, which shall be personally addressed to the pnsoner by the Supenntendent and recorded m the pumshment book, (b) change of labour to some more trksome or severe form for ~uch • penod as may be prescnbed, (c) hard labour, for a penod not exceedmg seven ddys, m the ca!>c of convicted cnmmal pnsoners not sentenced to ngorous tmpnsonment, (d) forfeiture of rem1sswn up to a penod of thirty days at any one time or, removal of the pnsoner With the approval of the Director General from the remtssion system up to a penod of stx months Provided that the Drrector General shall have power to forfett all earned remiSSIOns, other than remissions given by the Government, or to remove a pnsoner from the remtssion system for the entue penod of h1s 1mpnsonmcnt. (e) stoppage of recreatiOnal facihttes up to a penod of one mpnth or canteen fac1httes for a penod of three months or stoppage of mterv1ews for a penod of one month, (f) tn case of breaches and vtolatwns m condtttons of release on parole, such penod shall not be counted as penod of 1mpnsonment, (g) segregatiOn up to a .penod of three months, and wtth the sanctiOn of the Drrector Gene1al, up to a penod of ~IX months, ~· (h) separate confinement up to a penod of one month at a ttme, and With the sanc~on of the Drrector General up to a pcnod of three month!> subject to such cond11tons as may be prescnbed ExplanatiOn -Separate confmement means ~uch confinement wtth or without labour which secludes a pnsoner from cornmumcatton with, but not from stght of other pnsoners, and allows htm not le~s than one hour's exercise per day , ' (1) Cellular confinement for any penod not exceedmg fourteen days Provided that after each penod of cellular confinement, an tnterval of not ._./ less duratiOn than such penod must elapse before the pnsoner IS agam ' sentenced to cellular confinement \ ' ·~- 219 Explana/wn -Cellular confinement means such confinement Wttb or Without labour wh1ch entirely secludes a pnsoner from commumcat10n w1th, but not from s1ght of, other pnsoners (2) Any mc1dent of senous or repeated misconduct by a pnsoner facmg tnal may be mumated by the Supenntendent to the tnal court Prov1ded that except by order of a court of competent JUnsdJctlon, no pumshment other than the pumshmcnts spec1f1ed m th1s Chapter shall be , mfhcted on any pnsoner otherw1se than m accor.dance w1th the provJstons of th1s Act· Prov1ded further that any two of the pums!tpents may be awarded for any such offence m combmat10n, subject to the followmg - (t) Formal wammg shall not be combmed ·wtth any other pumshment except forfeiture of remiSSIOn, (11) Cellular confmement shall not be combmed w1th separate confmement, so as to prolong the total penod of seclusiOn to wh1ch the pnsoner shall be hable, (111) No pumshment shall be combmed w1th any other pumshment m contraventiOn of the Act and the rules made thereunder \ / (3) Wh1le the pnsoner undergoes any of the pumshments awarded under sub-section (1) above, the followmg pnv1leges may, however, be extended to hun, namely - ' (a) he may be allowed to wnte letters, (b) he may be prov1ded w1th rehg1ous and moral books as far as the rules of the pnson perm1t 83 Procedure for,conductmg enqumes for the award of pumshment -(l) No pnsoner shall be awarded any pumshment for offences defined m sect1on 81 unless he has been mformed of the offence alleged agamst h1m and gtven a rc:asonable opportumty of bemg heard m h1s defence (2) Subject to the provtstons of sub-sectton (1 ), the Supenntendent or an officer authonsed by h1m m th1s regard, may follow such procedure, for the holdmg of mqumes, frammg o~ charges, segregation of pnsoners pendmg mquny, med1cal exammahon m case of mJunes and such other matters connected therew1th, as may be prescnbed 34/87812011/DTP n 220 (3) Where an act of a pnsoner IS an offence pumshable under thts Act or the Indtan Penal Code, 1860 (Central Act 45 of 1860) or any local or spectal laws, the Supenntendent shall at hts discretion etther deal wtth the case htmself or send 11 to the Magtstrate concerned Provided that where the offence committed IS a congmzable offence punishable wtth 1mpnsonment for a term of three years or more, he shall mUtate action agamst the offender before the Statton House Officer havmg JUrtsdtctlon over the area 84 Procedure on commlltmg of hetnous offence -If any pnsoncr IS gu1lty of any offence agamst pnson diSCipline wh1ch, by reason of h1s havmg frequently comm1tted such offences or otherwise m the opm10n of the Supenntendent, 1s not adequately pumshable by the mfltctJOn of any pumshment, wh1ch he has power under thts Act to award, the Supenntendent may send a report agamst such pnsoner, together With a statement of crrcumstances, to the Chief .JudtcJal Magtstrate or any Judtctal Magistrate havmg JUnsdtctlon, and such Magistrate shall thereupon mqurre mto and try the charge so brought agamst the pnsoner, and upon conviCtion, may sentence htm to 1mpnsonment whtch may e~tend to three years, such term to be m addttlon to any term for whtch such pnsoner was undergomg tmpn<;onmcnt when he committed such offence 85 Entnes m pumshment book-( I) In the pumshment book mentiOned under sectiOn 21, there shall be recorded, m respect of every pumshment mfhcted, the pnsoner's name, regtster number and the cla'>'i to wh1ch he belongc;, namely, whether habitual or not, the pnson offence of whtch he was gu1lty, the date on wh1ch such prison offence was committed, the number of prevwus pnson offences recorded agamst the pnsoner and the date of h1s last pnson offence, the pumshment awarded, and the date of mfhctJOn of pumshment (2) In the case of every senous pnson offence, the names of witnesses and substance of theu evtdence, the defence of the pnsoner and the findmg wttJ:I the reasons therefore, shall be recorded · (3) Agamst the entnes relatmg to each pumshmcnt, the Supenntendent or the authonsed offtcer shall aff1x thctr signatures as ev1dence of the correctness of the entnes 86 Punzshment m certam case~ -(I) Whoever, m contraventiOn of any provisions of the Act, bnngs or removes or attempts by any means whatever to bnng or remove, mto or from any pnson, or supplies or attempts to supply to any pnsoner outside the llffiJts of a pnson, any prohtbtte~ article, and any officer )r- ( • ..... I • 221 or member of staff of a pnsoQ who, contrary to any rule, knowmgly suffers any ~uch art1cle to be brought mto or removed from any pnson, to be possessed by any pnsoner, or to be supplied to any pnsoner outs1de the hm1ts of a pnson, and whoever contrary to any rule, commumcates or attempts to commumcate w1th any pnsoner and whoever abets any offence made pumshable by th1s section, shall, on convictiOn before a Magistrate, be hable to 1mpnsonment for a term not exceedmg twelve months, or to fine not exceedmg ten thousand rupees or with both (2) Whoever. bemg a pnsoner or a v1s1tor, or a pnson official, IS found m possess1on of an electromc commumcatwn or other equ1pment ms1de the pnson agamst the prov1s1ons of the Act or rules, or found to be mampulatmg, damagmg or destroymg any equ1pment, electromc or otherwise, m the pnson, shall on conv1ct10n, before a Magistrate, be hable to unpnsonment for a term not exceedmg two years or fine not exceedmg ten thousand rupees or w1th both . . (3) The offences mentioned m sub-sections (1) and (2) above, shall be cogmzable and non-ba1lable 87 Power to arre~t for offence under sectwn 86 --When any person, commits any offence specified m section 86, any officer of the pnson may arrest htm, and shall Without delay make h1m over, w1th a report, to the Statlon House Officer who IS havmg JUnsdlctlon over the area and thereupon such pollee officer shall proceed as 1f the offence had been committed ·~ hts presence Provtded that when the person comrntttmg the offence 1s a pnsoner or a pnson offic1al. a report need only be presented before the StatiOn House Officer 88 Pubilwtwn of penalties-The Supenntendent shall cause to be affixed, m a conspicuous place outside the pnson, a notice m Malayalarh and English settmg forth the acts proh1b1ted unaer sectiOn 81 and the pumshments to be 1mposed for such offences CHAPTER XX . MISCELLANEOUS ' 89 Proh1h11zon of ~tnke and agllatwn -No person employed m the pnson shall have any nght to stnke or start or contmue any agitatiOn ms1de the pnson for ach1evmg any request or demand 90 Extramural custody, control and employment of pnsoners -A pnsoner, when bemg taken to or fr<?m a pnson m wh1ch he may be lawfully confmed, or whenever he IS workmg outs1de or IS otherw1se beyond the hmtts of any such pnson m or under the lawful custody or control of a pnson officer belongmg to such pnson, shall be deemed to be m such pnson and shall be subject to all the pnson rule!> and dtsciplme as 1f he were actually m that pnson 222 91 Revtew of cases of remand and ~ndertnal pnsoners -( 1) The Goverrunent shall cause to be revtewed the cases of undertnal pnsoners detamed m the pnson for more than one year and also the cases where the penod of detention undergone ts more than half of the maxtmum pumshment for the offence provtded under the law by a Commtttee m every dtstnct conststmg of the followmg members, namely - (a) Dtstnct and Sess10ns Judge havmg JUnsdtcttOn of the dtstnct who shall be the <;hatrman of the Committee, (b) Chief Judtclal Mag1strate, (c) Supenntendent of the Pnson or the Jatl concerned who shall be the Convener and Secretary of the Committee, may be, (d) Dtstnct Supermtendent/Comm1ss10ner of Pollee, as the case A ..:.. (e) Sub DtvtstOnal Magts,trate havmg JUnsdtchon, . (f) D1strtct Probation Officer havmg JUnsd•ctton, (g) Representative or'Exc1se/Forest Department concerned (2) The Committee !>hall meet at such times and at such places and observe such procedure, w1th regard to the transactiOn of busmess at tts meetmg, as may be prescnbed (3) A report w1th recommendation, 1f any, along w1th the proceedmgs of the Commtttee, shall be sent to the Dtrector General who shall mthate -such actiOn as may be deemed necessary (4) The Magistrate remandmg the pnsoner and the Supenntendent of the pnson, where the undertnal pnsoner 1s remanded or detamed, as the case may be shail ensure that no undertnal pnsoner ts detamed m pnson for a penod exceedmg the maximum penod of pumshment prov1ded for the offence for which he has been detamed (5) No legal proceed1ngs shall be entertamed by any Court agamst any Magistrate or Supenntendent of the Pnson for the detentiOn of any pnsoner beyond half of the maximum of or even max1mum pumshment prov1ded for the ..--" offence for wh1ch he qas been detamed 1f the concerned Magistrate or the Supenntendent has no ultenor mot1ve m such ..detention ' . 423 92 Use of m1mmum force -{I) For controlling any mc1dent of notmg m a pnson, any officer of the pnson may use the m1mmum force requrred, and do as ·httle mJury to a pn!>oner or pnsoners or other persons as may be requrred for restonng order (2) Any officer of the pnson may use mmtmum force agamst any pnsoner escapmg or attemptmg to escape, or comm1tt10g vwlence agamst any offic1al of the pnson or any other person (3) Any officer of the pnson may use mmtmum force requtred agamst any pnsoner who refuses to enter mto the cell or barrack for lockup 93 Legal ard -The State shall provtde free legal atd as may be prescnbed to the pnsoners " 94 Protective custody -No person entttled to protective custody shall be ~ kept 10 the pnson -, ~ 95 Accounts and audit -The accounts of every pnson shall be mamta10ed and audtted m such manner as may be prescnbed 96 Delegatwn of powers -the powers conferred by thts Act on the Government may be exerctsed and performed by such offtcers as the Government may delegate m th1s behalf 97 Protectwn of actwn taken zn good faith -No sutt, prpsecutton or other legal proceedtng shall he agamst the Government or agamst any funct10nary of the Pnsons and Correctwnal Serv1ces 10 respect of anyth1hg whtch ts done or mtended to be done m good fa1th m pursuance of th1s Act or the rules made or orders or dtrecttons tssued thereunder 98 Power to remove difficulties--{ I) If any dtfficulty anses m gtvmg effect to any of the provtswns of thts Act, the State Government may, by order published m Official Gazette, make such proVISIOns or take such measures, not IOCOnSIStent Wtth the prOVISIOnS of thiS Act, as may appear to It, tO be necessary or exped1ent for removmg the difficulty Prov1ded that no such order shall be made after the exprry of a penod of two years from the date of commencement of th1s Act Provided funher that an order under sub-section (1) shall have effect from any date not earher than the date of commencement of thts Act. (2) An order made under sub-sectiOn (I) shall be !at~, as soon as may be after 1t IS made, before the Leg1slat1ve Assembly of the State of Kerala 224 99 Powers of Government to make rules --( 1) The Government may, by notificatiOn, make rules consistent w1th th1s Act, e1ther prospectively or retrospectively, for carrymg out the provisions of th1~ Act · (2) In particular, and w1thout prejudice to the generality of the foregomg power, such rules may provide for all or any of the followmg matters, namely - (1) the reqUirements of h1story ticket under clause (xx), of section 2 and the penod of parole and the procedure and conditiOns subJect to wh1ch parole 1s to be granted under clause (xxx1) of the sa1d se<-tJOn, (u) the powers and functwm of officers and staff of the pnsons and correctiOnal serv1ces under sub-sectwn (3) of section 3. (111) the powers and functiOns of the Zonal Deputy Inspector General under section 5, (1v) the officers and m1mstenal staff reqUired for the functiOning of ,...( pnson and theu powers and functions under sectwn 6, ...._ (v) the t:ond1t1ons subject to which accommodatiOn 1s to be prov1ded to pnsoners under sectiOn 7, (v1) the standard of secunty for vanous categones of pnsons under sub-sectiOn (3) of sectiOn 8, (vu) the fac1hties and amemt1es to be prov1ded under sectiOn 12, (vm) the condJtwns subject to which the officers shall dtscharge the1r dut1es under section 13, (1x) the powers and functiOns of the officers and staff of the pnson under section 18, .....,_ .,r· (x) the records to be kept by the Supenntendent under sectiOn 21, (x1) the duties of Medical Officer under sectiOn 23, (xu) the manner of enforcmg dJsc1plme m pnsons under section 28, (xm) the reqUirement of clothmg, food and other necess1t1es which a c1v1l pnsoner shall be perm1tted to obtam from pnvate sources and food, clothmg etc that shall be supphed to htm under section 33, (xtv) the requ1rement of clothmg and other necesstt1es wh1cb undertnal pnsoners and detenues shall be perm1tted to bnng along w1th them or obtam from pnvate sources under sub-section ( 1) o"f sectwn 34 and clothmg / and other necess1t1es to be supphed to undertnal pnsoners and detenues under sub-sectwns (3) and ( 4) of the sa1d sectwn, ) ,. I •' •. I I I I ) I 225 --v (xv) food, clothmg, beddmg and other necessities to be p;ovtded to -j_ every cnmmal pnsoner under o;ectiOn 35, ... ·"- ...- / (xv1) the cond1t10ns to wh1ch the nghts of pnsoners are subJected under sectiOn 36, the nght of commumcat10n of pnsoners under 1tem (c) of the sa1d sectiOn and the penod and the rate of wages to be prescnbed under 1tem (J) of the sa1d ·section, (xvu) the add1t1onal dut1es of pnsoners under sectiOn 37, (xvm) the manner m wh1ch and the mtervals at wh1ch fac1ht1es for mterv1ews and commumcatwn wtth relatives and legal practitioners and for wntmg letters are to be prov1ded to every pnsoner under sectiOn 47, (x1x) the act1on to be tmttated by the Supenntendent tf any proh1b1ted art1cles are found :m the person of the vJsttor under sub-sectiOn (I) of sectwn 48 and the records under sub-sectwn (2) of the sa1d section, (xx) the manner and condttlons upon wluch foretgn pnsoners may use mternet and contact theu Embass1es m Ind1a under sub-sectiOn ( 1) of sectiOn 49, (xx1) the powers and duties of VISitors under sub-sectiOn·(?) of sectiOn 50, (xxu) the kmd of vocatiOnal trammg to be g1ven to the pnsoners under sect1on 51, (xx111) the kmd of employment to be prov1ded to all cnmmal pnsoners sentenced to s1mple 1mpnsonment and to all remand-undertnal pnsoners under sectiOns 52 and 53 respectively, . (xx1v) the deductiOn to be made from the earmqg made at the expense of the pnson by a c1v11 pnsoner under sectiOn 55, · • (xxv) the rate of wages and the manner and quantum of ullhsatwn of wages earned by pnsoners under sectwn 56, (xxv1) the cntena for ensunng general hyg1e~e and samtatlon of the pnson and personal hyg1enc of the pnsoners under section 57, (xx vu) the categones of pnsons where there shall be adequate facJht1es for 1mpartmg educatiOn to deservmg pnsoners under section 62, • (xxvm) the manner of arrangmg programmes under sub-sectiOn (2) of sectton 67, (xx1x) the manner of orgamsmg recreatiOnal and sports act1v1t1es for the benefits of mmates under sectiOn 68, -------- -------- 226 (xxx) the categones of pnsom. where there shall be a Rem1ss1on Committee and the officers m such Comm1ttee under sub-sectiOn (1) of sectiOn i2 and the kmds of rem1ss10n and the cntena for grantmg remiSSIOn under sub-sectiOn (2) of the sa1d sectiOn, (xxx1) the cond1ttons subject to whtch any pnsoner may be released on parole under sectwn 73, (xxxu) the authonty whtch may recommend the premature release of pnsoners under sectton 77, / (xxxm) the manner rn whtch leave may be granted to pnsoners under sub-sectwn (1) of sectton 78, (xxxtv) the vanous kmds of leave and matters related thereto under sub-section (3) of sectton 78, (xxxv) the ctrcumstances under wh1ch escort vtstt may be penmtted under sectwn 79, (xxxvt) the categones of pnsons and the manner m wh1ch Gnevance Redressal Commtttees shall be constituted under sub-sectton (I) of sectwn 80 and the procedure to be followed by such comlmttees under sub-!>ectwn (2) of the said sectwn, (xxxvu) committmg unauthonsed, unlawful or Illegal acts under sub­ -sectwn ( 40) of sect1on 81 as may be prescnbed, or (xxxv111) the penod for whtch the pumshment of change of labour under clause (b) of sub-sectiOn ~ 1) of sect ton 82 may be 1mposed }. (xxxtx) the conditiOns for deter~mmg separate confinement under clause (h) of sub-sectton (1) of sectwn 82, (xl) the procedure to be followed for holdmg of mqumes, frammg of charges etc under sub-sect10n (2) of section 83, (xh) the time and place of meetmg of the comm1ttees and the procedure to be followed for the transactiOn of 1ts busmes!> under iUb-secttOn (2) of sect10n 91;-and (xlu) free legal a1d to be g1ven to the pnsoners under sectiOn 93, (xlm) the accounts and aud1ts of a pnson under sectwn 95, (xhv) any other matter wh1ch 1~ to be or may be, prescnbed ~ ~ -.Jt _, ,, 'I ~-. / 227 100 Rules to be latd before State Legtslature -Every rule made under th1s Act shall be la1d, as soon as may be after 1t 1s made, before the Leg1slattve .Assembly wh1le 1t 1s m sess1on for a total penod of fourteen days wh1ch may be compnsed m one_ sess10n or m two success1ve sess1ons, and 1f, before the exp1ry of the sess1on m wh1ch 1t IS so la1d or the sess1on muned1ately followmg, the Leg1slat1ve Assembly make any mod1ficat10n m the rule or dec1des that the .rule should not be made, the rules shall thereafter have effect only m such mod1fied form or be of no effect, as the case may be, so, however, that any such mod1ficauon or annulment shall be Without preJUdice to the vahd1ty of anythmg prev10usly done under that rule I 0 I Exhtbllwn of coptes of Rules - Cop1es of Rules so •far as they affect the governance of pnsoners, shall be exh1b1ted m Malayalam and Enghsh • m a place to wh1ch all pnsoners w1thm the pnson have access I 02 Repeal and savmg -(I) The Pnsons Act, 1894 (Central Act IX of 1894) shall cease to be m force m the Malabar d1stnct referred to m sub-sect10n (2) of sect1on 5 of the State Reorgan1zat1on Act, 1956 (Central Act 37 of 1956) and Travancore-Cochm Pnson Act, 1950 (XVIII of 1950) 1s hereby repealed, w1th effect from the commencement of thts Act (2) Notw1thstandmg such cessation or repeal all rules, regulatiOns, orders, d1rect10ns, not1ficattons relatmg to the pnson adm1mstrat1~n m the State of Kerala, made under such Act shalt, ~o far as they are not mcons1stent w1th or repugnant to the prov1s1ons of thl!> Act, contmue to be m force unttl altered, amended or repealed by rules made under th1s Act 34187812011/DTP