LexThe ASSAM PRISONS ACT, 2013
Assam · state statute
Open in Lexace · Ask the AI about this act.. ' 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 allowed 1 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 ordetof 1 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_TT
Excerpt shown. Open the full act in Lexace.