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rule2022Rajasthan

THE RAJASTHAN PRISONS RULES, 2022

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RAJASTHAN GAZETTE Extraordinary Published by Authority Agrahayana 21, Monday , Saka 1944- December 12, 2022 HOME DEPARTMENT (GROUP XII) NOTIFICATION Jaipur, December 12, 2022 G.S.R.113 .-In exercise of the powers conferred by section 59 of the Prisons Act, 1894 (Central Act No. 9 of 1894), the State Government hereby makes the following rules for management and regulation of the prisons situated in the State of Rajasthan, namely:- CHAPTER I PRELIMINARY 1. Short title and commencement.- (1) These rules may be called the Rajasthan Prisons Rules, 2022. (2) They shall come into force on and from the date of their publication in the Official Gazette. 2. Applicability.- The administration and management of prisons, its staff, all kinds of prisoners and detenues under the provisions of different laws shall be governed by these rules. 3. Definitions.- (1) In these rules, unless the context otherwise requires,- (a) “Act” means the Prisons Act, 1894 (Central Act No. 9 of 1894); (b) “Adolescent Prisoner” means any person,- (i) who has been convicted of any offence punishable with imprisonment, or who, having been ordered to give security under section 117 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), has failed to do so and who at the time of such conviction or failure to give security, is not less than eighteen years, but not more than twenty one years of age; or (ii) who has been committed to prison custody during the pendency of his trial and who, at the time of commitment, is not less than eighteen years but not more than twenty one years of age; (c) “After Care Services” means the activity aimed at financial rehabilitation of released prisoners as normal and good citizens; (d) “Civil Prisoner” means any prisoner who is not committed to custody under a writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a court martial and who is not a detenue; (e) “Competent Authority” means any officer having jurisdiction and due legal authority to deal with a particular matter in question; (f) “Confinement” means confinement in a prison and includes detention therein under any law providing for preventive detention; (g) “Convicted prisoner or Convict” means any prisoner under sentence of a court exercising criminal jurisdiction or court martial and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) and the Prisoners Act, 1900, (Central Act No. 3 of 1900); (h) “Correctional Personnel” means personnel engaged or appointed to provide correctional services in the prison; (i) “Correctional Services” means services aimed at the reformation and rehabilitation of the offender and proper administration, management and functioning of prisons; (j) “Court” means a court established by any law for the time being in force and includes any officer or authority vested with the powers of exercising civil, preventive or criminal jurisdiction under any law for the time being in force; (k) “Criminal Prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a court martial as defined in the Army Act, 1950 (Central Act No. 46 of 1950); (l) “Deputy Inspector General of Prisons” means an officer, who is appointed by the State Government as such; (m) “Detenue” mean any person detained in prison by warrant, writ or order issued under any law providing for preventive detention or any person detained without any opportunity of trial under any law for the time being in force; (n) “Form” means form specified by the State Government, from time to time; (o) “Geriatric Prisoner” means a prisoner who is sixty years of age or above and medically unable to manage his or her daily normal work independently without any assistance; (p) “Government” means the Government of Rajasthan; (q) “Head of Directorate of Prisons” means the Director General of prisons; (r) “Habitual offender” means an offender who has been convicted in a particular offence for more than one occasion; (s) “History Ticket” means the ticket exhibiting such information as is required in respect of each prisoner by the Act or the rules made thereunder; (t) “High Security Prisoner” means a prisoner committed to prison custody, having criminal antecedents like escape, involved in heinous crimes such as dacoit, robbery, gangster, hired assassin, drug peddler, attacker on police, left wing extremism, and terrorism, warranting high physical security for him; (u) “Imprisonment” means as defined in the Indian Penal Code, 1860 (Central Act No. 45 of 1860); (v) “Inspector General” means the Inspector General of Prisons and includes Deputy Inspector General of Prisons; (w) “Infirmed Prisoner” means a prisoner having physical disability, unable to manage his or her daily normal work independently without any assistance; (x) “Legal officer” means officer of the Rajasthan Legal (State and Subordinate) Service appointed by the State Government in the Prison or Jail Department; (y) “Magistrate” means any person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974); (z) “Medical Officer” means in relation to prisons, a qualified medical practitioner declared by general or special orders of the Government to be a medical officer; (za) “Military Prisoner” means a prisoner convicted by court martial; (zb) “Non-habitual Offender” means all other prisoners who are not habitual offender; (zc) “Offence” means any act or omission made punishable by any law for the time being in force; (zd) “Open Air Camps” means the place which is declared to be an Open Air Camp for the detention of prisoners in pursuance of clause (1) of section 3 of the Prisons Act, 1894 (Central Act No. 9 of 1984) as adopted to the State of Rajasthan; (ze) “Prison” means any jail or place used permanently or temporarily under the general or special orders of the State Government for the detention of prisoners, includes all land and buildings, apartment thereto, but shall not include,- (i) any place for the confinement of prisoners who are exclusively in the custody of the police; and (ii) any place specially appointed by the State Government under section 417 of the Code of Criminal Procedure 1973 (Central Act No. 2 of (zf) “Prisoner” means any person confined in prison under the order of a competent authority; (zg) “Probation Officer” means an officer appointed as such by the Government to undertake probation work under the Probation of Offenders Act, 1958 (Central Act No. 20 of 1958) or any other law for the time being in force; (zh) “Prohibited article” means an article which cannot be introduced or removed into or out of a prison according to the Act or rules; (zi) “recidivist” means an offender who has committed another crime after the first offence; (zj) “Register” means register maintained in the format specified by the State Government, from time to time; (zk) “Remission” means reduction in sentence granted as a reward for good conduct and behavior in the prison as well as for labour special contributions and cooperation of the prisoner in administering the prison; (zl) “Remission System” means the rules in force for regulating the remission of sentence of prisoner; (zm) “Superintendent” means an officer who is appointed as such by the competent authority and includes Deputy Superintendent of Prisons; (zn) “Transgender” means transgender as defined under the Transgender Persons (Protection of Rights) Act, 2019 (Central Act No. 40 of 2019); (zo) “Under-trial prisoner” means a person who has been committed to prison custody with pending investigation or trial by a competent authority; and (zp) “Young Offender” means a person who has attained the age of eighteen years and has not attained the age of twenty one years. (2) Words and expressions used in these rules but not defined in these shall have the same meaning as in the Prisons Act, 1894 (Central Act No. 9 of 1894). CHAPTER II INSTITUTIONAL FRAMEWORK 4. Criteria for establishment of prisons.- (1) The State Government shall as far as possible establish sufficient numbers of prisons and provide minimum needs essential to maintain standards of living in consonance with human dignity. (2) Prison administration shall ensure that the prisoner’s human rights are respected. (3) Prison administration shall ensure separation of the following categories of prisoners, namely:- (a) Civil Prisoners; (b) Under-trials; (h) High Security Prisoners; (i) Detenue; (j) Geriatric and infirmed prisoners; (l) Psychiatric Prisoners; and (4) There shall be a separate prison for high security prisoners. (5) The prisons' regime shall take care to prepare prisoners to lead a law-abiding, self supporting, reformed and socially rehabilitated life. 5. Institutional Pattern.- (1)The Government shall adequately provide for the diversification of institutional resources to cater to the differential requirements of prisoners in terms of custody and correction. (2) The factors to be considered shall include age, sex, legal status of the prisoner, nature of crime, length of sentence, security requirements, state of health and correctional needs. (3) Such a course implies the setting up of separate institutional facilities for different categories of prisoners, such as,- (a) Prisons or annexes or yards for under-trial prisoners; (b) Maximum security prisons or annexes or yards for security risk prisoners and habitual or hardened offenders; (c) Open camp prisons; (d) Prisons or annexes or enclosures for women prisoners; (e) Prisons or annexes or yards for young offenders; (f) Prisons or annexes or yards for those suffering from infectious diseases; (g) Prisons or annexes or yards for drug addicts; and (h) Prisons or annexes or yards for transgender. 6. Classification of Prisoners.- (1) The Government shall establish a mechanism for the classification of prisoners to be housed in various types of institutions as enumerated above and shall lay down the procedure to be followed. (2) The authorized population for each type of institution and norms with regard to area or space for prisoners as well as the number of prisoners to be housed shall be specified which may include facilities for education, vocational training, work programmes and cultural activities, library and recreation, both indoor and outdoor. (3) It may also give specifications for the staff to be appointed in each type of institutions. (4) Apart from various types of prisons for specific categories of prisoners, Government may create temporary prisons to deal with emergent situations. 7. Prison Architecture.- (1) Prison architecture has to be based on the location of a new institution which will be decided on the basis of,- (i) the functions which the institution has to perform; (ii) emphasis on the training and treatment; and (iii) the programme content of the institution. (2) New institutions shall not be constructed near easily flooded and inundated areas, frontiers and international borders, sub- marginal land areas, sea faces, airports and congested urban localities. (3) While selecting the site for new institutions, factors like transport facilities, water supply, electric lighting, connections with high power electric transmission lines, drainage and sewage, communication facilities (such as posts, telegraphs, telephones and internet) climatic conditions, facilities for the purchase of institutional supplies, have to be taken into consideration. (4) Institutions like courts, civil hospitals, mental health centers, and educational facilities for children of prison personnel, should as far as possible within easy reach. (5) The architecture of institutions will be governed by two principles; namely:- (a) adequate protection to society through the establishment of security conditions; and (b) adequate resources which shall be necessary for the successful implementation of various correctional programmes, institutional design and architecture. (6) The plan of an institution shall be based on a careful analysis of inmate population, age group, custodial requirement, diversified work and educational programmes. (7) Closed prisons shall be classified namely,- (i) Central Jail with authorized population of one thousand five hundred prisoners; (ii) District Jail with authorized population of seven hundred fifty prisoners; and (iii) Sub-Jail/ Temporary sub-jail with authorized population of five hundred prisoners. (8) There shall be enough open space inside the perimeter wall to allow proper ventilation and sunlight and the area enclosed within the four walls of a prison shall not be less than 83.61 square meters per head of total capacity. (9) Where land is scarce, the minimum area shall be 62.70 square meters per prisoner. (10) No building inside a prison shall be nearer than fifty feets to the perimeter wall. (11) The area of an institution shall be fixed in accordance with the needs of an institutional programme. (12) The requirements of segregation of inmate groups within an institution in accordance with the prescribed principles of classification shall be provided for in every building plan and the requirements of administration and supervision shall also be taken into account while planning buildings. (13) Each region or division shall have an institution for women prisoners according to local requirements and each Central, District and Sub-Jail shall have an enclosure for women prisoners. (14) The existing enclosures for women in common prisons shall be renovated to ensure that women prisoners do not come in view of male prisoners during their passage to and from these enclosures. (15) Such enclosures shall have a double lock system with one lock outside and the other inside and the keys of the later always remaining with a woman guard inside. (16) The institutions or enclosures for women prisoners shall have all the requisite facilities with reference to their special needs such as segregation, protection, pregnancy, child-birth and family care, health care, training and rehabilitation and such other needs. (17) Under-trials and detenues shall be lodged away from convicted prisoners. (18) Accommodation for prisoners shall provide adequate cubic contents of air, floor space, lighting, ventilation and climatic protection and all constructions in prison organization shall adhere to ISI standards. (19) A special cell with adequate technical staff shall be set up at the prison headquarters to plan, monitor and supervise all constructions and repair works in the department. (20) Close Circuit Television Camera and other security gadgets shall be installed in work sheds, kitchens, hospitals, main gate, interview rooms, high security enclosures and in the premises of the barracks for the purpose of proper monitoring. o f t h e s e r u l e s shall have to be constructed with the following norms and old prison buildings shall as far as possible modified or renovate to fulfill the said norms, namely:- (a) the minimum dimension of the main gate and second gate of all the closed prisons shall be three meters in width and four meters in height; (b) dimension of main and rear gates shall be so wide that in case of fire exigencies a fire tender, a bore well rig to dig bore well a lorry to transport raw material or logs for factory and ration articles shall be able to pass through these gates; (c) the gate shall be made of a strong steel frame having vertical round or square steel bars of twenty five millimeters diameter or thickness; (d) each gate shall have a wicket gate of at least of 0.6 meters in width and 1.5 meters in height; (e) the main gate and the wicket gates shall have strong locking arrangements from inside and both gates shall have arrangements for easy opening and closing of shutters; (f) the gates shall be covered with iron sheet from outside up to the height of two and half meters; (g) the wicket gates shall have peepholes covered with lead at eye level; (h) the main gate may be painted with colours identical to that of departmental flag if prescribed by the Government; (i) space between two gates shall not be less than twelve meters in length and five meters in width to facilitate gate operations and it shall have the following facilities; namely : — (i) a cabin; (ii) search room, and (iii) space for security equipments; (j) entry to the prison shall only be through the main gate and all other entry points, if existing, shall be closed permanently. (2) There shall be a properly designed administrative block for each category of prison and the said block shall be located adjacent to the main gate and shall have office rooms, record rooms, conference hall, common rooms, enquiry cabins and control rooms, interview rooms for male and female prisoners for efficient functioning of the administration. (3) So far as other units are concerned, the following norms are to be followed, namely:- (a) a court room may also be constructed inside the Jail separately to dispose of cases of under-trials involved in petty offences; (b) the reception unit shall have necessary facilities for proper implementation of admission-quarantine and orientation classification programmes and physical facilities shall be set up in accordance with the number and type of inmates to be received and the programme to be followed for proper segregation of various types of inmates; (c) for the purpose of housing, all accommodation provided for use of prisoners, particularly for sleeping, shall meet basic requirements of healthy living and due regard shall be paid to climatic conditions, cubic contents of air, minimum floor space, lighting and ventilation. (4) There shall be four types of living accommodations as mentioned below, namely:- (a) barracks with accommodation for not more than eighty prisoners; (b) single room accommodation for prisoners needing privacy for pursuing studies, if possible; (c) cells for segregation of prisoners for the purpose of security and contagious diseases; (d) provision for separate accommodation for transgender prisoners; (e) the norms of prison building shall be applicable for construction of new building/additional wards, as the case may be and if required, the existing prison building shall be modified subject to budgetary provision; (5)The minimum accommodation capacity of dormitories or barracks, cells and hospitals per prisoner shall ordinarily be according to the following scale, namely:- Sleeping Barracks Cells Hospitals ground areas air space lateral ventilation of Ground areas Cu. Mtrs of air space lateral ventilation of ground area of air space (6) Over the door of every ward there shall be an inscription either in letters painted on the wall or on a tablet of wood or metal, showing the class of prisoners for which it is intended, the number of cubic and superficial feet it contains and the number of prisoners which it is capable of accommodating. (7) Temporary accommodation shall be provided for any prisoners in excess of this number and care shall be taken to see that the Lock-up Register shows the accommodation available in each ward, so as to enable the Superintendent to judge at a glance whether any particular ward is overcrowded or not. (8) The height of the main or perimeter wall shall be eighteen feet with electric wire fencing and all corners shall be rounded. (9) Partition walls around female wards shall be eleven feet high with concertina wire fencing and in other cases it must be eight feet. (10) No building shall be nearer than fifty meter from the main wall and in the case of double- storied buildings, the distance from the main wall must be thirty meter. (11) No inside building, latrine, shed, etc. shall be built against an outer wall and all such buildings must be fifty feet away from the wall. (12) An individual secure storage compartment sufficient in size to hold personal belongings of the prisoners shall be provided to each prisoner. (13) The barracks and cells shall be constructed on the following norms mentioned below, namely:- (a) if a barrack is flat-roofed, there shall be ceiling ventilation that is, opening at intervals close to the junction of wall and ceiling 30 x 12.5 meters and if the barrack is gable-roofed, there shall be a ridge ventilator having the minimum height of roofs or ceilings not less than ten feet from the floor; (b) the floor of the barrack shall be made of impermeable material such as cement concrete; (c) in prisons situated in cold regions or during cold seasons, appropriate flooring should be provided to ensure habitable conditions in the barracks; (d) all barracks shall, if possible, be provided with verandas not less than two meters in width; (e) though ventilation of the sleeping barracks is of the greatest importance, prisoners shall not be permitted to close the windows and ventilation openings with shutters or curtains at their discretion; (f) in new barracks, the ventilating area per head will be half a window and the standard grated window shall be 7 feet x 3 ½ feet, half a window will mean 1 square meter; (g) the ventilation shall, however, be controlled according to the season wherever necessary or otherwise the barracks shall be too cold and damp during winter and rainy season; (h) the structural arrangements of fittings and fixtures and locking devices of barracks shall be secure enough to prevent escapes and the existing wooden frames of the doors, windows and ventilators if any shall be replaced by iron or steel frames; (i) the iron bars used in doors, windows and ventilators shall be of twenty five millimeter diameter and the clear distance between two bars shall be of seven and half centimeter; (j) a barrack shall have only one door of 2.2’ x 1 meter and shall have a single shutter; (k) the door of the barrack shall have clear opening of 1 meter and the iron frame be made of angle- iron of minimum of ten millimeter thickness and should open in outer side of barrack; (l) sufficient artificial light shall be provided to enable the prisoners to work and read without difficulty in their barracks after dusk; (m) each barrack shall be provided with a first-aid kit which will be in the custody of an authorized prisoner and the first-aid kits supplied to each barrack should not have any sharp-edged items, long gauze rolls or tapes or other such items; (n) a looking mirror may be fixed outside each barrack for use of prisoners and a wall clock may be fixed inside each barrack; (o) adequate fire safety systems must be installed in the barracks or cells; (p) the barrack shall be free from tobacco, smoke and excessive noise; (q) each barrack or cell shall be provided with a flush toilet; (r) there shall be thorough ventilation of every cell and at the back of the cell, there may be a clerestory window; (s) the floor of the cell shall be made of impermeable material; (t) each cell shall have a yard attached to it where a prisoner can have the benefit of sufficient air and light; and (u) each cell shall be provided with a flush latrine and the existing cells shall not be put into use till this facility is provided therein. CHAPTER III HEADQUARTERS ORGANISATION 9. Effectiveness of Prison Administration.- (1) The effectiveness of prison administration depends largely on the quality of literacy and supervision of various institutions and the programmes therein, which in turn, depends on the manpower deployed at various levels of hierarchy. (2) It is imperative that the organizational structure be carefully planned and constantly reviewed to identify and review deficiencies in service delivery. 10. Control of Prisons.- Prisons shall be under the control of the Home Department of the State Government. 11. Wings at the Headquarters.- (1) There shall be two main wings at the headquarters level, namely:- (i) the Executive Wings, and (ii) the Correctional Wings. (2) The Executive Wing shall be headed by an officer not below the rank of Inspector General or equivalent rank and such officer may be assisted by officers of different ranks from the Directorate of Prisons. (3) The Correctional Wing shall be headed by the Inspector General and assisted by the Probation Officer. 12. Components of the Headquarters Staff.- The organizational setup of the Directorate of Prisons and Correctional Services shall be such as specified by State Government, from time to time. 13. Attachment to Prison Headquarter.- Any officer may be attached to Prisons Headquarters’ office as and when required by the order of the Director General of Prisons. 14. Authority and Powers of the Inspector General of Prisons.- (1) The Government shall appoint the Inspector General of Prisons who shall, under the directions of Director General of Prisons, exercise general control and superintendence of all prisons situated in the State. (2) The Inspector General of Prisons shall ensure the implementation of the provisions of the Act through other officers as appointed by the State Government for assisting him at the headquarters, at the prisons and at other institutions under his control and shall have such administrative authority as is laid down in these rules and as may be determined by the Government, from time to time. 15. Functions of the Inspector General of Prisons.- The Inspector General of Prisons shall perform the following functions under the direction and supervision of the Director General of Prisons, namely:- (a) to implement prison policies as laid down by the Government; (b) to plan, organize, direct, coordinate and control the various prison or correctional services; (c) to define the functions and fix lines of authority and channels of command of the prison personnel’s; (d) to inspect prisons or institutions with special reference to care, welfare, training and treatment of inmates, staff discipline and staff welfare etc; (e) to inspect or to direct to inspect all prisons or institution at least once in a year; and (f) to verify whether reformation is being made in the prison for ultimate rehabilitation in the society after release. 16. Preparation of Budget.- (1) The budget for the various services of Prisons shall be prepared by the Directorate of Prisons and submitted to the Government for approval. (2) Subject to the rules and orders of the State Government and the requirements of the Accountant General, Rajasthan the expenditure of the Directorate of Prisons shall be controlled by the Inspector General of Prisons. 17. Approval of Budget.- (1) The Director General of Prisons and Inspector General of Prisons may sanction any item of expenditure provided in the budget, but the approval of the State Government shall be obtained to all special and unusual charges for which distinct provision may not have been made or which are newly entered in the budget. (2) Subject to the provisions of this rule, an adequate grant shall be placed at the disposal of Inspector General of Prisons to meet expenditure of a special nature. 18. Powers of the Head of Directorate of Prisons.- The Head of Directorate of Prisons shall have all financial, administrative and disciplinary powers. 19. Accounts of expenses.- All monthly and other bills for Jail expenses of every description shall be submitted to and audited by the Head of Directorate, with the exception of,- (a) charges for public works, which are regulated by the Public Works Department; (b) charges for stationery, registers and forms supplied by the State Government Department 20. Sanction for ordinary working expenses.- The Head of Directorate of Prisons has authority to sanction all ordinary expenses, either for manufactory or for general purposes, within the limits of the budget grants, but with the following limitations, which should not exceed without the authority of the State Government, namely:- (a) purchase of grains for diet of prisoners for three months and supplies for manufactures, up to a stock of twelve months requirements; (b) sanction of temporary appointments in case of necessity and subject to budget provision as as well as wages for a month as prescribed by the Government, from time to time, for a period not exceeding one year in each case; (c) purchase of live-stock as per Rajasthan General Financial Rule; (d) sanction of petty construction and repairs as per Rajasthan General Financial Rules ; and (e) sanction of and allotment of funds for construction works, as laid down in Rajasthan Public Works Code. 21. Power to write off.- The Head of Directorate of Prisons is empowered to write off finally the irrecoverable value of stores or public money lost by fraud or for the negligence of individuals or for other reasons, subject to the conditions that,- (a) the loss in any specific case does not exceed one lakh or as per Rajasthan General Financial Rule as amended from time to time; (b) the loss does not disclose a defect of system the amendment of which requires the orders of Government, and (c) there has not been any serious negligence on the part of some individual officer or officers which might possibly called for disciplinary action. 22. Grant of reward to jail personnel’s.- (1) The Head of Directorate of Prisons is also empowered subject to budget provision, to grant rewards up to an amount not exceeding five thousand rupees in each case to an officer of the jail for special work of an occasional character when the work is, in the opinion of the Head of Directorate of Prisons either so laborious or of such special merit as to justify a special reward. (2) In addition, good service mark or commendation in the service book shall be awarded to the prison officers and below the rank of Jailor by the head of the Directorate of Prisons. 23. Financial Powers of the Superintendent.- (1) The Superintendent shall follow the instructions laid down in GF&AR, as amended from time to time, while exercising their financial powers for all purpose except for purchase of medicines. (2) As regards purchases of medicines, the Superintendent of Central Jail or District jails, or Temporary sub-jails or Sub-jails are allowed to exercise their financial powers as per Government Circulars or orders issued, from time to time. 24. Power to transfer Prisoners.- (1) The Head of Directorate of Prisons shall have power for ordering the transfer of prisoners from any jail in Rajasthan to another jail within the state or to a jail in any other state. (2) He shall have power to sanction the removal of prisoners from the permanent buildings of any jail into temporary quarters during epidemics. 25. Inspection of jails.- (1) The Head of Directorate of Prisons shall inspect or got inspected by officers subordinate to him every jail at least once a year and oftener, if necessary. (2) During each inspection, inspecting officer shall see every prisoner in the jail and give every prisoner the opportunity of making any application or complaint he may wish to make and shall enquire into and decide such matters which relate to jail discipline and shall also satisfy himself that all accounts, registers and records are maintained according to the rules in force and that proper arrangements are made for the safe custody of all records. 26. Preparation of note on inspection.- (1) After the inspection of each jail, the inspecting officer shall prepare inspection note about the condition in which he found the jail, the manner in which it is administered and may make any suggestions or orders to the Superintendent as he may deem necessary. (2) If the jail is in an unsatisfactory state, a copy of the note referred to sub-rule (1) with any explanation submitted by the Superintendent shall be submitted for the information and orders of the Government. (3) In other cases, the Head of Directorate of Prisons shall submit to the Government a summary of the results of inspection reporting the general condition of the jail, the state of discipline, health, etc., and any special points to which he considers the attention of the Government should be drawn. 27. Submission of annual report.- (1) The Head of Directorate of Prisons shall submit to the Government annually, as soon after the commencement of the calendar year as possible, and not later than the 30 th June of the year a detailed report of the jail administration for the previous calendar year along with the statistics of the prisoners together with any necessary comments thereon and his remarks on every point of jail management. (2) In the annual report, the Head of Directorate of Prisons shall briefly state what inspections he made in the year and general result of such inspections. (3) The Head of Directorate of Prisons shall be the medium of communication between the Government and every officer of the Department. 28. Range Organization.- For the purpose of general supervision over all jails including the Rajasthan Jail Training School, there shall be an organization called the Range Organization. 29. Sub-ordinate staff.- The subordinate staff shall be such as specified by the State Government. 30. Functions of Deputy Inspector General of Prisons.- (1) The Deputy Inspector General of Prisons shall exercise general supervision of all the Jails, of his range including the Rajasthan Jail Training School and he shall,- (i) sanction of arrear claims of the Non- Gazetted staff of his range; (ii) sanction contingent expenditure as per provisions of GF&AR, as amended from time to time; (iii) authorize local purchase of stationery articles within the specified limit; (iv) exercise such other powers as may be delegated by the Head of Directorate of Prisons to him, from time to time or as authorized by the Government in this behalf; (v) inspect all Central Jails, District Jails, Sub-Jails under his range at least once in a year or as directed by the Directorate of Prisons; (vi) furnish copies of the Inspection notes to the Directorate of Prisons and to the Superintendents of the Jails concerned for compliance and during such inspections, he shall see that every prisoner gets an opportunity of making an application or complaint and he shall enquire into or cause an inquiry into such complaint or application and shall determine all such matters related to jail discipline and security; (vii) satisfy himself that all Account Registers and Records are maintained according to the rules in force and shall look into the safe custody of all records; (viii) recommend proposal of suspension of officers in the rank of Jailors and below; (ix) ensure proper implementation of the welfare schemes; (x) depute the Deputy Jailor and other subordinate Jail Officers in any other Jail for ten days within his range; (xi) have the power to sanction Casual Leave of the Superintendent of the Jails under his range and the power to transfer convicted prisoners from one prison to another, within his jurisdiction; and (xii) have the power to permit research scholars and law and Post Graduate students to visit prisons for academic and research purposes on the recommendation of the Head of the Department of the Academic Institute on case to case basis ensuring security of the prisons. 31. Procedure for making orders by the District Magistrate.- The District Magistrate shall not address any communication or order to any officer of any jail other than the Superintendent and all orders issued by the District Magistrate shall be in writing. 32. Duties of the District Magistrate.- (1) In addition to the duties and responsibilities elsewhere prescribed in these rules, the general duties and responsibilities of District Magistrates shall be as follows:- (i) District Magistrates shall ensure compliance of all orders issued by Head of Directorate of Prisons in matters relating to safety and security, internal economy, discipline and management of prisons; (ii) District Magistrates shall visit prisons under their jurisdiction, as the case may be, at least once i n three month and a record of each visit shall be entered in the Visitor’s book to be maintained by the Superintendent for the purpose. (2) When the District Magistrate is absent or on tour from head- quarters, the officer in charge of the station for the time being shall perform the duties of the District Magistrate with regard to the prison, subject to any instructions given by the Magistrate and such officer shall append to his signature in the Visitors order book the words “in charge of the station during the absence of the District Magistrate.” CHAPTER IV CLASSIFICATION OF JAILS, SANCTIONED ESTABLISHMENT AND INSTITUTIONAL PERSONNEL (Powers and functions of Superintendent) 33. Establishment and Classification of Prisons.- The Prisons established under sub- section (1) of section 3 of Act shall be classified as under:- (a) Central Jail, (d) High Security Jail (e) Open Air Camp, 34. Custodial or Guarding Staff.- (1) The strength of custodial or guarding staff shall be determined keeping in view the requirements of security, discipline, programme emphasis, duty posts, workload and distribution of functions. (2) There has to be one guarding staff for every six prisoners. 35. Composition of Institutional Personnel.- Institutional personnel comprise of,- (a) Executive; (b) Guarding; (c) Medical; (d) Welfare; (e) Educational; (f) Technical; (g) Agricultural; and (h) Ministerial; and strength of such personnel shall be such as may be sanctioned by the State Government, from time to time. 36. Duties and function of institutional personnel.- The statutory duties and responsibilities of institutional personnel shall be as per the provisions of the laws and rules governing prisons. 37. The Duties and Responsibility of Superintendent.- (1) The Superintendent shall have the responsibility to ascertain that the compliance of human rights that the prisoners are entitled to are not impinged upon or restricted beyond the limit inherent in the process of incarceration itself and to ensure that prison programmes are geared towards the overall objective of imprisonment in terms of reform and rehabilitation of prisoners. (2) The Superintendent shall subject to any order of the Government or the Head of Directorate of Prisons, be in charge of the executive management of the prison in all matters relating to economy, discipline, labour, expenditure, punishment and control in general, among other things and shall also be responsible for developing an atmosphere that is conducive and correctional in nature and providing leadership in every aspect of prison management. (3) The Superintendent shall also take care of the duties, suggestions, planning, organizing, directing, guiding, coordinating, supervising and controlling all prison activities. (4) The Superintendent shall be the head of the prison and all officers shall be subordinate to him. 38. Appointment of Superintendent of Jails.- The Superintendent of Central Jails, District Jails shall be appointed by the State Government. 39. Powers and functions of the Superintendent of Jails.- (1) The Superintendent of Jails shall, in addition to the general supervision over security and custody arrangements, look into the following matters, namely:- (a) custody of secret and confidential documents; (b) supervision over care and welfare of inmates; (c) supervision over office administration; (d) control over financial matters; (e) implementation of State policy pertaining to correctional administration; (f) implementation of the work relating to planning, organizing, directing, guiding, coordinating, supervising and controlling all institutional programmes and operations; (g) supervision of Inmate discipline and morale; (h) classification of prisoners, their training and treatment programmes and correctional activities; (i) inspection and supervision of work, employment and production programmes; (j) inspection of the prison activities, prison hospital, kitchen, canteen, etc.; (k) personnel matters, staff welfare and staff discipline, allocation of duties to personnel under his control, safety of the prison personnel, protection of human dignity, rights and providing decent work conditions, acquainting institutional personnel with current policies of correctional administration and the role they have to play in a welfare state; (l) organizing personnel training programmes at the institutional level; (m) reports to the Head of Directorate of Prisons and liaison with other government agencies for the purpose of reformation of prisoners and institutional management; (n) development of an institutional atmosphere conducive to the correctional role and providing leadership in every aspect of institutional management; (o) daily inspection round and weekly night inspection round; (p) control of stock and stores, maintenance; (q) verification of admission and release of prisoners; and (r) maintenance of Order Book in the specified Form, in which all orders or minutes made by him, other than orders on reports of the jailor, shall be entered on the left hand page and on the right hand page the jailor or other officer to whom such orders have been given shall report how they have been carried out. (2) The Superintendent of every jail shall,- (i) hold an enquiry touching every offence committed by a prisoner and punish such offender; (ii) record with his own hand all orders for punishment and shall see that the punishment is carried into effect. Provided that the Medical Officer shall have previously certified that the prisoner to be punished is fit to undergo it; (iii) in respect of every punishment inflicted including formal warning, entries shall be made in the Punishment Register in the specified format, furnishing all particulars required by sub-section (1) of section 51 of the Act; (iv) in the case of serious offence, record the names of the witness witnessing the offence; (v) accompany the Head of Directorate of Prisons, Board of Visitors and senior officers of jail department during their inspection of the jail and also, the Magistrate of the District (or any officer acting on his behalf) and any official visitor; (vi) visit the jail daily, soon after the sunrise, when his first duty shall be to release time-expired prisoners with due observance of the rules regarding the return of their private property and if he is unable from sickness or any other cause to visit the jail on any week day, he shall record the fact of his absence and its cause in his order book; (vii) once in a week he shall hold a parade of all the prisoners and shall see every prisoner confined in cells daily; (viii) keep, or cause to be kept, the following records, namely- (a) a register, which may be in electronic form, of prisoners admitted; (b) a book showing when each prisoner is to be released; (c) a punishment book for the entry of the punishments inflicted on prisoners for prison offences; (d) a visitors’ book for the entry of any observations made by the visitors touching any matters connected with the administration of the prison; and (e) a record of the money and other articles taken from prisoners; and such other records as may be prescribed by rules from time to time; (ix) transact jail business in the Jail premises and shall not, except in cases of necessity require the attendance of the Jailor or Deputy Jailor, at any place beyond the Jail precincts; (x) prescribe in writing in his order-book the division of work allotted to each of his subordinates, especially to those employed in the jail office, so that the responsibility for errors in the jail records or any other dereliction of duty, may be fixed with precision and without dispute, but no such order shall relieve a Jailor of the responsibility of ensuring that the work in the jail office, whether done by himself or by his assistant, is properly and punctually conducted; (xi) report to the Head of Directorate of Prisons, all serious breaches of jail discipline, escapes, re-captures, suicides, death or serious injury to prisoners from accidental causes, any outbreak of epidemic disease or unusual sickness as they occure and the measures taken to prevent the spread of the disease; (xii) keep a constant and careful watch over the jail receipts and expenditure and shall promote all possible economy in every department and carefully examine all demands and indents before sanctioning, or submitting them for sanction; (xiii) frequently satisfy himself that the registers and books are written up, that cash balances correspond with those entered in the book’s, that daily entries are made in the day-books, and the outstanding dues are not allowed to remain unrealized; (xiv) entered in the account books all purchases made from the jail by the Superintendent himself or by any subordinate, it shall be the duty of the Superintendent personally to see that the charge is at once entered in the account books and that the debt is punctually discharged; (xv) be responsible for any defalcations on the part of the jail establishment, if it be shown that such defalcation were rendered possible by neglect on his part of this or any other rule laid down for his guidance; (xvi) satisfy himself by frequent inspection of the accounts and of the prisoners food before and after coming and by weightments of the food after distribution, that the prisoners obtain their full rations properly cooked; (xvii) submit punctually to the Head of Directorate of Prisons all such annual and other returns, as may be decided from time to time by the Government; (xviii) in every six months as soon as possible after the 15th June and the 15th December of each year, examine all store, machinery, plant, tools, raw materials, manufactured articles, live and dead stock pertaining to the jail and satisfy himself that he has on the premises stock and plant equivalent to the balance shown in the accounts on those dates and at the close of the year this examination shall include counting measurement or weightments of all stock and submit certificates in this regard to the Inspector General of Prison upto 1st day of July and 31st day of December; (xix) before ordering fresh stock of any kind, scrutinize the existing stock as well as consider the future needs in order to prevent overstocking and his half-yearly examination shall accordingly include also a definite enquiry whether there is a surplus stock under any head, and if so, and it is not likely to be worked off before deteriorating, it shall be disposed of without undue delay; (xx) see whether there are any unserviceable articles and arrange for their disposal or write-off; and (xxi) frequently inspect all stock and other property of Government in the jail and make surprise verifications of those liable to shortage or excess at irregular intervals and report the result to the Head of Directorate of Prisons. 40. Duties of the Relieving Officer.- On transfer of Superintendents, the relieving officer shall, before taking over charge, satisfy himself that the cash balances, permanent advance, and accounts are correct, also, as far as possible, that all stock (both general and manufactory), machinery, plant and tools shown by the accounts to be in stock, are forthcoming, and that the registers have been written up to date, and sanction has been obtained for all the establishment employed, and shall report to the Head of Directorate of Prisons that he has done so and the responsibility of the relieved officer shall not cease till the above work is done. CHAPTER V JAILOR AND OTHER SUBORDINATE STAFF (Duties and function) 41. Reference to Jailor includes reference to Deputy Jailor.- Every provision in these rules referring to a Jailor shall apply to any Deputy Jailor, or other person performing the duties of a Jailor and the Head of Directorate of Prisons is empowered to appoint, dismiss or suspend Jailors. 42. Functions of Jailor.- (1) In the absence of the Superintendent of Prisons, the Jailor shall perform all the functions attached to the post of the Superintendent. (2) The Deputy Superintendent shall be the chief executive Officer of the jail and shall control the whole Subordinate Jail establishment under the orders of the Superintendent and shall assist the Superintendent on all occasions and see that his instructions are carried into effect. (3) The Jailor shall be responsible for carrying out all rules relating to the management of jail and prisoners. (4) All officers subordinate to the Jailor shall be under his immediate control and shall implicitly obey his orders. (5) The Jailor is authorized to grant leave of absence from the jail to any subordinate officer without the sanction of the Superintendent, but the leave shall not extend beyond six hours and during the subordinate officer’s absence, the Jailor shall be held personally responsible for the due performance of the absentee’s duties. (6) The Jailor shall reside in the prison campus, unless the Superintendent permits him in writing to reside elsewhere. (7) The Jailor must always be present in the jail or jail premises except when he has to attend a court or on permission from the Superintendent. (8) The Jailor shall, before leaving the jail precincts for any purpose whatsoever, make over charge of the jail to the next senior officer in rank present, and shall record the fact that he has done so in his report book and the officer receiving charge shall, thereupon, countersign such entry. (9) The Jailor shall, if required, accompany the Magistrate, Medical Officer, inspecting officers and official and non-official visitors on their visits to the jail and shall always accompany the Superintendent on his visits to the jail. 43. Report Book.- The Jailor shall keep a report book in the specified format, in which he shall record daily on the left-hand page, the state of the jail and all occurrences of importance and make reports and representations with the following information’s, namely (a) the hour at which the wards were opened; (b) the members of the jail staff present; (c) the hour when prisoners began work; (d) the number of prisoners who used the night latrine (in small jails, the number and names of these prisoners); (e) the jails in which a Cell Register is not kept, the names of prisoners who slept in cells last night; (f) the names of officers who went round the jail last night with the hours of their arrival and departure and their report in brief; (g) the hour at which prisoners stopped work at midday and at which work was recommenced; (h) the hour at which work was stopped for the day, and at which the prisoners were locked up; (i) how instructions relating to conservancy general sanitation and personal hygiene of prisoners were carried out by him during the preceding 24 hours; (j) hours at which the extramural gangs were visited and the name of the officer visiting; (k) bring it to the notice of the Superintendent that his assessment in general on the discipline among the staff and prisoners; (l) record any inadequacy on the security arrangements and suggest guidelines to set right things, wherever necessary; and (m) bring it to the notice of the Superintendent any other matter of importance Supervise general supervision of the Remission Branch in the Prison Office and frequent and periodical check over all the registers and other records of the Remission Section. 44. Report of Jailor about the occurrences.- (1) The Jailor shall record all cases in which he may have found it necessary to use restraint to any prisoner, any violent outbreak or serious offence, accident, death, outbreak of epidemic disease or any occurrence out of the ordinary routine. (2) In default of performing such daily visits or duties as are required by these rules, the Jailor shall state how far he has omitted them and the reason. (3) The Jailor shall report any neglect or offence committed by or the absence from duty of any subordinate officer or application for leave requiring the Superintendent’s order, also enter requests for sanction for unusual expenditure or for the employment of prisoners in any special manner, or any matters upon which he may require orders. (4) The report book shall be laid daily (or oftener if necessary) before the Superintendent, who shall endorse his orders upon each entry or if no order or comment is required, append his initials on the right-hand page. (5) On Monday mornings, the Jailor shall certify in his report book that he has carefully examined the entries made in the several registers since the preceding Monday and that they have been found correct and up to date. 45. Visit of Jail. - (1) The Jailor’s chief duties are to secure the safe custody of prisoners, to enforce discipline among prisoners and his subordinates, to ensure that prisoners sentenced to rigorous imprisonment do the work assigned to them and to maintain a standard of health among them so far as this can be secured by strict compliance with the rules and orders made with this object. (2) The sedulous attention to all matters which can improve the health of the prisoners will be considered one of the highest qualifications for the post of Jailor. (3) The Jailor shall visit every part of the jail daily, including cells and hospital, and see every prisoners at least once in every twenty four hours. 46. Delegation of Power.- (1) It shall be the duty of the Jailor to be present when the prisoners are locked up at night and taken out of the wards in the morning, and this duty shall not be delegated except by permission of the Superintendent, unless the Jailor is sick and unfit for duty. (2) When it is so delegated, a note must be made in the Jailor’s report book. (3) In large jails, a part of the unlocking and locking up must be performed by the Deputy Jailors or Head Warders or Warders, who shall be responsible for the proper performance of their portion of the work, but the Jailor must ascertain from these officers that everything is correct and that every prisoner is present. (4) The Jailor shall also see that all keys are counted and properly disposed of every night as required by rules. 47. Duty of Jailor on admission of prisoner.- (1) It shall be the duty of the Jailor on the admission of a prisoner, to satisfy himself that the warrants are in order, to take from the prisoner all money, jewellery and other articles found upon him and all clothing not required in jail and to see that the same are properly entered on the prisoner’s warrant. (2) When the property consists of money, the amount shall be entered in the Cash Book and Private Cash Register and the Jailor shall be responsible for the safe custody of prisoner’s property. (3) The Jailor shall present the prisoners as soon as possible before the Superintendent and the Medical Officer. 48. Maintenance of Release Diary.- (1) The Jailor shall be responsible for the custody of all warrants and the strict enforcement of their terms and shall see that the name of every prisoner on his arrival, entered in the Release Diary maintaining the date on which the prisoner is to be released and in case of the prisoner’s obtaining a remission of sentence or receiving any additional sentence while in jail, the entry in the Release Diary shall be transferred to the correct date and no prisoner shall, on any account, be, either released before his time or kept in jail beyond termination of his sentence or beyond the date on which under the remission system he is entitled to be released. (2) If a prisoner is sentenced to solitary confinement, he shall see that an entry is made in the register of prisoners so sentenced, and that the prisoner is placed in a cell at proper intervals for the prescribed periods. (3) The release of the convict prisoners in time is the sole responsibility of the Jailor and Superintendent. 49. Entry in the History Ticket.- (1) The Jailor shall assign to each prisoner his work, subject to the control of the Superintendent and shall see that the task is properly entered on the history ticket and that all changes of labour are so entered. (2) In the distribution of labour, he shall invariably consult the result of the fortnightly weightments, and see that no prisoner who is losing weight is placed on any labour which is likely to injure his health. (3) This duty cannot be delegated to any subordinate without the permission of the Superintendent. 50. Breach of jail rule.- The Jailor shall note every breach of jail rules in the prisoner’s history ticket, and shall bring the offender before the Superintendent, but is strictly prohibited from punishing any prisoner. 51. Prevention of possessing prohibited articles.- With the view of preventing the possession of prohibited articles in the jail, the Jailor shall occasionally, at uncertain times, but at least once a week, cause every prisoner and all clothing, bedding, wards, workshops and cells to be thoroughly searched. 52. Permission to outsiders.- The Jailor shall be strictly guided by the rules contained in Chapter XXII regarding prisoner’s interviews and communications with their friends or outsiders and shall not permit any stranger or person not authorized to visit the jail without the written order of the Superintendent. 53. Distribution of Cooked food.- The Jailor shall be held responsible for the proper weightments and issue to the cooks of prisoners rations, and for seeing that they are properly cooked and distributed so that every prisoner receives his proper quantity, but subject to such responsibility he may with the permission of the Superintendent, delegate these duties to an Deputy Jailor or any other officer. 54. Medical attention to the Prisoners.- The Jailor shall arrange that every Prisoner, who is desirous of seeing the medical subordinate or who is ill or whose state of mind or of body appears to require medical attention, is shown to the Medical Officer without delay and he shall record the circumstances on every such Prisoners’ history ticket. 55. Entry of directions in the History Ticket.- (1) All directions entered by the Medical Officer or Pharmacist on a prisoner’s history ticket relating to the treatment of such prisoner shall be complied by the jailor, unless they are contrary to any order in these rules or unless the jailor has not the means or power to carry them out. (2) In every case, the Jailor shall record on the prisoner’s History Ticket in respect of every direction, what action he has taken or why he has not taken action and, in any case when he considers it improper to comply with any direction or is unable to do so, he shall show the history ticket to the Superintendent and obtain his orders thereon. (3) The Jailor shall carry out forthwith emergent written orders of the Medical Officer regarding the sick in hospital. 56. Intimation about death of the Prisoner.- (1) When any prisoner dies, the Superintendent shall send immediate intimation to the concerned Police Station as well as to the Collector and District Magistrate and Superintendent of Police/Deputy Commissioner of Police and also to the family member or nearest relation of the Prisoner. (2) Report on death shall be sent to the National Human Rights Commission and Rajasthan Human Rights Commission and Prisons Directorate as well as to the local municipal authority within twenty four hours which shall also be sent to the concerned Magistrate. 57. Weekly Parade.- Every Monday, the Superintended shall hold a parade of all prisoners confined in the jail and shall, with the Medical Officer,- (a) carefully inspect every prisoner; (b) examine the clothing and bedding of every prisoner; (c) check the muster-roll and satisfy himself that every prisoner is present or accounted for, and satisfy himself generally that everything is in proper order; and (d) enter a report of his inspection in his journal, noting therein the state of the clothing, cleanliness, numerical strength and other matters of importance relating to the prisoners. 58. Checking of Warder guards.- (1) The Jailor shall be held responsible that the warder guard is properly drilled, generally efficient and clean and neat in appearance and it shall be Jailor’s duty to see that, the reserve guard is at all times present at the jail in full force and properly armed. (2) The Jailor shall see that all the warders invariably sleep in the quarters allotted to them and he shall occasionally, at least once a fortnight, visit the warders’ quarters at night and ascertain that none of the warders have left the jail premises without permission. 59. Custody of important documents and records.- (1) The Jailor shall be responsible for the safe custody of all important documents and for the registers and records prescribed by these rules and shall exercise general supervision over the work of the office. (2) The delegation of preparation of returns, entries in registers or any other duty of Jailor to any authorized subordinate shall in no way relieve the former of the responsibility of ensuring that these are correctly and punctually performed, but his main duties are the direct control of the prisoners and the management of the jail. (3) The Jailor or cashier may be required to keep the cash-books and such other registers as the Superintendent may direct, with his own hand and the Jailor shall be responsible that the cash balances correspond with those shown in the cash-books, initial the latter if correct and present them daily to the Superintendent for inspection. 60. Financial Transaction by the Jailor.- The Jailor is prohibited from making advances from private funds for jail purposes and in all financial transactions he shall strictly follow the procedure specified in rules and in the GF&AR. 61. Custody of Stores.- (1) The Jailor shall be responsible for all stores, machinery etc., in his charge and shall render an account on his removal or transfer, of all manufactured goods, raw materials, tools, plant, money, etc., for which he may have been made responsible. (2 )The Jailor shall see that all store rooms are kept clean and neatly arranged and protected as far as possible from vermin, birds, insects and damp. (3) The responsibility of the Jailor for stores, etc., may be delegated to the Deputy Jailor by written order of the Superintendent which shall not however, relieve the Jailor from his general responsibility for the safe custody and correctness of stores in the jail. 62. Inventory of property and stores.- (1) When a Jailor is discharged or suspended or resigns or takes leave (other than casual leave) or is transferred, he shall be required, on making over charge to his successor, to give an inventory in the specified Form of all property, stores and any other articles in his hands which shall be kept in the jail records, a copy being given to his successor. (2) Whenever the responsibility of the Jailor for stores are delegated to the Deputy Jailor under above rules, the relieving Jailor shall simply inspect the stores and check some of the items and get a certificate from the officer-in-charge that the stores are correct. (3) Unless the relieving jailor has reasons to doubt the correctness of the stock, a detailed check of the stores is not necessary as the officer-in-charge is responsible for the correctness of the same. (4) The relieving Jailor shall, however, take over personally such articles as were in the charge of the relieved Jailor and shall give vouchers for all sales to the relieving officer. (5) In case of the Jailor’s death, the inventory shall be made by or under the directions of the Superintendent or Head of Directorate of Prisons. 63. Assumption of charge by the Superintendent.- (1) When a Superintendent newly assumes charge of a jail, it shall be the duty of the Jailor to bring to his notice all special rules and orders relating to that jail and in the event of any grave irregularity in bringing to the notice of the Superintendent including the rules or orders, the Jailor shall be liable for disciplinary action unless he can show that he brought the rules or orders to the notice of the Superintendent. (2) The Jailor shall place the bio-data register of all staff who are working in the jail before the Superintendent for his information in Form as specified. 64. Additional responsibilities of Jailor.- The Jailor shall also have the following responsibilities, namely:- (a) to segregate prisoners having escape or discipline risks and prisoners of known bad characters and report to the Superintendent; (b) to see that the walls, buildings, gates, dormitories, cells, hospitals area and other places of the prison are properly secured and ensure a system of good lighting in and around the prison; (c) to ensure to place the sentry in blocks in which notorious prisoners are confined; (d) to bring it to the notice of the Superintendent, wherever the guarding arrangements are not satisfactory through his report book; (e) to visit to the prison hospital daily; (f) to bring it to the notice of the Superintendent any defalcation on the part of the Prison Staff, if it be shown that such defalcation were rendered possible by negligence on the part of the staff; (g) to supervise daily along with other executive staff the lock up of high security prisoners like condemned prisoner, naxalite, terrorist prisoners, etc.; (h) to check the ration, at least twice in a week issued to the kitchen and satisfy him that correct quantity is issued; and (i) to supervise the work of his subordinate officers viz., the Deputy Jailor and in respect of the executive work attached to them along with the supervision of all the registers being maintained by them and initial them in token of having checked them. 65. Duties of Deputy Jailor.- (1) The Deputy Jailor shall be the immediate assistant of the Jailor whose duty shall be to take the place of Jailor whenever he is absent and to undertake whatever portions of the Jailor’s duties are assigned to him by Superintendent. (2) It shall be clearly understood that a fair share of the duties imposed by these rules on the Jailor, shall be assigned to the Deputy Jailor, who shall perform the duties allotted to him under the general supervision of the Jailor. (3) The duties of Deputy Jailor shall be clearly prescribed by the Superintendent in his Order book and shall, from time to time, be changed so that he may undergo a thorough training for the appointment of Jailor in all types of jail. (4) Whenever an Deputy Jailor officiates for the Jailor during the temporary absence of the latter, he shall possess all the powers and responsibilities of Jailor. (5) In addition to the duties specified in these rules, the Superintendent may, by an order to be recorded in the Order book, allot to the Deputy Jailor any specified portions of the Jailor’s duties. (6) The Deputy Jailor shall share the Jailor’s responsibility for carrying out the provision of these rules and for the maintenance of discipline. (7) Except while on duty, the Deputy Jailor shall not be absent from his quarters without the permission of the jailor. 66. Responsibility of Deputy Jailor.- (1) The following shall be the responsibilities of the Deputy Jailor, namely:- (a) they shall be subordinate to the Jailor and assist him wherever necessary; (b) they shall be generally responsible for observance of all provisions in these rules; (c) they shall have supervision over security, custody and discipline, supervision over care and welfare of prisoners; (d) they shall have supervision over personnel matters, staff discipline and staff welfare assisting the Superintendent in all matters pertaining to institutional management which shall include,- (i) inspection of kitchen, canteen and visit hospital daily, (ii) admission and release work of prisoners, and (iii) classification of prisoners and their training; (e) they shall see that prisoners are clean in their persons and clothes and that they have the authorized amount of clothing and bedding and no more; (f) they shall have power at uncertain times but at least once a week, to cause every prisoner and all clothing, bedding workshops, wards and cells to be thoroughly searched; (g) they shall be responsible for the execution of all orders regarding the labour of prisoners and shall assign to each prisoner his work on the recommendation of the classifying committee constituted in each prison for the purpose; (h) they shall supervise the cultivation of the garden and be responsible for the adequacy of the supply of vegetables; (i) they shall supervise the prison farm and all other outside operations; (j) they shall jointly with the Medical subordinate be responsible for the proper preparation and distribution of food to prisoners; (k) they shall supervise the working of the guards at least twice a week or more, at uncertain time and shall visit the prison after 10.00 P.M. and satisfy themselves that the standing guard is present, the sentries posted are on the alert, and that the rounds are properly maintained; (l) in jails where adequate executive personnel are available, one of such officer shall perform night duty throughout the night and shall be called as night duty officer; (m) they shall be responsible for the custody of all warrants and for the strict enforcement of their terms and that no prisoner on any account be released before his due time or kept in prison beyond the termination of his sentence. (2) The Deputy Jailor shall carry out the following instructions, namely:- (a) to assist the Jailor in studying the psychological and mental makeup of prisoners and take steps to reform them; (b) to be in charge of the ration or manufactory stores; (c) to be directly responsible for the storing and custody of ration and other articles purchased and their issue from the stores; (d) to place indents and get supplies of all articles of diet and articles required for the prisoners; (e) to attend to the day to day maintenance of stock registers and other connected records and to the proper maintenance of stock; (f) to check the correctness of the kitchen slips, hospital indents and other indents placed on him for issue of ration and miscellaneous articles; (g) to weigh and issue ration and other articles for consumption; (h) to supervise the cleaning of grains, vegetables and other dietary articles and their grinding, if any; (i) to ensure that all ration articles taken to the kitchen are actually utilized for the purpose they are meant; (j) to assist the Jailor in searching the condemned prisoners and examining the cells where condemned prisoners are locked up; (k) to assist the Jailor in supervision over searches, counting opening, and closing of prisons and to assist the Jailor in all matters pertaining to institutional management; (l) to attend to any other duty that may be assigned to him by the Superintendent; (m) admission and search of prisoners on their admission; (n) to keep in custody of prisoner’s property except cash; (o) to see that the removal of private clothing from prisoners is properly done on their admission and the issue of prison clothing and bedding is made and the placing of prisoners is made in quarantine soon after their admission; (p) to see proper custody of prisoner’s private clothing in prison clothing stores and the issue of fresh clothing to the prisoners; (q) to maintain the clothing and bedding registers as specified; (r) conduct prisoners’ interview; (s) to supervise over the proper maintenance of dairy and poultry units in prisons and to maintain the stock and the stock register; (t) the charge of the quarantine and of the civil and leper annexes where such annexes exist; and (u) to see that proper censoring of letters addressed to and sent by the prisoners is made and the disposal of such letters is made under the order of the Superintendent. 67. Guarding Personnel.- (1) The guarding personnel shall consist of Head Warders, Warders including Female Warders. (2) There shall be at least one guarding staff for every six prisoners and this ratio shall be followed in all three shifts. The staff engaged in the industries and other welfare activities shall be excluded while calculating the above ratio. (3) Specific duties of each member of the guarding staff on various sections or points shall be assigned by the Superintendent on a rotation basis in keeping with the status of such staff within the cadre in the following areas, namely:- (a) security, custody and discipline; (b) searches and counting of prisoners; (c) opening and locking-up of the prison; (d) reporting defects and short comings in prison buildings, walls, locks, and lighting arrangements for taking immediate action for rectifying these and taking care of the custody of locks and keys, handcuffs and other security equipment; (e) care and welfare of prisoners; (f) maintenance of discipline in institutional premises, gates, quarantine, barracks, dormitories, cells, work sheds, punishment yards, segregation yards, hospital, kitchen, farm and in every other section of the institution; (g) sanitation and hygiene in areas under his charge; (h) guarding and sentry duties; (i) escorting prisoners for work, supervision of their work, care and custody of tools, property, equipment, dead stock and livestock; (j) supervision of distribution of food, canteen articles and inmate equipment; (k) helping the technical personnel in work sheds, management and discipline, helping agricultural personnel in all related matters; (l) keeping discipline in the areas where educational, cultural and recreational activities are conducted; (m) reporting violations of discipline to appropriate officers for taking immediate action as per rules; (n) observing habits and behavior patterns of inmates and reporting the same to the authorities concerned, helping inmates to improve their habits and attitudes; (o) taking preventive and control measures for all emergency situations; (p) ensuring discipline in staff quarters; (q) taking steps for physical training, drill parades and emergency practice; (r) conducting interview of prisoners through video conferencing; and (s) escorting the sick prisoners to outside hospital during emergency and to guard till deployment of Police escort. 68. Maintenance of Order Book.- All orders of major importance affecting the Warder Guard, transfer, leave, promotion and degradation, shall be entered by the concerned Deputy Inspector General in the Order Book in forms as specified. 69. Despatch of Service book on transfer.- The Superintendent shall cause all necessary entries to be made in the Warder’s service register including leave accounts and service record and shall cause the service books to be forwarded together with, complete in all particulars to the jail to which the officer has been transferred within seven days of his departure. 70. Accommodation of Warders.- All Head Warders and Warders shall be provided with separate quarters for themselves and families and single and un-married Warders shall be provided accommodation in barrack in the jail premises. 71. Notice before leaving jail service.- Every subordinate officer, who desires to leave the jail service, shall be bound to give notice in writing at least three months prior to leaving. 72. Acknowledgement during appointment.- (1) Candidates before appointment to the jail service, shall read the provision of section 54 of the Act and shall acknowledge by signature that he has read and understood the said provision. (2) The acknowledgement shall be attached to each officer’s service book and they must also understand that they may be employed wherever it seems fit to the Inspector General to employ them. (3) No candidate shall be appointed until he has signed the declaration contained in the specified Form. 73. Communication to the successor.- Every subordinate officer shall make himself acquainted with the rules and orders regulating his duties and every officer on being relieved, shall point out to his successor all matters of special importance connected with the duties of his post and explain any direction of the Superintendent, Medical Officer, or other superior officer affecting any particular prisoner or matter. 74. Note Book.- Every Jailor and Deputy Jailor shall carry with them a note book in which they shall enter at the time any verbal order given to them by the Superintendent. 75. Prohibition from any other employment.- Neither the Jailor nor any officer subordinate to him shall engage himself in any employment or business other than his jail duty. 76. Restriction on taking loan.- (1) No officer shall take a loan or money from or lay himself open to any pecuniary obligation from any officer subordinate to him. (2) Any officer, who is appointed or transferred to a post in which he will be in a position to exercise official influence or authority over any person to whom he is under any pecuniary obligation, shall be bound to declare, without delay, the circumstance to the officer to whom he is immediately subordinate for report to the Government failing which he shall be subject to the same penalty as if the obligation were incurred after his appointment or transfer. 77. Reference of disputes.- (1) All wrangling or disputes between officers or employees of the jail are strictly forbidden and any disagreement between subordinate officers as to any matter connected with their duties shall be referred to the Jailor, or if necessary, to the Superintendent. (2) All complaints must be made to the Superintendent or Jailor within twenty four hours of the occurrence and officers making frivolous or false complaints shall be liable to punishment. 78. Prohibition on combinations.- No combinations among officers and employees are allowed and proceedings tending to such shall be punished. 79. Provisions of quarters.- Every subordinate officer for whom quarters are provided by Government shall live in those quarters and those for whom no quarters are provided shall live within such a distance of the jail as may be fixed by the Superintendent. 80. Provision for House Rent.- (1) Every jail officer is entitled to rent free quarters or to house rent in lieu thereof if no quarters are provided and he occupies rented quarters in the vicinity of the jail with the approval of the Superintendent. (2) Quarters in the jail premises shall ordinarily be provided for the Superintendent or Jailor or Deputy Jailor or Prison Welfare Officer or Clerk-cum-Typist or Teacher or Pharmacist or Stenographer or all technical staff or Accountant or Factory Overseer or fourth grade employees and guarding staff. 81. Restriction on private visitors.- (1) No subordinate officer shall be permitted to receive any private visitor into the interior of the Jail. (2) No female shall, in any circumstances, be allowed to enter the Warder’s barracks or guard- room. (3) All outsiders of loose or evil character shall be excluded from the jail precincts. 82. Restriction on leaving jail premises.- (1) Subordinate officers and employees shall not lounge about the jail. (2) They shall confine themselves to their respective posts, except when ordered by a superior officer to go elsewhere or when going upon duty. 83. Permission before leaving jail premises.- (1) No subordinate officer shall absent himself from the jail premises either by day or night, or from duty during the hours fixed for his attendance without the permission of the Superintendent or Jailor except when summoned by a court of justice. (2) Any subordinate officer disabled from the performance of duty by illness, or summoned by a court of justice, shall at once send notice to the Jailor, who shall make such arrangements as may be necessary for the performance of the duty of the officer during his absence. (3) Every subordinate officer to whom any leave has been granted shall, immediately on his return there-from, personally report the fact of his return to the Jailor. 84. Use of Uniform and maintenance of cleanliness.- (1) All the subordinate officers shall pay strict attention to cleanliness of persons and dress and those who do not usually retain their moustache and beard, shall be clean-shaved while on duty and those for whom a uniform is prescribed shall at all times wear it while on duty, but relaxation of this rule may be allowed when a jail official on account of caste rules is unable to shave or wear uniform during the period of mourning. (2) When off duty on the Jail premises or in any public place, they must either appear altogether in private clothes or in complete uniform and no combination of the two shall be allowed. 85. Restriction on smoking and use of prohibited articles.- (1) No subordinate officer or employees shall smoke or drink or sing or talk loudly while on duty or in any way or at any time conduct himself in an unseemly or disorderly manner or introduce liquor, tobacco, or any drug or any prohibited article into the jail. (2) Chewing betel (pan) or tobacco while on duty in the presence of a superior officer is considered as unseemly and is prohibited. 86. Restriction on having interest in any contract or agreement.- No officer of the Jail, nor any person in trust or employed by him, shall have any interest, direct or indirect in any contract or agreement for the supply of any article to the jail nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the jail or belonging to a prisoner, nor shall he bid at any auction of jail property nor receive directly or indirectly, any fee, gratuity, present or loan from any contractor or person tendering for any contract with the jail or from any prisoner or prisoner’s friend or any person visiting the jail. 87. Restriction on business with the prisoners.- No officer of a jail shall sell or let nor any person in trust for, or employed by him, shall sell or let or derive any benefit from selling or letting any article to any prisoner or have any money or other business dealings directly or indirectly with any prisoner or prisoner’s friend. 88. Restriction on unauthorized communication.- No subordinate officer shall correspond with the friends or relatives of any prisoner or have any unauthorized communication with any person whatever as to matters concerning the jail nor shall correspond with any discharged prisoner or with the friends or relatives of such prisoner, or allow any such prisoner, or his friend or relative, to visit or remain in his quarters, except with the special permission of the Superintendent. 89. Restriction on unnecessary conversation.- No subordinate officer shall converse unnecessarily with any prisoner or treat him with familiarity or discuss matters connected with the discipline or regulations of the jail with him or within his hearing. 90. Threatening prisoners with humanity and kindness.- All jail officers shall treat prisoners with temper, humanity, kindness, and strict impartiality and listen patiently and without irritation to any complaint or grievance, while at the same time maintaining strict discipline and enforcing the observance of all rules and regulations. 91. Redressal of grievances.- Every complaint or grievances made by a prisoner shall be heard with attention, in order to redress them and that no cause for discontent may be allowed to remain. 92. Restriction on punishment.- (1) No jail officer shall in any circumstances punish any prisoner except under the Superintendent’s order, or threaten any prisoner with punishment or use violent, abusive or insulting language to any prisoner. (2) All conduct intended merely to irritate or annoy any prisoner shall be avoided. 93. Restriction on use of force.- (1) No officer shall, on any pretext, strike a prisoner, except in self-defense or in the repression of a disturbance and in no case force more than necessary shall be used. (2) In the event of any riot, violent attempt to break out of the jail, or assault of the prisoners, or of any of them upon the jail officers, the Jailor and his subordinates shall be strictly guided by these rules. 94. Report about misconduct or willful disobedience.- No officer, on any pretence whatever, through favor or from a mistake motion of kindness, shall fail to make an immediate report to the Superintendent or other superior officer of any misconduct or willful disobedience of the jail rules whether on the part of a prisoner or of another officer. 95. Proper custody of keys.- (1) No subordinate officer or employee entrusted with keys shall take them out of the jail, leave them lying about or deliver them to any other person, except when, on leaving the jail or going off duty, he delivers them to such officer as may be authorized to receive them, and he shall not leave his post or the jail without making them over as above directed. (2) The keys of wards, cells, outer gates or godowns shall not, on any pretext, whatever, be made over to any prisoner. (3) If a key is lost, the lock or locks to which it belongs must be put out of use, as they will be no longer secure, and the officer responsible shall be liable to replace them at his own expense. 96. Restriction on entry to any ward or cell at night.- No officer shall on any account enter a ward or a prisoner’s cell at night, unless, accompanied by another officer and then only in case of sickness or other emergency. 97. Jail officers to be vigilant.- (1) All Jail officers are bound to exert the utmost vigilance in the prevention of escapes and to this end, the Jailor and his subordinates shall see that all ladders, ropes, bamboos, vessels and other articles which facilitate escape are not left in any place from which they may be taken by a prisoner; (2) All Jail officers are bound to exert the utmost vigilance, the introduction into the jail and the giving to any prisoner of any tobacco, opium, ganja or other prohibited articles or any article not permitted by rule. (3) All Jail officers prevent and report any attempt at communication between prisoners and outsiders except as permitted by rule and shall report the fact when any suspicious persons are observed loitering about the jail. 98. Maintenance of order and discipline in jail.- (1) All sub-ordinate officers are bound to render all assistance in the management of the jail, the maintenance of order and discipline amongst both officers and prisoners, and the guarding and defending of the jail and all persons and property kept therein or belonging thereto against the use of criminal force by any person. (2) Sub-ordinate officers are bound to render prompt and strict obedience to all lawful orders of his superior officers and to treat all superior officers and visitors with respect. (3) Sub-ordinate officers are bound to comply with the requirements of all laws, rules, regulations, directions and orders for the time being in force regulating the duties which they are to perform and the manner in which they are to perform them. (4) Sub-ordinate officer shall take proper care of all property of whatever kind at any time entrusted to them and duly to account for the same whenever called upon so to do. 99. Liability for disciplinary action.- Every Jailor or officer of a prison sub- ordinate to him who shall be guilty of any violation of duty or willful breach or neglect of any rule or regulation or lawful order made by the competent authority or who shall withdraw from the duties of his office without permission or without having given previous notice in writing of his intention for the period of two months or who shall willfully overstay any leave granted to him or who shall engage without authority in any employment other than his prison duty, or who shall be guilty of cowardice, shall be liable for disciplinary action. 100. Departmental Punishments.- Every jailor and subordinate officer who shall be guilty of any offence shall be liable to be punished. 101. Maintenance of Warder Report Book.- (1) The jailor shall maintain a Warder Report Book in Jail Register, which may be in electronic form as specified for report against the warders or Head warders for dereliction or lapses in duty. (2) This report book along with concerned staff will be produced before the Superintendent. 102. Power to suspend.- When any subordinate officer is accused or suspected of having committed any offence and the Superintendent is of the opinion that a prima facie case against such officer has been made out and that the case cannot be adequately dealt with departmentally, he shall forthwith suspend such officer, and cause him to be brought before a magistrate having jurisdiction to enquire into or try the case. 103. Offence in which prosecution may be instituted.- For the following offences, if committed by any jail officer, a prosecution shall be instituted against the such jail officer, namely:- (a) willfully or negligently permitting an escape; (b) any offence under section 42 of the Act relating to the introduction of or supply to prisoners of, forbidden articles, unauthorized communication with the prisoners, and abetment of such offences; (c) being concerned directly or indirectly with any contract or agreement for supply for the jail or receiving any present or loan from a supplier; and (d) any serious offence punishable under the Indian Penal Code, 1860 (Central Act No. 45 of 1860) or other criminal law: Provided that the evidence is such so as to make a conviction probable and if the evidence is not sufficient for this, but is sufficient to produce a reasonable belief of the guilt of the officer in the mind of the Superintendent, he may take action disciplinary action. 104. Report to the Head of Directorate of Prisons.- No offence as mentioned in rule 105 shall be ignored, condoned or punished departmentally and the case in which a criminal prosecution is not instituted shall be reported to the Head of Directorate of Prisons. 105. Dismissal in serious cases.- Subordinate officers who commit any one or more of the following offences shall ordinarily be punished with dismissal, or in serious cases when there is sufficient evidence to obtain conviction, shall be prosecuted under sub- section (1) section 54 of the, Act namely:- (a) appearing on duty in a state of intoxication from liquor or any drug; (b) sleeping whilst on guard; (c) striking a prisoner, except in self-defence or to suppress an outbreak or unlawfully punishing any prisoner; (d) improperly entering or permitting any person to enter the female enclosure or having any improper communication with a female prisoner; (e) committing or conniving at irregularities in the supply or distribution of food; (f) employing a prisoner for private purposes; and (g) insubordination or insolence to the superior officers. 106. Entry of punishment in the Service Book.- In enquiring into and passing orders upon charges of a minor kind against a subordinate officer, it shall be sufficient for the Superintendent to record, in the service book of the such officer, the nature of the offence and the punishment awarded. 107. Power to grant leave.- The Superintendent of prisons in case of a District or Special or Temporary sub-jails is empowered to grant leave to any Head Warder or Warder of his jail. 108. Head Warder and his duties.- (1) The Head Warder is subject to general control of the Superintendent, is entrusted with the supervision of all details of the internal administration of the jail. (2) The Head Warder shall,- (i) be responsible for due observance of the provision of these rules by all officers, subordinate to him and the prisoners and it is his duty to bring to the notice of the Jailor or Superintendent any infringement of any provision of these rules by any persons; (ii) maintain a handbook in Form as specified, wherein the detailed information of prisoners admitted and released is recorded; (iii) ensure due observance of all provisions of these rules by the Waders and prisoners and bring to the attention of the Jailor or Superintendent of any infringement of the provisions of these rule by any person inside the prison which any Warder has willfully neglected to report a breach of discipline of which he is cognizant; (iv) assist the Jailor in successfully implementing all educational and correctional programmes and in enforcing all prison security measures properly; (v) be deployed on duty from morning count parade to noon count and then from 3.00pm to closing down time and check the prisoners at each change of guard; (vi) oversee preparation and distribution of meals to the prisoners; (vii) supervise the work of warders and warders deployed in the prisons and shall conduct night checking of guards and ensure that they are alert and vigilant; (viii) keep constantly moving about while on duty amongst the prisoner, supervising the work and discipline of the jail and keeping the warders and convict officer on the alert; (ix) ensure punctuality of time; quality output in expected quantities by the workers engaged in production centers and shall distribute the prisoners who are liable to labour each morning to their respective work gang; (x) cause the same name every prisoner placed in charge of any warder to be entered in the proper gang book; (xi) cause all bamboos, scantlings, poles, ladders, ropes, well gear and other articles likely to be used for, or to facilitate, the escape of any prisoner, to be removed and placed beyond the reach of the prisoners and to be kept in the places prescribed for storing and keeping the same; (xii) cause all gratings, doors and the like to be secured and satisfy himself from time to time that they are secured; (xiii) be responsible for the appearance and discipline of his warders and if any warder is found to be improperly dressed whilst on duty, it shall be reported by him to the higher officers; (xiv) assist the Jailor or Executive Officers in all routine duties and open, in the presence of the Jailor, the sleeping wards, cell and other compartment each morning and count the prisoners; (xv) supervise the use of latrine and all bath rooms and feeding parades and shall see that no dirt or litter is allowed to lie about the jail and that the drains are kept clean; (xvi) ensure that wards are clean and ventilated during day time and that bedding is properly folded and arranged; and (xvii) count the prisoners in presence of the Jailor or Deputy Jailor and search and lock up the prisoners in their respective wards, cells and other compartment at the prescribed time of each evening. 109. Manner of relieving guard.- (1) The Head Warder of the relieving guard shall, at least ten minutes before the hour fixed for relieving the guard on duty, collect the warders of the relieving guard at the main gate of the jail and at the proper time, he shall march the relieving guard of warders to their respective posts and remove the guard to be relieved. (2) While relieving the guard, the warders of gangs working outside the jail walls and Head Warder of the relieving guard shall, before removing the warders then in charge and about to be relieved, muster the prisoners and satisfy himself that the gang is complete and is made up in the manner recorded in the gang book. 110. Marching of Warders.- (1) Warders whether going on or off duty shall be marched in double file and each Warder shall be posted in the presence of both the relieving and relieved Head Warders, the relieving Warder being taken from the front and the relieved Warder falling in at the rear of the squad. (2) When the reliving process is completed, the relieved Head Warder shall march the relieved Warders outside the jail and then dismiss them. 111. Changing of gate sentries.- The Head Warder on duty shall see that the day gate sentries and gate-keepers are changed according to instructions. 112. Duty hour of the Head Warder.- (1) Every Head Warder shall ordinarily be on duty for half the day and for one watch at night and also at the opening of wards, cells and other compartments in the morning and the locking up of prisoners at night. (2) The periods of duty shall be so arranged that a Head Warder shall be present at the time of reliving of warders from duty of any kind throughout the day and night. 113. Changing of Female Warders.- At each change, the relieved and relieving female warder on duty shall, without entering the female ward enclosure, ascertain by calling out to the female warder and convict watch woman, where available, whether all the female prisoners are in safe custody. 114. Use of key-box.- The keys of the Jail shall, when not in use or in the personal custody of any officer of the Jail, be kept in the key-box at the main gate and the key of such receptacle shall be retained during day time by the Head Warder and during night by the patrolling officer for the time being on duty. 115. Use of stout chain.- Any keys which any officer may have to carry about his person, while on duty, shall be attached to his person by means of a stout chain. 116. Responsibility of Head Warders.- In the event of an escape taking place, the Head Warders shall be held primarily responsible unless it is satisfactorily proved that the escape was due to no laxity of duty on the part of the Head Warder. 117. Duties of Warder.- (1) Each warder shall have a particular duty assigned to him by the Superintendent or Jailor, such as, charge of the particular ward or set of wards or a particular workshop or set of workshops or a particular gang of prisoners inside or outside the jail. (2) The posts and duties of warders shall be frequently exchanged, so as to prevent the warders from forming permanent relations with any of the prisoners. (3) Warders in charge of workshops shall be responsible for all tools and property kept in the workshops. 118. Additional duties of Warders.- In addition to the duties elsewhere prescribed in these rules, it shall be the duty of all Warders to- (a) count the prisoners made over to them and to declare the number to the Head Warder; (b) stand or patrol whilst on duty and on no consideration he may take off his belt and lie or sit down whilst on duty; (c) know the number of prisoners in their charge and to count the prisoners frequently during their turn of duty and to satisfy themselves that they have in their custody the correct number; (d) search all prisoners of their gangs at the time they are made over to them, likewise before they give over charge of them to any other person and at such other times during their watch as may be necessary and to report the discovery of any prohibited articles from any of the prisoners in their gang; (e) prevent the use or possession of tobacco or of any drugs or possession of smoking implements or of money or unsanctioned articles of food; (f) see that the prisoner do not steal or eat grain, vegetables, berries or fruits and drink no water except that prepared and supplied for their use; (g) report all cases of idleness and short work, in case of convicts sentenced to labour; (h) prevent all loud talking, laughing, singing, playing or quarreling and other unseemly behavior; (i) see that the prisoners marched two by two when moving from one place to another and that they do not leave their proper places, or loiter about the jail; (j) see that no prisoner leaves his own enclosure without authority nor communicates with any prisoner whom he has no proper concern or with any prisoner of another class or gang; (k) see that no dirt or litter is allowed to lie about the jail, and that drains are kept clean and to report about the sweepers who neglect their work; (l) report prisoners urinating or defecating in the drains or in any place other than the places provided for the purpose and to bring to the notice of the Jailor any prisoner who goes to the latrine in work-time; (m) see that any prisoner who has to go to the latrine at unauthorized times is made over to the charge of a responsible officer whilst away from his gang; (n) see to the cleanliness of the persons, clothes, bedding, breast tickets, rings, fetters, plates and cups of the prisoners in their gangs and proper arrangement of their kits; (o) to see that the prisoners bathe only at the bathing parades and that the bedding is aired according to order; (p) bring to the notice of the Jailor or Head Warder any sign of sickness or any prisoner complaining of sickness; (q) report any plots against the jail authorities for the purpose of escaping or of assault or outbreak or of obtaining forbidden articles, and every breach of jail rules; (r) report any case of willful injury to clothing or jail property; (s) prepare prisoners for muster and for parades and to see that each prisoner comes to his proper place in proper order, behaves well and keeps silent; (t) report at once to the jailor or other responsible officer, the fact of any prisoner being missing; (u) see that no food is secreted by the prisoners, that every prisoner gets his proper allowance of food and that no prisoner gives his food to another, to report any cook who gives a short allowance or favours a prisoner by giving too much; and (v) to keep his arms and accoutrements clean and in good order and fit for immediate use. 119. Uniform of Warders.- (1) Every warder shall at all times, whilst on duty, be properly and cleanly dressed in his uniform and shall wear his belt and carry a baton. (2) The baton should be slung on the belt with a loop and button easily detached or by means of a spring clip. 120. Female Warder.- In every jail in which female prisoners are confined, there shall be female Warder. 121. Appointment of Female Warder.- The female Warder shall be appointed in accordance with the provisions of the Rajasthan Jail Subordinate Service Rules, 1998. 122. Control over female prisoners.- Subject to the general control of the Superintendent, the female warder shall have the control over female prisoners and she shall be responsible for care and superintendence over the female prisoners. 123. Search during admission of female prisoners.- (1) The female warder shall search all female prisoners on admission to the jail and remove all prohibited articles found with them and shall also examine such prisoners under the order of the Medical Officer for the record of any wounds or marks on the person. (2) Money or other property delivered with them or found on them shall be made over to the Jailor. (3) The Female Warder shall also search the female prisoners in confinement daily to prevent the retention of forbidden articles or when ordered to do so by a superior officer and the search or examination of a female prisoner shall be made only in the presence of females. 124. Presence during opening and locking up.- The Female Warder shall be present at the opening of the wards and mustering of the female prisoners in the morning of each day and shall likewise be present at locking up at night and shall see that every prisoner is present. 125. Supervision about cleanliness.- The Female Warder shall see that the wards are thoroughly cleansed and purified as soon as the prisoners turn out in the morning, at work-sheds, and all other parts of the female jail shall be swept and cleaned. 126. Allotment of tasks.- The Female Warder shall subject to the control of the Superintendent and Jailor, allot tasks to the female convicts sentenced to labour, according to the class of labour for which each is passed by the Medical Officer, and shall see that the tasks are duly performed and shall also report any convict who does not perform her task. 127. Arrangement of clothes and beddings.- The Female Warder shall see that the female prisoners are cleanly in their persons and clothes, that they have the prescribed amount of clothing; that their clothing and bedding not in use are to be properly aired, folded and arranged in the place assigned to each prisoner. 128. Proper distribution of food.- The Female Warder shall carefully supervise the distribution of food to the female prisoners, and see that each receives her proper rations and shall report to the Superintendent any instance in which the food is bad or badly cooked or is insufficient in quantity. 129. Prohibition of entry of male prisoners.- (1) The female warder shall take care that no male prisoner enters the female jail unless accompanied by an authorized jail officer. (2) The Female Warder shall report to the Superintendent or any jail officer who, without having authority to enter the female jail or who having no business therein, enters or attempts to enter such jail. 130. Female prisoner in cell.- (1) When a female prisoner is detained in a cell in the female enclosure, the female warder shall always be present in the enclosure with the cell keys in her possession, to attend to the prisoner’s wants and to prevent suicide. (2) If a female prisoner is confined in a cell at night, the female warder shall be present near the cell at suitable place. 131. Gate-Keeper.- (1) If a female prisoner is confined in a cell two senior and efficient Head Warders shall be deployed to perform the duties of gate keeper. (2) Superintendents of jails shall exercise great care in selecting the best person for this responsible duty. (3) The duties of the gate keeper shall be rotated in every three months. 132. Change of duties of gate-keepers. - (1) The gate-keeper of the first watch shall come on duty at the opening of the jail, and each gate-keeper shall remain between the gates until relieved. (2) At each change of gate-keeper, an entry of the hour of change shall be made in the gate- keeper’s registers, which may be in electronic form, by both the relieved and the relieving officers. (3) Where necessary, a second gate keeper may be deployed to assist the main gate keeper from security point of view. 133. Gate registers.- (1) The gate-keeper shall keep two gate registers, which may be in electronic form in Form as specified. (2) In one register he shall record the names of all jail officers, prisoners and other persons who pass out of or into the jail in Form as specified and in the other he shall make notes of all goods, tools or stores passed either into the jail or out of it through the gates in Form as specified. (3) The gate-keeper shall record the hour and minute of the entrance and exit of every person and thing and shall, to the best of his ability, prevent the improper removal of any property from or within the jail or the introduction of any prohibited articles into the jail premises. 134. Cleanliness at the gate and the passage.- (1) The gate- keeper shall help the Jailor or officer deputed to receive new prisoners. (2) He shall be responsible for the cleanliness of the main gates and the passage between them and all fetters and other articles placed under his charge. (3) No prisoner shall be employed in the main gate area. 135. Types of gate.- (1) The main entrance of every jail shall have a double gate with a space between the gates, in each gate, there shall be a wicket which shall have secure fastenings that can be easily closed. (2) The inner gate shall be a batten door provided with eye-holes in it to enable the gate keeper to observe any person who wishes to leave the Jail and to see that there is no large gathering of prisoners inside preparing for a rush to force open the gate. (3) The outer gate shall be an iron barred gate and all ingress and egress for ordinary purposes shall take place through the wicket doors. 136. Procedure to open and close gates.- (1) The gate-keeper shall open only one gate at a time and shall never, in any circumstances, have both gates open at once even if the person who has to pass through the gates is a high official or a prisoner. (2) The first gate through which the high official or prisoner passes shall invariably be both carefully bolted and securely locked before the second gate is opened. (3) The gate keeper who neglects the provisions of this rule shall be liable for disciplinary action. (4) The Jailor shall also be held responsible for ensuring that this rule is strictly observed. 137. Procedure of keeping keys.- The keys of the main gate shall be kept in a bunch with eight others somewhat similar to, though not exactly resembling them and shall be attached by a stout chain to the waist of the gate-keeper which shall add materially to the security of the Jail by making it difficult for prisoners to obtain the keys and to ascertain which of them shall fit the locks of the gate. 138. Handing over keys.- (1) The gate-keeper shall not allow the keys of the inner and outer main gates to pass out of his personal custody until the lock-up is completed in the evening. (2) After completion of the lock-up a second padlock shall be put upon the wicket of the inner gate. (3) The gate-keeper shall then in the presence of the Jailor make over the key of the large folding doors of the inner gate and outer gate to the head warder, who shall lock it up with other keys not required for the night in the gate key-box. (4) The gate-keeper shall also in the Jailor’s presence make over one of the keys of the inner wicket to the Head Warder who is to patrol inside the Jail and the other key of the inner wicket gate to the night duty officer or night round officer and key of the outer wicket gate, along with other keys, to the night gate sentry. 139. Articles to be kept in the passage between the main gate.- In the passage between the main gate the following articles may be kept, namely:- (a) the Jail clock; (b) the locked key box fixed to the wall; (d) fetters and handcuffs hung on the wall ready for use; (e) a standing desk for the gate-keeper’s books and writing materials; (f) a list of official and non-official visitors; (g) apparatus, if any, for extinguishing fire; (h) materials for lighting (torch, etc.) in case of night alarms; and (i) metal Detector or any other electronic gadget for searching of prisoners. 140. Procedure for passing out of prisoners.- When prisoners have to be passed out of or into the Jail, the following procedure shall invariably be followed, namely:- (a) the gate keeper shall first let them through the inner gate, and having done so he shall lock it; (b) he shall then write in full in the gate register the name of every prisoner of a gang leaving the jail; (c) the name of the warder who is in charge and the name of the convict overseer who is assisting him; (d) these entries having been carefully made, he shall open the outer gate and count the prisoners out one by one in order to see that there is no mistake in the total number entered in his register; (e) shall make note about every change in the gang and the list of the gang having once been made in the gate register need not be re-written on each occasion of the passage of those prisoners through the main gate; (f) on returning of the prisoners of the gang he shall open the outer gate, the inner one being carefully locked first, and admit them to the passage between the gates and he shall then lock the outer gate and call out the name of each prisoner, the convict overseer, and the warder, each man answering as his name is called out; (g) the gang having been found correct, he shall open the inner gate and count each man into the jail one by one, to see that there is no mistake in the total number; and (h) in no circumstances, this procedure be departed from and no prisoner shall be allowed to leave the jail unless he is in the charge of guarding personnel. 141. Prohibition for prisoners to go outside.- (1) Prisoners who are allowed to go outside the jail gate shall be specially selected by the Jailor with the sanction of the Superintendent. (2) If it comes to the knowledge of the gate-keeper that any of the prisoners are being taken out of the Jail contrary to rule, he shall make a note of the fact in his book, report it to the Jailor at once and subsequently to the Superintendent on the first opportunity. 142. Pass for outsiders.- The gate-keeper shall be furnished with a list of all officials and visitors, who are entitled to enter the jail, and on presenting themselves at the gate they shall be allowed by the gate-keeper, but the gate-keeper shall not admit outsiders without a pass from the Superintendent. 143. Searching of outsider.- (1) The gate-keeper shall be authorized to search all persons passing into or out of the jail, except those whose names are included in the list of officials and appointed visitors with which he is furnished or such persons as may be exempted by the special order of the Superintendent. (2) All officials and appointed visitors, casual visitors admitted by special order of the Superintendent, and the higher officers of the jail, shall ordinarily be exempted from being searched. (3) If there exists any reason to suspect that any person exempted from search is introducing or removing articles which ought not to be taken into or out of the Jail, the gate-keeper shall detain the person between the gates and shall give immediate notice to the jailor who shall himself search the person, but this search shall not be made in the presence of any prisoner or of another visitor. 144. Hanging of copies of special order.- A copy of the special orders passed under these rules shall be hung up in the passage between the main gates for general information. 145. Searching of prisoners.- (1) The gate keeper shall search all prisoners who pass through the gates and when the number of prisoners passing through the gates is large, the Jailor, may specially depute other warders to assist him at times when prisoners are going to or coming back from extra mural work. (2) If on searching an officer or outsider any article is found which ought not to be taken into or out of the Jail, the gate-keeper shall send immediate notice to the Jailor and if a prisoner is found to have taken any articles or brought such articles into the jail, he shall report it at the first opportunity. 146. Duties of Medical Personnel.- (1) The medical personnel shall be directly responsible for the medicare and health of prisoners and shall also ensure the maintenance of minimum standards of hygienic conditions in the prison premises. (2) The specific duties of each of the medical personnel shall be assigned by the prison authorities in the following areas, namely:- (a) preventive Service shall include examination of all inmates on admission and periodical reexamination, immediate provision of whatever treatment is indicated, immunization, segregation and treatment of those having contagious or infectious conditions, inspection and advice regarding diet, clothing, equipment, industrial safety, environmental and institutional sanitation and hygiene, health education for inmates and personnel; (b) curative services in the jail shall include treatment of diseases, dental care, treatment of skin ailments, correction of defects of sight, hearing, speech and posture, provision of artificial limbs, glass eyes, trusses and other prosthetic devices, prescription of special diets and exercise and physiotherapy; and (c) other general service which shall include hospital administration, hospital discipline, classification of prisoners, assessing work and employment potential of inmates, suggesting special precautionary measures where necessary for certain types of offenders, daily visit to prisoners under punishment, prisoners under sentence of death, inspection of kitchen, canteen provisions and supplies, medical treatment of personnel, assisting the Superintendent in matters pertaining to institutional management, liaison with local officers of medical and health departments. 147. Welfare Unit.- The welfare personnel shall primarily be concerned with the wellbeing of prisoners, undertaking individualized care for those needing institutional adjustment and responsiveness through correctional programmes. 148. Duties of welfare functionaries.- (1) The specific duties of welfare functionaries shall relate to the following areas, namely:- (a) Welfare Officer and his function; (b) Legal Officer and his functions; and (c) Counselor and his functions. (2) Welfare Officer’s functions shall include,- (a) coordinating the work of the welfare unit; (b) helping inmates in overcoming problems of institutional adjustment; (c) assisting inmates in dealing with problems faced by their families and dependents; (d) connecting correctional needs of prisoners with the resources available within and outside the prison; (e) participating in the orientation, classification and reclassification programme; (f) facilitating understanding between the inmate and administration; (g) assisting prison authorities in maintaining prison security and discipline; (h) participating in the prerelease programme and helping the inmate establish contacts useful to him after release; (i) identifying the resources for rehabilitation of prisoners; (j) looking after pre-mature release or furlough and parole leave and to report the superintendent; (k) liasioning with None Government Organizations for undertaking welfare and philanthropic activities; (l) liasioning with medical personnel for better treatment of prisoners; and (m) looking after and liasioning with teachers for educating the inmates. (3 ) Legal Officer’s functions shall include,- (a) advising prison authorities on the protection of human rights of prisoners within the limitations of imprisonment; (b) interpreting legal and procedural rights of prisoners; (c) assisting prison authorities in dealing with all prison matters pending in courts; (d) arranging free legal aid for indigent prisoners; (e) preparing petition and appeals for deserving cases; (f) assisting prison authorities in holding special courts, lok adalat and video conferencing; and (g) advising the prison administration in all matters having legal bearing including agreements, contacts, affidavits and court documents keeping prison authorities abreast with judicial pronouncements and directives on all prison matters. (4) Counselor’s functions shall include,- (a) dealing with emotional and psychological problems of inmates; (b) providing counseling to prisoners facing problems of adjustment within the prison and in relation to their families outside; (c) helping inmates develop their self image, self confidence, and motivation for correctional treatment; (d) helping the staff in understanding the problems faced by the inmates; and (e) aiding the psychiatrist in related matters. 149. Duties of Educational Personnel.- Education in prisons being an important means of reformative treatment, the Education Personnel shall offer a comprehensive programme of education to prisoners in which various educational functionaries shall perform their specific duties in the following areas, namely:- (a) conducting diversified educational programmes for health, academics, social and moral education; (b) linking prison education with mainstream education; (c) screening of newly admitted inmates for the determination of their educational aptitude, abilities and interests; (d) participation in Classification Committee’s work; (e) conducting literacy, socio-cultural and spiritual development programme; (f) arranging tests and examinations and periodically assessing educational progress of inmates, changing educational programmes when necessary; (g) maintenance of a library with sufficient reading material; and (h) providing Audio-visual facilities. 150. Duties of Technical Personnel.- (1) The Technical Personnel shall be responsible for the development of vocational training and diversified programmes of productive work as an important component of the reformative process. (2) While technically qualified and trained staff has to provide knowledge and skills for economic rehabilitation, the other technical staff shall ensure proper maintenance of the prison infrastructure. (3) Technical Personnel’s shall perform their functions in the following areas, namely:— (a) giving vocational aptitude test to inmates, interviewing and collecting data about inmates, vocational history, skills abilities and interests; (b) suggesting work and vocational training programmes for inmates; (c) preparing plans for vocational training projects; (d) imparting apprenticeship, on the job and vocational training to inmates; (e) utilizing resources of service and maintenance unit for training purposes; (f) arranging arts and handicrafts projects; (g) arranging vocational examinations for inmates; (h) training of newly admitted prisoners; (i) maintaining progress reports about the training of prisoners; (j) suggesting improvements in work methods; (k) keeping the equipments and machines in the workshop in good working condition, custody and maintenance of shops and factories; (l) ensuring safety measures in workshops and factory areas; (m) maintenance of discipline in the area under their charge, attending to emergency situations; (n) distribution of work to inmates; (o) maintaining muster rolls of inmates working in various sections; (p) supplying inmates with production tools and materials; (q) supervision over quality and quantity of production; (r) maintaining work sheets; (s) measuring tasks and apportioning wages; (t) indenting raw material from the Store Keeper, storing raw material in their charge, maintaining accounts of raw material and manufactured articles in their charge, despatch of manufactured articles to the Store Keeper, monthly checking of stores under their charge and reporting the same to the authorities concerned; and (u) preparing work plans for work-sheds under their control and forwarding them to the officer in charge. 151. Duties of maintenance staff.- Maintenance staff shall perform their functions in the following areas, namely:- (a) maintenance and repairs of prison buildings; (b) maintenance and service of machines, tools and equipment and transport; (c) maintenance and service of electric lines, plumbing facilities, water supply plant and power plant; and (d) periodical testing of emergency equipment like firefighting equipment and accident prevention measures. 152. Duties of Agricultural Personnel’s.- (1) Keeping in view, the rural background of most of the prisoners, training and development of agriculture in prisons are also very important functions. (2) The Agricultural Personnel shall be responsible for the up- gradation of their skills in this field. (3) The specific duties to be performed by the Agricultural Personnel’s are indicated as under, namely:- (a) dealing with all matters pertaining to agriculture, and horticulture; (b) distribution of agricultural work to prisoners, maintenance of muster rolls, assessing the work done and apportioning of their wages; (c) planning of training projects, imparting training to inmates in improved methods and practices of agriculture and horticulture; (d) maintaining progress reports about the training of inmates; (e) indenting of material from the Store Keeper; storing of material, maintaining account of the equipment, material and produce, monthly stock taking; (f) preparing plans for agriculture and related work; (g) security and maintenance of tools and equipments, livestock; and (h) maintenance of discipline in the area under their charge, daily inspection rounds, weekly night inspection of farms and attending to all emergency situations. 153. Ministerial Personnel’s.- (1) The duties of the Ministerial Personnel’s shall be organized in the following manner, namely:- (a) There shall be no scope for sharing their duties with prisoners; and (b) Ministerial Personnel shall be assigned with duties by the Superintendent as per the position he or she holds and as per the requirements. (2) There shall be accounts personnel or Cashier for preparation of budget, maintenance of accounts of all branches and stores, accounts and cash, daily checking of all stores and accounts registers, financial returns, periodicals and statistics, monthly stock taking of all stores. (3) There shall be Store Keeper for the purpose of remaining in charge of all stores that is, grain, provision, supplies, raw materials, accessories, manufacture articles, inmate equipments, and personnel equipments, dead stock and miscellaneous stores. CHAPTER VI ADMISSION OF PRISONERS AND PRISONERS’ HISTORY TICKET 154. Time of admission of prisoners.- (1) The Jailor shall ordinarily admit new prisoners into the jail at any time after the opening of the jail up to the hour of lock-up which takes place at sunset. (2) After the lock-up, the Jailor shall not receive any prisoner except on the special written order in addition to the warrant of the Magistrate trying the case to which such prisoner is related. (3) No newly convicted prisoner shall be admitted into the convict wards after lock-up. (4) A prisoner brought to the jail upon conviction after lock-up shall be confined in a cell for the night or in the under-trial ward. (5) Convicted prisoners may also be confined or transferred to sub-jails to undergo imprisonment. 155. Conditions for admission.- (1) No person shall be admitted in a prison as a prisoner unless accompanied by a writ, warrant or order of the competent authority. (2) There shall be a separate writ, warrant or order for every prisoner, even if two or more prisoners have been jointly charged. (3) In no case a prisoner can be detained in jail on the strength of production warrant. 156. Verification of identity of the prisoner.- (1) Before admitting a prisoner, the Deputy Jailor shall examine the warrant and by questioning the prisoner regarding his name and other particulars and by verifying the identification marks of the prisoner with those mentioned in the warrant and shall satisfy himself that he is the person referred to in the warrant. (2) In the event of a prisoner refusing to answer the Deputy Jailor or denying the accuracy or the particulars entered in the warrant, the officer on duty will request the officer in charge of the Police or Military escort to identify the prisoner on the basis of information at his disposal as the person named in the warrant and if the police officer fails to do this, the Jailor or Deputy Jailor shall refuse to admit the prisoner. 157. Procedure of Verification of Warrant.- (1) If, in any case, the Superintendent is in doubt as to the legality of any warrant or order of commitment received by him with any prisoner admitted to the prison or as to the competency of the person whose official seal and signature are affixed thereto, to pass the sentence and issue such warrant, he shall proceed in the manner herein after provided. (2) If any error or omission, which in the opinion of the Superintendent is due to mere oversight or mistake, is found in any warrant or order, or if the sentence or order passed, though within the competency of the Court which passes it, is in any way defective in form or otherwise irregular, he may receive the prisoner subject to reference to such Court, as the case may be, for orders. 158. Custody of Warrants and its arrangement.- (1) Prisoners‘ warrants shall be arranged according to dates of release and kept in monthly bundles, the warrants of prisoners to be released in a particular month shall be placed in one bundle and each bundle being docketed outside with the month and year and such bundles shall be kept in a locked drawer or almirah, the key of which shall be kept with the Jailor or Deputy Jailor. (2) Copies of judgments, orders of appellate courts and orders of government, disposing of prisoner‘s petitions, together with correspondence relating to payment of fine, classification and the other connected records shall be kept in separate file and kept with the Warrant of the prisoner to whose case they relate. 159. Examination of Warrant.- (1) All Warrants shall be examined to ascertain whether those confirm to the provisions of the Code of Criminal Procedure, 1973. Note 1: A warrant ordering imprisonment without specifying whether it is simple or rigorous imprisonment, or an undated, unsigned or unsealed warrant shall be returned for correction. Note 2: The amount of solitary confinement ordered on a warrant is dependent on the term of sentence and should not be more than what is allowed under section 73 of the Indian Penal Code, 1860. Note 3: The Superintendent of a prison shall have the power to refuse to receive or detain a prisoner in prisons on a warrant to which a signature is not affixed with a stamp. Note 4: All warrants must have been signed in full (not initials) by the judge or magistrate who issues it and must have the seal of the court. Note 5: In the case of persons, on whom separate sentences are passed, care must be taken to state the dates from which each sentence is to have effect in the warrant of commitment. Note 6: In the case of under-trial prisoners, the warrant of commitment for intermediate custody should be prepared with the greatest care possible with reference to the above instructions. Note 7: The Superintendent of a prison shall not refuse to admit a person where the above instructions have not been carried out, but he should draw the immediate attention of the magistrate concerned to the defect, and ask for its rectification at once. Note 8: Warrants for the release or remission of sentences of prisoners confined in prison and for the release of prisoners on bail and intimations of payment of fines sent to prison authorities should always be prepared in the Hindi by the officer issuing the order and should be signed in full by such officer and sealed with the seal of his court and shall be sent to the prison authorities through an official messenger of the court or through the agency of the post or through online mode and not through the friends or relatives of prisoners. Note 9: There should be a separate warrant or notice for every prisoner even if two or more prisoners have been jointly charged or convicted. (2) When a Warrant is returned for correction, a copy shall be retained in the appropriate compartment of the warrant almirah until the original is returned. (3) When an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution or the competency of the person whose official seal and signature are affixed thereto to pass the sentence and issue such warrant or order, he shall refer the matter to the concerned court. (4) After making necessary entries in the admission register and release diary and on completion of the procedure mentioned in the foregoing rules, which most ordinarily be effected within the day following the admission of the prisoner, the Jailor shall bring these register and prisoners with their warrants before the Superintendent, who shall satisfy himself that the entries (which he shall initial,) are correct and that the provisions of the rules have been carried out. (5) The list of every prisoner’s property on his warrant shall be read over to him in presence of the Jailor or Superintendent and if the prisoner acknowledges it to be correct, the Superintendent shall initial the entry. (6) The Superintendent shall also at the same time write any special order regarding treatment of any prisoner that may be necessary in his history ticket. 160. Checking of prisoner's property.- The concerned prison officer shall carefully examine the property of the prisoners at the time of admission which shall be recorded in the relevant register with the acknowledgement of the prisoner and at the same time be noted in the Admission Register, which may be in electronic form. 161. Washing of prisoner and his clothing.- (1) On admission to prison every prisoner shall be required to wash his person and his clothing thoroughly and washing of female Prisoners and her clothing shall be conducted in the female yard. (2) If an epidemic disease exists in the neighborhood from which he comes, his clothing shall also be disinfected and in such cases special care shall also be taken to cleanse the prisoner's person. 162. Search of prisoners on admission.- (1) Prisoners shall be thoroughly searched by the prison official at the time of admission. Female prisoners shall be searched by female staff in a closed room. (2) Searches of prisoners shall be made with due regard to decency and with reasonable privacy. 163. Removal of articles from prisoners.- (1) During the search, every article, whether clothing, bedding, jewellery, money, documents or otherwise, shall be taken away from the prisoners. (2) From under trial prisoners every article be taken away except personal clothing. 164. Reception Ward.- (1) Prisoners, on first admission to prison shall be kept in a separate reception ward until the initial formalities for his placement in the prison are completed. (2) Following procedure shall be adopted on the admission of the prisoners, namely:- (a) hair cutting and shaving, issue of soap and disinfecting lotion; (b) disinfection and storing of prisoners' personal clothes and other personal items; (c) issue of disinfected prison clothing, bedding and utensils; (d) issue of authorized personal belongings and housing as per the principles of basic segregation; (e) a thorough medical examination within twenty four hours; (f) attending to immediate and urgent needs of prisoners, like letters, interviews, family welfare or any other immediate personal problems; (g) verification by the Jailor or Deputy Jailor in charge of admission of committal papers, identification marks, entries in registers, prisoners' cash property, appeal and other legal matters; (h) finger print and photograph; and (i) identification of drug addicts. 165. Medical examination of prisoners.- (1) The weight of prisoners on admission shall be taken in the presence of the Medical Officer and be verified by him. (2) If the Medical Officer is not present when prisoners are admitted to prison, they shall be weighed by the Medical Subordinate during admission, if possible and in any case not later than the next morning. (3) The Medical Officer shall carefully examine the prisoner and shall himself record health screening on admission. (4) The Medical Officer shall also supervise the entry of the prisoners’ identification marks, which may be noted by the Medical Subordinate. (5) Medical Examination of prisoners shall be made with due regard to decency and with reasonable privacy. 166. Determination of age of the prisoner.- If a prisoner looks younger than his or her age, the matter shall be referred back to the court concerned after due medical examination on the determination of his or her age for further directions, as no juvenile shall be kept in prison in any case and they are sent to the juvenile institution es t ab l i shed under the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act No. 2 of 2016). 167. Sick or injured prisoners.- All prisoners shall be seen immediately after admission by the medical subordinate and if anyone is found sick or suffering from injuries, wounds or other marks of violence, a note of his general condition, prominent symptoms or in case of injury, the number, situation, size, character and nature of the injury, wounds or bruises shall at once be made in the Admission Register. 168. Precaution in case of epidemics in jail.- (1) If there is an observation or segregation ward for new admissions, the new arrivals shall be located there until the Medical Officer directs that they shall be placed with other prisoners. (2) If any epidemic is prevalent and accommodation for new admission as provided outside the jail, prisoners shall not be admitted within the jail till orders have been given by the Medical Officer, for their admission and such prisoners shall at once be provided with necessary bedding and protection from cold. (3) Prisoners on first admission to jail shall at the discretion of the Medical Officer, be kept in quarantine for such period as may in his opinion be necessary. (4) All newly admitted prisoners shall be brought before the Medical Officer usually on the morning following their admission and he shall then make or cause to be made in the admission register and prisoner’s history ticket, a record in respect of each prisoner of his or her age, health on admission with such particulars or previous illness as may be known to him, weight on admission, any marks of wounds on the person and in the case of prisoners sentenced to rigorous imprisonment, the class of labour for which the prisoner is fit with any other observation he may find necessary. 169. Record of date of release.- (1) In the case of convicts, the date on which the sentence will expire shall be entered in the Convict Register, which may be in electronic form. (2) If the convicts are under sentence for less than three months, an entry of his number shall be made in the release diary to be released under that date, but if the sentence is for three months or more, the date of expiry shall be entered on his Remission Sheet. (3) At the same time, the prisoners’ register number, name, sentence, date of sentence and date of release shall be endorsed on his warrant and the endorsement shall be signed by the Competent Officer after examination and comparison with the body of the warrant and with the entries in the Convict Register. (4) In cases where imprisonment is awarded in default of payment of fine, the alternative dates of release shall both be included in the endorsement on the warrant, in the Convict Register, release diary and Remission Sheet. 170. Certification of Appropriate Class of Labour.- In the case of convicts sentenced to rigorous imprisonment or imprisonment for life, the Medical Officer shall enter the class of labour on which he shall be employed in the appropriate column of the Convict Register and History Ticket and a corresponding entry shall also be made in the History Ticket of the convict. 171. Orientation.- (1) Every newly admitted prisoner shall be subjected to a programme of orientation so as to inform him about the rules and regulations. (2) His rights and duties as a prisoner shall be clearly displayed at conspicuous parts of the prison and explained to him in a language he understands. (3) A general assessment of his background and needs shall also be made by the officials to decide the appropriate placement within the prison. 172. History Ticket.- (1) Every prisoner shall immediately on his admission in jail, a History Ticket shall be prepared in form specified in which, besides the information required by the heading, shall be recorded at the time, and in chronological sequence, every occurrence of importance in the jail life of such prisoner and every order specially related to him. (2) Every entry in the History Ticket shall be dated and initialed by the officer who makes it and no convict shall be allowed to make any entry in the History Ticket. 173. Entries in the History Ticket.- (1) The duty of preparing and maintaining History Tickets correctly shall devolve on the Jailor (or other officer specially deputed by the Superintendent) who shall be responsible that all entries, other than those to be made by the Superintendent and medical authorities are duly and correctly made under the initial of the entering officer. (2) The Jailor shall bring to the notice of the officer concerned any irregularity or omission of any entry on any History Ticket and shall, if necessary, report the matter to the Superintendent. 174. Contents of the History Ticket.- Every History Ticket shall contain the following particulars, namely:- (a) The name, prisoner number and other particulars necessary for the identification of the prisoner; (b) A brief entry of every order passed and direction given relating to, and punishment inflicted on, the prisoner; (c) A brief record of every other occurrence of any importance, affecting the prisoner, which takes place while he remains in confinement; and (d) The History Ticket of every convict shall also contain,- (i) the nature of the offence of which he has been convicted and the provision of the law applicable thereto, and (ii) the date, nature and extent of the sentence passed. 175. Subsequent entries in the History Ticket.- Subsequent entries in the History Ticket shall be made at the time of, or as soon as possible after, the occurrence of the event to which it relates and shall be dated and signed by the officer who makes it. 176. Duplicate History Ticket.- (1) A duplicate History Ticket shall be issued when original history ticket is lost and the new History Ticket shall be marked duplicate and shall be signed by competent authority. (2) The History Ticket shall be reconstructed by registering all previous entries. 177. Entries by Medical Officer in History Tickets.- (1) The Medical Officer shall himself record or cause to be recorded under his instructions in the heading of the History Ticket of each prisoner, the prisoner’s age, height and weight on admission, his state of health, the class of labour for which the prisoner is fit if sentenced to rigorous imprisonment and whether he has been protected by vaccination. (2) The Medical Officer shall also subsequently enter or cause to be entered on the History Ticket the fact of vaccination having been performed in jail and the result, admission into and discharge from hospital on every occasion, with the disease for which admitted and any special instructions for the treatment of the prisoner, change of work or food, etc. other than matters for which either he, himself, or his medical subordinate are solely responsible. (3) On discharge of a prisoner from hospital or the convalescent or special gangs he shall invariably enter whether the prisoner shall be reverted to his original work and task, or whether some other work and task should be allotted to him. (4) The Medical Officer shall also see that fortnightly weightments are duly recorded on the History Tickets and he shall record the necessity or otherwise for segregation, the physical fitness for labour of every simple imprisonment prisoner who volunteers to labour, the physical fitness for punishment of any prisoner awarded a punishment requiring a preliminary medical certificate, fitness for judicial solitary confinement, every order for cutting the hair of any female or other prisoner on account of vermin or disease. (5) The Medical Officer may enter such other directions or recommendations, as he may from time to time consider necessary, for the maintenance of the health of the prisoner. 178. Entry by the Medical Sub-ordinate.- (1) The Medical subordinate shall, in addition to any entries made under above rule, record every visit to, and detention in hospital under observation of any prisoner together with the nature of the complaint and the fact of the administration of medicine, he shall also enter in a prisoner’s History Ticket any special recommendation regarding his treatment he may have to make, but unless the matter is urgent, he shall submit it to the Medical Officer for confirmation. (2) The Medical Subordinate shall, together with the Deputy Jailor or Medical Subordinate, if deputed to assist him in weighing the prisoners, enter the fortnightly weightments of every prisoner in his History Ticket. 179. Particulars to be entered in the History Ticket and the officers to enter them.- (1) Following particulars are required to be entered in the History Ticket, namely:- (a) the date of admission into prison; (b) the number and name of every article of clothing and equipment issued on admission and later; (c) the particular work and task in weight, number or measurement, to which the prisoner is put; (d) every change of work or task for reasons other than medical; (e) any complaint made by the prisoner of sickness or report of his sickness; (f) the action taken on any direction or recommendation of the Medical Officer or Medical Subordinate; (g) application for a copy of judgment, if the prisoner desires to appeal; (h) receipt of the copy of judgment; (i) despatch of appeal; (j) substance of the order of the appellate court; (k) the fact of an appeal not having been made before the expiration of the term allowed for appealing; (l) the amount of remission awarded quarterly; (m) the total remission in days earned up to the end of each quarter; (n) every prison offence alleged to have been committed; (o) every interview allowed and the receipt or despatch of private letters; (p) despatch to a court, or transfer, discharge, escape or death; (q) any recommendation of the workshop supervisory staff or the Jailor; (r) action taken on any order entered by the Superintendent; (s) the fortnightly or weekly measurement of weight; (t) the number of cells in which placed on account of warrant confinement; and (u) the total confinement undergone on warrant on each occasion of removal. (2) Entries regarding clause (a), (b), (e), (g) to (p), (t) and (u) mentioned above may be made by the Jailor or Deputy Jailor. (3) The quarterly amount of remission mentioned in clause (l) may be entered by the Jailor and Prison Welfare Officer or any other officer authorized to award remission and clause (f) by the Medical Officer or by an Deputy Jailor or Medical Subordinate relating to hospital admission. (4) The Task mentioned in clause (c) shall be entered by the Task Taker, when there is not an officer of this grade, it shall be entered by the Deputy Jailor, but in large jails a portion of the duty may, under the orders of the Superintendent, be performed by the Jailor. (5) The duty of making entries regarding clause (d), (f) and (r) shall not be delegated to any officer subordinate to the Jailor. (6) The duty of making entries regarding clause (s) shall be made by the Pharmacist. 180. Entries to be made by the Superintendent.- On the History Ticket of every convict, the Superintendent shall record,- (a) any special order he may have to give related to any prisoner, e.g. the imposition or removal of fetters, permission to hold an interview or write a letter, separation by night; (b) the award of every punishment; (c) sanction for employment on extra mural work; (d) promotion to the grade of Convict-watchman, Convict overseer; and (e) the award of special remission. 181. Custody and management of History Tickets.- (1) The History Ticket of each prisoner shall be kept in a proper receptacle by the Jailor in whose charge the prisoner is placed and shall be produced by him whenever required by any officer of the prison or superior Prison officer. (2) The History Ticket shall be carried with the prisoner whenever he is transferred from one group to another or from one kind of work to another or is sent to a hospital. (3) At the weekly parades, each prisoner shall hold his History Ticket in his hand for inspection. (4) The History Ticket shall be produced, with the prisoner, whenever he is reported for an offence or is brought before the Superintendent or Medical Officer for any reason or when remission is awarded. 182. Retention of History Ticket after release or death.- The History Ticket of every prisoner shall be retained in safe custody,- (a) in the event of his escape, for three years; (b) the event of his release, for two years; (c) in the event of his death, for two years after it occurs; and (d) in the event of release on bail, for a year or after the result of appeal is known. 183. Register.- (1) There shall be an Admission Register, which may be in electronic form in the specified format, for all prisoners admitted to the prison. (2) The admission register shall contain basic description of the prisoners in terms of name, parentage, home address, legal status, date of admission and committal courts. (3) This register shall be maintained by the Jailor/Deputy Jailor or equivalent in prescribed form and the entries in this register shall be numbered serially. 184. Identification through registered number.- (1) The register number shall be the means of identifying the prisoner. (2) A fresh number shall be given on every transfer to another prison. (3) The articles of clothing and bedding of each prisoner sentenced to rigorous imprisonment for life shall be marked with his number and in all official communications the number shall precede the name. (4) If a prisoner has to undergo two or more sentences under different warrants, it shall not be necessary to re-enter his name in the convict register on the expiry of one sentence or to give him another number. (5) However, every prisoner shall be called by his name and not by his number in the register. 185. Serial Number of prisoner.- (1) Every prisoner shall receive a serial number corresponding with the entry relating to him in the admission register, and this register number shall be his distinguishing mark whilst in the jail. (2)The series number in each jail shall run from one to ten thousand. (3) The prisoner’s number and a letter signifying his class shall invariably precede his name when he is referred to any official communication. (4) In the descriptive roll the father’s name shall invariably be added. 186. Other details to be recorded.- (1) In the admission register shall be recorded, for the purpose of the Identification, a full personal description of every prisoner, giving a general account of his physiognomy, complexion and habit of body and a note of any special marks on his person. (2) The personal description shall be entered by the Medical Officer or Medical Subordinate. CHAPTER VII CLASSIFICATION AND SEPARATION OF PRISONERS. 187. Classification of Prisoners.- Prisoners shall be classified in following classes and, shall be kept entirely separate from each others, namely:- (a) Civil prisoners; (b) Under-trial prisoners; (e) Male convicted prisoners; (f) Male Young offender within the age of 18 to 21; (i) High Security Prisoners; (k) Detenue; (l) Geriatric and infirmed prisoners; (m) Transgender prisoners; and Note: “Political prisoners” means prisoners sentenced for offences connected with political movements. 188. Separation of Transgender prisoners.- (1) The Transgender prisoners shall be kept exclusively in separate enclosure. (2) The rules regarding supply of clothing, food etc. shall be applicable as in case of Under-trial or Convicted Prisoners. 189. Test Identification Parade.- (1) The competent court may authorize holding of Test Identification Parade of prisoners. (2) The Test Identification Parade shall be held as per the provisions of Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). (3) The Superintendent should extend all facilities, as may be required by the conducting officer, for holding such parades without detriment to the administration. 190. Particulars of re-conviction.- Particulars of all re-convictions shall be recorded in Admission Register of convicted criminal prisoners in the specified Form. CHAPTER VIII UNDER-TRIAL PRISONERS AND YOUNG OFFENDERS 191. Classification of under-trial prisoners.- (1) The classification of under-trial prisoners shall be done only on the basis of security, discipline and institutional programme. (2) No classification on the basis of social status shall be attempted. (3) The entitlement of diet, clothing, bedding and interview shall be the same as applicable to other categories of prisoners. (4) Under-trial prisoners shall be classified as mentioned below:- Category–1 Radicalisatist, Naxalite, extremists and terrorists or any other individual characteristics warranting confinement in Security Category-2 Gangsters, hired Assassins, dacoits, serial killers or rapists or violent robbers, drug offenders, habitual grave offenders or communal fanatics and those highly prone to escapes or previous escapees or attacker on police or prison personnel and other dangerous offenders including those prone to self-harm or posing threat to public order, warranting confinement in Security Zone-2. Category-3 Those who do not pose any threat to the society, upon release, like those involved in murders on personal motives, other bodily offences, theft or property offences, prohibition offences, offences relating to other special and local laws, railway offences and other minor offences. Note: (a) Persons suffering from mental ailments and young offenders shall be lodged separately. (b) Courts shall send intimation to prison authorities about under trial prisoners who have turned approvers or have made confessions. (c) An accused person detained under sub-section (2) of section 122 of the Code of Criminal Procedure, 1973 must be treated as an under trial prisoner until his case has been decided by the Sessions Court or High Court. 192. Period of detention.- A court may order an accused person to be detained in or remanded to custody in Jail: Provided that except in case of person committed for trial at a competent court, no person shall be ordered to be detained in or remanded to jail for a period exceeding fifteen days at a time: Provided further that every such order made by a court other than a High Court shall be in writing signed by the presiding judge or magistrate. Note: Accused person so confined in the jail shall be referred to in these rules as under-trial prisoner. 193. Separate accommodation for under-trial prisoners.- (1) There shall be separate accommodation for under trial prisoners, both male and female and arrangements shall be made where male under trial prisoner between the age group of 18 to 21 years are confined separately from other prisoners. (2) The under-trial wards shall be strictly segregated from the rest of the jail and if there are separate compartment in it, under-trial prisoners who are known to be habitual prisoners shall be kept separated from adults and prisoners committed to sessions from those charged with minor offences as far as possible. (3) The under-trials accused of offences connected with political movements shall be kept apart from those not so accused. (4) The Jailor shall be in charge of all work pertaining to under-trial prisoners. 194. Food for under-trial prisoner.- (1) If an under-trial prisoner has not been in the prison previously, it is the duty of the police, or the military escort officer, as the case may be, to see that the under-trial prisoner is given food before he is taken to the prison, if he is likely to arrive there too late for the prison meal. (2) If the police or military escort reports that the under-trial prisoner has not been supplied with food, prison authorities should make necessary arrangements for the issue of food to him. (3) In case the under trial prisoner is admitted after the prison meals have been served, or after lock-up, food stuff like parched rice, parched gram, groundnuts, etc., should be issued to him as per prescribed scale. 195. Admission hours.- (1) Under-trial prisoners shall be admitted during usual working hours of the prison. (2) After lock-up, under-trial prisoners shall be admitted to the prison on the strength of night warrant issued by the concerned court. (3) Prisoners received after the lock-up hour should be confined in a separate place specially earmarked for such purpose. (4) While under-trial prisoners are being escorted, care should be taken to see that they reach the destination before the lock-up hour. (5) If under-trial prisoners are likely to reach the destination after lock-up hour, the transferring prison or the police or military escort as the case may be, shall send sufficient advance intimation to the prison where the under-trial prisoners are being escorted. (6) Except as specifically provided in the following rules relating to the admission, search, release, and property of prisoners shall also apply to under-trial prisoner’s. (7) Except in the case of prisoners committed to sessions, on every warrant shall state, the day on which the prisoner shall be brought up before the Magistrate or other officer issuing the warrant. (8) In session cases, when the date is fixed for production of a prisoner, it should be endorsed by the Jailor or Deputy Jailor on the warrant and prisoner’s history ticket and the prisoner shall be duly informed of the date fixed for holding of the sessions, so that he may make all needful arrangement for conduct of his defense. (9) The number and name of every under-trial prisoners may be entered in the paishi register relating to the date on which each is to be produced in the court but in jails where large numbers are kept under detention, it will be more convenient to keep the warrant in a special almirah having a pigeon hole of each day of the month. 196. Particulars about under-trial prisoners.- (1) Particulars of all under-trial prisoners together with particulars of property brought to the jail shall be entered in the Register of under-trial prisoners in specified Form. (2) Every under-trial prisoner shall be furnished with a history ticket showing his name date when first placed on trial, date of admission to the jail, crime of which accused, previous convictions, if any are known, court in which the case is pending, whether he is a confessing prisoner or not, dates to which his trial has been remanded, weight on admission and weight subsequently once a fortnight. (3) Any marks of wounds or bruises shall be carefully recorded on the history ticket together with the prisoner’s statement concerning them and such ticket shall always be shown to an inspecting officer. 197. Approvers.- (1) When an under-trial prisoner has been admitted by the court as an approver or a confessing accused, he shall be kept separate from others concerned in the same case. (2) Where there are separate cells or compartment in the under- trial ward, these shall be utilized for the purpose. (3) If there is no separate compartment, such prisoners may be kept in separate cells by day and in separate wards by night, but care shall be taken that they are not kept in solitary confinement. 198. Special direction for separation.- (1) Any special direction as to the separation of an under-trial prisoner given by the competent court must be carried out. (2) Such separation should be unaccompanied by any irksome condition beyond those necessary to secure the object in view, namely, to prevent him from communicating directly or indirectly with other prisoners concerned in the same or other case. 199. Appearance during Test Identification Parade.- (1) Under- trial prisoners shall not be allowed to cut or shave their hair on their heads or faces or in any way to alter their personal appearance, so as to make it difficult to recognize them. (2) They shall not, however, be prevented from changing their clothes: Provided that their appearance is not materially altered when they are presented for identification in the prison or when sent to court for trial. 200. Intimation by the Police to the prison authority.- The police officer shall give intimation to prison authorities of cases in which identification of under trial prisoner is to be carried out and shall give full description of growth of hair, moustache and beard, which the under-trial prisoners had at the time of arrest. 201. Police interrogation.- (1) Only such police officers as have been authorized by the Judge or Magistrate, shall be allowed to interrogate an under-trial prisoner while in prison. (2) Such interrogation shall be held in the presence and within the hearing of a prison officer. 202. Facilities for the under-trial prisoners.- The following facilities shall be extended to all under trial prisoners, namely:- (a) legal aid; (b) interviews with lawyers or family members (for legal purposes); (c) Signing Vakalatnama and bail bond; (d) delegation of power of attorney; (e) execution of will; (f) Essential religious necessities as per rules; (g) applications to courts for legal aid as per provisions of law; (h) other applications to courts; and (i) such other facilities as are sanctioned by the Government from time to time must be extended to the under-trial prisoners. 203. Supply of necessities.- The ward for under-trial prisoners shall be under the charge of a warder and shall, at the regular intervals, be visited by the gangs employed in sweeping, supplying water and giving food, under custody of jail official, who shall prevent their holding communication with any of the prisoners under-trial and except in such circumstances, no convicted prisoner shall be allowed to enter the ward. 204. Food, clothing and bedding.- No part of any food, clothing, bedding or other necessaries belonging to any under-trial prisoner shall be given, hired or sold to any other prisoner, and any prisoner transgressing the provisions of this rule shall lose the privilege of receiving it from private sources for such time as the Superintendent thinks proper. 205. Purchase and supply of food, clothing and beddings.- (1) Every under-trial prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing (not being prison clothing) and bedding as may be necessary. (2) All purchases or supplies of food, clothing, bedding, or other necessaries shall be made through the Jailor, subject to the Superintendent’s sanction, and shall be examined by the Jailor before delivery to an under-trial prisoner. (3) Nothing deleterious to health and no drugs or intoxicating substance shall be allowed. (4) Food supplied from private sources shall be examined by the jailor and by the medical subordinates, who shall report to the Superintendent if it contains anything prohibited or deleterious to health. (5) If any prohibited article is found concealed in any food or other things supplied to an under-trial prisoner, such food or thing shall be confiscated and the privileges accorded by the above rule shall be withdrawn. (6) What are prohibited articles and applies to under-trial prisoners are mentioned in Chapter XVII. (7) The Superintendent may refuse to allow the purchase for, or delivery to, an under-trial prisoner anything which he considers to be unnecessary or unsuitable. 206. Conditions for allowing outside food.- (1) Food from outside may be allowed subject to the following conditions, namely:- (a) A written undertaking shall be given by the under trial prisoner and the supplier of food that they are entirely responsible for the wholesomeness of such food and that prison administration shall not be responsible for any mishap that may happen; (b) Food for only one day's requirement of the under-trial prisoner shall be allowed at one time; (c) Food articles shall be tasted by the person who delivers the food; (d) The food shall be delivered at hours prescribed by the prison authorities; (e) Food shall be eaten in the prescribed area and during prescribed hours only; (f) During emergencies or epidemics or for reasons of health of the under-trial prisoner, outside food may be disallowed; and (g) The Superintendent has the authority to disallow or discontinue this concession at any time. (2) Prisoners allowed to receive outside food, shall not be given prison food. (3) Under trial prisoners shall not be allowed to cook their food separately in the prison. 207. Conditions for allowing private clothing.- (1) Usual private clothing to meet reasonable requirements shall be allowed to under trial prisoners. (2) Such articles of clothing as will affect the security requirements of the institution shall not be allowed. (3) An under-trial prisoner who has no sufficient clothing of his own may be provided with the same at Government cost at the prescribed scale. (4) Such clothing may be allowed to be retained by the under- trial prisoner even after his release. (5) Private articles bearing marks or symbols of political affiliations shall not be allowed to be kept or used by under-trial prisoners. 208. Conditions for sending letters.- (1) On the initial admission of a prisoner, a printed card shall be sent at Government cost to his family. The card shall contain information on the following points, namely:- (a) the inmate’s institutional number; (b) the inmate’s address; and (c) brief summary of the rules regarding interviews. (2) Two letters per calendar month at Government cost, shall be allowed to be written by an under trial prisoner. (3) Additional letters for legal purposes such as arranging defense, bail, and security may be allowed normally at the prisoner's own cost. 209. Purchase from prison canteen.- Under trial prisoners may be allowed to purchase from the prison canteen, a reasonable supply of stationery, writing materials and sundry articles which shall be marked and serially numbered by the prison authorities. 210. Production before court.- (1) The names of all prisoners to be produced each day before the Magistrate must be entered in the Peshi-Register by the Jailor, whose duty to ensure the punctual attendance of prisoners in the court on the day fixed. (2) For extension of detention in custody, the prisoner may be produced before the court either in person or through electronic media like, video-conferencing. Note: Before under-trial prisoners are sent to the court, the usual morning meals shall be served and arrangement shall be made to enable them to have their meal when they return to jail. 211. Requisition of escort.- (1) On the basis of the Peshi-Register, requisition for police escort shall be sent sufficiently in advance. (2) Information about women, adolescent, under trial prisoners and as far as possible about violent, dangerous and notorious under-trial prisoners should be sent to the police authorities while requisitioning the escort. 212. Sick prisoners.- If an under trial prisoner is sick and the Medical Officer certifies the prisoners inability to attend the court, he shall not be produced before the court and in such an event, the medical certificate shall be forwarded to the court. 213. Articles allowed to be taken while going to the court.- (1) While going to the court, the under trial prisoner shall return all prison articles issued to him. (2) Except clothes on his person and papers pertaining to his case, the under-trial prisoner shall not be allowed to carry any other articles with him. (3) In case the under-trial prisoner wants to take his cash for legal purposes, the same shall be forwarded through the police escort. (4) This amount may be utilized by the under-trial prisoner for the purpose like legal defense, cost of copies, etc. (5) The disposal of this amount shall be certified by the police and the prisoner in the appropriate column of the register prescribed for such purpose. (6) Under no circumstances, shall the under-trial prisoner be allowed to carry cash or valuable, if any, on his person. 214. Search of under-trial prisoners.- Before being sent to the court, and after having been received back from the court, all under- trial prisoners shall be thoroughly searched. 215. Transport of under trial prisoners.- (1) For transporting under trial prisoners to and from the court and other destinations, necessary arrangements for conveyance shall be made by the police authorities. (2) If a separate conveyance is not provided for women and adolescent under trial prisoners, the common conveyance must have separate compartments for women and adolescent under- trial prisoners. (3) Female police escort shall be necessary for transfer of female prisoner from one destination to other and also for production before the court. 216. Handcuffing.- (1) Ordinarily Handcuffing shall be resorted only when there is no other reasonable way of preventing escape of the prisoner, in the given circumstances. (2) The following categories of under trial prisoners may be handcuffed or restrained for reasons recorded in writing and with previous approval of the concerned court, namely:- (a) prisoners involved in serious and violent offences; (b) prisoners having notorious or dangerous background; (c) Violent, aggressive and refractory prisoners; and (d) prisoners who have previously escaped. (3) Handcuffing of under-trial prisoners may be done in the court premises with the permission of the court. 217. No forceful handcuffing.- (1) No handcuff or other fetters shall be forced on a prisoner convicted or under trial while lodged in a jail anyw here in the State or while transporting or in transit from one jail to another or from jail to Court and back as per the provisions of the notification mentioned in the note below. (2) The jail authorities, in the State, on their own, shall have no authority to direct handcuffing of any inmate of a jail or during their transport from one jail to another or from jail to Court and back: Provided that where imposition of handcuffs or fetters to any particular prisoner is thought expedient in the exigency of the case, special orders from the concerned Magistrate shall be obtained before imposition of the same. 218. Interview in Court Premises.- (1) Only under the written orders of the court, the under trial prisoners may be granted permission for interviews for legal purposes by the officers in charge of police escort in the court premises. (2) Proper record of such interviews shall be maintained at the courts concerned and intimation sent to prison authorities. 219. Prohibition to receive cash or valuables.- (1) Under trial prisoners shall not be allowed directly to receive any cash or valuable articles while under escort or while on the court premises. (2) Such cash or articles as mentioned in sub-rule (1) shall be deposited in the prison office under intimation to the under-trial prisoner and credited in prisoners property register under proper authorization. 220. Prohibition to receive eatables.- The police escort shall not allow any eatables or prohibited articles to the under trial prisoners during their journey between the court and the prison or in the court premises. 221. Search before taken to the court room.- Under-trial prisoners shall be thoroughly searched before being taken into the court-room. 222. Return to the prison.- As soon as the court work is over, such under-trial prisoners as have been remanded to prison custody shall be brought back to the prison. 223. Search before entry to the prison.- (1) On return of an under-trial prisoner from the court to the prison gate, if any unauthorized article is found or a special circumstance or an irregularity is noted by the prison officer on duty, he shall forthwith report the matter to the Superintendent and if necessary, to the District Superintendent of Police or Deputy Commissioner of Police for taking action. (2) The cash as is brought by the police escort should be recorded in the register and deposited in the prison office under intimation to the under-trial prisoner. 224. Expenditure to be borne by the concerned district police office.- (1) The expenditure incurred during the conveyance of under trial prisoner to and from the courts or from one district to another, shall be paid by the concerned district police office. (2) Subsistence allowance, if allowed, shall be paid to the under trial prisoner as per the scale fixed by the Government. 225. Production of under-trial prisoners in other States.- (1) When an under trial prisoner is required to be sent to another State for trial, the State from where the under trial prisoner is sent shall arrange for the escort. (2) Travel and other incidental expenses of the escort of the under trial prisoner shall be borne by the requisitioning State. 226. Production of under-trial prisoners before court in a proceeding of civil suit.- Unless ordered by the competent court, no under-trial prisoner shall be produced before court in a proceeding of civil suit. 227. Steps to be taken in case of pendency of Additional Cases.- When additional case or cases are pending against a prisoner, the following action shall be taken, namely:- (a) entries of additional cases in red ink on the Remand Warrant in appropriate columns of under-trial register and court diary shall be made; (b) intimation to the court or courts concerned about pending cases stating whether the prisoner is on bail or not in connection with that case or those cases shall be sent; and (c) intimation to police escort shall be sent regarding pending of other charges during the time of made over. 228. Separate Remand Warrant.- (1) When an under-trial prisoner is wanted for trial in another case or cases for which he is not on bail, the court concerned shall issue separate Remand Warrants. (2) In the event of grant of bail in the other case or cases, due intimation shall be sent by the courts to the prison authorities. (3) When an under-trial prisoner confined in a prison is required for another case or cases for which he is on bail, the court concerned shall duly intimate the prison authorities. (4) In the case of an under-trial prisoner having two cases pending against him, for which he is not on bail, an endorsement in red ink shall be made each time he is sent to the court. 229. Discipline.- (1) No convicted prisoner shall be kept in the same area in which under trial prisoners are kept or be allowed to have contact with under-trial prisoners. (2) Except prisoners working in essential prison services like conservancy, etc. no convicted prisoner shall be allowed to enter the under trial yard or block. (3) As soon as the work is over, these prisoners should be withdrawn from the yard or block. (4) In all matters where under trial prisoners are concerned, no convicted prisoner shall be used for supervision or for similar purpose and all such matters shall be handled by staff members. 230. Attempt to escape.- An under trial prisoner attempting to escape shall be brought before a competent magistrate for trial under section 224 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) without delay. 231. Works performed by the under-trial prisoner.- (1) Under trial prisoners shall clean the yards, barracks and cells where they are kept and shall be detailed for this work. (2) Such work may be allotted on a group basis, so that through the cumulative work of all the under-trial prisoners, the yards, barracks, cells will get cleaned up. (3) It will also be incumbent on all under trial prisoners to keep their own clothing, bedding and equipment properly washed, cleaned, and disinfected. 232. Wages payable for the works.- If under trial prisoner volunteers to work, suitable work, if possible, be given to them and wages may be paid to them according to schedules of standard tasks and wages, as fixed by the Government. 233. Prohibition on extramural works.- Employment of under trial prisoners on extramural work is strictly prohibited and in no case, the under trial prisoners shall be employed outside their own enclosure or in work-sheds and areas where other convicted prisoners are working. No work of a degrading character shall be exacted from any un- convicted criminal prisoners. 234. Transfer of under-trial prisoners.- During emergency or on administrative grounds, the Head of Directorate of Prisons is authorized to transfer under trial prisoners from one prison to another within the State. 235. Transfer from one state to another.- If an under trial prisoner is required for production before a court of other state after disposal of the cases in the local court, the court concerned may be requested to arrange for production of the said under trial prisoner in his court by the Superintendent. 236. Serious illness of under trial prisoner.- (1) In every case when an under trial prisoner is so seriously ill as to be likely to die, the Superintendent shall report the circumstances to the concerned trial court and if the law permits and the court thinks it proper, the prisoner may be released on bail. (2) In the event of an under trial prisoner being too ill to attend court on the appointed date, the Superintendent shall report the circumstances as required by clause above of this rule and shall ask for authority further to detain the prisoner in custody. 237. Transfer to an outside hospital.- (1) When the prison Medical Officer recommends that in the interest of the health of the under trial prisoner, he should be transferred to a hospital outside the prison, immediate action should be taken. (2) In case the sick under trial prisoner needs to be shifted to referral hospital located outside the jurisdiction of the trying court such shifting shall be done immediately under intimation to the trying court. 238. Death of an under-trial prisoner.- The death of an under trial prisoner shall be promptly reported to the court under whose orders he was detained. 239. Conviction of an under trial prisoner.- (1) When an under trial prisoner is convicted, the officer in charge of under trial prisoners shall hand over all connected papers and records together with cash and private property, if any, to the officer in charge of admission of the convicted prisoners who shall attend to the usual routine in this respect. (2) On conviction, an under-trial prisoner shall be transferred to the yard meant for newly admitted convicts. 240. Release from the court.- (1) When an under trial prisoner is discharged or released from the court, an endorsement to that effect shall be made by the court to the jail authority. (2) On receipt of such intimation, entries in the appropriate columns for under trial register shall be made. 241. Claim of personal property.- If the under trial prisoner is released from the court he should claim his personal property, if any, from the prison authorities. 242. Release from prison.- (1) Release orders shall be sent through post or electronic mode (duly authenticated) or through the peon of the court and if any private person brings such documents, the same shall not be accepted at the prison office. (2) On receipt of a release order prompt action shall be taken and the under trial prisoner shall normally be released within four hours of the receipt of the release order. (3) In case the release order is received after sunset, steps should be taken to release the under trial prisoner as early as possible next morning. 243. Other formalities for release.- While releasing an under-trial prisoner, the officer in charge shall,- (a) scrutnise of the release order with relevant original papers and record; (b) scrutnise whether any other case is pending against the under-trial prisoner; (c) scrutnise the identity of the under trial prisoner; and (d) hand over of the cash and property of the under trial prisoner. 244. Intimation about the content of the bail bond.- The under-trial prisoner shall be informed of the contents of the bail bond prior to his release. 245. Women under-trial prisoners.- (1) Women under trial prisoner shall normally be escorted by women police. (2) As far as practicable, separate conveyance should be provided for the transport of women under trial prisoners. 246. Work by women under-trial prisoners.- (1) Women staff members shall be in charge of women under trial prisoners. (2) A female Deputy Jailor or Matron shall be present at the time of admission and release of women under trial prisoner. 247. Escort of women under-trial prisoner.- (1) As far as possible, women under trial prisoners shall be handed over to their relatives after release. (2) If this is not possible, a woman police or woman prison guard shall escort the released woman under trial prisoner to the nearest Railway station or transport bus stand. 248. Procedure for filling registers and their forms.- The register in Form as specified, shall be maintained in respect of under trial prisoners detained in any jail. 249. Confinement of young offenders in separate block.- (1) Each prison shall have a separate block for young offenders who are between 18 and 21 years of age, so as to keep them away from adult habitual offenders. (2) This block shall be divided into two separate sections one for the under trials and other for the convicts. (3) Normally each section shall accommodate not more than 100 inmates. 250. Education to young offenders.- (1) Superintendent shall ensure that educational needs of young offenders are adequately met and necessary facilities for the overall educational development are provided in prisons. (2) Appropriate educational programmes shall be designed for young offenders, if required in assistance from the non-Government Organizations, so that the young offenders of various age groups and intelligence levels can derive benefits. (3) Special emphasis shall be laid on the following aspects in education of young offenders, namely:- (a) Physical and health education; (b) Social and moral education; (d) Vocational education; and (e) Arts and handicrafts education. (4) For illiterate and educationally backward young offenders special educational classes shall be organized. (5) Necessary opportunities for the self-education of young offenders shall be provided in the prisons. (6) Those who have the requisite capacity and desire to appear at examinations conducted by the State Education Department or by a University or by any other recognized institution shall be permitted to do so. (7) Young offenders (Convicts) shall be taught such crafts, skills and vocations as would be useful to them after release. 251. Employment of young offenders.- (1) Young offenders may be employed by rotation as assistants in running the prisoner’s essential services, like sanitation and hygiene etc. inside their block and plumbing services. (2) A young offender employed is not to be required to perform work for more than 6 hours in any day. (3) An offender performing work shall,- (a) comply with any reasonable direction given by the supervising officer; and (b) wear any safety clothing or equipment supplied for the purpose of performing the work. 252. Safe working environment and safe manner of work.- The supervising officer is to take any measures that are practicable to ensure that an offender performing the work,- (a) is not exposed to hazards at the place where the work is being performed; and (b) in such a manner that it does not expose the offender or any other person to hazards. 253. Cultural development of young offenders.- (1) Special emphasis shall be given on the cultural development of young offenders. (2) Programmes of recreational nature and cultural activities shall be so planned as to suit the needs of various groups of young offenders. (3) Activities like indoor games, outdoor games, gymnastics, athletics, films, music, community and folk dances, dramatics arts, crafts, reading, writing, debating quiz programmes, sports-meet, shall be organized for recreational and cultural programmes. 254. Discipline of young offenders.- Special emphasis shall be given on the discipline of young offenders. As far as possible, minor offences shall be dealt with by withdrawal of concessions and when this approach fails, recourse shall be taken to other forms of punishment. 255. Relatives to be informed of the date of release.- (1) At least one month before a young offender, in case of convict, is due to release, a letter shall be sent to his relatives or friends intimating the date of his release. (2) Probation of Offenders Act, 1958 (Central Act No. 20 of 1958) shall be extensively used in case of young offenders to provide suitable institutional and non-institutional treatment. (3) After Care Facilities should be extended as per provision of aftercare rehabilitation of prisoners. CHAPTER IX FEMALE PRISONERS AND CHILDREN 256. Establishment of women’s jail.- (1) To ensure safety of female prisoners and guard them against any form of exploitation, the State Government may establish women jails in the State. (2) While exclusive prisons far from central areas may hinder a female prisoner’s proximity from home, such exclusive prisons may at times be necessary from a safety perspective. (3) In any case, separate enclosures or prisons within a district or central prisons are also required to be established for housing female inmates where there are no exclusive jails for women. (4) Till separate prisons for women are established, both male and female inmates can be confined in the same prison on the condition that female offenders are to be kept in strictly secluded female enclosures within the prison complex. (5) The existing enclosures for women in common prisons may be renovated to ensure that the women inmates do not come in contact with male inmates during their passage to and from these enclosures. Such enclosure should be, to the extent possible, independent in terms of infrastructural set-up. (6) These enclosures should have a double lock system, one lock outside and the other inside. 257. Enclosures for female prisoners.-The enclosures for female prisoners shall have all the requisite facilities with reference to their special needs such as segregation, security, pregnancy, child birth and family care, health care and rehabilitation, etc. 258. Equal access to work.- The work and treatment programmes for female inmates shall be devised giving due consideration to their special needs and such inmates shall be granted equal access to work, vocational training and education as male prisoners. 259. Seclusion of female prisoners from male.- (1) Female prisoners shall be rigidly secluded from the male prisoner and the under-trial female prisoner shall if possible, kept apart from convicts. (2) The Female wards shall be so situated as not to be overlooked by any part of the male jail and there shall be separate hospital enclosure as far as possible. (3) Female prisoners shall not be required to attend at the jail office. (4) All enquiries and verification of the warrant of female prisoner shall be conducted by the Jailor or Lady Deputy Jailor in the female enclosure. 260. Classification and separation.- As far as possible women prisoners shall be classified and kept separately as mentioned below:- (a) the under trial prisoners shall be kept completely separated from convicted offenders, even when their number is small; (b) the habitual prisoners shall be separated from casual offenders; (c) Habitual offenders, prostitutes and brothel keepers must also be confined separately; (d) adolescent girls should not be confined with adult women prisoners; and (e) political and civil prisoners shall be kept separately from convicts and under-trial prisoners. Note: (i) No prisoner or under-trial prisoner, mentally ill shall be kept in the prison; (ii) If any such prisoner are there, they shall be immediately transferred to appropriate mental health institutions; and (iii) No classification of prisoners shall be allowed on grounds of socio- economic status, caste or class. 261. Maintenance of Register.- A register, which may be in electronic form shall be maintained in every place of imprisonment with numbered pages where in the following details of women prisoners shall be entered, namely:- (a) Information concerning their identity; (b) The reasons for their imprisonment and the authority ordering such imprisonment with full details of such order; (c) The day and hour of their admission and release; and (d) Details of children of the prisoner, if any, including names, ages, location and custody status. 262. Restriction on women prisoners.- (1) No female prisoner shall, on any pretext, leave or be removed from the female enclosure except for release, transfer or attendance at court, or under the order of the superintendent for other legitimate purposes. (2) Every female prisoner authorized to leave her enclosure will ordinarily be accompanied by a Jailor or Deputy Jailor with Female Warder from the time she leaves till she returns. 263. Restriction on entry in the enclosure of female prisoners.- (1) No male officer of the jail shall on any pretext enter the female prisoners enclosure alone or unless he has a duty to attend to there. (2) If a male officer has to attend to any duty in the females’ enclosure and there is a female warder, he may enter the females’ enclosure in her company and shall be accompanied by her to whatever part of the female jail he may have to go. (3) If the matron is a convict, he shall be accompanied by a head warder and the two shall not separate whilst in the females’ enclosure at night, the head warder on duty shall call the Jailor, and these two officers together shall enter the enclosure. (4) Warders acting as escorts to jail officers or visitors must remain outside the enclosure while it is being inspected. 264. Matron or female warder to be custodian of key.- The keys of the female division of a jail shall be kept by the matron or female warder during the day, and after the wards and enclosure have been locked up at night shall, except those of any occupied female cells, be made over to the jailor, and shall remain in his custody until required next morning for the opening of the female wards. 265. Different Locks to be used.- (1) The locks of the female cells and wards shall be different from those in use in other parts of the jail and the same key shall not unlock the locks used both in the male and female divisions of the jail. (2) If there is no matron or female warder, the keys of the female ward shall during the day-time, be kept by the Head Warder on duty, but he shall not enter the female ward except to accompany the Superintendent or visitors or the Jailor or Deputy Jailor (one of whom shall open and lock up the female ward) or the warder placed in charge of the sweepers who have to enter the ward to attend to conservancy. The warder entrusted for this duty shall be an old and trustworthy officer. 266. Training of staff for gender-sensitivity.- (1) All staff assigned to work with women prisoners shall receive training relating to the gender specific needs and human rights of women including on sexual misconduct and discrimination. (2) Such staff shall also be sensitized regarding situations and instances where a woman inmate may feel particularly distressed, so as to be sensitive to their situation and ensure that the women are provided appropriate support. 267. Child health care.- Where children are allowed to stay with their mothers in prison, awareness relating to child development and basic training on the health care of children shall also be provided to prison staff, in order to respond appropriately in times of need and emergencies. 268. Photography and fingerprints.- Photographs, foot-prints, finger-prints and measurements of female prisoners shall be done in the presence, and with the assistance, of female prison officers or female warders. 269. Night Inspection.- Night inspection or round shall be made by women officers who shall ascertain the correctness of female ward, number of female prisoners and the other information, if any, from the female warder or female convict watchman on duty. 270. Prisoners requiring mental health care.- (1) Female prisoners needing treatment for mental diseases shall not be admitted in prison. (2) Female prisoners as mentioned in sub-rule (1) shall be kept in separate enclosures for female patients at the mental health hospital, or in other hospitals having mental health facilities, under the supervision of a lady Medical Officer. 271. Custody of the female enclosure.- There shall be round the clock duty of female Head Warders and female Warders in the female enclosures. 272. Quarantine on admission to prison and medical aid.- Women prisoners, on admission to prison, shall be medically examined and, if the examining Medical Officer deems it necessary, shall be kept separately in the female enclosure on medical grounds for the period as may be advised by the medical officer. 273. Lady doctors to take medical care of women prisoners.- (1) Part-time lady medical officers of the District Government Hospital or Medical College Hospital shall be engaged for medical examination of female prisoners on admission. (2) Only lady doctors shall look after the medical care of women prisoners during their stay in prison. (3) Every woman prisoner shall be examined by a lady Medical Officer. Such examinations shall also be conducted on readmission after parole etc. 274. Pregnancy.- (1) When a woman prisoner is found, or suspected, to be pregnant at the time of admission or later, the lady Medical Officer shall report the fact to the Superintendent. (2) Arrangements shall be made at the earliest to get her medically examined at the female wing of the Government Hospital or Medical College and Hospital for ascertaining the state of her health, pregnancy, duration of pregnancy and the probable date of delivery. (3) After ascertaining all necessary particulars, a detailed report shall be sent to the Head of Directorate of prisons. (4) Before sending women who is pregnant to a jail, the concerned authorities shall ensure that jail in question has the basic minimum facilities for child delivery as well as for providing pre-natal and post-natal care for both, the mother and child. (5) Gynecological examination of the female prisoner shall be performed in the District Government Hospital or Medical College Hospital. (6) Proper pre-natal and ante-natal care shall be provided to the prisoner as per the advice of qualified medical officer. (7) Adequate and timely food including supplemental nutrients, healthy environment and opportunities for regular exercise shall be provided to pregnant women, breast-feeding mothers and children. 275. Child birth in prisons.- (1) As far as possible every women prisoner having a suitable option, arrangement for parole (or suspended sentence in case of minor and casual offender) shall be made to enable an expectant prisoner to have the scope for delivery outside the prison. (2) Only on exceptional cases constituting high security risk or cases of equivalent grave description, these facilities can be denied. (3) The delivery of the child shall be done at the hospital but not in the Prison hospital, as far as possible. 276. Registration of birth.- (1) Births in prison shall be registered at the local birth registration office and the fact that the child has been born in prison shall not be recorded as the place of birth. (2) Only the address of the locality shall be mentioned. (3) As far as the circumstances permit, all facilities for performing the naming rites of the child born in a prison shall be extended to the mother. (4) In the event of a woman prisoner falling ill, alternative arrangement for looking after any children falling under her care, shall be made by the jail staff. 277. Certain ornaments to be allowed to women prisoner.- (1) Female prisoners shall be allowed to retain, in moderation, certain ornaments of small value such as mangal-sutras, bangles and toe rings. (2) The Superintendent may, however, at his discretion, refuse to allow the retention of these ornaments in any particular case for disciplinary or security reasons. 278. Children of women prisoners.- (1) A child up to six years of age shall be admitted to prison with his mother if no other arrangements for keeping him with relatives or otherwise, can be made. (2) Children born in prison may remain with their mothers up to six years of age, if they cannot otherwise be suitably placed. (3) The Medical Officer shall determine the age of children not born in prison for the purpose of this provision. 279. Information to Collector about children above six years.- (1) No child shall be admitted into or retained in prison if he has attained the age of six years. (2) The Superintendent shall inform the Collector and District Magistrate about all children of that age for placing them in a home run by the Child Development Department or Social Justice and Empowerment Department. (3) Such children shall be kept in protective custody until their mother is released or the child attains such an age as to be able to earn his own livelihood. (4) Removal of the child from prison shall be done with utmost sensitivity and only when alternative suitable arrangements have been made for his or her stay. (5) In case of foreign nations, removal of child and alternative arrangements shall only be done consultation with their consular representatives. 280. Children in protective custody.- (1) Children kept under protective custody in a home of the Child Development Department shall be allowed to meet their mothers at least once a week. (2) The District Social Welfare Officer shall ensure that such children are brought to the prison on the dates fixed for this purpose by the Superintendent. (3) The Children above the age of six shall also be handed over to any close relatives chosen by the women prisoner. 281. Death leaving behind child.- (1) When a female prisoner dies and leaves behind a child, the Superintendent shall inform the District Magistrate concerned and he shall arrange for the proper care of the child. (2) If the relatives of prisoner are unwilling to support the child, the District Magistrate shall either place the child in an approved institution or home run by the Government or hand the child over to a responsible person for care and maintenance. 282. Conducive environment for children.- Women prisoners with children should not be kept in sub-jails, unless proper facilities can be ensured which would make for a conducive environment there, for proper biological, psychological and social growth. 283. Welfare of the children of the women prisoners.- (1) There shall be a crèche and a nursery school attached to a prison for women where the children of women prisoners shall be looked after and children below three years of age shall be allowed in the crèche and those between three and six years shall be looked after in the nursery school. (2) The crèche and nursery school shall be run by the prison administration preferably outside the prison. (3) Children in prison shall be provided with adequate clothing suiting the local climatic requirements as per scale fixed by the Government or Head of Directorate of Prisons, from time to time. (4) Scales of diet for children shall be decided keeping in view the calorific requirements of growing children as per medical norms and climatic conditions. (5) Children living in prison shall never be treated as prisoners, the prison staff must display sensitivity, respect and dignity when searching children and body cavity searches shall never be applied in case of children. 284. Examination of the health of child.- (1) Children shall be regularly examined by a Medical Officer to monitor their physical growth who shall also be vaccinated for various diseases including polio and small-pox at the appropriate time. (2) Extra clothing and diet may also be provided to such children on the written recommendations of the Medical Officer. (3) Whenever possible, the Pediatric Specialist shall check the health condition of the Children. 285. Education for the children living with woman prisoners.- (1) The children of women prisoners living in the prison shall be given proper education and recreational opportunities. (2) There shall be a well equipped creche and a nursery school attached to a prison for women where the children of women prisoners shall be looked after while the mothers work in prison. (3) Children below three years of age shall be allowed in the creche and those between three and six years shall be looked after in the nursery school. (4) These facilities may also be extended to the children of warders and other female prison staff. (5) The crèche and nursery school shall be run by the prison administration preferably outside the prison with the assistance of non- Government Organizations or state welfare services. (6) In the event the prison administration considers it difficult to run a crèche, arrangements shall be made to send the children to a privately run crèche under proper security.