Punjab Jail Manual

Punjab Jail Manual

Punjab Jail Manual

Last Updated 5th July, 2019 [hl760]

Chapter I

Introductory

1. Enactments relating to jails and prisoners. - The enactments regulating the establishment and management of jails, the confinement, treatment and transfer of prisoners, the maintenance of discipline amongst them and other matters relating to prisoners, are as follows :-

Act IX of 1894, the Prisons Act as amended by the Prisons Punjab (Amendment) Act, 1926 (Punjab Act IX of 1926);

Act III of 1900, the Prisoners Act as amended by Act 1 of 1903, the Repealing and Amending Act, 1903;

Regulation III of 1818, for the confinement of State prisoners;

Act XXIV of 1855, an Act to substitute penal servitude for the punishment of transportation in respect of European and American convicts;

Act VIII of 1897, the Reformatory Schools Act;

Act IV of 1912, the Indian Lunacy Act;

Act V of 1908, the Civil Procedure Code;

Act II of 1973, the Criminal Procedure Code; and

Act XLV of 1860, and amending Acts, the Indian Penal Code.

The Punjab Borstal Act, 1926.

Punjab Good Conduct Prisoners Probational Release Act of 1926.

Act XXXIX of 1950, Transfer of Prisoners Act.

Punjab Act XII of 1952, Punjab Habitual Offenders (Control and Reform) Act.

Act XXXII of 1955, Prisoners (Attendance of Court) Act.

Act II of 1962, The Punjab Good Conduct Prisoners (Temporary Release) Act.

Act XX of 1958, Probation of Offenders Act 1958.

Some of the Acts specified are printed entire in Appendix No. 1. In the case of the remaining Acts, such portions as are likely to be of use to Jail officers and do not appear in the Manual, will be found in the same Appendix.

[2. Definitions prescribed in the Prisons Act, 1894. - In the Prisons Act] :-

(1) "prison" means any jail or place used permanently or temporarily under the general or special orders of a Local Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include -

(a) any place for the confinement of prisoners who are exclusively in the custody of the police;

[(b) any place specially appointed by the Local Government, under Section 541 of the Code of Criminal Procedure, 1898;] or

(2) "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;

(3) "convicted criminal prisoner" means any criminal prisoner under sentence of a Court or Court Martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1898, or under the Prisoners' Act, 1900;

(4) "civil prisoner" means any prisoner who is not a criminal prisoner;

(5) "remission system" means the rules for the time being in force regulating the award of remission to, and the consequent shortening of sentences of prisoners in jail;

(6) "history ticket" means the ticket exhibiting such information as is required in respect of each prisoner by this Act or the rules thereunder;

(7) Cancelled.

(8) "Medical Subordinate" means an Assistant Surgeon, Apothecary or qualified Sub-Assistant Surgeon; and

[(9) "Prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by any rule under the Prisons Act.]

[3. Definitions prescribed in rules made under Act IX of 1894. - In these rules, unless a different intention appears from the subject or context, the expression-]

(a) "Casual" means any convicted criminal prisoner who is not a "habitual" as hereinafter defined;

(b) "Central Jail" means any prison in which criminal convicted prisoners are received, for the purpose of undergoing their sentences, by transfer from any other jail and in which such prisoners are not, when committed to prison, in the first instance ordinarily received. Provided that no jail shall be deemed to be a central jail unless and until the Local Government shall have declared it to be such;

(c) "compartment" means any room, workshop, godown or other covered in, enclosed and protected place in a jail, other than a cell or ward;

(d) "convict" means a convicted criminal prisoner;

(e) Cancelled.

(f) "District Jail" means any prison to which prisoners from one or more districts are, in the first instance, ordinarily committed and includes every jail other than a central jail or a special jail, as in this section defined;

[Note - A temporary prison provided under Section 7 of the Prisons Act, 1894, would unless constituted a central or special jail, be a district jail,]

(g) "Habitual" or "habitual criminal" means -

[(i) Any person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI, XVII or XVIII of the Indian Penal Code taken by themselves or with the facts of the present case show that he habitually commits an offence or offences punishable under any or all of those chapters;]

(ii) Cancelled;

(iii) any person committed to or detained in prison under Section 123 (read with Section 109 or Section 110) of the Code of Criminal Procedure;

(iv) any person convicted of any of the offences specified in (i) above when it appears from the facts of the case even although no previous conviction has been proved that he is by habit a member of a gang of dacoits, or of thieves or a dealer in slaves or in stolen property;

(v) any member of a criminal tribe, subject to the direction of the Local Government concerned;

(vi) any person convicted of an offence and sentenced to imprisonment under the corresponding Sections 6 of the Indian Penal Code and the Code of Criminal Procedure as applied by order under the Indian (Foreign Jurisdiction) Order in Council 1902, or by the authority of any Prince or State in India;

(vii) any person convicted by a court or tribunal acting outside India under the general or special authority of His Majesty, of an offence which would have rendered him liable to be classified as a habitual criminal if he had been convicted in a court established in British India.

Explanation - For the purposes of this definition the word "conviction" shall include an order made under Section 118, read with Section 110, of the Criminal Procedure Code.

Note 1 :- The classification of a convicted person as a habitual criminal should ordinarily be made by the convicting court but if the convicting court omits to do so, such classification may be made by the District Magistrate, or, in the absence of an order by the convicting court or District Magistrate, and pending the result of a reference to the District Magistrate, by the officer incharge of the jail where such convicted person is confined. Provided that any person classed as a habitual criminal may apply for a revision of the order.

Note 2 :- The convicting court or the District Magistrate may for reasons to be recorded in writing, direct that any convicted person or any person committed to or detained in prison under Section 123, read with Section 109 or Section 110 of the Code of Criminal Procedure shall not be classed as a habitual criminal and may revise such direction.

Note 3 :- Convicting courts or District Magistrates, as the case may be, may revise their own classifications and the District Magistrate may alter any classification of a prisoner made by a convicting court or any other authority provided that the alteration is made on the basis of facts which were not before such court or authority.

Note 4 :- The expression "District Magistrate" wherever it occurs in Notes 1, 2 and 3 above means the District Magistrate of the district in which the criminal was convicted, committed or detained. The expression includes a Presidency Magistrate.

Note 5 :- Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept :Provided that the Inspector-General of Prisons may transfer to this special jail any prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise, so evil an influence on his fellow prisoners, that he ought not to be confined with other non- habitual prisoners but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals.

Note 6 :- With reference to rule 1(V) above a habitual offender is defined in Section 2(3) of Punjab Act No. XII of 1952 as a person, -(a) who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act, committed on different occasions and not constituting parts of the same transaction; and(b) who has, as a result of such convictions, suffered imprisonment at least for a total period of twelve months.

Explanation. 1 :- A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection therewith shall not be taken into account for the above purpose.

Explanation 2. - In computing the period of five years, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account.

(h) "Inspector-General" means the Inspector-General for the time being, of prisons in the Punjab;

(i) "Juvenile" means any prisoner who has not attained the age of eighteen years;

(j) "Special Jail" means any prison provided for the confinement of a particular class or particular classes of prisoners, and classed as a Special Jail by the Local Government;

(k) "Subordinate Officer" means and includes every officer of a prison other than the Superintendent and the Medical Officer thereof;

(l) "Under sentence" means under sentence of transportation or of imprisonment of either description; and

(m) "Probation Officer" means a Probation Officer as defined in the Good Conduct Prisoners Probational Release Rules, published with Punjab Government Notification No. 13273 dated 27th April, 1927."

words importing the masculine gender shall be taken to include females, and words in the singular shall include the plural, and vice versa.

[3A. Aim of Handling Prisoners. - The aim of handling prisoners is guidance and correction for re-habilitation in society. For this purpose each institution will have facilities for moral, physical, educational and vocational training.]

Chapter II

Classification of Jails

[4. Three kinds of Jai. - Jails shall be of three kinds, namely, Central Jail, Special Jails and District Jails.]

5. Cancelled.

6. Special Jails, power to declare or establish. - (1) The Local Government may from time to time, in its discretion, declare any jail to be a Special Jail for the purposes of these rules or establish a Special Jail at any place.]

(2) No Jail shall be deemed to be a Special Jail, within the meaning of these rules, unless it has been declared to be so or established as such under clause (1).

(3) The Lahore Female Jail shall be deemed to be a Special Jail established under this rule.

[7. District Jails. - All Jails, other than Central Jails and Special Jails, shall be deemed to be District Jails.]

[8. Classes of District Jails. - (1) There shall be four classes of District Jails, namely, District Jails of the first, second, third and fourth classes, respectively.]

[(2) The class to which any District Jail shall be deemed, during any year to belong, shall be determined by the Inspector-General, in or about the month of April in each year, in accordance with the average number of prisoners confined in such Jail during the preceding year ending on the thirty-first of March, in the manner following :-]

Class of District	Mean daily average number of prisoners confined in Jail
First	Five hundred or more.
Second	Three hundred or more, but not more than four hundred and ninety- nine.
Third	One hundred and fifty or more, but not exceeding two hundred and ninety-nine.
Fourth	Less than one hundred and fifty.

[9. When a Central Jail may also be District Jail. - The Local Government may declare any Central Jail to be for all or any purposes also a District Jail.]

Chapter III

Establishments

[10. Officers of prisons. - For every prison there shall be a Superintendent, a Medical Officer (who may also be the Superintendent), a Medical Subordinate, a Deputy Superintendent and such other officers as the Local Government thinks necessary.]

[11. Scale of pay of an Indian Medical Service Officer when appointed Superintendent of a Central Jail. - The rates of pay of officers of the Indian Medical Service in civil employment, are shown in the following statement :]

Rank	Service and Rank	Basic Pay	OVERSEAS PAY		Years of total service
Rank	Service and Rank	Basic Pay	If drawn in sterling	If drawn in rupees	Years of total service
1	2	3	4	5	6
		Rs.	Pounds	Rs.
			_	150	1
Lieut.		500	_	150	2
			_	150	3
Capt.	i) During first 3 years' service as Captain	650	_	150	4
			15	150	5
			15	150	6
	ii) With more than 3 and less than 6 year's service as Caption.	250	26	250	7
			25	250	8
			25	250	9
	iii) With more than 6 years' service as Captain.	850	25	250	10
			25	250	11
			30	250	12
					and over
Major	i) During first 3 years' service as Major	950
	ii) With more than 3 and less than 6 years' service as Major.	1,100
	iii) With more than 6 years' service as Major.	1,250
Lieut-Col.	i) Until completion of 23 years total service	1,500
	ii) During 24th and 25th years' of service	1,600
	iii) After completion of 25 year's total service	1,700
	iv) When selected for increased pay.	1,850

N.B. - Until the completion of service as Major basic pay is regulated according to rank and service in rank (column 1 and 2) which, owing to the system of accelerated promotion may be in advance of the time scale of promotion. Overseas pay is regulated solely with reference to length of total service (column 6).

Note :- For Superintendents of Central Jails the rates of pay in columns (3) and (5) of the statement are increased by Rs. 150 a month.

[12. Scale of pay for officers of the Indian Medical Department when holding charge of a Central Jail. - (1) Officers of the Indian Medical Department when holding charge of a Central Jail in the Punjab will draw consolidated pay at the rate Rs. 750-40-950/50-1,150 per mensem subject to the condition that they will not draw less than their pay of rank plus Rs. 150 per mensem.]

(2) All service as Civil Surgeon or as Superintendent of a Central Jail or a Central Lunatic Asylum whether officiating or permanent will count for increments in this scale.

13. Appointment of Inspector-General. - [The post of Inspector- General of Prisons is reserved for an Officer of the Indian Medical Service, who shall be appointed thereto by the Governor-General in Council in accordance with Regulation 5 of the Regulations] framed by the Secretary of State of India in Council under Rule 12 of the Devolution Rules. In recommending an appointment to the office of Inspector-General the Local Government will give its preference to a Commissioned Medical Officer who has been employed in charge of a Central Jail, provided a suitable officer is available.

[14. Private practice for Superintendents of Central Jails. - The Superintendent of a Central Jail may, if the Local Government is of opinion that such permission can be allowed without detriment to the proper performance of his duties and accords its sanction, be permitted to engage in private practice.]

[15. Free quarter and the grant of house rent. - All Superintendents of Jails and factory managers of Central Jails who live in buildings attached to the Jail, or in quarters specially provided close to the Jail, are exempt from the liability to pay rent. The grant of house rent when quarters are not provided is contingent on the official providing himself with a residence within a distance convenient for the purpose of his duties at the Jail, and provided by the Inspector-General.]

16. Cancelled.

17. Cancelled.

18. Cancelled.

19. Cancelled.

[20. Permanent establishment sanctioned for each Jail. - (1) Under the provision of Section 6 of the [Prisons Act, 1894,] the Local Government has, in addition to the officers prescribed in that section, sanctioned a scale of with specified rates of pay for each Jail. No permanent establishment in excess of the scale allowed in each case can be entertained without the sanction of Government.]

[(2) When it is proposed to apply for an increase to the permanent establishment of any Jail, a proposition statement (A.F. No. 85) in triplicate should be submitted.]

Chapter IV

General Supervision

Section I

The Inspector-General

[21. Appointment and powers of the Inspector-General. - An Inspector- General shall be appointed for the territories subject to each Local Government and shall exercise, subject to the orders of the Local Government, the general control and superintendence of all prisons situated in the territories under such Government.]

22. Cancelled.

23. Cancelled.

24. Cancelled.

25. Power to entertain temporary establishment. - (1) The Inspector- General may, from time to time, in respect of any jail entertain or sanction the entertainment of temporary establishment in accordance with the Book of Financial Powers.

(2) Every, temporary subordinate officer shall be subject to the same liabilities as regards transfer, promotion, removal and punishment as are, under these rules, applicable to subordinate officers permanently employed.

[26. Supply of articles to jails. Sale of manufactured articles. - Subject to the general control of the Local Government and the provisions of these rules, the Inspector-General may enter into all such arrangements as be necessary for the construction of all works relating to, and the supply to all articles for use in, or in any way relating or incidental to or connected with, jails and for the sale of all articles manufactured in jails.]

Note 1 - Part N, VII of the resolution of the Government of India under 33 and 34 Vict.,

Chapter 59 No. Judicial/3481- 501 dated the 28th March, 1895, empowers the Inspector-General of Prisons to execute deeds, contracts and other instruments for the supply of articles for use in jails or regarding the sale of articles manufactured in jail.

[Note 2 - Rules for the supply of Jail-made articles to the officials of the Punjab Jail Department and to Departments of Government are contained in appendices XVIII and XIX respectively.]

[27. Provision of funds, expenditure and accounts. - Subject to the arrangements for securing due budget provision and the allotment of funds to meet the expenditure of the Jail Department, made under the orders of the Local Government in that behalf, the entire control over all expenditure on the maintenance of jails and on all matters in any way relating or incidental to, or connected with the administration of Jails, shall vest in the Inspector-General :]

Provided that the Inspector-General shall in all respects comply with the requirements as to the submission, of estimates the expenditure of money, the management and audit of accounts and the like of the Accountant- General of the Punjab, and of the rules and order of Government in the Accounts Department :

Provided further that the expenditure incurred on -

(a) public works;

(b) the supply of stationery and the like;

(d) the Indian Stores Depot;

shall be regulated according to the rules, and by heads of the Departments concerned.

[28. Monthly audit of expenditure by Inspector-General. - Subject to the provisions of the preceding rule, the Inspector-General shall cause monthly bill of all expenditure of whatever description, on or relating to jails, be sent regularly to him and shall himself audit such bills or cause them tobe duly audited under his direction and orders.]

29. Cancelled.

[30. Petty Contracts. - (1) Any contract for the supply of any article to the extent of the estimated requirements of any jail for a period not exceeding six weeks shall be deemed to be a petty contract.]

(2) Subject to the control of the Inspector-General, petty contracts may be made by the Superintendent.

[31. All other contracts require previous sanction. - No contract, other than a petty contract, shall be made by any officer, other than the Inspector-General without the sanction, in writing, to be previously obtained, of the Inspector-General.]

32. Inspection by the Inspector-General. - It shall be the duty of Inspector-General, as far as may be, personally to visit and inspect every Jail at least once in each year, and to satisfy himself that the provisions of the Prisons Act, 1894, and all rules, regulations, directions and orders made or issued thereunder, applicable to such jail, are duly obeyed and enforced, and that the management of such jail is in all respects efficient and satisfactory. A note recording the result of each visit and inspection shall be made in a [register] to be maintained by the Superintendent for the purpose.

33. Duties of the Inspector-General at inspections. - In accordance with the provisions of the preceding rule, the Inspector-General shall at his inspection of each jail, ordinarily -

[(a) see all yards, wards, cells, worksheds, store rooms, kitchens and latrines, noting their state of repair, sanitary condition and efficiency, the extent to which the structural arrangements permit of the separation of the different classes of prisoners as required by the Prisons Act of 1894 and rules made thereunder and whether these arrangements are availed of to the fullest extent;

(b) examine the Jail garden and note its condition as to its capabilities to supply vegetables and anti-scorbutics in sufficient quantities to all the prisoners and whether it has been successfully cultivated or otherwise;

(c) note any defects in the water-supply and conservancy arrangements; see that the sick are carefully attended to, and that the food is of proper quality and quantity;

(d) see every prisoner then in confinement in the Jail, noting any circumstances of importance requiring attention, such as the adaptation of tasks to physique and capabilities, the condition and sufficiency of the clothing, the employment of fetters, the working of the remission system, the award of punishments and afford every prisoner a reasonable opportunity of making any application or complaint and investigation such as relate to Jail discipline;

(e) inspect the warder establishment as to its proficiency, inspect of the arms and accoutrements and test the ability of the upper subordinates to drill the guard;

(f) satisfy himself that the arrangements for guarding both by day and night are satisfactory;

(g) satisfy himself that economy is practised in the matter of all purchases;

(h) satisfy himself that all accounts and registers are maintained according to the rules in force, that proper arrangements are made for the sale custody of all records, and that due regard is paid to all requirements of the law and rules made thereunder; and

(i) record his opinion of the manner in which the jail is administered, the extent to which officers appear familiar with their duties, together with any suggestions he may wish to make and any orders he may desire to issue to the Superintendents.

[34. A copy of minute when to be submitted to Government - A copy of any part of the minute required by the preceding paragraph which deals with matters which should, in the opinion of the Inspector-General, be brought to the notice of Government, shall be forwarded by the Inspector-General to the Local Government.]

[35. Annual Report returns. - The Inspector-General shall, as soon after the close of each calendar year as possible and not later than the first day of May in each such year, submit to the Local Government a report on the administration of Jails, together with such statistical and other statements, returns and information, and in such form as the Local Government may from time to time, by executive direction, require.]

36. Channel of communication. - In the absence of any direction to the contrary, the Inspector-General shall be the channel of communication between the Government and all Superintendents and other officers of the Jail Department.

[37. Removal of prisoners. - (1) The Governor-General in Council may, by general or special order, provide for the removal of any prisoner confined in a prison -]

(a) under sentence of death; or

(b) under, by or in lieu of, a sentence of imprisonment or transportation; or

(d) in default of giving security for keeping the peace or for maintaining good behaviour to any other prison in British India.

(2) The Local Government, and (subject to its order and under its control) the Inspector-General of Prisons may, in like manner, provide for the removal of any prisoner confined as aforesaid in a prison in the Province to any other in the Province.

[38. Inspection of criminal lunatics by the Inspector-General or visitors. - (1) When any person is confined under the provisions of Section 466 or Section 471 of the Code of Criminal Procedure, 1898, the Inspector-General of Prisons, if such person is confined in a jail or the visitors of the asylum or any two of them, if he is confined in an asylum, may visit him in order to ascertain his state of mind, and he shall be visited once at least in every six months by such Inspector-General or by two of such visitors as aforesaid; and such Inspector-General or visitors shall make a special report as to the state of mind of such person to the authority under whose order he is confined.]

(2) The Local Government may empower the officer in charge of the jail in which such person may be confined to discharge all or any of the functions of the Inspector-General under sub-section (1).aras 901 and 903.

[39. Inspector-General, a visitor of all Mental Hospitals. - Under the provisions of Section 28(2) of Act IV of 1912, the Inspector-General is ex- officio a visitor of all Mental Hospitals within the Province.]

Section II

40. - Cancelled.

Section III

The District Magistrate

[41. District Magistrate to visit and inspect jails. - (1) It shall be duty of the Magistrate of the District from time to time to visit and inspect jails situated within the limits of his district and to satisfy himself that provisions of the Prisons Act, 1894, and of all rules, regulations, directions and orders made or issued thereunder, applicable to such jails, are duly observed and enforced.]

(2) In all matters relating to the discipline maintained in and the management of Jails, the Magistrate of the district or other Magistrate visiting and inspecting any Jail under the provisions of these rules shall discharge his duties subject to the general control of the Inspector-General.

(3) A record of the result of each visit and inspection made, shall be entered in a [register] to be maintained by the Superintendent for the purpose.

[42. When District Magistrate is unable to visit Jail. - In the absence of the Magistrate of the district from headquarters, or in the event of that officer being at any time unable from any cause to visit the Jail in the manner in these rules prescribed in that behalf, he shall depute a Magistrate subordinate to him who is available for the duty, to visit and inspect the Jail on his behalf. Any officer so deputed may, subject to the control of the Magistrate of the district, exercise all or any of the powers by the Prisons Act, 1894, or these rules, conferred upon the Magistrate of the district.]

[43. Powers conferred on the District Magistrate by Act IX of 1894. - [Under Section 11(2), Act IX of 1894,] the Superintendent of a jail other than a Central Jail, shall obey all orders not inconsistent with the Prisons Act, or any rule thereunder which may be given respecting the prison by the District Magistrate, subject so such general or special directions as may be given by the Local Government.]

[44. Exercise by District Magistrate of powers under the Prisons Act. - (1) The orders passed under sub-section (2) of Section 11 of the Prisons Act, 1894, should, except in emergent case in which immediate action is, in the opinion of such Magistrate, necessary be so expressed that the Superintendent may have time to refer (if he thinks necessary) to the Inspector-General before taking action thereon.]

[(2) All orders issued by the Magistrate of the district shall, if expressed in terms requiring immediate compliance, be forthwith obeyed and a report made, as prescribed in the said sub-section, to the Inspector- General.]

[45. District Magistrate to communicate with Superintendent. - The District Magistrate shall not address any communication or order to any officer of any Jail other than the Superintendent. All orders issued by the District Magistrate shall be in writing.]

[General directions under sub-section (2) of Section 11, issued by the Local Government.]

(a) The District Magistrate's orders should ordinarily be issued in the form of an entry in the visitors book. The District Magistrate is not required to interfere in matters of detail affecting the management of a Jail. He should beware of action having a tendency to weaken the authority of the Superintendent over subordinate jail officers and prisoners.

(b) In matters of an emergent and important character, affecting the safety of the public, the jail or the prisoners, it is open to the District Magistrate to take all such measures as may be necessary in the special circumstances of the case, and all actions taken should be promptly reported to higher authority.

(c) If the Magistrate gives an order to which the Superintendent takes exception, the latter officer may represent the matter to the Inspector-General, but he shall forthwith obey any order which is not clearly inconsistent with the Prisons Act or any rule made thereunder and does not involve any immediate risk or danger. In the event of his hesitating to obey any order on any of these grounds, he shall, in case of urgency, obtain the Inspector-General's orders by telegraph.

(d) In cases which are not urgent, the Superintendent will refer, in the ordinary course, to the Inspector-General and will communicate that Officer's reply, without delay, to the Magistrate.

[46. Procedure when the office of Superintendent is temporarily vacant, or the Superintendent is prevented from discharging his duties. - (1) In the event of any temporary vacancy occurring in the office of Superintendent of any jail or of the Superintendent being from any cause, unable to discharge or prevented from discharging the duties of his office, the fact shall forthwith be brought to the notice of the Magistrate of the district within the limits of which such jail is situated, by either the Superintendent or the next senior officer of such jail.]

[(2) Upon receiving information under clause (1) or otherwise, of any temporary vacancy in the office of Superintendent of any jail, or of the fact that the Superintendent of any jail, is from any cause unable to discharge or prevented from discharging the duties of his office, the Magistrate of the district, within the limits of which such jail is situated, shall -

(a) if such Jail is a Central or a Special Jail - either himself assume charge of such jail or place one of the Magistrates subordinate to him in charge thereof pending the filling up of the vacancy or the return to duty of the Superintendent, and shall report that he has done so, and the circumstances rendering such course necessary, without delay, to the Inspector-General;]

(b) if such jail is a District Jail - make such arrangements as he may think fit for carrying on the duties, of the Superintendent, until the vacancy is filled up or the Superintendent returns to duty : Provided that in making such arrangements he shall do so either by himself taking charge of such jail, or placing a Magistrate subordinate to him or an Assistant Surgeon of not less than ten years' service in charge thereof.]

Chapter V

Visitors

47. Visitors - Power of Local Government to appoint. - (1) Visitors of jails shall be either -

(a) ex-officio,

(b) (1) officials or (2) non-officials, appointed by name.

[(2) The following officers and such others as Government may from time to time appoint in this behalf shall be ex-officio visitors of every jail within the respective areas under their charge or within their jurisdiction :-]

(a) Commissioners of Divisions.

(b) District and Sessions Judges.

(d) Sub-Divisional Magistrates.

(e) Deputy Inspector-General of Police.

(f) Superintendents of Police.

(g) Reclamation Officer, Punjab.

(h) Director of Industries, Punjab.

48. Visits by official Visitors. - [(1) Commissioners and Sessions Judges are required to visit the jails at their headquarters once in three months and, once a month, and those in other districts of their divisions when on tour.]

(2) District and Sub-Divisional Magistrates or Magistrates subordinate to them and appointed by them in this behalf are to visit the jails in their several jurisdictions once a week.

49. Duties of official visitors. - [(1) Any official visitor may examine all or any of the books, papers and records of any department and may interview any prisoner confined in the jail.]

(2) It shall be the duty of every official visitor to satisfy himself that the provisions of the Prisons Act, 1894 and of all rules, regulations, orders and directions made or issued thereunder, are duly observed, and to hear and bring to notice any complaint or representation made to him by any prisoner.

50. Non-official visitors, Term of office, Appointment. - [(1) The Local Government may appoint such number of persons to be non-official visitors in respect of any jail as it may think fit.]

(2) Every non-official visitor so appointed shall hold office, as such, for two years, but may be reappointed on the expiration of that term.

[51. Non-official visitors to be gazetted. - The names of such gentlemen as are willing to undertake the important duties and are appointed non-official visitors of specified jails, shall be notified in the Punjab Government Gazette.]

[Note - When the period of appointment of a non-official visitor is drawing to a close, the Deputy Commissioner of the district in which the jail is situated shall represent the fact to the Commissioner of the Division and at the same time submit the recommendation for filling the appointment for a further period of two years. The Commissioner will then send on his proposals direct to Government, submitting at the same time the necessary draft notification for publication in the Gazette.]

52. Visit by non-official visitors. - Every non-official visitor is expected to interest himself in, and visit the jail of which he is a visitor, once a month, and oftener if possible. Intimation of the intended visit need not be given. No visit should be made after the prisoners have been locked-up for the night or on the King's Birthday, Good Friday and Christmas Day or any jail holiday.

Note - It is to be distinctly understood that permission to visit jails on Sundays is a concession which is not to be abused. Sunday visits are not to be encouraged. They should be the exception rather than the rule.

[53. Duties of all visitors. - All visitors shall be afforded every facility for observing the state of the jail, and the management thereof, and shall be allowed access under proper regulations, to all parts of the jail and to every prisoner confined therein.]

[Every visitor should have the power to call for and inspect any book or other record in the jail unless the Superintendent, for reasons to be recorded in writing, declines on the ground that its production is undesirable. Similarly, every visitor should have the right to see any prisoner and to put any questions to him out of the hearing of any jail officer. There should be one visitors' book for both classes of visitors, their remarks should in both cases be forwarded to the Inspector-General who should pass such orders as he thinks necessary, and a copy of the Inspector- General's order should be sent to the visitor concerned.]

53A. Board of visitors. - Once in every quarter not less than two ex- officio and one non-official visitors, of which one unless prevented by unavoidable cause, shall be the District Magistrate, shall constitute a Board and visit the jail of which they are visitors. The District Magistrate shall be the ex-officio Chairman of the Board. The Board should meet at the jail on such days as the District Magistrate may determine, and will inspect all buildings and prisoners, hear any complaints and petitions that may be preferred, inspect the prisoners' food and see that it is of good quality and properly cooked, inspect the punishment book and satisfy themselves that it is kept up-to-date.

53B. Duties of visitor. - All visitors, official and non- official, at every visit shall-

(a) inspect the barracks, cells, wards, workshed and other buildings of the jail generally and the cooked food;

(b) ascertain whether considerations of health, cleanliness, and security are attended to, whether proper management and discipline are maintained in every respect, and whether any prisoner is illegally detained, or is detained for an undue length of time, while awaiting trial;

(d) hear, attend to all representations and petitions made, by or on behalf of prisoners; and

(e) direct, if is deemed advisable, that any such representations or petitions be forwarded to Government.

[53C. Time of visit. - No visit should be made after the prisoners have been locked for the night or on any of the following days, namely :-]

(1) His Majesty the King Emperor's Birthday.

(2) Christmas Day.

(3) Good Friday.

(4) Baisakhi.

(5) Dusehra.

(6) Id-ul-Zuha.

(7) Id-ul-Fitr.

(8) Id-i-Milad.

(9) Guru Nanak's Birthday.

(10) Guru Gobind Singh's Birthday.

53D. Punishing the Prisoners for complaints made to visitors. - No prisoner shall be punished for any statement made by him to a visitor unless an enquiry made by a Magistrate results in a finding that it is false.

53E. Respect for Visitors. - (1) Due respect should be paid to the official and non-official visitors and their request for information should be complied with readily.

(2) No visitor can be allowed to go round a jail without an escort which is necessary for his personal safety. But on the demand of the visitor, the guard should withdraw from earshot of the prisoner so as to permit of private communication between the visitor and the prisoner out of the hearing of the guard.

(3) Any visitor is at liberty to go round the jail un-attended except for a warder escort, if he so desires :

Provided that the visitor shall in no case interview a prisoner convicted of sedition or of an offence into which the element of sedition has entered except in the presence of the Superintendent or the Deputy Superintendent.

(4) Except on the occasion of the visit of the Board of Visitors no visitor can claim to be accompanied on his rounds by the Superintendent, Deputy Superintendent or Assistant Superintendent.

[Visitors are not permitted without the express consent of the Superintendent to interview more than one prisoner at a time. Anything in the nature of a meeting or conference whether for the discussion of political topics or the ventilation of jail grievances, is strictly prohibited.]

All private interviews with the prisoners will normally be subject to a time limit of ten minutes. If a visitor wishes to exceed this limit, he should give his reasons for doing so in writing to the Superintendent.

53F. Duties of lady visitors. - Lady visitors, when appointed to a jail where females prisoners are confined, shall have the same powers and duties as the male visitors, except that their functions shall extend only to the female prisoners and female wards and that they shall have nothing to do with the male portion of the jail.

54. Date of visit to be recorded. Copy of remarks to be sent to certain officers. - [(1) Every visitor shall, after he has completed his visit to the jail record, in the visitors book, the date and hour of his visit and may enter therein any remarks or suggestions he may wish to make.]

(2) A copy of the record made by every visitor together with the Superintendent's reply thereto or the action taken by the Superintendent thereon, shall be forwarded to the Inspector-General and in the case of any remark made relative to the long detention of any unconvicted prisoner a copy of such remark shall also be forwarded to the Magistrate of the district.

55. Disposal of the record made by a visitor. - [(1) Any remarks made by a visitor under the preceding rule should be limited to a statement and fair criticism of actual facts which may come to his knowledge and to such suggestions as he may desire the Superintendent or Inspector-General to consider. Criticism should be confined to such aspects of the ordinary administration of the jail as the visitor may consider susceptible of alteration or improvement, and should on no account directly reflect either favourably or adversely on the character or conduct of any of the jail staff. Should the visitor wish to bring to notice what he considers to be the good or bad work of any official he should do so by letter addressed to the Inspector-General of Prisons, Punjab and Haryana.]

(2) The Inspector-General may pass orders on any record made by a visitor, and shall if any question of importance is raised, which in his opinion, requires the orders of the Local Government forward such record to the Local Government.

In the case of remarks entered in the visitors book by Commissioners of Divisions, a copy of the record with the comments (if any) of the Superintendent and the Inspector-General, shall invariably be forwarded to the Local Government.

(3) A copy of any order passed by the Inspector-General or by Government, on any record made by a visitor, shall be communicated to the visitor concerned through the Superintendent.

[Note - A spare of the list will be kept at the main gate and handed over to a visitor on the occasion of his visit to the jail. Each such official visitor will be supplied with a copy on his appointment.]

56. Admission of Police Officer and the interrogation of prisoners by them. - [(1) The Superintendent of Police or any Assistant Superintendent of Police, may, for any purpose connected with the discharge of his duty as such Police Officer, be permitted to enter the jail at any time.]

(2) Police officers of subordinate rank to those specified in clause (1), who may be detailed for the duty, shall be permitted to enter the jail :-

(a) for the purpose of recognising old offenders at the time of the Superintendent's weekly parade, and

(b) for the purpose of conducting operations for the identification of prisoners during working hours on any week day.

(3) No Police Officer shall, at any time, upon any pretext whatsoever, be allowed to enter any female ward or any cell or compartment in which any female is for the time being confined or present, without the permission in writing, of the Superintendent.

(4) No Police Officer shall be permitted to interrogate any prisoner, except in so far as may be necessary for the identification of such prisoner, without an order in writing from the District Magistrate, addressed to the Superintendent.

(5) Any interview, permitted under an order from the District Magistrate shall take place in the presence of the Deputy Superintendent or other proper officer of the jail, who shall keep at such a distance that he may not hear the conversation that takes place.

Note - For the purposes of clause (2), jail officer should give every assistance by parading separately, if required, any prisoners whom the police may desire to inspect for purposes of identification.

57. Rank of officer deputed to interrogate a prisoner. - A Police Officer deputed to interrogate a prisoner under the provisions of clauses (4) and (5) of the preceding rule, should ordinarily not be below the rank of an Assistant Sub-Inspector.

58. Police Officer to be in uniform. - No subordinate Police Officer shall be admitted to a Jail unless he is in proper uniform.

[59. Officer of the P.W.D. may enter the Jail during business hours. - The Superintending Engineer of the Circle, the Executive and Assistant Engineers of the District and their employees, shall, during business hours, have free access to the jail to such extent as may be necessary for purposes connected with the discharge of the official duties of their Department, but not otherwise.]

[60. Special permission to be accorded to other persons] - [Save as herein before in these rules provided, no person shall be admitted into any Jail unless he is accompanied by or has obtained the permission, in writing, of the Superintendent, the Magistrate of the District, or the Inspector-General.]

Chapter VI

Jail Officers

Section I

The Superintendent

61. Appointments to office of Superintendent to be gazetted. - [(1) All appointments to and changes in the office of Superintendent of a jail, other than those arising in consequence of temporary absences, shall be notified in the Punjab Government Gazette.]

[(2) Temporary vacancies. - Every temporary [vacancy], in the office or absence or abstention from duty on the part of the Superintendent of any Jail shall be forthwith reported, by such Superintendent or, in his absence, by the Deputy Superintendent or, Senior Officer of the jail then present, to the Magistrate of the District.]

62. Superintendents of Central Jails. - The appointment of an officer to be Superintendent of a Central Jail is specially made by Government.

[63. Superintendents of District Jails. Conditions as to first appointments. - In the case of District Jails in respect of which no special officer is appointed to the office of Superintendent, the office of Superintendent shall ordinarily be held by the Civil Surgeon for the time being of the district in which such Jail is situated :]

Provided that no officer appointed to the office of Civil Surgeon who has not previously held charge of a jail, may be appointed to be the Superintendent of a jail, without the previous approval of the Local Government.

Note - For the purposes of the proviso to clause (1) of this rule the Magistrate of the District shall, if he desires to recommend a Civil Surgeon who has not previously held charge of a jail, for appointment to the office of Superintendent, forward to the Inspector-General sufficient evidence that the officer whom he recommends -

(a) possesses an adequate colloquial knowledge of the vernacular for the purposes of discharging the duties of Superintendent;

(b) is acquainted with the Prisons Act, 1884, and the rules, regulations, orders and directions, respectively, made and issued thereunder; and

(c) possesses sufficient knowledge of the Prisons Act, Prisoners Act, Code of Criminal Procedure and other laws to enable him to efficiently discharge the magisterial and other functions appertaining to the officer in charge of a jail.

64. Cancelled.

[65. Exercise of power of Superintendent and Medical Officer. - All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the Local Government may appoint in this behalf either by name or by his official designation.]

[66. Duties of Superintendent generally stated. - (1) Subject to the orders of the Inspector-General, the Superintendent shall manage the prison in all matters relating to discipline, labour, expenditure, punishment and control.]

[(2) Subject to such general or special directions as may be given by the Local Government, the Superintendent of a prison other than a central prison or a prison situated in a presidency town shall obey all orders not inconsistent with the Prisons Act or any rule thereunder which may be given respecting the prison by the District Magistrate, and shall report to the Inspector-General all such orders and the action taken thereon.]

[67. Duties of Superintendent with regard to records. - Under Section 12 of Act IX of 1894, the Superintendent is required to keep or cause to be kept, certain specified records and such other records as may be prescribed under Section 60 or 50 of the said Act.]

[68. General duties of the Superintendent. - It shall be the duty of every Superintendent of a Jail to -]

(a) provide for the support, care and custody of and control over, all prisoners at any time confined in the jail;

(b) maintain order and discipline amongst the prisoners confined, and the Subordinate officers employed, in the jail;

[(d) inquire into and adjudicate upon all alleged prison-offences and breaches of discipline and to punish all those who are found guilty of having committed any such prison-offence or breach of discipline in due course of law;] and

(e) generally to take all such measures as may be necessary or expedient for the proper protection and management of the jail and of all prisoners at any time confined therein and for the purpose of giving effect to and enforcing the provisions of the Prison Act, 1894, and all rules, regulations, orders and directions made or issued thereunder, as may be applicable thereto or to any prisoner confined therein or any officer thereof.

[69. Duties discharged subject to control. - The Superintendent shall discharge his duties subject to the control of and all orders passed by him shall be subject to revision by the Inspector-General.]

[70. Superintendent to visit Jail daily. First duty at each visit. - (1) The Superintendent shall visit the jail at least once on every working day, and on Sundays and holidays also whenever special circumstances render it desirable that he should do so if, from any cause, the Superintendent is prevented from or unable to visit the jail on any day on which he is by this rule, required so to do, he shall record the fact and cause of his absence in his journal.]

[(2) The first duty of the Superintendent, on the occasion of his daily visit to the jail, shall be to release time-expired convicts, in accordance with the provisions of the law and these rules in that behalf, and shall in discharging this duty, in particular, observe the rules relating to the return of their private property and the grant of proper subsistence allowance to such convicts.]

71. Prisoners to be seen daily, in certain cases once every two days. - The Superintendent of a District Jail shall, as far as practicable, see every prisoner in his charge daily and the Superintendent of a Central Jail shall likewise see every prisoner in his charge once in every two days.

[71A. Inspection of food by Superintendent. - The Superintendent of a Jail shall inspect the food prepared for prisoners' meals at least three times in each week.]

72. Superintendents who are Civil Surgeons, may absent themselves for specified periods. - (1) A Superintendent who is also a Civil Surgeon or in Civil Medical charge of a district -

[(a) shall not, except with the permission of the District Magistrate first obtained, go on tour so as to prevent his daily visit to the jail for more than two consecutive days;] and

[(b) may, with the consent of the District Magistrate, absent himself for two periods during the year of not less than ten or more than fourteen days' duration each, the District Magistrate being responsible that satisfactory arrangements are made for the Medical and Administrative superintendence of the Jail, during such absence.]

(2) Cancelled.

(3) When any Superintendent is permitted to absent himself from visiting his jail for more than two consecutive days, the arrangements made for the performance of his duties during his absence shall be reported to the Inspector-General.

[(4) Superintendents of Jails proceeding on tour for the periods specified do not forfeit their jail allowances, the officers acting for them being deemed to be in charge of the current duties only.]

[73. Superintendent to visit Jail periodically at night. - The Superintendent shall visit the jail after lock-up and between the hours of sunset and sunrise, -]

(a) if he is a whole-time Superintendent at least once a fortnight,

(b) if he is a part-time Superintendent at least once a month.

and shall satisfy himself, at each such visit, that the jail is properly secured and guarded and that all rules and orders in any way relating to or connected with the nightly disposition of prisoners, warders and officers of the jail and the duties to be performed by warders and officers at night, are duly observed and carried out.

[Note - The number of night visits paid should be shown on the reverse of quarterly Statement No. 1 (Form No. 17).]

[74. Jails to be inspected and maintained in an efficient state. - The Superintendent shall frequently visit and inspect every barrack, yard, cell, workshop and latrine, as well as the armoury, warders lines and every other part of the jail and its precincts and all premises belonging or attached thereto, or connected therewith, and shall satisfy himself that all buildings, structures, enclosing walls and the like are secure and are maintained in the best possible state of repairs, and that every part of the said jail precincts and premises is kept clean and in an efficient sanitary condition.]

[75. Superintendent to visit hospital. Measures to prevent the spread of disease. - The Superintendent shall visit the Jail hospital frequently and shall carry into effect, or cause to be carried into effect, all written directions given by the Medical Officer in regard to the proper segregation of prisoners suffering, or believed or suspected to likely to suffer, from any infectious or contagious disease. He shall, whenever necessary, and without delay, take all reasonable measures for cleansing and disinfecting every place at any time occupied by any such prisoner and for washing, disinfecting, by fumigation or otherwise, or destroying, as may be most expedient, all wearing apparel, bedding or other articles which are infected or foul or may be believed or suspected to be infected or foul.]

[76. Superintendent to visit jail garden at least once a week. - The Superintendent shall visit the jail garden at least once a week and satisfy himself that all necessary measures are being taken therein for the purpose of cultivating and producing an ample and continuous supply of vegetables, condiments and anti-scoubics for consumption by the prisoners; that the land included in the garden is kept in proper order and free from weeds, that the trenching of filth and refuse from the jail is effectively and duly conducted, that stable litter and other manure is suitably disposed of and that the premises generally are maintained in good sanitary condition.]

77. Superintendent to see to the storage of grain. - The Superintendent shall see that at the proper season when grain is cheapest, a sufficient quantity of each kind of grain required for consumption by the prisoners and for which there is storage room, is duly stored for use; that proper arrangements are made for the preservation of the grain, and that the grain so stored is of good quality. He shall also render superintendence of other jails all the assistance in his power in the purchase of foodstuffs or other articles that may be procurable at his station at favourable rates.

[78. Superintendent to check the stock and plant half-yearly. - The Superintendent should check every article of store at least once in six months and record in the remarks column of the store register whether the balance checked on a certain date was correct or incorrect and what discrepancies if any, were noted. A note of this check should also be made in his journal and the discrepancies, if any, should be reported to the Inspector-General at once.]

Note 1. - The checking of articles should be so arranged that the Superintendent checks one-half in one quarter which the Dy. Superintendent should check in the second quarter and vice versa. In this way every article will be checked once in three months either by the Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the I.G. in form No. 52 soon after the 1st January, and the 1st July, each year. The Superintendent on taking over charge, need not check the stores, but he should examine the books to see what articles have not been checked by his predecessor in the half year and should check these during the remaining period of the half year.

Note 2. - When shortages are found as a result of a check made in any of the stores, or as a result of an audit report by the Accountant- General, Punjab (Outside Audit Section), the Superintendent shall take immediate action to fix responsibility for the shortages among the officials concerned.

If the total value of the stores found short does not exceed Rs. 50, he will conduct the necessary enquiry and submit his report in a self-contained form with a recommendation to the Inspector-General for orders. If the total value of the shortages exceeds Rs. 50, he will conduct an enquiry strictly in accordance with paragraph 182 of the Punjab Jail Manual against the officials whom he thinks are responsible for the shortages and submit his report with recommendations to the Inspector-General for orders.

[79. Weekly inspection parade of prisoners. - (1) The Superintendent shall hold a weekly parade of all prisoners for the time being confined in the Jail for purposes of muster and inspection. The parade shall ordinarily be held on the Monday of each week.]

(2) At each parade held under the preceding clause, the Superintendent shall satisfy himself -

[(a) that every prisoner is properly classified as provided in the rules in that behalf;]

[(b) that every prisoner is provided with proper clothing and bedding as provided in the rules in that behalf;]

[(d) that the provisions of the remission rules are understood by the prisoners, and that each prisoner knows the extent of remission (if any) thereunder which he has earned;] and

(e) generally that the rules and orders applicable to prisoners are being duly carried out.

(3) The Superintendent shall, at every such parade, hear every request or complaint (if any) which any prisoner may desire to make and shall, in due course, inquire into and pass orders thereupon.

[Note - On such parades, every prisoner shall neatly arrange his bedding, spare clothing, history ticket, cup and platter on the front end of his sleeping mat and sit or stand at attention at the other end, exposing the palms of his hands to the Superintendent's view.]

[80. Checking and counting prisoners twice daily. - The Superintendent shall cause the prisoners to be checked and counted at least twice on each day, namely, at the hour of opening the wards in the morning and of locking up the prisoners in the evening.]

[81. Jail business to be transacted on Jail premises. - The Superintendent shall ordinarily transact all business relating to the jail on the premises thereof, and shall not, otherwise than in cases of necessity or emergency, require the attendance of the Deputy Superintendent or Assistant Superintendent at any place without and beyond such premises.]

82. Distribution of duties amongst subordinate officers. - [The Superintendent shall record, or cause to be recorded, in writing, an order showing the distribution of duties amongst subordinate officers and the nature and extent of the ditties allotted to each such officer :]

Provided that nothing contained in any order recorded under this rule shall be deemed in any way to relieve the Deputy Superintendent of his general responsibility, under the Superintendent, for the entire management of the jail, or to relieve the Deputy Superintendent or any other subordinate officer of his liability to discharge any duty on him imposed by any law or rules for the time being in force.

Note - The division of labour amongst officers employed in the Jail Office should be so allotted as to enable the Superintendent to fix responsibility for errors in the jail records, with precision and without leaving any possibility of dispute. A copy of the distribution of clerical work will be put up an maintained in a conspicuous place in the Jail Office.

[83. Superintendent to inquire into all prison-offences and record punishments. - The Superintendent shall hold an inquiry touching every offence committed or alleged to have been committed by a prisoner and punish such offence in the manner in that behalf provided in the law and rules relating to punishment. He shall record, with his own hand, all orders for punishment and shall satisfy himself that every punishment so ordered is duly carried into effect in accordance with law :]

Provided that if from any cause the Superintendent is, at any time, physically incapacitated from making such record, he shall cause the same to be made in his presence and under his directions.

[84. Superintendent to visit jail when an unusual occurrence is reported. - When the Deputy Superintendent reports any unusual occurrence requiring immediate action, the Superintendent shall forthwith proceed to the jail to investigate the case and take such measures as may under the circumstances be necessary. He shall make a report of the matter in his journal.]

85. Record of sentence of whipping to be made by Superintendent. - The order for the punishment of any offence not punishable by whipping, shall be entered by the Superintendent on the prisoner's history ticket, and such order may be copied into the prescribed register of punishments by a subordinate officer. In every case in which the punishment of whipping is ordered, the Superintendent shall make the necessary entries on the history ticket of the prisoner concerned and shall also himself enter the punishment and other particulars prescribed by Section 51 of the Prisons Act, 1894, in the punishment-book and shall initial the entries so made.

[86. Appointment and punishment of subordinate officers. - (1) The Superintendent shall exercise such powers, in regard to the appointment and punishment of subordinate officers, as are specified in the rules relating to such officers.]

[(2) The Superintendent may at any time, inquire into and record his opinion on the conduct of any subordinate officer. In conducting all such inquiries he shall be guided by the provisions of the rule in that behalf hereinafter contained.]

[87. Superintendent to report all important occurrences. - The Superintendent shall report at once by telegram to be followed by a detailed report to the Inspector-General, as they occur -]

[(a) all serious breaches of jail discipline;]

(b) every case in which any prisoner escapes or attempts to escape or is recaptured or commits suicide or dies from or receives a serious injury;

(c) all outbreaks of epidemic disease, or disease which may be likely to assume an epidemic form, amongst the prisoners or officers of the jail, and the measures taken to prevent the spread thereof;

(d) all serious cases of overcrowding, and all such other matters as the Inspector-General may, from time to time in his discretion, by general or special order in that behalf, require to be so reported to him by the Superintendent.

[88. Superintendent to accompany Inspector-General or official visitor. - (1) The Superintendent shall accompany the Inspector-General whenever that officer visits the jail for the purpose of inspecting the same or any part thereof and shall take all necessary measures to facilitate the inspection and secure the safety of the inspecting officer.]

(2) The Superintendent shall, if so desired, similarly accompany any official visitor during his visit to the jail.

[89. Superintendent to exercise vigilant control over receipts and expenditure. - (1) The Superintendent shall at all times exercise a vigilant supervision and control over all moneys and property of whatever kind received by him or by any subordinate officer, or at any time in his charge or in the charge of any subordinate officer, for or on account of the Government, the jail or any prisoner at any time confined therein, and overall expenditure of every kind incurred by him or under his authority or orders or under the authority of any rules in that behalf for the time being in force on the upkeep and management of the jail and the maintenance of the prisoners for the time being confined therein or in any way relating thereto or connected therewith, and shall cause proper accounts and vouchers of all such receipts and expenditure and property to be regularly kept and audited in accordance with the provisions of these rules and of the rules and orders regulating the management of the public accounts for the time being in force in that behalf.]

(2) The Superintendent shall be personally liable for all defalcations, loss or damage in any way due or attributable to any negligence, disobedience or misconduct on his part.

Note - The Superintendent is required to keep a constant watch over Jail receipt and expenditure; to promote all possible economy in every department and to carefully examine all demands and indents before sanctioning them or submitting them for sanction. He should frequently satisfy himself, by personal inspection that the registers and books of account are regularly and duly written up; that daily entries are made in day books; that cash balances correspond with those entered in the books and that the latter are correct, and that outstandings are not allowed to remain unrealised longer than necessary. The Superintendent is liable for defalcations on the part of any member of the Jail establishment which have been in any way facilitated or rendered possible by any neglect of duty or omission on his part to exercise effective supervision. The rules of the Accounts Department are to be observed in all matters of accounts in addition to the rules made under the Prisons Act and the orders of the Inspector-General.

90. Supplies to be promptly paid for. - The Superintendent shall satisfy himself that all supplies are paid for at the time they are purchased, or as soon afterwards as possible.

[91. Superintendent to give effect to the requisitions of the Medical Officer. - The Superintendent shall carry into effect all requisitions, in writing, of the Medical Officer, as to the provision of extra bedding or clothing or the alteration of the diet of any prisoner, or with respect to any alteration of discipline or treatment in the case of any prisoner whose mind or body may, in the opinion of the Medical Officer, require it.]

[92. Superintendent to enter his orders in order book. - The Superintendent shall enter in a journal to be maintained for the purpose, every order given by him relating to the management and discipline of the jail, and shall satisfy himself that every such order is duly carried into effect.]

[93. Procedure upon change of officers appointed Superintendent. - When any officer is about to take over charge of the office of Superintendent of any Jail he shall, before doing so, satisfy himself that all records and registers are up-to-date and in good order, and that the cash balances, permanent advance and accounts are complete and duly kept. He shall make a note, in writing of the defects, deficiencies or irregularities (if any) detected either at the time of taking over charge or within one month thereafter, and shall inform the Inspector-General thereof.]

[94. Reports and statistics to be supplied by Superintendent. - (1) The Superintendent shall, from time to time, regularly and punctually submit to the Inspector-General all such special or periodical -]

(a) returns of statistical information;

(b) statements of account in respect of receipts, expenditure and property;

(d) reports and other information;

as that officer may, at any time by general or special order in that behalf, prescribe, or as may be required by any of the provisions of these rules or of the orders of the Local Government.

(2) As soon as conveniently may be after the close of but not later than the thirty-first day of January, in each year, the Superintendent shall furnish to the Inspector-General with a report on the administration of the jail during the preceding year. Every such report shall be in such form and shall contain such particulars, and shall be accompanied by such statistical and other statements and returns as the Inspector-General may, from time to time, prescribe in that behalf :

Provided that every such report shall notice and explain all events of importance which have occurred in the Jail during the years reported on, and all material differences in the vital, financial and other statistics, between the year reported on and the year immediately preceding the same.

(3) The annual report shall be forwarded to the Inspector- General -

(a) in the case of a Central Jail - through the Commissioner of the Division; and

(b) in the case of any other jail - through the District Magistrate.

Note - The annual report should be written on half margin foolscap.

95. Superintendent to take precautions against fire. - The Superintendent shall satisfy himself that proper precautions are taken to guard against fire. With this object he should draw up a set of rules for the guidance of officers in such cases and cause a copy of them to be posted between the jail gates or other equally conspicuous place. The rules should provide for -

(a) a signal to notify the outbreak of fire;

(b) a fire brigade organised from the members of the staff, who should be put through a fire alarm parade once a month and so accustomed to the use of scaling ladders and the various duties they may be called on to perform in case of fire;

(d) a supply of dry earth within each ward at night to extinguish any lamp that may burst or become a source of danger and the instruction to the convict officers as to what they should do in such cases; and

(e) the key of any ward or compartment where prisoners are confined at night being readily distinguishable from other keys, so that prisoners in a burning building can be promptly removed.

Section II

The Medical Officer

[96. General duties of Medical Officer. - Subject to the control of the Superintendent, the Medical Officer shall have charge of the sanitary administration of the prison, and shall perform such duties as may be prescribed by rules made by Local Government under Section 60 of the Prisons Act.]

[97. The Appointment of Medical Officer. - If there is no whole-time Medical Officer, the Chief Medical Officer or Senior Medical Officer of the District in which the Jail is situated shall be Medical Officer of the Jail.]

[98. Temporary absence of the Medical Officer. - Whenever the Medical Officer of a district Jail is temporarily absent from the station, his duties shall be performed by Senior Medical Subordinate of the station, and, in the case of a Central Jail, the temporarily duties of the Medical Officer shall be preformed by the Senior Medical Subordinate of the Jail under the supervision of the Chief Medical Officer or of a Senior Medical Officer whenever possible.]

[99. Medical Officer to visit jail daily and take measures to secure the health of prisoners. - (1) It shall be the duty of the Medical Officer to visit the Jail at least once a day, except on Sundays, and on that day also when ever necessary; should circumstances render that course desirable, the Medical Officer shall visit the jail oftener than once a day. He shall visit every part of the Jail and its precincts and premises frequently.]

[(2) The Medical Officer shall take all such measures as may be necessary or expedient for the maintenance of the Jail and its surroundings in a thoroughly sanitary state and the prisoners in sound health.]

100. Mode of recording directions and recommendations of Medical Officer. - (1) Any directions (other than directions which are to be carried out by the Medical Officer himself or under his personal superintendence) which the Medical Officer may think fit to give in respect of the treatment of any prisoner shall be entered on the history-ticket of the prisoner concerned.

(2) Every recommendation relating to the prisoners generally, or to any gang, body or class of prisoners or affecting the medical or sanitary administration of the jail in general, which the Medical Officer may think fit to make, shall be entered by him in his journal.

[101. Record by Medical Officer on admission and discharge of prisoners. - In addition to complying with the provisions of Chapter IV of Prisons Act, 1894 in regard to the admission, removal and discharge of prisoners, the Medical Officer shall record or cause to be recorded, under his superintendence :-]

[(1) at the time of the admission of every prisoner to the jail, in the history-ticket of such prisoner -]

(a) the state of the prisoner's health;

(b) the prisoner's age and weight;

(c) if sentenced to labour, the class of labour (if any) for which the prisoner is, in the opinion of the Medical Officer, fit; and

(d) any other observations which the inspection of the prisoner may disclose and which should in the opinion of the Medical Officer, be made.

(2) at the time of the discharge of every prisoner from the jail, the Medical Officer shall enter in the proper register, the state of health and the weight of the convict so discharged.

[102. Vaccination of convicts. - (1) The Medical Officer shall, as soon as conveniently may be after admission to jail, vaccinate or cause to be vaccinated every healthy convict who is not protected against small- pox.]

[(2) It is unnecessary to require the vaccination of prisoners who on admission to jail-]

(a) are protected against small-pox, in the sense either of showing unmistakable signs of having suffered from the disease, or of bearing clear and well defined marks of previous vaccination, or

(b) whether "protected" or not are to undergo sentences which will detain them in jail for a period not exceeding one month.

(3) The Officer in medical charge of a jail has full discretion to dispense with vaccination or revaccination in any case including those of the nature specified in clauses (1) and (2) in which he considers it undesirable or unnecessary.

[103. Duty with regard to sick prisoners and malingers. - (1) The Medical Officer shall daily visit the sick in the hospital and shall examine every prisoner who may complain of any illness and may, if necessary, direct the admission of any such prisoner to hospital.]

(2) If at any time the Medical Officer is of opinion that any prisoner is malingering, he shall forthwith report the fact to the Superintendent.

[104. Medical Officer to report in certain cases. - Whenever the Medical Officer has reason to believe that the mind of a prisoner is or is likely to be, injuriously affected by the discipline or treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent together with such observations as he may think proper.]

This report, with the orders of the Superintendent thereon, shall forthwith be sent to the Inspector-General for information.

[105. Medical Officer to inspect the jail and jail garden. - (1) The Medical Officer shall at least once in every week, inspect every part of the jail and the premises, belonging or attached thereto, and shall satisfy himself that nothing exists therein which is likely to be injurious to the health of the prisoners; that the system of drainage is satisfactory and in good working order that the water supply is pure and unpolluted, and is not liable to pollution from any source; that adequate precautions are being taken against over-crowding in wards, cells and other compartments, and that the ventilation and cleanliness of barracks, wards, cells and other compartments, workshops, latrines, and the like, are duly provided for and attended to. He shall also frequently inspect the cook-houses and test the weight and quality of the rations both before and after cooking. He shall report to the Superintendent any matter which, in his opinion, demands attention, provided that in any case in which the Superintendent considers it inexpedient to accept the recommendation of the Medical Officer both the recommendation and the Superintendent's objections should be forwarded to the Inspector-General for final orders.]

(2) The Medical Officer shall frequently visit and supervise the management of the jail garden and shall satisfy himself that the provisions of paragraph 76, in regard thereto, are duly attended to, and shall bring any defect or deficiency to the notice of the Superintendent.

[106. Medical Officer may add to or vary diet in certain cases. - The Medical Officer may, in his discretion, make any addition to or alteration in the diet for the sick, convalescents, the aged and the young and in respect of gangs specially employed, which he may deem necessary on medical grounds.]

[107. Medical Officer to inspect cemetery. - The Medical Officer shall occasionally inspect the cemetery of the jail, and shall satisfy himself that it is maintained in a satisfactory sanitary condition.]

[108. Medical Officer's duty on the appearance of epidemic. - (1) The Medical Officer shall, in the event of the appearance of epidemic disease of any kind among the prisoners or officers of the jail, be responsible that all measures and precautions which may be necessary or expedient to meet the emergency and prevent the spread of the diseases are promptly taken and that the rules and orders regulating such matters are fully enforced.]

(2) Immediately upon the appearance of any case of infectious disease or any disease which is likely to assume an epidemic form, the Medical Officer shall report the fact to the Superintendent, for the information of the Inspector-General, together with any recommendations which he may think fit to make in view to prevent the spread to the disease and otherwise deal with it.

[109. Special action in cases of cholera. - The Medical Officer shall maintain a special record, in the prescribed form, of all cases of cholera, whether sporadic or epidemic, and shall furnish the necessary report required by the directions for the time being in force in that behalf.]

[110. Attendance on officers. Examination of candidates. - (1) The Medical Officer shall render proper medical attendance, not only to the prisoners but also to all officers of the jail.]

[(2) The Medical Officer shall examine every candidate for employment as a subordinate official who may be sent to him for the purpose, and shall make a report of the result thereof to the Superintendent.]

[111. Duty of Medical Officer upon the death of any prisoner. - (1) In the event of the death of any prisoner the Medical Officer shall see, and if necessary, examine the body of the deceased prisoner, so that he may, in every case, be in a position to certify to the fact and cause of death. When the Medical Officer is in any doubt as to the cause of death and in every case in which death appears or is likely to have been the result of an offence punishable under the Indian Penal Code, he shall make a complete and regular post-mortem examination of the body of the deceased. In the event of several deaths resulting from any prevailing epidemic a post-mortem examination shall be made in one or more cases to be selected by the Medical Officer.]

(2) The provisions of clause (1) shall, mutatis mutandis, apply to the case of a death occurring amongst the officers of the jail while employed on duty at or within such jail.

[112. Record to be made on death of prisoner. - On the death of any prisoner, the Medical Officer shall forthwith record in a register the following particulars, so far as they can be ascertained, namely :-]

(1) the day on which the deceased first complained of illness or was observed to be ill;

(2) the labour, if any, on which he was engaged on that day;

(3) the scale of his diet on that day;

(4) the day on which he was admitted to hospital;

(5) the day on which the Medical Officer was first informed of the illness;

(6) the nature of the disease;

(7) when the deceased was last seen before his death by the Medical Officer or Medical Superintendent;

(8) when the prisoner died; and

[(9) (in cases where a post-mortem examination is made) an account of the appearances after death;]

together with any special remarks that appear to the Medical Officer to be required.

Note - The necessary record shall be made in the Medical Officer's journal.

[113. Medical Officer to comply with duties imposed by the Inspector- General. - The Medical Officer shall duly observe and comply with all directions issued by the Inspector-General as to the duties which he is to perform and the manner in which he is to perform them. He shall furnish such periodical statistical and other information and reports, in respect of sickness and mortality amongst prisoners, the sanitation of the jail and other matters pertaining to his duties as may from time to time be prescribed by the Inspector-General in that behalf.]

114. Duties of the Medical Officer with regard to medicines, medical stores and indents. - The Medical Officer shall -

(a) submit for the sanction of the Inspector-General, a yearly indent (M.S.D. 134, 135) for medicines and medical stores;

(b) keep or cause to be kept a proper account of medicines, instruments and appliances;

(d) from time to time examine the medicines in store to assure himself that they are in a fit condition for use;

(e) regularly check the account of bazar medicines;

(f) be responsible that all European medicines, instruments and appliances debited to the jail bazar medicines medical stores charged in the jail accounts are faithfully and solely expended in the service of the jail; and

(g) submit a report to the Inspector-General every year in January on the medical and sanitary administration of the jail.

Section III

The Medical Subordinate

115. Appointment, &c, in whom vested. - The appointment, transfer and punishment of Medical Subordinates attached to jails rest with the Administrative Medical Officer.

116. Matters concerning Medical Subordinates whose only connection is with the jail. - Every Medical Subordinate whose only duty is in connection with jail -

[(a) is entitled to draw the ordinary pay of his grade, and such special allowance as the Local Government has sanctioned for the particular jail to which he is attached on condition that his duties have been satisfactorily performed;]

[(b) is entitled to free quarters; if such quarters are not available, he shall reside near the jail in a position approved by the Superintendent and shall be entitled to house-rent in lieu thereof;] and

(c) shall not engage in private practice nor absent himself from the jail premises without the permission of the Medical Officer.

117. Special allowance may be stopped for unsatisfactory work. - Any special allowance granted to a Medical Subordinate under the preceding paragraph shall be withheld by the Inspector-General or by the Superintendent, with the sanction of the Inspector-General, for any month during which, in the opinion of either of those officers, the medical work of the subordinate was unsatisfactory. The allowance cannot be stopped for any other reason.

Note. - The stoppage of the allowance is not a punishment but a refusal to pay what has not been earned under the terms on which the allowance is granted. It must be stopped for the whole month or not at all.

[118. Procedure when Medical Subordinate commits an offence. - If a Medical Subordinate commits an offence other than an offence punishable by law, a report shall be made to the Inspector-General for transmission to the Administrative Medical Officer, the subordinate being, if necessary, placed under suspension pending the receipt of orders.]

[119. Medical Subordinate to obey orders of certain officers. - (1) In all matters relating to or connected with the feeding, clothing and medical treatment of hospital patients and other professional duties, the Medical Subordinate shall obey the orders of, and discharge such duties as may from time to time be lawfully assigned to him, by the Medical Officer. In matters relating to or connected with the maintenance of order and discipline in and the general management of the jail, he shall obey the orders of the Superintendent and the Deputy Superintendent, respectively.]

(2) In every jail the Medical Subordinate shall record in his report book and report to the Medical Officer, all orders given to him by the Superintendent or Deputy Superintendent.

[120. Medical Subordinate to inform Medical Officer of deaths. - The Medical Subordinate shall, without delay, inform the Medical Officer of every report made to him under Section 17 of the Prisons Act, 1894.]

121. Hours of duty of Medical Subordinates. - (1) In Jails where there are two or more Medical Subordinates their duties shall be so arranged by the Medical Officer that the work is fairly distributed and that one or other of them shall be always present throughout the day. They shall, when circumstances permit, be required to sleep in turn in the hospital from 10 p.m. until the unlocking of the jail next morning. They shall all be present whilst the Medical Officer is visiting the sick, and at such other times as he considers necessary.

(2) In jails where there is but one Medical Subordinate, whose sole duty is in connection with the jail, he shall remain present throughout the day except when allowed to be absent for meals. When the Medical Subordinate of a neighbouring institution attends to the jail, he shall pay a visit in the early morning and another in the evening before lock-up. The Medical Sub- ordinate should visit the hospital frequently at night when any prisoner is seriously ill and see that the medicines and food prescribed have been distributed, he must be prepared at all times to attend when his services are called for.

122. General duties of a Medical Subordinate. - The general duties of a Medical Subordinate are -

(1) to be present at the opening of the wards, attend to any prisoners who complain of sickness and, if necessary, send them to hospital or bring them before the Medical Officer, having distributed the necessary medicines to out-door patients, to visit the hospital, do whatever is needful there, and note the condition, progress and temperature when necessary, of each case on the bed-head tickets.

[(2) to visit the "convalescent" gang and any prisoners kept under observation, every morning; distribute such medicines as may be necessary, satisfy himself that the prisoners get the food, clothing, bedding and rest ordered for them, and that no prisoner is removed from the "convalescent" gang without the authority of the Medical Officer,]

[(3) to visit all prisoners confined in cells daily, and report to the Medical Officer any complaint that may have been made to him;]

(4) to keep all poisons under lock and key and retain the key in his possession, be responsible that such poisons are properly labelled and kept separate from other drugs and not to allow any convict attendant to handle any poison or vessel containing poison;

(5) to make the necessary indents for all hospital supplies, and see that the food for the sick is properly prepared and distributed;

(6) to keep all the hospital registers written up to date, be responsible for their safety, and prepare, and submit to the Medical Officer at the proper times, all monthly and other returns;

(7) to be responsible that the surgical instruments and appliances are kept in good order, that the clothing and bedding are marked in the prescribed manner and that all articles issued for use in hospital are safely stored and kept clean;

[(8) to be responsible that cleanliness, order and discipline are maintained in the hospital, that the dispenser and attendants perform their duties, and that any excess or deficiency, of attendants is brought to notice;]

(9) to keep a vigilant watch on any prisoner suspected of malingering or whose soundness of mind is a matter of doubt, and report the result of his observations to the Medical Officer;

(10) to be present at the various parades frequently and separate for treatment of any prisoner who appears not to be in his usual health; and

(11) to arrange that all cases of bowel-complaint are as far as circumstances permit, treated in a separate ward; that the evacuations of such patients are, when necessary, kept for the inspection of the Medical Officer and are subsequently properly disinfected and disposed of, to accompany the Medical Officer when the latter visits the jail, and give effect at once to any order given by him relating to the health of the prisoners or the sanitation of the jail.

123. Examination of newly admitted prisoners. - The Medical Subordinate shall examine all newly admitted prisoners carefully and, under the supervision of the Medical Officer, record in the admission register and history-tickets, all the particulars required by paragraphs 101 and 475, and to satisfy himself that the private clothing of newly admitted prisoner is cleansed and, if necessary, disinfected before removal to the godown.

Note - When a prisoner with injuries on his body is admitted into a prison from Police custody, his medical examination shall be conducted in the manner prescribed in sub-para (1) of para 475 as inserted with correction slip No. 148.

124. Duties as regards vaccination, pregnancy and serious disease. - It is the duty of the Medical Subordinate -

[(a) under the supervision of the Medical Officer, to see that every unprotected healthy convict who has to undergo a sentence which will detain him for a period exceeding one month in the jail is vaccinated as soon as possible after conviction, and record the result in the history-ticket, or, in the case of a child, in the history-ticket of its mother;]

(b) if he has reason to believe that any female prisoner is pregnant, to report the circumstances to the Medical Officer; and

(c) to bring promptly to the notice of the Medical Officer, and Superintendent any case of suspected cholera, infectious disease, serious injury or other serious case.

125. Duties as regards food and its distribution. - It is the duty of the Medical Subordinate -

[(a) to inspect the food godowns and kitchens daily to see that they and all vessels for cooking or distributing food are clean, and that the food is of good quality, properly prepared, cooked, and in the prescribed quantity both in the raw and cooked condition, to keep samples of anything he considers to be unwholesome for the inspection of the Medical Officer; to see that the milk is properly boiled before issue and to inspect the food supplied to civil and unconvicted criminal prisoners by their friends; and]

(b) to examine the food before it is distributed, be responsible that the proper quantities of oil, salt and anti-scorbutics have been added and thoroughly mixed and bring to the notice of the Medical Officer any prisoner who constantly leaves a portion of his food uneaten.

126. Duties as regards water supply, sanitation and ventilation. - It is the duty of the Medical Subordinate -

(a) to examine periodically the wells or other sources of water- supply and bring to notice any defect in quantity or quality, to examine daily all vessels in which drinking water is stored or conveyed, and see that they are kept clean,

(b) to inspect daily all latrines and urinals, see that they are kept clean, and that a sufficient quantity of dry earth is used and stored, and

(c) to see that the ventilation of the hospital, sleeping wards, and workshop is properly attended to according to the season, and that the prisoners are not exposed to undue draught or to rain beating in.

[127. Duties as regards the dairy. - The Medical Subordinate shall examine the cow houses, dairy and milk-vessels daily and see that they are kept clean, keep a record of the quantity of milk obtained and issued each day and report to the Superintendent whenever it is not all issued to prisoners.]

[128. The weighment of prisoners. - The Medical Subordinate shall superintend the periodical weighment of prisoners, record each prisoner's weight in his history-ticket and report all prisoners steadily losing weight to the Medical Officer, as soon as possible after weighment.]

Note - The Medical Subordinate may be assisted by the dispenser or in large jails by an Assistant Superintendent deputed for the purpose by Superintendent.

[129. To report deaths and assist at post-mortems. - The Medical Subordinate shall forthwith report every death to the Medical Officer and Deputy Superintendent, assist at the post-mortem examination if one is made and see that the body is afterwards properly stitched up and covered.]

130. Medical aid to officers. To assist Medical Officer generally. - The Medical Subordinate shall, under the directions of the Medical Officer, afford medical aid to all officers of the Jail and others living on the Jail premises, render that officer every assistance, and report all matters which may, in any way, affect injuriously the health of the prisoners or establishment, such as -

(a) overcrowding,

(b) unreasonable or worn-out clothing,

(d) undue exposure to the weather,

(e) unpunctuality of meals,

(f) neglect to air, dry or clean clothing and bedding; and

(g) unsuitable tasks.

Section IV

The Dispenser

[131. Rules for the appointment and promotion of dispensers. - The Dispensers shall be employed in Jail Hospital on deputation from the Health Department and they will be governed by the relevant service rules.]

132. Para deleted by Haryana Correction slip No. 32 dated 9.2.84.

133. Dispensers to obey certain officer. - Paragraph 119 for the guidance of Medical Subordinates shall apply to dispensers and in addition every dispenser shall obey the lawful orders of the Medical Subordinate when such orders are not inconsistent with the instructions of the Medical Officer.

Section V

The Factory Manager

[134. Appointment of Factory Superintendent. - (1) An officer, to be called the Factory Manager, may be appointed to any Central Jail in which any special industry is carried on, for the purpose of superintending the manufactory department of such Jail in all its branches.]

(2) No person whom it is proposed to the Office of Factory Manager shall be so appointed unless and until -

(a) his appointment, and the terms thereof, shall have been sanctioned by the Local Government, and

(b) he shall have executed an agreement setting out the terms subject to which he is to hold the appointment.

(3) The Factory Manager shall take rank above the Deputy Superintendent who shall carry out all orders issued by the Factory Manager in regard to matters relating to his department :

Provided that the Factory Manager shall not have power to interfere in any way with the administration of management of the Jail in matters not directly connected with the superintendence of the manufactory department thereof.

Note - A Factory Manager is appointed to the Lahore Central Jail on a salary of Rs. 400-20-500.

[135. Factory Manager to comply with orders and obey Superintendent. - (1) The Factory Manager shall, for all purposes, be deemed to be an officer of the Jail, and shall strictly comply with each and all of the provisions of the Prisons Act, 1894, and the rules, regulations, orders and directions made and issued thereunder which may be applicable to the Jail, and shall obey the orders of the Superintendent in all matters.]

(2) It shall be the duty of the Factory Manager at all times to assist the Superintendent and all other Jail Officers in the maintenance of order and discipline and in the general management of the Jail.

[136. Suspension, removal or dismissal of Factory Manager. - Subject to the approval of, and to confirmation by, the Local Government, the Factory Manager of a Jail may, for any sufficient reason, be removed from his appointment, suspended or dismissed by the Inspector-General.]

[137. Duties and responsibilities of Factory Manager. - (1) The Factory Manager shall be responsible for the efficient management of the manufactory department and shall conduct all operations relating to the manufacture of articles in the Jail to the greatest possible advantage of the Government.]

(2) All stores maintained in the manufactory department of the Jail, whether consisting of raw material, in process of manufacture or manufactured goods, machinery, plant, tools or other articles shall be under the care and supervision of the Factory Manager, who shall at all times be liable to duly account therefor to the Superintendent.

(3) The Factory Manager shall cause proper accounts to be kept of all stores purchased, received, in stock and expended, respectively, and of all moneys of whatever kind at any time received or expended by him or under his authority or orders. He shall be responsible that all registers and accounts prescribed and relating to the manufactory department, are at all times correctly prepared and kept up-to-date that proper vouchers for all issues of stores and payments are obtained, kept in safe custody and produced when called for by the Superintendent and that his accounts are duly audited under proper authority.

(4) The Factory Manager shall periodically examine all such stores, machinery, plant, tools, raw materials, materials in process of manufacture and manufactured articles and satisfy himself that the cash, stock, materials, manufactured articles, machinery, plant and tools are equivalent to the balance shown in the accounts.

(5) The Factory Manager shall be personally liable for any defalcations, loss or damage in any way due or attributable to any negligence, disobedience or misconduct on his part.

Note - The Factory Manager is required to keep a constant watch on the receipts and expenditure of the manufactory department and all property of whatever kind relating thereto. He is liable for defalcation on the part of every officer serving under his orders which have been in any way facilitated or rendered possible by any neglect of duty or omission on his part to exercise effective supervision.

[138. Factory Manager to maintain a report-book. - The Factory Manager shall maintain a report-book in which he shall make entries of all matters requiring the orders of the Superintendent such as requisitions for prisoners, materials, machinery, tools, plant, and the like for the manufacture, sale, or despatch of goods and recommendations of every kind relating to the manufactory department. Orders relating to manufactures, passed by the Superintendent, shall be entered in the report-book.]

139. Factory Manager may purchase materials and conduct business. Detailed duties. - (1) The Factory Manager shall subject to the approval, orders and control of the Superintendent, purchase the raw materials required for use in all branches of manufacture, and for this purpose, it will be his duty to acquaint himself with the chief markets in the Province, where and at what season articles can be best bought, so that purchases shall always, as far as practicable be made in the cheapest market, and at the most favourable rates obtainable.

(2) The Factory Manager shall use every endeavour to improve the quality of the work turned out in the manufactory, and he shall be responsible that articles not according to specification are specially brought to the notice of the Superintendent. He shall satisfy himself, from time to time, that the work turned out in each branch of industry is commensurate with the labour employed and the raw material consumed.

(3) The Factory Manager shall make himself acquainted, as far as possible, with the character and industry of every prisoner working under him, and assist the Superintendent in allotting remissions and granting rewards for good work. He shall report to the Superintendent, for punishment, all prisoners failing to complete their allotted tasks or doing bad work, as well as all breaches of Jail discipline which come within his cognizance.

(4) The Factory Manager shall enter the Jail manufactory sufficiently early each morning to superintend the distribution of the labour gangs, and he shall ordinarily remain inside the Jail throughout the day.

Note-1. - Quarters shall be provided for the Factory Manager at the Jail in which he shall reside. He shall not absent himself from his duties without the permission of the Superintendent unless he is sick, in which case he shall furnish a certificate of sickness from the Medical Officer. He may absent himself for meals and other purposes at such hours and for such periods as the Superintendent may fix.

Note-2. - Unless otherwise provided by agreement, Factory Manager shall enjoy all the privileges, in regard to leave, pension, acting and travelling allowances, as are enjoyed by other officers in the Provincial Service.

Section VI

Rules, & C, Applicable to Officers Generally

(A) All Officers

140. Power regarding subordinate officers. - (1) Subject to the limits as to number and remuneration provided in the scale of establishment from time to time sanctioned by the Local Government under Section 6 of the Prisons Act, 1894, and subject to any special directions laid down by the Local Government in regard to the appointment, promotion and punishment of a particular class of subordinate officers, the final authority in regard to the appointment, transfer, promotion, removal and punishment respectively, of all officers is tabulated below :-

AUTHORITY FOR
Establishment	Appointment	Promotion	Transfer	Removal or dismissal	Reduction, stoppage of increment	Other punishments
Deputy Superintendents Senior Assistant Superintendents and Assistant Superintendents	Punjab Government	Punjab Government	Inspector-General	Punjab Government	Inspector-General	Inspector-General
European Warders	Inspector-General	Inspector-General	Inspector-General	Punjab Government	Inspector- General	Superintendent
Head Warders, Warders (Male and Female) and Gate-keepers	Superintendent, Head-quarters Jails	Superintendent, Head-quarters Jail	Superintendent, Head-Quarters Jails	Superintendent	Superintendent	Superintendent

AUTHORITY FOR
Establishment	Appointment	Promotion	Transfer	Removal or dismissal	Reduction	Stoppage of increment	Suspension up to 6 months	Other punishments
Accountants, Accounts Clerks, Store-keepers, Assistant Store-Keepers, Head Clerks, Senior Clerks, & Junior Clerks	Inspector-General	Inspector- General	Inspector-General	Inspector-General	Inspector-General	Inspector- General	Inspector-General	Superintendent
Other Subordinates	Ditto	Ditto	Ditto	Ditto	Ditto	Superintendent	Superintendent	Ditto

[(2) If in the opinion of the Superintendent any of the subordinate officers referred to in the preceding clause is guilty of an offence, which cannot be adequately punished by him the Superintendent, shall forthwith suspend such officer pending reference to and the orders of the Inspector-General.]

(3)(a) Authority empowered to order removal or dismissal. - No member of a subordinate service shall be removed or dismissed except by order of the authority by which such member was appointed.

(b) In the case of dismissal or removal or reduction or stoppage of increment of Warders and Head Warders by the orders of a Superintendent other than a Superintendent of Headquarters Jail, the confirmation of the order by the latter is necessary.

(4) Control & duties of officers of prisons. - All officers of a prison shall obey the directions of the Superintendent; all officers subordinate to the Deputy Superintendent shall perform such duties as may be imposed on them by the Deputy Superintendent with the sanction of the Superintendent or be prescribed by the rules under Section 60 of the Prisons Act.

[141. Officers not to have business dealings with prisoners. - No officer of a prison shall sell or let, nor shall any person in trust for or employed by him sell or let, or derive any benefit from selling or letting, any articles to any prisoner or have any money or other business dealings directly or indirectly with any prisoner.]

[142. Officers not to be interested in prison-contracts. - No officer of a prison shall, nor shall any person in-trust for or employed by him, have any interest, direct or indirect, in any contract for the supply of the prison; nor shall he derive any benefit, directly or indirectly, from the sale or purchase of any article on behalf of the prison or belonging to a prisoner.]

[143. Superintendent only to punish prisoners. Improper language to be avoided. - (a) No officer of any Jail, other than the Superintendent shall at any time award any punishment to any prisoner or, otherwise than in accordance with law and the orders of the Superintendent, inflict any punishment on any prisoner.]

(2) No officer of any Jail shall use violent, abusive, insulting, or unnecessarily irritating language to any prisoner.

[144. Prisoners to be treated with tact, humanity and strict impartiality. - Every officer of a Jail shall at all times avoid all conduct calculated to unduly irritate or annoy any prisoner and shall treat every prisoner with tact, good temper, humanity and strict impartiality, and shall listen, without displaying impatience or irritation, to every complaint or report which any prisoner may at any time make to him, and shall show all such kindness and consideration to every prisoner as is compatible with a firm and effective discharge of his duties. Subject to the foregoing provisions of this rule, every such officer shall firmly and fully maintain strict discipline and enforce all laws, rules, regulations, directions and orders for the time being in force and applicable to the discharge of all or any of the duties appertaining to his office.]

Note - It is important that every complaint made by a prisoner should be heard with attention, in order that if, well founded, the grievance complained of may be redressed or remedied, and that in no case should any just cause for discontent be allowed to remain.

[145. Prisoners not to be struck. Use of force regulated. - (1) No officer of any Jail shall, at any time under any circumstances or on any pretext, strike any prisoner otherwise than in the exercise of the right of private defence or in pursuance of his duty in giving effect to punishment lawfully inflicted or to any other provision of the law.]

(2) No officer of any Jail shall, in the discharge of his duties, at any time use more force than is absolutely necessary for the purpose of enforcing the law and carrying out his duties.

Note - It is lawful to use all means necessary to effect an arrest (Section 45, Criminal Procedure Code), and a prisoner has no right of private defence against prison officers' action in the discharge of their duty (Section 98, Indian Penal Code), and every officer may use all force necessary to resist any force used by prisoners against lawful authority.

[146. Prisoners not to be employed on private work. - No officer of any Jail shall, save as authorised by any provision of any rule hereinafter contained in that behalf, at any time employ any prisoner on his own private work or for his own gain or profit; nor shall any such officer at any time employ any prisoner otherwise than for the profit and advantage of the Government and in strict accordance with the provisions of the Prisons Act, 1894, and the rules made thereunder, relating to the employment of prisoners.]

[147. Immediate report of misconduct & the like to be made. - It shall be the duty of the every officer of a Jail, subordinate to or under the orders of the Superintendent to make an immediate report to that officer of any misconduct, act of wilful disobedience or breach of the provisions of any law, rules or regulations for the time being in force on the part of any other officer or any prisoner which shall at any time come to his knowledge or be committed in his presence, sight or hearing.]

[148. No Officer to enter any ward or cell alone, from lock-up to sunrise. - No officer of a Jail shall at any time enter any ward, cell or other compartment, occupied by any prisoner, from the hour such ward, cell or compartment has been locked up for the night, till sunrise the following morning unless he is accompanied by at least one other officer and then only in case of emergency.]

[149. Duty of all officers to prevent and report escapes and breaches of discipline. - (1) It shall be the duty of every officer of a Jail at all times to do all lawful acts which may be necessary, and to exercise the almost vigilance, for the propose of preventing any prisoner from breaking out of Jail or escaping or attempting to break out of Jail or escape, or from creating or attempting to create any disturbance or riot or from doing or attempting to do any other violent or disorderly act.]

(2) Every officer of a Jail is required to -

(a) take all lawful measures which may be possible to prevent the commission of any prison offence;

(b) enforce the provisions of the Prisons Act, 1894, and all rules, regulations, directions and orders for the time being in force in, or in any way applicable to, the Jail, in regard to the conduct and discipline of the prisoners and the administration of the Jail; and

(c) at the earliest opportunity to report to superior authority every breach or attempted breach or design to commit any breach of any provision of any law, rule, regulation, direction or order for the time being in force in, or in any way applicable to, the Jail or any prisoner confined therein;

(b) Subordinate Officers

150. Application of rules to the Deputy Superintendent, Medical Subordinate and others. - Unless there is something inconsistent with anything contained in any rule relating to any officer or class of officers, or repugnant to the subject or context, the rules relating to subordinate officers generally hereinafter following, shall be deemed to apply also to the Deputy Superintendent, the Medical Subordinate and all persons serving under the orders of the Medical Officers:

Provided that the rules relating to the appointment, removal, dismissal or other punishment of subordinate officers shall not be deemed to apply to the Medical Subordinate.

151. Cancelled.

[152. Certificate of fitness for employment. - (1) No candidate for employment as a subordinate officer of any Jail shall be entertained, unless and until the Medical Officer of a Jail or a Civil Surgeon certifies that he possesses the necessary qualifications.

(2) Every member of the service shall get himself vaccinated and revaccinated when the Government so directs by a special or general order.]

153. Appointments to be on probation. Reading of Section 54 of the Prisons Act. - (1) Unless in case the appointing authority, for any sufficient reason, otherwise directs, every person appointed to be a subordinate officer in a Jail shall be deemed to have been so appointed on probation and subject to confirmation in the event of his being found to be in every respect efficient and fit.

(2) The provisions of Section 54 of the Prisons Act, 1894, shall be read out and explained to every person appointed, whether temporarily or permanently to be a subordinate officer in any Jail at the time of his appointment as such, and such person shall be required to affix his signature or mark to a written acknowledgement (Form No. 164) that the provisions of this rule have been duly complied with.

[(3) Every person appointed to be a warder in a Jail shall enter into an agreement with the appointing authority not to resign his appointment within two years of the date of his appointment.]

[154. Conditions of service of subordinate officers. - (1) It shall be deemed to be a condition of the employment of every subordinate officer appointed to any Jail, that he shall be liable, in the discretion of the Inspector-General from time to time, to serve in any other Jail to which he may at any time be transferred or appointed, whether in the same or any other suitable capacity.]

(2) Every member of the Warder establishment whose name is entered in the roster of promotion maintained for any circle, shall be liable to serve at any place to which he may at any time be appointed or sent.

[(3) No subordinate officer shall after he has been confirmed in his appointment, be, without the sanction of the Inspector-General, permitted to serve in any Jail or place situated within the limits of the district in which his permanent home is so situated.]

(4) No person shall, without the previous sanction of the Inspector- General, at any time be employed as a subordinate officer in any Jail in which any relation or connection of his is confined as a prisoner or employed as a subordinate officer.

155. Duty of candidates and officers to disclose relationship, etc., with other officer or prisoner. - (1) It shall be the duty of every candidate for employment as a subordinate officer, and of every subordinate officer, of every Jail to forthwith inform the Superintendent or the Deputy Superintendent, if, at any time, there is confined in the Jail, in which he is a candidate for employment or in which he is for the time being employed, as the case may be, any prisoner -

(a) with whom he is in any way related or connected; or

(b) with whom he has or has had any pecuniary dealing or close acquaintanceship of any kind.

(2) If at any time any subordinate officer in Jail has any relationship of any kind with any other subordinate officer employed in the same Jail it shall be his duty forthwith to inform the Superintendent or the Deputy Superintendent of the fact of the existence of such relationship.

156. Persons dismissed or punished criminally not to be employed without authority. - (1) No person who has at any time been dismissed from any office in the public service shall, without the special sanction of the Local Government given upon a full statement of the facts relating to such dismissal, be deemed to be qualified for appointment as, or be at any time appointed to be, an officer of any Jail.

(2) No person who has at any time been convicted of any offence against the criminal law, and punished with imprisonment or with whipping shall, without the sanction of the Inspector-General, be deemed to be qualified for appointment as, or be at any time appointed to be, an officer of any Jail :

Provided that this qualification will not apply to person who was convicted before the partition of the Punjab in connection with political movements.

Note. - Only persons of good conduct and respectable character are to be employed as Jail Officers.

[157. Duty of candidates to disclose previous punishment. - Before any person is, whether temporarily or permanently, appointed to be an officer in any Jail, he shall be required to make a declaration that he has not at any time been dismissed from the public service or convicted of any offence and punished with imprisonment or whipping and that if appointed as a Warder he agrees that he will not resign his appointment within 2 years of date of his appointment :]

Provided that if any such person has been so dismissed or convicted and punished, he may, instead of making a declaration as aforesaid, make a full disclosure of the circumstances attending such dismissal or conviction and punishment, for the information and orders of the proper authority.

158. Prohibition against business and pecuniary transactions. - No subordinate officer shall, whether directly or indirectly, -

(a) engage in any trade, business or employment other than his duties as such subordinate officer; or

(b) lend money to, borrow money from, enter into any pecuniary transaction with, or incur any obligation in favour of any other subordinate officer or any prisoner.

159. Residence of officers in quarters provided at the Jail. - (1) Residential quarters shall ordinarily be provided at each Jail for the Deputy Superintendent, Assistant Superintendent, Medical Subordinate, dispensers and the staff of warders.

(2) Every officer of a Jail for whom any residential quarters shall at any time be provided at such Jail, shall reside therein.

(3) Every officer for whom no residential quarters are available at any Jail, shall (except in the case of Medical Subordinates holding dual appointments) reside, within such distance of the Jail as the Superintendent may from time to time in his discretion, fix in that behalf.

[160. Leave to subordinate officers. - Officers subordinate to the Deputy Superintendent shall not be absent from the prison without leave from the Superintendent or from the Deputy Superintendent.]

161. Officers not to absent themselves. Procedure in granting short leave. - (1) No subordinate officer shall, at any time, without the permission, if such officer is subordinate to the Deputy Superintendent, of the Deputy Superintendent, and, in any other case, of the Superintendent, be absent from Jail premises, whether by day or night.

(2) The Deputy Superintendent shall not, without the sanction of the Superintendent, grant leave of absence to any subordinate officer, or permit any such officer to remain absent, for any period exceeding four hours at any one time.

(3) Whenever any leave is granted by the Superintendent to any subordinate officer, he shall, at the time the leave is granted, enter the fact, and the period from which such leave is to commence, in his journal.

(4) Every subordinate officer to whom any leave shall at any time be granted shall, immediately on his return therefrom, personally report the fact of his return to the Deputy Superintendent, and the Deputy Superintendent shall forthwith record such report in his journal.

(5) The Deputy Superintendent shall similarly record in the proper register all leave granted by the Superintendent and all reports made of return from leave so granted.

[162. Absence caused by illness or other unavoidable cause. - Whenever any subordinate officer is at any time prevented by sudden illness or other unavoidable cause, from attending at the Jail or performing his duties, he shall forthwith give notice, or cause notice, of the fact to be given, to the Deputy Superintendent and shall also communicate to that officer the reasons for his absence or failure to perform his duties. The Superintendent shall thereupon make such arrangements as may be suitable and necessary for the due performance of the duties of such officer.]

[163. Officers to ascertain and perform their duties efficiently. - It shall be the duty of every subordinate officer to make himself thoroughly acquainted with the duties of his office and the law, rules and regulations for the time being in force, relating thereto, and for discharge his duties with zeal, efficiency, honesty, alacrity and regularity.]

[164. Note-book to be maintained by certain officers. - Every Deputy Superintendent, Assistant Superintendent and Head Warder, respectively, shall at all times have with him a note-book in which he shall enter every verbal order given to him by any superior officer, at the time when such order is so given.]

[165. Subordinate officers to render prompt obedience. - It shall be the duty of every subordinate officer at all times to render prompt and implicit obedience to every lawful order given to him by any officer to whom he is in any way subordinate, or under whom he is for the time being employed, and to treat every superior officer with proper courtesy and respect.]

166. Prohibition against communicating with prisoners, their relatives and friends. - No subordinate officer shall, otherwise than with the special permission of the Superintendent, at any time -

(a) correspond or hold any intercourse or communication of any kind whatever with any relative or friend of any prisoner;

(b) hold any unauthorized communication of any kind whatsoever with any prisoner;

(d) permit any discharged prisoner or any relative or friend of any such prisoner to visit or remain at his quarters;

(2) No subordinate officer shall at any time -

(a) hold any unnecessary converse with any prisoner,

(b) treat any prisoner with familiarity, or

167. Matter concerning the wearing of uniform. Cleanliness required. - (1) Every subordinate officer in respect of the office held by him, for whom any uniform is at any time prescribed by the Inspector-General, shall wear such uniform at all times when on duty, and, when off duty, within Jail premises or in any public place, may wear either uniform or private clothes. Provided that no combination of uniform and private clothes shall at any time be worn by any subordinate officer.

(2) Every subordinate officer shall at all times and on all occasions be clean and neat as to his dress, and clean as to his person.

168. Officers to remain at their beats. Idle, lounging. &c., prohibited. - (1) Every subordinate officer shall, when on duty, except when ordered by a superior officer to go elsewhere or when going to or returning from duty, confine himself to the limits of his beat or place of duty and remain thereat. Idleness and lounging about the Jail premises are at all times prohibited.

(2) No subordinate officer shall at any time, while on duty, smoke or drink, or sing or talk loudly, or cook or eat his food, or in any way conduct himself in an unseemly or disorderly manner.

Note. - All wrangling or disputes between Jail officers and servants is prohibited. Any disagreements between subordinate officers, as to any matters connected with their duties, must be at once be referred to the Deputy Superintendent.

[169. Visitors to subordinate officers. - No subordinate officer shall be at any time permitted to receive any visitor within the Jail walls, or while on duty outside the Jail.]

170. Procedure as to the making of complaints. - (1) Any subordinate officer, desiring to make any complaint of any kind shall do so, in writing, to the Superintendent, within twenty-four hours of the occurrence of the cause of complaint.

(2) The making of frivolous, vexatious or false complaints is prohibited.

[171. Combined action amongst officers prohibited. - Subordinate officers are prohibited from taking any part in any joint or combined action in view to agitating for the redress of any grievance or supposed grievance, or for any other purpose whatsoever.]

172. Care and management of keys. - (1) No subordinate officer who is at any time entrusted with any key shall under any circumstances or on any pretext whatsoever, -

(a) take any key belonging to a lock in use for securing the custody of any prisoner out of the Jail,

(b) leave any such key lying about,

(c) deliver any such key to any person other than to an officer of the Jail duly authorised to receive such key or to have the care or custody thereof, or

(d) leave his post or duty or the Jail without delivering such key to the officer duly authorised to receive the same from him.

(2) The key of any ward, cell, compartment, godown, main gate, or main gate wicket, shall not, under any circumstances or on any pretext, be at any time made over to any prisoner.

Note 1. - If any key is lost or mislaid, the lock or locks to which it belongs shall at once, be put out of use, and the officer responsible for the loss shall be liable to replace both lock and key at his own expense. Keys should ordinarily be slung on a chain which should be worn round the neck or secured to the waist-belt.

Note 2. - Superintendent of a Jail requiring a duplicate key to replace the original which has become worn or unserviceable may obtain it from the Superintendent of the Central Jail, Lahore, by whom all duplicate keys of locks in use in Jails are retained, on his furnishing that officer with a certificate to the effect that the original has been destroyed in his presence.

173. Subordinate officer not to withdraw from the service without notice. - No subordinate officer shall, without the permission in writing, of the Superintendent be at liberty to withdraw himself from the duties of his office, or to resign his office, unless he shall have given to the Superintendent notice, in writing, for a period of not less than two months of his intention to so resign and the period of such notice shall have expired.

Note. - This rule merely adds to Section 54 of the Act particulars showing whose permission is necessary and to whom notice must be given in regard to the matters dealt with therein.

174. Prohibition against sleeping on duty and committing other irregularities. - No subordinate officer shall at any time -

(a) be in a state of intoxication;

(b) sleep while on duty;

(c) enter or permit any person to enter, any enclosure, yard, ward, cell, compartment or other part of a Jail reserved for or allotted to the use of or for occupation by any female, otherwise than at the times and in the manner prescribed in that behalf by proper authority;

(d) commit, or permit or abet the commission of, any irregularity in the supply or distribution of food, clothes or other articles to or amongst any prisoners;

(e) display cowardice while in the discharge of any duty of his office;

(f) be guilty of any act of insubordination, disobedience or breach of duty; or

(g) malinger or render himself unable or unfit to discharge his duties or any of them.

(c) Punishments.

175. Offences by prison subordinates. - (1) Every Deputy Superintendent, or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach, neglect of any rule or regulation or lawful order made by 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 on conviction before a Magistrate to a fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.

(2) No person shall under this section be punished twice for the same offence.s

176. Cancelled.

176A. Cancelled.

176B. Cancelled.

177. Cancelled.

178. Cancelled.

179. Cancelled.

180. Cancelled.

181. Cancelled.

182. Cancelled.

182A. Cancelled.

183. Cancelled.

184. Cancelled.

185. Cancelled.

186. Cancelled.

187. Cancelled.

188. Cancelled.

(e) Miscellaneous Matters

[189. Service book of non-gezetted officers. - (1) Every non-gazetted officer shall on appointment be furnished at the own expense with a service book, in which all changes of appointment, offences, punishments, leave, transfer and changes of pay shall be recorded under the initials of the Superintendent. This book shall be kept in the office of the Jail to which the officer is attached, in the custody of the Deputy Superintendent. On the transfer of an officer his service book, after all necessary entries have been made in it, shall be sent under registered cover without delay, to the Superintendent of the Jail to which he is transferred. On the resignation or discharge without fault of an officer (except retirement on pension), his service book shall be given to him, an entry to this effect being first made in the service book.]

Note. - The entries on the opening page of service books should be attested atleast once in five years, the signatures of the officers and of the head of the office or other attesting officer taken on that page, should be dated.

(2) Every step in a Government servant's official life must be recorded in his service book and each entry must be attested by the head of his office or, if he himself is the head of an office by his immediate superior. The head of the office must see that all entries are duly made and attested and that the book contains no erasure or overwriting, all corrections being neatly made and properly attested.

(3) Every period of suspension from employment and every other interruption of service must be noted, with full details of duration in an entry made across the page of the service book and must be attested by the attesting officer. It is the duty of the attesting officer to see that such entries are promptly made.

(4) Personal certificates of character must not, unless the head of the department so directs, be entered in a service book but if a Government servant is reduced to a lower substantive post, the reason of the reduction must be briefly shown.

(5) It is the duty of every Government servant to see that his service book is properly maintained as prescribed in clause (2) in order that there may be no difficulty in verifying his service for pension. The head of the office should therefore permit a Government servant to examine his service book should he at any time desire to do so.

190. Service register of higher subordinate officials. - A service register for Deputy Superintendents and Assistant Superintendents shall be kept in the office of the Inspector-General, and in this register shall be recorded all particulars regarding rewards, punishments, transfers, leave and the results of annual inspections.

191. Cancelled.

192. Para deleted by Haryana, vide Correction Slip No. 32 dt. 9-2-84.

193. Pay of officer reduced to lower grade. - (1) The authority which orders the transfer of a Government servant as a penalty from a higher to a lower grade or post may allow him to draw any pay not exceeding the maximum of the lower grade or post, which it may think proper.

(2) Increment to officers promoted after reduction. - If a Government servant, who has been reduced to a lower grade or post on account of misconduct or inefficiency, is subsequently promoted or reinstated, his previous service in the grade or post from which he was reduced counts for increments unless the authority promoting or reinstating him declares that it shall not count either in whole or in part.

[194. Increment not to be drawn without sanction. - (1) No fresh increment of pay shall be drawn for any officer without the previous sanction of the Superintendent, which shall depend on his own knowledge of each officer's work and conduct, as well as on the report of other Superintendents under whom the officer has served during the year. For the purpose of enabling the Superintendent to determine whether an increment in any given case should be sanctioned or not the character roll, service book and qualification of each officer shall be specifically referred to. The Superintendent shall before sanctioning the grant of an increment satisfy himself that] -

(a) the officer has performed his duties satisfactorily during the previous 12 months;

(b) he is efficient in drill and that efficiency is being maintained;

(d) the full amount of security required of him has been deposited, or if not the monthly deposits in the Saving Bank required by paragraph 341 have been duly and regularly made.

(2) If the Superintendent decides to withhold an increment from any officer he shall refer the matter to the Inspector-General for his orders giving full reasons for the stoppage.

195. Yearly list of Superintendents. Deputy Superintendents and Assistant Superintendents. - A classified list of Superintendents, Deputy Superintendents and Assistant Superintendents [(and Sub Astt. Superintendents)], shall be published yearly for general information. Promotion in different grades and appointment shall be made as far as possible by merits and not by seniority.

196. - Cancelled.

197. - Cancelled.

198. Application for pension or gratuity. - (1) When the official retires from the service a memorandum of the services rendered by him shall at once be prepared in the form A.F. 49 and sent to the Accountant-General, Punjab, together with his service book for necessary verification.

(2) If an officer intends to retire on qualifying for superannuation pension the above memorandum shall be prepared and submitted to the Accountant-General 6 months before he intends to retire, but he shall not be permitted to retire unless the Accountant-General has verified the service.

(3) On receipt back of the memorandum from the Accountant-General's office the discrepancies pointed out by that officer shall be promptly and carefully attended to and only those periods of service which the Accountant-General has not been able to verify shall be verified from the heads of the offices under whom the official served during the time and failing them from the evidence of contemporaries.

(4) Having done this the pension applications shall be prepared in the prescribed form (A.G. No. 26) and submitted to the Accountant-General for report together with the service book, last pay certificate and memorandum of services.

(5) The Accountant-General will send his report in due course to the officer authorised to sanction the pension.

(6) The authority who has powers to make the appointment has powers to sanction the pension as shown below.

Table for Haryana

Table amended by Haryana Correction Slip No. 32 dated 9.2.1984 as below :

Appointing authority	Establishment
State Government	Deputy Supdts./Distt. Probation officers.
Inspector-General	Senior Asstt. Supdt./Asstt. Supdt./Welfare Officer/Probation officer/Sub-Asstt. Supdt./Ministerial, Clerical and Technical staff
Superintendent Head-quarters Jail	Warders and Non-warder
Superintendent Jail	All other subordinates.

[199. (1) Grant of leave by whom sanctioned - Leave other than casual leave to any Deputy Superintendent, Assistant Superintendent or Sub Assistant Superintendent, Agricultural Assistants, Accounts Staff, Teacher or Assistant Superintendent shall be sanctioned by the Inspector-General only, but any one of these officers to whom a certificate of sickness is granted by the Medical Officer, may be allowed to proceed on leave in anticipation of the sanction of the Inspector-General.]

(2) In the case of all others below the rank of Assistant Superintendent the grant of all leave shall rest with the Superintendent.

200. Applications for leave, when to be submitted. - (1) Applications for the grant of leave from any Deputy Superintendent, Senior Assistant Superintendent, Agricultural Assistant, Teacher or Assistant Superintendent, [(or Sub-Astt. Superintendent)] should be submitted to the Inspector-General's Office, three months before the date on which the leave is wanted.

(2) No leave will be granted to any of these officers except in the case of sickness of very great urgency from the 15th December to the 15th February that is at the time of the preparation of the annual statistics and report.

201. Leave to Warders subject to limitation. Timely notice to be give. - The leave granted to warders should be so arranged that not more than ten per cent of the sanctioned strength shall be absent from all causes at any one time. For this purpose warders may be called upon to declare the date on which they wish to avail themselves of leave, at least three months before such date.

202. Superintendent may stop leave or recall officers on leave. - The Superintendent may stop all leave or recall any officer who has availed himself of it (except when the leave has been granted on medical certificate), during the prevalence of unusual sickness in the Jail or on the occurrence of any circumstances requiring his presence.

Section VII

The Deputy Superintendent

[203. Persons included in the word "Deputy Superintendent.. - For the purpose of duty the expression "Deputy Superintendent" shall be deemed to include Senior Assistant Superintendent, Assistant Superintendent, [(and Sub-Astt. Superintendent)] and every person for the time being performing all or any of the functions or duties of a Deputy Superintendent, in regard to the functions or duties so performed]

[204. Definition. - The Service of Deputy Superintendents in the Punjab Jail Department hereafter called "the Service" is a subordinate service, but persons holding these appointments are gazetted officers.]

204A. Method of recruitment. - (1) The Service will be recruited as follows :-

(a) by direct appointment of outside candidates;

(b) by transfer of Government servants from other departments;

(2) The proportion of recruitment from the classes specified in (1) above shall be determined by the Local Government from time to time as occasion may require.

[204B. Qualifications for direct appointment. - Candidates for direct appointment to service must -]

(a) be graduates of a University approved by the G.G. in C., not more than 25 years old at the time of their appointment, except in the case of candidates holding the degree of M.A., M. Sc., or LL.B., who will be allowed to exceed the limit of age aforesaid by 4 years;

(b) have passed such medical tests as may be prescribed by the Punjab Government from time to time;

(c) have submitted proof of character, antecedents and social position, indicating that they are in all respects fit for such appointments.

Note-1. - Indications of administrative, executive and disciplinary ability are essential requisites and the names of candidates without these indications will not be registered solely on the ground of literary and academic qualifications.

Note-2. - For purposes of recruitment up to 31st December, 1950, the maximum age limit shall be 27 years instead of 25 years, so far as residents of East Punjab and refugees from West Punjab are concerned.

[204C. Nationality and Domicile. - A candidate for direct appointment to the service must be :-]

(i) a citizen of India, or

(ii) a person who has migrated from Pakistan with the intention of permanently settling in India under the Constitution; or,

(iii) a subject of Nepal or Sikkim or of a Portuguese or French possession in India and if he comes under category (ii) or (iii) must be a person, in whose favour a certificate of eligibility has been given by the Government of India, or the Government of Punjab. A candidate in whose case such a certificate is necessary may, however, be admitted to an examination or interview conducted by the Punjab Police Service Commission or other recruiting authority on his furnishing proof that he has applied for the certificate and he may also be provisionally appointed, subject to the necessary certificate being eventually given to him by the Government. Provided that preference shall be given to a candidate with a Punjab domicile.

[204D. Procedure for direct appointment. - (1) Applications for direct appointment shall be made to the Punjab and North-West Frontier Province Joint Public Service Commission who when vacancies exist will issue public notice thereof.]

No travelling allowance will be paid to candidates appearing before the Commission :

[Provided that the names of candidates with a Punjab University degree shall not be registered unless and until a report has been received from the Punjab University Appointments Board, confirming the age of the candidate, the University degree obtained and stating the division in which the candidate passed.]

(2) The Inspector-General will, thereafter submit to the Selection Board, appointed by the Local Government, all applications with a view to the selection of such number of candidates as may be required from time to time. The Board shall have two sessions, one for the preliminary elimination of candidates and the other for considering claims of those remaining after interviewing each of them. The Board shall then submit a list containing such number of candidates, as it may decide to recommend, for the orders of the Local Government.

(3) No travelling allowance will be paid to candidates appearing before the Selection Board.

[204E. Existing strength and pay sanctioned. - The estimate sanctioned strength and pay of the Service is shown as under-]

Note - The symbol / denotes an efficiency bar.

[204F. Posting and Transfer. - Deputy Superintendents appointed under these rules may be posted in such capacity to any Jail in the Punjab or Delhi Province and are liable to transfer within these areas.]

[204G. Power to make appointments. - All appointments to the service whether permanent, temporary or on probation are made by the Punjab Government on the advice of the Punjab and North-West Frontier Province Joint Public Service Commission.]

204H. Probation. - (1) All candidates selected for direct appointment will be on probation for two years. They will count against the sanctioned strength of Deputy Superintendents as at present fixed in the Schedule attached here into. During the first six months they will be under training on pay of Rs. 150 per mensem without free quarters and will at the end of that period undergo a departmental examination. If successful they will, during the second six months of probation, work as Assistant Superintendents at a pay of Rs. 155 per mensem plus free quarters, and at the end of this period will undergo a further examination. If found fit to continue on probation at the end of the first year, they will be appointed Deputy Superintendents of Jails at a pay of Rs. 200 per mensem for one year with free quarters, or an allowance of Rs. 40 per mensem in lieu thereof; and if found satisfactory at the end of that period they will be confirmed in the department.

(2) During the first two years of training and probation, the service of a selected candidate may be dispensed with if in the opinion of the Inspector- General he is unlikely to prove useful to the department subject to confirmation by the Local Government.

[204I. Seniority. - The seniority of a member of the Service will date from his first appointment as Deputy Superintendent in a permanent vacancy after completion of the prescribed periods of training and probation.]

[204J. Promotion. - There will be an efficiency bar at Rs. 270 in the 2nd grade, of Deputy Superintendents and Rs. 450 in the 1st grade and no Deputy Superintendent will be permitted to draw a higher pay than Rs. 270 or 450 in the 2nd and 1st grades respectively, without the orders of competent authority, increments up to the stage at which an efficiency bar is prescribed and subsequently on passing the efficiency bar, may be drawn on the due dates unless specially withheld by order of competent authority.]

[204K. Selection grade. - The grade of Deputy Superintendent 1st grade, will be a selection grade to which Deputy Superintendents of the 2nd grade will be appointed who have shown marked capacity and proved themselves in all respects fit for promotion. All appointments of Deputy Superintendent under the instructions will in the first instance be made to the 2nd grade.]

[204L. Security. - Every Deputy Superintendent permanently appointed shall be required to furnish security as laid down in paragraph 341.]

[204M. Leave, Pensions - Fundamental Rules. - Members of the Service will in matter relating to pension, pay, leave, travelling allowance etc., be governed by the provisions of the Civil Service Rules (Punjab) Volume I, Parts I and II, and Volume III as in force from time to time.]

[204N. Discipline and conduct. - Members of the Service will be subject to the Government Servants' Conduct Rules and to all rules prescribed by or under the authority of the Local Government, in his Manual, and to all orders issued by the Inspector-General from time to time, which it is within his competence to issue.]

[204O. Deputy Superintendents irrespective of the class of Jails to which they are attached, are eligible for a seat in divisional darbars. - All Deputy Superintendents are entitled to receive a chair when visiting officers of Government.]

[205. Duties of Deputy Superintendent stated generally. - (1) The Deputy Superintendent shall be the chief executive officer of the Jail and shall discharge his duties under the immediate direction and order of the Superintendent.]

(2) It shall be the duty of the Deputy Superintendents strictly to enforce or cause to be so enforced, all law, rules, regulations, directions and, orders, respectively, relating to the management of Jails and prisoners and applicable to the Jail or to any prisoner confined therein, for the time being in force.

206. Residence of Deputy Superintendent, Other employment prohibited. - (1) The Deputy Superintendent shall reside in the prison unless the Superintendent permits him in writing to reside elsewhere.

(2) The Deputy Superintendent shall not, without the Inspector-General's sanction in writing, be concerned in any other employment.

[207. Deputy Superintendent to be present at night. - The Deputy Superintendent shall not be absent from the prison for a night without permission in writing from the Superintendent, but, if absent without leave for a night from unavoidable necessity, he shall immediately report the fact and the cause of it to the Superintendent.]

[208. Deputy Superintendent to make over charge when he leaves the Jail. - The Deputy Superintendent shall, before leaving the Jail for any purpose whatsoever, and on every occasion on which he proposes to leave the Jail, 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 journal. The officer receiving charge shall, thereupon, countersign the entry made in acknowledgement of having done so.]

209. Duties of Deputy Superintendent as to safety of prisoners, discipline, visits and attendance. - (1) The Deputy Superintendent shall do all acts and things which may be necessary or expedient for ensuring the safe custody of all prisoners at any time received into or confined in the Jail, as well as for enforcing and maintaining discipline and order amongst such prisoners and all subordinate officers of the Jail at any time serving under his orders or control.

(2) The Deputy Superintendent shall, at least once in every twenty-four hours, -

(a) himself see every prisoner for the time being confined in the Jail;

(b) visit every barrack, ward, cell, compartment, and every other part of the Jail and the premises thereof, including the hospital; and shall save as provided in the rules, regulations, directions and orders for the time being in force in that behalf always remain present within the Jail or the premises thereof.

Note :- The Deputy Superintendent is permitted to be absent for meals at such time and for such periods as the Superintendent may specify, or when required to appear in a Court of Justice, or when leave of absence is granted by the Superintendent.

[210. Deputy Superintendent's Journal. - The Deputy Superintendent shall regularly maintain a journal in which he shall, from time to time record, as they occur, all events of importance effecting the Jail and shall daily record the general state of the Jail. He shall enter in his journal all reports and representations which it may be his duty to make to the Superintendent, and all other matters which by any of the provisions of the rules, regulations, directions and orders for the time being in force, he is required to enter therein.]

[211. Deputy Superintendent not to delegate his duties without permission. - If the Deputy Superintendent is at any time prevented, by unavoidable cause, from performing any duty imposed upon him as such Deputy Superintendent, he shall take immediate measures to have such duty performed by the next senior officer in rank present and to report the fact to the Superintendent, save as hereinbefore provided the Deputy Superintendent shall not, without the previous permission of the Superintendent, at any time delegate any duty to any other officer.]

212. Duties as to lock-up counting, labour, food and reporting unusual occurrences. - It shall be the duty of the Deputy Superintendent to -

(a) be present every evening when the prisoners are locked up for the night and every morning when the prisoners are taken out of the sleeping wards, cells or other compartments;

(b) satisfy himself, both night and morning that all the prisoners are present and in safe custody;

(c) allot to each prisoner sentenced to undergo rigorous imprisonment a proper task and satisfy himself that every such prisoner, who is fit for labour, is daily put to proper labour and performs his allotted task and, for this purpose, to check the tasks allotted and visit the workshops frequently while the prisoners are engaged at work;

(d) be present at and superintend the daily weighing and serving out of rations and satisfy himself that the food-stuffs are all of good quality, up to weight and properly cleaned and cooked;

(e) supervise the distribution of food and satisfy himself that each prisoner receives his proper quantity at the prescribed times, and to

(f) forthwith report every unusual occurrence of a serious nature to the Superintendent.

213. Duty of Deputy Superintendent on admission of prisoner. - Upon the admission of every prisoner the Deputy Superintendent shall -

(a) examine the warrant or order under which such prisoner is committed to the Jail and satisfy himself that it is in all respects complete, in order and valid.

(b) remove, or cause to be removed, from such prisoner all money or other articles found on him, including (if such prisoner is not, by law, entitled to retain it) his wearing apparel and (in such case) shall provide him with a complete Jail out-fit;

(c) take measures to preserve and protect all property taken from, or belonging to, the prisoner which may come into his hands; and shall

(d) satisfy himself that the provisions of Chapter IV of the Prisons Act, 1894, and they rules, as to the admission of prisoners, are duly complied with.

[214. Effects of prisoners. - All money or other articles in respect whereof no order of a competent Court has been made, and which may with proper authority be brought into the prison by any criminal prisoner or sent to the prison for his use shall be placed in the custody of the Deputy Superintendent.]

215. Duties of Deputy Superintendent, in regard to execution of sentences. - It shall be the duty of the Deputy Superintendent -

(a) to cause all lawful warrants and orders of commitment to be duly obeyed and carried into effect;

(b) on the admission of every prisoner, to cause his name to be duly entered in the register of releases under the date on which such prisoner is, in due course of law, entitled to be released;

(c) to give effect to all remissions of sentence lawfully earned or granted, and from time to time to revise and enter the correct date of release in the register of releases;

(d) to take all measures that may be necessary or expedient in order that no prisoner shall be released before he is legally entitled to be so released or detained in confinement after the date on which he is so entitled to be released;

(e) to bring up every prisoner who is liable to undergo the punishment of whipping, on the proper day, before the Superintendent; and

(f) to give effect to the sentence of solitary confinement awarded to prisoners in due course of law.

[216. Certain prisoners to be taken before Superintendent. - In the event of any prisoner being at any time guilty of a breach of discipline or of any rule or regulation or of any other misconduct, the Deputy Superintendent shall cause the offender to be brought before the Superintendent for orders, and shall enter the charge in the prisoner's history-ticket.]

[217. Deputy Superintendent to search weekly for prohibited articles. - The Deputy Superintendent shall, at uncertain times, at least once a week, cause each prisoner, and all clothing and bedding, and all wards, cells and other compartments, workshops, latrines and other places frequented by prisoners, to be thoroughly searched for prohibited articles.]

[218. Deputy Superintendent to regulate interviews and communications. - It shall be the duty of the Deputy Superintendent to regulate all interviews and communications between prisoners and persons who are not prisoners, and to prevent all persons who are not duly authorised in that behalf by competent authority, from entering the Jail premises or having any access of any kind to, or communication with any prisoner, and to arrange that the proper officer of the Jail is present during all interviews held.]

[219. Deputy Superintendent, when required to accompany officers and visitors. - The Deputy Superintendent shall, whenever required so to do, accompany the Superintendent, Medical Officer, and Magistrate and every inspecting officer and visitor on their visits to the Jail.]

220. Duties of Deputy Superintendent in enforcing discipline amongst subordinate officers. - (1) It shall be the duty of the Deputy Superintendent to exercise proper control over all officers of the Jail subordinate to him and to satisfy himself that every such officer is at all times efficient and that he discharges his duties regularly and in a satisfactory manner.

(2) The Deputy Superintendent shall at all times maintain strict discipline amongst subordinate officers and shall be responsible that -

(a) such officers as are subject to discipline in the nature of military discipline, are acquainted with drill and the use of their arms,

(b) all officers in respect of the office held by whom uniforms are prescribed, wear such uniforms in the prescribed manner at all times when such uniform is required to be worn;

(d) when on duty, all officers are neat and clean in appearance properly dressed and accounted, and that,

(e) every instance in which any subordinate officer is guilty of any dereliction of duty, breach of discipline or other misconduct, which comes to his knowledge, is entered in his journal and brought to the notice of the Superintendent.

[221. Power of Deputy Superintendent to grant four hours' leave. - Subject to the rules relating to the granting of leave and the record to be maintained of all leave granted, the Deputy Superintendent may grant leave of absence for a period not exceeding four hours at any one time to any subordinate officer :]

Provided that in every case in which any such leave is granted, the Deputy Superintendent shall make all necessary arrangements for the due performance of the duties of the officer to whom such leave is granted, during his absence on such leave.

222. Deputy Superintendent to hold parade every Sunday morning. - Every Sunday morning the Deputy Superintendent shall hold a parade of all the prisoners for the time being confined in the Jail and shall, with the Medical Subordinate -

(a) carefully inspect every prisoner;

(b) examine the clothing and bedding of every prisoner;

and satisfy himself generally that everything is in proper order. He shall 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.

[223. Responsibility of Deputy Superintendent for records, warrants, money, etc. - The Deputy Superintendent shall be responsible for the safe custody of the records to be kept under Section 12 of the Prisons Act for the commitment warrants and all other documents confided to his care, and for the money and other articles taken from prisoners.]

224. Custody of Government property. Periodical stock taking. - (1) The Deputy Superintendent shall be responsible for the receipt, issue, safe custody and due application or disposal of all stores, machinery, tools, plant, raw materials, manufactured goods and all other articles of whatever kind for the time being in the Jail and the property of the Government, and he shall maintain, or cause to be maintained, proper accounts and registers thereof. He shall take stock frequently, and shall from time to time, examine and verify the accounts and registers maintained.

Note - Stock should be taken of the articles in the "Issue" godowns once a month.

[Custody of Government property. Half yearly stock taking. - (2) The Deputy Superintendent should check every article of store atleast once in six months and record in the remarks column of the stores register whether the balance checked on a certain date was correct or incorrect and what discrepancies, if any, were noted. A note of this check should also be made in his journal and the discrepancies, if any, should be reported to the Superintendent and the Inspector-General, at once. The Deputy Superintendent, if there is a change in office, should check all articles on resuming charge and this may be taken as a six monthly check.]

Note 1. - The checking of articles should be so arranged that the one-half in one quarter which the Deputy Superintendent should check in the second quarter and vice versa. In this way every article will be checked once in three months either by the Superintendent or the Deputy Superintendent. The certificate of the check shall be submitted to the Inspector-General in No. 52 soon after the 1st January and the 1st July each year.

Note 2. - In the Jails in which there is a Factory Manager, the duties of the Deputy Superintendent, in so far as they relate to the Manufactory Department, devote on that officer.

Note 3. - When shortages are found as a result of a check made in any of the stores, or as a result of an audit report by the Accountant- General, Punjab (Outside Audit Section), the Superintendent shall take immediate action to fix responsibility for the shortages among the officials concerned. If the total value of the stores found short does not exceed Rs. 50 he will conduct the necessary enquiry and submit his report in a self- contained form with a recommendation to the Inspector-General for orders. If the total value of the shortages exceed Rs. 50 he will conduct an enquiry strictly in accordance with paragraph 182 of the Punjab Jail Manual against the officials whom he thinks are responsible for the shortages and submit his report with recommendations to the Inspector-General for orders.

225. Duty of Deputy Superintendent to sick prisoners. - (1) The names of prisoners desiring to see the Medical Subordinate or appearing out of health in mind or body shall, without delay, be reported by the officer in immediate charge of such prisoners to the Deputy Superintendent.

(2) The Deputy Superintendent shall, without delay, call the attention of the Medical Subordinate to any prisoner desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and shall carry into effect all written directions given by the Medical Officer or Medical Subordinate respecting alterations of the discipline or treatment of any such prisoner.

[226. Record of directions of the Medical Officer. - All directions given by the Medical Officer or Medical Subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or directions relating to such matters as are carried into effect by the Medical Officer himself or under his superintendence, shall be entered day by day in the prisoner's history-ticket or in such other record as the Local Government may by rule direct, and the Deputy Superintendent shall make an entry in its proper place stating in respect of each direction the fact of its having been or not having been complied with, accompanied by such observations, if any, as the Deputy Superintendent thinks fit to make and the date of the entry.]

[227. Deputy Superintendent to give notice of death of prisoner. - Upon the death of a prisoner, the Deputy Superintendent shall give immediate notice thereof to the Superintendent and the Medical Subordinate.]

[228. Prisoners not to be ironed except under necessity. - No prisoner shall be put in irons or under mechanical restrain by the Deputy Superintendent of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the Superintendent.]

229. Daily entries to be made by Deputy Superintendent in his journal. - The Deputy Superintendent shall enter daily in his journal -

(a) the time the wards were opened;

(b) the members of the staff (if any) who were absent;

(d) the time work was stopped in the forenoon and when it was recommenced;

(e) the time work was stopped for the day; and

(f) the time the lock-up was completed.

[230. Other matters of importance to be noted in Deputy Superintendent's journal. - The Deputy Superintendent shall enter in his journal all instances in which he may have found it necessary to use restrain to any prisoner; any violent outbreak or serious offence, accident, death or other occurrence out of the ordinary routine, application for the Superintendent's sanction for the employment of prisoners in any special manner or for any unusual expenditure, and whenever it is proposed to draw money from the Treasury for manufactory or Jail purposes - a note showing the necessity for the same.]

231. Disposal of entries in the Deputy Superintendent's journal. - The Deputy Superintendent's journal shall be placed daily (or oftener if necessary), before the Superintendent, who shall endorse his orders against each entry, or if no orders or comment are necessary, append his initials.

[232. Duties of Deputy Superintendent with regard to manufactory stores. - The Deputy Superintendent shall use all means in his power to make the labour of the prisoners profitable to Government. He shall prevent waste and speculation in the manufactory, be responsible for the checking of the applications for raw material, see that the quantities of material charged for have been received that the rates paid for all supplies are fair and that the prices at which manufactured goods are sold are properly remunerative and promptly paid for. He shall also be responsible for all moneys received from the sale of goods until such moneys are sent to the local Treasury. Where there is a Factory Manager these duties, in so far as they relate to his Department, devolve on that officer.]

233. Deputy Superintendent responsible for the efficiency of the guard. - (1) The Deputy Superintendent shall satisfy himself that a sufficient strength of the guard to meet all emergencies is at all times present at the Jail and ready to be armed, and that the Warders sleep in the quarters allotted to them and do not leave the Jail premises without permission.

[(2) The Assistant and Sub-Assistant Superintendent shall at least once a week personally search the relieved and relieving night guards between the gates.]

234. Deputy Superintendent responsible for property and money entrusted to him. - The Deputy Superintendent shall render an account, on his removal or transfer, of all Government and other property and money entrusted to his care. He shall see that all store rooms are clean, neatly arranged and protected as far as possible from vermin, birds, insects and the weather. Deputy Superintendent of a Central Jail to which a Factory Manager is attached, shall be responsible for all stores, etc. not appertaining to the Manufactory Department, and shall similarly render an account of them.

235. Deputy Superintendent responsible for scales, weigh, stores, and the state of the godown. - The Deputy Superintendent shall be responsible -

(a) that the scales, weight and measures in use in the Jail, for the issue and distribution of provisions, stores and raw material are accurate and in good order and shall before taking delivery, weigh, measure or count all stores supplied to the Jail, or cause such to be done under his personal supervision; and

(b) for the state of the Jail store-rooms and their inaccessibility to convicts and others not authorized to enter them.

236. Deputy Superintendent to supervise office and keep certain registers. Duties regarding cash and cash-books. - The Deputy Superintendent shall exercise general supervision over the work of the office. The delegation of the preparation of returns, entries in registers or of any of the Deputy Superintendent's duties to any authorised subordinate, in no way relieves the Deputy Superintendent of the responsibility for ensuring that these are correctly and punctually made, but his most important duties are in the direct control of the prisoners and management of the Jail. He shall keep the cash- books and release diaries with his own hand and such other registers as the Superintendent may direct. He shall daily compare the balances of cash in hand with the balance shown in his cash-books, initial the latter if correct and present them to the Superintendent daily for examination.

Note. - The Deputy Superintendent should report monthly in his journal on the state of the registers in charge of each of his subordinates.

237. Responsibility for economy in every department. - The Deputy Superintendent shall promote such economy as is consistent with efficiency, in every department of the Jail. He shall prepare or cause to be prepared, and submit to the Superintendent all indents for food, clothing and articles of every description required, he shall prevent any needless destruction of Government property, utilize convict-labour to the fullest extent in supplying the requirements of the Jail and other departments and bring to the notice of the Superintendent any improper waste or extravagance.

238. Inventory at the time of making over charge. - When a Deputy Superintendent is discharged or suspended, resigns, takes leave (other than casual leave), or is transferred, he shall be required, in making over charge to his successor, to give an inventory of all property, stores, etc, in his hands, together with vouchers for all credit sales. This list shall be kept with the Jail records, a copy being given to his successor and another sent to the Inspector-General. The Superintendent shall satisfy himself as to the correctness of the list within two months from the date the Deputy Superintendent leaves the Jail and shall, if circumstances warrant his doing so, furnish the Deputy Superintendent, should the latter require it, with a certificate (form No. 166), that no demands or liabilities are outstanding against him in that Jail. In case of the death of the Deputy Superintendent, the inventory shall be made by or under the directions of the Superintendent, and the certificate shall be granted on the application of the heirs or executors of the deceased.

Note. - This order may be suspended in the case of a Deputy Superintendent who takes privilege leave for not more than six weeks, but in that case the Deputy Superintendent who takes leave shall be primarily responsible for the stores, etc., during his absence, and the burden of proving the responsibility of his locum tenens for any loss shall lie with him.

239. Duty of Deputy Superintendent on change of Superintendent. - When new Superintendent assumes charge of a Jail, it shall be the duty of the Deputy Superintendent to bring to his notice in writing, all orders specially relating to that Jail. In the event of any grave irregularity taking place in consequence of the non-observance on the part of the Superintendent of any such order, the Deputy Superintendent will be held responsible unless he can show that he brought the order in question to the notice of the Superintendent.

240 to 247. - Cancelled.

Section VIII

The Senior Assistant Superintendent

248. Appointment of Senior Assistant Superintendent. Duties prescribed. - (1) In every Central Jail, an Assistant Superintendent shall be selected and classed as Senior Assistant Superintendent.

(2) The Senior Assistant Superintendent shall be immediately subordinate to the Deputy Superintendent and shall assist him in the discharge of his duties.

(3) The Senior Assistant Superintendent shall take the place of the Deputy Superintendent whenever that officer is temporarily absent from, or incapacitated for duty, and, when the Deputy Superintendent is present, shall discharge such duties and assist in such ways, as may, from time to time, be prescribed in writing, by the Superintendent.

(4) The Deputy Superintendent, the Senior Assistant and the Assistant Superintendent, shall at least once a week personally search the relieved and relieving night guards between the gates.

Note. - For further particulars as to the duties of Senior Assistant Superintendent, the rules applicable to Deputy Superintendent and particularly paragraph 205(2), should be referred to.

[249. Powers of Senior Assistant Superintendent and Assistant Superintendent. - Where a Senior Assistant Superintendent or Assistant Superintendent is appointed to a prison, he shall, subject to the orders of the Superintendent, be competent to perform any of duties, and be subject to all the responsibilities, of a Deputy Superintendent under the Prisons Act or any rule thereunder.]

250. Duties of a Senior Assistant Superintendent to be defined and changed. - A definite share of the duties of the Deputy Superintendent shall be assigned to the Senior Assistant Superintendent under the written orders of the Superintendent. These duties shall be changed from time to time, so as to afford him every opportunity of becoming acquainted with all the details of Jail management.

251. Senior Assistant Superintendent appointed by selection and on probation. - (1) Promotion to the appointment of Senior Assistant Superintendent shall be made by selection. A thorough knowledge of the laws, rules, directions and orders regulating the management of Jails and prisoners, efficiency in drill and ability to drill the guard, the possession of those qualities which enable an officer to command respect and maintain authority, energy in the discharge of his duties and good conduct shall be the qualifications for a Senior Assistant Superintendentship.

(2) The grade shall be reserved for subordinates who in addition to the qualifications required by clause (1) appear to be likely with the opportunities, afforded them in a Central Jail, to become good and efficient Deputy Superintendents. Every Senior Assistant Superintendent shall therefore hold his appointment on probation only and if found to be wanting in any respect shall, by reason of his unsuitability for promotion, be reverted to his substantive appointment.

Section IX

Assistant Superintendents

[252. Definition. - The service of Assistant Superintendents in the Punjab Jail Department (hereafter called 'the Service') is a subordinate service and officers holding these appointments will be non-gazetted officers.]

[252A. Method of Recruitment. - In the matter of appointments, promotions, transfers and disciplinary actions etc. persons in the service shall be governed by the Punjab Jail Department State Service (Class III Executive) Rules, 1963 as amended from time to time and applicable to Haryana State.]

[253. Qualifications for direct appointment. - (1) Candidates for direct appointment to the Service must-]

(a) possess at least a degree in Arts or Science or Agriculture or Commerce or M.B.B.S. and must not be more than 25 years old at the time of their appointment;

(b) have passed such medical tests as may be prescribed by the Local Government from time to time;

(c) have submitted proof of character, antecedents and social position indicating that they are in all respects fit for such appointment.

Note 2 - For purposes of recruitment up to 31st December, 1950, the maximum age limit shall be 27 years instead of 25 years, so far as residents of East Punjab and refugees from West Punjab are concerned.

254. Nationality and Domicile. - (2) A candidate for direct appointment to the service must be -

(i) a citizen of India or,

(ii) a person, who has migrated from Pakistan with the intention of permanently settling in India, and who has now become citizen of India under the Constitution, or

(iii) a subject of Sikkim or of a Portuguese or French possession in India.

and if he comes under category (ii) or (iii) must be a person in whose favour a certificate of eligibility has been given by the Government of India or the Government of Punjab. A candidate in whose case such a certificate is necessary may, however, be admitted, to an examination or interview conducted by the Punjab Public Service Commission or other recruiting authority on his furnishing proof that he has applied for the certificate and he may also be provisionally appointed, subject to the necessary certificate being eventually given to him by Government.

(3) (a) Application for appointments to the service shall be submitted to the Punjab and North-West Frontier Province Joint Public Service Commission who when vacancies exist will issue public notice thereof.

No travelling allowance will be paid to the candidates appearing before the Commission for interview.

Existing strength and Pay sanctioned. - (b) The ultimate sanctioned strength and pay of the Service is shown as under :-

	Rs.
Sanction grade of pay	80-7-1/2-140/7-1/2-200	An Assistant Superintendent is entitled to free quarters or a house allowance at the rate of Rs. 30 per mensem except during the period or periods of training.
Eventual sanctioned Cadre	95	This includes the Lady Assistant Superintendent at the Women's Jail Lahore who has been granted a special grade of Rs. 180-10-300 with effect from 1-1-1945.

Note - The symbol / denotes an efficiency bar.

254A. Posting and Transfer. - Assistant Superintendents appointed under these rules may be required to serve as such in any Jail in the Punjab or Delhi province and will be liable to transfer within these areas.

[255. Power to make appointments. - All appointments to the service whether permanent or temporary or on probation shall be made by the Punjab Government on the advice of the Punjab and North-West Frontier Province Joint Public Service Commission.]

[256. Probation. - (1) All selected candidates will be posted to a Central Jail or for three months' training on probation. During this period they will draw pay at the rate of Rs. 60 per mensem without free quarters and will undergo a departmental examination at the end of the period, which will be partly written, partly oral and partly practical including also drill. If the candidate fails to pass this examination, he will undergo a second period of training on the same conditions as the first regarding pay and free quarters. Failure to qualify at the end of the second period will involve his removal from the list of candidates. Having completed their training and passed the qualifying examinations, selected candidates will be posted as Assistant Superintendents in any Jail and will remain on probation for a further 12 months dating from their appointment as Assistant Superintendents. During this period they will be entitled to a pay of Rs. 80 per mensem with free quarters, or in lieu thereof an allowance of Rs. 30 per mensem. After 12 months service, as an Assistant Superintendent a selected candidate will be confirmed in his appointment.]

(2) At any time during the entire period of training and probation the service of a selected candidate may be dispensed with, if, in the opinion of the Inspector-General, he is unlikely to prove useful to the department, subject to confirmation by the Local Government.

[257. Grade Promotion. - (1) Members of the Service will be subject to an efficiency bar when they have reached the grade pay of Rs. 180, and no member of the service will be permitted to draw higher pay than Rs. 180 per mensem without the orders of competent authority. Increments up to the stage at which the efficiency bar is prescribed and subsequently on passing the efficiency bar, may be drawn on the due dates unless specially withheld by competent authority.]

(2) Assistant Superintendents of Jail are eligible for promotion to Deputy Superintendents of Jails, but not as of right, at the discretion of the Local Government.

Seniority. (3) The seniority of a member of the Service will date from his first appointment as Assistant Superintendent in a permanent vacancy after completion of the prescribed periods of training and probation.

Security. (4) Every Assistant Superintendent permanently appointed shall be required to furnish security as laid down in paragraph 341.

[258. Leave, Pensions and Fundamental Rules. - Members of the Service will in matter relating to pension, pay and salary, etc., be governed by the Provisions of the Civil Service Rules (Punjab), Volume I, Parts I and II, Volumes II and III as in force from time to time.]

258A. Discipline and Conduct. - Members of Service will be subject to the Government Servants' Conduct Rules, and to all rules prescribed by or under the authority of the Local Government in this Manual, and to all orders issued by the Inspector-General from time to time, which is within his competence to issue.

259. Assistant Superintendent to Deputy Superintendent and Senior Assistant Superintendent. - (1) Assistant Superintendent shall be subordinate to the Deputy Superintendent and Senior Assistant Superintendent, if any, and shall obey the orders of those officers, respectively.

(2) Duties Prescribed. - The Assistant Superintendents shall take the place of the Deputy Superintendent or Senior Assistant Superintendent, if any, when either or both these officers is or are temporarily absent from, or incapacitated for, duty and, when either of these officers is present, shall discharge such duties and assist in such ways, as may from time to be prescribed, in writing by the Superintendent.

(3) The Deputy and the Assistant Superintendent shall at least once a week personally search the relieved and relieving night guards between the gates.

Section X

The Matron and Female Warders

260. Female Deputy Superintendent. Duties of matrons and female warders. - (1) In every Jail in which accommodation is provided for female prisoners, or in which such prisoners are ordinarily detained or are liable to be detained, there shall be a Female Deputy Superintendent or matron, and may be one or more female warders who shall, subject to the control of the Superintendent and Deputy Superintendent respectively, have complete charge of all female prisoners at any time committed to, or detained in the Jail.

(2) The duties of the matron and female warders, respectively, shall as regards female prisoners, be similar to those performed, as regards male prisoners, by male head warders and male warders, respectively, and all rules, regulations, orders and directions for the time being applicable to such head warders and warders, shall, as far as may be, be applicable to matrons and female warders, respectively.

Note. - In the Lahore Female Jail permanent female Deputy Superintendent and a staff of female warders shall be maintained.

261. Prohibition against males entering the Lahore Female Jail. Duties of male officers. - (1) No male person employed in any capacity in or connected with the Lahore Female Jail shall, otherwise than in case of emergency and when called upon so to do by the Deputy Superintendent or a female warder, and then only when accompanied by the Deputy Superintendent or a female warder, at any time enter any ward, cell, compartment, or other portion of or place in the said Jail occupied by any female prisoner.

(2) The Assistant Superintendent shall discharge such duties as may from time to time be prescribed by the Superintendent in that behalf.

(3) The duties of the male warders shall be to patrol between the inner and outer enclosure walls at night; when required so to do, to act as gatekeepers; to prevent escapes and any unauthorised persons from having access to and any prohibited article from being introduced into or removed from the Jail.

Note. - The Medical Subordinate when a male may, in pursuance of his duty, enter the Jail and remain therein while accompanied by the matron or a female warder.

[262. General duties of female warders. - Every female warder shall, in respect of female prisoners, discharge the duties prescribed, in respect of European prisoners, for European warders, by paragraphs 242, 243, 244 and 245, and, for the purposes of this rule, the said rules shall be read as if the words "female warder" and "female prisoner" were substituted therein for the words "European warder" and "European prisoner" respectively.]

[263. Entrance door of female ward, how to be regulated. - When the matron is present on duty the entrance door to the female ward shall be locked, by the head warder, on the outside, and the head warder shall retain possession of the key of the lock. The entrance door to the female ward shall also be locked by the matron, on the inside.]

[264. Female warder not to permit males to enter female ward. - No female Warder shall permit any male prisoner to have access to or enter any female cell or ward or any female Jail or portion of any Jail allotted to or reserved for the use of or for occupation by female prisoners unless accompanied by an authorised Jail Officer and in accordance with the rules, regulations, directions and orders for the time being in force in that behalf and shall forthwith report, to the Superintendent, any Jail Officer or male prisoner who without proper authority or otherwise than in the discharge of some lawful duty, at any time enters or attempts to enter any such cell, ward, jail or portion of any Jail as aforesaid.]

[265. Communications with male prisoners forbidden. - No female warder shall at any time, on any pretext hold any interview, intercourse or communication of any kind whatsoever with any male prisoner or visit any part of any Jail allotted to reserved for or occupied by any male prisoner.]

266. Duties of female warder in regard to sick and children. - (1) It shall be the duty of every female warder to call the attention of the medical subordinate to any female prisoner who complains of being, or appears to be, ill to satisfy herself that every female prisoner who is sick receives the special diet (if any) at any time prescribed for her by the Medical Officer, and that all female prisoners at any time in any special or convalescent gang, are duly supplied with any special or extra diet ordered for them, or any of them, by the Medical Officer.

(2) The female warder shall satisfy herself that every child, whether a prisoner or not at any time in the Jail, receives the diet prescribed for it.

Section XI

Warders

(a) Circle of Employment

267. Warder establishment organised in our circle. - (1) For the purposes of the appointment, transfer and promotion of warders and the better organisation of the warder establishment of the Province, there shall be four circles, namely, the Lahore, Multan, Rawalpindi and the Ambala circle. The Jails comprised within each circle shall be as follows, namely :-

Lahore Circle	Multan Circle	Rawalpindi Circle	Ambala Circle
1. Lahore Borstal Institution (Head-quarters Jail)	1. Multan New Central (Head-quarters Jail.)	1. Rawalpindi District (headquarters Jail.)	1. Jullundur District (Headquarters Jail.)
2. Lahore Central	2. Multan Central Old	2. Jhelum District	2. Jullundur District
3. Montgomery Central	3. Multan District	3. Campbellpore District	3. Ludhiana District
4. Gujranwala District	4. Lyallpur District	4. Sialkot District	4. Hissar
5. Lahore Female	5. Dera Ghazi Khan District	5. Gujarat Subsidiary	5. Ferozepore District
6. Gurdaspur District	6. Musaffargarh Subsidiary	6. Sargodha Subsidiary	6. Rohtak District
7. Kasur Subsidiary	7. Rajanpur Subsidiary	7. Mianwali District	7. Hoshiarpur Subsidiary
8. Amritsar Subsidiary	8. Jhang District		8. Karnal Subsidiary
9. Dharamshala Subsidiary			9. Gurgaon Subsidiary
10. Shekhupura Subsidiary			10. Delhi District.

(2) The Inspector-General may, in his discretion, at any time transfer any Jail from any one to any other circle or create one or more additional circles.

(3) The management of the warder establishment of each Jail shall, for the purposes of and to the extent provided in these rules, rest with the Superintendent of the Headquarters Jail of the circle to which such Jail for the time being belongs.

268. Appointment and promotion of warders within circle. - (1) The appointment, transfer and promotion, respectively, of warders within each circle, shall rest with the Superintendent of the Headquarters Jail of such circle.

(2) When a permanent vacancy occurs in a circle among Head Warders, the Superintendent of the Headquarters Jail shall notify the fact to the Inspector-General of Prisons and at the same time recommend for promotion a warder from the circle. This recommendation will be considered by the Inspector-General along with the claims of other candidates eligible for promotion. The Inspector-General may direct the Superintendent to appoint to the vacancy the best man selected by him from any circle.

(3) Transfer of Head Warders within the circle shall be made by the Superintendent of the Headquarters Jail.

269. Warders to be informed of their liability to serve within circle. - (1) Every warder entertained in any Jail shall be informed at the time at which he is entertained, that his appointment is made subject to his being liable to serve at any Jail or place in the Province.

(2) For the purposes of these rules, the expression "warder" includes an apprentice or probationer employed as a warder.

270. Requirements for enlistment in the warder guard. - (1) Recruitment of warders shall be made from amongst all classes of men, without distinction of caste, creed or religion.

(2) The minimum height of accepted candidates for enlistment shall be 5'- 6" or in the case of Gurkhas and Dogras 5'-4-1/2" and the minimum girth of chest 33". All candidates enlisted should possess normal vision in both eyes, be physically fit in all respects for Jail service, not under the age of 18 years, and not over the age of 25 years.

(3) At the time of recruitment of warder preference shall be given to -

(a) Ex-Army men, both pensioned and demobilised.

(b) Men who have resigned the Army after at least 3 years' service; and

Provided that in the case of (a) men over the age of 40 years shall not be entertained and in the case of (b) and (c) men over the age of 30 shall not be entertained.

[(4) Army Reserve men may be entertained up to a maximum of 5 per cent of the sanctioned strength of the warder guard in each Jail, provided that their age does not exceed 35 years and that their military service record 2 shows their conduct to have been good.]

Note 1 - Preference should be given to those who can read and write, and whose height and chest measurement exceed the minimum laid down.

Note 2 - Candidates, if under the age of 21, provided they come up to requirements in all other respects, may be enlisted with a chest measurement of 32-1/2".

Note 3 - For purposes of recruitment up to the 31st December, 1950, the upper age limit shall be 27 years instead of 25 years as far as residents of East Punjab are concerned.

271. Cancelled.

272. Candidates seeking employment at Jail other than Headquarters. - (1) When an eligible candidate presents himself for employment at any tributary Jail, the Superintendent should send to the Headquarters Jail with a view to his entertainment, his descriptive roll showing his name, father's name, caste, age, height, chest measurement, physical fitness for service, personal description, thumb print, whether able to read and write English, Urdu, Nagri or Gurmukhi well, his residence, and if previously employed in Government service, in what Department, for what period and under what circumstances he left it. The Superintendent of the Headquarters Jail shall note the names of such men as he accepts, on the roll and intimate the same to the applicant, who pending his being called on to fill a vacancy, should be employed in any temporary capacity, when occasion arises. A warder so recruited should, on his arrival at the Headquarters Jail, be compared with his descriptive roll to ascertain that the right person has presented himself.

(2) The character and antecedents of candidates (Form No. 163) should be verified through the Police Department.

273. Conditions as to the Jail to which posted. - No warder shall be posted to a Jail in his home district nor to a Jail in a district in which he has been long resident. No warder shall ordinarily be allowed to remain at a Central Jail or at a first or a second class District Jail for more than five years, nor at a third or fourth class District Jail for more than three years, nor at a subsidiary Jail for more than one and a half years.

274. Recruits to be vaccinated. - All warder recruits shall be vaccinated as soon after enlistment as possible and re-vaccinated at such times as the Local Government may at any time by general or special order direct.

275. Promotion Board. - (1) At the Headquarters Jail of each Circle, a roster of all the warders in the circle known as the "Promotion Board", shall be kept. Each warder shall be represented by a movable wooden or metal slip with particulars of the name, grade, date of joining the Jail service, permanent number given on enlistment, &c., recorded thereon. These slips, shall be arranged on a board. The position each warder holds on the Board, shall at first be ordinarily determined by the date of enlistment, the latest joined recruit being placed lowest down, the senior man occupying the first place in the series and the intermediate warders holding positions according to seniority, conduct and &c. Above each slip and immovably fixed on the Board shall be recorded serial numbers showing the position of each warder. The promotion Board shall be kept locked so that no one shall have access to it but the officer responsible for keeping it.

(2) A record shall be kept showing the position of each warder on the Board on the first of each quarter so that if the slips by accident or otherwise get dislodged, it may be possible to replace them.

276. Service Register and service sheet. - (1) A Service Register (No. 29) shall be maintained at the Headquarters Jail of each circle. In it shall be recorded the particulars of appointment, promotion, home district, place in which service has been passed reward, offences, punishments and leave, with the dates in each case, of every warder in the circle.

(2) The Superintendent of each Jail in the circle shall send to the Superintendent of the Headquarters Jail so as to reach that officer not later than the 10th of each month, a complete and correct copy of the entries in his warder's Service Books (Form No. 87) for the preceding month, for record in the Service Register of the circle.

277. Monthly statement of offences and punishments. - In the same statement (Form No. 87) shall be shown the offences committed by and the punishments (excluding formal reprimands) awarded to the warders.

Note - Temporary warders should not be entered on the list and warders officiating as Head Warders should be shown the grade to which they permanently belong.

[278. The working of the Promotion Board. - The Superintendent of the Headquarters Jails who conducts the Board shall, on receipt from all the Jails in his circle of lists showing the punishments, resignations, deaths, or particulars of any kind necessitating a charge in the position of warders on the board, proceed as follows :

(a) The slips of men who have resigned, died or absconded shall be removed and the men below them moved up subject to clause (d).

(b) Men who have been dismissed and whose appeals have been rejected by the Inspector-General or who have allowed the period of appeal to pass by without appearing shall be removed and the men below them moved up subject to clause (d).

(d) No warder who is illiterate shall be permanently or even temporarily promoted to Head Warder.]

279. Superintendent Headquarters Jail, to furnish half-yearly return. - The Superintendent of a Headquarters Jail shall furnish the Superintendent of each Jail in his circle, as soon after the 1st January, and 1st July each year as possible, with a list (Form No. 108), showing the positions of that particular Jail in the grades to which they belong. This list should be read out to the warders on parade and each informed of the number of men who stand before him for promotion to the next higher grade.

Note - A copy of the list in vernacular should be exhibited in the orderly room or warders' quarters.

280. Deleted by Haryana Correction Slip No. 32 dated 9.2.84.

[281. When a warder gets leave or is suspended. - When a warder is granted leave or suspended the Superintendent of the Jail to which the warder is at the time attached shall make his own arrangements for carrying on the work of the absentee]

282. Warders on transfer to be despatched on a date fixed. - Whenever a transfer of warders is ordered by the Superintendent of a Headquarters Jail, he shall fix a date on which the officers concerned shall start for their destinations, allowing sufficient time for his instructions to be received and acted upon, and the warders shall be despatched on the date fixed unless this is impracticable on account of sickness or for some other equally important reasons, in which case timely intimation shall be given to the Superintendent of the Headquarters Jail to enable him to make other arrangement and fix some other date, if necessary. No casual or other leave shall be granted to a warder whose transfer is ordered, so as to have effect after the date fixed for his despatch.

283. Deleted by Haryana Correction Slip No. 32 dated 9.2.1984.

284. Separate accommodation for warders. - All Head-Warders shall be provided with separate quarters for themselves and their families and all warders with sleeping and cooking accommodation on the Jail premises and, when possible, also for their families

[Note :- Single warders barracks shall be provided with lighting arrangement at Government expense. Where there is no electricity, lamps of the pattern of the prisoners barrack lanterns and kerosene oil shall be provided at the expense of the State. The same quantity of oil will be issued to these lamps as to the prisoners barrack lanterns.']

285. Transfer of warders from one circle to another. - Transfer of warders from one circle to another shall be made only for special reasons under the orders of the Inspector-General. Mutual inter-change may, however, be allowed by the Inspector-General with the consent of the parties concerned and the Superintendents of both Headquarters Jails at their own expense. Such warders will be placed on the Promotion Board according to the date of appointment and conduct.

286. Certain men not to be entertained. - No warder who has left the Jail service shall be again entertained without the sanction of the Inspector- General.

287. Military training of warders. - Every warder shall be required from time to time to undergo such instruction and practice in the nature of military training as may be necessary to acquaint him and keep him acquainted with squad and company drill and to render him thoroughly efficient in the use of the arms at any time prescribed for the use of warders. The hours of duty to be exacted from warders shall not ordinarily exceed an average of 8-1/2 hours or a maximum of 9-1/2 hours on any one day. Each of these periods includes half an hour's drill.

288. Military discipline of warders. - Warders shall be subject to such discipline in the nature of military discipline, as may, in the opinion of the Inspector-General, be deemed necessary for the efficient discharge of an duties and functions connected with the protection and management of the Jail.

288A. Rewards. - (1) Good conduct stripes not exceeding three in all and two on any one occasion may be given to a warder by the Superintendent of a Headquarters Jail (see paragraph 267) for good service within the course of his duties such as -

(a) Special excellence in drill.

(b) Special good work in garden, factory or elsewhere.

(d) Exemplary service over a long period.

(e) Furnishing valuable information.

(2) The award of a good conduct stripe shall be recorded in the service book of the receipient and shall be shown in the monthly service sheet.

(3) The Superintendent of any Jail may deprive a warder or a head-warder of one or more good conduct stripes for any act of misconduct, subject to confirmation by the Superintendent of the Headquarters Jail of the circle to which his Jail belongs.

(4) Such forfeiture of good conduct stripes shall be recorded in the service book of the officer concerned and shall be shown in the monthly service sheet.

(5) Good conduct stripes shall be worn on the sleeve of the right arm half way between the elbow and the wrist.

(6) A warder promoted to head-warder may continue to wear all good conduct stripes of which he may be in possession.

(7) The Superintendent of a Jail other than a Headquarters Jail shall refer every case for the grant of good conduct stripes to the Superintendent of the Headquarters Jail of the circle to which his Jail belongs, who will make such award as he considers suitable.

(8) The Superintendent of any Jail may grant, in addition to any other reward for which he may be eligible, a commendation certificate to a warder or head- warder who gives valuable information.

(9) The Inspector-General may award good conduct stripes and cash rewards not exceeding Rs. 10 in any one case, to a warder or head-warder or gate- keeper for special services of the kind specified in Rule (1) and also for the following :-

(a) Bravery in preventing an escape or disturbance, etc.

(b) Special skill or energy in recapturing a run away where the escape was not due to the negligence of the warder or head warder whom it is proposed to reward.

(d) Rendering valuable assistance to the officers of the Jail in its management.

(e) Furnishing a clue which leads to the discovery of stolen Government property, or giving information regarding plots for escape or for mutiny, etc.

(f) Exceptional fidelity or courage.

(g) Special care of uniform, arms and equipment.

(h) Paper making.

(i) Gardening.

(j) Other miscellaneous service.

provided that the total rewards granted for good paper making shall not exceed Rs. 250 a year.

(10) The Inspector-General may grant a reward not exceeding Rs. 25 to any person other than an officer of Jail Department who furnishes valuable information e.g., as regards stolen Government property, misconduct of warders etc.

(b) Additional Establishment of Warders

[289. Temporary warders in emergencies. - When, for any sufficient reason, it is, in the opinion of the Superintendent, necessary to entertain any number of warders, in excess of the scale for the time being fixed under Section 6 of the Prisons Act, 1894, and the matter is so urgent that the previous sanction of the Inspector-General cannot be obtained, the Superintendent may, subject to immediate reference to the Inspector-General and in anticipation of sanction, entertain such number of additional warders as may be necessary]

290. Pay of Temporary warders, Sanction to their entertainment. [***]

(c) - Warders on Contract

290A. - [***]

(d) - Head Warders

291. Summary of duties of head warders. - It shall be the duty of every head warder to -

(a) superintend the warders subordinate to him in the discharge of their duties;

(b) assist in every possible way in the management of the jail, the prevention of escapes and the maintenance of order and discipline generally amongst subordinate officers and prisoners;

(c) comply with the requirements of all laws, rules, regulations, directions and orders for the time being in force as to the duties which he is to perform and the manner in which he is to perform them;

(d) obey the orders of all officers superior to him in rank;

(e) assist the Deputy Superintendent in all routine duties;

(f) open in the presence of the Deputy Superintendent the sleeping wards, cells and other compartments each morning and count the prisoners;

(g) distribute the prisoners, who are liable to labour each morning, to their respective workgangs;

(h) cause the name and prison-number of every prisoner placed in charge of any warder to be entered in the proper gang-book;

(i) issue all necessary tools, implements, raw materials and other articles required for the day's work and to make a record of all articles so issued;

(j) collect all such articles, together with the produce, if any, of the prisoners' labour, after the period prescribed for work is over each evening;

(k) satisfy himself that all articles issued have been duly returned to him or accounted for;

(l) measure or check the task (if any) performed by each prisoner and note the same in the labour register;

(m) superintend the use of the latrines and all bathing and feeding parades;

(n) check the prisoners at each change of guard;

(o) cause all gratings, doors and the like to be secured and satisfy himself from time to time that they are secure;

(p) cause all bamboos, scantlings, poles, ladders, ropes, well gear and other articles likely to be used for, or to facilitate the escape of any prisoner to be removed and placed beyond the reach of the prisoners in the places prescribed for storing or keeping the same;

(q) keep constantly moving about while on day duty, amongst the prisoners, supervising the work and discipline of the Jail and keeping the warders and convict officers on the alert;

(r) in the presence of the Deputy Superintendent to count, search and lock the prisoners up in their respective wards, cells and other compartments, at the prescribed time, each evening; and

(s) give the warders half-an-hour's drill daily.

292. Duties of head warders on relieving guard. - (1) Every head warder 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. At the proper time he shall march the relieving guard of warders to their respective posts, and remove the guard to be relieved.

(2) When relieving the warders of gangs working inside and outside the walls, the 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.

293. How the relief of warders to be carried out. - Warders whether going on or off duty, shall be marched in double file. 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. When the relief is complete, the relieved head warder shall march the relieved warders to the main gate and then dismiss them.

294. Relief of gate-keepers. - The head warder for the time being on day duty shall be responsible that the gate-keepers are relieved and changed as often as may be prescribed by the Superintendent in that behalf.

295. Periods of duty, Drill, Arrangements of Duties. - (1) Every head warder shall ordinarily be on duty for six hours daily, exclusive of the period spent on night duty and drill, and at the opening of wards, cells and other compartments in the morning and the locking up of prisoners at night.

(2) Every head warder shall attend such drills and parades for instruction in drilling, manoeuvring practice in the use of arms and other matters in the nature of military training, as the Superintendent may from time to time prescribe in that behalf.

(3) The periods of duty shall be so arranged that a head warder shall be present at every relief of warders from duty of any kind throughout the day and night.

296. Remission of drill to head warders. - Every head warder shall attend drill parades daily, until he becomes himself qualified to drill the warders, when he shall not, except as a punishment, be required to attend more than twice a week.

297. Procedure in relieving guards over females prisoners. - In the case of jails, wards and other compartments set apart for female prisoners, at each change of warders, the relieved and relieving head warders shall, without entering the wards, cells, compartments, or enclosures occupied by female prisoners, ascertain from the female warders or female convict- officer in charge, as the case may be, that all the female prisoners who should be confined therein are present.

298. Custody of keys. - (1) The keys of jail shall, when not in use or in the personal custody of any officer of the jail, be kept in a locked receptacle to be kept for the purpose at the main gate, and the key of such receptacle shall, by day, be retained by the head warder, and by night, by the patrolling officer for the time being on duty.

(2) 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.

298A. Duties of head warders responsible for drill. - The duties of the head warders responsible for drill are to -

(a) give each warder (except those who are exempt) half an hour's drill daily, and report every such warder who absents himself,

(b) give effect to any punishment drill ordered by the Superintendent,

(d) take charge of the armoury, ammunition and spare accoutrements, keep the key of the armoury in his possession, see that the ammunition is kept dry and in good order, that ten rounds of buckshot ammunition for each rifle are always kept ready for use.

(e) satisfy himself that each sentry knows and understands the orders for his post, and

(f) keep an account of ammunition in stock received and expended.

298B. Report to be made by head warders on arrival of Superintendent. - The head warder shall, on the arrival of the Superintendent daily, report to that officer -

(a) if the arms and ammunition are ready for use in case of emergency,

(b) any other matter of importance that has come to his knowledge,

(e) Gate-keepers.

299. A gate-keeper to be on duty. Record of reliefs. - (1) A warder or an ex-military officer specially appointed for the purpose shall be constantly on duty, as gate-keeper, at the main gate of every jail, between the hours of opening the jail in the morning and closing it at night.

(2) At every relief of any gate-keeper, a note of the hour of such relief shall be recorded and signed by both the relieved and relieving officer.

[Note. - Ex-military Indian Officers appointed as gate-keepers shall, in addition to their normal duties, supervise and be responsible for the jail warder guard in respect of the following matters, viz., drill, care of equipment, sanitation and tidiness of the lines.]

300. Duties of gate-keeper. Power to stop and search persons. - The officer acting as gatekeeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found shall give immediate notice thereof to the Deputy Superintendent.

301. Gate-keepers, Registers. Duties stated generally. - (1) In addition to the duty prescribed for gate-keepers in Section 21 of the Prisons Act, 1894, the gate-keeper shall maintain such registers and enter therein such particulars as the Inspector-General may from time to time prescribe in that behalf.

(2) The gate-keeper shall comply with all rules, regulations, directions and orders respectively, for the time being in force regulating the persons who may be permitted ingress to and egress from, and the articles which may be taken into and brought out of the jail and, generally, the duties which he is to perform and the manner in which he is to perform them.

302. Record of persons and things passed into or out of the Jail. - The gate-keeper shall keep a record, in the prescribed register; of the names of all persons whomsoever, who at any time pass into or out of the jail, with the hour and minute, of the entrance and exit of every such person, and, as far as may be, the name and a sufficient description of every article of whatever kind passed into or out of the jail.

303. Description of gate registers. - (1) The record of all persons who pass in or out of the jail prescribed by the preceding rule shall be kept in two separate books, namely :-

(a) a register of all prisoners with the names of the officers in charge of them, and.

(b) a register of all other persons.

(2) The sufficient description of every article means the name, number or weight, as the case may be and such other particulars as may be necessary, of all goods, tools, stores or other articles passed into or out of the jail.

Note. - The name of the officer in whose charge authorised articles are passed in, or out, with the minute of their passage should be recorded. All entries of persons or articles should be made at the time of their passage and in consecutive order.

304. Hours of duty of gate-keepers. - At the opening of the jail, the gatekeeper of the first watch shall come on duty and remain between the gates until duly relieved. For these officers, the day may be divided into two or four watches as may be deemed expedient.

305. A convict to assist the gate-keeper. - In Central Jails and large District Jails a convict, able to read and write, may with the sanction of the Inspector-General, be employed to assist the gate-keeper. When applying for sanction, full particulars of the prisoner should be stated. A convict allowed to assist the gate-keeper shall on no consideration be entrusted with keys.

306. Working of the double-gate system. - In Jails provided with the double gates and wickets, the gate-keepers shall open only one gate or wicket at a time, and before doing so, shall assure himself that the other means of entry and exits are securely bolted and locked. Ingress and egress for ordinary purposes shall take place through the wicket door-ways. The inner gate shall be provided with an eye-hole to enable the gate-keeper to see into the jail without the necessity of opening either the inner gate or wickets.

307. x x x x

308. Procedure when passing prisoners into or out of the jail. - When prisoners have to be passed into or out of jail with double gates, the following procedure shall be followed:

(1) On passing prisoners out, the gate-keeper shall first let them through the inner wicket and having locked it, shall write in full in the register provided for the purpose, the names of all the prisoners, the warders in charge and convict officials assisting them. He shall then open the wicket in the outer gate and count the prisoners as they pass out, to verify the total.

(2) The list of the gang having once been made in the gate register need not be written on each occasion of its passage through the main gate, but every change in the gang must be noted and attested by the signature or seal of the warder in charge, as well as by that of the gate-keeper, who shall at once report to the Deputy Superintendent the circumstance.

(3) On a gang returning, to the entrance from outside, the gate- keeper shall open the outer wicket (the inner one being locked first) and admit the gang to the passage between the gates. He shall then lock the outer wicket and call out the names of each prisoner, convict officer and warder as recorded in the register. The gang having been found correct, he shall open the inner wicket and count the prisoners as they pass into the jail, to verify the total number.

(4) The gate-keeper shall not allow any prisoner to be taken out of the jail, who is not wearing the prescribed ring on his left ankle, or who is not in charge of a guard of the proper strength duly authorized to take him outside.

309. Gate-keeper responsible for the cleanliness, &c., of the main gate. - The gate-keeper shall be responsible for the cleanliness of the jail front, the main gates and the passage between them and all articles placed there under his charge. He shall also be responsible that the torches, &c., required in case of a night alarm are present and in serviceable condition.

310. Persons allowed to enter the jail. - The gate-keeper shall be furnished with a list of all officials and visitors who are entitled to enter the jail and shall admit such persons on their presenting themselves for admission. He shall not admit any one else except the officers of the jail who are authorized to enter unless under a written order from or when accompanied by, the Superintendent, the Inspector-General, or the Magistrate of the District.

311. Officers ordinarily exempt from being searched. - (1) All official and non-official visitors, casual visitors admitted by order of the Superintendent, Inspector-General or District Magistrate as well as the higher officials of the jail, including head warders shall ordinarily be exempt from being searched.

(2) Should the gate-keeper have reason to suspect that any officer ordinarily exempted from search, is introducing or removing prohibited articles he may detain the person between the gates and send notice to the Deputy Superintendent, who shall himself search the person. A copy of this order shall be hung up in the passage between the main gates for general information.

312. Power of gate-keeper to detain persons. - Pending the making of a report to the Deputy Superintendent and Superintendent, the gate- keeper may detain, or cause to be detained in custody, any person who may, in his presence, sight or hearing commit any criminal or prison offence at or in the vicinity of the jail gate.

313. Gate-keeper's duties with regard to keys. - The gate and the wicket of the gate of every jail shall, except when it is necessary to open the same for the purpose of lawfully passing any person or thing into or out of the jail, be kept shut and locked, and the gate-keeper for the time being on duty shall retain the keys of the locks of such gate and wicket in his personal possession until the prisoners are locked up for the night.

314. Making over the keys of the gate at lock-up. - When the prisoners are locked up for the night, a second padlock shall be locked on the wicket of the inner gate, and the gate-keeper shall then deliver the keys of the inner and outer gates to the Deputy Superintendent for custody in the receptacle provided for the purpose in whose presence he shall make over the key of one of the locks of the inner wicket to the patrolling officer on duty inside the jail and the key of the other lock of the inner wicket, together with the key of the outer wicket, to the gate sentry.

315. Keys to be kept by the officer in charge of gate picket. - A duplicate of the key kept by the patrolling officer under the preceding paragraph shall be kept by the officer in charge of the gate picket or by the sentry where there is no picket at night to allow of a visit being paid to the jail at night without the knowledge of the officer on duty within.

316. Gate-keeper's keys to be kept in a bunch with others. - The gatekeeper shall keep the keys of the main gates and wickets attached to his waist belt by a chain, and in a bunch with a few others, so that it may be difficult for any prisoner obtaining possession of the bunch to ascertain what key belonging to any particular lock.

317. Bright light at night. - A bright light suspended from the ceiling shall be kept continuously burning between the gates at night.

318. Articles to be kept between the gate. - In the passage between the main gate shall ordinarily be kept -

a lock,

a weighing machine,

a measuring staff,

spare fetters and handcuffs, secured on a bar with lock and key,

a standing desk with lock and key, for the gate-keeper's books and writing materials.

a wall-almirah or box for keys,

the Deputy Superintendent's cash chest,

a box for torches and oil,

apparatus for extinguishing fire, and notice boards.

(f) - Warders

319. Warders to have a particular charge assigned to them. - Each warder shall have a particular duty assigned to him by the Superintendent or Deputy Superintendent such as charge of a ward, or set of wards, a workshop or set of work-shops, or gang of prisoners either inside or outside the jail. The posts and duties of warders shall be frequently changed so as to prevent them from forming relations with any of the prisoners.

320. General duties of warders. - It shall be the duty of every warder at all time to-

(a) render all assistance in his power 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;

(b) obey the orders of all officers superior to him in rank;

(c) comply with the requirements of all laws, rules, regulations, directions, and orders for the time being in force regulating the duties which he is to perform and the manner in which he is to perform them;

(d) take proper care of all property of whatever kind at any time entrusted to him and duly to account for the same whenever called upon so to do; and

(e) to be at all times in a state of readiness to turn out fully accoutred and armed immediately, whenever called on to do so or an alarm is given, and to do all lawful acts and things necessary or expedient for the purpose of maintaining order, quelling any disturbance, preventing any combined attempt to escape or to break out of jail, defending the jail and all property therein or thereto pertaining from attacks from within or without the jail.

321. Detailed duties of warders. - It shall be the duty of every warder -

(a) not to take off any portion of his uniform or lie or sit down whilst on duty,

(b) to know the number of prisoners in his charge, to count them frequently during his turn of duty and to satisfy himself that he has in his custody, not only the correct number, but the particular prisoners for whom he is responsible,

(c) to search all prisoners he receives in his charge or makes over to the charge of any other officer, at the time of receiving and making over charge respectively,

(d) to report every prisoner in his charge who has been idle or who has not completed his task or who has committed any other jail offence;

(e) to see that any prisoner who has to go to the latrine at unauthorised times is made over to the charge of a responsible officer whilst away from the gang,

(f) to bring to the notice of the Deputy Superintendent any prisoner appearing to be ill or complaining of sickness,

(g) to report any plots for the purpose of escaping or of assault or outbreak or of obtaining forbidden articles,

(h) to prepare prisoners for muster and parades and to see that each prisoner comes to his proper place in proper order and behaves well,

(i) to follow the procedure laid down for his guidance when any prisoner is missed, and

(j) to keep his arms and accoutrements clean, in good order and fit for immediate use.

[322. No warder to leave his post. Mode of relief. - (1) No warder shall, while on duty, at any time, under any circumstance, on any pretext, leave his post or absent himself from duty until relieved in due course and released from duty :

Provided that he may leave his beat to prevent an escape or to assist in subduing a disturbance taking place within his sight when he is on main wall patrol duty or, when he is in charge of prisoners, if he can do so without serious risk to the safe custody of those prisoners. It rests upon the warder concerned to show that the circumstances were so exceptional as to justify his doing so.]

(2) No relief shall, whether by day or night, be effected otherwise than in the presence of both the relieved and relieving officer and also of a third officer, who shall ordinarily be the head warder whose duty it is to carry out such relief.

323. Duties of a warder on being relieved. - A warder on being relieved shall explain to his successor what the duties of the charge are, and shall bring to notice any long termed or dangerous prisoners. The relieving officer shall, before taking charge, satisfy himself that the property and the number of prisoners made over to him are correct.

[323A. Duties of the Warders in regard to children. - The warder in charge of the barrack ward shall satisfy himself that every child accompanying a prisoner receives the diet prescribed for it and also medical care.]

324. Distribution of duties. - The more important duties in every Jail should be entrusted to the senior and experienced warders, apprentice and junior warders being placed in less responsible charges.

325. * * * *

326. * * * *

327. Arms of warders. - (1) Every warder shall be provided with a military breach-loading fire-arm and buckshot ammunition.

(2) All arms and ammunition shall, when not in actual use, be securely kept in the armoury.

328. Duties, posting, etc., by whom regulated. - The general duties of watch and ward, the posting and duties of guards and sentries, the fixing of the periods of duty for guards and sentries and of the strength of such guards and all matters relating to the protection of the Jail and of prisoners and the duties of warders and sentries and the like, shall be regulated by the Superintendent in accordance with any general or special orders from time to time issued by the Inspector-General and in emergent cases or matters as to which no provision has been made in any such order, by the orders of the Superintendent.

329. Cancelled.

330. Cancelled.

331. Cancelled.

332. Cancelled.

333. Warder guard to furnish sentry & assist in night watch. Position and arming of sentry. - The warder guard shall furnish one sentry at the main gate day and night and shall assist in watching at night to the extent prescribed by the Superintendent.

(2) The day sentry at the main gate shall be posted immediately outside the outer gate and shall carry his rifle with bayonet fixed. The rifle shall not be loaded, but 12 rounds (a packet of 10 and 2 loose cartridges) of buckshot shall be kept in the pouch which shall be brought round to the front of the belt the flap being left unbuttoned.

(3) The night sentry at the main gate shall be posted between the gates and shall also be in possession of 12 rounds of ammunition.

334. To provide a second sentry in Central Jails. - In Central Jails, the warder guard shall provide another sentry for the central tower or other commanding position. This sentry shall be on duty from before the wards are opened in the morning till after the lock up at night. If his beat is secure from a rush he shall be armed with a rifle bayonet and ammunition otherwise he shall be provided with a baton.

335. Sentry's picket. - Three Junior warders and one Senior warder shall form the main gate picket of every jail from 6 a.m. to 6 p.m. They should be specially selected and as far as possible be ex-soldiers.

336. Hours that the warders are to be in uniform. - Every warder shall be in uniform when on duty and attending drill parade.

337. Duties of a sentry. - The duties of a sentry are -

(a) to mount guard with fixed bayonet, move briskly on his post with his rifle at "the slope", and not to order arms nor "stand at easy" for more than fifteen minutes in every two hours;

(b) not to enter into conversation with any one except when questioned by a superior officer;

(d) not to leave his post without regular relief upon any pretence whatever;

(e) not to allow any person to approach near his post after dark, without challenging;

(f) challenging after dark, to warn the person challenged, if the reply is unsatisfactory to stand until the officer in charge of the picket arrives, bringing his rifle at the same time to "the charge";

(g) challenging on a dark night on hearing voices or the approach of footsteps, if he receives no answer, or an unsatisfactory answer, to call the officer in charge of the picket or, if necessary, give the alarm;

(h) when on duty at night to satisfy himself that the main gates and wickets are securely locked;

(i) not to allow persons to crowd around him;

(j) if he sees a prisoner attempting to escape, to call on him to stand and if he refuses to do so and there is no superior officer present, to fire on the prisoner, provided he cannot otherwise prevent the escape;

(k) if he is beyond call and has to alarm the guard to fire a shot in the air as the signal of alarm;

(l) if he sees any article in or near the Jail likely to facilitate escape, or if any unusual incident comes under his observation, to at once report the matter to the officer incharge of the picket;

(m) when on duty at the main gate at night, not to allow any person to enter or leave the Jail who is not on official duly authorised to enter or leave, and not to permit may warder to enter or leave except when accompanied by the patrolling officer on duty, or one of the superior officials;

(n) when on duty at night not to challenge so loudly as to be heard by the patrolling officer or warders on duty inside the Jail, and not give notice to these officers of the approach of any visitor;

(o) to retain in his possession at night the key of the lock of the outer wicket and the key of one of the locks of the inner wicket, and;

(p) to enforce his orders firmly and without distinction of persons.

338. Daily inspection by Superintendent. Reception of visitors. - The members of the warder guard mustered for morning drill, shall be inspected on parade daily by the Superintendent and on his arrival at the Jail, shall "present arms". If an official or non-official visitor arrives while the parade is in progress the guard shall also "present arms" to the visitor. At other times the gate picket shall turn out and stand to "attention".

339. Escorts for visitors. - The escort for an official, non-official or private visitor to Jail shall consist of a warder, armed with a baton, from the Warder Guard. This Warder may be taken from the main-gate picket if it is a double one; otherwise he shall be taken from the men detailed for the next relief of the main gate picket.

Chapter VII

Security and Security Bonds

340. Authority to take security. - Under the provisions of Act XII of 1850 :-

(a) every public accountant shall give security for the due discharge of the trusts of his office,

(b) the security shall be such as shall be required by the authority by which such public accountant is appointed to his office,

(c) a public accountant means any person who is entrusted with the receipt, custody or control of any moneys, or securities for money, and

(d) any public accountant and his sureties may be proceeded against for any loss or defalcation in his accounts.

341. Officers to furnish security and execute bond. - Every Deputy Superintendent, District Probation Officer, Assistant Superintendent, Welfare Officer, Sub Assistant Superintendent, Store Keeper, Head Warder and Warder and such other person employed in a jail, as may be required to do so shall be required to furnish security and execute a bond in form No. 98, for the due performance of all duties that he may be called upon to perform. However, the officials/officers who are appointed for a specific period on purely temporary basis need not furnish any security. For the purposes of this order, promissory notes of the Central or the State Government Post Office Saving Bank deposits, Post Office cash certificates of various categories or security in any other form recognised by Government vide rule 3.6(b) of Subsidiary Treasury Rules, Punjab shall be accepted. The security may at the option of the Inspector-General of Prisons be furnished either in full on appointment or subsequently by special payments or by monthly deductions from pay until the total sum required is deposited. The security deposit shall be hypothecated to Government in the name of the Inspector-General of Prisons, Punjab or the Superintendent of the jail. The amount of security to be furnished by each officer and the monthly deductions to be made, if authorised, shall be as follows. :-

	Account of Security	Monthly deduction if authorised shall be not less than
	Rs.	Rs.
(i) Dy. Supdt. Grade I	2,000.00	30.00
(ii) Dy. Supdt. Grade II/D.P.O.	1,500.00	25.00
(iii) Asstt. Supdt./Welfare Officers	500.00	10.00
(iv) Sub-Asstt. Supdt.	300.00	10.00
(v) Store-Keeper	750.00	10.00
(vi) Head Warder	360.00	5.00
(vii) Warders	300.00	3.00

Note :- Government promissory notes will be accepted at their market value at the time of deposit.

342. Deposit of security deductions. - All deductions made and the total amount deposited to date, including interest, and the Pass Book Account No. shall be recorded in the column provided for the purpose in the acquittance roll (Register No. 41). All deposits shall be definitely pledged to the Superintendent of the Jail to which the subordinate is attached, and the latter shall open an account for the security in his own name and be treated as the actual depositor, the Pass Book being issued to him and interest accruing on the deposit being paid to him. The usual letter pledging the security will not be required but the name and occupation of the person pledging the security shall be recorded on the opening page of the Pass Book, in addition to the designation of the person to whom the security is pledged, e.g., "Superintendent, Central Jail. Lahore on account of Karam Bakhsh Warder."

Each subordinate's monthly deposit shall be paid into the Post Office Savings Bank immediately after his pay has been drawn, the amounts so realised and paid into deposit with the dates of realization and payment being entered in the general Cash Book. Interest accruing on deposits shall be credited to the undeposited portion of the security. If the security is fully paid up, interest shall be disbursed to the owner.

343. Custody of Savings Bank Books. - The savings bank books shall be kept by the Deputy Superintendent in his cash chest and placed before the Superintendent when required for examination and verification of the entries in the Cash Book.

344. Disposal of security deposit on transfer of an officer. - On the transfer of an officer, the Superintendent of the Jail to which such officer is attached shall arrange for the transfer of the security deposit and pass- book to the Superintendent of the Jail to which the officer is being transferred.

345. Procedure when deposit amounts to Rs. 500. - When the amount of security deposited in the Savings Bank on behalf of an officer amounts to Rs. 500, application shall be made by the Superintendent of the Jail to the Reserve Bank of India to arrange for the purchase of a Government promissory note in accordance with Article 86(b) of the Security Manual. The depositor shall pay all charges incident upon the purchase; if he prefers to make the purchase himself. If he may do so, and when the note has been duly endorsed and tendered, he will he entitled to a refund from the Savings Bank of an amount equal to the market value of his note.

[346. Security in promissory notes. - All Government promissory notes tendered as security, shall be endorsed by the depositor to the Reserve Bank of India or order and sent to that officer through the Inspector-Genera1.]

These notes, with such as the Reserve Bank of India may purchase with security money, will be converted into stock and interest falling due upon them will be distributed periodically by that officer who will issue orders making such interest payable at the local treasury. These orders will be sent through the Superintendent of the Jail concerned to the depositor.

Note :- Promissory Notes for transmission through the post should be cut in halves, but should be despatched whole in covers insured for Rs. 100.

347. Procedure when full security is deposited. - When the full amount of security has been deposited, the depositor shall be informed and further deductions from his salary stopped. In the case of a warder, the Superintendent shall furnish him with a certificate that the security has been fully deposited (stating the amount), and should advise him to send it to his heirs or representatives, so that in case of his death, they may put in a claim for the return of the deposit.

348. Disposal of security on death or retirement. - On the death of an officer, the Superintendent, shall after the lapse of a period sufficient to satisfy himself that no claim or demand is outstanding (such a period in no case to exceed six months from the date of death), if the officer's security is deposited in the Savings Bank, draw the security money or if the security is in promissory notes, apply to the Inspector-General for the notes which shall be endorsed by the Inspector-General to the Superintendent, to whom they shall be sent. Any money claim that Government may have against the deceased officer, not covered by pay or other money due to him, shall then be recovered by the Superintendent, from the security deposit money, or money realised by the sale of the notes, as the case may be, and the balance shall be paid to the heirs of the deceased officer. If no recoveries are to be made the full security deposit or the promissory notes duly endorsed shall be made over by the Superintendent to the person authorised to receive the money or the notes. On the retirement, resignation or discharge of an officer the same action shall be taken, except that the balance of money after the settlement of Government claims, shall be paid to the officer concerned or, if the security is in promissory notes from which no claim has to be realized, they shall be delivered to him duly endorsed. A receipt should be obtained for all money or notes made over.

349. The execution of security bond. - Security bonds (Form No. 98) shall be executed as soon after appointment as possible. In the case of [Deputy Superintendents, Senior Assistant Superintendents, Assistant Superintendent, Sub Assistant Superintendents] and such other persons except warders who are required to execute them, the bonds shall be registered and forwarded to the Inspector-General for safe custody. The bonds of warders shall be kept in the custody of the Deputy Superintendent and sent with the service book when the warder is transferred, they need not be registered.

Note :- No stamp is necessary.

350. Cancelled.

351. Forfeiture of security. - (1) Any officer who violates the terms of his security bond is, as therein laid down, liable to the forfeiture of the whole or part of his security.

No officer shall, however, forfeit any part of his security without the sanction of Inspector-General.

(2) Whenever the Superintendent is of opinion that an officer deserves to have his security forfeited in part or whole, he shall refer the case to the Inspector-General and set forth fully his grounds for such opinion.

Chapter VIII

Uniforms, Accoutrements, Ordnance Supplies and Military Training

352. The uniform for a Deputy Superintendent shall be

Khaki Bushirt - Jali cloth, turned down collars, full sleeves with belt of same cloth, two breast and two side pockets with plain flaps to button shoulder straps plain fastening at top with a button, letters "H.J.", and a brass Ashoka emblem across centre of straps (summer).

Trousers - Slack, Khaki drill without turns.

Shirt Khaki. - Full sleeves, turned down collars with tie, shoulder straps plain fastening at top with a button; letter "H.J." and a brass Ashoka emblem across centre of straps and web belt (winter).

Head dress - Peak cap for non-Keshadharis and Khaki muslin turban for Keshadharis.

Boots :- Brown, ankle laced.

Sword :- Native, Infantry Regulation.

Scabbard :- Brown leather.

Sword Knot :- Brown leather.

Sword-belt - Brown leather Sam Brown belt with one brace over the right shoulder and a sword frog attached by slings to the belt, whistle fastened with a silk cord to be carried in left chest pocket. White metal fittings throughout.

Greatcoat :- Khaki warm - Police pattern but with Jail pattern Buttons.

353. Uniform of Senior Assistant Superintendent, Assistant Superintendent and Sub-Assistant Superintendent. - The uniform for a Senior Assistant Superintendent and Assistant Superintendent and a Sub-Assistant Superintendent shall be the same as prescribed for the Deputy Superintendent but with the following exception:-

(a) Khaki woollen beret with departmental badge in place of peak cap in case of non-Keshadharis.

(b) Three stars of brass in case of Senior Assistant Superintendent, two stars in the case of Assistant Superintendent and one star in case of Sub-Assistant Superintendent shall be substituted for Ashoka emblem.

354. Uniform for European Warder. - The uniform of a European Warder for both winter and summer wear shall be similar to that prescribed for Assistant Superintendent with the following differences :-

(a) A plated badge with the "warder" in half inch electro-plated letters, to be worn on right side of collar.

(b) Pouch and Pouch-belt not to be worn.

Head-dress. - Military Regulation helmet, covered with khaki drill and with khaki muslin pugree for day wear.

Fatigue cap. - Drab woollen cloth for morning and night wear.

[355. (1) The uniform of a warder shall be-]

(a) Winter wear -

Blouse. - Khaki drill made loosely, in length to reach to the tip of wearer's forefinger, to have collar 1 inch high, hooking in front with one hook, two breast pockets with plain flaps fastening with jail pattern buttons of brass, letters P.J., in brass across shoulder straps which will fasten at top with one button, three small size Jail buttons (brass) down the front.

Knicker bockers. - Khaki drill made loosely.

Greatcoat. - Police pattern.

Jerseys. - Woollen, to be worn under the blouse.

(b) Summer wear -

Shirt. - Khahi twill.

Short. - Khaki drill.

Head Dress. - Khaki muslin pugree 5 yards long, one inch of the cloth at either end to be knotted and made into a fringe, and khaki kullah or khaki muslin cloth 4 yards long and 11 inch wide to be worn under the pugree.

Shoes. - Plain country brown leather.

Waist-belt. - Brown leather brass clasp with the letters P.J. and the word "Warder" embossed thereon to be worn over blouse,

Patti. - Khaki cotton.

Note 1 :- Khaki kullas shall be worn by non-Sikh warders and khaki muslin cloth by Sikh warders.

[Note 2 :- Shirts and shorts shall not be worn on special "parades".

(2) The uniform of a Head Warder shall be the same as prescribed for warders with the following additions :-]

(a) Three chevrons on right sleeve above elbow.

(b) Waist belt to have the words "Head Warder" embossed on the clasp.

(3) The senior member of the warder establishment of any jail shall be called Chief Head Warder, and his uniform shall be the same as for warders with the following difference :-

(a) Four chevrons reversed on right sleeve below elbow with a crown above them.

(b) Sword. - Native infantry pattern (Non-Commissioned Officer's pattern).

(d) Sword belt. - Same as for Deputy Superintendent.

Note :- Chevrons shall consist of black braid on red ground.

356. Uniform of a matron or female warder. - The uniform of a matron or female warder shall be :-

A cheddar and kurta of garah cloth with red border 1 inch wide, a Pyjama of plain blue garah cloth, shoes of plain brown country leather, and woollen Jersey for cold weather wear.

357. Certain officers to provide their own uniform. - Every Deputy Superintendent, Senior Assistant Superintendent, Assistant Superintendent, European warder shall provide himself with the uniform prescribed. A supply of drill cloth, buttons, letters, &c., of the standard pattern will be maintained at the Lahore Borstal Institution, where these officers may obtain them on payment.

[358. Articles of uniform, etc., supplied free to warders. - Every warder shall be provided with uniform, etc., free of charge, according to his rank and grade. The articles so supplied, and the period which each article continues to be Government property from the date of its issue, are shown in the following table :-]

Articles	Period which each article continues to be Government property from date of issue	Remarks
MALE WARDERS
1 drill suit	2 years.	4 years for sub jail Dharamsala and 7 years all other jails.
1 drill short	2 years.
1 pugree	1 year.
1 khaki twill shirt	1 year.
1 pair of shoes	1 year.
1 kullah or muslin 4 yards eleven inchs.	2 years.
1 tin polish	1 year
Chevrons	2 years
1 pair cotton pettis	1 year
1 woollen jersey	3 years
1 Greatcoat	4 years
1 set of buttons and letters	5 years
Sword-belt	10 years
Waist-belt	10 years,
Ammunition pouch	10 years,
Rifle sling	10 years
1 whistle	Always
1 sword	Always
1 batton	Always
FEMALE WARDERS
1 chaddar	1 year
1 pair pyjamas	1 year
1 cotton coat	1 year
1 pair of shoes	1 year
1 woollen jersey	3 years
BOTH SEXES
1 kit box	Always	To be uniform in size and colour.
1 charpoy
		Ditto

Note 1 - Two drill suits, 2 pugrees, one shirt, one short, one greatcoat, one Jersey, one pair of shoes and two pair of cotton putties will be issued to male warders and 2 kurtas and 2 pyjamas to female warders as a first issue, in addition to the other articles to which they are entitled.

Woollen jersey and greatcoats shall not be issued to warder enlisted between the 15th April and 1st September, until the 15th of the latter month.

Note 2 - Every jail shall when necessary be supplied yearly with complete suits of uniform (except shoes) for the use of temporary warders, according to season and requirements. Shoes shall, however, be provided for the use of those temporary warders whose appointment is likely to last for a year or more. Articles not in use shall be kept in the custody of the Deputy Superintendent, and time-expired or unserviceable articles of such uniform shall not become the property of such warders. No temporary warder shall be allowed to enter a jail unless he is properly dressed in such uniform.fP.G. No. 6399 H.-Jails dated 20.2.30.

Note 3 - The period passed by a warder or head warder on leave, other than casual leave, should not be calculated in estimating the period due for a new issue of uniform.

Note 4 :- Each jail will stock dubbin and metal polish according to the number of warders at the rate of 1/2 lb. dubbin and 4 oz. metal polish per head per annum. These articles will be kept with the Deputy Superintendent, and will be issued to warders when required for use only. Metal polish will be prepared at the jail in the following manner :-

Kerosene oil	10 oz.
Methylated spirit	5 oz.
Turpentine oil	5 oz.
Globe polish 1 small tin	5 oz.

[Note 5 :- An extra pair of shoes will be issued to warders and head warders posted at Dharmsala Sub-Jail after a stay in each case at Dharmsala for period of 6 months]

359. (1) Preparation of annual indent and other matters concerning the supply of uniform. - (1) The Superintendent shall indent direct on the manufacturing Jails for the articles of the uniform of the warder establishment not later than the 1st September of the year preceding that for which the articles are required.

(2) The Superintendent may indent for uniform for the full permanent establishment of the Jail, together with the number of extra articles likely to be required for temporary warders and in cases of Headquarter Jails for first issues as laid down in the notes to the preceding paragraph.

(3) In the case of articles issued at longer intervals than a year, jerseys shall be requisitioned for one-third and greatcoats for one-fifth of the strength of the warder establishment.

Example. - Greatcoats are supposed to last five years, so that one-fifth of the sanctioned establishment can receive new greatcoats every year, similarly jerseys for one-third of the strength can be indented for yearly, and so on.

[(4) The uniform shall be made according to actual measurement of individuals. The articles of uniform shall be supplied by a Jail or Jails as the Inspector-General Prisons may prescribe.]

(5) The Superintendent shall order the uniform, &c., accordingly, from the manufacturing jails.

(6) When received, they shall be distributed by the Superintendent who shall maintain a clothing register, showing the dates of issue of all articles.

(7) Woollen putties and greatcoats shall be supplied by the Montgomery Central Jail, pugrees by the Multan Central Jail Old, and all other articles by the Lahore Borstal Institution or by such other Jail or Jails as the Inspector- General may from time to time decide.

(8) Each Jail shall be debited with the cost of uniform supplied.

360. The making of uniform. - Every article of clothing shall, before it is issued, be marked with the permanent number of the warder and the date of issue, in one inch figures in the case of woollen articles, and in half-inch figures on cotton articles as follows :-

Blouse, drill - on the inside of back of neck band.

Jersey - on the inside of back between the shoulders.

Great coat on the inside of back between the shoulders.

[Kniker-bokers] - on the waist-band.

Pugree - on the reverse side of one end.

[Putties] on the reverse side of one end.

Note :- For marking cotton articles dhobi's nut with steel dies, should be used; and for woollen articles white paint should be used with wooden dies.

361. Condition under which the free issue of uniform. &c., is made. - (1) Every article of uniform including shoes, supplied free by Government to any warder, is Government property during the period for which it was issued and shall be duly accounted for during such period, but shall be taken by the warder wherever he may be transferred. Each such article becomes, on the expiration of the period for which it was issued, the absolute property of the officer in whose possession it is at the time.

(2) Arms and accoutrements, such as belts, badges, sword-slings, bayonet- frogs, ammunition pouches, batons, &c., shall remain at the jail to which they were supplied, any officer losing or damaging any of these articles otherwise than by fair wear, shall be required to pay the cost of renewal or repair as the case may be.

362. Kit inspections. Lost or unserviceable articles to be replaced. - (1) A kit inspection shall be held by the Superintendent once in each month, ordinarily on the first Wednesday, when every warder shall be required to exhibit all the articles, the property of Government, issued to him. Any article which has got lost or become unserviceable during the period for which it was issued shall be replaced at the expense of the person to whom it was issued, the value being recovered from the pay next due to him, provided that not more than Rs. 2 shall be recovered in any one month.

(2) Spare articles of clothing for sale shall be maintained at each Headquarters Jail and spare buttons and letters for sale at all jails. Any article purchased to replace one lost or unserviceable shall be marked with the purchaser's number and the date on which the last free issue of a similar article was made to him, it shall become his private property when the period of issue of the article of which the substitute it is, expires.

Note :- Two complete drill suits, together with the other articles of uniform issued, are to be submitted for inspection.

363. Adjustment of the cost of uniform when an officer leaves the service. - If a warder is discharged, dismissed or resigns, retires or dies before the period for which any cotton or woollen article of uniform or shoes issued to him expires, the "unused value" of such article shall be deducted from any moneys due to him, and the articles then becomes his property or the property of his heirs. Other articles, the property of Government issued to him, shall be returned to store, a deduction being made for any loss or damage beyond what can be attributed to fair wear.

Note 1 :- The unused value of any article is that part of its total cost which corresponds with the time it is still to last, as compared with the period for which it was issued. In the calculation, less than 15 days shall not be counted and more than 15 days shall count as a full month.

Example. - A pugree should give 12 months' wear. If after three months and eight days the warder to whom it was issued resigns, 9/12 or 3/4 of the cost of the article shall be deducted from any money due to him, and the pugree then becomes his private property. Similarly after 5 months and 17 days, 6/12 or 1/2 the cost would be deducted.

Note. 2 :- In the case of a drill blouse or great-coat, the calculation shall be made on the number of cold weather month's wear the article is supposed to give, and the number of cold weather months remaining, till a new issue of the article becomes due, the cold weather counting from the 15th October to the 15th of April.

Example. - A drill blouse is issued on the 15th October, and is supposed to last two years or 12 cold weather months whether the owner leaves the service on the 1st May or the 1st August following, he shall have to refund one half of the cost, as the drill blouse should still have one cold season wear in it. Similarly if he resigned on the 15th January after wearing it one cold season and half another cold season or nine months in all, he would be required to refund one-fourth of the cost.

Note 3. - When an article of uniform issued to a warder has been unused at the time of his discharge or death it may be taken back.

Note 4. - When the pay due to, and the security deposit, to the credit of a warder, do not cover the estimated unused value of his uniform, all used articles of uniform in his possession shall be auctioned publicly and the proceeds added to the balance of pay and security deposit. Should the total sum so obtained be in excess of the sum recoverable, the balance shall be made over to the warder or his heirs as the case may be, but should the sum be less, the jail shall bear the loss.

364. Disposal of money received for uniform. - All moneys recovered from warders under the provisions of the preceding paragraph shall be credited to government under head O-56 Other Receipts Jail Miscellaneous, and the treasury receipts therefor sent to the Superintendent of Headquarters Jails of the circle, for attachment to the combined annual indent of the circle submitted to the Inspector-General.

365. Issue of uniform on enlistment or when otherwise due. Clothing sheet. - An issue of uniform shall be made to warders at the time of their entertainment. All other issues shall be made as they become due. The date of issue of every article of uniform shall be recorded in a clothing sheet (Form No. 107), which shall accompany the service-book of the warder wherever he may be transferred.

[Note - The period passed by a warder on leave, other than casual leave, should not be calculated in estimating the period due for a new issue of uniform.]

366. Custody of uniform when a warder goes on leave. - (1) When a warder goes on leave for a month or less, he shall make his own arrangements for the custody of his uniform during his absence.

(2) When a warder goes on leave for more than a month, he shall make over his uniform to the charge of the Deputy Superintendent, and it shall not be used by any other person during the officer's absence.

Note - Uniform not in use may be preserved from injury by insects, by sprinkling amongst the articles before them up, a handful of crude burnt borax (sohaga) or a plentiful supply of neem leaves. All woollen articles in store shall be periodically aired.

367. The washing and mending of uniform. - (1) Arrangements shall be made in every Jail for washing warder's uniforms, a monthly deduction to meet the actual cost; being made from each warder. Woollen clothing shall be cleaned at Government expense.

(2) Uniform damaged by fair wear and tear may be repaired by convict labour free of cost.

368. Jail armoury. - A special room near the main gate shall be set apart for storing the arms and ammunition. It shall be furnished with suitable racks for the muskets, and pegs to hang accoutrements on.

[368A. Rules for Jail Armouries. - (a) The armoury should be at all time be kept scrupulously clean-]

(b) A brush or broom should be kept in armoury for cleaning it out on each occasion it is opened for the receipt, delivery or inspection of the stores.

(d) The official directly in-charge of the armoury should take care that it is well and securely locked.

(e) The armoury should not be opened during, or on the approach of, a storm except in the cases of extreme emergency mentioned in paragraphs 436 to 440.

(f) [No lights] or smoking should be allowed inside the armoury.

(g) Boxes containing ammunition or arms should not be thrown down or dragged along the floor.

(h) Empty boxes or loose packing materials should not be kept in the armoury.

N.B. - The Jail Armoury is not to be used for the storage of dynamite or any explosive, except ammunition.

369. Supply of ammunition. Disposal of cartridge cases, &c. The repair of arms. - (1) Indents in quadruplicate (IAFZ 2091) for ammunition, shall be submitted to the Inspector-General for submission to the [State Government], not later than the 15th March of each year. The following scale of ammunition per man is sanctioned annually :-

[Warders - 40 rounds ball, 50 rounds blank and 30 rounds buckshot.]

Only ammunition expended and such as may have deteriorated and needs renewal shall be indented for.

[(2) - Ammunition for Deputy Superintendents, Senior Assistant Superintendents, Assistant Superintendents and Sub-Assistant Superintendents should be indented for on the scale allowed for warders.]

(3) Unserviceable ammunition, empty cartridge cases and lead shall be returned to the arsenal at the time the annual indent is submitted IAFZ No. 2096 being used for the purpose.

(4) Whenever any arms supplied by the Ordnance Department need repair, the Superintendent having inspected the stores and found them repairable, enters them in I.A.F.Z. 2098 in bulk, i.e., Rifles snider pattern 53 No. 7, entering the number in the column headed "as borne on ledger", and also in column headed 'as found.' Column 6 should then be filled in with such explanation as the Superintendent may have to offer such as "fair wear and tear", "repair to be charged to State". etc. The form should then be submitted to the arsenal on which the jail is dependent through the Inspector-General of Prisons, in original only, unless the stores are required to be replaced, when it should be in duplicate and accompanied by a requisition I.A.F.Z. 2091 for the stores required.

(5) All the necessary ordnance forms can be obtained on application to the Inspector-General.

Note 1. - Ball and blank cartridges should be used for practice and buckshot for service only.

Note 2. - Ball and blank ammunition (in metal cases) will only be issued by the Ordnance Department in exchange for an equivalent number of empty fired cases of the same description.

Note 3. - Empty paper black cartridge cases should not be returned into Ordnance Store, but should be destroyed by burning.

Note 4. - For rules regarding the issue and custody of small arms, ammunition and return of empty fired cases, &c., see appendix No. XVII.

370. Firearms to be numbered and placed in-charge of an officer. - Every firearm shall be numbered and placed in the special charge of the officer for whose use it is intended, who will be held responsible that such firearm with the bayonet and accoutrements entrusted to his care, are always kept clean and in good serviceable condition.

Note - A list showing the number and name of each officer, the number of his firearm and the various arms and accoutrements for which he is responsible, shall be pasted up in the interior of every armoury.

371. Firearm to be kept in a special place. Ammunition to be in readiness. - Each firearm shall have a special place assigned to it in the arms' rack, and bearing the same number so that every officer can find his own readily. The firearm when not in use shall be kept in its own place and near it shall be kept always in readiness a packet of buckshot ammunition. Ball ammunition shall be securely locked up and the key kept by the head warder in charge of the Armoury.

372. Inspection of arms, accoutrements and ammunition. - All arms, accoutrements and such ammunition as is left out for emergent use, shall be inspected daily by the head warder incharge of the Armoury and weekly by the Superintendent and Deputy Superintendent.

373. A list of arms, &c., to be sent to Inspector-General on 1st December. - On the 1st December of each year, a list of the arms and accoutrements in stock (Form No. 169) with remarks as to their condition and the quantity of each kind of ammunition in store, shall be submitted for the information of the Inspector-General.

374. Drill and the use of arms. Weekly drill parade. Exemption from daily drill. - (1) Every [Deputy Superintendent, Senior Assistant Superintendent, Assistant Superintendent] and warder shall undergo a thorough training in squad drill and in the use of the arms provided for them. They shall be also put through a course of musketry once a year.

(2) Any Deputy Superintendent, Senior Assistant Superintendent or Assistant Superintendent who has acquired a sound knowledge of drill and is qualified to drill the guard, shall only be required to attend the Superintendent's drill parade which shall take place ordinarily on the Wednesday of every week. On these occasions the whole establishment required to undergo training in drill, and available for the purpose, shall be inspected by and drilled in the presence of the Superintendent. Practice with blank cartridge shall take place at these inspections at least once a month (ordinarily at the first monthly parade). Warders who are proficient in drill shall not except as a punishment, be required to be present at drill parade more than three times a week.

(3) Subject to the provisions of the preceding clause, and to the exemption in the case of head warders, all officers for whom arms are provided, shall, unless prevented by sickness or absence on leave, be required to attend drill for half an hour either in the morning or evening of every weekday except Thursday.

(4) At the weekly inspection parade, the Superintendent should make a close examination of the arms, accoutrements, &c., and satisfy himself that they are clean and in good order, that the men are properly turned out, clean in their persons and clothing, and that no buttons, letters or other articles are missing.

375. Instructions as to saluting superior officers. - The following instructions in regard to saluting superior officers shall be observed :-

For Deputy Superintendents, Senior Assistant and Assistant Superintendents and head warders.

Officer to be saluted	When on parade, armed with sword	When not on parade	If drilling with warders in the ranks
Superintendent, official and non-official visitors, and superior officiers of Government	Shall salute with sword at word of command	Shall stand at attention and salute with hand	Shall present arms at word of command

For Warders

Officer to be saluted	When on parade armed	When passing armed with musket.	When passing unarmed
Superintendent, official and non-official visitors, and superior officers of Government	Shall be halted and present arms at word of command.	Shall slope arms. If marching in squad shall do so at word of command.	Shall salute with hand in military fashion.
Deputy Superintendent.	Shall slope arms at word of command.	Ditto	Ditto

The gate sentry shall salute the Deputy Superintendent by coming to attention on his approach, to any officer superior to the Deputy Superintendent and to every official and non-halt official visitor he shall "present arms". A warder sitting, shall, when any of these officers approaches, rise and stand at attention, before addressing an officer he shall (stand) two paces from him and salute with the hand, he shall also salute when withdrawing.

376. Swords and fire-arms not to be taken into the jail. - Swords and firearms, with the exception of those allowed for the sentry on duty on the central tower, shall only be taken inside the Jail at alarm parades or under the order of the Superintendent or Deputy Superintendent in time of emergency. (See para 334).

Chapter IX

Convict-Officers

377. Convict-officers are public servants. - Prisoners who have been appointed as officers of prisons shall be deemed to be public servants within the meaning of the Indian Penal Code.

378. Three grades of convict-officers. - There shall be three grades of convict-officers, namely, convict-watchmen, convict-overseers and convict- warders.

379. Appointments to be made by the Superintendent. - All appointments to the position of convict-watchman, convict-overseer, and convict-warder, respectively, shall be made by Superintendent : Provided that no prisoner, who does not possess the necessary qualifications, shall at any time be so appointed without the previous sanction of the Inspector- General.

380. Qualifications for appointment to the position of convict-officer. - A prisoner who is physically and mentally fit to perform the duties of a convict-watchman, convict-overseer or convict-warder, respectively shall be eligible for appointment to any such office, provided he possesses the following further qualifications, in respect of each such office, namely :-

(1) For a convict-watchman, that -

(a) he is a prisoner of the casual class; save in the case of jails reserved for habitual prisoners, where prisoners of the habitual class shall be eligible for appointment provided that no habitual prisoner with more than 2 previous convictions shall be appointed as Night Watchman in the habitual barracks;

(b) his substantive term of imprisonment is not less than twelve months;

(d) he is a well-behaved and an industrious prisoner;

[(e) If under sentence of imprisonment for life, he has completed not less than 9 years of his sentence, exclusive of any remission earned under the remission rules;]

(f) he has not been convicted of thuggee, administering poisonous drugs, unnatural offence, kidnapping or abduction for purposes of prostitution, or any, other offence which, in the opinion of the Superintendent, would render it undesirable to appoint him to the office of convict-officer.

(2) For a convict-overseer, that -

(a) he has served as a convict-watchman for not less than three months;

(b) he has, at the time of his appointment earned three-fourth of the remission which it was possible for him to obtain;

(d) his work as a watchman has given satisfaction; and that

(e) he has a fixed abode.

Explanation. - The uncommuted substantive sentence of a life prisoner convicted after the 1st September, 1939 who was eligible and might have volunteered for deportation shall be taken as 14 years for the purpose of promotion to the rank of convict night watchman and convict overseer.

(3) For a convict-warder, that -

(a) his substantive sentence is not less than three years and that he is a prisoner of the casual class;

(b) he has served as a convict-overseer for not less than (a) six months in the case of a prisoner whose term does not exceed three years, or (b) one year in the case of a prisoner whose term exceeds 3 years

(d) he is a resident of India; and that

(e) if under sentence of transportation for life, he has completed, exclusive of any remission earned under the remission system, not less than -

(i) 12 years of his sentence in the case of prisoners who, though eligible, refused to volunteer for deportation, and

(ii) 9 years in case of prisoners who are ineligible for deportation.

381. The general duties of convict officers. - (1) The general duties of a convict-watchman shall be, to -

(a) patrol the inside of wards and assist in maintaining discipline and order at night;

(b) prevent prisoners leaving their berths except with permission and for a necessary purpose;

(c) count the prisoners in his charge frequently, satisfy himself that all are present, and reply when challenged by the outside patrol;

(d) prevent, as far as lies in his power, any breach of Jail rules by any prisoners in his charge, and to report the same.

(e) report cases of sickness and the use of the latrine otherwise than at the times specified in that behalf;

(f) assist in quelling any disturbance and, in case of necessity, defend any official;

(g) perform such task as may be alloted to him during the day and render all proper assistance to the warder in charge of his gang;

(h) when so required, act as a messenger within the Jail wall and escort prisoners from one part of the Jail to another;

(i) watch the jail walls and prevent prisoners from lurking near them;

(2) The duties of a convict overseer shall be to -

(a) perform all or any of the duties of a convict-watchman which it may at any time be his duty to perform;

(b) when so required, patrol the outside of wards all night, in manner prescribed for warders;

(c) see that prisoners keep themselves clean, wash and fold their clothing properly and keep their feeding utensils and fetters clean and bright.

(3) The duties of a convict-warder shall be to -

(a) perform all or any of the duties of a convict-watchman or convict-overseer which it may at any time be his duty to perform;

(b) take charge of a certain number of subordinate convict- officers and prisoners inside the jail and see that the duties assigned to such subordinate officers and prisoners, respectively, are properly performed; and to

(c) take charge of a section of the jail or a workshop enclosure, maintain order and discipline amongst its occupants, exclude therefrom prisoners who are not, and detain therein prisoners who are, in his charge.

382. A convict-officer permanently incapacitated may be reduced. - Should a convict-officer, from any cause, at any time become permanently incapacitated for all or any of the duties required for him, the Superintendent may, with the sanction of the Inspector-General, reduce him to the next grade (if any) the duties of which he is capable of performing or remove him from office.

383. Strength of convict-officers. - (1) The total number of convict- officers shall be fixed by the Inspector-General, subject to a maximum of 10 per cent of prisoners.

384. Cancelled.

Chapter X

The Safe Custody of Prisoners

Section 1

The Guarding of Prisoners

385. Main principles to be observed in guarding. - Every prisoner in a jail shall at all times, both by day and night be in charge of some officer, in such a manner that responsibility for an escape resulting from negligence, can be definitely fixed. A record of the names of prisoners made over to each officer during the day shall be kept in a gang-book and every subsequent change of a prisoner from one gang to another, shall be recorded therein under the authority and signatures of an officer not under the rank of a head warder, who likewise at every change of guard shall be present to witness and verify the number of prisoners made over to the relieving officer. The outer walls of the jail shall be watched by day by convict-officers.

386. Details of the procedure to be observed in guarding. - The following procedure shall be observed in guarding the jail and the prisoners confined therein -

(a) The warder guard shall, after due allowance has been made for leave, sickness, transfer, etc. be divided into two squads as equally as possible which may be called A & B. Squad A will come on duty at 6 A.M. and be relieved by Squad B at noon. Squad B will be on duty till 6 P.M., and will be relieved by the night guard which may be composed partly from Squad A and partly from Squad B.

(b) The Deputy Superintendent and the Senior Assistant and Assistant Superintendents, [Sub Assistant Superintendent] together with the warders who are to go on duty in the morning, shall enter the jail together.

(c) The wards shall be opened and the prisoners counted out by head warders in pairs in the presence of the relieving warders who are to take charge of the prisoners during the first period of day duty. The Deputy Superintendent, Senior Assistant and Assistant Superintendents, [Sub Assistant Superintendent] or senior head warder shall verify the number counted out of each ward by comparison with the entry in the lock up register. A head warder shall take charge of the convict officers who are to watch the jail walls during the first turn of duty and post them round the enclosure walls. When this has been done, the relieved warders of the last night watch shall be marched out of the jail and dismissed.

(d) On the completion of the parades, the prisoners shall be distributed into their respective gangs, and a responsible officer shall be placed in charge of each gang. The responsibility for the charge of a gang shall never be divided between two or more officers. The strength of a gang working outside the jail walls, but within the jail precincts shall not, without the sanction of the Inspector General, exceed 12 prisoners, which number shall include two convict officers; there shall be at least one warder in charge of every such gang. In the case of prisoners working inside jail walls, each gang may, including the convict-officers attached, contain as many men as can be conveniently and effectively supervised and may, when the warders are insufficient in number, be placed in charge of selected convict- officers. Prisoners shall not be employed beyond the jail precincts, without the special sanction of the Inspector-General. For the guarding of gangs sent to work beyond jail precincts, see the extra-mural labour rules, Appendix No. XV.

(e) The warders coming on duty at the opening of the wards in the morning shall be relieved at noon by the squad B which shall be brought into the jail by the head warders taking the second turn of day duty.They shall remain in charge until the prisoners are locked up and the night guard posted. The convict-officers guarding the walls shall in like manner be changed by the senior head warder accompanying the squad of warders entering the jail at noon.

(f) When the warders and convict-officers are posted to the several gangs in the morning; the names of the prisoners composing each gang shall be called from the gang-book in the presence of the officer about to take charge, who shall verify the total by counting them. The officer's name shall then be recorded in the gang-book and his receipt taken. Every long termed and dangerous prisoner should be specially pointed out to the warder about to take charge of him, so that a particular watch may be kept on him. At every change of guard the number of prisoners in each gang shall be counted, and in the case of gangs outside the jail, the names of the prisoners composing each gang shall be called over. In large jails there should be several gang-books, so that the rolls may be called simultaneously to save time. Vernacular convict- writers may, when necessary, be employed to assist in writing up the gang- books.

(g) On the cessation of work in the evening, the gangs shall be collected and the prisoners in each gang counted and verified.

(h) Every warder in charge of a gang working outside the jail walls shall keep a vigilant eye on the prisoners in his gang and shall not allow them to wander or go out of sight on any pretext whatever. He shall be personally responsible for their safe custody throughout the whole period of his duty. Convict-officers assisting a warder incharge of an outside gang shall similarly be responsible for the safe custody of the gang, but their responsibility shall in no way diminish, or detract from the responsibility of the warder. Prisoners working all day at a distance from the jail should be provided with a temporary latrine in close proximity to the work and under the eye of the warder in charge. A warder incharge of a gang inside the jail shall accompany any of the prisoners of his gang when they go outside the jail, leaving the prisoners remaining inside, in the charge of a convict-officer. Only warders of experience should be placed incharge of outside gangs.

387. Evening count, lock-up, and disposal of keys. - (1) After completion of the evening parades, the first section of night guard shall be brought inside the jail by the patrolling officer; the Deputy Superintendent, Senior Assistant and Assistant Superintendents, [Sub Assistant Superintendent] and head warders shall then count the prisoners into their wards, cells or other compartments. When all the prisoners except the convict-officers at the walls and those who are to take part in the first watch, have been locked up, the total number of prisoners shall be verified. If found correct, the patrolling officer shall then post the first section of night guard on the main wall on their respective beats and a head warder shall then collect the convict-officers patrolling the walls, take them to the latrine and ablution platform and thereafter count and lock them up. The number of prisoners locked up in each ward or other building as well as the total number of prisoners in the Jail, shall be shown in the lock-up register (No. 14) to which the Deputy Superintendent shall append his signature in token of its correctness.

(2) On the completion of the lock-up, the keys of the wards, cells and other compartments where prisoners are confined, shall be collected and counted in the presence of the Deputy Superintendent who shall note the number in the lock-up register. He shall then lock the keys into the receptacle provided for the purpose at the main gate and make over the key of such receptacle to the patrolling officer of the first watch. Each patrolling officer shall in turn make over the key to his successor, and the officer of the last watch shall deliver it to the Deputy Superintendent on his entering the Jail in the morning. The keys of the cook-house and of the wards in which the cooks and convict-officers for night duty are confined shall also be placed in the charge of the patrolling officer.

388. Period of night duty. - (a) The last section of the night guard shall not be employed in Squad A on the following day.

(b) No warder or head warder shall be on whole day duty except the gardener and chief warder. All warders other than the gardener and chief warder shall be required to serve on night duty.

389. Employment of convict-officials on night guarding. - (a) The barracks shall be guarded inside by convict-officers and they shall be responsible for escapes from sleeping barracks.

(b) Convict warders and overseers may be employed in guarding the main wall by night when the number of warders is insufficient. There should be at least two warders to every convict-officer on duty at any time.

(d) Convict-officers shall not be employed to guard the main wall at night to a greater extent than is necessary or to relieve warders of their ordinary spell of night duty.

(e) Convict-officers shall not be employed to guard prisoners condemned to death or under-trial prisoners or prisoners in huts or tents outside the jail except in cholera or extra-mural camps. They shall not in any case be so employed without the previous sanction of the Inspector-General.

(f) Only the most trustworthy convict-officers and those with the shortest unexpired sentence should be selected for duty outside the barrack at night.

390. Convict-officers detailed for duty outside to be kept separate. Convict- officers detailed for guarding outside by night shall, when not on duty and whenever possible, be locked up in a ward by themselves. They shall be let out and locked up, before and after their turn of duty, respectively, by both the relieved and relieving patrolling officers.

391. Warders to accompany large gangs taken beyond the jail precincts. - When more than 40 prisoners are taken outside the jail to such a distance that the alarm if sounded cannot be heard at the jail and such prisoners are allowed to work together as one party, two or more warders according to circumstances (in addition to the warders and convict-officers in charge of the gangs), armed with rifles and buckshot cartridges shall be told off to follow the gangs and to station themselves in a suitable position to render assistance, should it be required.

Note :- The order does not apply to extra-mural labour jails for which special arrangements are made.

392. Charge of the under-trial ward. - Unconvicted prisoners shall be guarded by warders and not by convict-officers.

393. Duties of the night watch. - (a) During the night the officer on duty outside shall patrol the main wall of the jail and shall not quit his beat or sit down. He shall be armed with a baton.

(b) The barracks shall be visited once in every hour throughout the night by a patrolling officer who should examine the gratings and doors and satisfy himself that they are secure and that the convict-officer on duty inside is on the alert. He should frequently challenge him with this object and enquire the number of prisoners and if all are present.

(c) The main wall should be lighted with lamps burning brightly all night. The quantity of oil allowed for each lamp shall be from 7 to 10 fluid ounces, according to the season.

394. Roster of officers for duty. Beat at night to be changed. Record to be kept. - (1) A roster showing the turns of day duty of each warder and convict-warder shall be prepared every week, in advance, by or under the orders of the Deputy Superintendent and posted up in some prominent and accessible place. All subsequent changes of duty of officers on the roster should be noted thereon.

(2) No officer should be placed on the same beat two nights in succession, nor informed of his beat till he is about to be posted. A record shall be kept showing the officer put on each beat during each watch.

395. System of watch inside the wards at night. - Every ward or compartment in which prisoners are confined shall be patrolled inside by convict-officers who should be charged daily and relieved at the time the patrolling officer is changed. A roster showing the names of the prisoners told off to patrol each ward with the hours of duty shall be kept. The patrolling officer shall satisfy himself that the convict-watch inside the ward is changed at the time the patrolling officer is relieved. When exceptional precautions are necessary or a ward is of unusual length, two or more convict-officers may be placed on duty at one time, each being allotted a definite beat. Convict-officers whilst on duty shall patrol their wards, prevent, as far as lies in their power, the commission of any breach of jail discipline, satisfy themselves by frequent counting that the prisoners are all present and intimate the fact to the outside patrol at least once every fifteen minutes. At each change of watch the relieving convict-officer shall report to the patrolling officer the number of prisoners present; in case of any unusual occurrence, he shall give immediate notice to the patrolling officer to take any action that may be necessary.

[396. The lighting of wards at night. - Every ward and camp occupied by prisoners shall have suitable lighting arrangement preferably electric installed at suitable strategic points both inside and outside. Besides arrangements in the form of emergency battery separated lights or patromax or hurricane kerosene oil lanterns should be kept ready for instant use in case of power failure.]

[397. Use of night latrines. Prisoners taken ill at night. - No prisoner shall use the night latrine without obtaining the permission of the convict officer on duty, who shall acquaint the patrol at the same time and report to the Deputy Superintendent in the morning the name of any prisoner who uses the latrine for defecation. When it appears to convict-officer that a prisoner is seriously sick, he shall at once bring the fact to the notice of the head warder on duty.]

398. Duties of a head warder on patrol duty at night. - The head warder on patrol at night shall keep on the move, visiting the warders and convict- officers. He shall, on taking over charge, satisfy himself that the correct number of prisoners is reported to be in custody and that everything is secure. When changing guard at night, both the relieved and relieving head warder or senior warder shall change the guard in company. In cases of serious sickness the patrolling head warder shall forthwith send notice to the Medical Subordinate and Deputy Superintendent who shall, if necessary, take steps for the removal of the sick prisoner to hospital. Should any irregularity on the part of warders or prisoners come to his notice he should report the matter to the Deputy Superintendent next morning. Immediate notice shall be given to the Deputy Superintendent of any occurrence requiring prompt action, such as an escape, attempt at escape, riot, fire or serious sickness. He shall see that the main-gate sentry is at his post between the gates and on the alert. Each patrolling head warder or senior warder shall carry a control watch to record the time at which he visits each part of the jail. Punctually at the hour for the relief of the guard, the head warder or senior warder who is to take the next watch shall bring in the relieving warders. He shall search them between the gates both on entering and leaving the jail. This search should be personally conducted at least once a week by the Deputy or Assistant Superintendent. In large jails the Superintendent may, to save time, arrange for the relief of the guard in two places simultaneously.

Note :- A special warder will be employed for awakening the various night guards for their turns of duty.

399. Custody of dangerous prisoners. - (1) Every convict should be allotted a definite sleeping berth, the number of which should be noted in his history- ticket. Wandering about the sleeping barracks at any time is to be strictly prohibited, and the fact of any convict leaving his sleeping berth for any purpose whatever should at once be reported by the convict-official on duty to the patrolling officer who will note the case and inform the Deputy Superintendent on the latter official entering the jail on the following morning.

[(2) Prisoners should not be allowed to approach the gratings unnecessarily and sleeping on the floor between the sleeping berths in the barracks is to be strictly prohibited.]

(3) Special precautions should be taken for the safe custody of dangerous prisoners whether they are awaiting trial or have been convicted. On being admitted to jail they should be (a) placed in charge of trustworthy warders, (b) confined in the most secure building available, (c) as far as practicable confined in different barracks or cells each night, (d) thoroughly searched at least twice daily and occasionally at uncertain hours the Deputy Superintendent must search them at least once daily and he must satisfy himself that they are properly searched by a trustworthy subordinate at other time, (e) fettered if necessary (the special reasons for having recourse to fetters should be fully recorded in the Superintendent's journal and noted in the prisoner's history ticket). They should not be employed on any industry affording facilities for escape and should not be entrusted with implements that can be used as weapons. Warders on taking over charge of such prisoners must satisfy themselves that their fetters are intact and the iron bars or the gratings of the barracks in which they are confined are secure and all locks, bolts etc. are in proper order. They should during their turns of duty frequently satisfy themselves that all such prisoners are in their places, and should acquaint themselves with their appearances.

Light to be kept burning at night. - (4) From sunset to sunrise a good light shall at the discretion of the Superintendent be kept burning in front of the grated door of every cell in which a dangerous prisoner is confined, so that he may at all times be under observation.

400. Letting out cooks to prepare early morning meal. - When it is necessary to let out cooks before day break to prepare the early morning meal the patrolling officer shall, at the hour fixed, let out the necessary number and put them in charge of a warder or convict warder as may be directed.

401. Convict-officers may be posted in the central tower. - In a jail where there is a central tower four selected convict-officers may be posted therein at night, each to take a watch in turn, to act as a means of communication between the watch and the patrolling-officer and to sound the alarm in case of need. A code of signals can be arranged by striking a gong in the tower by which the attention of the Head-warder can be directed to any particular part of the jail.

402. Surprise visit at night. - To enable the Jail to be entered at the night without the knowledge of the patrolling officer and warders on duty inside, a duplicate key of the lock, the original key of which is in the possession of the patrolling officer on duty, shall be kept by the officer in charge of the picket for the relief of the sentry at the main gate.

403. Visits by officials at night, report to be made. - Every Deputy Superintendent, Senior Assistant Superintendent and Assistant Superintendent, [Sub Assistant Superintendent] shall, in the case of a Central Jail, ordinarily visit all parts of the Jail at night at least once a week and of a District Jail twice a week each on different nights, and see that the officers on duty are on the alert and moving on their beats, that the prisoners are quiet and on their berths and the lamps are showing sufficient light. The time of the visit should not be made known before hand. The date of the visit, the hour of entering and leaving the Jail and a report of any unusual occurrence that comes under observation, shall be recorded in a book which shall be provided for the purpose at the main gate. This book shall remain in the custody of the gatekeeper during the day and the sentry during the night. The gate-keeper should produce it before the Superintendent on this arrival at the Jail in the morning.

Note - In the District Jails the Chief Head Warder may also be required to visit the Jail at night.

404. Opening wards at night, precautions to be taken. - To the door posts of all sleeping wards shall be affixed a chain with a hook at the free end which can be attached at will to the door, so as to admit or allow the exit of one person at a time and no more. Should it be necessary to open a sleeping ward at night for purposes other than the emergency of fire, previous to unlocking the door the chain should be hooked on. No ward shall be opened at night unless the Deputy Superintendent or Senior Assistant Superintendent or Assistant Superintendent or [Sub-Assistant Superintendent] and one other officer are present except in the case of fire.

405. Locks to be out of reach. - The locks of the doors of all sleeping wards and cells shaft be so arranged that no prisoner can reach them from the inside.

406. Custody and control of prisoners outside the Jail. - A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of prison-officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.

Police Guards

407. Police Guards to be provided under certain conditions. - Whenever it is necessary to place prisoners in confinement in any place without the wall of the Jail the Superintendent shall apply to the Superintendent of Police for such police guards as may, in the opinion of the latter officer, be necessary and the Superintendent of Police shall supply such guard accordingly.

408. Responsibility of Police Guards when guarding prisoners. - In every case in which any prisoners are guarded by the police under the provisions of the preceding rule, the responsibility for the safe custody of the prisoners shall rest with the police.

409. Action when any jail becomes temporarily insecure. - If, from any cause, any Jail, at any time becomes temporarily insecure, the Superintendent shall inform the Superintendent of Police of the fact, and it shall be the duty of that officer to supply such police guard as he may think necessary to provide for the safety of the prisoners until the Jail is made secure.

Section II

Alarm Parade, Escapes and Outbreaks

410. Preparations and procedure for dealing with cases of escapes and disturbance. - The precautions to be taken and the procedure to be adopted to guard against and deal with case of escape and disturbance in jails, are as follows :-

(a) The main gate sentry of every jail shall be provided with a bell, gong or drum with which to raise an alarm, he shall also be provided with means for raising an alarm. When prisoners are working in large numbers either inside or outside the Jail, at a point so distant that a warder's whistle sounded at such place, cannot be heard by either the main gate sentry or second sentry, a gong or other pre-concerted means of conveying information rapidly of any untoward occurrence, shall be provided. Immediately a prisoner is found to be missing or in the event of any attempt to break Jail or on any other disturbance taking place or event appearing imminent, an alarm parade shall be called and the Deputy Superintendent shall despatch a messenger to convey brief information of what has happened to the Superintendent.

(b) The Officer who first notices the incident, whatever it may be shall blow his whistle continuously and all warders and convict-officers on hearing it shall repeat the whistle till the continuous sounding of the alarm, gong or bell at the Jail gate shows that the information gas reached there. A sentry on hearing a whistle, or a bell or gong sounding the alarm in any part of the Jail or its neighbourhood, shall repeat the alarm till the whole establishment is thoroughly aroused. The bell or gong used for sounding an alarm should be of a different tone to that used for ordinary parades, if there be a bugler on the establishment, his services should be availed of to sound the alarm on his bugle. The Head Warder on duty at the place where the alarm originated, shall despatch a junior warder or a trustworthy convict- officer with all haste to the jail gate, to convey such information as is known regarding the character of the occurrence that has or is about to take place, so that the Deputy Superintendent or other officer incharge may be in a position to direct operations accordingly, for instance, in the case of an escape, the prisoner's name, where he was last seen, the direction he has probably taken and the part of the jail or jail precincts he has disappeared from will all be valuable pieces of information in leading to his recapture; in case of a disturbance, the locality in which it occurred and the approximate number of prisoners engaged in it will enable the officer in command to dispose of his forces in the most effective manner for its suppression.

(c) Promptitude in starting an alarm is a most urgent and important duty. When a prisoner is discovered to be missing or a disturbance has broken out or is on the point of breaking out, no attempt at a search or at suppression, as the case may be, shall be made, till measures are first taken to give the alarm; the fact that the missing man was found or the disturbance put down without the necessity of doing so shall not be accepted as palliating, in any way, neglect of this order.

(d) On hearing the sound of the alarm, the warders in charge of gangs outside the jail shall collect their prisoners and march them to a prearranged place where a sufficiency of belchains shall be disposed during working hours. The prisoners, other than convict-officers, shall sit in single file and the chain having been passed through their ankle rings shall be secured by locking. The lock may remain at all times on one end of the chain, but the key, whether a parade is in progress or not, shall remain with the senior warder in charge of the gang and shall not be entrusted to a convict officer.

Note - As an alarm parade may be ordered at any time and it is of importance that prisoners should not know whether any given parade is merely for practice or not, the same attention to details should be given on all occasions. In the case of an attempt on the part of a body of prisoners to break out of the main gate, it would be unwise to open the gates or wickets for the purpose of returning extra-mural gangs into the jail until the enclosure in the vicinity of the inner gate is first cleared of prisoners, for this reason gangs at work outside should, on the occurrence of an alarm, be chained up where the work is in progress.

(e) At time of alarm, all prisoners inside the jail shall, with the exception of convict-warders and overseers, be locked into the nearest or most convenient ward, work-shop or other building. The convict-warders and overseers may be employed to guard the walls, patrol outside barracks or in such other way as they may be directed. The other convict-officers who are locked in with the prisoners shall be required to maintain order in the building in which they happen to be confined.

(f) On the sound of the alarm, every jail official (except warders in charge of gangs), shall proceed immediately, no matter where or how engaged or whether in proper uniform or not, to the jail armoury and arm himself with his rifle and 10 rounds of buckshot ammunition. He shall then fall into line and place himself under the orders of the Deputy Superintendent or other officer present. The procedure to be followed by the officer in charge must necessarily depend on the character of the occurrence with which he has to deal. In all cases, however, a sentry should be posted on the roof of the main gate or other position where he can command a view of the interior of the Jail, and two small pickets, each in-charge of a Head-warder or Senior Warder should be despatched to take up positions near the rear angles of the jail, and instructed to prevent any attempt on the part of prisoners to scale the walls in that direction. A few men should be set aside as a reserve to render assistance at any point where their services may be specially required and with instructions to proceed to the spot from which the sound of a rifle shot comes : (warders in need of assistance shall fire a shot in the air to intimate the fact). When prisoners are chained up outside the Jail, it will be also necessary to post a small picket over them. The disposal of the remaining men will depend on circumstances.

(g) If it be a case of escape or disturbance outside the Jail, it shall be the duty of the officer incharge to despatch his spare men in search of the missing prisoner or to take measures to quell the disturbance, as the case may be, using his powers with discretion and effecting his object with as little display of force as is under the circumstances necessary.

(h) Should it be a case of riot or disturbance inside the Jail, the officer incharge will have to lead his men in to put it down. Before taking such a step, however, he shall first satisfy himself by enquiry from the sentry on the roof of the gateway that there are no prisoners in the enclosure in the vicinity of the gate. Should there be, the gate should not be opened till the crowd is dispersed, and this can be effectually done, from the gateway roof. He shall then lead his men in double file or in "fours" between the gates. When the outer gate has been bolted and locked, the inner one may be opened and the men marched in double time to the scene of the disturbance, to act as the officer in command may dictate.

(i) Whether an alarm is real or false all the details, from the preliminary whistle of the warder to the conclusion of the search for the missing prisoners or the suppression of the disturbance, as the case may be, should be carried out. To accustom warders to the different circumstances with which they may be called upon to deal and test their preparedness to turn out at short notice, an alarm parade shall be held twice a month at any hour of the day or night without previous warning and started from one of the places where prisoners are usually assembled.

(j) In the case of an escape or disturbance at night, or after all the gangs are inside the Jail, the same method of starting an alarm shall be followed, namely, the blowing of a whistle and the conveyance of the necessary information to the Jail gate, by the patrolling officer if after lock-up, or by some junior official if before that time. A sentry shall be posted over the main gate and the necessary pickets sent to the rear of the Jail to frustrate any attempt at an escape, as is done in alarm parades by day. If it be reported that a prisoner has escaped and it appears probable that he is still lurking within the Jail, convict warders with lighted torches shall be posted at intervals inside the enclosure walls and the remaining warders divided into two parties each with lighted torches, one to search inside and the other outside the jail.

Note :- Torches ready for use and a sufficiency of oil should be kept in a box at the main gate.

(k) It is the duty of the gate sentry at times of alarm to defend the gate and to protect any officer of the prison or other person to whom a prisoner may be actually using violence.

(l) Absolute silence should be preserved at alarm parades and all the details carried out in an orderly and systematic manner. Senior Assistant Superintendents, Assistant Superintendents, Head-warders and Senior-warders who have to take charge of detached parties of men, should be informed beforehand of the duties required of them so that they may know exactly what to do and where to go to when the alarm sounds, without waiting for instructions from the officer in charge.

(m) In case of a disturbance, the officer in charge should keep his men together in line and not allow them to approach the body of prisoners nearer than thirty yards, from which distance he is in the best position to deal with the rioters. A few warders should in all cases be armed with batons and supplied with handcuffs to arrest and secure any ring-leaders or escaping prisoners.

Note - Police teargas squads may be requisitioned by the jail in the case of emergency when considered necessary.

(n) The alarm shall be concluded by blowing "the retire" on a bugle or sounding the alarm gong as a signal for all officers who took part in the parade to return to the Jail gate, fall into line and be dismissed by the Deputy Superintendent.

(o) The Deputy Superintendent shall note in his journal the date and hour at which the parade was held, the time taken by the warders to fall in and arm themselves, the names of any subordinates who were late or absent, and any defects that were noticed.

[410A. - In the event of a disturbance occurring in the Jail which is likely to develop into a serious riot, the Superintendent of Jail shall send a message to the District Magistrate or in his absence the next Senior Magistrate present in the station, on the telephone or by a fast messenger, informing him about the situation and if he (Superintendent, Jail) considers that the presence of the District Magistrate or in his absence the next Senior Magistrate is necessary, he will at the same time request him to come to the Jail. On receipt of such a message, the above mentioned officer will immediately proceed to the Jail and it will be open to him to take all such measures as may be necessary in the special circumstances of the case, to restore order, vide clause (b) of the general directions under sub-section (2) of Section 11, issued by the Local Government, as embodied in paragraph 45 of the Punjab Jail Manual. All actions taken will be promptly reported by him to the higher authorities.]

411. Assistance from police. - (1) The Superintendent shall, in consultation with the Superintendent of Police, make such arrangements for a concerted plan of action in the case of an outbreak or escape, as may seem advisable.

(2) The Deputy Superintendent shall, on the occurrence of an escape or outbreak, send word to the officer in-charge of the nearest police station.

412. Notice of an escape to be sent to certain officers. - (1) When an escape has taken place and attempts at recapture have been ineffectual, immediate notice shall be sent to the Superintendent Police and to the District Magistrate, accompanied in each case by descriptive roll of the prisoner with all the information available, including his usual place of residence, for purposes of identification. If the prisoner belongs to a district other than in which he was confined reports and descriptive rolls shall be sent to the Magistrate of that district and the Magistrates of all the districts he is likely to traverse on his way to his home; a report and descriptive roll shall also be sent to the Superintendent of Railway Police, should the prisoner be at all likely to avail himself of the railway and if it appears expedient, information shall be sent by telegraph to the police of other districts.

(2) The Superintendent shall, on the occurrence of an escape or any other serious unusual event, immediately report the same by telegram to the Inspector-General.

413. Reports to the Inspector-General of escape and recapture. - (1) A brief report (Form No. 148) on every escape that takes place, shall be submitted to the Inspector-General at once, to be followed by a full report detailing the results of the enquiry which the Superintendent shall make as soon after the occurrence as possible. A copy of the Judgment in the case of a prisoner tried for escaping, shall also be submitted to the Inspector General. In the case of escapes that have not been due to negligence alone but in part to some defect in the buildings or in the method of guarding, such defect should be clearly pointed out.

(2) A report of the recapture of a prisoner shall be made to the Inspector- General (Form No. 149) giving particulars of the date and circumstances of recapture and such additional details of the escape as may be elicited from the prisoner.

Note - The report in Form No. 148 and the detailed report should be submitted in duplicate for transmission of one copy to Government.

[414. Attempts to escape to be reported. - (1) Every attempt to escape, with the particulars in each case, shall be reported to the Inspector-General in Form No. 148, accompanied by a descriptive roll of the prisoner.]

(2) A brief report of every attempt to escape should also be made to the District Magistrate.

415. Rewards for recapture. - (1) Superintendents of Jails may give a reward fixed on a consideration of all the circumstances but in no case exceeding Rs. 100 for the recapture of any escaped prisoner irrespective of the prisoner's sentence.

(2) Whenever peculiar circumstances render it expedient to offer a large reward special application shall be made to the Inspector-General who is empowered to sanction up to Rs. 500 for the recapture of any prisoner. Should the Inspector-General consider a still higher reward necessary, he shall refer the case for the orders of Government.

[(3) No rewards for the recapture of a prisoner who escapes from the custody of the police shall be paid by the Jail Department.]

Note 1 - Any Government servant may receive, without special permission, any reward offered for the arrest of a criminal, etc.

Note 2 - When two or more persons have been instrumental in the recapture of any prisoner who has escaped from a Jail, the reward shall be divided amongst them in such manner as the Inspector-General may direct.

416. Reward for a prisoner preventing an escape. - Every prisoner who assists in any way whatsoever in preventing an escape shall, if he cannot be adequately rewarded by the Superintendent under the remission rules, be brought to the notice of the Inspector-General.

417. Procedure on recapture of a prisoner. - (1) On the recapture of a prisoner, the fact shall be notified to all officers who have been addressed under paragraph 412.

(2) A recaptured prisoner may be admitted into and detained in jail on the authority of his original warrant; the time he was at large does not count as sentence served.

418. Prisoner not recaptured to be entered in release register. - The name, register number, and date of escape of every prisoner who has escaped and has not been recaptured, shall be entered in a blank page of the release register and copied into every subsequent register brought into use for ten years unless he has been recaptured in the meantime, when his name shall be marked off and the date of recapture noted.

419. Cancelled.

420. Procedure when a sentence in connection with an escape is inadequate. - Should a sentence passed on a prisoner for escaping or attempting to escape or on a jail officer for negligently suffering or conniving at the same, be in the opinion of the Superintendent inadequate, he shall refer the case to the Inspector-General who may, if he thinks fit, report the case to Government with a view to the enhancement of the sentence.

[421. Construction of the outer walls of a jail. - The outer walls of every jail should be rounded on top : cornices, projections of any sort or broken glass, only afford a hold for a blanket or cloth. At every junction of a partition wall with the outer wall and at every angle in the outer wall, a sufficient addition should be made to the height to prevent the possibility of any prisoner scaling the wall at these places. The main enclosure wall of a jail shall ordinarily not be less than 4.5 metre high and a clear space of 4.8 metre should be left between it and any building on either side of it.]

422. Report of assault or disturbance. Certain convicts not to be entrusted with knives, &c., jail locks. - (1) A full report of every serious assault committed by a prisoner on an officer of the jail and of every serious disturbance or combined outbreak amongst prisoners shall be submitted to the Inspector-General.

(2) Convicts of a sulky, morose or violent temper should on no consideration be entrusted with knife or other implement which might be used as a weapon of offence.

(3) All locks in use in a jail should be examined daily and any lock found out of order, brought to the Deputy Superintendent who shall replace it with a serviceable one.

Note :- Lever locks should not be lubricated with vegetable oil, as it causes the levers to stick and renders the lock easy to pick.

[(4) Even where there has been a cognizable crime which is to form the subject of police and magisterial enquiry and subsequently ends in a criminal trial, the Superintendent must at once conduct enquiry, and submit the result to the Inspector-General on the aspect of jail discipline and the observance of rules involved in the case, and if he finds that any officials are to blame, he should state how he supposes to deal with them.]

(a) Confinement in Irons

[423. Prisoners may be required to wear fetters and belchains. - The Superintendent may, at his discretion, require all or any prisoners to wear fetters while confined in any place without the walls of the Jail. In cases of grave emergency belchains may also be used. Belchains may not be used inside the Jail except in cases of grave emergency and when their use inside a jail becomes necessary an immediate report of the circumstances will be made to the Inspector-General of Prisons.]

424. A supply of fetters and belchains to be maintained. - With the exceptions to be noted hereinafter, fetters and belchains for not less than 25 per cent of the number of male prisoners for whom there is accommodation capacity shall be kept in every jail in future.

In each of the following jails, fetters and belchains for 2,000 prisoners shall be kept in stock to meet emergencies : Lahore Central; Montgomery Central; and Jullundur.

The reserve stock is to include at least 50 per cent of chain fetters.

425. Confinement in irons for safe custody. - Whenever the Superintendent considers it necessary (with reference either to the state of the prison or the character of the prisoners) for safe custody of any prisoners that they should be confined in irons, he may, subject to such rules and instructions as may be laid down by the Inspector-General with the sanction of the Local Government, so confine them.

426. Confinement of prisoners under sentence of transportation in irons. - (1) Prisoners under sentence of transportation may, subject to any rules made under Section 60 of the Prisons Act, be confined in fetters for the first three months after admission to prison.

(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the Inspector-General for sanction to their retention for the period for which he considers their retention necessary, and the Inspector-General may sanction such retention accordingly.

427. Confinement in fetters of convicts sentenced to transportation. - (1) A prisoner sentenced to transportation may be confined in fetters :-

(a) when in the opinion of the Superintendent, it is necessary for the purpose of keeping him in safe custody, to so confine him;

(b) in pursuance of a punishment lawfully inflicted.

(2) Save as provided in clause (1), no such prisoner shall be confined in fetters.

428. Description of irons which may be used. - In placing prisoners in irons in exercise of the powers conferred by Section 56 of the Prisons Act, 1894, no irons of any kind other than one of the kinds prescribed in paragraphs 614 and 617 infra, and in the case of fetters, other than bar- fetters or link fetters, shall be imposed on any prisoner.

429. Prisoners exempted absolutely. - The imposition of fetters is prohibited in the following cases, namely :-

(a) female prisoners;

(b) civil prisoners;

(d) convicts who by reason of age, physical infirmity or serious illness, are, in the opinion of the Medical Officer, unfit to be placed in fetters.

430. Prisoners ordinarily exempted. - Fetters shall not ordinarily and without special reasons, to be recorded by the Superintendent in his journal, be imposed on any:-

(a) convict, the unexpired period of whose term of imprisonment is less than six months;

(b) convict who was undergone three-fourth of his substantive sentence of imprisonment;

(d) prisoner under sentence of death; or

(e) convict who is being produced in court.

431. Imposition of hand-cuffs when permissible. - Hand-cuffs, may, as a measure of restraint, be imposed on any prisoner, if the Superintendent is of opinion that their imposition is necessary for the protection of the prisoner himself or of any other person :

[Provided that whenever hand-cuffs are imposed on any woman or civil prisoner, the Superintendent shall immediately report such cases with his reasons therefor to the Inspector-General of Prisoners for his approval.]

432. Record of cases in which irons are imposed. - In every case in which any prisoner is placed in irons of any description, the fact that they have been imposed and the time of their imposition and removal, respectively, shall be noted, in the case of a civil prisoner, in the Superintendent's journal and, in any other case, on the prisoner's history- ticket.

433. Fetters to be examined periodically. - (1) All fetters imposed on prisoners for safe custody shall be examined daily by a Head-warder and once a week by the Deputy Superintendent who shall notify the fact in his journal. The fetters of dangerous prisoners should be examined daily by the Deputy Superintendent, Senior Assistant or Assistant Superintendent, [Sub Assistant Superintendent.]

(2) Care should be taken that the fetterings cannot be drawn over the feet and that the rivets fit the holes and have sufficient head on each side.

Note :- (1) All prisoners required to wear fetters or ankle rings should be provided with pliable gaiters to prevent abrasion of the skin.

[Note :- (2) A loin-cloth of the standard size, viz., 1.8x9 metre shall be issued to prisoners in barfetters in lieu of kachhas or trousers.]

In note 2 under para 433 size of loin cloth should be read as 1.8 metre X.9 metres.

434. Annual statement of prisoners in fetters. - An annual statement (Form No. 142) showing particulars of the cases in which fetters have been imposed during the year, shall be submitted on or before the 20th January, of the succeeding year, to the Inspector-General.

435. Removal of fetters. - Fetters imposed for security shall be removed by the Superintendent as soon as he is of opinion that this can be done with safety.

(b) Use of arms against Prisoners

[436. Use of arms when permitted. - Any officer of the prison may use a sword, bayonet, fire-arm or any other weapon against any prisoner escaping or attempting to escape : Provided that resort shall not be had to the use of any such weapon unless such officer has reasonable ground to believe that he cannot otherwise prevent the escape.]

437. Outbreaks and attempted outbreaks. - Any officer of the prison may use a sword, bayonet, firearm or any other weapon on any prisoner engaged in any combined outbreak or in any attempt to force or break open the outer gate or enclosure wall of the prison and may continue to use such weapon so long as such combined outbreak or attempt is being actually prosecuted.

438. Using violence to an officer. - Any officer of the prison may use a sword, bayonet, firearm or any other weapon against any prisoner using violence to any officer of the prison or other person : Provided that such officer has reasonable ground to believe that the officer of the prison or other person is in danger to life or limb, or that other grievous hurt is likely to be caused to him.

439. Warning to be given. - Before using fire-arms against a prisoner under the authority conveyed in paragraph 436 of this Part, the officer of the prison shall give a warning to the prisoner that he is about to fire on him.

440. Orders of superior officer. - No officer of the prison shall in the presence of his superior officer use arms of any sort against a prisoner in the case of an outbreak or attempt to escape except under the orders of such superior officer.

Chapter XI

The Admission of Prisoners

NOTE - The authority of an officer in charge of a jail to give effect to any sentence, order or warrant for detention, to contained in Sections 3, 15 and 16 of Act III of 1900.

441. No prisoner to be admitted at night. - No prisoner shall, except on transfer from another jail, be admitted into any jail before sunrise or after 4.30 P.M. from 1st October to 31st March, and 5.30 during summer from 1st April to 30th September :

Provided this restriction will not apply in the case of -

(i) women undertrial prisoners, who shall be admitted in Jails at whatever time presented for admission by the Police and on all days including Sundays and jail holidays;

(ii) and male undertrial prisoners in respect of whom it is reported by the Police on their warrants by a red ink entry that they have got to be identified in an identification parade, who shall be admitted in jails at all hours on all days including Sundays and Jail Holidays.

Note - All prisoners including undertrials returning from courts will be admitted in the jails after lock-out till half an hour after the working hours of the courts as prescribed by Government from time to time.

442. No person to be admitted without a proper warrant. Procedure on refusal. - No person shall be admitted into any jail as a prisoner, otherwise than under a lawful warrant or order of commitment addressed to the Superintendent or officer in charge of the Jail by a competent Judicial tribunal or other proper authority.

443. Identification of prisoner. - Before admitting a prisoner, the Deputy Superintendent shall question him and ascertain that his name and other particulars correspond with those entered in his warrant.

443A. Procedure when a prisoner has not been identified. - On receipt of information from the police that a prisoner has not been identified, the Superintendent of Jail will, cause the word "Unidentified" to be entered prominently in red ink on the prisoner's history-ticket, warrant and, in the admission register. When such a prisoner receives or dispatches a letter the Deputy Superintendent who is required by paragraph 556 to open and inspect all such correspondence, shall make a note of the name and address of the sender, or addressee as the case may be, and if any facts mentioned in the communication which may afford a clue to the identity of the prisoner and shall forward the same through the Superintendent of the Jail to the Superintendent of Police of the district from which the prisoner was received.

The Deputy Superintendent shall similarly communicate to the Superintendent of Police the names and addresses of relatives or friends who visit the prisoner in Jail.

444. Procedure if a warrant is illegal or irregular. - (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 Jail, 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 provided in Section 17 of the Prisoners Act, 1900.

(2) If any error or omission, which is, in the opinion of the Superintendent due to mere oversight or mistake, is found in any warrant or order of commitment, or, if the sentence or order passed, though within the competency of the tribunal or authority which passed it, is in any way defective in form or otherwise irregular, he may receive the prisoner subject to reference to such tribunal or authority as the case may be for orders.

445. Examination of warrants. Notes of explanation. - All warrants shall be examined to ascertain whether they conform to the Code of Criminal Procedure and the Orders of the High Court.

Note 1 - A warrant ordering imprisonment without specifying whether it is to be simple or rigorous imprisonment, an undated, an unsigned or an unsealed warrant shall be returned for correction.

Note 2 - If a warrant purporting to have been issued by a Magistrate of the third class directs that a prisoner be subjected to rigorous imprisonment for a single offence for over one month, the case should be referred and the sentence not carried out pending revision.

Note 3 - A sentence of flogging is irregular - (a) in the case of a prisoner also sentenced to imprisonment for more than five years; (b) in the case of a prisoner 45 years of age or upwards; (c) in the case of women; and (d) in the case of a prisoner also sentenced to imprisonment for less than three months.

Note 4 - The amount of solitary confinement ordered on a warrant is dependent on the term of sentence and should not be more than is allowed under Section 73 of the Indian Penal Code.

Note 5 - Every warrant should show the class (habitual or casual) to which the prisoner belongs, and in the case of those previously convicted a statement showing the previous convictions should be attached.

Note 6 - In cases in which more than six months' imprisonment is awarded by a European Magistrate and the warrant is not filled up in English, a fresh warrant in due form should be called for and substituted for that originally sent.

Note 7 - Warrants issued by Indian Magistrates must necessarily be in Urdu. The objects to be attained are that the officer who signs a warrant should be responsible for its contents, and that all warrants should, as far as possible, be uniform. (Such warrants shall be translated into English at the jail).

Note 8 - The Superintendent of a Jail is justified in refusing to receive or detain a prisoner in jail on a warrant to which is affixed a signature by means of a stamp. But he should ordinarily adopt the procedure detailed in note 12 below.

Note 9 - All warrants should be signed in full (not initialled) by the Judge or Magistrate who issues it and should be sealed with the seal of the court.

Note 10 - In the case of persons on which separate sentences are passed, care should be taken to state in the warrant of commitment to imprisonment the dates from which each sentence to have effect.

Note 11 - 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 12 - The Superintendent of a jail should not refuse to admit a person where the above instructions have not been carried out but he should draw the immediate attention of the Magistrate concerned to the defect, and ask for its rectification at once sending at the same time a copy of his letter to the Magistrate of the district for his information.

Note 13 - Warrants for the release or remission of sentences of prisoners confined in Jail, warrants for the release of prisoners on bail and intimations of payment of fines sent to Jail authorities should always be drawn up in the vernacular of the officer issuing the order and should be signed in full by such officer and sealed with the seal of his court. They should be sent to the Jail authorities through an official messenger of the court or through the agency of the post and not through the friends or relatives of prisoners.

[Note 14 - There should be a separate warrant or notice for every prisoner even if two or more prisoners have been jointly charged or convicted.]

446. Procedure when representations are not attended to. - The Superintendent shall in any case in which his representations have not been attended to by the court addressed, take action under Section 17 of Act III of 1900.

447. Copy of warrant returned for correction to be kept. - 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. Blank forms of warrants shall be kept for this purpose.

448. Procedure when the legality of a warrant to doubted. - (1) Where an officer in charge of a prison doubts the legality of a warrant or order sent to him for execution of 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 Local Government, by whose order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.

(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner and with such restrictions or mitigations as may be specified in the warrant or order.

Note :- Under Section 438 of the Code of Criminal Procedure, the District Magistrate is empowered to remove certain irregularities in warrants. It is only when an irregularity exists, that cannot otherwise be set right, that a report should be made to Government under Section 17 of the Prisoners Act, 1900.

449. Two or more sentences, how to take effect. Procedure in case of doubt. - (1) Regarding the manner in which two or more sentences inflicted at the same time or at different times on the same person are to take effect, see Sections 35, 396 and 397, Criminal Procedure Code.

(2) In case of doubt as to the order in which sentences shall take effect, the instructions of the court imposing the latest sentence shall be taken.

450. Date of release. Responsibility for correctness. - (1) The date on which a prisoner is entitled to be released shall be calculated by the Deputy Superintendent and an entry made in the release register (No. 4) under that date, giving the name and serial number, etc., of the prisoner. It is not the duty of the committing officer to note date of release on the warrant; if such date is noted incorrectly or omitted, the warrant shall not be returned for correction on that account.

(2) In case the date of release be changed either by the imposition of additional imprisonment or by remission of any part of the sentence, or by absence on bail or after escape, a new date of release shall be fixed and an entry made under that date. The old entry should be scored through with red ink and a reference made against it to the new date fixed.

(3) The Deputy Superintendent shall himself check each entry in the release register and admission register and shall be personally responsible for their correctness.

(4) When a person undergoing sentence under a conviction in British India in any of the jails in the Punjab is surrendered to an Indian State or foreign jurisdiction, his sentence shall be deemed to be suspended until the date of his re-surrender when it shall revive and have effect for the portion thereof which was unexpired at the time of his surrender.

451. Entry when whipping to awarded. - When whipping is awarded in addition to imprisonment, an entry shall be made in red ink in the release register on the page for the day on which the prisoner is to receive stripes. Should this date be uncertain, owing to an appeal being lodged two or three forward entries shall be made as a reminder that the prisoner is to be brought up at the proper time to receive stripes.

452. Certain days to count as days of sentence. Proviso. - (1) In calculating the day on which any prisoner is entitled to be released, the day on which the sentence is passed and the day on which the prisoner is released, respectively, shall be deemed to be days of imprisonment :

Provided that if, in the case of any prisoner, two or more sentences are to be undergone otherwise than concurrently, no day shall be counted as a day of imprisonment in respect of more than one such sentence, and that a sentence of imprisonment for one day or for twenty-four hours shall be deemed to expire on the morning of the day following that on which the sentence was passed.

(2) In calculating periods of imprisonment expressed in months, a month shall be deemed to be a calendar month.

Example. (1) - A prisoner sentenced to one year's imprisonment on the 15th January, 1900; shall be released on 14th January 1901; a prisoner sentenced on the 1st January to one month's imprisonment shall be released on the 31st of the same month.

Example (2) - A, B and C are sentenced, respectively to one month's imprisonment on the 29th, 30th and 31st January, 1899, all three sentences expire on the morning of the 28th February.

453. Periods to be excluded from sentence. - When, by order of any competent authority, any prisoner is released on bail or the operation of any sentence of imprisonment passed upon any prisoner is, for any reason, suspended for a time, and such prisoner is subsequently again lawfully committed to prison, the period during which such prisoner was so released on bail or sentence of imprisonment passed, on such prisoner was so suspended, shall, unless the warrant or order of recommitment otherwise directs, be excluding in calculating the period of the sentence :

Provided that :-

(a) a prisoner who is released on bail on the day on which the sentence of imprisonment is passed, shall not be deemed to have undergone any part of his sentence until he is again placed in confinement; and that

(b) this rule shall not be deemed to apply to persons undergoing imprisonment under the provisions of Section 123 of the Code of Criminal Procedure.

Note :- A prisoner released on bail on a day subsequent to that on which he was committed to jail but who is again re-committed to undergo sentence in the same case, shall be entitled to count every day of admission and every day of release as days of imprisonment in respect of such sentence.

454. Date of release when a period has been excluded from sentence. - When a period has been excluded from a sentence under the preceding rule, the mode to be adopted in calculating the date of release is - take the full term of the sentence as commencing from the date of readmission and deduct from it the number of days already passed in jail; the date so arrived at will be the date on which the sentence expires.

455. Operation of a second sentence when a first sentence is set aside. - (a) When a prisoner has been committed to jail at one trial under two separate warrants, the sentence in the one to take effect from the expiry of the sentence in the other, the date of such second sentence shall in the event of the first sentence being set aside on appeal, be presumed to take effect from the date on which he was committed to jail under the first or original sentence.

(b) When separate sentences have been passed in separate trials and the sentences are to run consecutively under Section 397 of the Code of Criminal Procedure the operation of the second sentence will, in the event of the first sentence being set aside on appeal, commence from the date of conviction in the second case.

456. Date from which a sentence finally passed shall count. - When an appellate court modifies a sentence passed by a lower court without change of section or when an appellate court passes a new sentence by changing the conviction section or the punishment section or otherwise, the sentence finally passed shall count, unless otherwise specially directed from the date of imprisonment under the original sentence.

457. Date of release when two or more sentences run consecutively. - When a prisoner is sentenced to two or more terms of imprisonment to be served consecutively, the date of release shall be calculated as if the sum of the terms was awarded in one sentence.

Example :- A prisoner, sentenced on the 21st June, 1897, to one year's imprisonment is for another offence subsequently sentenced to a further term of one year, the period to commence from the expiration of the first sentence : he will be released on the 20th June, 1899, not on the 19th June, 1899.

458. Calculation of date of release when a fine is partially paid. - If a prisoner be sentenced to imprisonment of which the whole or any portion is in default of the payment of any fine and if the fine or a portion of it be not immediately paid, the date of release shall be fixed and entered in the release diaries on such dates as shall correspond to payment as well as non- payment of the fine. When any portion of the fine is subsequently paid, the date of release shall be altered accordingly.

Example :- If a prisoner be sentenced on the 1st January, to six months' imprisonment and to pay a fine of Rs. 300 or in default of payment to be imprisoned for a further period of six months, then, supposing that the prisoner, immediately on conviction, pays Rs. 100, the date of release shall be first fixed at the 31st October, that is six months plus four months (being the term proportionate to the amount of the fine unpaid), and entries shall be made in the release register on the 30th June and 31st October, if he afterwards pays another Rs. 100 the latter date shall be changed to 31st August; on his paying the whole, the fact shall be noted opposite the entry on the 30th June.

459. Calculation of remission on payment of fine. - If a prisoner who is sentenced to a fine and in default to imprisonment for a certain number of months, pays any part of his fine, the remission for the payment shall be calculated in calendar months and not in days. Any fraction of a month obtained by such calculation shall be reduced to days. A fraction of a day less than one-half shall not be counted, any greater fraction shall count as one day.

Example :- If a prisoner be sentenced on the 15th July to six months' imprisonment and to pay a fine of Rs. 300, or in default of payment to six months' further imprisonment and he pays Rs. 63, the calculation shall be made as follows -

Rs. =

300

x 6 months =

months. The date of release, deducting one month, would fallon the 14th June. As the month, preceding June has 31 days the

of a month will be calculated on 31 days, thus

x 31 =

403

= 8

days. Here the remission for payment of Rs. 63 is 1 month and 8 days.

If the prisoner has been sentenced on 15th June instead of 15 July, the calculation of the 13/50 of month would have to be made on a 30 days' month because from any date in April to the same date in May is 30 days as follows :-

x 30 =

= 7

days so that in that case, the remission would be also 1 month and 8 days (4/5 of a day being more than half a day)

460. Disposal of notice of payment of fine. - If a fine is paid in part or whole after a prisoner is admitted to jail, the court receiving it will, unless it has already received back the prisoner's warrant with an endorsement showing that he has been released, notify the fact to the Superintendent of the Jail in which the prisoner was first confined after conviction. This notification shall be filed with the warrant and returned with it after the sentence has been carried out.

461. Procedure when a prisoner with imprisonment in lieu of fine is transferred. - When a prisoner whose sentence includes an order of imprisonment in default of payment of fine, is received by transfer from a jail other than the jail in which he was first confined, intimation shall forthwith be given by the receiving jail to the Superintendent of the district jail where he was first confined, who shall cause a record or the receipt of such intimation to be made in the admission register of his jail. The Superintendent of the Jail to which a prisoner was first committed, is responsible for seeing that notifications of payment of the fine received by him, are promptly transmitted to the Jail in which the prisoner is confined, such notices shall be sent under a registered cover.

462. The payment of fine at the Jail. - The Superintendent is authorised to receive fines tendered at the Jail. In the absence of the Superintendent, the Deputy Superintendent shall receive the fine or portion thereof tendered to him and shall on the first opportunity produce the warrant with an entry of the fact that such payment has been made for the signature of the Superintendent.

Note :- Fines received at the Jail shall without delay be remitted into the local Treasury through the District Magistrate. All fines rendered to a jail shall be received irrespective of the fact whether the prisoner is due for release or not provided he is in the Jail at which the fine is paid.

463. Imprisonment in lieu of fine to succeed substantive sentences. - If a prisoner sentenced to a term of imprisonment in default of payment of fine is either at the same time or subsequently sentenced to a term of imprisonment without the option of fine the imprisonment in default of payment of fine shall be kept in abeyance till the expiration of all the substantive sentences of imprisonment.

Example :- A prisoner is sentenced on the 9th June, 1897, to two years' rigorous imprisonment and a fine of Rs. 50, or in default six months' further rigorous imprisonment on the 17th July of the same year he is sentenced on another charge to imprisonment for 18th months, and on the 6th October, 1898, he is again sentenced on a third charge to imprisonment for two years, the sentence of six months' imprisonment in default of payment of fine should begin from the 9th December, 1902, (the date on which all the substantive sentences expire, being the 8th December).

Note :- This covers the case of a prisoner whose first sentence of imprisonment is in default of payment of fine. Any substantive sentence of imprisonment subsequently passed shall count from the date of the first sentence and the imprisonment in lieu of fine shall take effect last, although a portion of it may have been already served when the substantive sentence was awarded; if, however, the imprisonment in default of payment of fine is of a different character to that of the substantive sentence, such imprisonment in default shall be completed before the substantive sentence of imprisonment shall take effect.

464. Imprisonment under Section 106, or 118, Cr.P.C. in addition to a substantive sentence. - If any person, in respect of whom an order requiring security is made under Section 106 or Section 118, is at the time such order is made sentenced to or undergoing a sentence of imprisonment the period for which such security is required shall commence on the expiration of such sentence.

In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

Note :- An order under Section 123, Criminal Procedure Code, directing that a person who has failed to give security shall be detained in prison to not a "sentence of imprisonment" for the purposes of Section 397 of the Code. It in merely an order for detention in prison, and if it is passed under clause 1(2) of Section 123 the Magistrate's proceedings must be laid before the Sessions Judge, who may thereafter pass such order on the case as he thinks fit, but if the Sessions Judge confirms, or varies the order, and does not set it aside, the period for which detention is ordered must date from the time when the first court passed its order.

465. Imprisonment awarded to an escaped convict, how to take effect. - When an additional sentence of imprisonment, penal servitude, or transportation is passed on an escaped convict who has been recaptured, such a sentence shall take effect according to the following rules :-

If the new sentence is severer in its kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately, and the unexpired portion of the sentence he was undergoing when he escaped, shall be served subsequently. When the new sentence is not more severe it shall take effect after he has served the portion of his original sentence which at the time of his escape remained unexpired.

Explanation :- (a) A sentence of transportation or penal servitude is severer than one of imprisonment;

(b) a sentence of imprisonment with solitary confinement is severer than imprisonment without solitary confinement;

466. Execution of sentence of whipping only. - When the accused is sentenced to whipping only, the sentence shall be executed at such place and time as the court may direct.

[Note :- Under the Code of Criminal Procedure as now revised all whipping sentences are appealable. The Code does not, however, in the cases of sentences of whipping only, provide for any postponement of execution unless the convicted person furnishes to the satisfaction of the court for his appearance at a later date. In the case of prisoners received in jail with sentences of whipping only the sentence should be executed at the time specified in the warrant. If no time is named in the warrant, then the sentence should be executed as soon as practicable. The fact that the prisoner may express to the jail authorities an intention to appeal does not justify them in delaying execution of the sentence.]

[467. Execution of sentence of whipping in addition to imprisonment. - (1) The Code of Criminal Procedure provides that when an accused person is sentenced to whipping in addition to imprisonment the whipping shall not be inflicted until fifteen days from the date of the sentence or if an appeal is made within that time, until the sentence has been confirmed by the appellate court. On the motion of the Honourable Judges of the High Court the Local Government has ordered that even if no intimation of an appeal having been preferred is received within fifteen days the Superintendent of the Jail shall nevertheless allow such further time to elapse as is necessary for a communication from the appellate court to reach him in the ordinary course of business, before inflicting the whipping.]

Sessions Judges have been instructed to fix, in consultation with District Magistrate and Superintendents of Jails, the number of days which should be allowed under this rule. The whipping shall be inflicted as soon as practicable after the expiry of the period fixed under this rule, or if an appeal is preferred then as soon as practicable after the receipt of the order of the appellate court confirming the sentence.

(2) The whipping shall be inflicted in presence of the officer in charge of the jail, unless the Judge or Magistrate orders it to be inflicted in his own presence.

[Note :- If a further appeal is made to the High Court for revision of the sentence, the infliction of the whipping is not, in the absence of orders by that court staying execution, to be delayed.]

[468. Mode of inflicting punishment. Limit of number of stripes. - (1) In the case of a person of or over sixteen years of age, whipping shall be inflicted with a light ratan not exceeding the legal minimum of half an inch in diameter, in such mode, and on such part of the person, as the Local Government directs; and in the case of persons under sixteen years of age, it shall be inflicted with a still lighter ratan in such mode, and on such part of the person, as the Local Government directs.

(2) In the case of persons of or over 16 years of age such punishment shall not exceed thirty stripes and in the case of juvenile offenders 15 stripes.]

Note :- To prevent undue laceration of the skin, a piece of thin cotton cloth soaked in some antiseptic should be spread over the prisoner's buttocks during the operation. All such clothes should be thoroughly washed and afterwards soaked in an antiseptic solution before being again brought into use so as to obviate the possibility of disease of any kind conveyed from one prisoner to another. The drawing stroke, which is calculated to lacerate the flesh, is prohibited.

469. Direction of Local Government as to the infliction of whipping. - Whipping is to be inflicted on the buttocks with a ratan not more than four feet in length and not exceeding the legal minimum of half an inch in diameter, not in public or in front of the court-house, but always within some walled enclosure and in the presence of a Magistrate or the Superintendent of the Jail, and when practicable of a Medical Officer. Chapter XXVII, Rules, and Orders of the High Court, Vol II.

470. Whipping not to be executed by instalments. - No sentence of whipping shall be executed by instalments.

471. When whipping is not to be inflicted. Stay of execution. - (1) The punishment of whipping shall not be inflicted unless a Medical Officer, if present, certifies, or, if there is not a Medical Officer present, unless it appears to the Magistrate or officer present that the offender is in a fit state of health to undergo such punishment.

(2) If during the execution of a sentence of whipping, a Medical Officer certifies or it appears to the Magistrate or officer present that the offender is not in a fit state of health to undergo the remainder of the sentence, the whipping shall be finally stopped.

472. Procedure if punishment cannot be inflicted. - In any case in which under paragraph 471 of this Manual, a sentence of whipping is wholly or partially prevented from being executed, the offender shall be kept in custody, till the court which passed the sentence can revise it.

[Note - If a prisoner is not in a fit state of health to undergo a sentence of whipping at the time he is brought up for it, the matter should be at once reported to the court which passed the sentence. It is not permissible to defer the whipping until a prisoner's state of health admits of its infliction.]

473. Whipping to be certified on warrant. - After a whipping has been duly inflicted the Superintendent shall endorse a certificate on the warrant to that effect, recording the date of execution.

474. Management and custody of warrant. - The date of a prisoner's admission into jail and the register number given him, shall be endorsed on his warrant and signed by the Deputy Superintendent; the warrants shall be arranged according to the date of release and put together in open fold in monthly bundles and docketed outside with the month and year. Each bundle shall occupy a separate receptacle in the warrant almirah, of which the Deputy Superintendent shall keep the key.

475. Prisoners to be examined on admission. - Whenever a prisoner is admitted into prison, he shall be searched, and all weapons and prohibited articles shall be taken from him.

(a) When a prisoner with injuries on his body is admitted into a prison from Police custody he shall be examined immediately by a responsible Medical Officer. If the examination reveals unexplained injuries not already recorded in the medico-legal report accompanying the prisoner a report shall at once be made to the District Magistrate and Superintendent of Police and arrangements shall also be made to have him examined immediately by the Civil Surgeon of the district. In the case of Central Jails the examination shall be conducted by the Medical Officer attached to the Jails provided he holds a gazetted rank failing which by the Civil Surgeon of the district.

(2) Every criminal prisoner shall also, as soon as possible after admission, be examined under the general or special orders of the Medical Officer, who shall enter or cause to be entered in a book, to be kept by the Deputy Superintendent a record of the state of the prisoner's health, and of any wounds or marks on his person, the class of labour he is fit for if sentenced to rigorous imprisonment and any observation which the Medical Officer thinks fit to add.

(3) In the case of female prisoners the search and examination shall be carried out by the matron under the general or special orders of the Medical Officer.

476. Record for the purpose of identification. - A full personal description of every prisoner with a note of any special marks on his person and his left thumb-impression shall for purposes of identification, be recorded in the admission register.

476A. Police-registered prisoners. How divided and distinguished. - (1) Police-registered prisoners are divided into two classes. The first class consists of prisoners who shall, two months before release "or a fortnight, as the case requires" be transferred to the jail of the district in which their respective homes are situated. This class will be distinguished in the admission and release diaries as PR/T prisoners. The letters 'PR' indicating that the prisoner is 'Police-registered' and the letter 'T' that he is to be transferred two months prior to his release to the district noted on the slip as his native district : Provided there is a Central or District Jail located there otherwise a fortnight prior to his release if there is only to a sub- jail. The second class is comprised of prisoners who shall not to be so transferred, but shall be released from the jail in which they are confined at the time of the expiry of their sentence. This class shall be shown in the admission register and release diary as P.R. (Police-registered) prisoners. If any prisoner, known to be a member of a criminal tribe, is not police- registered, the case shall be brought to the notice of the Superintendent of Police. When intimation respecting a prisoner's police registration is received after the name has been entered in the register above-named, the letters EPR/T as the case may be shall be added in red ink, the P.R. form being attached to the warrant of the prisoner to whom it appertains. On the death or escape of a prisoner of P.R. class, the P.R. form attached to his warrant shall be at once returned to the Superintendent of Police of the district in which he was sentenced, with an endorsement showing the date of his death or escape. All other slips P.R. class prisoners shall be sent to the Superintendent of Police of the district in which the prisoner's home is a fortnight before release is due, as directed, see paragraph 516- A.

(2) All P.R. slips of the prisoners of PR/T. class shall be sent to the Superintendent of Police, Crimes Branch, C.I.D. Lahore, two months before the release of the prisoner is due or immediately on the death or escape of such prisoners.

Note 1 :- The number and names of EPR/T prisoners should be noted in red ink in the release diary (Register No. 4) two months before the probable date of release, counting remissions they are likely to earn.

Note 2 :- If a P.R. convict has not been identified the word "Unidentified" shall be written in red ink in register No. II admission register and across the copy of his slip which shall be marked EPR/T

476B. Finger Impression slips of P.R. Prisoners. - The finger impression slips of P.R. convict shall be prepared in the presence of and signed by (a) the Magistrate deciding the case, or (b) a Gazetted Police Officer, or (c) the Superintendent of the Jail.

But in all cases that portion of the P.R. slip which classifies the convicts as P.R. or PR/T shall be signed by the Superintendent of Police, or in his absence, by his representative at headquarters.

[Note 1 :- The District Magistrate and the Superintendent of Police should arrange that the duty shall be, as far as possible, evenly divided between the District Stiff, the Police and the Superintendent of the Jail.]

[Note 2 :- The order to a convict to give his thumb-impression is a lawful order and should be upheld by the Superintendent of the Jail who should take steps to see that it is enforced. An officer of the jail may or indeed must order a prisoner to allow his thumb-impression to be taken.]

477. The search of prisoners on admission. - (1) Prisoners sentenced to rigorous imprisonment and prisoners sentenced to simple imprisonment if classed as habituals, shall have every article of private property other than those permitted in paragraph 493(h), removed from them. The clothing of military prisoners shall be returned to the escort.

[Note :- When a convict is required to appear before a court either as a witness or as an accused person, he sham be dressed in his private clothes provided they have not been disposed of in accordance with clauses a, b, c and d of paragraph 493 of the Jail Manual.]

(2) Prisoners sentenced to simple imprisonment shall have all articles other than a necessary supply of clothing removed from them.

(3) Under-trial prisoners shall have all articles removed from them, other than necessary and suitable articles of clothing and bedding, and if allowed to cook, the requisite cooking utensils.

(4) Civil prisoners shall have only dangerous weapons, articles likely to facilitate escape, drugs, spirits and immoral books taken from them.

(5) Civil prisoners shall not be searched in the presence of any other prisoner and European prisoners shall be searched by the European warder, or if there be no European warder, by the Deputy Superintendent.

(6) Female prisoners shall be searched by a female warder.

Note :- The search must be thorough, as prisoners not infrequently conceal articles in their hair and other parts of their persons. For the disposal of property removed from prisoners, See Chapter 12.

478. Quarantine on admission to Jail. - Prisoners on first admission to jail shall at the discretion of the Medical Officer, be kept in the quarantine ward or cells for such period as may, in his opinion, be necessary.

479. Prisoners to wash themselves and their clothing. - As soon as possible after admission to jail all prisoners shall be required to wash themselves and their clothing thoroughly. Such of the private clothing of convicts as can be boiled without damage shall be boiled before it is stored.

480. Classes and serial numbering of prisoners. To be quoted in communications. - (1) Every convict shall receive a serial number corresponding with the entry relating to him in the admission register : the series of numbers in each jail shall run from 1 to 10,000.

(2) Casual prisoners shall for brevity be known as Cas : class and habitual prisoners as Hab : class.

(3) The convict's number and the letter signifying his class shall precede his name whenever he is referred to in any official communication thus Convict No. 359 Cas : Ishar Singh".

(4) When any reference is made to the Inspector-General concerning any prisoner, a descriptive roll of the prisoner (Form No. 61) duly filled in, shall be sent with it.

481. Certain convicts to wear a wooden label and neck-ring. - (1) Every convicted prisoner shall wear a wooden label suspended by a small leather thong from a button sewn on the left breast of the coat.

(2) On the wooden label shall be entered the register number of the prisoner, the class to which he belongs, the section of the Indian Penal Code or other enactment under which he was convicted, the term of his sentence, the date of conviction, the date on which he will be entitled to be released and the amount of the fine (if any) imposed.

482. Description of neck-ring and label to be worn by convicts. - (1) The label shall be made of dry Mango or farash wood 4 inches long by 2 inches broad by 1/2 an inch thick.

Note :- One-fourth inch figures and letters shall be used for stamping tickets.

483. Female prisoners and convict-officers to wear labels. - Convict- officers shall wear their labels suspended from their belts at the left side.

484. State of education on admission. - The state of every prisoner's education shall be ascertained on admission and the entries in the admission register shall be made as follows :-

(a) able to read and write;

(b) able to read only; or

485. Prisoners with knowledge of English. - The nominal roll of every prisoner having a competent knowledge of English, shall on his admission to jail, be submitted to the Inspector-General.

486. How habituals are to be distinguished. - Every prisoner of the habitual class shall ordinarily be required to wear a yellow cap or a red pugri if a Sikh.

487. Abstract of rules to be read and hung up in a conspicuous place. - (1) An abstract of the rules relating to the conduct and treatment of prisoners shall be read over to every prisoner as soon as possible after his admission into jail, and proper means shall from time to time thereafter be taken by the Superintendent to make every prisoner acquainted with the purport of all such rules for the time being in force.

(2) A translation of the abstract of the rules, in the Urdu language, shall be hung up in every convict ward and in some other conspicuous place in every jail.

488. Procedure on completion of entries in registers. - On completion of the necessary entries in the admission and release registers and of the procedure prescribed in this chapter in so far as it may be applicable in each case, the Deputy Superintendent shall bring these registers and all newly admitted prisoners with their warrants before the Superintendent, who shall satisfy himself that the entries are correct and attest them in token thereof.

Chapter XII

Prisoners' Property

489. List of property to be attached to warrant. - (1) A list of all money, clothing or other property removed from each convict on admission to jail shall be attached in each case to the prisoner's warrant.

(2) The property of civil prisoners shall be entered in the civil prisoner's admission register.

(3) All additions, erasures or alterations to the list of any prisoner's property shall be initialled by the Superintendent.

(4) Reasonable amount may be deposited by friends/relatives of an undertrial prisoner with the Superintendent Jail for meeting expenditure in connection with engaging counsels for defence of an undertrial or to enable him to travel on his home place.

490. List of property to be read over. Every entry to be attested. - (1) Every prisoner shall, as soon as possible after his first admission to jail, have read over to him, in the presence of the Superintendent, a list of all property of whatever description which was removed from the person of or received with such prisoner at the time of his admission.

(2) If the prisoner acknowledges the correctness of the list - the fact that he does so, - and if the prisoner makes any objection to any entry in or to the omission of any article from the list - the nature of the objection shall be noted on the list.

(3) If the prisoner can write, he shall be required to sign the list in token of the correctness thereof and of the objections (if any) noted thereon.

(4) The Superintendent shall attest every entry in the list by initialling the same.

Note - When such property is made over by an official receiving it to another official, the receipt of the latter official will be taken in Register No. 1, 2 or 3, as the case may be, and all such property shall, with the exception of clothing, be kept in charge of the Deputy Superintendent.

491. Property to be received, when exception may be made. - (1) All property received with or found on the person of a prisoner on his admission to jail, or subsequently sent by the Magistrate on his account, shall be received by the jail authorities.

(2) Property tendered by the friends or relatives of any prisoner, on his behalf, either at the time of such prisoner's admission to the jail or subsequently, may, in the discretion of the Superintendent, be either received or refused.

492. Property received after admission to be entered in list. - When any property is, after the admission of any prisoner to the jail, received by the Superintendent on his behalf, such property shall be entered in the list of property belonging to such prisoner in the manner prescribed in the case of property taken from or received with the prisoner at the time of his admission to the jail.

493. Treatment of the property of prisoners. - Prisoner's property shall be dealt with in accordance with the following provisions, namely -

(a) Such articles as are, in the opinion of the Superintendent, of a perishable nature or are likely to deteriorate by keeping, or to involve expenditure in the keeping, shall, unless with the consent of the prisoner to whom they belong are made over to any relative or friend of such prisoner, be sold and the sale-proceeds thereof credited to the prisoner's account and a note to that effect made in the list of the property of such prisoner, and attested by the Superintendent.

(b) If, by reason that any prisoner is, at the time of his admission to the jail or at any subsequent time, suffering or likely to suffer from any contagious or infectious disease, or on other sanitary grounds the Medical Officer shall certify that any article of clothing or bedding or the like, belonging to any prisoner, should be destroyed, the Superintendent shall cause the same to be forthwith destroyed accordingly and a note to that effect to be made in the list of the property of such prisoner and shall attest the note so made.

(c) If any article of clothing or bedding or the like belonging to any prisoner is in the opinion of the Superintendent, in such a damaged or filthy state as not to be worth keeping, or fit to be sold, he shall cause such article to be forthwith destroyed and a note to that effect to be made in the list of the property of such prisoner, and shall attest the note so made.

(d) The clothing of every prisoner sentenced to a substantive term of rigorous imprisonment of three years or more shall, if not liable to be destroyed under the preceding provisions of this rule, on the confirmation of the prisoner's sentence or if on appeal is made on the expiration of the time allowed for appealing, be sold and the proceeds credited to the prisoner's account and a note to that effect made in the list of the property of such prisoner, and attested by the Superintendent.

(e) Subject to the preceding provisions of this rule, the property (other than property in regard to which any special provision, is hereinafter made) of every prisoner the term of whose substantive sentence of imprisonment is less than three years shall be carefully packed, stored and kept.

(f) The jewellery, trinkets, securities and other valuables (if any) of every prisoner shall be placed in a separate packet and the prisoner's register number, name and the date of sentence shall be endorsed thereon. Every such packet shall be kept in the jail cash chest.

(g) Money which is the property of prisoners (including the sale proceeds of any article sold), shall, subject to any directions which the Inspector-General may from time to time give in that behalf, be kept in the jail cash chest or deposited in the local public treasury.

(h) Every prisoner shall be allowed to retain one pair of shoes for use in jail. Sikh prisoners and others exempt from having their hair cut, shall be allowed to retain a comb.

(i) Sikhs shall be allowed to retain kara (iron bangle). Hindus who wear sacred thread may retain it when confined in a jail.

494. Clothing to be attached in bundles and labelled. - (1) The clothing belonging to any prisoner retained in the jail under the provisions of clause (e) of the preceding paragraph shall be first thoroughly washed and stitched into a bundle before being stored.

(2) Every bundle shall be labelled with the number, name and date of sentence of the prisoner and arranged in the prisoner's property godown accordIng to the month of sentence.

495. Disposal of money, the property of prisoners. - (1) The cash property of the prisoners to be made over to them on release, or which for other reasons is disposed of, shall, during any month, be paid by the Deputy Superintendent from the cash property of prisoners received during the same month.

(2) Should the cash received be in excess of that disbursed the balance shall be remitted into the treasury at the close of the month, but if the disbursements are in excess of the receipts at any time, the difference shall be paid from the department advance, which shall be recouped by the withdrawal of a similar sum, when the month closes from the prisoner's cash amount in the treasury.

(3) The receipt and disposal of all money belonging to prisoners shall be entered by the Deputy Superintendent in the cash book, and when articles belonging to prisoners have been sold the amount realized by the sale shall also be entered on the memorandum of property attached to each prisoner's warrant with the date of entry.

(4) The Superintendent shall occasionally satisfy himself that the amount of cash lodged in the treasury to the credit of prisoners corresponds with the amount shown in the Deputy Superintendent's cash book, under the same head.

496. Disposal of property on transfer of a prisoner. - On the transfer of a prisoner from one jail to another, all his money and other property shall be sent to the jail to which he is transferred.

497. Disposal of clothing of certain prisoners on transfer. - The clothing of every prisoner sentenced to three years or more shall, whenever possible, be disposed of as laid down in clause (d), paragraph 493, before the prisoner is transferred to any other jail.

498. Property tendered for certain prisoners not to be received. - Property tendered at a jail on behalf of a prisoner already transferred to another jail shall not be accepted, but the person who tenders the property shall, if he so desires, be informed of the jail to which the prisoner has been transferred, so that he may send the property to him.

499. Property may be made over to a relative or friend. - The Superintendent may, at the request or with the consent of any prisoner, at any time make over the whole or any part of the money or other property belonging to such prisoner, which may be in the keeping of the Superintendent, to any person (not being a prisoner), whom such prisoner may specify :

Provided that the Superintendent may withhold and retain so much of the money or other property of such prisoner as he may think necessary for the purpose of providing such prisoner with sufficient clothes and money, upon his release.

500. Disposal of forbidden articles found on prisoners. - Any prohibited article found on any prisoner, after his admission into any Jail shall be confiscated, and all money so confiscated and all money realised from the sale of any article so confiscated, shall be credited to the Government in the public treasury :

Provided that the Superintendent may award any sum, exceeding one- half of any money or of the sale proceeds of any property so confiscated, to any person concerned in the finding or discovery thereof.

Note - Sums of money confiscated, as well as sale-proceeds of confiscated property, should be paid into the treasury to credit of XXII - Jails and Convict Settlement - Jails - Miscellaneous.

501. Disposal of the property of an escaped prisoner. - The money and other property of every prisoner who escapes, shall be retained at Jail from which he effected his escape for one year after the date of his escape. If the prisoner is not recaptured within that period, his money and other property (if any) shall be made over to the police as being unclaimed property.

502. Property of deceased prisoners. - The money and other property of deceased prisoner shall, unless claimed by a person holding a succession certificate, probate or letters of administration entitling him to receive it, be made over to the police as being unclaimed property.

Note - When a prisoner dies, notice of his death should be sent to the District Magistrate of the district to which he belongs, and if within a month no person, duly authorised to receive the property under the conditions laid down, lodges a claim to it, such property shall then be made over to the police.

503. Procedure when forwarding unclaimed property. - (1) With the property made over to the police under the preceding paragraph, a descriptive roll of the deceased prisoner and a certified copy of the record of such property, shall be forwarded.

(2) Any wish expressed by a dying prisoner as to the disposal of his property, shall be made known to the police to whom the property is made over.

(3) A receipt should be obtained for all unclaimed property made over to the police.

Chapter XIII

History Tickets

504. History-tickets - their preparation and maintenance. - (1) Every prisoner shall immediately on his reception into jail be provided with a history-ticket which shall be maintained in the manner hereinafter provided throughout the period during which such prisoner remains in confinement.

(2) Every history-ticket shall contain the following particulars, namely-

(a) the name, prison 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; and

(c) a brief record of every other occurrence of any importance, affecting the prisoner, which takes place while he remains in confinement.

(3) The history-ticket of every convict shall contain the following further particulars, namely :-

(a) the nature of the offence of which he has been convicted and the provision of the law applicable thereto; and

(b) the date, nature and extent of the sentence passed.

(4) Every entry made on the history-ticket shall be so 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 initialled by the officer who makes it.

(5) Subject to the requirements of this rule the Inspector- General may, from time to time, prescribe form of history-tickets.

505. Entries by the Medical Officer in history-tickets. - (1) In the heading of the history-ticket of every prisoner, the Medical Officer shall enter or cause to be entered under his supervision -

(a) the prisoner's weight on admission,

(b) his state of health,

(d) whether has been protected by vaccination, inoculation or small-pox.

(2) He shall also subsequently enter or cause to be entered -

(a) if a convict, the fact of vaccination having been performed and the result,

(b) admission to and discharge from hospital on every occasion, with the disease for which admitted, and

(3) The Medical Officer shall himself enter such other directions or recommendations as he may from time to time consider necessary for the maintenance of the health of the prisoner.

Note - Entries (b) and (c), clause (1), and entries (b) and (c), clause (2), if made by the Medical Subordinate should be initialled by the Medical Officer in token of their having been made direction.

506. Particulars to be entered and the officers to enter the. - On the history-ticket of every prisoner shall be entered as far as such entries may be applicable -

(a) the date of admission into jail,

(b) the number and name of every article of clothing and equipment, issued on admission and subsequently,

(d) every change of work or task on other than medical grounds,

(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 Factory Manager or the Deputy Superintendent,

(r) action taken on any order entered by the Superintendent,

(s) location in a cell by day or night,

(t) the use of the latrine out of hours,

(u) the fortnightly or weekly weighments,

(v) the number of the cell in which placed on account of warrant of confinement,

(w) the total confinement undergone on warrant on each occasion of removal from cell after such confinement.

The entries (a), (b), (e), (g), (h), (i), (j), (k), (m), (n), (o), (p),(q), (t), (v), and (w) may be made by the Senior Assistant or Assistant Superintendent or European-warder, entry (l) may be made by the Senior Assistant Superintendent or any other officer authorized to award remission, and entry (u) by the Medical Subordinate or by an Asst. Superintendent or Dispenser if deputed to assist him. Entry (c) shall be made by the Factory Manager, when there is not an officer of this grade, it shall be made by the Deputy Superintendent, but in large jails a portion of the duty may, under the orders of the Superintendent, be performed by the Senior Assistant or Assistant Superintendent. The duty of making the entries (d), (f), and (r) shall not be delegated to any officer subordinate to the Deputy Superintendent.

Note 1- The particular duties assigned to convict- officers should as far as practicable be noted on their history-tickets.

Note 2. - As regard (s) it will be the duty of the Deputy Superintendent to make the entries, unless the Superintendent appoints some other executive upper subordinate to carry it out.

Note 3. - No adverse entries are to be made in history-ticket without the orders of the Superintendent.

507. Entries to be made by the Superintenden. - On the history-ticket of every convict the Superintendent shall record -

(a) any special order he may have to give relative to any prisoner, e.g., the imposition or removal of fetters, permission to hold an interview or write a letter, separation by night &c,

(b) the award of every punishment,

(d) promotion to the grade of convict-watchman, convict-overseer or convict-warder, and,

(e) the award of special remission.

508. Custody and management of history-ticket. - The history-ticket of each prisoner shall be kept in a proper receptacle, by the convict-officer in whose charge the prisoner is placed and shall be produced by him whenever required by any officer of the jail or superior convict-officer, so to do. It shall go with the prisoner whenever he is transferred from one gang to another, or from one-kind of place of work to another or is sent to hospital. At the weekly parades, each prisoner shall hold his ticket in his hand for inspection. The history-ticket shall be produced, with the prisoner, whenever he is reported for an offence, or is brought before the Superintendent or Medical Officer for any reason.

Note 1 - Every under-trial and civil prisoner may be allowed to retain possession of his history-ticket.

Note 2 - At weekly inspections the tickets will be issued just before, and removed immediately after, the advent of the Superintendent.

509. 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 or release - for one year, and

(b) in the event of his death - for two years after such event occurs,

Chapter XIV

Judicial Solitary Confinement

510. Amount of solitary confinement ordered on a warrant. - The amount of solitary confinement that can be ordered by a Court, is at a time, not exceeding -

(a) one month, if the term of imprisonment does not exceed six months;

(b) two months, if the term of imprisonment exceeds six months, but does not exceed one year; and

(2) If the period of solitary confinement ordered is stated in months, one month shall be counted as four weeks, two months as eight weeks and three months as twelve weeks.

Explanation - Solitary confinement means such confinement with or without labour as entirely secludes the prisoner both from sight of, and communication with, other prisoners.

511. Limit of solitary confinement. - In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such period, and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.

512. Conditions to be complied with in executing sentences of solitary confinement. - (1) (a) When the prisoner is placed in a cell, the number of the cell should be given in the history-ticket against the entry.

(b) The total confinement undergone on warrant should be shown in the history-ticket as a separate entry on each occasion the prisoner is removed from such confinement.

(c) On the discharge of a prisoner from jail, an entry should be made in Register No. 2 showing the total amount of solitary confinement undergone as per warrant.

(2) No prisoner should be placed in solitary confinement until the Medical Officer certifies on the history-ticket that he is fit to undergo it.

(3) Prisoners sentenced to solitary confinement should ordinarily be divided into four gangs, each gang should be placed in cells for a week at a time, so as to utilize the cells to the fullest and at the same time comply with the requirements of sections 73 and 74 of the Penal Code.

(4) A prisoner who is unfit at the time he would ordinarily be confined, should be placed in a cell at a subsequent date if the conditions imposed by section 74 of the Penal Code allow it.

(5) The execution of a sentence of solitary confinement need not be postponed on account of an appeal having been lodged.

(6) Every prisoner undergoing solitary confinement shall be visited daily by the Medical Officer or Medical Subordinate.

(7) Any prisoner undergoing solitary confinement shall, under the orders of the Medical Officer, on the ground that a continuation of such confinement would be likely to prove injurious to mind or body, be forthwith removed from the cell or place in which he is confined. The Medical Officer shall make a record of the order in his journal.

(8) If a prisoner sentenced to solitary confinement be declared by the Medical Officer to be permanently unfit to undergo such confinement the fact shall be reported to the Court which awarded the sentence.

The declaration should be recorded in the history-ticket and the warrant.

513. Solitary confinement when to be undergone. - If a prisoner is sentenced under two or more separate warrants, any period of solitary confinement awarded can only be given effect to during the time the sentence, of which it forms a part, is being executed.

514. Endorsement on warrant of solitary confinement undergone. - On the expiration of the sentence of every prisoner awarded solitary confinement by the committing Court, the endorsement on the warrant by the Superintendent, certifying to the execution of the sentence, shall state the total period of solitary confinement the prisoner has undergone, and if any portion has not been executed, the reason should likewise be stated.

Chapter XV

Release of Prisoners

NOTE. - For the method of calculating the date of release, see Chapter XI on the admission of prisoners.

515. Examination of warrants. - The warrants of all convicts, whose release becomes due in any month, shall be examined on the 20th day of the month preceding to ascertain their correctness.

516. (a) Not less than fourteen days before any convict in respect of whom an order under section 565 of the Code of Criminal Procedure, 1898, has been made, is to be released, the officer in charge of the jail or other place in which the prisoner is then confined shall explain to the prisoner the nature of the order and the requirements of the rules made by the Local Government under such section, and shall call upon him to state the place at which he intends, after his release, to reside.

(b) Every convict in respect of whom an order has been made under section 565 of the Code of Criminal Procedure shall, not less than fourteen days before the date on which he is entitled to be released, notify the officer in charge of the jail or place in which he may be for the time being confined, of the place in which he intends to reside; after his release.

(c) The officer in charge of the jail or other place of confinement shall, thereupon report (Form No. 175) to the Superintendent of Police of the District in which such jail or other place of confinement is situate, the name and other particulars necessary for the identification of the prisoner, and the place at which such prisoner intends, after his release, to reside.

[NOTE - In every case in which a Criminal Court makes an order under section 565 of the Code of Criminal Procedure (directing a convict to notify his residence and every change of residence after release), a copy of such order will be transmitted by the Court passing the sentence and order, with the warrant of commitment, to the officer incharge of the jail in which the prisoner is, or is about to be, confined.]

[NOTE 2. - A re-convicted prisoner is not necessarily a habitual and a convict may be classified as a habitual on his first conviction.]

516A. Release of Police registered prisoners. - (1) The release notices, i.e., slips of prisoners classed P.R.T., shall be forwarded by the Superintendent of the Jail direct to the Deputy to the Inspector General of Police, Crime and Criminal Tribes, Punjab, at least two months before the date of release.

(2) The release notices, i.e., slips of prisoners classed P.R., shall be made over by the Superintendent of the Jail from which such prisoners are to be released to an officer to be specially deputed for the purpose by the Local Superintendent of Police. In the case of persons to be released from the jail of the district in which they were convicted, the release notices shall be made over to the Police on the Saturday preceding the dates of release. In the case of persons to be released in a district other than in which they were convicted, the release notices shall be made over to the Police at least one month prior to the dates of release.

NOTE - As the original copy of the slips to the jail, it is necessary that a full receipt for the slips be obtained from the Police Officer, when forwarding them to other places they should be sent under registered cover to ensure their return.

[516B. Action to be taken on expiry of 14 years. - (a) With the exception of females and of males who were under 20 years of age at the time of commission of offence, the cases of every convicted prisoner sentenced to :-]

(i) Imprisonment/s for life.

(ii) Imprisonment/s for life and term/s of imprisonment.

(iii) Cummulative periods of rigorous imprisonment aggregating to more than 14 years.

(iv) A single sentence of more than 20 years :-

(a) who has undergone a period of detention in jail amounting together with remission earned to 14 years; shall be submitted through the Inspector-General of Prisons, Punjab for the orders of the State Government.

Action to be taken on expiry of 10 years. - (b) The case of a female prisoner and of a male prisoner under 20 years of age at the time of commission of offence, who is undergoing -

(i) Imprisonment/s for life.

(ii) Imprisonment/s for life and term/s of imprisonment.

(iii) Cummulative periods of rigorous imprisonment aggregating to more than 14 years.

(iv) A single sentence of more than 20 years shall be submitted through the Inspector General of Prisons, Punjab, for the orders of the State Government when the prisoner has undergone a period of detention in Jail amounting together with remission earned to 10 years.

(v) Notwithstanding anything contained above, a Superintendent, Jail may, in his discretion, refer at any time, for the orders of the State Government through the Inspector-General of Prisons, Punjab, the case of any prisoner sentenced to imprisonment for life whose sentence might in the Superintendent's opinion be suitably commuted into a term of imprisonment.

NOTE - For the purposes of preparing the rolls of prisoners under the above rules sentence awarded to a prisoner for an offence committed while in prison or during suspension of sentence will not be taken into account.

517. Procedure when sentence expires. - (1) When the sentence of a prisoner expires, the Deputy Superintendent shall bring him before the Superintendent, together with his warrant and the prisoner shall be released at the jail gate, in the presence of the Superintendent.

(2) Every order for the final discharge of a prisoner shall be signed by the Superintendent.

518. Deputy Superintendent may release certain prisoners. Report when prisoner is not released. - (1) In case of a release on appeal, payment of fine, furnishing security, giving bail &c., in which the power of legal detention ceases as soon as the order of the Court is delivered at the jail, the Deputy Superintendent shall release the prisoner, on his own responsibility, provided always that an immediate reference to the Superintendent is, from the distance of the jail or other cause, impracticable. The warrant of such prisoner shall be signed by the Superintendent as if the prisoner was released before himself.

(2) The case of every prisoner not released at the time he is entitled to be released shall be reported to the Inspector-General.

519. Warrant of release of a prisoner transferred. - On receipt of a warrant for the release of a prisoner who has been transferred to another jail, such warrant shall be forwarded without delay by registered post to the jail in which the prisoner is confined.

520. Identification of prisoners on releas. - Every prisoner shall, before being released, be carefully identified by reference to the personal description of such person recorded in the admission register, and the Superintendent and Deputy Superintendent shall satisfy themselves respectively that the prisoner brought forward is entitled to be released and that his sentence has been duly executed except in respect of any remission earned and granted in pursuance of the remission rules.

521. Time of release of prisoner. - (1) No prisoner shall be released after the hour for lock-up or the night or before sunrise on any day.

(2) Every prisoner whose release has been ordered by a competent Court on any day, shall be released on the same day, as soon as possible after the receipt of the order directing his release.

(3) Subject to the provisions of clause (3), prisoners shall ordinarily be released as soon as possible after sunrise.

522. Prisoner to produce his jail outfit on release. - (1) Every prisoner shall, before he is released, be required to produce for inspection and deliver up, his complete jail outfit in a clean condition. Any prisoner whose clothing is dirty shall be made to wash and clean it before he is released.

(2) A convict about to be released shall present himself before the Superintendent in his private clothes, or if he has no clothing of his own, in the clothing provided for him by the Superintendent.

523. When the date of release falls on jail holiday. - If the date on which any prisoner would be entitled to be released, falls on a jail holiday as per detail given in para 671 (1) such prisoner should be released on a day earlier.

Provided that if for any reason a civil prisoner is entitled to be released on a jail holiday he shall be released on that day.

524. Release on the authority of a telegram. - No prisoner shall be released on the authority of a telegram save in the case of a telegram despatched by a Secretary to Government. All such telegrams should be authenticated by a telegraphic enquiry.

[525. Prisoners on release to be furnished with certificate. At the request of any prisoner sentenced to imprisonment, he shall be furnished at the time of his release with a certificate in form No. 168 signed by the Superintendent, to the effect that he has completed his term of imprisonment, the amount of remission, if any, being stated therein. A report on his character and conduct in jail shall be included in the certificate, if the prisoner so desires, but not otherwise.]

526. Return of a prisoner's property on release. - At the time of releasing every prisoner, the Superintendent shall deliver, or cause to be delivered to him all money and other property (if any) belonging to him. An acknowledgement of the receipt of the money and other property (if any), shall, if the prisoner can write, be taken from him in the admission register. If the prisoner cannot write, he shall be called upon the state, whether he has or has not received all money and other property belonging to him, and, if not, what articles, or their value, have not been delivered to him. If any part of a prisoner's money or other property is not delivered to him, a note of the fact shall be made opposite the item not delivered, in the list attached to his warrant, and the Superintendent shall decide whether any and, if so, what compensation is to be granted to the prisoner in respect thereof, and shall pay such compensation, or cause it to be paid, to him accordingly.

Provided that no prisoner shall be entitled to receive any compensation, other than the sale-proceeds (if any) in respect of any property at any time destroyed or sold in accordance with the provisions of paragraph 493.

Note - Compensation for money or other property lost while in the custody of any officer of the jail, shall be paid at the expense of the officer responsible for such loss.

527. Conditions under which clothing may be supplied to a released prisoner. - Every prisoner whose clothing has been sold or destroyed or is insufficient for purposes of health or decency, shall, upon release, be supplied, at the expense of the Government, with such clothing as the Superintendent may consider necessary and suitable :

Provided that, if any prisoner possesses sufficient means, over and above the sum of two rupees (exclusive of any amount he may have been awarded while confined in jail), he shall, if he so desires, be supplied with clothing, at cost price, on payment for the same, but not otherwise.

528. Subsistence allowance, railway pass and conveyance allowance. - (1) Every prisoner whose home is situate more than five miles from the jail from which he is released, and who is not in possession of more than two rupees (exclusive of what he may have been awarded while confined in jail), shall, at the time of his release, be provided with subsistence allowance at the rate of four annas for every fifteen miles, or part thereof, to be travelled by road, and in respect of every day's or part of a day's journey be rail, to his home.

(2) Every released prisoner whose home is on or near any railway station and is situated more than five miles from the jail of his release or from the nearest railway station shall be entitled to -

(i) a free railway pass of the third class to the station nearest to his home, and

(ii) conveyance allowance equivalent to the actual lorry fare subject to a maximum of road mileage admissible to class IV Government servants when on tour for journey or part thereof which he has to perform by road, to reach his home,

(iii) where it is more convenient for a prisoner to travel by lorry than by train, actual lorry fare may be paid to him on release instead of issuing to him a railway requisition, provided the lorry fare does not exceed the cost of a IIIrd Class railway fare for the journey.

Provided that no such pass or fare shall be given to any prisoner sentenced to imprisonment in lieu of fine inflicted under the provisions of sections 112 and 113 of the Indian Railway Act, XI of 1890.

Provided further that Government may, at any time, direct that in the case of any prisoner or class of prisoners no such subsistence allowance, railway pass or lorry fare shall be given on release from jail after completion of their sentence.

Nor shall a pass or subsistence allowance be given to the members of the Provincial Additional Police, Punjab in whose case `Recall Notice' has been served. They shall on release be handed over to the local police for being sent to the Additional Police Headquarters at Lahore.

(3) All allowances granted under the rule to any prisoner upon his release shall be paid to him in the presence of the Superintendent.

529. Meal to prisoners on releas. - Prisoners about to be released in the morning shall, prior to release, be supplied with the early morning meal.

530. Release of female prisoner. - (1) Notice of the date of release of every female prisoner shall, one month before such date, be sent to the Magistrate of the District in which her home is situated asking him to intimate to the woman's relatives the date of her release, with a view to their coming and receiving her at the jail gate.

(2) In the event of no relative appearing to receive her and she is young or likely to be led astray, she should, if willing to accept the escort, be sent to her home in charge of the female warder or a respectable woman entertained for the purpose. If this escort is not considered necessary, the prisoner shall be released in the ordinary way.

531. Release of juvenile prisoner. - (1) Notice of the date of release of every juvenile prisoner shall, one month before such date, be sent to the Magistrate of the District to which he belongs, asking him to intimate to the relatives of the prisoner that date of release, with a view to their receiving him at the jail gate and escorting him to his home.

(2) If no relative appears to receive him he should, if young and unable to make his way home, be escorted by a warder. If this is unnecessary, the prisoner shall be released in the ordinary way.

[531A. Release of members of criminal tribe. - (1) All members of notified and restricted Criminal Tribes, both wandering and settled, in whose case orders under section 16 of the Criminal Tribes Act, 1924, have been passed by the Provincial Government restricting their movements to the Reformatory Settlement Amritsar should be sent there on expiry of the sentence they are serving.]

Note - These instructions do not apply to members of Criminal Tribes who are reported by the Medical Officer in charge of the jail concerned to be suffering from Tuberculosis. Such members should be sent direct to their homes and not to a Criminal Tribes Settlement and the Deputy Commissioners for Criminal Tribes and Superintendent of Police of their district should be informed of their release.

(2) All prisoners belonging to the Criminal Tribes who are not liable to transfer to the Amritsar Reformatory under Clause (1) above are transferred before release to the jail of the district to which they are restricted or to the nearest to their homes. Before release the Superintendent of the Jail should obtain for them from the Superintendent of Police of their District a pass under rule 15 of the rules framed under section 20 of the Criminal Tribes Act, 1924, to the places of their restriction, valid for a number of days just sufficient for the journey and specifying the route by which they should travel. This pass should be delivered by them on their arrival at their place of restriction to the Station House Officer of the Police Station within the jurisdiction of which that place is situated or to the Superintendent of the Settlement if their place of restriction is a settlement and they should be informed before release that the pass should be so delivered by them. The cases of any prisoners who belong to notified Criminal Tribes and who are not registered or restricted or who have been exempted under the Criminal Tribes Act, 1924, but are undergoing sentence for one of the offences specified in clauses (a), (b) and (c) of sub-rule (5) of rule 28 or the rules framed under section 20 of the Criminal Tribes Act, 1924, or of any prisoners who wish to be restricted to a Criminal Tribes Settlement or to a village or police station different to the village or police station to which they were restricted before their last conviction, should be reported to the Deputy Commissioner for Criminal Tribes, Punjab, within a month of their arrival by the Superintendent of the Jail, in which they are sent to serve their sentence so that either the orders of the Punjab Government can be obtained under rules 11, 12 or 16 of the Criminal Tribes Act, 1924, as the case may be or the orders of the District Magistrate concerned can be obtained for their Registration under rule 24 of the Rules framed under section 20 of the Criminal Tribes Act, 1924.

(3) History-tickets and descriptive rolls of prisoners who are to be conveyed to the Criminal Tribes Reformatory Settlement at Amritsar, after release should in every case be sent to the Superintendent of that Settlement with the prisoner.

(4) The rules framed under section 20 of the Criminal Tribes Act, are as follows :-

(28) (1) All admissions into a settlement established under section 16, shall be arranged by the Deputy Commissioner for Criminal Tribes, under the general or special orders of the Provincial Government.

(2) (a) When it is proposed to commit any member of a Criminal Tribe to such Settlement, the District Magistrate of the district in which such member resides or is found, or the Deputy Commissioner of Criminal Tribes shall order him to be produced either before himself or before a Magistrate of the Ist Class.

(b) The Magistrate before whom he is produced shall then explain to him the grounds on which it is proposed to commit him to a criminal tribes settlement and shall record the statement, if any, made by him.

The Magistrate shall also furnish to him, on payment of copying fees at the usual rates, a summary of the allegations made against him in order to afford him an opportunity of rebutting the allegations.

(c) If it should appear to such Magistrate that further enquiry concerning such a person is necessary the enquiry shall be made in such manner as may seem most suitable in the circumstances.

(3) (a) When a member of Criminal Tribes is convicted of an offence and awarded a sentence on the expiry of which he is liable to detention in such settlement the convicting Magistrate, if he is a Magistrate of the Ist Class, shall call upon the said member of Criminal Tribes to show cause why on the expiry of the sentence he should not be committed to a settlement established under section 15 of the Act.

(b) If the convicting Magistrate referred to in clause (a) of the sub- rule is of a status lower than that of a Magistrate of the Ist Class, he shall report the case to District Magistrate who shall either take action under clause (a) himself or entrust the case to a Magistrate of Ist Class.

(c) The District Magistrate or the Magistrate of Ist Class referred to in clause (b) above shall record the statement, if any, of the member of the Criminal Tribe and shall also furnish to him on payment of occupying fees at the usual rates, summary of the allegations made against him, in order to afford him an opportunity of rebutting the allegations.

(d) The proceedings taken under clauses (a), (b) and (c) above shall then be forwarded by the said Magistrate to the Deputy Commissioner for Criminal Tribes, Punjab, who shall ascertain the previous record of the said member of Criminal Tribes from the Police authorities, make such other inquiries as he may consider necessary and submit the case for the orders of the Provincial Government.

(4) The provisions of Chapter XX and of Sections 68, 90 to 93, 242 and 496 of the Code of Criminal Procedure shall, in so far as they are applicable, apply to all inquiries held under section 16 of the said Act.

(5) No such member of a settled Criminal Tribe shall ordinarily be committed to or detained in any Reformatory or Industrial Settlement unless he has had two or more convictions for any of the following offences, namely :-

(a) Non-bailable offences described in Chapters XII and XVII of the Indian Penal Code;

(b) offences punishable under the Criminal Tribes Act, 1924;

(d) unless he has been ordered to provide security for good behaviour :

Provided that no such person shall ordinarily be committed to a settlement under this rule when more than five years have elapsed since the expiry of the sentence passed on him on the last conviction, or in consequences of the order requiring security, as the case may be.

Note :- Two convictions one for absence and the other for one of the offences specified in clause (a) or clause (c) of sub-rule (5) of Rule 28 committed in course of the absence shall count as one conviction only.

(6) Notwithstanding anything contained in sub-rule (5) the Provincial Government may commit to settlement any member of a criminal tribe who appears to be of criminal habits.

(7) In the case of females referred to in clause (e) rule 3 such commitment may on the recommendation of the Deputy Commissioner for Criminal Tribes, Punjab, be made co-extensive with the period of detention of the husband or guardian of such female.

(8) When a member of criminal tribe is ordered to be committed to a settlement established under section 16, such member shall be sent to the settlement in Police custody.

[531B. Release of prisoners convicted under Opium and Excise Laws. - Notice of the date of release of every prisoner convicted under the Opium and Excise Laws shall, one month before such date, be sent to the Superintendent, Excise Intelligence Bureau, care of the Financial Commissioner, Punjab.]

532. When a prisoner may be released on recognizance. - (1) If the warrant of an Appellate Court directs that a prisoner shall be released on bail or on his own or another person's recognizance, the Superintendent shall not release such prisoner until he shall receive, from the Magistrate or other proper authority, intimation, in writing, that such bail or recognizance has been duly given, and that such prisoner may be set at liberty in accordance with the terms thereof.

(2) The personal bond or recognizance of a prisoner whose release has been ordered should be drawn up in the jail office and attested by the Superintendent or by the Deputy Superintendent in the absence of the Superintendent.

[533. Return of warrant, Action when there are two or more warrants. - (1) On the release of a prisoner, upon the expiry of his sentence or on bail, his warrant shall be returned to the Court which (and not, by name to the officer who) issued it, with an endorsement showing the date and cause of release and the date on which the warrant is returned.]

[(2) The warrant of every prisoner who dies in jail shall be returned to the Magistrate of the District in which he was convicted.]

(3) If any prisoner is required to undergo two or more sentences under separate warrants, each such warrant shall be returned as soon as the sentence to which it relates has been executed.

(4) Warrants of commitment of prisoners sentenced by General, Summary- General or District Courts Martial should be sent to the Judge Advocate- General in India and those of prisoners sentenced by Summary Courts Martial the Officer Commanding the Unit in which the Court was held after the sentences have been executed.

(5) Warrants of commitment of escaped prisoners, who have not been recaptured, shall be returned to the convicting courts after a period of 10 years from the date of escape.

533A. Return of warrant. Action where an accused has been admitted to bail. - Where an accused has been admitted to bail pending the hearing of his appeal, the original warrant of commitment shall, after being returned by the Jail Authorities to the Court which issued it, be forwarded to the Appellate Court.

(1) In every case in which a sentence is reversed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to bail, with directions to discharge him.

(2) In every case in which a sentence is modified on appeal, the Appellate Court shall prepare a fresh warrant (in the form prescribed in the following rule) and shall forward the same, with the original warrant and with a copy of its order, to the Court by which the accused was admitted to bail, with directions to take measures to secure his surrender and commitment to jail on the modified warrant.

(3) In every case in which a sentence is confirmed on appeal, the Appellate Court shall return the original warrant with a copy of its order to the Court by which the accused was admitted to bail, with direction to take measures to secure his surrender and commitment to jail on the original warrant.

In each of the last above-mentioned cases it shall be the duty of the Court to which the accused surrenders to his bail to endorse on the warrant the dates of his release on bail and of his subsequent surrender.

533B. Action where an accused surrenders to his bail. - Where an accused surrenders to his bail in the Appellate Court, such Court in every case in which the sentence is reversed on appeal, shall discharge him. And in every case in which the sentence is modified or confirmed on appeal, such Court shall forward the accused in charge of a police officer with the modified or original warrant to the District Magistrate with directions to commit him to custody as in cases (2) and (3) of paragraph 533-A.

Note I. Wherever a Sessions Division consists of more districts than one, the District Magistrate in this paragraph shall be held to be the Magistrate of District in which the Sessions Court is sitting for the hearing of appeals.

II. - The following form of warrant is prescribed for use by Appellate Court when a sentence is modified or altered on appeal :-

In the Court of the ______________________ at______________

To the Officer in charge of the Jail _______________at _________________

Whereas _______________________son of _________________________ of village _____________________Pargana ___________________ police station _____________ in the district of ____________________________ was convicted by ______________________________, Magistrate of __________________, of the offence of _____________________________ and was sentenced on the __________ day of __________ 19 _______ to ______________ which conviction and sentence have been modified on appeal by this court, and in lieu thereof the said _________ has been convicted of the offence of _______________ and sentenced on the ________ day of ______ 19 ___________ to ____________

This is to authorise and require you the said Superintendent to receive the said ___________________________________________________ into your custody in the said jail, together with this warrant and carry the aforesaid sentence into execution according to law, and this is further to authorize and require to you return to this Court the original warrant of commitment in lieu whereof this warrant is issued.

Given under my hand and the seal of the court this __________________

__________day of ___________________________19

Sessions Judge or Magistrate.

534. Case of Prisoner ill at the time of release. - If, on the expiration of his sentence, a prisoner is found to be suffering from serious illness be shall, if he elects to remain under treatment in jail under section 26(3), Act IX of 1894, be allowed to do so until certified fit for discharge.

535. Release of prisoners suffering from disease. - (1) With the consent of the Magistrate of the District within the limits of which the prisoner's offence was committed the Superintendent may release a prisoner suffering from disease provided that -

(a) the disease is likely to prove fatal if the prisoner remains in prison;

(b) there is a reasonable chance of recovery if the prisoner be released;

(d) the medical officer recommends the release and certifies that conditions (a), (b) and (c) have been complied with; and

(e) the prisoner has not more than six months to remain in prison before the expiry of his sentence.

(2) The prisoner shall be informed, before release, that his liberation is conditional on the sanction of the Local Government, and that, if such sanction be withheld, he will have to return to prison to serve out the remainder of his sentence. The prisoner's friends shall be sent for and a security bond taken from them, before he is released that they will give him up if required to do so.

(3) The case shall be immediately reported to the Inspector- General in the prescribed form for submission to the Local Government. (Form No. 83).

536. Action in case of differences of opinio. - If the Magistrate of the District dissents from the Superintendent's recommendations the case shall be submitted to the Commissioner of the Division within the limits of which the prisoner's offence was committed, and he may either order his release, subject to the provisions of clauses (2) and (3) of paragraph 535, or submit the case for the orders of the Local Government.

Note. - Cases which are not provided for in these rules will be dealt with by the Local Government under the provisions of section 401 of the Code of Criminal Procedure, 1898, on receipt of recommendations from the local authorities.

536A. Transfer of prisoners to civil hospitals in case of serious illness. - (1) Where it is necessary to remove a convict or under trial prisoner to a hospital outside the jails for operative or other special treatment which cannot conveniently be given in the jail itself :-

[(a) In case in which a convict or under trial is to be admitted to hospital for in-patient treatment or is to be sent for out-patient treatment or for X-ray examination, the Superintendent of the Jail is empowered to authorise the visit himself. He is, however, required to report the matter immediately to the Inspector-General of Prisons, Haryana.]

(b) In cases in which the convict or undertrial is taken to hospital for treatment as an outpatient only or for X-ray examination the Superintendent of the jail is empowered to authorise the visit himself. He is, however, required to report the matter for the information of the Inspector- General.

[In cases, it is proposed to remove a prisoner to a hospital in another Station, orders of the Inspector General of Prisons, Haryana, be obtained in advance. However in emergent cases, the Superintendent of the Jail is authorised to anticipate the sanction of Inspector-General of Prisons, Haryana though when he does so, he should make an immediate report to the Inspector-General of Prisons, Haryana.]

(2) The discretion given to the Superintendent to anticipate the sanction of Government does not apply to cases in which it is proposed to remove a prisoner to a hospital in another station. In such cases the orders of the Inspector-General must be obtained in advance, and the Inspector-General will make an immediate report to Government of all cases in which he allows a prisoner to be so moved in anticipation of sanction.

[(3) In all cases in which a prisoner is removed to a hospital for the purposes of an operation the removal should take place as close as possible to the time fixed for the operation and the prisoner should be brought back to the jail hospital as soon as this can conveniently be done.]

[(4) The Superintendent of the Jail concerned is responsible for making adequate arrangements for the guarding of such prisoners in a civil hospital. He should invariably inform the Superintendent of Police concerned when any desperate or dangerous prisoner is sent to the hospital and it will rest with the latter officer to decide whether he will replace the usual warder guard by a police guard in view of the danger of escape or rescue. In any case not less than one officer of the prison shall remain in the hospital with the prisoner to serve as the prison officer in control of the prisoner for the purpose of section 55 of the Prisons Act.]

(5) All expenses incurred by the hospital authorities in connection with the treatment of prisoners from jails will be borne by the Jails Department.

[(6) Prisoners in special cases to get outside treatment at their own expenses - Prisoners may be allowed, in special cases, to get treatment by an outside specialist at their own expenses provided the medical officer of the jail considers such outside treatment necessary. In case a prisoner insists on having outside treatment at his own expense, only such specialist will be permitted to do the treatment as is approved by the Jail Medical Officer.]

[536B. Transfer of prisoners to Examinations Centres. - For the purpose of University Examinations, the Superintendent Jail is empowered to allow a convict or an undertrial prisoner to visit the examination Centre, under proper Police Escort.]

Chapter XVI

Appeals, Petitions, Interviews and Communications

(a) Appeals and Petitions

537. Prisoner to be given facilities for appealing. - Every convict shall, on first admission to jail, be informed of the period within which an appeal from the order under which he has been committed to jail may be filed, and, if he desires to appeal and is entitled to do so, every facility shall be granted him for the purpose. A request to be allowed to appeal, made at any time within the period allowed by law for the purpose shall, if the period is about to expire, be forthwith attended to, but, if there is not urgency, the preparation of the appeal may be postponed to such day of the week as the Superintendent may from time to time fix in that behalf.

538. Periods allowed for appealin. - The periods allowed for appealing are as follows :-

Appeal from the decision of a Subordinate Magistrate to the Magistrate of a District	..... 30 days.
Appeal to the Sessions Judge	.... 30 days.
Appeal to the High Court when the sentence against which the appeal is made is not a sentence of death	.... 60 days .
Appeal to the High Court against a sentence of death passed by a Sessions Judge	... 7 days.*

*(See Act XV of 187)

539. Interview for the purpose of appealin. - Every convict shall be allowed reasonable opportunities of personally interviewing his relatives, friends and legal advisers, for the purpose of preparing his appeal :

Provided that every such interview shall be held within sight, but out of the hearing, of the jail official in whose charge the prisoner is placed for the purpose of such interview.

540. Prohibition against writing appeals without permissio. - No prisoner or officer of the jail shall prepare, write out or submit any appeal or petition on behalf of any prisoner, without the previous permission, in writing, of the Superintendent.

541. Appeal for a prisoner who has no friend or agen. - (1) If a prisoner desires to appeal and declares that he has no relative, friend or agent who is willing to make an appeal for him, the Superintendent shall forthwith apply (Form No. 154) for a copy of the judgment or order relating to such prisoner from which he desires to appeal.

(2) On receipt of the copy of the judgment or order, the prisoner shall, if he is able to write, be allowed to write his own appeal. If the prisoner is not able to write, the Superintendent shall cause his appeal to be written for him by another prisoner or by a jail official.

(3) A prisoner or official deputed to write an appeal, shall do so at the appellant's dictation, and shall neither make any suggestions to the prisoner as to what should be stated, nor add anything to what the prisoner himself desires to have stated in the appeal.

(4) The Superintendent shall forward the appeal, with a copy of the judgment or order appealed from, to the District Magistrate to be forwarded to the Appellate Court with the files of the case.

(5) If after the receipt of the copy of the judgment or order, a relative, friend or agent of the prisoner undertakes to make the appeal on his behalf and the prisoner consents to that course, the copy of the judgment shall be delivered to such relative, friend or agent as the case may be.

(6) The provisions of this rule shall, as far as may be, apply to petitions for revision or clemency and the like.

Note 1. - The Superintendent is not justified in refusing to forward the appeal of any prisoner whether it is barred by limitation or not.

Note 2. - An appeal made by the Superintendent on behalf of a prisoner should, before despatch, be read over to the appellant in the presence of the Superintendent, who shall, if the prisoner approves of the appeal, countersign the document and cause the official seal of the jail to be stamped thereon.

[Note 3. - In cases other than summons cases convicted prisoners are entitled under section 371(1) Criminal Procedure Code to a copy of the judgment free of all fees. In summons cases no court-fees are payable on the copy of the judgment. Government have further approved the principle that if the person convicted in a summons case is in Jail he or his agent shall be allowed a copy of the Judgment free of copying fees.

If a prisoner's appeal fails and he desires to prefer to an application for revision, he is not entitled to get back, for the purpose of his revision application, the free copy supplied under these instructions.]

[Note 4. - A prisoner sentenced by jirga is not entitled to appeal, but it is open to him to apply for revision to the Commissioner of the Division in which he was sentenced.]

Note 5. - Copies of judgments of the High Court in criminal cases, shall, on application made in this behalf by the convicted prisoner, be supplied free of costs -

(a) in every case in which a sentence of death or transportation for life has been passed or confirmed by the High Court, and

(b) in any other case if the High Court so directs. Registrar High Court of Punjab letter No. 2409-Genl. dated 24th March, 1950 and Punjab Government letter No. 8952-JJ-51/4971, dated 27th September, 1951.

542. When an appeal is not desired. - If any prisoner states that he does not desire to appeal, the fact shall be recorded on his history-ticket.

543. Prisoners not to be transferred pending appeal. - With the exception of such classes of prisoners for whom transfer orders are from time to time issued, convicts who have not completed their term of appeal without appealing or until their appeals have been disposed of should not ordinarily be transferred to another jail without the special sanction of the Inspector- General.

544. Appeals of prisoners transferred. - When any communication relating to the appeal of a prisoner, who has been transferred, is received, it shall be forwarded without delay by registered post to the Superintendent of the Jail in which the prisoner is confined after noting the same in Register No. 2 of the jail from which the prisoner has been transferred.

545. Reminders enquiring the result of appeal. - If the result of an appeal to the District Magistrate or Sessions Judge is not communicated within one month, or in the case of an appeal to the High Court, within three months of the date on which such appeal was submitted, the Superintendent shall send a reminder to the Court concerned and repeat the enquiry at reasonable intervals until it is. The result of an appeal shall, when received, be communicated to the prisoner concerned and entered in his history-ticket and Admission Register.

546. Procedure when a Court directs the retrial of a prisoner. - If an Appellate Court directs that a prisoner be re-tried and a warrant for his release on bail or for his custody pending trial is not at the same time received, the prisoner shall, unless he has a sentence on another warrant to undergo, be remanded to the ward for unconvicted prisoners and the Superintendent shall apply to the Court for a warrant for his custody pending trial.

547. Petition for clemency. - Every prisoner shall be at liberty to petition the Government for clemency, and shall, should he so desire, be accorded reasonable facilities for preparing and submitting such a petition.

"Except in the case of petitions against the execution of sentences of death, all such petitions must be accompanied by copies of the judgments of the Court of conviction and of any superior court which may have dealt with the case on appeal or revision, to be supplied by the petitioners themselves."

Duties of Superintendents of Jails

548. Government of India letter No. F.-407/32-Judl., dated 4th September, 1933. - The following are the rules relating to the duties of Superintendents of Jails in connection with petitions for mercy from convicts under sentence of death :-

(a) Rules framed by the Government of India.

I - Immediately on receipt of a warrant for execution consequent on the confirmation by the High Court of a sentence of death, Jail Superintendent shall inform the convict concerned that if he desires to submit a petition for mercy, it should be submitted in writing within seven days of the date of such intimation.

II - P.G. letter No. 34119, dated 26th December 1933 (vide note 1). - If the convict submits a petition within the period of seven days prescribed by Rule 1 it should be addressed both to the local Government and to the Governor- General in Council, and the Superintendent of Jail shall forthwith despatch it, in duplicate, to the Secretary to the local Government in the Department concerned, together with a covering letter reporting the date fixed for the execution and shall certify that the execution has been stayed pending receipt of the orders of the Governor in Council and the Governor-General in Council on the petition. If no reply is received within 15 days from the date of the despatch of the petition, the Superintendent shall telegraph to the Secretary to the Local Government drawing attention to the fact but he shall in no case carry out the execution before the receipt of Local Government's reply.

III - If the convict submits a petition after the period prescribed by Rule 1, the Superintendent of the Jail shall at once forward it to the local Government and at the same time telegraph the substance of it, requesting orders whether the execution should be postponed and stating, that pending a reply, the sentence will not be carried out. If such petition is, however, received by the Superintendent later than noon on the day preceding that fixed for the execution, he shall at once forward it to the local Government and at the same time telegraph the substance of it, giving the date of execution and stating that the sentence will be carried out unless orders to the contrary are received.

IV - If the convict submits a petition for mercy addressed to His Majesty the King Emperor or the Secretary of State, the Superintendent shall at once forward it to the local Government and shall at the same time telegraph the substance of the petition and the date of execution to the local Government.

He shall no further postpone execution unless specially ordered by the local Government.

V - In the event of its coming to the knowledge of the Superintendent at any time before the execution of the sentence that altogether exceptional circumstances have arisen which plainly demand a reconsideration of the sentence, he is at liberty, notwithstanding anything in the foregoing rules, to report the circumstances by telegraph to the local Government and ask for its orders and to defer execution till they are received.

VI - The Superintendent shall at once report back to the Home Secretary to the Punjab Government all telegrams communicating orders to him regarding petitions for mercy, by way of acknowledgement of their receipt.

(b) Instructions issued by the Punjab Government.

VII - P.G. letter No. 34119, dated 26th December, 1933 (vide note 1) - When acknowledging the orders of the Governor in Council and the intimation that the petition has been forwarded for the orders of the Government of India, the Superintendent shall certify that the execution remains stayed pending the orders of the Governor-General in Council.

VIII - P.G. No. 10382-Judicial, dated 31st March, 1926. - In the event of final orders from the local Government to carry out execution being received after the date fixed for execution by the Sessions Judge, the Superintendent shall appoint a day for execution not more than a week later than the date on which such orders actually reach him so as to permit of the usual antecedent formalities, e.g., summoning of relatives and friends to bid farewell, the making of a will, etc., being observed in due order and without precipitation. The date so fixed should be intimated to Government when acknowledging the orders of execution.

IX - P.G. No. 30274-Judicial, dated 17th October, 1926 - When final orders are received by a Superintendent of a Jail from Government by telegram to carry out execution on the date fixed by the Sessions Judge, the Superintendent of the Jail should comply without waiting for postal confirmation, provided such date has not elapsed at the time he receives final orders. If this has expired the Superintendent should be governed by Rule VII above.

[X - On the morning of any execution, the Superintendent of the Jail shall before proceeding to the cell of the condemned prisoner enter his office and assure himself that there is no communication awaiting him connected with the execution. - (vide note 3)]

Note - The procedure laid down for opening dak in Jail offices is indicated in Punjab Government letter No. 34119, dated 26th December, 1933 (vide note 1 at end of paragraph)

XI - Every petition in vernacular should be accompanied by a carefully prepared translation which, to ensure its accuracy, should be examined by the Superintendent while the vernacular papers are being read out to him. The document should then be attested by the Superintendent and forwarded without delay by "Registered" Post in a Pink coloured envelope inscribed "Death Case - Immediate," standardised for use in all jails.

XII - Procedure for the communication of orders to stay execution to the Lahore Central Jail when Government is at Lahore. - When the Punjab Government is in Lahore, orders to stay execution of condemned prisoners in the Lahore Central Jail shall be conveyed over the telephone to the Jail if these orders cannot be issued before noon on the day preceding the execution. An immediate acknowledgement shall be required and this shall be in the form of a letter addressed to the Home Secretary to the effect that the order has been received and acted upon. The Superintendent (or in his absence the Deputy Superintendent) of the Jail will, unless otherwise directed at the time of telephoning, send this acknowledegement to the Secretariat during office hours, or to the Resident Clerk out of office hours.

XIII - Special Station Dak Book. - A special station dak book shall be kept for all letters sent to the Superintendent, Central Jail, Lahore, in connection with condemned prisoners.

The receipt of such letter shall be acknowledged in the dak book over the signature either of the Superintendent himself or in his absence from the jail of the Deputy Superintendent or in his absence the Senior Assistant Superintendent on duty. These officers shall append their designation beneath their signature, and note the time of receipt of letters.

Note 1. - Copy of a letter No. 34119, dated Lahore, the 26th December, 1933, from the Home Secretary to Government, Punjab, to the Inspector General of Prisons, Punjab.

I AM directed to request that orders to the following effect are issued immediately to the Superintendents of all Jails in the province and that their attention is drawn to the absolute necessity for a very strict adherence to the rules governing the procedure to be followed in regard to petitions from convicts under sentence of death.

2. The Governor in Council has noticed that the certificate required under Rule II of section I of the Rules for dealing with these petitions is sometimes incorrectly worded. In forwarding a mercy petition the Superintendent should certify that the execution has been stayed pending the orders of the Governor in Council and the Governor-General in Council and not as is sometimes done, merely pending the orders of the local Government. Further when acknowledging the orders of the Governor in Council and the intimation that the petition has been forwarded for the orders of the Government of India, the Superintendent should certify that the execution remains stayed pending the orders of the Governor-General in Council.

3. The system under which letters of any kind are allowed to lie in the jail offices for a whole day without being opened must be changed immediately. All such letters should be placed before the Superintendent before he leaves office and any which arrive after his departure should be opened before the Deputy Superintendent or an Assistant Superintendent detailed for this duty. Further all telegrams and all letters marked immediate or urgent or addressed to the Superintendent by name or received by registered post must be placed at once before the Superintendent. There must also be another official designated by name who will be responsible for receiving and opening such communications at any time of the day or night in cases when the Superintendent of the Jail is not available, whether because of sickness or leave or absence from the jail for any other cause.

4. All letters acknowledging the receipt of orders of Government in death cases must be signed by the Superintendent or the Deputy Superintendent of the Jail.

Note 2. - Copy of letters No. 25821-Judl, dated Lahore, the 13th July, 1932, from the Home Secretary to Government, Punjab, to all Superintendents of Control and District Jail in the Punjab and Delhi.

I AM directed to say that the Governor in Council has decided that in the interest of economy the orders of the Governor in Council rejecting the petitions for mercy from condemned prisoners will be communicated to you in an express letter and should be promptly acknowledged by you by post. The orders of the Governor-General in Council declining to interfere and ordering the carrying out of the execution will continue to be conveyed as at present by telegram and should be repeated by you by wire.

2. The orders of commutation of death sentence and postponement of execution will also be communicated to you by telegraph and should be acknowledged by you by telegram as at present.

Note 3. - Copy of a letter No. 129 Judl/D.C, dated Lahore, the 22nd January, 1934, from the Home Secretary to Government, Punjab, to the Secretary to the Government of India, Home Department, New Delhi.

I AM directed to refer to paragraph 3 of Mr. Sloan's letter No. F-1117/33 Judicial, dated the 13th January, 1934, to the address of all local Governments and to say that all District Magistrates in the Punjab have been ordered to inform immediately the Bar Associations in their districts that intimations addressed to His Excellency the Viceroy or to any officer of the Government of India, of an intention to appeal to the Judicial Committee of the Privy Council on behalf of a convict under sentence of death will in future be ignored. The Honourable Judges of the High Court have also been asked to bring this order to the notice of the High Court Bar Association and all Sessions Judges. The order has been communicated to Superintendents of all Jails in the Province through the Inspector-General of Prisons. The Governor in Council suggests that the order should be enforced with effect from the Ist February, 1934.

2. Instructions have also been communicated to all these officers and Bar Associations that the proper authority to be addressed in this behalf is the Home Secretary to the local Government. The Governor in Council agrees that rule X (a) of the rules forwarded with the Government of India (Home Department) letter No. F-497/32 Judl., dated the 4th September, 1933, should contain a direction that intimation of an intention to appeal to the Judicial Committee should be addressed to the local Government or to an officer designated by them, who in the case of this Government will be the Home Secretary.

3. With reference to paragraph 2 of Mr. Sloan's letters to my address No. F- 1117/33 Judicial, dated the 13th January, 1934, I am to say that the following orders have already been issued to the Superintendents of all jails in the Province:-

(a) The system under which letters of any kind are allowed to lie in a jail office for a whole day without being opened must be changed immediately. All such letters should be placed before the Superintendent before he leaves office and any which arrive after his departure should be opened before the Deputy Superintendent or an Assistant Superintendent detailed for this duty. Further, all telegrams and all letters marked immediate or urgent or addressed to the Superintendent by name or received by registered post must be placed at once before the Superintendent. There must also be in each jail an official designated by name who will be responsible for receiving and opening such communications at any time of the day or night in cases when the Superintendent of the Jail is not available, whether because of sickness or leave or absence from the jail for any other cause; and

(b) On the morning of any execution, the Superintendent of the Jail shall before proceeding to the cell of the condemned prisoner enter his office and assure himself that there is no communication awaiting him connected with the execution.

Note 4. - Copy of a letter No. 82, dated Lahore, the 22nd January, 1934, from the Home Secretary to Government, Punjab, to the Inspector General of Prisons, Punjab.

I AM directed to request that orders be issued to all jails that when acknowledging any order of Government postponing an execution the Superintendent of the Jail shall state in his acknowledging letter that the execution has been postponed pending the further orders of Government.

Note 5. - Copy of a letter No. 17 Judl./D.C., dated Lahore, the 4th January, 1934, from the Home Secretary to Government, Punjab, to the Inspector-General of Prisons, Punjab.

I AM directed to request that during the course of inspections either by you or the Deputy Inspector-General of Prisons particular attention should be devoted to the perfection of all arrangements connected with the receipt or issue of communications dealing with death cases.

Note 6. - For further instructions the pamphlet published and supplied to the Superintendents of all jails by Government and containing the rules for dealing with petitions from convicts under sentence of death, should be referred to

Dated 31st August, 1934.

(b) Interviews and Communications

A - General Rules

[549. General Rules for the grant of interviews and communications. - (1) Every newly convicted prisoner shall be allowed reasonable facilities for seeing or communicating with his relatives of friends with a view to the preparation of an appeal or to the procuring of bail, and shall also be allowed to have interviews or write letters to his friends once or twice, or often if the Superintendent considers it necessary, to enable him to arrange for the management of his property or other family affairs.]

[(2) Every prisoner committed to prison in default of payment of a fine or of finding security under Chapter VIII of the Code of Criminal Procedure shall be allowed to communicate by letter and to have interviews at any reasonable time with his relations or friends for the purpose of arranging for the payment of the fine or the furnishing of security.]

[(3) Every prisoner under sentence of transportation and about to be transported shall be allowed to have one or more interviews with his relatives and friends before transfer from the jail to which he was committed when sentenced.]

[(4) Every prisoner under sentence of death shall be allowed such interviews and other communications with his relatives, friends and legal advisers as the Superintendent thinks reasonable.]

[550. Rules for grant of interviews and communication to and by convict. - In addition to the privileges granted in paragraph 549, every convicted prisoner shall be allowed to have an interview with his relatives or friends and to write a letter once a week during the term of his imprisonment :]

Provided that the exercise of this privilege shall be contingent on good conduct and may be withdrawn or postponed by the Superintendent for bad conduct.

There will be no restriction on the number of letters a prisoner may receive.

Note (i) - A letter merely arranging an interview shall not be counted for the purpose of this rule.

Note (ii) - A prisoner may, with the permission of the Superintendent, substitute a letter for an interview, or vice versa.

Note (iii) - Prisoners shall be allowed to send a special letter notifying their relations of their transfer from one jail to another.

550A. Cancelled.

551. Exception to General Rule. - The Superintendent may at his discretion grant interviews or allow the despatch or receipt of letters at shorter intervals than provided in paragraph 550 or in spite of the prisoner's misconduct if he considers that special or urgent grounds exist for such concession, as, for example, in the event of the prisoner being seriously ill or on the occurrence of the death of a near relative or if the friends, or relatives have come from a distance to see the prisoner and it would inflict an undue hardship on them to refuse an interview, or if the prisoner is nearing release and wishes to secure employment, or for other sufficient cause. Matters of importance, such as the death of a relative, may also be communicated at any time by the friends of a prisoner to the Superintendent who will, if he thinks it expedient, inform the prisoner of the substance of the communication.

551A. No interview or communication to take place without sanction of Superintendent. - No convicted prisoner shall be allowed to have an interview or to receive or write a letter except with the permission of the Superintendent, which shall be recorded in writing.

[551B. Grant of permission to convicted prisoner to see friends and write letters contingent on passing twelve months free from punishment. - Convicted prisoners may be permitted by the Superintendent to see their friends and exchange letters at intervals of 1-1/2 months, if and when they have passed 12 months free from punishment; this concession to be valid for the ensuing 12 months.]

552. Application for interview to be oral or in writing. - Applications for interviews with prisoners may be oral or in writing at the discretion of the Superintendent. If the prisoner is not entitled to an interview, the applicant shall be informed at once.

552A. Persons granted an interview may be searched. - Every person desiring to hold an interview with any prisoner shall, before such interview is allowed to take place or he is allowed to enter the jail, is called upon by the Deputy Superintendent so to do, give his name and address and submit to be searched;

Provided that no such search shall be made in the presence of any prisoner or person other than the proper officers of the jail, and, in the case of a female visitor, that such search shall be conducted by the matron or a female warder. If the visitor refuses to submit to be searched or to give his name or address, he shall not be permitted to enter the jail or to interview any prisoner.

552B. Search of visitors. - (1) The Deputy Superintendent may demand the name and address of any visitor to a prisoner, and, when the Deputy Superintendent has any ground for suspicion, may search any visitor, or cause him to be searched but the search shall not be made in the presence of any prisoner or of another visitor.

(2) In case of any such visitor refusing to permit himself to be searched, the Deputy Superintendent may deny him admission, and the grounds of such proceeding, with the particulars thereof, shall be entered in such record as the Local Government may direct.

Note. - The record required by clause (2) shall be made in the Deputy Superintendent's journal.

553. Time and days of interview. - The Superintendent shall fix the days and hours at which all interviews shall be allowed and no interviews shall be allowed at any other time except with the special permission of the Superintendent. A notice of the hours of interviews shall be posted outside the jail.

553A. Places of interview. - Every interview shall take place in a special part of the jail appointed for the purpose, if possible at or near the main gate. Provided that interviews with female prisoners shall, if practicable, take place in the female enclosure. Provided also that if a prisoner is seriously ill, the Superintendent may permit the interview to take place in the hospital, and a condemned prisoner shall ordinarily be interviewed in his cell. Provided further that Superintendent may, for special reasons to be recorded in writing permit an interview to take place in any part of the jail.

554. Interview to take place in the presence of a jail officer. - Every interview with a convicted prisoner shall take place in the presence of a jail officer, who shall be responsible that no irregularity occurs, and who shall be so placed as to be able to see and hear what passes and to prevent any article being passed between the parties.

554A. Termination of interview. - Any interview may be terminated at any moment if the officer present considers that sufficient cause exists. In every such case the reason for terminating the interview shall be reported at once for the orders of the senior officer present in the jail.

555. Duration of interview. - The time allowed for an interview shall not ordinarily exceed 20 minutes, but may be extended by the Superintendent at his discretion.

555A. Search of prisoner before and after interview. - Every convicted prisoner and every unconvicted criminal prisoner shall be carefully searched before and after an interview.

556. Procedure as to the delivery of letters. - No letter shall be delivered to or sent by a convicted prisoner until it has been examined by the Superintendent or by the Deputy Superintendent or other officer under the Superintendent's orders, but no unnecessary delay should be allowed to occur in delivery or despatch. If a letter is written in a language unknown to the Superintendent, he shall take steps to procure a translation before forwarding the letter. No letter written in cipher shall be allowed. The Superintendent may withhold any letter which seems to him to be in any way improper or objectionable, or may erase any improper or objectionable passages.

556A. Detention or return of letters received for prisoners. - If a letter is addressed to a prisoner who is not entitled under the rules to receive it, it may unless the Superintendent determines to communicate it under paragraph 551, be withheld and kept in the Superintendent's custody until the prisoner is entitled to receive it or is released, when it shall be delivered to him, unless it is improper or objectionable; or it may be returned to the sender with an intimation that the prisoner is not entitled to receive it.

557. Custody of letters received by prisoner. - A convict may retain any letter which has been delivered to him with due authority unless the Superintendent otherwise directs, or may ask that it be kept for him.

557A. Provision of writing materia. - (1) Writing material including service postcards and service stamps shall be supplied to convicts, undertrials and civil prisoners on the following scale :-

(i) Better class convicted criminal prisoners	One service stamp once a month.
(ii) Other convicts	One service postcard once a month,
(iii) Better class unconvicted criminal prisoners	One service stamp once a fortnight.
(iv) Other unconvicted criminal prisoners and civil prisoners	One service postcard once a fortnight.

(2) Expenses of postage for additional letters, permissible under the rules shall be borne by the prisoners themselves.

(3) All letters shall be written at such time and place as the Superintendent may appoint. Fixed days of the week preferably Sunday and Thursday shall be set apart for letter writing.

558. Superintendent may refuse any interview. - A Superintendent may refuse to allow any interview to which a prisoner would ordinarily be entitled under these rules, but in every such case, if in his opinion, it is inexpedient in the public interests to allow any particular person to interview a prisoner or if other sufficient cause exists, he shall record his reasons for such refusal in his journal.

558A. Abuse of privilege of holding interview. - Any prisoner who abuses any privilege relating to the holding of an interview or the writing of letters or other communication with any person outside the jail shall be liable to be excluded from such privileges for such time and may be subjected to such further restrictions as the Superintendent may direct.

B - Special rules relating to undertrial and civil prisoners.

Section 40, Act IX, 1894

559. Visits to civil and unconvicted criminal prisoners. - Due provision shall be made for the admission, at proper times and under proper restrictions, into every prison of persons with whom civil or unconvicted criminal prisoners may desire to communicate, care being taken that, so far as may be consistent with the interests of justice, prisoners undertrial may see their duly qualified legal advisers without the presence of any other person.

559A. Interview and communications of civil and unconvicted prisoners. - Unconvicted criminal and civil prisoners shall be granted facilities for writing two letters and two interviews each week with their relatives or friends :

Provided that all reasonable facilities shall be granted at proper time and under proper restrictions for interviewing or otherwise communicating either orally or in writing with their legal advisers.

The exercise of the privilege shall be contingent on good conduct and may be withdrawn or postponed by the Superintendent for bad conduct.

560. Interviews of unconvicted prisoners with legal advisers.. - Every interview between an unconvicted prisoner and his legal adviser shall take place within sight, but out of hearing, of a jail official. A similar concession may be allowed by the Superintendent in the case of an interview with any near relative of the unconvicted prisoner.

[Note. - The term "friend or relative" as applied to a prospective interviewer of prisoners and as occurring in paragraphs 549 to 560 supra is to be literally and strictly interpreted, that is to say, no one should be allowed an interview with a prisoner who is not entitled under the rules to interview, unless he can submit proof of a personal and intimate acquaintance or of near relationship. In the case of a relative, the nature of relationship should be ascertained.]

560A. Application from Legal Advisers for interview of unconvicted prisoner. - When any person desires an interview with an unconvicted criminal prisoner in the capacity of the prisoner's legal adviser he shall apply in writing, giving his name and address and stating to what branch of the legal profession he belongs and he must satisfy the Superintendent that he is the bona fide legal adviser of the prisoner with whom he seeks an interview and that he has legitimate business with him.

561. Confidential letters of unconvicted prisoners. - Any bona fide confidential written communication prepared by an unconvicted criminal prisoner as instructions to his legal adviser may be delivered personally to such legal adviser without being previously examined by the Superintendent. For the purpose of this rule the term legal adviser means a legal practitioner within the meaning of Act XVIII of 1879.

562. Time of interview of civil prisoners. - Civil prisoners may see their friends and relations at such times and under such restrictions as the Superintendent may appoint and the presence of the jail officer shall not be necessary.

563. Conditions under which a Christian minister may be admitted. - On the application of a Christian prisoner, a known Christian minister, of the denomination to which the prisoner belongs, as declared by him on his admission to jail, shall be admitted to the jail for religious ministration only, on any of the following days, namely :- Christmas Day, Good Friday and Sundays : Provided that -

(a) the Superintendent may, in his discretion, refuse to admit any minister whose admission to the jail he considers, for any sufficient reason, to be inconsistent with the maintenance of discipline therein;

(b) no such Christian minister shall be permitted to have access to any non-Christian prisoner: nor to any Christian prisoner of a different religious persuasion to himself, unless at the voluntarily expressed desire of such prisoner; and

(c) the religious ministration shall be subject to such conditions as to time, place, duration and the like, as the Superintendent may at any time deem fit to prescribe.

564. Visit of a Christian minister to a sick or condemned prisoner. - (1) A Christian minister may be allowed to visit a Christian prisoner on any day other than on any of the days specified in the preceding rule, if such prisoner is dangerously ill or is under sentence of death and desires to see such minister, but not otherwise. (Part II, Rule 267).

(2) On such desire being expressed, the Superintendent shall, if possible, arrange for a Christian minister to visit the prisoner.

Chapter XVII

Classification and Separation of Prisoners

(a) Classification of Prisoners

565. The classification of prisoners for purposes of separation. - The prisoners for the time being confined in every jail, shall, for purposes of separation, as far as may be, be classified as follows, namely -

Note 1. - Female will be classified in the same manner as is provided in the case of males.

Note 2. - Unconvicted criminal prisoners and civil prisoners, respectively, will be sub-divided according to sex, nationality and whether casual or habitual.

(b) Separation of Prisoners

566. Accommodation for prisoners. - The Local Government shall provide, for the prisoners in the territories under such Government, accommodation in prisons constructed and regulated in such manner as to comply with the requisition of this Act in respect of the separation of prisoners.

567. Separation required by Act IX of 1894. - The requisition of the Prisons Act with respect to the separation of prisoners are as follows :-

(1) in a prison containing female as well as male prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such manner as to prevent their seeing, or conversing or holding any intercourse with, the male prisoners;

(2) in a prison where male prisoners under the age of eighteen are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not;

(3) unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and

(4) civil prisoners shall be kept apart from criminal prisoners.

568. Separation required by rule made under Act IX of 1894. - In addition to the provisions, as to the separation of prisoners, of section 27 of the Prisons Act, 1894, and subject to the provisions of the rule next following, the further provisions, as to the separation of prisoners, hereinafter specified, shall, to the extent to which they can, in each jail, be observed be carried into effect, namely :-

(a) unconvicted criminal prisoners who have been committed for trial by the Court of Session shall be kept separate from unconvicted criminal prisoners who have not been so committed and those who have been previously convicted shall be kept separate from those who have not been previously convicted;

(b) convicts of the casual class shall be kept separate from convicts of the habitual class;

(c) convicts who have been sentenced to simple imprisonment only shall be kept separate from convicts who have been sentenced to rigorous imprisonment;

(d) convicts who are under twenty-one years of age shall be kept separate from convicts who are more than twenty-one years of age;

(e) cancelled; and

(f) civil prisoners who are confined under the orders of any authority other than a judicial tribunal shall be kept separate from prisoners who are confined under process of a Civil or Revenue Court or authority.

(g) A prisoner sentenced under section 2 of the Frontier Murderous Outrages Regulation No. IV of 1901, shall be kept in separate confinement as defined in the explanation to clause 8 of section 46 of the Prisons Act, IX of 1894, and shall, unless he was under the age of 15 years at the time of his conviction, be so kept for the whole period of his sentence.

[Note - Every habitual criminal shall as far as possible be confined in a special jail in which no prisoner other than habitual criminals shall be kept.]

[Provided that the Inspector-General of Prisons may transfer to this special jail any prisoner, not being a habitual criminal, whom for reasons to be recorded in writing, he believes to be of so vicious or depraved a character and to exercise, or to be likely to exercise so evil an influence on his fellow prisoners that he ought not to be confined with other non-habitual prisoners, but a prisoner so transferred shall not otherwise be subject to the special rules affecting habitual criminals.]

569. Exception to the Rule regarding separation. - When, in any jail, only one prisoner exists in any class and separation would amount to solitary confinement, such prisoner may, if he so desires, be permitted to associate with prisoners of another class :

Provided that the class with which such prisoner is permitted to associate shall be determined by the Superintendent and that the provisions of section 27 of the Prisons Act, 1894, are not in any case infringed by the permission so accorded.

[569A. Unconvicted criminal prisoners may be confined separately in cells when in the opinion of the Superintendent of the Jail in which they are confined it is necessary in the interests of jail discipline to do so, or under the orders of the Inspector-General of Prisons or of the Local Government.]

570. Association and segregation of prisoners. - Subject to the requirements of paragraph 567, convicted criminal prisoners may be confined either in association or individually in cells or partly in one way and partly in the other.

571. Convicts to be separated. - All convicts shall, so far as the requirements of labour and the cell accommodation of the jail will allow, be kept separate both by day and by night.

572. Occupation of vacant cells. - If, in any jail, at any time, all the cells are not in use for purposes of punishment or otherwise, the vacant cells shall, subject to the following conditions, be occupied by convicts for purposes connected with the separation of prisoners under these rules :

(a) If there are juveniles in the jail, and there are not sufficient means for separating them by night in the juvenile ward, the cells shall, in preference to any other class of prisoners, be occupied by juveniles for this purpose.

(b) Such convicts sentenced under section 366, as have been found guilty of kidnapping or abducting for purpose of prostitution and all convicts sentenced under sections 376 and 377 of the Indian Penal Code shall, in preference to prisoners other than juveniles, be placed in cells both by day and night.

(c) Convicts of the habitual class shall be placed in cells both by day and night in preference to convicts of the casual class.

573. Separation of habitual. - Convicts of the habitual class shall be subjected to the system of separation prescribed in the preceding rules, in rotation.

574. Separation of casuals. - If, at any time, there are more cells in jail than suffice for the separation of all convicts of habitual class, prisoners of the casual class shall be confined in cells, both by day and night, in rotation.

575. Procedure when separation by day is not feasible. - A convict who would ordinarily come under the operation of any of the preceding rules relating to the separation of prisoners, but cannot be confined in a cell by day, by reason that he is required for some jail service, shall be confined in a cell by night.

Note 1. - Separation under paragraphs 571 to 575 is distinct from ``cellular'' confinement and ``separate'' confinement inflicted as a punishment under section 46 of the Prisons Act, and is restricted merely to the separation of individual prisoners either by day or night for purposes of jail management; such separation is not to have any irksome conditions attached to it.

Note 2. - Paragraphs 571 to 575 are of general application. If, in the opinion of the Superintendent, the presence of any convict in association with others, is detrimental to good order and discipline or is likely to encourage or lead to the commission of any offence, such convict should be kept separate, in preference to others of his class.

576. Separation to be as complete as possible. - Subject to the provisions of paragraph 569, the separation of the various classes of prisoners shall be carried out both by day and by night to the fullest extent the means available admit. If there are not a sufficient number of latrines, feeding and bathing platforms to keep the classes completely apart at parades, such arrangements for separation as are under the circumstances practicable, should be made.

Note :- The fact of a prisoner being P.R. or EP.R./T. shall make no difference in his classification or treatment while in jail.

(c) Rules Framed By The Local Government Under Section 60 of The Prisons Act, 1894 To Regulate The Classification and Treatment of Convicted and Undertrial Prisoners

Section I

Rules For The Classification of Convicted and Under-trial Prisoners

[576A. - (1) Convicted persons shall be divided into three classes, namely, A, B, and C. Class `A' will contain all prisoners who are -]

(a) non-habitual prisoners of good character,

(b) by social status, education and habit of life been accustomed to a superior mode of living, and

(i) offences involving elements of cruelty, moral degradation or personal greed;

(ii) serious or premeditated violence;

(iii) serious offences against property;

(iv) offences relating to the possession of explosives, firearms and other dangerous weapons with the object of committing an offence or of enabling an offence to be committed;

(v) abetment or incitement of offences falling within these sub- clauses.

(2) Class `B' will consist of prisoners who by social status, education or habit of the life have been accustomed to a superior mode of living. Habitual prisoners may be included in this class by order of the [Inspector-General of Prisons.]

(3) Class `C' will consist of prisoners who are not classified in classes A and B.

[2. In the case of classes A and B, the classifying authority will be the State Government and the Inspector-General of Prisons respectively. Class C will be classified by the trying courts but such a prisoner will have a right to apply for revision of classification.

Petitions for revision will have to be forwarded by the Superintendent of the Jail to the Inspector-General of Prisons who will pass final order in the case of Class B and will obtain orders of the State Government in the case of Class `A'.]

[3. All Courts recommending the classification of a prisoner within Class A or Class B will make a recommendation to that effect, attaching to the record, their recommendation, with their reasons for it, on a separate paper. All courts subordinate to the District Magistrate will forward their recommendation with the records to the District Magistrate. The District Magistrate and Session Judge will forward a recommendation with a copy of the judgment and classifying orders to the concerned classifying authority who will then communicate the final orders direct to the District Magistrate or Sessions Judge, as the case may be and send a copy of the order to the concerned Jail Officer for the information and compliance. In case convicting courts omit to classify convicted prisoners for better class treatment, the Superintendents of Jails may subject to the approval of Inspector-General of Prisons, Punjab classify them as Class B prisoners provided that such prisoners appear to fulfil the condition prescribed for better class prisoners.]

[3-A. In case of prisoners convicted by general summary general and district courts martial, the confirming authority, and in cases of persons convicted by the summary courts martial, the court will recommend to the [Classifying Authority], classification that should be given to such prisoners while undergoing their sentence in civil prisons. Such recommendation shall also be embodied in the warrants of commitment of the prisoners and till the order of the [Classifying Authority] confirming or reviewing such recommendation are received by the Superintendent of the Prison, the prisoner shall tentatively be treated as belonging to the class recommended by the confirming authority or the court, as the case may be.]

4. In making a recommendation for classification into either class, the recommending authority should whenever possible give the following details:-

(1) whether the prisoner has been classified as casual or habitual,

(2) the previous convictions of the prisoner, if any,

(3) the offence committed with the sentence inflicted,

(4) the social and financial status of the family. A useful indication is a reference to the social position of any near relatives, such as the holding of a post in Government service or following a learned profession or payment of land revenue or income-tax or other taxes,

(5) the profession of the prisoner,

(6) the income of the prisoner if he has any independently of that stated in (4), and,

(7) the educational qualifications of the prisoner, including examinations, if any, which he has passed,

if the recommending authority is of opinion that the statements of the prisoner on these points require verification it should make further inquiries from the District Magistrate or any other source, and it may either defer making the recommendation until it has received the information asked for or may make the recommendation on the materials available and state that the result of further inquiries will be submitted when received.

5. In cases in which there is disagreement between the convicting court and the District Magistrate as to the classification of any prisoner, the District Magistrate shall decide the class in which a convicted prisoner shall be kept, pending the receipt of the orders of the classifying Authority as to his final classification.

Note. - These rules do not apply to prisoners under sentence of death.

Section II

Under-trial Prisoners

[576B. Under-trial prisoners will be of two classes only, namely, (1) those who by social status, education or habit of life have been accustomed to a superior mode of living and (ii) other, that is to say, one class will correspond to class A and B of convicted prisoners, the other to class C. Before an under-trial prisoner is brought before a competent court, discretion is left to the officer in charge of Police Station. After he is brought before the court, he will be classified by that Court, subject to the revisional orders of the Chief Judicial Magistrate, if the order is passed by a Judicial Magistrate, the Sessions Judge if the order is passed by the Chief Judicial Magistrate, and the District Magistrate if the order is passed by an Executive Magistrate.]

Section III

Rules For Prisoners Admitted to Class A

576C. - 1. Accommodation - ``A'' class prisoners shall where such accommodation is available, be kept apart from other prisoners and be accommodated in cells or in association barracks specially set aside for them, provided that, except where this is imposed as a jail punishment, the imprisonment, shall in no case involve anything of the nature of separate confinement.

2. Furniture. - The same furniture shall be supplied to them as is supplied for class ``B'' prisoners, but they may supplement it by other articles within reasonable limits at their own costs. They will also be permitted to use their own electric table fans where facilities for these exist.

3. Bedding. - They shall be permitted to use their own bedding provided it is sterilized before it is brought into the jail.

4. Light. - They shall be allowed a lamp for reading up to 10 P.M.

5. Exercise. - They shall have such daily exercise in the open as the Medical Officer thinks proper for maintaining their bodily health.

6. Sanitary and bathing arrangements. - They shall be allowed reasonable facilities for bathing, latrines, etc., with due regard to the provision of privacy. The use of soap for cleansing their bodies and washing cleaning their clothes shall also be allowed on such scale as may be prescribed from time to time by the Local Government. The Superintendent of the Jail may, however, allow them the use of tooth brushes and tooth powder and such other toilet articles as may be necessary, for example, hair oil, hand-mirrors, combs, etc., within reasonable limits, provided such articles are provided by the prisoners themselves or their friends.

7. Hair cutting and shaving. - They shall be allowed to retain their hair and beards. The Jail Superintendent may allow them to shave once a day to use their own safety razors provided they are kept in the store and are not retained in possession of the prisoners.

8. Cooking arrangements. - Where there are several `A' class prisoners confined together, endeavour should be made to provide a separate cook house for them; where such prisoners are confined individually, they may be permitted to cook their own food subject to due safeguards and due performance of full task.

The same eating utensils shall be supplied to them as are supplied to class `B' prisoners, and if they so desire they shall be allowed to use their own eating utensils.

9. Diet. - The same diet shall be supplied to them as is supplied to class ``B'' prisoners. Prisoners allowed to cook their own food may be supplied with raw rations on the prescribed scale.

The diet may be supplemented with extra articles of food of a simple character, provided that the money for their purchase is deposited with the Jail Superintendent.

Alcohol, intoxicating drugs and articles of luxury are not allowed. They may be allowed to smoke, at their own expense two cigarettes or four biries after every morning and evening meal parade. The cigarette or biries as the case may be, must, of course, be smoked then and there and not kept to be smoked afterwards.

10. Clothing. - They may be allowed to wear their own clothing if they wish, otherwise, they shall be provided with the clothing prescribed for class `B' prisoners.

The wearing of political symbols such as the ``Gandhi cap'' and ``Black puggree'' are strictly prohibited.

11. Prison tasks. - The tasks shall be allotted with due regard to the capacity, character, previous mode of life and antecedents of the prisoners.

12. Facilities for reading. - They shall be subject to the same rules as regards reading as apply to class `B' prisoners, except that they may have six private books at a time instead of three and may also be allowed such daily newspapapers at their own costs as have been duly approved by Government.

13. Letters and interview. - They shall be allowed to write and receive one letter and have one interview weekly. On urgent occasions such as death or serious illness in a prisoner's family, this rule may be relaxed at the discretion of the Jail Superintendent. The number of persons who may visit a prisoner at any given time should be limited to two. The discussion of political questions shall not be allowed at these interviews. The subject- matter of all letters should be strictly limited to private affairs, and must not contain any reference to Jail Administration and discipline, other prisoners or politics.

Publication of matters discussed at interviews or of the substance of letters receive from prisoners shall entail the withdrawal or curtailment of their privilege.

14. Menial duties. - They shall not be required to perform menial duties nor to pay for having such duties done for them. These duties will be discharged by jail servants who must not be used by prisoners of `B' class as their personal servants.

15. Use of handcuffs and fetters. - They shall not be handcuffed or fettered, except by way of punishment or to prevent possible escapes or attacks on any members of the jail staff.

16. Punishments. - They shall be subject to the general rules regarding punishments, except that whipping shall only be inflicted with the previous sanction of the Governor in Council. All penalties inflicted by the Jail Superintendent shall immediately be reported to the Inspector-General.

In case of misbehaviour the Jail Superintendent may withdraw individual privileges, subject to the sanction of the Inspector-General when the period exceeds one month, but the power to remove a prisoner from this class vests in the Governor in Council only.

17. Discipline. - They shall at all times behave in an orderly way, but shall not be required to move in files nor sit in files at meals. They shall stand at attention in the presence of the Superintendent, Deputy Superintendent and Medical Officer and of all official and non-official Jails visitors. All loud talking, singing or quarrelling is prohibited, but out of working hours prisoners shall be permitted to converse quietly. In all other respects the prisoners shall be subject to the rules which apply to ordinary prisoners.

18. Transfers. - They shall be subject to the same rules as regards transfers as are applicable to class `B' prisoners.

Section IV

Rules For Prisoners Admitted to Class B

[576D. 1. Accommodation. - The prisoners shall where such accommodation is available be accommodated in cells or in association barracks specially set aside for them.]

They need not be kept separate from ordinarily prisoners in factories or, at times when they are not required to be in their cells or barracks.

2. (1) Furniture, etc. - Cells shall be supplied with :-

one takht posh or bed-stead, charpoy or cot, of size 6-1/2 X 3 feet,

one wooden stool,

one wooden teapoy,

one Hurricane lantern where there is no electric light,

one shelf, cupboard or box,

necessary washing and sanitary appliances.

Note. - The prisoners will if they so desire be permitted to use their own electric table fans where facilities for these exist.

(b) Association barracks shall be supplied with :-

one berth or cot per prisoner,

one large table with benches.

sufficient lamps to enable reading at the table, necessary light, sanitary appliances, latrines, bathing sheds in the enclosure and an electric ceiling fan wherever possible.

(2) Prisoners may also be supplied with mosquito nets if they ask for them and the Medical Officer certifies that it is necessary. Commodes shall also be supplied to those prisoners who are accustomed to their use and ask for them.

(3) Regarding exercise, bathing, washing, use of latrines, etc., they shall be treated in the same way as `A' class prisoners, except that they may be provided at Government expense with one tooth brush every three months and one small tin of tooth powder every two months. They shall be allowed to retain their hair and beards and to get themselves shaved by the jail barber.

4. The following eating utensils shall be supplied to each prisoner :-

One thali (metal),

two kauls (metal cups),

one tumbler (metal),

one lota,

one spoon.

5. Diet. - Superior diet shall be provided, the cost of which shall not exceed one Rupee & seventy five paise in accordance with the scales laid down by the Inspector-General so as to ensure an equally balanced ration.

A copy of the scales adopted shall be made available to jail visitors.

They may be allowed to smoke, at their own expenses, two cigarettes or four birries after every morning and evening meal parade. The cigarettes or biries must of course be smoked then and there and not kept to be smoked afterwards.

6. Clothing. - (a) The following clothing shall be supplied to male convicts:-

During all seasons

2 dhoties (for night use).

2 puggrees (light Garha cloth) or two sealed pattern caps.

1 pair country shoes.

2 bed sheets (dasuti).

1 Khaki cotton duree 6' X 3'.

2 pillow cases (dasuti), to be filled with cotton or grass.

2 towels.

1 parna (dasuti), 5 feet long.

2 kachhs (in the case of Sikhs only in place of two pairs of trousers, but if they wish to have trousers in addition to the Kachhs they may be supplied, provided that they meet the cost from their own pocket).

During summer

1 kurtas (dasuti) long (full sleeves).

2 pyjamas (dasuti) or dhoties (Light cloth).

1 blanket.

During winter

2 woollen coats with stand-up collars and full sleeves.

2 pairs woollen pyjamas.

2 flannel shirts.

2 cotton jangias (drawers).

2 pairs woollen socks.

3 blankets.

1 mattress (dasuti) Tulai.

(b) The following clothing should be supplied to female convicts :-

During all seasons

2 cotton dhoties (night dress) 5-1/2 yards long.

2 sharies 5-1/2 or 6 yards for bigger individuals (made of light cotton cloth, i.e., jail-made garth) (dhoties and Sharies must be at least 44" wide).

1 pair of chapli (made at Borstal Institution, Lahore).

2 bed sheets.

2 pillow cases.

2 petticoats, cotton.

During summer

4 cotton blouses or shirts.

6 napkins.

1 blanket.

4 cotton drawers.

During winter

2 woollen blouses or shirts, 2-1/2 yards each (cloth to be the same, viz., flannel, as issued for shirt of B class male prisoners).

2 woollen banians.

2 pairs woollen socks.

6 napkins.

4 blankets or one quilt.

2 pairs cotton drawers.

The length of the cotton chaddar and Dasuti coat for C class female convicts shall be 3 yards and one yard, respectively.

Note 1. - All cotton materials and woollen cloth will be made by the jails.

Note 2. - Soap on the following scale per week will be allowd to A and B class prisoners :-

For the body and hair	1 oz. (1/2 chk.) but if the prisoner is put to labour on a particular dirty task 1-1/2 oz. (3/4 chk.)
For clothes washing	2 Ozs.

7. Prison tasks. - Tasks shall be allotted with regard to the physique, character. Previous mode of life and antecedent of the prisoner.

8. Facilities for reading. - In addition to books from the Jail Library a prisoner may have up to three books or magazines at a time from private sources, provided that such books or magazines are not considered unsuitable by the Superintendent, who, if in doubt, shall consult the District Magistrate. Weekly newspapers in English or Vernacular shall be supplied from a list approved by the Government. These papers shall be examined by the Superintendent before issue to prisoners.

9. Light. - They shall be allowed a lamp for reading up to 10 p.m.

10. Letters and interviews. - They shall be allowed to write and receive one letter and have one interview weekly. On urgent occasions, such as death or serious illness in a prisoner's family, this rule may be relaxed at the discretion of the Superintendent. The number of persons who may visit a prisoner at any given time shall be limited to two. The discussion of political questions shall not be allowed and conversation shall be limited to private and domestic matters. Similarly the subject matter of all letters shall be limited to private affairs and must not contain any reference to Jail administration and discipline or to other prisoners or politics. Publication of matters discussed at interviews or of the substance of letters received from prisoners shall entail the withdrawal or curtailment of this privilege.

11. Menial duties. - They shall not be required to perform menial duties nor to pay for having such duties done for them. These duties will be discharged by Jail servants who must not be used by prisoners of the B class as their personal servants.

12. Use of handcuffs and fetters. - They shall not be handcuffed or fettered, except by way of punishment, or to prevent possible escapes or attacks on any member of the Jail staff.

13. Punishment. - They shall be subject to the general rules regarding punishments, except that whipping shall only be inflicted with the previous sanction of the Governor in Council. All penalties inflicted by the Jail Superintendent shall immediately be reported to the Inspector General. In cases of misbehaviour the Superintendent may withdraw individual privileges, subject to the sanction of the Inspector-General when the period exceeds one month, but the power to remove a prisoner from this class vests in the Governor in Council.

14. Discipline. - They shall at all times behave in an orderly way, but shall not be required to move in files or sit in files at meals. They shall stand at attention in the presence of the Superintendent, Deputy Superintendent, Assistant Superintendent, and Medical Officer and of all official and non-official Jail Visitors.

All loud talking, singing or quarrelling is prohibited, but out working hours prisoners shall be permitted to converse quietly. In all other respects the prisoners shall be subject to the rules which apply to ordinary prisoners.

15. Transfers. - (a) Accommodation. - Normally third class railway accommodation shall be provided, but where suitable 3rd class carriages with proper sanitary arrangements are not available inter-class accommodation shall be allowed. Prisoners may be allowed to travel by a higher class than 3rd class at their own expense if they wish to do so in which case they will be required to pay the difference in fares both for themselves and for their escorts.

They shall be conveyed by wheeled vehicle either motor or horse-drawn from the jail to the Railway Station and vice versa during such transfers. No prisoner shall be transferred from a jail in one district to a jail in another district by motor-car unless the previous consent of the Local Government has been obtained.

[(b) Diet - they shall be paid subsistence allowance at the following rates on their transfer from one Jail to another provided the journey exceeds 18 hours :]

(i) when the transfer is in the hilly areas - two rupees per head per day.

[(ii) when the transfer is in the plains - one rupees and seventy five paise per head per day.]

(c) Use of handcuffs. - Handcuffs shall only be used when necessary for requirements of safe custody.

Section V

Rules For The Treatment of Better Class Under- trial Prisoners

[576E. 1. Accommodation. - As far as possible they will be provided with accommodation superior to that provided for `C' class convicted prisoners.]

2. Diet. - They shall be allowed the same diet prescribed for `B' class prisoners, with a right to supplement it at their own expense provided the food so obtained is of a simple character and does not include alcohol, intoxicating drugs or articles of luxury.

3. Clothing. - Prisoners inadequately clad and who are unable to obtain clothing from outside will be provided with clothing distinguishable from `prison' clothing at Government expense.

4. Other concessions. - Subject to the discretion of the Jail Superintendent better class undertrial prisoners may be provided with ordinary furniture such as is allowed to `A' class prisoners. They will ordinarily be permitted to import books, magazines and newspapers subject to censorship by the Jail Superintendent, and allowed the use of a lamp up to 10 p.m. Their letters will be subjected to censorship in exactly the same way as those of ordinary under-trial prisoners.

Chapter XVIII

Discipline and Daily Routine

577. Removal from wards, lock-ups; strict discipline by day and night. - (1) Prisoners, other than those who may at any time be lawfully confined in cells by day and night, shall be removed from their sleeping wards, cells and other compartments, as soon after day-break as possible, and shall be placed in their proper sleeping wards and locked up for the night, before sunset.

(2) Prisoners shall be kept and shall remain under strict order, discipline and control both by day and night.

578. Movements how to be conducted. - All movements of prisoners shall be conducted in an orderly and regular manner, under strict control.

579. Power of Inspector-General to issue directions. - The Inspector- General may, in his discretion, from time to time, issue detailed direction as to the manner in which the order, discipline and control, prescribed in the preceding rules, are to be maintained.

580. Every prisoner to obey lawful orders. - Every prisoner shall obey every lawfull order issued to him by any officer of the jail or convict- officer of superior rank.

581. Unlocking wards and counting prisoners at day-break. - When the bell or gong is sounded at day-break, the convict-officers on duty inside the wards shall wake the prisoners and superintend the folding of the bedding. The blankets should be neatly rolled, with the folds showing evenly at the front and surrounded by the munj mat. The prisoners (each having arranged his bedding on his sleeping berth), shall then sit in double file down the centre of the ward. On the arrival of the Deputy Superintendent and Head-warders, the wards shall be opened, the prisoners marched out in pairs, searched, counted and their numbers checked with the entries in the lock-up register.

582. Latrine parade after wards are opened. - When the prisoners have been counted and searched, they shall be marched to the latrine, near which they shall sit in file and those who wish to do so shall be allowed to relieve themselves in turn. During this parade, those prisoners who express a wish to receive or need medical treatment, shall be made to sit apart from the others and shall be inspected and treated; if necessary, by the Medical Subordinate. Any prisoner who appears to be ill shall be sent to hospital at once.

583. Latrine accommodation; time to be allowed. Parade to be regulated. - (1) Every prisoner shall be allowed to remain 10 minutes in the latrine or such longer time as may be necessary. Every latrine should contain accommodation in the proportion of one seat to every six prisoners for whose use it is intended, and the washing place contiguous to each latrine should have one compartment to every four latrine seats.

(2) The latrine parades shall be regulated by the warder in charge, and only as many prisoners allowed to enter at a time as there are vacant seats.

584. Procedure after the morning latrine parade. - On the completion of the latrine parade, the prisoners shall be marched to the feeding platform for the morning meal where the procedure described in paragraph 591 shall be followed.

585. Prisoners' movements to be directed arrangement in pairs. - Whenever prisoners are marched from one part of the jail to another or are sitting or standing in gangs, except when at meals or at work or when paraded for inspection, they shall be arranged in files of pairs and shall rise, move forward, stop or sit down at the word of command or signal. At parades the signal shall usually be the stroke of a bell or gong and the movement shall be carried out simultaneously in all parts of the jail.

586. Prisoners to salute at word of command. - Prisoners shall be required to salute the Deputy Superintendent, at the word or command of the officer in whose charge they are, are follows :-

``Halt'' - to stand still if marching.

``Rise'' - to rise from the sitting position.

``Attention'' - to stop work if working.

When it is desired to conclude the salute the following words shall be used:-

``March'' - to move forward.

``Sit'' - to assume the sitting position.

``Work'' - to resume work.

587. Arrangement in gangs and march to work. - On the completion of the early morning meal, the prisoners shall be allowed to wash their hands and feeding vessels, and thereafter shall be arranged in gangs according to the gang roll. Each gang shall be made over to its responsible officer and marched to its working place.

588. Arrangement of spare clothing at work. - Every prisoner shall at all times carry his complete kit (except second suit, bedding and blankets not in use) with him. At the working places each prisoner shall carefully fold and arrange his spare clothing in line with that of others and in front of it place his iron plate and cup.

Note (1) - Head warders should be held responsible that no article but the bedding and blankets not in use are left in the wards after the prisoners have vacated them.

Note (2) - The second suit shall be kept in a locked receptacle provided for the purpose in the barrack.

589. Prisoners to be locked in work-sheds. - The gate of every work-shed provided with a gate shall be kept locked after the prisoners have entered, and the key shall be kept by the officer in charge of the gang, or, if there is more than one gang, by the senior officer, who shall be held responsible that no prisoner passes into or out of the work-shed without proper permission.

590. Access to a urinal and latrine at all hours. - Every prisoner shall have access to a urinal and latrine at all hours, but any prisoner who uses the latrine out of hours shall be reported to the Medical Subordinate, who shall, if the visits have been frequent, place the prisoner under observation in a cell, and if there is reason to believe that he has visited the latrine unnecessarily report the irregularity. In the case of newly convicted prisoners some latitude should be allowed in the enforcement of this measure.

591. Details of the bathing and food parade. - When the bell for the morning and evening parades rings, the following events shall take place in sequence :-

(1) After the latrine parade is over each prisoner shall take up his cup and plate.

(2) The prisoners shall be marched in double file to the feeding platform of the ward in which they are located at night. Here the double file shall separate so that a single row of prisoners comes opposite each platform, on which they shall deposit their plates.

(3) The prisoners now re-form double file, march to and halt near the bathing platform.

(4) Each prisoner shall divest himself of his clothes, place them to the right or left according as he is on the right or left of the file, put on his bathing cloth and take up his cup.

(5) The prisoners shall then be marched on to the bathing platform in double file the pairs dividing so as to form single file on each side of the reservoir.

(6) Orders shall be given in succession to bathe, stand up and march back to where the clothing is, the rear file leading so that each prisoner comes again opposite his own clothes where he shall halt.

(7) The prisoners having dried themselves and put on their clothes, shall be marched to the feeding places where in the meantime the cooks will have distributed the proper amount of food into every plate.

(8) At the feeding platform the prisoners shall again separate into two files, a file at each platform when each man arrives opposite his own plate he shall halt.

(9) The prisoners shall, with the exception of any one who has a complaint to make about his food, be ordered to sit down.

(10) Any prisoner who remains standing shall be separated, and those who have no complaint to make given the signal to eat.

(11) The Head-warder shall enquire as to the cause of complaint of any prisoner concerning his food. If the complaint is of short distribution, he shall have the ration weighed there and then, and if the quantity is short, have the deficiency supplied and report the defaulting cook to the Deputy Superintendent.

(12) If the complaint is of bad quality or bad cooking, the Head- warder shall retain a sample of the food for examination by the Deputy Superintendent, who shall make such further enquiry regarding the complaint as may be necessary and report the circumstances to the Superintendent on first opportunity.

(13) When the meal is finished the prisoners shall, at the word of command, stand up together, form double file and march to the bathing platform, at the end of which shall be placed two tubs into which each prisoner shall, as he files past, throw any refuse food left on his plate. At the platform they shall wash their plates, hands and mouths.

(14) On the completion of the food parade in the morning the prisoners shall be marched to the place, where their distribution into working gangs is to take place. At this time the Deputy Superintendent shall make any alterations in the gangs that may be necessary and record the same or cause them to be recorded in the gang books.

(15) The same procedure shall be followed in conducting the evening meal parade.

(16) The cooks who were employed for distributing the food when the bathing parade was in progress, shall, at some convenient time, be taken to the bathing platform to wash themselves.

These parades should be carried on simultaneously in all parts of the jail and completed within an hour, that is, before the time arrives for distribution of prisoners into gangs. In Jails where the arrangement, number or construction of latrines, feeding and bathing platforms is defective, the Superintendent must follow the instructions as closely as the means at his disposal permit.

592. Work resumed in the afternoon, cessation of work for the day. - When the work-bell sounds in the morning the gangs shall be marched to their work places, deposit their spare clothing, plates and cups as before described and resume work until the evening bell rings for its cessation. Each prisoners shall then take up his clothing, &c., and the gangs shall march to their respective wards or appointed place, to be counted and compared with the gang-books. They shall then perform the feeding and latrine parades as in the morning. If necessary, the gang shall then be broken up, rearranged and marched to their sleeping wards, where they shall sit in double file till counted and locked up. As far as practicable prisoners who work together shall occupy the same ward.

593. Prisoners outside to be brought in for their mid-day ration. - The mid- day ration of gram shall be distributed to the prisoners wherever they may be at work. All prisoners outside the jail, except those working at a considerable distance and for whom special arrangements for the conveyance of food are made, shall be brought inside the Jail to receive the ration.

594. Prisoners not the leave their berths. - No prisoner shall be allowed to leave his sleeping berth for any purpose, without first obtaining the permission of the convict-officer on duty, or to sit or lie on any other prisoner's berth.

595. Disposition of prisoners on parade. - At the Superintendent's weekly inspection, the prisoners shall be paraded in single file. Before each prisoner shall be arranged in order his spare suit, munj or Bhabbar mat, blankets, cup, plate and history-ticket. All convict-officers and prisoners losing weight shall be paraded separately. On the arrival of the Superintendent the prisoners shall at the word of command stand up, take off their caps and take up their history-tickets. The history-ticket should be held open in the left hand in front of the chest. The right arm and hand should be extended down the right side, palm inwards.

596. Prisoners not to leave their places to make complaints. - No prisoner shall leave his place at any time to make any representation to the Superintendent or Deputy Superintendent, but he may, if the representation is an urgent one, such as a complaint of assault or ill-treatment or the like, represent the matter to the Deputy Superintendent or Superintendent when these officers are doing their rounds. Any prisoner wishing to appeal shall, if the matter be urgent, be brought by the Deputy Superintendent before the Superintendent, but minor complaints and petitions should, as a rule, await the Superintendent's weekly parade.

597. Prisoners to be instructed what to do and what to avoid. - Every prisoner shall be -

(a) instructed as to the course he is to pursue on the occasion of a riot, disturbance or whenever the alarm is sounded;

(b) informed of his liability to be fired on if he joins in any riot or disturbance, or attempts to escape or refuses or neglects to pursue the course laid down for his guidance, and.

598. Prisioners to wash their clothings weekl. - In those jails where no Central Laundry system exists all prisoners shall wash their cotton clothing on the day preceding the Superintendent's weekly parade. In some convenient position, a vessel filled with solution of Soda ash and Country soap shall be placed. Into this solution each prisoner, as he passes in file, shall dip his clothes, and then proceed to the washing place to scrub and cleanse them. When necessary, the Superintendent may detail prisoners to boil and wash blankets, woollen coats and bedding, a special boiler being provided for the purpose. Where there is a Central Laundry, the soiled clothing will be collected weekly and handed over to the dhobi staff for washing.

[Note - The strength of solution 1/4 chk. of soda ash and 1/2 chk. of country soap to 70 parts of water. 1/4 of chk. of soda ash and 1/2 chk. of country soap per prisoner per week and 25 seers firewood for 100 prisoners per week are allowed.]

599. Disposal of prisoners on non-working days. - Prisoners may, on the days they are exempt from labour, be either locked up in their wards or, if the weather is favourable be allowed to sit in file in the yards and take walking exercise in gangs for an hour in the morning and an hour in the afternoon.

[600. Matters affecting caste or religion. - (1) No undue interference with the religion or caste prejudices of prisoners shall be permitted.

(2) Every prisoner shall be allowed to perform his devotions, in a quiet and orderly manner, during the mid-day rest and when locket up for the night.

(3) No gathering together of prisoners for the purpose of performing any caste ceremony or religious function shall, under any circumstances, be permitted.

(4) Mohammadan prisoners, other than those placed in hospital or in any convalescent or special gang, who may express a desire to be allowed to keep the fast of Ramzan, shall be permitted to do so :

Provided that the Medical Officer may, in the case of any prisoner, if he is of opinion that the continuance of the fast by such prisoner is likely to be injurious or dangerous to health, direct its discontinuance.

Note - Prisoners shall, while keeping the fast, receive the whole of their daily rations at the evening meal, and shall be permitted to take such rations into and to retain the whole or any portion thereof in their wards, cells or other compartments, for consumption of the following morning.

(5) When a Superintendent feels any doubt as to the validity of any plea advanced by a prisoner on grounds of caste or religion, he should refer the matter for the orders of the Inspector-General, whose decision shall be final.]

601. Rules regarding the cutting of hair. Exception. - (1) The hair of every convict sentenced to rigorous or simple imprisonment, and of every under-trial prisoner shall be trimmed only to such extent, and at such times as may be necessary for the purposes of securing health and cleanliness.

(2) Those prisoners who were accustomed to shave their faces before admissions to jail may be shaved in jail.

Provided that prisoners who are -

(a) Sikhs shall not have their hair cut or removed in any way.

(b) Hindus shall be allowed to retain the choti or top-knot.

(c) Members of the Police force imprisoned under section 29 of the Act V of 1861, for mere departmental offences shall not have their hair cut or removed in any way.

(d) Biluchis shall not, while confined in the Dera Ghazi Khan Jail, have their hair cut or removed in any way, and,

(e) females shall not have their hair cut or removed in any way,

(f) Muhammandans who object on religious grounds to their beards being closely clipped shall be allowed to have their beards trimmed to a length of approximately 3 inches. If, however, the beard is filthy or verminous or skin disease is present, it shall be closely clipped :

Provided further, that the hair of a convict shall not, without his consent, be cut at any time within thirty days of the date on which he is entitled to be released.

[Note 1 - (a) All prisoners who are permitted to grow their hair long should be allowed 11 chatak mustard oil and one chatak soapnuts per head once a week. If desired by a prisoner x chatak country washing soap may be issued in place of 1 chatak soapnuts. They shall, however, be permitted to supplement the above quantity at their own expense.]

(b) Should they so desire, all other prisoners shall be allowed soap and oil for sanitary purposes at their own expense out of their private cash property or through their friends or relatives.

[2. A depilatory powder consisting of Barium Sulphide 1 part; zinc Oxide 1 part and starch 2 parts are made into a paste may be issued to prisoners requiring it to remove hair from armpits, etc.]

602. Privileged exemptions from the operation of the preceding rule. - (1) Any prisoner who is, under the preceding rule, exempted from the liability of having his hair cut, may at his own request, and with the permission of the Superintendent to be recorded on his history-ticket, have his hair cut or removed.

(2) No convict-officer shall be compelled to have his hair cut more than is, in the opinion of the Superintendent, necessary for the purpose of keeping him in a state of proper cleanliness.

(3) Prisoners who are more than forty-five years of age, may, on the recommendation of the Medical Officer, be permitted to grow their hair to the extent necessary for the maintenance of their health.

603. Penalty for introducing or removing prohibited articles and communicating with prisoners. - Whoever, contrary to any rule under section 60 of the Prisons Act, introduces or removes, or attempts by any means whatever to introduce or remove, into or from any prison, or supplies or attempts to supply to any prisoner outside the limits of a prison any prohibited articles and every officer of a prison who, contrary to any such rule knowingly suffers any such article to be introduced into or removed from any prison to be possessed by any prisoner or to be supplied to any prisoner outside the limits of a prison, and whoever, contrary to any, such rule, communicates or attempts to communicate with any prisoner, and whoever abets any offence made punishable by this section, shall, on conviction before a Magistrate, be liable to imprisonment for a term not exceeding six months or to fine not exceeding two hundred rupees, or to both

604. Power to arrest for offence under section 42. - When any prisoner, in the presence of any officer of a prison, commits any offence specified in the last foregoing section, and refuses on demand of such officer to state his name and residence, or gives a name and residence which such officer knows or has reason to believe to be false, such officer may arrest him, and shall without unnecessary delay make him over to a Police-officer, and thereupon such Police-officer shall proceed as if the offence had been committed in his presence.

605. Publication of penalties. - The Superintendent shall cause to be affixed, in a conspicuous place outside the prison, a notice in English and the Vernacular setting forth the acts prohibited under section 42 of the Prisons Act and the penalties incurred by their commission.

606. List of prohibited articles. - The articles specified or included in any of the descriptions contained in the list annexed to this rule, shall be deemed to be prohibited articles, within the meaning of section 42 and clause (12) of section 45 of the Prisons Act, 1894, unless any such article shall be -

(a) introduced into any Jail,

(b) removed from any Jail,

(d) received, possessed or transferred by any prisoner.

with the permission of the Superintendent or other officer empowered by him in this behalf.

List of prohibited articles

(1) Spirituous liquors of every description.

(2) Tobacco and all other substances whatsoever which are or may be intended to be used for the purpose of smoking, chewing or snuffing, and all instruments and appliances whatsoever, which may be used for or in connection with smoking, chewing or snuffing.

(3) All explosive, intoxicating or poisonous substances, and chemicals whether fluid or solid, of whatever description.

(4) All arms and weapons and articles which are capable of being used as weapons, of whatever description.

(5) All bullion, metal, coin, jewellery, ornaments, currency notes, securities and articles of value of every description.

(6) All books, paper and printed or written matter and materials and appliances for printing or writing of whatever description.

(7) String, rope, chains and all materials, which are capable of being converted into string or rope or chains, of whatever description.

(8) Wood, bricks, stones and earth of every description.

607. Further rule defining and regulating prohibited articles. - Every article, of whatever description, shall be deemed to be a prohibited article within the meaning of section 42 and clause (12) of section 45 of the Prisons Act, in the case of -

(1) A prisoner - if introduced into or removed from any jail, or received, possessed or transferred by such prisoner, and such article has -

(a) not been issued for his personal use from jail stores or supplies, under proper authority,

(b) been so issued, if possessed or used at a time or place other than such as is authorised, or,

(2) A jail-official - if introduced into or removed from any jail or supplied to any prisoner and such article -

(a) has not been issued or sanctioned, for his personal use by proper authority;

(b) is not an article of clothing necessary for his personal wear; or

(c) has not been placed in his possession by proper authority for introduction into or removal from the jail or for the purpose of being supplied to any prisoner.

(3) A visitor - if introduced into or removed from any jail, or supplied to any prisoner and such article -

(a) is not required for his personal use while within the jail and has not been declared by him before entering the jail, and the introduction into or removal from the jail, or possession, of which while in the jail, has not been permitted by proper authority;

(b) is introduced, with or without authority, and is not retained in his possession until he has left the jail premises; or

(4) Any other person - if introduced into or removed from any jail, or supplied to any prisoner, whether within or without the jail.

[607A. Outsiders not to communicate with prisoners. - No person other than a visitor, official or inmate of a prison acting in pursuance of his privilege or duty as such visitor, official or inmate shall communicate or attempt to communicate with any prisoner.]

Chapter XIX

Offences and Punishments

(a) Offences

608. Acts declared to be prison offences by Act IX, 1894. - The following acts are declared to be prison-offences when committed by a prisoner -

(1) such wilful disobedience to any regulation of the prison, as shall have been declared by rules made under section 59 to be a prison offence,

(2) any assault or use of criminal force,

(3) the use of insulting or threatening language,

(4) immoral or indecent or disorderly behaviour,

(5) wilfully disabling himself from labour,

(6) contumaciously refusing to work,

(7) filing, cutting, altering or removing handcuffs, fetters or bars without due authority,

(8) wilful idleness or negligence at work by any prisoner sentenced to rigorous imprisonment,

(9) wilful mismanagement of work by any prisoner sentenced to rigorous imprisonment,

(10) wilful damage to prison-property,

(11) tampering with or defacing history-tickets, records or documents,

(12) receiving, possessing or transferring any prohibited article,

(13) feigning illness,

(14) wilfully bringing a false accusation against any officer or prisoner,

(15) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, and plot or conspiracy, any escape, attempt or preparation to escape, and any attack or preparation for attack upon any prisoner or prison official and,

(16) conspiring to escape, or to assist in escaping, or to commit any other of the offences aforesaid.

[609. Acts declared to be prison-offence by rule made under Act, IX, 1894. - The following acts are forbidden and every prisoner who wilfully commits any of the following acts shall be deemed to have wholly disobeyed the regulations of the prison and to have committed a prison-offence within the meaning of section 45 (1) of the Prisons Act -]

[(1) talking when at file or at unlocking or at latrine, bathing or other parades, or at any time when ordered by an officer of the prison to desist, and singing, loud laughing and loud talking at any time;]

(2) quarrelling with any other prisoner;

(3) secreting any article whatever;

(4) showing disrespect to any jail officer or visitor;

(5) making groundless complaints;

(6) answering untruthfully any question put by an officer of the prison or a visitor.

609. (6) Furlough/parole By False Statement Is A Jail Offence. - A prisoner can be given parole/furlough because of the reasons mentioned under S. 3 of Good Conduct Prisoners Temporary Release Act, 1952. If any prisoner tries to get furlough/parole by making false statement then that should be considered a Jail offence under para 609 (6) of Punjab Jail Manual and the prisoner stands to be punished under para 612/613 of Punjab Jail Manual.

[For agricultural purpose the parole should not be recommended less that six weeks.]

(7) holding any communication (in writing, by word of mouth or otherwise) with an outsider, with a prisoner of the opposite sex, civil or under-trial prisoner or a prisoner of a different class in disobedience of the regulations of the prison;

(8) abetting the commission of any prison-offence;

(9) omitting to assist in the maintenance of discipline by reporting any prison-offence, or to give assistance to an officer of the prison when called on to do so;

(10) doing any act or using any language calculated to wound or offend the feelings and prejudices of a fellow prisoner;

(11) doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers of the prison,

(12) leaving without permission of an officer of the prison the gang to which he is attached, or the part of the prison in which he is confined;

(13) leaving without permission of an officer of the prison, the ward, the yard, the place, in file, the seat or berth assigned to him;

(14) loitering about the yards, or lingering in the wards when these are open;

(15) omitting or refusing to march in file when moving about the prisons;

(16) visiting the latrines or bathing platforms except at stated hours or without permission of an officer of the prison, or resorting unnecessarily to the night latrine, or omitting or refusing to employ dry earth in the manner directed by the prison regulations;

(17) refusing to eat the food prescribed by the prison diet scale;

(18) eating or appropriating any food not assigned to him or taking from or adding to, the portions assigned to the prisoners;

(19) removing without permission of an officer of the prison food from the cook-room or godowns or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink;

(20) wilfully destroying food, or throwing it away without orders;

(21) introducing into food or drink anything likely to render it unpalatable or unwholesome;

(22) omitting or refusing to wear the clothing given to him or exchanging any portion of it for the clothing of other prisoners or losing, discarding, damaging or altering any part of it;

(23) removing, defacing, or altering any distinctive number, mark or badge attached to, or worn on, the clothing or person;

(24) omitting or refusing to keep the person clean or disobeying any order regulating the cutting of hair or nails;

(25) omitting or refusing to keep clean his clothing, blankets, bedding, fetters, iron cups or platters, or neck tickets or other identification token, or disobeying any order as to the arrangement or disposition of such article;

(26) tampering in any way with prison locks, lamps or lights or other property with which he has no concern;

(27) stealing the prison clothing or any part of the prison kit of any other prisoner;

(28) committing a nuisance in any part of the prison;

(29) spitting on or otherwise soiling any floor, door, wall, or other part of the prison building or any article in the prison;

(30) wilfully befouling the wells, latrines, washing or bathing places;

(31) damaging the trees and vegetables in the garden of the jail, or maltreating the prison cattles;

(32) omitting or refusing to take due care of all prison property entrusted to him;

(33) omitting or refusing to take due care of or injuring, destroying or misappropriating, the material and implements entrusted to him for work;

(34) omitting to report at once any loss, breakage or injury which he may accidentally have caused to prison property or implements;

(35) manufacturing any article without the knowledge or permission of an officer of the prison;

(36) performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task;

(37) appropriating any portion of the task performed by another prison;

(38) mixing or adding any foreign substance to the materials issued for work;

(39) wilfully causing to himself any illness, injury or disability;

(40) causing, or omitting to assist in suppressing, violence or insubordination of any kind;

(41) taking part in any attack upon any prisoner or officer of the prison;

(42) omitting or refusing to help any officer of the prison in case of an attempted escape or of an attack upon such officer or upon another prisoner;

(43) disobeying any lawful order or an officer of the prison or omitting or refusing to perform duties in the manner prescribed.

[610. Reference to Magistrate. - When in the opinion of the Superintendent any of the following offences are established against any prisoner, he shall refer the case to the Magistrate exercising jurisdiction for enquiry in accordance with the Code of Criminal Procedure, 1898:-]

(1) offences punishable under sections 147, 148 and 152 of the Indian Penal Code;

(2) offences punishable under sections 222, 223 and 224 of the Indian Penal Code;

(3) offences punishable under section 304-A, 309, 325 and 326 of the Indian Penal Code; and

(4) any offence triable exclusively by the Court of Session.

Note - The offences specified in the above paragraph are :-

Section 147 - rioting;

Section 148 - rioting armed with a deadly weapon;

Section 152 - assaulting or obstructing or using criminal force to a public servant, when suppressing riot or threatening or attempting to do so;

Section 222 - intentional omission to apprehend on the part of a public servant, or intentionally aiding or suffering to escape any person lawfully committed to custody;

Section 223 - escape negligently suffered by a public servant;

Section 224 - resistance or obstruction to lawful apprehension or escape or attempt to escape from lawful custody;

Section 304-A - causing death by a rash or negligence act;

Section 309 - attempt to commit suicide;

Section 325 - voluntarily causing grievous hurt; and

Section 326 - voluntarily causing grievous hurt by dangerous weapons or means.

[611. Powers of Superintendent. - It shall be in the discretion of the Superintendent to determine with respect to any other act which constitutes both a prison-offence and an offence under the Indian Penal Code, whether he will use his own powers of punishment or move the Magistrate exercising jurisdiction to enquire into in accordance with the code of Criminal Procedure.]

(b) Punishments

612. Punishment of such offences. - The Superintendent may examine any person touching any such offence, and determine thereupon, and punish such offence by -

(1) a formal warning;

Explanation. - A formal warning shall mean a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and on the prisoner's history-ticket;

(2) change of labour to some more irksome or severe form for such period as may be prescribed by rules made by the Governor-General in Council;

(3) hard labour for a period not exceeding seven days in the case of convicted criminal prisoners not sentenced to rigorous imprisonment;

(4) such loss of privileges admissible under the remission system for the time being in force as may be prescribed by rules made by the Governor-General in Council;

(5) the substitution of gunny or other coarse fabric for clothing of other material not being woollen, for a period which shall not exceed three months;

(6) imposition of handcuffs of such pattern and weight in such manner and for such period, as may be prescribed by rules made by the Governor-General in Council;

(7) imposition of fetters of such pattern and weight, in such manner and for such period, as may be prescribed by rules made by the Governor-General in Council;

(8) separate confinement for any period not exceeding three months;

Explanation - Separate confinement means such confinement with or without labour as secludes a prisoner from communication with, but not from sight of, other prisoners, and allows him not less than one hour's exercise per diem and to have his meals in association with one or more other prisoners;

(9) penal diet, - that is restriction of diet in such manner and subject to such condition regarding labour as may be prescribed by the Local Government : Provided that such restriction of diet shall in no case be applied to a prisoner for more than ninety six consecutive hours, and shall not be repeated except for a fresh offence nor until after an interval of one week;

(10) cellular confinement for any period not exceeding fourteen days : Provided that after each period of cellular confinement and interval of not less duration than such period must elapse before the prisoner is again sentenced to cellular or solitary confinement.

Explanation - Cellular confinement means such confinement with or without labour as entirely secudes a prisoner from communication with, but not from sight of, other prisoners,

(11) penal diet as defined in clause (9) combined with cellular confinement;

(12) whipping provided that the number of stripes shall not exceed thirty in the case of prisoners of or over 16 years of age, and 15 in the case of juvenile offenders :

Provided that nothing in the section shall render any female or civil prisoner liable to the imposition of any form of handcuffs or fetters, or to whipping.

[613. Loss of privileges under the remission system. - For a prison offence any one of the following punishments involving loss of privileges admissible under the remission system may be awarded :-]

(a) Forfeiture of remission earned.

(b) Temporary forfeiture of class, grade or prison privileges.

(d) Temporary or permanent exclusion from the remission system;

Provided that -

No order directing the forfeiture of remission in excess of twelve days or the exclusion of a prisoner from the remission system for a period exceeding three months shall take effect without the previous sanction of the Inspector-General.

[614. Description of handcuffs. - Handcuffs imposed by way of punishment for prison-offences shall be iron bar-handcuffs weighing, with lock, not more than 2 lb. each, or swivel with spring-catch handcuffs weighing not more than 1 lb. each, or chain handcuffs weighing not more than 1 lb. each.]

[615. Imposition of handcuffs. - Handcuffs may be imposed] -

(a) on the wrists in front, by day or night for a period of not more than twelve hours at a time, with intervals of not less than twelve hours between each period, and for not more than four consecutive days or nights;

(b) on the wrists behind, by day only for a period of not more than six hours in any day of twenty-four hours, and for not more than four consecutive days;

(c) by attaching the handcuffs affixed on the prisoner's wrists to a staple in front of the prisoner by day for not more than four consecutive days and for not more than six hours on each day with an interval of at least one hour after the handcuffs have been so attached for three hours :

Provided that such staples shall not be higher than the prisoner's shoulders, nor lower than his waist, and then no prisoner shall be attached by handcuffs to a staple except in the presence of other prisoners :

Provided further that the punishment referred to in clause (c) shall not be executed until the prisoner to whom the punishment has been awarded has been examined by the Medical Officer and pronounced to be fit to undergo the punishment.

Provided also that this punishment shall be restricted to cases where the prisoner has been guilty of repeated and wilful violations of any prison rule, and where, in fact, his conduct is evidently due to contumacy.

616. Shelter from the sun. - A prisoner while undergoing punishment in handcuffs shall be under complete shelter from the sun.

617. Description of fetters. - The following classes of fetters may be used in prisons :-

(a) Link-fetters composed of a chain and ankle-rings. The total weight of such fetters including the ankle-rings shall not exceed 3 lbs., and the chain shall be not less than two feet in length.

(b) Bar-fetters composed of two bars joined together by a link and attached to ankle-rings. The total weight of such fetters including the ankle-rings, shall not exceed 5 lb. and each bar shall be not less than twenty inches in length.

(c) Cross-bar fetters composed of single bar for the purpose of keeping the legs apart and of ankle-rings. The total weight of such fetters, including ankle-rings, shall not exceed 2-1/2 lbs. The length of the bar shall not exceed sixteen inches in the case of men who are not less than five feet six inches in height, or fourteen inches in the case of men below this height.

[618. Period for which fetters may be imposed. - The maximum period for which fetters may be continuously imposed shall be -]

(a) in the case of linked fetters, three months;

(b) in the case of bar-fetters, three months; and

A period of at least ten days must elapse after fetters of any kind have been imposed as a punishment for a prison-offence, before they can again imposed as a punishment for another prison-offence, whether of the same kind or not.

[Note - Punishment fetters should be removed when a convict wearing the same is to be produced in court.]

619. Scale of penal diet. - Penal diet shall consist of a daily ration of eight chittaks of flour with one-eight of a chittak of salt, made into porridge and served in two meals.

620. Conditions regarding labour while on penal diet. - No prisoner shall, while placed on penal diet, be required to undergo hard or medium labour, respectively (as prescribed in the rules in that behalf).

621. Restriction to whipping. - (1) The punishment of whipping must be reserved for serious offences and whenever the offence committed is so serious as to merit a whipping, the punishment inflicted should be severe enough to act as a real deterrent. The number of stripes should never be less than 15, in case the Medical Officer certifies that a convict is unable to bear this number, some other form of punishment should be inflicted.

(2) The punishment of whipping shall be inflicted only for mutiny or for conduct seriously affecting the discipline of the prison or for incitement thereto, for serious assaults on any public servant or visitor or after other punishments have failed for other offences of a specially grave nature.

(3) A special report, based on the record required by section 51 of the Prisons Act, 1894, to be made in the punishment book on every case in which whipping has been inflicted, shall be promptly submitted to the Inspector- General of Prisons by the Superintendent of the Jail.

(4) The punishment of whipping shall not be inflicted on special class prisoners except with the permission of the Local Government.

622. Plurality of punishments under section 46. - (1) Any two of the punishments enumerated in paragraph 612 may be awarded for any such offence in combination, subject to the following exceptions, namely :

(1) formal warning shall not be combined with any other punishment except loss of privileges under clause (4) of paragraph 612;

(2) penal diet shall not be combined with change of labour under clause (2) of paragraph 612, nor shall any additional period of penal diet awarded singly be combined with any period any penal diet awarded in combination with cellular confinement;

(3) cellular confinement shall not be combined with separate confinement so as to prolong the total period of seclusion to which the prisoner shall be liable;

(4) whipping shall not be combined with any other form of punishment except cellular or separate confinement and loss of privileges admissible under the remission system;

(5) no punishment shall be combined with any other punishment in contravention of rules made by Governor-General in Council.

[Note - Two forms of punishment only can be combined under this paragraph.

(2) No punishment shall be awarded for any such offences so as to combine with the punishment awarded for any other such offence two of the punishments which may not be awarded in combination for such offence.]

623. Award of punishments under sections 46 and 47. - The Superintendent shall have power to award any of the punishments enumerated in paragraphs 612 and 622, subject in the case of separate confinement for a period exceeding one month, to the previous confinement for a period exceeding one month, to the previous confirmation of the Inspector-General.

(2) No office subordinate to the Superintendent shall have power to award any punishment whatever.

624. Punishments to be in accordance with foregoing sections. - Except by order of a Court of Justice no punishment other than the punishments specified in paragraphs 612, 622 and 623 shall be inflicted on any prisoner otherwise than in accordance with the provisions of those paragraphs.

625. Medical Officer to certify fitness of prisoner for punishment. - (1) No punishment of penal diet either singly or in combination, or of whipping, or of a change of labour under section 46, clause (2) of the Prisons Act, 1894, shall be executed until the prisoner to whom such punishment has been awarded has been examined by the Medical Officer, who, if he considers the prisoner fit to undergo the punishment, shall certify accordingly, in the appropriate column of the punishment-book prescribed in section 12 of the Prisons Act, 1894.

(2) If he considers the prisoner unfit to undergo the punishment, he shall in like manner record his opinion in writing and shall state whether the prisoner is absolutely unfit for punishment of the kind awarded, or whether he considers any modification necessary.

(3) In the latter case he shall state what extent of punishment, he thinks the prisoner can undergo without injury to his health.

626. Entries is punishment-book. - (1) In the punishment-book prescribed in section 12 of the Prisons Act, 1894, there shall be recorded, in respect of every punishment inflicted the prisoner's name, register number and the class (whether habitual or not) to which he belongs, the prison offence of which he was guilty, the date on which such prison offence was committed, the number of previous prison-offences recorded against the prisoner and the date of his last prison-offence, the punishment awarded, and the date of infliction.

(2) In the case of every serious prison-offence, the name of the witnesses proving the offence shall be recorded, and, in the case of offence for which whipping is awarded, the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner, and the finding with the reasons therefor.

(3) Against the entries relating to each punishment the Deputy Superintendent and Superintendent shall affix their initials as evidence of the correctness of the entries.

627. Procedure on committal of heinous offence. - If any prisoner is guilty of any offence against prison-discipline which by reason of his having frequently committed such offences or otherwise, in the opinion of the Superintendent, is not adequately punishable by the infliction of any punishment which he has power under this Act, to award, the Superintendent may forward such prisoner to the Court of the District Magistrate or of any Magistrate of the first class having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon inquire into and try the charge so brought against the prisoner and upon conviction, may sentence him to imprisonment which may extend to one year such term to be in addition to any term for which such prisoner was under-going imprisonment when he committed such offence, or may sentence him to any of the punishments enumerated in section 46 of the Prisons Act :

Provided that the District Magistrate may transfer the case for inquiry and trial to any Magistrate of the first class; and

Provided also that no person shall be punished twice for the same offence.

628. Whipping, how to be inflicted. - (1) No punishment of whipping shall be inflicted in instalments or except in the presence of the Superintendent and Medical Officer or Medical Subordinate.

(2) Whipping shall be inflicted on the buttocks, with a ratan not exceeding the legal minimum of half an inch diameter, and in case of prisoners under sixteen years of age it shall be inflicted, in the way of school discipline, with a still lighter ratan.

(3) In the case of persons of or over sixteen years of age such punishment shall not exceed 30 stripes and in the case of juvenile offenders, 15 stripes.

629. Rule made by Local Government regarding whipping. - Whipping shall be inflicted on the buttocks, with a light ratan not exceeding the legal minimum of half an inch in diameter, and in case of prisoner under the age of sixteen, it shall be inflicted on the buttocks in the way of school discipline, with a still lighter ratan.

[Note - To prevent undue laceration of the skin, a piece of thin cotton cloth soaked in some antiseptic should be spread over the buttocks of every prisoner during the operation. All such clothes should be thoroughly washed and afterwards soaked in antiseptic solution before being again brought into use, so as to obviate the possibility of disease of any kind being conveyed from one prisoner to another. The drawing stroke, which is calculated to lacerate the flesh, is prohibited.]

[630. Classification of punishments. - The punishments enumerated in Section 46 of the Prisons Act, including those prescribed by the Governor-General in Council under section 46 (4), (6) and (7) shall be classified into minor and major punishments.]

The following punishments shall be considered minor punishments :-

(1) Formal warning,

(2) Change of labour for a stated period to some more irksome or severe form,

(3) Forfeiture of remission earned, not exceeding four days,

(4) Forfeiture of class, grade, or prison privilege for a period not exceeding three months,

(5) Temporary reduction from a higher to a lower class or grade,

(6) Penal diet, with or without cellular confinement not exceeding 48 hours,

(7) Cellular confinement for not more than 7 days,

(8) Separate confinement for not more than 14 days,

(9) Imposition of handcuffs otherwise than by handcuffing a prisoner behind or to a staple,

(10) Imposition of link-fetters for not more than 30 days, and

(11) Substitution of gunny or other coarse clothing for the portion of ordinary prison dress which is not woollen.

The following punishments shall be considered major punishments :-

(1) Hard labour in the case of prisoners not sentenced to rigorous imprisonment,

(2) (a) Forfeiture of remission earned, exceeding four, but not exceeding twelve days,

(b) Forfeiture of remission earned, in excess of 12 days,

(d) Exclusion from the remission system for a period not exceeding 3 months,

(e) Exclusion from the remission system for a period exceeding 3 months,

(f) Permanent reduction from a higher to a lower class or grade,

(3) Cellular confinement for a period exceeding 7 days,

(4) Separate confinement for a period exceeding 14 days,

(5) Link-fetters, if imposed for more than 30 days,

(6) Bar fetters,

(7) Cross bar fetters,

(8) Handcuffing behind or to a staple,

(9) Penal diet combined with cellular confinement for more than 48 hours,

(10) Whipping, and

(11) Any combination of minor punishments admissible under section 47 of the Act.

Note (1) - The major punishments 2 (b) and 2 (c) and any combination of the major punishments 2 (b), 2 (c) and 2 (e) shall not be awarded by the Superintendent of a prison without the previous sanction of the Inspector- General of Prison.

[Note (2) - An offence will be considered a minor offence when it is dealt with by a minor punishment, and a serious offence when dealt with by a major punishment. The classification in the annual returns should distinguish between (1) offences dealt with by major punishment and (2) offences dealt with by minor punishments. A combination of minor punishments will be shown under the head of major punishments in the punishment statement.]

Note (3) - The following punishments shall not be carried out in combination even when awarded at different times for different offences :- (a) Penal diet with whipping,(b) Penal diet with standing handcuffs,(c) Standing handcuffs with cross-bar fetters,(d) Cross bar fetters with bar-fetters,

Note (4) - The minor punishment (2) is not to be executed until the Medical Officer declares the prisoner to be fit to undergo the same and makes an entry to this effect in the appropriate column of the punishment register.

Chapter XX

(A) Remission System

[631. Extent of the remission rules. - (1) These rules apply to the whole of British India, inclusive of British Baluchistan, and the Sonthal Parganas.]

(2) Classes of convicted prisoner. - In these rules -

(a) ``prisoner'' includes a person committed to prison in default of furnishing security to keep the peace or be of good behaviour;

(b) ``class 1 prisoner'' means thug a robber by administration of poisonous drugs or a professional, hereditary or specially dangerous criminal convicted of heinous organised crime, such as dacoity;

(c) ``Class 2 prisoner'' means a dacoit or other person convicted of heinous organised crime, not being a professional, hereditary, or specially dangerous criminal;

(d) ``class 3 prisoner'' means a prisoner other than a class 2 prisoner;

(e) ``sentence'' means a sentence as finally fixed on appeal, revision or otherwise, and includes an aggregate of more sentences than one and an order of committal to prison in default of furnishing security to keep the peace or be of good behaviour;

(f) ``life convict'' means a person whose sentence amounts to 20 years imprisonment;

(i) a class 1 or class 2 prisoner whose sentence amounts to twenty-five years' imprisonment, or

(ii) a class 3 prisoner whose sentence amounts to twenty years imprisonment.

[(g) ``Probation Officer'' means a Probation Officer as defined in the Good Conduct Prisoners Probational Release Rules published with Punjab Government Notification No. 13273, dated 27th April, 1927.]

Note - The case of all life-convicts and of prisoners sentenced to more than 14 years imprisonment or to transportation and imprisonment for terms exceeding in the aggregate 14 years shall, when the term of imprisonment undergone, together with any remission earned under the rules amounts to 10 or 14 years, as the case may be, submitted for the orders or the Local Government in accordance with the instructions contained in the Home Department Resolution No. 159-67 (Jails), dated the 6th September, 1905

632. Cancelled.

633. Cases in which ordinary remission not earned. - No ordinary remission shall be earned in the following cases, namely :

(1) in respect of any sentence of imprisonment amounting exclusive of any sentence passed in default of payment of fine, to less than three months;

[(2) in respect of any sentence of simple imprisonment except for any continuous period not being less than one month during which the prisoner labours voluntarily :]

Note - The intention of this rule is that if a prisoner's sentence or total of sentences is reduced on appeal to less than 3 months he shall cease to be eligible for ordinary remission under these rules and remission that he may have earned prior to the reduction of this sentence or sentence shall be forfeited.

(See in this connection the definition of sentence in rule 2 (e).)

[633A. Ordinary remission not earnable for certain offences committed after admission to jail. - If a prisoner is convicted of an offence committed after admission to jail under sections 147, 148, 152, 224, 302, 304, 304-A, 306, 307, 308, 323, 324, 325, 326, 332, 333, 352, 353 or 377 of the Indian Penal Code, or of an assault committed after admission to Jail on a warder or other officer or under section 6 of the Good Conduct Prisoners Probational Release Act, 1926 (X of 1926), the remission of whatever kind earned by him under these rules up to the date of the said eviction may, with the sanction of the Inspector-General of Prisons, be cancelled.]

[634. Re-admission to the remission system of a prisoner removed therefrom. - The Superintendent may with the previous sanction of the Inspector General, re-admit to the remission system any prisoner who has been removed therefrom under rules framed under section 59, clause (3) of the Act. Such a prisoner shall earn remission under these rules from the commencement of the month following such re-admission.]

635. Scale of award of remission. - Ordinary remission shall be awarded on the following scale :-

[(a) two days per month for thoroughly good conduct and scrupulous attention to all prison regulations,]

(b) two days per month for industry and the due performance of the daily task imposed.

[635A. Scale of award of remission when prisoner is unable to labour through causes beyond his control. - A prisoner who is unable to labour through causes beyond his control by reason of being at court, in transit from one jail to another, in hospital or on an invalid gang shall be granted remission under clause (a) of rule 6 on the scale earned by him during the previous month if his conduct prior to and during the period in question has been such as to deserve such grant. He shall be also entitled to the grant of remission under clause (b) on the scale earned by him during the previous months if he had been in prison during that term; if not at rate of two days per month:]

Provided that if his absence from work is due to his own misconduct in jail no remission under clause (b) shall be awarded for the period of absence :

Provided also that if he is in hospital or on an invalid gang no remission under clause (b) of rule 6 shall be granted unless the Medical Officer certifies that the prisoner's absence from labour is due to cause beyond his control and is in no way caused by any action of the prisoner himself taken with a view to escape work or to get into or to remain in hospital.

(c) Prisoners who volunteer for sweeper's work in the Punjab Jail shall, in addition to the existing scale of remission, be granted a special remission of 3 days per month and a monthly payment of Rs. 5.

636. Remission awarded to convict officers. - In lieu of the remission allowed under paragraph 635 convict-warders shall receive eight days ordinary remission per month, convict-overseers six days per month and convict-night watchman five days per month.

637. Application of remission of system. - Subject to the provisions of paragraph 634 remission under paragraph 635 shall be calculated from the first day of the calendar month next following the date of prisoner's sentence; any prisoner who after having been released on bail or because his sentence has been temporarily suspended is afterwards readmitted in the jail shall be brought under the remission system on the first day of the calendar month next following his re-admission, but shall be credited on his return to jail with any remission which he may have earned previous to his release on bail or the suspension of his sentence. Remission under paragraph 636 shall be calculated from the first day of the next calendar month following the appointment of the prisoner as convict-warder, convict-overseer or convict- night watchman.

638. Sundays and holidays. - Prisoners employed on prison service, such as cooks and sweepers, who work on Sundays and holidays, may be awarded three days' ordinary remission per quarter in addition to any other remission earned under these rules.

Explanation. - One day's remission may be credited to the prisoner at the end of every month during which he has been employed on any prison service.

639. Remission for good conduct. - (1) A prisoner, eligible for remission under these rules who, for a period one year reckoned from the first day of the month following the date of his sentence or the date on which he was last punished for a prison-offence, has committed no prison-offence whatever, shall be awarded fifteen days' ordinary remission in addition to any other remission earned under these rules.

(2) If, however, a prisoner completes three years of his sentence and is not punished during that period for any prison offence, he shall be granted 60 days' remission for good conduct at the end of third year. In such cases the prisoner shall in addition be granted 15 days' good conduct remission for each of the first two years only. The total remission earned shall not in any case exceed the maximum remission permissible under the rules. (G. of I. Notn. No. F-503-2-22, dated 20.10.23.)

Explanation. - For the purposes of this rule prison-offences punished only with a warning shall not be taken into account.

[640. Power of officers to award remission. - Ordinarily remission shall be awarded by the Superintendent, or subject to his control and supervision and to the provisions of paragraph 641 by the Factory Manager, Deputy Superintendent and Senior Assistant Superintendent or any other officer specially empowered in that behalf by him.]

641. Procedure in making award. - (1) An officer awarding ordinary remission shall, before making the award, consult the prisoner's history-ticket in which every offence proved against the prisoner must be carefully recorded.

(2) If a prisoner has not been punished during the quarter otherwise than by a formal warning, he shall be awarded the full ordinarily remission for that quarter under paragraph 635, or, if he is a convict- officer, under paragraph 636.

(3) If a prisoner has been punished during the quarter otherwise than by a formal warning, the case shall be placed before the Superintendent, who after considering the punishment or punishments awarded, shall decide what amount of remission shall be granted under paragraph 635 or if the convict is a convict-officer under paragraph 636, all remissions recorded on the prisoner's history-ticket shall be entered quarterly on remission sheet (or card) are not marked in the general remission register.

642. Remission to be awarded quarterly. - The award of ordinary remission shall be made as nearly as possible, on 1st January, 1st April, 1st July and 1st October, and the amount shall be intimated to the prisoner and recorded on his history-ticket. Remission granted to a prisoner under paragraph 639 shall be recorded on his history-ticket as soon as possible after it is awarded.

[643. No remission for month in which released. - No prisoner shall receive ordinary remission for the calendar month in which he is released.]

[644. Special remission. - (1) Special remission may be given to any prisoner whether entitled to ordinary remission or not other than a prisoner undergoing a sentence referred to in paragraph 632, for special service as for example :-]

(a) assisting in detecting or preventing breaches of prison discipline or regulations

(b) success in teaching handicraft

(d) protecting an officer of the prison from attack

(e) assisting an officer of the prison in the case of outbreak of fire or similar emergency.

(f) economy in wearing clothes.

(g) donating blood to the Blood Bank provided that the scale of special remission for this service shall be fifteen days for each occasion on which blood is donated subjected to the limit laid down in sub-para (3).

[(h) Voluntarily undergoing vasectomy operation by a prisoner, having three children, provided that the scale of special remission for such service shall be 30 days, subject to the limits laid down in sub-para (3).]

(2) Special remission may also be given to any prisoner released under the Good Conduct Prisoners' Probational Release Act, 1926 for special services as :-

(i) Special excellence in, or greatly increased out-turn of good quality,

(ii) Assisting employer in case of out-break or fire or protecting his life or property from theft and other meritorious services.

(3) Special remission may be awarded :-

(i) by the Superintendent to an amount not exceeding three days in one year,

(ii) by the Chief Probation Officer in the case of prisoners released under the provisions of the Good Conduct Prisoners' Probational Release Act, 1926, to an amount not exceeding 30 days in one year,

(iii) by the Inspector-General of the Local Government to an amount not exceeding sixty days in one year.

Explanation :- For the purpose of this rule, years shall be reckoned from the date of sentence and any fraction of a year shall be reckoned as a complete year.

[(4) An award of special remission shall be entered on the history-ticket of the prisoner as soon as possible after it is made, and the reasons for every award of special remission by a Supdt. shall be briefly recorded, and in case of prisoners released under the Good Conduct Prisoner's Probational Release Act, 1926, such entries and reasons thereof, shall be recorded by the Probation Officer.]

[645. Total remission not to exceed one-fourth part of sentence. - The total remission awarded to a prisoner under all these rules shall not without the special sanction of the Local Government, exceed one-fourth part of his sentence :]

Provided in Every exceptional and suitable cases the Inspector- General of Prisons may grant remission amounting to not more than one-third of the total sentence.

[646. Remission in calculating date of release. - In calculating the date of release of a prisoner the number of days of remission earned shall be converted into months and days, at the rate of thirty days to each month.]

[647. Effect of remission earned on a life convict. - (1) When a life convict who is either - ]

(a) a class I prisoner, or

(b) a class II or class III prisoner with more than one sentence,

(c) a prisoner in whose case the Local Government has passed an order forbidding his release without reference, has earned such remission as would entitle him to release but for the provisions of this paragraph, the Superintendent shall report accordingly to the Local Government in order that his case may be considered with reference to section 401 of the Code of Criminal Procedure, 1898.

(2) Save as provided by clause (1) when a prisoner has earned such remission as entitles him to release the Superintendent shall release him.

[648. Procedure to be followed at the time of release. - When a prisoner is released under paragraph 647, the total amount of remission earned by him shall be endorsed on his warrant and the endorsement shall be signed by the Superintendent.]

649. Record of prisoner transferred. - (1) When a prisoner is transferred to another jail the total amount of remission earned by him up to the end of the previous month shall be endorsed on his warrant and entered on his history-ticket, these entries being signed by the Superintendent.

(2) The receiving Jail shall be responsible that the above information is duly obtained. Each jail at which a prisoner serves a portion of his sentence shall be held responsible for the correct calculation of the remission earned in that jail.

Note - The remission earned by a class I or class II prisoner shall be deducted from the sentence and shall be passed under such police surveillance as the Local Government may prescribe.

650. Remission sheet. - Remission sheets (form No. 145) shall be retained in the office of a jail for a period of one year after the release of the prisoner to whom they relate.

When a prisoner is transferred to another jail, his remission sheet (or card) where such are maintained, or where they are not maintained, a statement certified by the Superintendent, of the total remission, earned up to the date of transfer shall be sent with the prisoner.

N. B.- The notes to paras 631, 633 and 649 should not be regarded as part of the statutory rules; they have merely been inserted for convenience of reference and with the object of assisting officers to interpret the rules.

(b) Rewards

651. Persons sentenced to labour. - (1) All persons sentenced to labour shall be eligible for the grant of special remission at the rate of one day for every additional day's task performed the amount of work being calculated at the end of each calendar month.

The term prisoner ``sentenced to labour'' shall include prisoners sentenced to simple imprisonment who voluntarily elect to labour.

Note - Suppose a convict performs his full task of weaving, that is, 12 yards of cloth daily. His monthly output should be 288 yards a month (including 1/2 task on weekly parade days). If he weaves 300 yards he will receive one day, and if 312 yards 2 days, and so on.

(2) In the case of two or more men employed on the same work with a joint out-turn, the amount earned may be divided equally amongst them or in such proportion as the Superintendent considers equitable.

(3) Convicts employed on untasked as well as tasked labour in jails shall be eligible for the grant of remission at the specified rates. The Superintendent of a Jail should only grant remission to a prisoner on untasked labour if he is satisfied that the industry and exertion of the prisoner have been such as would have entitled him to the concession if he had been employed on a form of labour which is susceptible of being tasked.

(4) To ensure that the system of grant of special remission operates with as little uneveness as possible the Superintendent should fix a high minimum out-turn of work for professional or habitual prisoners employed on tasked labour.

(5) The time employed on work must not exceed 9 hours daily as required by section 35 (1) of the Prisons Act.

(6) The extra work done must be quite voluntary and the grant of remission for it is conditional on its being up to the requisite standard in quality required by the Superintendent.

(7) The Superintendent must arrange for an adequate supply of materials for extra task work.

(8) (a) No limit is to be placed on the amount of extra work which a convict passed as fit for hard labour may do subject to the time limit of hours of employment.

(b) A convict, if passed for medium or light labour, is to be rewarded for the extra work done over and above the tasks laid down for these classes of labour, respectively, at the rate of one day's special remission for every additional day's work reckoned on the labour task of his class of labour.

(c) No convict passed for medium or light labour shall be permitted to do extra work without the sanction of the Medical Officer recorded in his history-ticket or to exceed in the total day's work - a hard labour task in the case of a medium labour man, or a medium labour task in the case of a light labour man.

(9) Any convict suspected of being unfit at any time to do extra work shall be brought to the notice of the Medical Officer with a view to his being stopped from doing extra work.

(10) The remission to be allowed to a convict whether on tasked or untasked labour should not exceed the limits prescribed in the Jail Manual.

652. Cancelled.

653. Conditions for the award of gratuities for Industry. - (1) The Superintendent may, subject to the limits of -

(a) the grant made for the purpose, by the Inspector-General, in respect of the Jail, and

(b) the maximum monthly limit in respect of individual prisoners prescribed by the Inspector-General,

grant to any convict a gratuity in money in respect of extra quantity of superior quality of any work done by such convict, or of his being employed to teach any handicrafts.

(2) No gratuity under this rule shall be granted to any convict-warder for the time being in receipt of a gratuity under the rules regulating the grant of gratuities to convict-warders.

654. Money grant to indigent prisoners on release; limit of the award. - (1) A money grant equal to two and a half per centum of the net cash profits from jail manufactories will be placed at the disposal of the Inspector-General annually for distribution to jails, with a view to enabling indigent prisoners to lead a life of honesty for some time after release and while in quest of work.

(2) No convict shall receive more than two rupees from this fund.

655. Conditions of the grant to indigent prisoners. - The Superintendent may, subject to the limits of -

(a) the grant made for this purpose, by the Inspector-General in respect of the jail, and

(b) the maximum amount which may be granted to any convict, prescribed by the Inspector-General,

grant to any convict who has undergone a sentence of imprisonment or transportation for one year or more, upon his release, such sum of money as he may think necessary, for the purpose of enabling the convict to maintain himself until he can secure honest employment : Provided that no such grant shall be made to any prisoner who, at the time his release, is in possession of a sum of five rupees or more.

Note - The amount paid to a prisoner under this rule shall be over and above any sum paid to him to cover the expense of the journey to his home and subsistence allowance for the time spent on such journey. If any convict, at the time of the release, has less than two rupees, apart from travelling and subsistence allowance in his possession, the grant made under this rule shall not exceed an amount equal to the difference between the sum already in possession of the prisoner and five rupees.

656. The privilege of permitting the use of books by prisoners. - (1) Libraries will be maintained in all Jails for the use of prisoners, and the rules pertaining to such libraries will be posted in the room where the library is kept.

(2) Every educated prisoner, who is well behaved, may be allowed a book to read on Sundays or during the hours of rest on other days; such book may be supplied from the Jail library or by any person outside the jails : Provided that the Superintendent sanctions the indulgence and, in each case, approves of the book.

(3) Every prisoner may, with the sanction of the Superintendent, have in his possession a book or books of a purely religious character.

(4) A book allowed for the use of any one prisoner shall not be given to any other prisoner.

(5) The Superintendent may, at any time, for any sufficient reason, withdraw from any prisoner any privilege conferred under this rule.

Chapter XXI

Cells and the Treatment of Prisoners Therein

657. Cancelled.

658. Construction of cells. - (1) A sufficient number of cells for all purposes should be provided in every jail. Each cell for solitary confinement should have a yard attached to it where the occupant can have the benefit of fresh air without the means of communicating with any other prisoner; suitable means for ablution and sanitation should also be provided.

(2) Cells intended for separate and cellular confinement should have a general yard in which the occupants can wash themselves, be fed in association, allowed to take exercise or relieve nature.

(3) The outer door of every cell yard should have an eye-hole at a convenient height, so that the occupant can be seen without knowing that he is being observed; the cell door should be iron grated.

659. The purpose for which cells may be used. - Cells may be used for -

(a) carrying out sentences of solitary confinement ordered on a warrant;

(b) the separate and cellular confinement of prisoners as a jail punishment;

(c) the medical observation of those suspected of being insane, or the accommodation of noisy, dangerous or other lunatics whom it is advisable to keep apart;

(d) the separation of prisoners;

(e) the medical observation and separation of prisoners suspected of malingering, causing sickness or injury to themselves by the use of deleterious substances, or who are suffering or suspected to be suffering from any contagious or infectious disease;

(f) the confinement of prisoners condemned to death; and

(g) quarantine.

660. An officer to be withiin hearing of prisoners in cells. - During the day time an officer of the jail shall always remain within hearing of every prisoner confined in a cell, to ascertain and attend to his lawful requirements. A strict watch shall be kept over all such prisoners to prevent them committing any act which is forbidden.

661. No prisoner to be placed in a cell without a written order. - (1) No prisoner shall be placed in separate cellular or solitary confinement without an order from the Superintendent recorded in his history-ticket.

(2) No prisoner shall be kept separate in a cell either by night or day without an order similarly recorded by the Superintendent or Deputy Superintendent.

662. Ticket to be posted on door of occupied cell. - Whenever a cell is occupied by any prisoner a ticket (Form No. 88) showing particulars of the prisoner confined therein shall be posted on the exterior of the cell-yard door.

663. The search of prisoners in cell. - Every prisoner shall before being placed in a cell, be carefully searched and, all articles likely to aid escape or suicide shall be taken from him; the cell shall also be searched. All cells and prisoners confined therein shall be carefully searched at lock-up time each day, and oftener, if necessary.

663A. When a condemned prisoner is received in a jail on transfer or otherwise and before he is placed in his cell, the Deputy Superintendent shall himself personally be responsible that the prisoner's shoes are taken from him and replaced by a pair provided from the stock maintained in the jail.

664. Precautions to be taken with prisoners in cells at night. - The presence of every prisoner in his cell shall be ascertained at each change of guard. In the case of sickness, notice shall be given by the prisoner to the patrolling officer who shall report the matter to the Medical Subordinate and Deputy Superintendent. If necessary, the prisoner may be removed to hospital and the Superintendent and Medical Officer informed of the circumstance at their next visit. A warder by day shall have custody of the keys of the cell and they shall be kept in the key almirah at night (the means of opening which are in charge of the patrolling officer), so that they may be always available at times of sudden illness or other emergency.

In the case of an attempt at suicide by any prisoner the cell should be opened at once and, the attempt frustrated.

665. Only one occupant in each cell. Exception. - When a prisoner is seriously ill in a cell and it is unsafe owing to the nature of the disease from which he suffers to have him removed to hospital, the Superintendent may, on the recommendation of the Medical Officer, permit one attendant to remain with him. In no other instance shall two prisoners be permitted to occupy the same cell.

666. Visits to prisoners in cells. - Every prisoner occupying a cell shall be visited by the Head-warder on duty or the patrolling officer, at least once every two hours during the day and night. Officers when relieving guard shall visit each cell and satisfy themselves that all the prisoners are present.

667. Bedding of prisoners in cells. Cell to be kept clean. - (1) The bedding of every prisoners in a cell shall, subject to any order given in special cases by the Medical Officer, be exposed to the sun and air daily when the weather permits.

(2) Every occupant of a cell shall be responsible for its cleanliness.

668. A convict servant may enters cell. - A convict-servant may, when accompanied by a warder and his services are required therein, be permitted to enter a cell.

669. Kinds of labour prohibited in cells, grinding mills. - (1) The forms of labour selected for cells should as far as possible, be such as will not facilitate escapes or suicides. If it is necessary to employ prisoners on other tasks, special precautions should be taken.

(2) Grinding mills in cells should be raised about 4 feet off the ground on masonry pillars into which the lower stone should be firmly fixed. The upper stone should not be allowed to remain in the cell after the day's work is over.

Chapter XXII

Labour and Jail Industries

670. Length of working day. Fortnightly weighments. - (1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except in an emergency with the sanction in writing of the Superintendent be kept to labour for more than nine hours in any one day.

(2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time.

(3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour such prisoner shall not be employed on that labour, but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him.

671. Day on which convicts are exempt from labour. - (1) No prisoner shall be required to perform any labour, other than such as may be necessary for the conduct of the internal management and domestic economy of the jail or to meet any call of emergency, on any of the following days, namely -

(1) All Sundays.

(2) Christmas Day.

(3) Good Friday.

(4) Bisakhi.

(5) Dusehra.

(6) Guru Nanak's birthday.

(7) Holi.

(8) Dewali.

(9) Independence Day.

(10) Mahatma Gandhi's birthday.

(11) Guru Gobind Singh's birthday.

(12) Republic Day.

In addition, the Muslim prisoners shall not be required to perform labour on the following days :-

(1) Id-ul-Zuha.

(2) Id-ul-Fiter.

(3) Id-i-Milad.

(2) The Inspector-General may with the previous sanction of the Local Government, by general or special order in that behalf, exempt any prisoner or class of prisoners, or all prisoners generally, from labour on any particular day or days other than those specified on clause (1).

672. Entries with regard to labour in the history-ticket. - (1) Upon the admission of every convict sentenced to rigorous imprisonment, the Medical Officer shall at the time of complying with the provisions of sub- section (2) of Section 24 of the Prisons Act, 1894, by entering the class of labour (if any) for which such convict is fit in the prescribed book, cause a similar entry to be made in the history-ticket of the prisoner.

(2) The Medical Officer shall, from time to time, in complying with the provisions of sub-section (2) or sub-section (3) of Section 35 of the Prisons Act, 1894, cause to be entered in the history-ticket of every prisoner, any direction as to the employment of such prisoner or the class of form of labour on which he is to be employed, which he may deem fit to give.

(3) No prisoner shall be employed on any kind or class of labour which the Medical Officer considers unsuitable or for which that officer considers him unfit, or shall be subjected to any labour unless the Medical Officer certifies his fitness for the same.

673. Hours of rest from labour to vary with the season. - No convict who is under sentence of rigorous imprisonment, or who is employed on labour at his own desire, shall be required to work -

(a) if a member of a convalescent or special gang - between the hours of 12 noon and 2 p.m. throughout the year;

(b) if not a member of a convalescent or special gang - between the hours of 12 noon and 2 p.m. from the 15th of April to the fifteenth of September (both days inclusive).

Prisoners employed in the Lahore Central Jail Press, however, will observe the following hours :-

	15th April to 31st May	1st June to 15th August	16th August to 15th September	16th September to 14th April
Working hours	6.30 A.M. to 2.30 P.M.	6 A.M. to 2 P.M.	6.30 A.M. to 2.30 P.M.	8 A.M. to 4.30 P.M.
Recess	1/2 hour (11 to 11.30 A.M.)	1/2 hour (10.30 to 11 A.M.)	1/2 hour (11 to 11.30 A.M.)	1 hour (12 Noon to 1 P.M.)
NET WORKING TIME	7-1/2 hours	7-1/2 hours	7-1/2 hours	7-1/2 hours

674. One hour daily allowed for Mid-day parades. - The periods of rest prescribed under the preceding rule, are to be in addition to one hour allowed daily at 11 A.M. to all prisoners throughout the year for the midday parades and rest.

675. Hours for commencing and stopping work. - Prisoners shall commence work as soon as the morning parades and distribution into gangs are completed, that is, usually about an hour after the opening of the wards; and in the afternoon work shall be stopped about an hour before sunset according to the season :

[Provided a special gang may be allowed to work in the garden with the previous approval of Inspector-General of Prisons between the hours of sunset and sunrise. The Superintendent shall make adequate arrangements for the safe custody of such prisoners.]

676. Prisoners locked up during hours of rest. - During the hours of rest, prisoners shall be locked up in their sleeping wards, or in their work- shops, if the latter are suitable and secure.

677. Classes of labours. - The labour to which convicts may be put shall be of three classes, namely, hard labour, medium labour, and light labour, respectively.

678. Description of works: labour task to be fixed. - Subject to the provisions of Chapter VII of the Prisons Act, 1894, the Inspector- General may, with the sanction of the Local Government, from time to time prescribe, whether generally in respect of all jails or specially in respect of any particular or class of jails, the descriptions of works to be carried on, and the labour-tasks to be fixed, in respect of each class of labour specified in the preceding rule.

679. Tasks to be imposed on female and juvenile convicts. - The task to be imposed on any adult female or juvenile convict, shall not in any case exceed two-thirds of the maximum task for hard labour and medium labour respectively prescribed in respect of adult male convicts :

Provided that in estimating the tasks for juveniles the period occupied in instruction shall be deemed to have been occupied in labour.

680. Forms of labour and classification of labour tasks. - Under the authority of paragraph 678, the various forms of labour to be carried on and the tasks in each case (in so far as they admit of being fixed) to be exacted from convicts sentenced to labour in the jails of the Punjab are as follows -

	Manufacture or main head of service	Detailed description of work	Classification of Labour	+	+	Remarks
			Hard	Medium	Light
1.	Aloe factory	Pounding leaves to extract fibre Aloe ban	1-1/2 seers dry fibre 12 chittacks	3/4 seers dry fibre 10 chittacks	: 8 chittacks	Per man Per man
2.	Basket making	Baskets to carry 20 to 25 seers of earth each	..	10 baskets	..	Per man
3.	Blacksmiths' work	Various	According to task	According to task	..	Per man
4.	Blanket making	Felting blankets including sewing or hemming Weaving blankets 10-1/2 feet X 5-1/2 feet yarn No. 25 reed No. 9, weight 2-1/2 seers per blanket on fly shuttle loom Weaving blankets full breadth, on country loom Weaving blankets 13 feet wide, on country loom Sizing and dressing of Warps, prepared by primitive methods Taimar (weft supplier) Warping of blankets by primitive methods 50 yards Warping of blankets by mill warping machine with bearing Opening worsted machine made Opening worsted hand spun. Spinning woollen thread Sizing and dressing of warps prepared by primitive methods Sewing blankets (Hemming) Heald knitting Reed making Teasing kho Weaving of leg patti cloth for warders, 7 inches wide, woollen yarn No. 10 reed No. 26 on primitive loom	3-1/2 blankets 20 yards 20 yards 20 yards 1 warp	.. 15 yards 15 yards 15 yards 3 warp 4 warp 5 seers 3 seers 5 chittacks 3 warp 12 blankets 1 set 2 pieces 12 chittacks 25 yards	.. … … … ... … 3 seers 2 seers 3 chittacks 8 blankets 8 chittacks 20 yards	.. Per man Per 2 man Per man One man to 2 looms Ditto Per Three men Per man Per man Per man Per man Per man Per man Per man Per man Per man
5.	Book binding	Various special tasks	According to task	According to task	According to task
6.	Brick making	Loading and unloading bricks *Pounding surkhi from hard bricks Breaking hard bricks for road metal Moulding 1st class bricks 9"x4-1/2"x3" Moulding 2nd class bricks, 9"x4- 1/4"x3" Assistant to Moulder Carrying clay to moulder Preparing clay for moulder Carrying bricks, 9"x4-1/2"x3"	About 1,000 bricks 4 cubic feet 20 cubic ft. 1,000 bricks 1,500 bricks … 1 to each moulder ... 1,000 bricks 40 yards	2 cubic ft 15 cubic ft 700 bricks 1,000 bricks 3 to each moulder		Per man Per man Per man (A fair day's work) (A fair day's work) Per man
7.	Bhabbar Factory	Bhabbar ban Bhabbar ban on machine Bhabbar Mats	3 seers 8 mats	2-1/2 seers 30 seers 5 mats	1 seer	Per man Per man Per 6 men
8.	Carpentry	Various tasks	According to task	According to task	4 mats	Per man
9.	Carpet Factory	Preparing warp, opening cotton yarn Making warp of carpet Fixing and dressing warp Opening and reeling thread Twisting cotton yarn. 4 fold No. 10 Twisting cotton yarn, 6 fold No. 10 Weaving Turkish carpet 16x14 stitches in an inch Weaving Turkish carpets 14x12 or 12x12 stiches in an inch Weaving Turkish carpets 8x9 or 9x10 stiches in an inch		According to task 16 rows 18 rows 20 rows	4 seers Task depends on quality of carpet 14 chittacks 1 seer	Per man Per man Per man Per man Per man Per man Per man Per man
10.	Carrying or hauling	Carrying or hauling earth, stones, water, wood, etc.	Depends on load and distance	...	...
11.	Chick factory	Making sarkanda chicks Making bamboo chicks Making khajji chicks Making fine chicks Sewing of chicks Tiles of chicks fine Tiles of chicks coarse		30 square feet 20 square feet 6 square feet 6 square feet 100 feet 1-1/2 seets 8 seers		Per man
12.	Chopping wood	Chopping firewood	8 mounds (task depends on quality)			Per man
13.	Cleaning lamps	Cleaning and trimming lamps	...		100 lamps	Per man
14.	Clerical work convict officers	...	...		Cannot be tasked
15.	Cook house	Cooking for prisoners	1 cook to 30 prisoners for 300 prisoners and 1 cook to 40 prisoners for more than 300 prisoners	1 cook to 25 prisoners
16.	Cotton factory	Weaving garah 2 feet wide. Reed No. 36, yarn No. 12- 1/2 S. weight 4-1/2 seers (50 yards) on primitive loom. Weaving garah 2 feet wide. Reed No. 36, yarn No. 12-1/21 S. weight 4-1/2 seers (50 yards) on fly shuttle loom Weaving garah 2 feet wide. Reed No. 36 yarn No. 12-1/2 S. weight 4-1/2 seers (50 yards) on Hattersley loom Weaving Dosuti 2 feet wide yarn No. 14. S. Reed No. 36. Weight 6-1/2 seers on primitive loom Weaving Dosuti 2 feet wide yarn No. 14-S. Reed No. 36. Weight 6-1/2 seers on fly shuttle loom	10 yards 20 yards 25 yards 12 yards 25 yards	8 yards 15 yards 20 yards 9 yards 20 yards		Per man Per man Per man Per man Per man
16.	Cotton Factory	Weaving Dosuti 2 feet wide yarn No. 14-S. Reed No. 36. Weight 6-1/2 seers on Hattersely loom Weaving Romals 26"x36" Yarn No. 20-S. Reed No. 44. Weight of 50 Romals 3-1/2 seers on fly shuttle loom Weaving Romals 26"x36" Yarn No. 20-S. Reed No. 44. Weight of 50 Romals 3-1/2 seers on Hattersley loom. Bandage cloth 16 inches wide. Yarn No. 10. Reed No. 44. (1 in a dent). Weight of 50 yards 2-1/2 seers on primitive loom. Bandage cloth 16 inches wide. Yarn No. 10. Reed No. 44 (1 in a dent.) Weight of 59 yards 21 seers on fly shuttle loom Bandage cloth 16 inches wide. Yarn No. 1 Reed No. 44 (1 in a dent). Weight of 50 yards 21 seers on Hattersely loom. Wraping (Dosuti and Garah) by primitive methods 50 yards long. Warping (Dosuti and Garah) by Cage creel. Warping (Dosuti and Garah) by primitive method; 50 yards long, by mill warping machine including beaming Warping of Bandage cloth by primitive methods. Warping of Bandage cloth by Cage creel. Warping of Bandage cloth by mill warping machine. Weaving Turkish towels 3"x2". Particulars the same as item ``Weaving Dosuti''. Weight 5 chittacks per towel	30 yards 20 yards 25 yards 25 yards 35 yards 45 yards	25 yards 15 yards 20 yards 20 yards 30 yards 40 yards 1 warp 5 warps 6 warps 2 warps of 100 yards each 8 warps of 100 yards each 6 warps of 100 yards each 3 feet		Per man Per man Per man Per man Per man Per man Per man Per man One man with one assistant Per man Per man One man with one assistant
16.	Cotton Factory concld.	Weaving Turkish towels 4"x2-1/2" Particulars the same as item ``Weaving Dosuti.'' Weight 10 chittacks per towel Prin winding by Charkha for primitive looms Prin winding by Charkha for fly shuttle loom Prin winding by Charkha for Hattersley loom Bobbin winding by Charkha Drafting and denting Reed making Weaving tape inch yarn No. 10-S, six fold Garah Dusters (2'x2') Particulars as item ``Weaving Garah'' on primitive loom Garah Dusters (2'x2'), particulars as item ``Weaving Garah'' on fly shuttle loom Garah Dusters (2"x2"), Particulars as item ``Weaving Garah'' on Hattersley loom Heald knitting Kanemar (Assistant to Kana) for stretched warp. Making punis	10 yards 20 yards 25 yards 3 seers	2 feet 50 yards 8 yards 15 yards 20 yards 2-1/2 seers	5 looms 3 looms 2 looms 10 knots 1-1/2 warps 1 reed 30 yards 1 set 1 man to 3 looms	Per man Per man Per man Per man Per man Per 2 men Per man Per man Per man Per man Per man Per man Per man Per man Per man Per man
17.	Durrie Factory	Weaving durrie flowered Weaving durrie, plain Weaving durrie, with borders Weaving fine Monogolian Durrie Weaving durrie, striped Assistant to Duries Weaver		12 inches 32 Inches 30 inches 28 inches 3-1/2 inches 1 man to 5 weavers		Per man Per man Per man Per man Per man Per man
18.	Dyeing	...	...	According to task	According to task
19.	Excavation	Digging canal Digging Foundations	10 to 60 cubic feet according to depth and distance 100 cubic feet	60 cubic feet		Per man Per man
20.	Gardening	Digging with Kussi 1 foot deep, dry hard soil Digging with Kussi 1 foot deep, moist soil Ploughing Weeding Drawing water by persian wheel and bullocks Loosening soil, sowing or cutting vegetables	250 cubic feet 400 cubic feet 680 square yards	150 cubic feet 200 cubic feet 1 man for bullocks According to task	36'x9' According to task	Per man
21.	Grain preparing	Storing and weighing grain Cleaning grain Grinding wheat for atta to be shifted through a zinc sifter, 12 holes to the inch Grinding makki for a tta to be sifted through a zinc sifter 12 holes to the inch Grinding barely for atta to be sifted through a zinc sifter 12 holes to the inch Grinding bajra for atta to be sifted through a zinc sifted, 12 holes to the inch Grinding dal for husking Winnowing and cleaning dal Shifting wheat flour fine Shifting wheat flour, coarse	According to task 18 seers 15 seers 15 seers 25 seers ... ...	... 8 mounds 12 seers ... … 15 seers 1 maund --- 3 maunds 6 maunds	... 4mounds … ... … … … 5 maunds 2 maunds 4 maunds	Per man
22.	Haircutting	Cutting the hair of convicts	...	....	To cut the hair of 50 prisoners	Per man
23.	Hospital	Attendant on sick	...	...	1 attendant to 10 patients	Per man
24.	Jute and gunny factory	Combing by hand Bobbin winding for warping Warping Beaming Weaving by hand Bag sewing	.... … … … 18 yards 40 bags 28"x40"	1-1/2 maunds 8 looms 3 warps 6 warps 14 yards 25 bags 28"x40"	.... 4 looms … … 8 yards 15 bags 28"x40"	Per man
25.	Leather Work	Making shoes (Indian)	...	1 pair	...	Per man
26.	Masonry and repairs	Building pacca wall up to 3 feet Building pacca wall above 3 feet Building kacha wall up to 3 feet Building kacha wall above 3 feet Attendant to mason Mud plastering with bhusa Leeping with gobri Building mud wall (phuska)	25 cubic feet 20 cubic feet 50 cubic feet 35 cubic feet … 150 square feet 300 square feet 75 cubic feet	15 cubic feet 12 cubic feet 30 cubic feet 20 cubic feet 3 men to 2 masons 100 square feet 200 sqare feet 50 cubic feet	… .... .... … .... .... .... …	Per man Per man Per man Per man Per man Per man Per man Per man
27.	Money bags	Making bags for Rs. 1,000. Making bags for small change	.... ....	… ....	1 bag 1/8 bag
28.	Munj factory	Weaving munj durrie, 2 feet wide Assistant to weaver Chaining edges of munj matting Pounding munj, fine *Spinning ban munj, fine	10 feet ... .... 8 seers	8 feet 1 man to 3 weavers 20 feet 6 seers 10 chittacks	6 feet .... 6 chittacks
29.	Oakum	Picking oakum by hand	2 lbs. picked	1 lb. picked	1/2 lb. picked	Per man Per man Per man
30.	Oil factory	Cleaning mustard seed Castor oil special tasks for the Lahore Central Jail	... According to task	10 maunds According to task	5 maunds According to task	Per man Per man Per man
31.	Paper making	Washing pulp Pounding material (jhandar) Cutting tat Cleaning paper (jhadar) Sizing Drying Jugal (English cuttings) Jugal (Country cuttings) Polishing paper, A quality Polishing paper, B quality Cutting Polished paper by hand Sorting and binding Vatman A quality paper Vatman B quality paper Envelope making	2 maunds 20 seers 20 seers … … .... 10 seers 20 seers 3 to 3-1/2 quires 3- 1/2 to 4 quires 2 reams .... 11 quires 12 quires 500	1 maund 10 seers 15 seers 10 seers … … .... 7 seers 15 seers 2 quires 2-1/2 quires 1-1/4 reams 7 quires 7 quires ...	... ... … 2 reams 1 ream 1 ream .... .... .... .... .... 1 ream … ...	Per 2 men Per 3 men Per man Per man Per man Per man Per man Per man Per man Per man Per man Per man Per 2 men Per man during quarantine
32.	Patha Factory	Patha ban from unpounded patha Patha ban from pounded patha Making patha mat	.... .... ....	2-1/2 seers 1-1/2 seers 25 feet	.... .... ...	Per 2 men
33.	Pottery	Making lotas or tinds Making gharas Making matkkas or naunds Other articles of pottery-special tasks for the Lahore Central Jail	… … .... According to task	100 lotas 15 to 20 gharas 6 to 8 matkas According to task	.... .... .... According to task	Per 2 men
34.	Punkha	Pulling office punkhas	....	.....	Cannot be tasked
35.	Road repairing	Breaking up old road, relaying with metal 6 inches deep and remining	70 square feet	50 square feet	....	Per man
36.	Scavening	Removing night soil, &c.	1 man for 50 prisoners	1 man for 30 prisoners	....	Per man
37.	Stone breaking	Breeking hard stones for road metal	6 cubic feet	3 cubic feet	...	Per man
38.	Straw mat-making	Making straw sleeping mats	.....	8 mats	6 mats	Per man
39.	Sweeping	Sweeping the surface and keeping the premises tidy	....	.....	Cannot be tasked
40.	Tailoring	Making dosuti or garah coats by hand Making blanket coats by hand Making junglas by hand Making articles of clothing with sewing machine - special tasks for Montgomery Central Jail Making tents and warders' uniform by hand and machine - special tasks for the Lahore Borstal inistitution	.... .... .... According to task	4 coats 3 coats 10 junglas According to task According to task	3 coats .... 6 junglas According to task According to task	Per man
41.	Tin work	Various		According to task	According to task
42.	Washing	Washing hospital clothing or washing for warders	....	Cannot be tasked	.....
43.	Water lifting	Lifting water by hand power	Depends on lift and number of men	Depend on lift and number of men	......

681. Procedure when a form of labour not specified is carried on. -When any form of labour not specified in the foregoing table and not carried on as a regular jail industry is performed by any prisoner, or the form of labour is specified but a definite task is not given, the Superintendent shall, in consultation with the Medical Officer, fix the tasks when this admits of being done.

Note - The task fixed in any case should not be less than three- fourths of the task which can be performed by a free labourer.

682. Time to be given to acquire skill. - Every convict on being first put to do any kind of work with which he is not acquainted, shall be allowed a reasonable time (to be fixed by the Superintendent), in which to acquire the necessary skill to enable him to perform the full task. Mental and physical capabilities must be taken into consideration. The time will vary from a few days in the case of grinding or oil-pressing which require but little skill, to three or four months in the case of weaving or carpet-making which require a good deal of skill and a fair amount of intelligence. In every case when allotting new work, the Superintendent, or subject to his control, the Factory Manager, or Deputy Superintendent, shall note on the convict's history-ticket the task he is to begin with and every subsequent increase up to the full task.

683. Frequent change of work to be avoided. - Frequent change of work, except on medical grounds, should be avoided, but the same form of hard labour should not be exacted indefinitely without variation, and sedentary work should occasionally be changed for work involving more general movement. Every Superintendent and Deputy Superintendent should make himself acquainted with the tasks fixed for the various industries carried on in his jail.

Note. - Specially severe forms of labour such as oil pressing, blanket felting, jagai and the like should not be exacted continuously from any convict for more than a fortnight at a time, a reasonable interval being allowed to elapse before the convict is again placed on the same labour or labour equally severe.

684. Tasks to be measured or weighed. - Whenever the material given to a prisoner to work upon, admits of measurement or weighment, it shall be measured or weighed out to him before he begins to work.

685. Work done to be measured and entered daily. - Before the prisoners leave their places of work in the afternoon, the Factory Manager or Deputy Superintendent and Head-warders shall measure and mark off the work done by each prisoner and note the same against his name in the labour register. The entries in this register may be made in the vernacular and, in large jail, by an educated convict. If in any case, owing to the nature of the work, the task cannot be taken daily it should be taken whenever it is possible to do so.

686. Means and appliances for labour to be provided. - (1) In every jail proper means and appliances shall be provided for exacting hard labour, medium labour and light labour, respectively, from convicts who are liable and fit to undergo such labour.

(2) In every jail proper means and appliances shall be provided for voluntary employment of convicts sentenced to undergo simple imprisonment, as provided in Section 36 of the Prison Act, 1894.

687. Hardest suitable form of labour to be exacted proviso. Profit not to be considered. - (1) Every convict sentenced to undergo rigorous imprisonment shall ordinarily be employed on hard labour of such kind as is most suitable and for which he is for the time being fit and no such convict shall be put on medium labour so long as he is fit to perform hard labour, or on light labour so long as he is fit to perform either hard or medium labour :

Provided that no convict of the casual class shall ordinarily be required to perform a full task of hard labour during the first month after his admission to jail, and that every convict of the habitual class shall, throughout the period of imprisonment to which he is sentenced, be required to perform the several forms of hard labour which he is, due regard to health capable of performing.

(2) No consideration of profit or convenience shall be permitted to influence the class or form of labour which any convict sentenced to undergo rigorous imprisonment is at any time required to perform, and the class and form of labour which every such convict is at any time required to perform shall be fixed with reference solely to the health of the convict and the regulations of the jail in regard to the employment of prisoners.

688. How convict-labour may be employed. - Convict-labour shall ordinarily be employed to supply -

Firstly, - the requirements of the jail and of the jail department;

Secondly, - the requirements of the Government in any other respect; and

Thirdly, - other demands which the Inspector-General may from time to time approve.

689. Manufacture of articles for sale. - (1) When the requirements of the jail and other departments have been met to the fullest extent it is possible to meet them, prison labour may be employed in the manufacture of such article as will be least likely to compete with any local industry for sale to the public at current market rates.

(2) Traders, wholesale and retail, should be dealt with, in preference to consumers amongst the public.

[Note 1. - When market rates do not exist or cannot be ascertained the price of jail-made articles must be calculated and must always include -]

(a) the price of the raw materials;

(b) the wages of jail labour, rated according to the wages of free labour of the same class in the neighbourhood and with due regard to its inferiority;

(d) a percentage on account of profits.

Note 2. - In the case of articles supplied to Government or to the public the percentage on account of profits may ordinarily be fixed at 10 per cent on the cost of the raw material and labour; if the price thus found are below the ordinary rates at which the goods could be procured by the same class of purchasers in the open market they must be raised to at least such market rates.

Note 3. - In case of cotton goods, the equivalent of 2-1/2 per cent (duty) must be added in computing the selling price unless the result is to raise the rate above those prevalent in the open market.

Note 4. - These restrictions do not apply to District Boards and Municipal Committees and Corporate Bodies like the Punjab State Electricity Board etc., which for purposes of sales on credit on the same footing as Government institutions. No credit is to be allowed to private purchases (jail official or others).

Note 5. - A price list of the articles manufactured in every jail is to be prepared and exhibited in the office. This must be revised from time to time as may be necessary.

[690. Supply of articles to Government Department. - Government has directed the various departments under its control to obtain such articles as they require from jails, provided they are supplied of the same quality and at the same price as in the open market; this should be borne in mind when selecting jail industries. Only in the event of its being impossible to meet the requirements of Government in any department shall an industry which competes with free labour be worked in any jail.]

Note. - The value of the labour of prisoners employed to all work and on the manufacture of all articles for the maintenance department of any jail, is not to be credited to jail receipts; the raw material expended is to be charged for only.

[691. Distribution of industries in jails Machinery. Labour to be deterrent. - Large industries shall be concentrated in Central Jails where machinery may be employed, provided its use is not incompatible with the penal character of the labour and there is strong reason to believe that its introduction will not complete injuriously with private capitalists in the neighbourhood. The number of industries should be limited in every jail and the labour deterrent in character.]

692. How jail labour may be utilized. Convicts not to be employed on certain works. - (1) Jail labour may be utilized -

(a) for the preparation of building materials for the Public Works Department or for private sale, within the jail premises;

(b) for the construction work under the Public Works Department in or near the Jail; and

[(2) Prisoners shall not be employed on municipal works or hired out to private firms or individuals, nor shall jail labour be utilized on the construction or repair of road under the Public Works Department without the previous sanction of Government.]

(3) No convict shall, unless he is willing to undertake the work, be employed on sinking or cleaning wells or on any other form of labour attended with danger.

693. Convict labour on jail building. - Convict labour shall be utilized to the fullest extent in the erection and repair of all jail buildings and in the preparation of materials for the same.

694. Other form of labour. - Convicts may with advantage be employed -

(a) on brick, tile and surkhi manufacture;

(b) as coolies to assist free skilled workmen;

(d) breaking stone and brick-ballast.

695. Prohibition against employment of small gangs of prisoners. - (1) The employment of convicts in small gangs or batches, on petty works situate without the jail premises, is prohibited :

Provided that this prohibition shall not be deemed to extend to the employment of prisoners on jail works, in the jail garden, or on duties connected with the management of premises occupied by officers of the jail, subject to such directions as the Inspector-General may, from time to time, give in that behalf.

(2) Subject to such general or special directions as the Inspector-General may from time to time give in that behalf, convicts may be employed, without the jail premises, on public works which are at any time carried out under the supervision and control of the Department of Public Works or of a Local Authority.

696. Sanction of Superintendent to extramural employment. - No convict shall at any time be employed on any labour outside the jail walls or be permitted to pass out of the jail for the purpose of being so employed, unless and until the Superintendent shall have :-

(a) sanctioned his being so employed; and

(b) recorded, or caused to be recorded, on the prisoner's history- ticket, the fact that such sanction has been given.

697. Restriction on the employment of prisoners outside jail walls. - No convict shall at any time be employed on any labour without the walls of the jail :-

(a) until he has undergone not less than one-twelfth of the substantive term of imprisonment to which he has been sentenced;

(b) without the sanction of the Inspector-General, if the unexpired term of substantive imprisonment together with imprisonment (if any) in lieu of fine, to which he has been sentenced, exceeds two years;

(d) if any other charge or charges are pending against him :

Provided that clauses (a) and (b) shall not be deemed to apply to any jail established for the purpose of carrying out any public work.

Note - Only prisoners who are of good character and who are not residents of foreign territory should be employed outside the jail. When there are more prisoners eligible than are actually required, those with the shortest unexpired sentences should be chosen.

698. Convicts to wear ankle ring. Certain prisoners not to be allowed out. - Convicts other than convict officers passed as eligible for work outside the jail shall be distinguished by a light iron ring securely riveted on the left ankle. Care must be exercised not to pass out any prisoner who has shown or is likely to possess any inclination to escape.

699. Employment of convicts in the garden. - Only casual prisoners with the shortest unexpired sentences should be employed in the jail garden. They shall be especially passed for such work by the Superintendent. No habitual prisoner shall be put to garden work except on the recommendation of the Medical Officer or when a sufficient number of eligible casual prisoner is not available. A gang of five prisoners and a convict officer may be employed in the garden of the Inspector-General of Prisons, Superintendent of a Central or District Jail and Superintendent, Borstal Institution and Juvenile Jail when these officers reside in quarters near the jail premises. If the Factory Manager or Deputy Superintendent is allowed to keep a garden the work in such garden shall be done by the regular gang and not by a detachment of it.

Note (i) - If the concession results in an escape or abuse it will be permanently withdrawn.

Note (ii) - For the purpose of District Jails this concession will apply only to the Jails as Ambala, Sialkot, Rawalpindi, Ferozepore and Lyallpore, Mianwali.

700. Restriction on the employment of convicts as menial servants. - The number of convicts regularly employed on services of a menial or domestic nature such as cooks, barbers, water-carriers, sweepers and the like shall not, without the special sanction of the Inspector-General, exceed :-

(a) in a Central Jail or in a District Jail of the first or second class - ten per centum, and

(b) in the case of any other jail - twelve per centum of the total number of prisoners for the time being confined in such jail.

701. Selection and limitation of menial servant. - Sweepers shall be chosen from the mehtar or similar caste. Prisoners of other castes may be employed as sweepers if they volunteer to do such work. The barber shall belong to the casual class. Hospital attendants shall be selected from those passed for light labour or who have completed at least half their sentences. If there are a large number of serious cases in hospital, the proportion of one attendant to ten patients may be temporarily exceeded. If any convict employed as a menial servant has not enough work to occupy his whole time, he should be placed upon some other work for the remainder of his time.

702. Water-carrier and sweeper gangs for officials quarter. - Small detachments of the sweeper and water-carrier gang may be permitted to clean out and supply water to the quarters occupied by jail officials (except those of the Superintendent), twice a day; each house shall be visited in turn and the prisoners not allowed to separate or lag behind.

703. No prisoner to be employed on private work or service. - No prisoner shall at any time be employed by any officer of the jail, or other person, on any private work or service of any kind whatsoever :

Provided that nothing in this rule shall be deemed to prohibit the employment of any prisoner or any work carried on within the walls of the jail, in the ordinary course of any jail industry, with the knowledge and permission of the Superintendent and subject to the payment of the usual charges for such work.

Explanation - For the purposes of this rule ``private work'' does not include the supplying of water to, or the cleaning of the quarters occupied by, any subordinate officer, under the orders of the Superintendent.

704. Employment of prisoners as clerks. - The employment of prisoners as clerks in jail offices is forbidden. The Inspector-General may sanction the employment of an educated prisoner to copy letters, prepare rolls, write up registers and other work having no connection with warrants, remissions or money transactions. A prisoner so employed shall be provided with a place for writing inside the main gate, and under the eye of a warder. He shall not be permitted to enter the jail office unless called before the Superintendent or an inspecting officer. A prisoner employed on clerical work shall receive no remission or gratuity for such work.

705. No prisoner to be allowed to visit the bazar. - No prisoner shall at any time, upon any pretext, or for purpose any whatsoever accompanied by warders or not, be permitted to proceed or visit any bazar or mart.

706. Charge of material for manufactures. - The raw material for manufactures shall be under the charge of a responsible officer, who shall issue each morning what is required for the day's work and receive into store in the evening the material which had not been used up. He shall also as far as possible, satisfy himself that there is no waste of material, but this shall not relieve the Factory Manager or Deputy Superintendent as the case may be, of the responsibility for the safe custody and proper disposal of the manufactory stores.

707. Contract for disposal of jail produce. - Contracts may, with the approval of the Inspector-General, be made with mercantile firms or individuals for the disposal of articles of jail produce or manufacture. (Regarding contracts for the purchase of stores see paragraphs 29 to 31).

708. Responsible officer to keep manufactory accounts. - All accounts relating to jail manufacture shall be kept by a responsible official, under the supervision of the Factory Manager or Deputy Superintendent.

709. Disposal of proceeds of employment of prisoners. - No officer of any jail shall at any time retain in his possession, or otherwise than under proper authority, dispose of :-

(a) any article at any time supplied for use in any industry carried on in any jail, on manufactured by any prisoner,

(b) any sum of money realised from or received on account of the sale of any such article or of the earnings of any prisoner,

and the whole amount of every sum of money so realised or received shall as soon as may be paid to the credit of the Government in the nearest public treasury.

Note - No expenditure is to be met from, or payment made out of, any sum of money realised by the sale of articles or received on account of the earnings of prisoners. All sums of money so realised or received are to be credited, as soon as possible, in the public treasury; expenditure being met from sums supplied, under proper authority, by the public treasury for the purpose. All jail earnings are to pass intact into the public treasury and accounts, so that every item of receipt and disbursement shall appear in those accounts and be subjected to proper scrutiny and control.

710. Adjustment of accounts with other departments. - Payment for all articles received from, or supplied to, any public department, irrespective of the amount, should be adjusted by book-transfer. (Article 111 of the Civil Account Code).

Note - The cost of waste paper purchased from officers administering Local Funds should be paid for in cash.

711. How money is to be paid into treasury. - All moneys should be paid into the treasury under their appropriate headings and accompanied in each case by the form prescribed for the purpose. (Form No. 100) properly filled in.

711A. Yearly audit of the factory accounts. - The factory accounts of all district and central jails will be systematically audited once a year under the orders of the Accountant-General Punjab, by the Examiner of Local Fund Accounts, and a staff of peripatetic auditors.

Chapter XXIII

Sudden and Violent Deaths

[712. Report of death to be made to the police. - In every case of sudden or violent death or supposed suicide, or whenever there is any doubt or complaint or question concerning the cause of death of any prisoner, or whenever any prisoner dies from the effect of punishment or injury or within 60 days of receiving such punishment or injury, a report shall forthwith be made to the Police who are empowered to take action under Section 174 of the Criminal Procedure Code.]

713. Report to be made to the Inspector-General. - The Superintendent shall, in every instance in which an inquest may be held on the body of any prisoner confined in the jail, submit a full report of the circumstances of each case to the Inspector-General, together with a copy of the finding of the Magistrate who conducted the enquiry.

[714. A Magistrate who is Superintendent not to hold an inquest. - A Magistrate who is also the Superintendent of the Jail or acting as a temporary arrangement for the Superintendent shall not hold an inquest into the cause of death of any prisoner dying in jail of which he has charge at the time, unless there be no other duly authorised Magistrate available for the duty.]

715. Medical Officer empowered to make post mortems. - The following officers are empowered under Section 174(3) of the Criminal Procedure Code to conduct post mortem examination :-

(a) All Civil Surgeons.

(b) All Medical Officers holding collateral civil charges.

(c) In respect of deaths occurring within the limits of the Montgomery and Multan Central Jails, and the Lahore Central and Female Jails and Borstal Institution, the Superintendents of those Jails being Medical Officers.

(d) All Staff Surgeons.

(e) All Assistant Surgeons.

716. Report to Superintendent and Medical Officer. - The Deputy Superintendent shall report the occurrence of the death of every prisoner from sudden or unnatural causes to the Superintendent and Medical Officer, as soon as possible after the event.

717. Body to be left in the position in which found. Exception. - On the occurrence of a sudden or violent death in a jail, the body shall, if life is extinct, be left in the position in which it was found until the arrival of the Magistrate and Medical Officer, but if it is not certain that death has taken place, measures shall be taken to restore animation and for this purpose the body may be removed from the position in which it was found.

Chapter XXIV

Transportation

(Orders in this chapter have been temporarily superseded by those in appendix XX)

718. Prisoners sentenced to transportation; how to be dealt with. - In every case in which a sentence of transportation is passed, the offender, shall be dealt with in the same manner as if sentenced to rigorous imprisonment and shall be held to have been undergoing his sentence of transportation during the term of his imprisonment.

[719. Place of confinement for transportation of prisoners. - Every prisoner sentenced to transportation for a term of year or for life, shall be transferred to and continued in one or other of the following jails which are constituted places for the detention of transportation prisoners within the Punjab, under Section 32 of Act III of 1900, namely :- The Central Jails at Ambala and Ferozepur, the Borstal Institution and Juvenile Jail, Faridkot, Women's Section, District Jail, Ludhiana, in the case of women prisoners and District Jail, Delhi.]

720. Cancelled.

721. Cancelled.

722. Cancelled.

723. Cancelled.

724. Cancelled.

725. Cancelled.

726. Cancelled.

726A. - (1) Transportation prisoners be transferred to a transportation jail as directed in paragraph 719.

(2) The cases of prisoners sentenced to transportation shall be referred for the orders of Government in accordance with the provision made in paragraph 516-B.

727. Cancelled.

728. Cancelled.

729. Cancelled.

730. Cancelled.

731. Cancelled.

732. Cancelled.

733. Cancelled.

734. Cancelled.

735. Cancelled.

736. Cancelled.

Chapter XXV

The Transfer of Prisoners

737. Sanction for transfers outside the Provinc. - (1) A prisoner who is a member of criminal tribe, or a prisoner who is a Police-registered criminal, not being a native of the province in which he is undergoing sentence, may be removed by order of the Inspector-General of Prisons of the province in which he has been undergoing sentence, at any time not exceeding two months prior to his release, either to the prison of the district to which he belongs or to the prison nearest to his native place. Notice shall in each case be given to the Inspector-General of Prisons of the province to which a prisoner is removed. Provided that if a Local Government appoints any prison or prisons as receiving depots for prisoners removed from other provinces, orders made under this rule shall in each case direct that the prisoners be removed to such prison.

(2) Any prisoner, whose detention in a prison of the province in which he is undergoing sentence is deemed inexpedient, may be removed with the previous consent of Inspector-General of Prisons of the province to which it is proposed to remove him.

(3) Any prisoner undergoing sentence in a prison in the Punjab, whose services by reason of his possessing special qualifications or a knowledge of special trades, are required for purpose of prison administration in the North-West Frontier Province, may be removed to any prison in the North-West Frontier Province by order of Inspector-General of Prisons of the Punjab.

(4) Any European military or ex-military prisoner, undergoing a sentence imposed by a Civil Court; whom it is intended to remove from India, may be removed by order of the Local Government of the province in which he has been undergoing sentence, at any time not exceeding three months prior to his release to a prison at the port from which it is proposed that he should embark.

(5) A prisoner, other than a European or transportation prisoner about to be deported, who is to be removed from the Punjab to any other part of British India, shall, unless express instructions to the contrary are given by competent authority, be transferred to the jail given against each Presidency Province or Local Administration as follows :-

Madras - Bellary District Jail.

Assam - (a) Gauhati for prisoners intended for the districts of Goalpora, Kamrup, Darrang, Nowgong, Sibsagar, Lakhimpur, Naga Hills, Khasi and Jainti Hills and Garo Hills.

(b) Sylhet for those intended for the district of Sylhet, Cachar, the Lushai Hills, and Manipur State.

Burma - Central Jail, Rangoon.

North-West Frontier Province - Peshawar District Jail, for prisoners belonging to the Peshawar District including Mardan Sub-Division and the Political Agencies of Khyber, Dir, Swat and Chitral, Dera Ismail Khan Jail for prisoners belonging to the Dera Ismail Khan District and the Political Agency of South Waziristan, Bannu, District Jail for prisoners belonging to the Bannu District and the Political Agency of North Waziristan, Kohat District Jail for prisoners belonging to the Kohat District and the Political Agency of Kurram and Abbottabad Jail for prisoners belonging to the Hazara District.

Bengal, Bombay, Central Provinces. United Provinces of Agra and Oudh. The District Jail of the district to which the prisoner belongs, and in case there is no District Jail in such district, to the Jail nearest his home.

738. Power of Inspector-General to transfer prisoners. - The authority of the Local Government or subject to its orders and control the Inspector- General to order the transfer from one jail to another within the province of any person sentenced to imprisonment or transportation or in default of giving security to keep the peace or maintain good behaviour, has been committed to or is detained in jail, is contained in Section 29, Act III of 1900, as amended by Act 1 of 1903.

739. Convict to be transferred to undergo sentence. - The following classes of convicts shall, with the sanction of the Inspector-General, be transferred, when necessary, to undergo sentence -

(a) convicts sentenced to longer terms of imprisonment than the jails to which they are committed are authorised to detain;

(b) convicts whose transfer is necessary to relieve or prevent over- crowding;

(d) adolescent juvenile and female convicts;

(e) convicts with special qualifications, when their services are required elsewhere;

(f) convicts with influence in the district in which they are confined or who are violent or dangerous characters;

(g) convict whose transfer is necessary for the benefit of their health;

(h) leper convicts; and

(i) convicts whose transfer for any other reason is necessary or desirable, whether owing to the insecurity of the jail, the character of the prisoner, or his possessing friends or relatives amongst the establishment.

Transfer under clauses (a), (b), (c) and (d) may be made in anticipation, when the matter is so urgent that it would be inadvisable to wait till sanction can be obtained in ordinary course.

Note 1. - All male adolescent convicts under the age of 21 years with sentences of four months or over shall immediately on conviction be transferred to the Faridkot Borstal Institution in anticipation of the Inspector-General's sanction.

Note 2. - All female prisoners with sentences of four months or over shall immediately on conviction be transferred to the Ludhiana Female Jail in anticipation of the Inspector-General's sanction.

740. Adult Indian male convicts where to be confined. - Subject to the limitation as the length of sentences hereinafter prescribed, adult male convicts who are Indian will ordinarily be detained for the purpose of undergoing their sentences in the Jails to which they are in the first instance committed or in the jails to which they may be transferred as hereinafter in the annexed table, provided in that behalf.

Table showing the names of Jails the authorised term of sentences which may be undergone therein and the jail to which convicts may ordinarily be transferred therefrom.

Sr. No.	Name of Jail	Authorised to retain prisoners sentenced to substantive term and imprisonment not exceeding	Name of Jails to which the convicts sentenced to terms of imprisonment exceeding those specified in second column are to be transferred
1	2	3	4
1.	Central Jail, Ambala	All habitual convicts irrespective of sentences 2. All casual prisoners 3. All fermale prisoners irrespective of sentences	Casual prisoners of Ambala exceeding three years but upto 7 years to Distt. Jail, Rohtak. 2. Over 7 years to Distt. Jail, Hissar.
2.	District Jail, Hissar	1. All casual prisoners irrespective of sentences	1. All habituals to Central Jail, Ambala. 2. Casual prisoners over three years but upto 7 years to Distt. Jail, Rohtak. 3. Over 7 years to Central Jail, Ambala
3.	District Jail, Rohtak	Casual prisoners upto 7 years	1. All habitual prisoners to the Central Jail, Ambala. 2. Casual prisoners exceeding 3 years but up to 7 years to Distt. Jail, Hissar 3. Over 7 years to Central Jail, Ambala.
4.	District Jail, Karnal	Casual prisoners upto 3 years	1. All habituals to Central Jail, Ambala 2. All casual sentenced over 3 years and upto 7 years to Distt. Jail, Rohtak.. 3. All casuals exceeding 7 years to Central Jail, Ambala.
5.	District Jail Gurgaon	Casual prisoners upto 3 years	1. All habitual prisoners to Central Jail, Ambala 2. All Juveniles and adolescents sentenced to 3 months or more to B.I.&J. Jails, Hissar. 3. All women prisoners sentenced to 4 months or more to Central Jail, Ambala 4. Casual prisoners with sentences exceeding 3 years. (a) upto 7 years to Distt. Jail, Rohtak. (b) Above seven years to Central Jail, Ambala
6.	Sub Jail, Mohindergarh	Casual prisoners upto 6 months	1. All habituals to Central Jail, Ambala. 2. All casual prisoners upto 7 years to Distt. Jail, Rohtak. 3. All casual exceeding 7 years to Central Jail, Ambala
7.	Sub Jail, Dadri/Panipat	Casual prisoners upto 3 months	1. All others convicted prisoners to Distt. Jail, Rohtak from where further distribution will be effected as per above instructions.
8.	Sub Jail, Bhiwani/Sirsa	-do-	1. All other convicted prisoners to Distt. Jail, Hissar from where further distribution will be effected as per above instructions.
9.	Sub Jail, Palwal/Rewari/Narnaul	Casual prisoners upto 3 months	1. All other prisoners to Distt. Jail, Gurgaon from where further distribution will be effected as per above instructions.
10.	Sub Jail, Sonepat	Casual prisoners upto 3 months	1. All other prisoners to Distt. Jail, Rohtak from where further distribution will be effected according to this table.
11.	Sub Jail, Narwana	Casual prisoners upto 3 months	All other prisoners to Distt. Jail
12.	Sub Jail, Jind.	Casual prisoners upto 6 months	from where further distribution will be effected according to this table
13.	Sub Jail, Kaithal	Upto 3 months	All other prisoners to Distt. Jail, Karnal from where further distribution will be effected according to this table.

Notes :- 1. All habitual prisoner with sentences of 3 months or more to be transferred to Central Jail, Ambala.

2. All women prisoners with sentence of 4 months or more are to be transferred to Central Jail, Ambala.

3. All adolescent prisoners with sentence of 3 months or more and all prisoners sentenced to be detained under the Borstal Act are to be transferred to B.I. & J. Jail, Hissar.

4. Habituals shall be kept separate from casual prisoners at Central Jail, Ambala.

741. Power of Inspector-General to detention and transfer. - Nothing in these rules, contained regulating the prisoners to be confined in each class of jails, shall be deemed in any way to interfere with the power of the Inspector-General, for sufficient reason, in his discretion, by general or special order, to direct that any class or classes of prisoners shall be confined in or transferred to any jail or class of jails.

Note - For rules regulating the transfer of Europeans, Females and juveniles to undergo sentence, see the chapter dealing with these classes. Regarding lunatics see paragraphs 894 to 896.

742. Transfer of prisoners for purposes of release. - Every convict belonging to any of the classes specified in the table annexed to this rule shall, if confined in a jail other than the jail of the district in which he ordinarily resides and if fit to travel, be transferred, for purposes of release at the time and to the jail specified in the said table in that behalf.

Showing the Jail to, And, The Time At Which Convicts of Each Class Are To Be Transfered Under This Rule

Class of prisoner	Purpose of transfer	Jail to which the transfer is to be made.	Period prior to the expiry of the substantive sentences at which the transfer is to be made.
1	2	3	4
Females	For release	To the jails of the districts to which they belong or in case there is no jail in the District to which any prisoner belongs, to the jail nearest his home.	Thirty days
Juveniles	Ditto
P.R./T. Prisoners	Ditto	Ditto	Sixty days
Members of criminal tribes and police registered criminals not being natives of the Punjab	Ditto	To their native provinces	Ditto
P.R./T prisoners who are Resiidents of Indian States	For release	To the jails in British Territory nearest to their homes, (Government of India letter No. ^13-Jail/631 dated 7th November, 1893).	Ditto
Trans-frontier convicts of the Utkhee tribe	For release	To the Peshawar jail	Ditto
European ex-military convicts	For embarkation prior to release	To Bombay	Thirty days
Indian military prisoners	For release	To the jails of the districts to which they belong or in case there is no jail in the district to which any prisoner belongs, to the jail nearest his home. (G.I. letter No. 324 of 8th February, 1910 and P.G. endorsement No. 50 of 16th February, 1910).	Ditto
Prisoners sentenced to imprisonment for smuggling opium or cocaine, who are the residents of any district in the Province of Bengal, the United Provinces, Assam, Delhi, the Punjab	Bihar and Orissa, the Central Provinces and the North-West Frontier Province.	For release	To the jails of the districts to which they belong
Prisoners sentenced to imprisonment for smuggling opium or cocaine, who are residents of Indian States	For release	To the jails in British Territory nearest to their homes.	Sixty days
Members of notified wandering criminal tribes who have been sent to jail for a term of one year's imprisonment or more for any offences under the Criminal Tribes Act, 1911, or for any term under section 109 or 110, Criminal Procedure Code and non-bailable offences described in Chapters XII and XVII of the Indian Penal Code.	Ditto	To the Sub-jail, Amritsar, for delivery to Criminal Tribes Settlement on release	Fourteen days
All members of notified criminal tribes, both wandering and settled, who have 2 or more convictions under sections 109 or 110 of Criminal Procedure Code, non-bailable offences described in Chapters XII and XVII, Indian Penal Code, or Criminal Tribes Act, 1911.	Ditto	To the Sub-jail, Amritsar, for delivery to Criminal Tribes Settlement on release	Fourteen days
Members of Criminal Tribes other than those specified above.	Ditto	Jails of the districts in which they were registered.	Thirty days

Note 1. - The order of discharge of an ex-military convict from the army shall, if necessary, be anticipated on the assumption that the discharge will in fact be ordered in due course.

Note 2. - EP.R./T. prisoners who are residents of districts in which there are Subsidiary Jails only should be transferred to the Subsidiary Jails in their home District a fortnight before their release.

[Note 3. - Descriptive rolls of prisoners sentenced to imprisonment for smuggling opium or cocaine, who are residents of any district in the Provinces of Bengal, the United Provinces, the Punjab, Bihar and Orissa, the Central Provinces, Assam, Delhi and the North-West Frontier Province, shall be submitted in triplicate without delay to the Inspector- General who will sanction their transfer and at the same time inform Excise Bureau of this Province and that of the Province or Presidency concerned of the transfer, and furnish it with a copy of the Descriptive-roll.]

743.Procedure when a convict is unfit to travel. - Any convict who, by reason of illness, is not in a fit condition to travel at the time he would ordinarily be transferred for `release' but who subsequently becomes fit to travel, in time to allow him to reach his destination before his sentence expires, shall be transferred when he becomes fit to travel.

743A. Procedure when a EP.R./T. prisoner is unfit to travel. - If a EP.R./T. prisoner is unfit by reason by sickness, for transfer sixty days before his release, the fact shall be communicated to the Superintendent of Police of the district to which the prisoner belongs and also to the local Superintendent of Police. If the prisoner subsequently becomes fit for transfer in time to allow of his reaching the jail of his district before his release is due, he shall then be transferred. If when only a fortnight of his sentence remains to be served, he is still unfit for transfer, his EP.R./T. slip shall be given to local police with a note of the cause of his detention inscribed thereon, and on the day of expiry of his sentence he shall be discharged in the usual way.

744. Cancelled.

745. Prisoners not ordinarily to be transferred. - (1) No convict shall be transferred from the jail to which he was in the first instance committed unless as a measure to prevent or relieve over-crowding and other convicts eligible for transfer are not available, or for some other equally important reason if he -

(a) has appealed and the appeal has not been disposed of;

(b) has not appealed and the time for appealing has not elapsed;

(d) is confined in default of payment of fine;

[(2) The transfer of prisoners should be avoided so far as possible, during the months of May, June and July, and if transfers during these months cannot be avoided they should be as short as possible. In the case of such transfers due to general causes such as overcrowding, only such prisoners should be selected as are of good health, fit for hard labour and fit to stand the journey having regard to the length of the journey and the weather conditions. A man who might be sent on a short journey in March might not be fit to stand a long journey in June.]

746. Transfer of old, infirm and sick prisoners. - (1) Convicts over 45 years of age or infirm convicts shall not be transferred without the special sanction of the Inspector-General.

(2) An application for the transfer of a sick convict must be accompanied by a brief medical history of the case and a statement of the grounds for desiring his transfer.

(3) The descriptive rolls of such prisoners shall be prepared separately from those of other prisoners.

747. Examination of prisoners prior to transfer. - (1) All prisoners, previous to being removed to any other prison, shall be examined by the Medical Officer.

Certificate of fitness. - (2) No prisoner shall be removed from one prison to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.

748. Prisoners not to be transferred when epidemic prevails. - No convict shall without the special sanction of the Inspector-General, be transferred from one Jail to another while cholera or any other epidemic disease is prevalent in either the transferring or receiving jail nor until the disease has disappeared for at least two weeks. Special precautions shall be taken to guard against infection when a transfer has to be made along a route where any disease of an infectious nature is known to prevail.

749. Convicts not to be transferred unless they can be received. - No convict shall be transferred to another jail until it is ascertained from the Superintendent of the jail to which it is proposed to transfer him, that he can be received.

750. Descriptive roll to be submitted. - With every application for sanction to transfer prisoners whether the transfer has been made in anticipation or not, a descriptive roll (Form No. 61) shall be submitted to the Inspector- General. The reasons for requiring the transfer should in all cases be stated.

751. Documents, &c. to be sent with a prisoner. - The following documents shall be sent with each prisoner transferred -

(a) his warrant;

(b) his descriptive roll;

(d) his history-ticket written up to date.

751A. Action when a transfer ordered cannot be carried out. - When an order received for the transfer of any convict cannot be given effect to, owing to illness, release on appeal or other cause, the descriptive roll (Form No. 61) of the convict on which sanction to the transfer was conveyed, shall be returned to the Inspector-General with an endorsement showing the reasons why the order was not given effect to.

752. Jail official to accompany prisoners. - (1) A jail official shall accompany prisoners on transfer when their number exceeds ten. The Government property, documents and private effects sent with the prisoners shall be in his charge.

(2) When the number of prisoner is ten or less a jail official should see them off at the railway station and will be responsible for seeing that they start with :-

(a) 1 zinc pail full of water if the van does not possess a permanent drinking water tank;

(b) 1 lota full of water for each prisoner.

(3) The Deputy Superintendent must satisfy himself before the prisoners leave the jail that all necessary arrangements have been made to provide them with the means of water supply, food, etc. en route, and the jail officials and warders understand their duties in this connection.

753. Notice of intended despatch to be sent to Police. - Notice of the intended transfer of prisoners or the production of prisoners before a court, shall be given in writing to the Police authorities at least 96 hours before the guard is required. Earlier intimation should be given whenever possible. Requisitions for a Police guard should state the number and class of prisoners to be guarded, whether European or Indian, male or female, and whether there are any violent or dangerous characters amongst them.

Note - Dacoits and prisoners sentenced to transportation for life and long terms of imprisonment should be classified as dangerous prisoners for the purpose of this paragraph.

754. Duty of Superintendent with regard to prisoners to be sent to court. - Upon delivery of any order under this part to the officer in charge of the prison in which the person named therein is confined that officer shall cause him to be taken to the court in which his attendance is required so as to be present in such court at the time in such order mentioned, and shall cause him to be detained in custody in or near the court until he has been examined or until the Judge or presiding officer of the court authorises him to be taken back to the prison in which he was confined.

Note - Rule 2 of the rules circulated with Notification No. 323 of 27th July, 1900 makes the Superintendent of Police responsible for providing escort and for the safe custody of the prisoner till he is re-delivered to the Jail.

755. Scale of Police escort for prisoners. - The scale of police escort for prisoner is -

(a) When the journey is by rail :-

For 1 prisoner	...	1 contable.
For 2 to 4 prisoners	...	2 constables.
For 5 to 9 prisoners	...	1 head constable, 3 constables
For 10 to 12 prisoners	....	1 Head Constbale, 4 constables.

(b) When the journey is by road, according to the following scale :-

1	2
			Strength of Guard
Number of prisoners			Sub Inspectors	Head Constables	Foot Constables
Roads on which the Police stations are not more than 15 miles apart.	1 2 to 4 5 to 9 10 to 12 13 to 15 16 to 20 21 to 25 26 to 30 31 to 50	__ __ __ __ __ __ __ __ __	__ __ __ __ __ __ __ __ 1	__ __ 1 1 1 1 2 2 2	1 2 3 5 6 9 10 12 16
Roads on whch the police stations are more than 15 miles apart and all roads trans-Indus	1 2 to 3 4 to 6 7 to 8 9 to 12 13 to 15 19 to 20 21 to 25 26 to 30 31 to 50	__ __ __ __ __ __ __ __ __ __	__ __ __ __ __ __ __ __ __ 1	__ __ 1 1 1 1 2 2 2 2	1 2 3 4 7 8 10 12 16 20

Provided that, if the prisoner or prisoners to be removed is or are desperate or dangerous characters, the Superintendent of Police furnishing the escort may increase the strength at his discretion.

756. Convicts to be handcuffed before removal. - Male prisoners under sentence for an offence, shall be handcuffed before being removed from jail.

757. Imposition of fetters on transfer. - (1) An Indian male prisoner convicted of an offence under Sections 224, 225-B, 302, 303, 304, 307, 308, 392, 394, 395, 396, 397, 398, 399, 400, 401 and 402, Indian Penal Code or sentenced to transportation for life shall unless the Medical Officer certifies in his journal that he is owing to old age or infirmity, unfit, be fettered before he is removed from the Jail for purposes of transfer. The prisoners of remaining categories should not be fettered, unless this is done by the Superintendent of Jail in consultation with the Superintendent of Police.

(2) Bar fetters shall ordinarily be imposed but, when convicts are required to travel long distances on foot, chain fetters may be used.

[Note - The instructions contained in paragraph 757 may be relaxed in the case of prisoners classed as ``A'' or ``B'' class, if the Superintendent of Police is satisfied, after consideration of the convict's history that there is no reasonable apprehension of an attempt at escape or rescue.]

[758. Diet of prisoners removed from Jail. - The Inspector- General of Prisons shall, from time to time, fix the scale of diet for prisoners removed under these rules, and the officer in-charge of the escort shall provide that such prisoner receives diet as nearly as possible in accordance with such scale. Where the court in which evidence is to be given is situated at the same station as the jail from which the prisoner is removed, the officer in-charge of the jail shall supply the prisoner's food ready cooked.]

When the court as aforesaid is situated at a distance, the estimated cost of the prisoner's rations shall be paid to the officer in- charge of the Police escort by the officer in-charge of the jail.

[759. Money advance for road expenses. - A sum of money sufficient to meet all expenses together with a warrant credit note for the fares required if the journey is to be performed by rail, shall be made over to the warder in-charge or the officer in-charge of the escort, as the case may be, by the Superintendent of the despatching jail.]

Note - For further particulars on the subject of the transfer of prisoners and the rules made under thereof.

760. Different kinds of conveyance by rail. - (1) Prisoners may be conveyed by rail in -

(a) ordinary third class carriages,

(b) third class carriages with iron-grated windows and iron railings between the compartments, and

(2) (a) When the prisoners escorted are aged, feeble, sick, crippled, women, children, or are accused of minor offences, and are not of desperate characters, or are harmless lunatics, or where the number of persons including the escort does not exceed five, they may be conveyed in ordinary third class carriages.

The ordinary strength of escorts in such case shall be equal in number to the prisoners or even less according to circumstances. The escort shall sit on each side of the prisoners and guard the doors.

(b) Transportation convicts proceeding out of the province and prisoners of exceptionally dangerous character, who require extra vigilance for their safe custody shall be conveyed in custody by rail in prison vans only.

The ordinary strength of escort in such cases shall be one Head Constable and 6 constables for each carriage or van, and if more than a single carriage or van is sent, a Sub-Inspector shall be sent in command.

(c) All other prisoners shall be conveyed in 3rd class carriages provided with iron gratings for the windows and iron bars or railing between the compartments.

The ordinary strength of escort shall be the same as in (b) above.

761. Notice to Railway authorities. Class of train. - (1) At least 96 hours' notice must be given by the Superintendent to the District Traffic Superintendent concerned, of the number of persons, both prisoners and guard, for whom reserved accommodation is required and the particular train by which it is desired to despatch them.

(2) Prisoners on transfer shall be despatched by ordinary passenger train except when it may be necessary for special reason to despatch them by mail train.

Note. 1 - The Requisition should state whether ordinary reserved or prison accommodation of one or more 3rd class compartment of carriages with prison gratings or prison vans are required.

Note. 2 - When 3rd class reserved accommodation is required for a party of prisoners and its escort, it should be seen that the number of compartments required is distinctly stated by the requisitioning officer, and that the number of compartments requisitioned will suffice for the number of prisoners composing the party taking the maximum number that can be allowed to travel in one compartment.

[762. Reserved compartments and class of carriage. - (1) Every military prisoner, European prisoner, civil prisoner, if insane, violent or dangerous, and all parties of prisoners and guards when, inclusive of guards, the party exceeds five in number, shall be despatched in reserved compartments.]

[(2) With the exceptions in clause (1), every party of guards and prisoners, when the number of persons (guard included) does not exceed five shall travel in ordinary carriage.]

(3) European military prisoners and military insanes shall invariably be conveyed in second class carriages. In the case of non-military European prisoners it is in the discretion of the Superintendent to despatch them in second class, inter class or third class carriages. In all cases, however, in which it is considered desirable that the escort of such prisoners should consist of European police the prisoners will be conveyed in second class carriages.

All other prisoners not included in the foregoing categories shall be conveyed in third class carriages.

763. Adjustment of the expenses of travelling. - (1) With the exception of expenditure incurred by the Police escort, all the expenses connected with the transfer of prisoners shall be borne by the despatching jail.

(2) The Superintendent shall furnish the warder in-charge or the Police Officer, as the case may be, with a Railway pass on the credit note system, for the prisoners and the warder, if one accompanies the gang, on the return of the warders, a Railway pass shall be issued to him by the Superintendent of the Jail receiving the prisoners, in case the transfer is outside the province, the Railway pass for the return journey should be issued in advance by the despatching jail.

[(3) When reserved accommodation is requisitioned, payment is to be made according to the number of compartments required for the whole party of guards and prisoners irrespective of the number carried in a compartment (which number should not be greater than it is designed to hold) at the rate of fares on the full marked carrying capacity of the compartment, subject to a minimum charge in the case of a railway on the broad gauge of Rs. 5 per compartment per journey.]

(4) Prisoners and guards, when the party inclusive of guards does not exceed five, shall be paid for at the ordinary rates in force on the line.

[(5) When for any reason prisoners are conveyed by mail train, the higher rates chargeable for journeys by such train must be paid.]

(6) The Police will pay for their tickets in cash, and a pass for the balance of the tickets required shall be issued by the Superintendent, but no charges shall be made for Police escorts provided with seats in a Prison van hired for prisoners.

(7) An endeavour should be made to transfer prisoners in such numbers at a time that the Jail Department may not be put to loss owing to vacant seats.

(8) Where there is a night journey, double accommodation should, if possible, be provided.

764. Transfer of prisoners to and from Indian States. - (1) When prisoners are forwarded by rail to an Indian State from British territory, all transit charges will be borne by the British government, in the case of prisoners forwarded by rail to British territory from an Indian State, the Indian State concerned shall be asked to pay the transit charges.

(2) When prisoners are forwarded by road to or from an Indian State, the British Government and the Indian State concerned should severally bear, within the limits of their respective territories, the cost of transit.

[(3) In the case of prisoners extradited from the Kashmir State at the request of the British Government the cost of their transit beyond Sialkot and Murree as the case may be, will be borne by the British Government from either of these two places to wherever their ultimate destination in British India may be.]

[(4) In the case of Indian States included in the Rajputana Agency, the Government making the requisition shall bear transit charges.]

765. Classes to be kept separate on transfer. - Female prisoners shall, when on transfer, be kept completely apart from male prisoners, and male juveniles from adult males. Further separation of the various classes should be carried out as far as practicable.

[766. Prisoners travelling by road to walk. Exception. Precautions to be taken. - (1) Prisoners who have to travel by road when on transfer shall be required to walk. Carriage hire shall however be allowed for the conveyance of prisoners when the distance to be travelled by road exceeds five miles and in the case of any prisoner, conveyance or conveyance allowance shall be provided, irrespective of distance, if the Medical Officer certifies that it is necessary.]

(2) Prisoners should not ordinarily be required to march in very hot weather between the hours of 9 a.m. and 4 p.m. when circumstances require that they should do so, they must be provided with sun caps and a plentiful supply of water. Neither should they be required to march when it is raining or likely to rain heavily. Prisoners obliged to camp out at night must be provided with proper shelter in sarais or tents.

[(3) The female prisoners shall be provided with a conveyance and shall travel during daylight.]

[(4) Where there are no Government lorries plying for the purpose, all prisoners condemned to death and all female convicts shall be moved from a jail to a railway station and from a railway station to a jail in tongas.]

Note - In Delhi, conveyances will be provided, under arrangements to be made by the District Magistrate, for all prisoners on transfer and whenever prisoners have to be moved between the jail and the Courts.

767. Prisoners to be searched before transfer. Receipt to be taken. - (1) When prisoners are about to be transferred, they shall be paraded inside the jail, and the Superintendent shall satisfy himself that the clothing and bedding of each prisoner in good order and in proper quantity.

(2) They shall be carefully searched in the presence of the Deputy Superintendent and of the officer in command of the Police escort, from whom a receipt (Form No. 159) shall be taken for the prisoners, property and documents made over to him.

768. Telegram to be sent on the despatch of prisoners. - Immediately on the departure of prisoners by train, the Superintendent shall, whenever the gang numbers 10 prisoners or more, send a telegram to the Superintendent of the Jail to which they are proceeding, announcing the number for prisoners and the date and hour of their despatch.

769. Time of arrival of prisoners. - Prisoners should be despatched so as to reach the jail to which they are being transferred between the hours of opening the wards in the morning and lock-up. As far as possible, their despatch should be timed so that they should not arrive on a Sunday.

770. Duties of the warder or Police Officer incharge of prisoners. - The presence of a warder with prisoners on transfer in no degree affects the responsibility of the Police Officer charged with their escort and safe custody. The duties of the warder shall be -

(a) to provide the daily rations required, arrange when necessary for the cooking of the same and see that the prisoners are plentifully supplied with drinking water;

(b) to preserve carefully and be responsible for the safe custody and safe delivery of the documents and property of all sorts sent with the gang;

(c) to return safely to the jail from which the gang was despatched, the clothing and other Government property sent with the prisoners;

(d) to take receipt from the Deputy Superintendent of the receiving jail for the prisoner's property and documents made over; and

(e) to use every endeavour to secure the immunity of the prisoners from sickness and injury;

(f) to inform Station Masters of important stations on the route in advance of any requirements in the way of water, food, etc., that may be needed on the journeys;

(g) to provide (a) 1 zinc pail full of water for every 10 prisoners or fraction thereof if the van does not possess its own water tank, (b) 1 lota full of water to each prisoner, and (c) 1 zinc pail full of water in the latrine for cleaning purposes;

[(h) to allow only authorized food on the journey.]

When prisoners are not accompanied by a warder these additional duties devolve on the officer in-charge of the escort who should see that handcuffs are removed from a prisoner while he is eating, drinking or going to the latrine, provided that the number without handcuffs at any one time should not exceed one-half of the number of constables in the escort.

771. Document, &c. to be examined. - On the arrival of prisoners at their destination all documents shall be carefully examined, the list of property, both Government and private, compared with the property, actually received and the necessary receipts furnished.

772. Illness of prisoner on transfer. Ultimate disposal. - When a prisoner on transfer becomes so ill as to be unable to complete the journey, he should be left at the nearest police station and taken, when sufficiently well to move, to the nearest jail or subsidiary jail where he shall be received. His warrant, property and all papers connected with him should be made over to the Superintendent of the Jail where he is detained who shall inform the Superintendents of the Jails from and to which the prisoner was proceeding of the occurrence. On recovery, the prisoners shall be forwarded with his papers, &c., to his destination. In the case of death the fact, with date, shall be noted on his warrant, which with the other papers and property accompanying him shall be returned to the jail from whence he came.

773. Death of a prisoner before he can be received in any jail. - If a prisoner dies while on transfer and before he can be received in any jail or subsidiary jail en route, the officer in-charge of the Police escort should report the fact to the Magistrate of the district or the officer In-charge of the sub-division, as the case may be, in which the death takes place, with a view to an enquiry being held into the circumstances attending it. A copy of the proceedings, together with the warrant documents and property accompanying the prisoner should be forwarded to the Superintendent of the jail from whence he came. Such Superintendent shall submit a copy of the proceedings of the enquiry to the Inspector-General.

774. Escape en route. - If an escape occurs en route, intimation of the same should be given as soon as possible to the nearest authorities and to the Superintendent of the Jail from which the prisoner came, with a view to his recapture. If he is not immediately recaptured, his property, warrant and another documents, shall be returned to the jail from which he was despatched.

775. Recapture of a prisoner who escapes on transfer. - A prisoner who escapes on transfer shall, if recaptured, be sent to the jail from which he was despatched, and after trial for the escape, forwarded to the jail to which he was being transferred when the escape took place. A report of the recapture of a prisoner and the date of despatch to his destination shall be sent to the Inspector-General and to the Superintendent of the Jail which is to receive him.

776. Receipts for prisoners, etc. Government property to be returned. - The Superintendent or Deputy Superintendent of the receiving jail shall duly acknowledge the receipt (Form No. 158) of the prisoners and of the documents and property relating to them which are detained by him. Form 158 should be made over to the Police and simultaneous intimation sent to the dispatching jail (Form 157). Identical articles of clothing and other Government property with the prisoners shall be returned to the jail of despatch after being thoroughly washed and property wrapped in gunny cloth.

Note 1. - The fetters actually received with the prisoners, need not be returned, but an equivalent number of these articles in good condition and up to standard should be returned instead.

Note 2. - If it is necessary to detain any of the property in the receiving jail, a report of the fact shall be made to the Inspector- General and to the Superintendent of the transferring jail. Property so detained must be accounted for in the registers of both jails and in the indents for such articles subsequently submitted.

777. Procedure when property is missing. - If it be found on the arrival of the prisoners at their destination that the property received does not correspond with the list, immediate notice of the fact shall be given to the Superintendent of the dispatching jail, who shall institute an enquiry into the matter.

778. Cancelled.

Chapter XXVI

Civil Prisoners

Note 1. - According to Section 69(3) of Act XVII of 1887 (the Land Revenue Act), only a Collector can commit a revenue defaulter to jail.

Note 2. - The Punjab Government conferred on the Deputy Excise and Taxation Commissioner, Jullundur and Ambala Divisions, the powers of the Collector under Sections 68, 69 and 70 of the Punjab Land Revenue Act (VII of 1887) so far as these are necessary for the collection of Excise and Taxation Revenue in respect of various Acts, administered by the Excise and Taxation Department, as arrears of Land Revenue. Under these delegations the Collector has powers to issue an order to the Officer Incharge of Civil Jail of the District directing him to confine the defaulter in the Jail for a period not exceeding one month from the date of the order.

Punjab Government Notification Nos. 806 E and T-54/820 dated 10th March, 1955 and 806-E. and T-54/824, dated 10th March, 1955.

779. Civil prisoners to be confined in the civil jail. - Every civil prisoner shall ordinarily be confined in the civil jail. In places where there is no civil jail, or the accommodation provided in the civil jail is inadequate or unsuitable, civil prisoners may be detained in a portion of the criminal jail specially set apart for use as a ward for such prisoners.

780. Officers and visitors of a civil jail. - (1) Wherever there is a civil jail at any place at which there is also a jail for criminal prisoners, the civil jail shall be under the control and management of the Superintendent and other officers of the criminal jail and shall be administered as if it formed an integral part thereof.

(2) Visitors appointed to a jail established at any place for the confinement of criminal prisoners, shall be deemed to be visitors also of any civil jail established at the same place.

781. Maintenance of certain prisoners from private sources. - A civil prisoner or an unconvicted criminal prisoner shall be permitted to maintain himself and to purchase, or receive from private sources at proper hours food, clothing, bedding or other necessaries but subject to examination and to such rules as may be approved by the Inspector-General.

782. Diet of certain civil prisoners. Permission to cook. - (1) Civil prisoners who are supplied with prison diet shall unless the scale of subsistence allowance (if any) permits of a more liberal scale, be provided with diet on the ordinary scale prescribed in respect of convicts who are not subjected to labour. Their food shall be prepared in the convict cook-house, and cooked and served by convict cooks.

Note :- Civil prisoners admitted into Jail under rule 98 in Order XXI of the First Schedule to the Code of Civil Procedure for resisting or obstructing the execution of a decree shall be provided with non-labouring prison diet at the expense of the State.

(2) Civil prisoners who are not provided with prison diet, shall be permitted to cook their own food at places provided for the purpose.

783. Subsistence Allowance. - (1) The Local Government may fix scales graduated according to rank, race and nationality of monthly allowances payable for the subsistence of judgment-debtors.

Cooking utensils for civil prisoners. - (2) Civil prisoners provided with prison diet, shall be permitted to use their own cooking utensils. If they have no cooking utensils, they shall be supplied with the use of cooking vessels by the Jail.

Note - If the subsistence allowance fixed by the court is too small, it is open to the Inspector-General to apply to the Local Government to raise the scale. Cooking utensils must not be purchased from the allowance.

784. Supply of food to civil prisoners when subsistence allowance is provided. - (1) Every civil prisoner for whom a subsistence allowance is provided may be supplied with food, clothing, bedding and other necessaries by his friends at such hours as the Superintendent may from time to time fix in that behalf. When any civil prisoner is supplied with food, clothing and other necessaries by his friends, the subsistence allowance shall be made over to the prisoner.

(2) When any such prisoner is not supplied with food by his friends, the Deputy Superintendent shall supply him with good and wholesome food according to the prisoner's own choice, provided the daily cost does not exceed the daily subsistence allowance received on account of such prisoner. If the daily cost of food is less than the sum allowed, the balance shall be made over to the prisoner.

785. Articles to be delivered to the Dy. Supdt. and to be examined. - Every article of every kind whatsoever at any time supplied for the use of any civil prisoner shall be delivered to the Deputy Superintendent or other officer appointed by the Superintendent in that behalf, and shall be examined before it is made over to the prisoner, and any such article may, for any sufficient reason, be withheld, by the Superintendent, from such prisoner.

786. Certain articles not to be given. - No intoxicating drug or spirituous liquor of any kind shall without the order of the Medical Officer, be given to any civil prisoner.

787. Articles through whom purchased. - All articles purchased for any civil prisoner, otherwise than from Jail supplies, shall be purchased through or under the orders of the Deputy Superintendent.

788. Restriction on transfer of food and clothing. - No part of any food, clothing, bedding or other necessaries belonging to any civil or unconvicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this paragraph shall lose the privilege of purchasing food or receiving it from private sources, for such time as the Superintendent thinks proper.

789. Monthly allowance fixed by the court to whom to be paid. - (1) Where a judgment-debtor is committed to a civil prison in execution of a decree, the court shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed (under para 783(1)) or where no such scales have been fixed as it considers sufficient with reference to the class to which he belongs.

(2) The monthly allowance fixed by the court shall be supplied by the party on whose application the judgment-debtor has been arrested by monthly payments in advance before the first day of each month.

(3) The first payment shall be made to the proper officer of the court for such portion of the current month as remains unexpired before the judgment- debtor is committed to civil prison and the subsequent payment (if any) shall be made to the officer in charge of the civil prison.

(4) Sums disbursed by the decree-holder for the subsistence of the judgment- debtor in civil prison shall be deemed to be costs in the suit.

[Note - The monthly allowance under clause (2) shall, when received by the jail be credited into the Government Treasury and the Treasury receipt attached to the detailed contingent bill for the month. The amount so credited will be drawn on an abstract bill when required. Amounts disbursed on behalf of judgment-debtor in respect of supplies from stock, purchase from bazar, and balances paid to the decree-holder, shall be recorded in the Contingent Register No. 35 and shown in Voucher No. V attached to the Detailed Contingent Bill for the month under head Miscellaneous dietary charges. The total amount thus shown must agree with the Treasury receipt and difference, if any, should be explained in the remarks column of Voucher No. V.]

790. Supply of clothing and bedding to civil and unconvicted criminal prisoners. - (1) Every civil prisoner and unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

(2) When any civil prisoner has been committed to prison in execution of a decree in favour of a private person, such person, or his representative, shall, within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner and in default of such payment the prisoner may be released.

Note 1 - The name and address of the decree-holder or his representative, may be obtained from the Civil Court which issued the decree. When received, the demand in writing for payment shall be delivered to him.

Note 2 - Instead of paying for the cost of clothing and bedding the decree-holder may supply the same to the Superintendent.

Note 3 - The following scales of clothing, bedding and other necessaries are prescribed for the use of civil prisoners :-

For All Seasons

		Rs.	A.	P.
Kurtas two at Re. 0-10-0 each	___	1	4	0
Pyjamas two at Re. 0-8-0 each	___	1	0	0
Pugrees two at Re. 1-0-0 each	___	2	0	0
Chaddar one	___	1	0	0
Cotton durrie one	___	1	0	0
Towel one	___	0	4	0
Munj mat one	___	1	0	0
Cup and platter one each	___	1	0	0
	Total	8	8	0

Additional During Winter

		Rs.	A	P.
Quilt one	___	4	0	0
Blanket one	___	4	0	0
Woollen coat one	___	3	0	0
Straw mat one	___	0	1	0
	Total	11	1	0

In jails where the cold is intense a second blanket at Rs. 4 may be added at the Superintendent's direction to the winter scale given above.

Cooking utensils and water vessels will be supplied free of charge from jail stock.

Clothing, etc., on the person of and with the civil prisoner shall be regarded as a part of the above scales. The decree-holder will be required to deposit or pay for those articles only in respect of which the civil prisoner is found to be deficient.

The above prices are subject to market fluctuations, but will not be altered without the Inspector-General's previous sanction.

791. Detention and release of judgment-debtor. - Every person detained in the civil prison in execution of a decree shall be so detained -

(a) Where the decree is for the payment of a sum of money exceeding fifty rupees for a period of six months, and

(b) in any other case for a period of six weeks.

Provided that he shall be released from such detention before the expiration of the said period of six months or six weeks as the case may be -

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil person;

(ii) on the decree against him being otherwise fully satisfied;

(iii) on the request of the person on whose application he has been so detained; or

(iv) on the omission by the person on whose application he has been so detained to pay subsistence allowance.

Provided also that he shall not be released from such detention under clause (ii) or clause (iii) without the order of the court.

Note - If the judgment-creditor omits to pay the allowance, vide clause (iv), the prisoner shall be released on the morning of the day for which no allowance is paid.

792. x x x x

793. Supply of furniture and appliances. - (1) As Government only provides subsistence allowance at certain rates for civil prisoners, such articles of furniture and appliances as are absolutely necessary, shall be supplied by the jail.

(2) Every civil prisoner is at liberty to supplement at his own expense, the food, furniture and appliances allowed him.

794. Extras for civil prisoners how to be charged. - If any extra articles of diet are ordered by the Medical Officer for a civil prisoner, on medical grounds, any excess of expenditure over and above what can be met by the daily subsistence allowance, shall be paid by Government.

795. Release on ground of illness. - (1) At any time after a warrant for the arrears of a Judgment-debtor has been issued, the Court may cancel it on the ground of his serious illness.

(2) Where a judgment-debtor has been arrested the court may release him if in its opinion he is not in a fit state of health to be detained in the Civil prison.

(3) where a judgment-debtor has been committed to the civil prison he may be released therefrom -

(a) by the Local Government, on the ground of the existence of any infectious or contagious disease, or

(b) by the committing Court or any Court to which that Court is subordinate on the ground of his suffering from any serious illness.

(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in the civil prison shall not in the aggregate exceed that prescribed by Section 58 of the Civil Procedure Code.

[796. Disposal of balance of diet-money on release. - (1) When a civil prisoner has been released, the balance (if any) of diet-money or sale- proceeds of clothing in the Government Treasury, shall, if received from a Civil Court Officer, be returned to the Court but if received from the decree-holder, it shall be paid to him on his applying for it within 3 years.

(2) Articles of clothing and bedding, etc., supplied to a civil prisoner at the expense of the decree-holder, under paragraph 790 of the Jail Manual, shall be removed from the prisoner at the time of his release and returned to the decree-holder. If such articles remain unclaimed for two months, they will be sold and their sale-proceeds credited to the Government.]

797. The question of labour. Subjection to prison discipline. - (1) No civil prisoner shall be compelled to labour.

(2) Save as provided in clause (1) of this rule, and in Section 31 and the proviso to Section 46 of the Prisons Act, 1894, every civil prisoner shall in regard to discipline be subject to all rules providing for the discipline of unconvicted criminal prisoners.

798. Civil prisoners may follow a trade and receive the earnings. - (1) Civil prisoners may, with the Superintendent's permission, work and follow any trade or profession.

(2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of implements and the cost of maintenance.

(3) Books should be allowed to literate civil prisoners both from the Jail libraries and from outside, if they desire to purchase them, with the permission of the Superintendent. Newspapers should not be allowed.

799. Extract from the Insolvency Act to be posted. - (1) Extracts from the Insolvency Act, 1907, in Urdu, containing the provisions relating to insolvency, shall be posted up in every ward or jail appropriated to civil debtors and Revenue defaulters.

(2) Any prisoner who wishes to be declared insolvent under the Act, shall be given every assistance and may be provided with writing materials for the purpose by the Superintendent.

Chapter XXVII

Unconvicted Criminal Prisoners

800. Maintenance from private sources. - An unconvicted criminal prisoner shall be permitted to maintain himself, and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessaries, but subject to examination and to such rules as may be approved by the Inspector-General.

801. Restriction on the transfer of food and clothing. - No part of any food, clothing, bedding or the necessaries belonging to any convicted criminal prisoner shall be given, hired or sold to any other prisoner; and any prisoner transgressing the provisions of this section shall lose the privilege of purchasing food or receiving it from private sources for such time as the Superintendent thinks proper.

802. Supply of clothing and bedding. - Every unconvicted criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent with such clothing and bedding as may be necessary.

803. Supply of food &c. to unconvicted criminal prisoners. - (1) Every unconvicted criminal prisoner may, unless in any case the Superintendent otherwise directs, be supplied with food, clothing, bedding and other necessaries by his friends at such hours as the Superintendent may, from time to time, fix in that behalf.

(2) Every article supplied under clause (1) shall -

(a) be delivered to the Deputy Superintendent or other officer appointed by the Superintendent for that purpose, and

(b) be examined, before it is made over to such prisoner, either by the medical officer or the Medical Subordinate.

804. Certain articles not to be given without permission. - No article shall be given to any unconvicted criminal prisoner, if -

(a) it is injurious to health, or

(b) it is an intoxicating drug or spirituous liquor - without the order of the Medical Officer.

805. Purchase of articles. - All articles purchased for any unconvicted criminal prisoner other than those issued from jail supplies, shall be purchased through or under the orders of the Deputy Superintendent.

[806. Permission to cook his own food. - Claims for permission to cook are not recognised but such a privilege may be granted at the discretion of the Superintendent.]

807. Privilege of purchasing food may be withheld. - (1) If any article that is injurious or prohibited is found concealed in any food or other thing supplied to an unconvicted criminal prisoner by his friends, the privilege of being allowed to purchase or obtain food from private source shall be withdrawn.

(2) The Superintendent may for any sufficient reason refuse to allow the purchase for or delivery to an unconvicted prisoner, of any article which he considers to be unnecessary or unsuitable.

808. Supply of jail diet to unconvicted prisoners. Conditions. - An unconvicted criminal prisoner who does not maintain himself, shall be supplied with food at the expense of Government. Such food shall be prepared in the convict cook-house and cooked and served by convict cooks.

809. Unconvicted prisoners may follow a trade and receive the earnings. - (1) Unconvicted criminal prisoners may, with the Superintendent's permission, maintain themselves by working at any trade or profession.

(2) An unconvicted criminal prisoner finding his own implements and not maintained at the expense of the Jail, shall be allowed to receive the whole of his earnings, but the earnings of such as are furnished with implements or are maintained at Government expense, shall be subject to a deduction to be determined by the Superintendent, for the use of implements and the cost of maintenance.

810. Duty of officers to report previous convictions. - It is the duty of every officer of a jail when it comes to his knowledge that an unconvicted criminal prisoner has been previously convicted, to report the matter to the Superintendent. Such information, as is forthcoming should be reported to the Superintendent of Police.

811. Unconvicted prisoners may be kept separate. - Any special directions as to separation of an unconvicted criminal prisoner, given by the Magistrate, should be carried out. Such separation should be unaccompanied by any irksome conditions beyond those that are necessary to secure the object in view, namely, to prevent his communicating directly or indirectly with other prisoners concerned in the same case.

812. Charge of the undertrial ward. - The undertrial ward should be placed under the charge of a warder and visited regularly by the gangs employed on sweeping and supplying food and water.

813. Unconvicted prisoners to keep themselves, their clothing &c. clean. - (1) An unconvicted criminal prisoner shall be subjected to as little interference as is consistent with the maintenance of order and discipline in the Jail, but he shall keep himself and his clothing and bedding clean.

(2) He shall not be compelled to labour except by way of punishment but may be required to keep the ward, cell or other compartment occupied by him clean, if accustomed to do similar work in his own home.

(3) No work of a degrading character shall be exacted from any unconvicted criminal prisoner.

814. Unconvicted prisoners not to alter their appearance. - Unconvicted prisoners shall not be allowed to have their hair cropped or in any other way to alter their personal appearance so as to make it difficult to recognize them. Prisoners who have been more than a month in jail may, however, if they desire it, have their hair cut to length it was when they were admitted.

815. Conveyance of unconvicted prisoners to court. - (1) On the date fixed on the warrant of a prisoner committed to trial, or on the receipt of an order in the form of the first or second Schedules annexed to Act III of 1900 properly drawn up, the unconvicted prisoner concerned shall be placed in the custody of the police for conveyance to court.

(2) Money or other property found on the person of or belonging to an unconvicted prisoner, other than necessary wearing apparel, is taken charge of by the Court Inspector, who is required to enter on the back of the prisoner's warrant a list of all such articles. In the case of a prisoner sentenced to imprisonment the articles should be forwarded to the jail to which he is committed.

Articles of clothing brought to jail by an unconvicted prisoner shall be entered in the appropriate column of Register No. 1.

Unless an unconvicted prisoner falls within classes (c) to (f) of the present clause (1) of the Police rule 24.5 or is accused of murder, he should not be handcuffed on his way to and from the jail to the Court house, unless the officer in-charge of the escort decides to handcuff him owing (a) to his being a man who is likely to attempt an escape, or (b) a man who, owing to the existence of local feeling or other circumstances, is likely to be the subject of an attempt at rescue.

816. Notice of discharge or release on bail. - If an unconvicted prisoner be discharged in court or released on bail while attending court and a notification of the fact is not received the same day, the Superintendent shall, without delay, call the attention of the court to the matter.

Note - The notification should be brought back by the Police escort who took charge of the prisoner for conveyance to court.

817. Weight of unconvicted prisoners on release. - The weight of every unconvicted prisoner on release, shall be recorded in the register of unconvicted prisoners. When such prisoner is released in court, the last weighment recorded on the history-ticket, shall be taken as the weight on release.

818. Weekly list to be sent to the District Magistrate. - The Superintendent shall submit weekly list to the District Magistrate a list (Form No. 116), giving the names and other particulars required by the form, of all unconvicted prisoners other than those committed to serious, who have been detained in jail for more than thirty days since their first admission.

819. Serious illness of an unconvicted prisoner. - Whenever an unconvicted prisoner is seriously ill the Superintendent shall report the circumstance to the Magistrate engaged in the case or, if the prisoner is awaiting trial before the Sessions Court, to the Sessions Judge, in order that if the law permits and the Court thinks proper, the prisoner may be released on bail.

820. Notice of death to be sent to court. - Notice of the death of every unconvicted prisoner shall be sent as soon as possible after the occurrence, to the court under whose authority such unconvicted prisoner was detained,

Chapter XXVIII

Convicts Sentenced to Simple Imprisonment

821. Treatment of simple imprisonment convicts. - (1) Convicts sentenced to simple imprisonment shall be subject to as little restriction as is consistent with the maintenance of order and discipline in the Jail.

(2) They shall, with the exception of such as are classed habituals (who shall be required to wear the prescribed prison outfit), be permitted to retain their private clothing, but should not be allowed to wear political symbols.

(3) The Superintendent may, for any sufficient reason, which he shall record in his journal, deprive any convict of this class of the privilege of being allowed to wear his private clothing or any portion of it.

Note - Ex-military convicts sentenced to simple imprisonment are not entitled to wear military uniform while in jail.

822. Articles to be issued. Such articles to be kept clean. - A convict sentenced to simple imprisonment shall -

(a) if his private clothing is insufficient for warmth or for purposes of decency, be supplied with such prison clothing as may be necessary;

(b) be supplied with a cup, plate and bedding as issued to convicts under sentence of labour; and

(c) be required to keep such clothing, bedding and other necessaries as may be issued to him, in a clean and orderly condition.

823. Simple imprisonment, convicts to keep the wards and yards clean. - Convicts sentenced to imprisonment shall keep their wards and yards clean, provided they belong to a class, the members of which are accustomed to perform such duties in their own homes. They shall not however be compelled to perform any menial duties for others or to do any work of a degrading character.

824. Convicts allowed to converse. - Convicts sentenced to simple imprisonment shall, except during parades, at exercise time and when ordered not to do so, be allowed to converse together in a quiet and orderly manner.

825. Employment of prisoners sentenced to simple imprisonment. - Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner.

826. Conditions subject to which convicts may labour. - (1) A prisoner sentenced to simple imprisonment volunteering to work, shall be allowed to choose such work as is available.

(2) If in the opinion of the Superintendent, he performs a reasonable amount of work, he shall be entitled to labouring diet.

(3) He shall not be punished for neglect of work otherwise than reversion to the non-labouring scale of diet.

(4) If he expresses a desire at any time to cease work, he shall be permitted to do so.

(5) If he elects to labour he shall be required to wear the prison uniform.

827. Convicts may be required to take exercise. - A convict sentenced to simple imprisonment who does not elect to labour shall, at the discretion of the Medical Officer, be required to take walking exercise for not more than an hour in the morning and an hour in the afternoon daily.

Chapter XXIX

Female Prisoners and Children

828. When adult Indian female convicts are to be sent to Lahore Female Jail. - (1) Adult female convicts who are Indians, shall ordinarily be transferred to the Lahore Female Jail, if under sentence for a term of four months or over.

(2) Adult female convicts, who are Indians, convicted in the Lahore District, shall be committed, in the first instance, direct to the Lahore Female Jail.

829. Disposal of female convicts not provided for in the preceding rule. - (1) Every adult female convict who is an Indian and is not liable to be transferred under the provisions of the preceding rule, shall ordinarily be detained in the jail to which she is, in the first instance, committed : Provided that such jail possesses suitable and adequate accommodation for the purpose and subject to the limits thereof.

(2) When the number of adult female convicts, who are Indians, confined in any jail is in excess of the accommodation available for such convicts in such jail, the number of such convicts in excess of such accommodation shall, without regard to the length of the term of the sentences to be undergone by them, respectively, ordinarily, be transferred to the Lahore Female Jail.

830. A female undertrial allowed to occupy a cell. - A female undertrial prisoner shall, with the permission of the Superintendent, have the choice of occupying a cell instead of the under-trial prisoners ward : Provided that a cell is available and that arrangements can be made, to place on duty a female warder or a female convict-officer at all times, within hearing of the prisoner and that the keys of the cell are always ready at hand.

831. When a female prisoner is the only occupant of ward. - If there be but one female prisoner in the jail, arrangements shall be made for a female warder to remain with her both by day and night. If she be a convict not eligible for transfer under paragraph 828, the Superintendent should, if of opinion, that her detention in that jail is inadvisable take the orders of the Inspector-General as to her transfer.

832. Children of female prisoners. - (1) A child under the age of four years, the offspring of a female prisoner shall, if it has not been weaned and no friend or relative can be found to take charge of it, be admitted to jail with its mother.

(2) A child born in jail may be permitted to remain with its mother.

(3) As soon as any child admitted or born in jail attains the age of 4 years or female prisoner dies leaving a child under that age, the Superintendent shall communicate with the Magistrate of the District of which the mother is or was a resident, with a view to the child being made over to the charge of a relative or friend or being placed in an orphanage or being entrusted to some respectable person to be brought up at the expense of Government, if necessary, until it attains an age to earn a livelihood.

(4) Any female prisoner may be allowed to retain her child with her until it is four or with the approval of the Superintendent even up to 6 years of age if she so desires.

832A. Children of male prisoners. - (1) A child under the age of 4 years shall be admitted to jail with its father if its mother is dead and no friend or relative can be found to take charge of it.

(2) As soon as any child admitted to jail with its father attains the age of 4 years or a male prisoner dies leaving a child under that age, the Superintendent shall communicate with Magistrate of the District of which the father is or was a resident with a view to the child being made over to the charge of a relative or friend or being placed at an orphanage or being entrusted to some respectable person to be brought up at the expense of Government, if necessary, until it attains an age to earn livelihood.

[(3) Any male prisoner whose wife is dead may be allowed to retain his child with him until it is 4 years or with the approval of the Superintendent even up to 6 years of age if he so desires.]

833. Cancelled.

834. Conditions under which male officers may enter female enclosure. - A male officer of the jail may enter the enclosure occupied by females, only if he has a duty to attend to there and is accompanied by the female warder into every part of the ward or enclosure he may have to go. Should it be necessary to enter the female enclosure at night, the Head Warder on duty shall call the Deputy Superintendent, and the female warder and these three officers together shall enter. Warders acting as escorts to visitors or officials shall remain outside the enclosure.

(2) Female prisoners shall be searched by a female warder.

835. Females to remain in the female enclosure. - (1) No female prisoner shall, otherwise than under lawful authority, on any pretext leave or be removed from the female enclosure of the jail.

(2) Well behaved women prisoners may be allowed to sleep outside at night during summer months subject to satisfactory security arrangement being available in the jail.

836. Supply of food to and conservancy of the female enclosure. - (1) Cooked food shall be brought to the female enclosure by a convict-cook accompanied by a warder and placed outside the enclosure gate from whence it shall be taken inside by the female warder or a female prisoner.

(2) The menial duties shall, whenever possible, be performed by the female prisoners and the refuse, &c., placed outside the enclosure, to be removed by male convicts. If there are no females of suitable caste for conservancy work, specially selected male convicts-sweepers shall be taken into the enclosure in charge of a warder and under the conditions laid down in paragraph 264. Convicts so admitted shall not be (allowed) to go out of the sight of warder or to hold any communication by word or gesture with the females.

836A. Female prisoners not to be employed on grinding. - Female convicts shall not be employed on grinding grains except as a punishment awarded by competent authority.

837. Keys of the female enclosure. Lock of main entrance. - (1) The keys of the various locks in use in the female enclosure shall (other than the outer lock of the main entrance), be kept in possession of the female warder when she is present.

(2) Before leaving the female enclosure, the female warder shall lock all the prisoners into their sleeping wards or workshops and having done so, shall lock the door of the main entrance and make the keys over to the Deputy Superintendent.

Note 1. - When the matron leaves the ward, the main entrance door shall be locked on the outside double locks. The key of one of these will be handed over, with her other keys, by the matron to the Deputy Superintendent. The other keys, by day in the custody of the Head warder on duty and by night at the main gate.

Note 2. - Paragraphs 834 to 837 do not apply to the Lahore Female Jail which has a female Deputy Superintendent and a staff of female warders.

Chapter XXX

Juvenile Prisoners

838. Power of Magistrate to send boys to a Reformatory School. - The officer in-charge of a prison in which a youthful offender is confined in execution of a sentence of imprisonment, may bring him, if he has not then attained the age of fifteen years, before the District Magistrate within whose jurisdiction such prison is situate; and such Magistrate may, if such youthful offender appears to be a proper person to be an inmate of a Reformatory School, direct that, instead of undergoing the residue of his sentence, he shall be sent to a Reformatory School and there detained for a period which shall be subject to the same limitations as are prescribed by or under Section 8 of the Reformatory Schools Act, VIII of 1897, with reference to the period of detention thereby authorised.

[Note. - The above procedure shall be adopted as a general practice in all cases to which it applies. Nominal rolls of such prisoners in Form No. 176 should be submitted to the District Magistrate for action and copies thereof should be attached to the Quarterly Statement No. II, to which they pertain, for the information of the Inspector-General 1.]

839. Reformatory School to which to be sent. - Every youthful offender directed by a Court or Magistrate to be sent to a Reformatory School shall be sent to such Reformatory School as the Local Government may, by general or special order, appoint for the reception of youthful offenders so dealt with by such Court or Magistrate :

Provided that, if accommodation in a Reformatory School is not immediately available for such youthful offender, he may be detained in the juvenile ward or such other suitable part of a prison as the Local Government may direct -

(a) until he can be sent to a Reformatory School, or

(b) until the term of his original sentence expires, whichever event may first happen. Should the term of his original sentence first expire, he shall thereupon be released, but, should he be sent to a Reformatory School then the period of detention previously undergone shall be treated as detention in a Reformatory School.

840. Juveniles not sent to a Reformatory. - Juvenile convicts who are not transferred to a Reformatory School under the provisions of Section 10, Act VIII of 1897, shall, according to their sex, be detained in or transferred to, suitable Jails as laid down in paragraphs 841 and 842.

841. Juvenile Indian female convicts where to be confined. - (1) Juvenile female convicts shall be transfered immediately on conviction to the Lahore Female Jail.

(2) In all cases not provided for in clause (1) juvenile female convicts who are Indians may ordinarily be detained in the jail to which they may, in the first instance, be committed : Provided that if such jail did not possess suitable and adequate accommodation for the purpose, such convicts may be transferred immediately to the Lahore Female Jail.

842. Juvenile Indian male convict where to be confined. - (1) Every juvenile male convict shall be transferred immediately on his conviction to the Lahore Borstal Institution.

(2) In all cases not provided for in clause (1), juvenile male convicts, who are Indians, may ordinarily be detained in the Jail to which they may, in the first instance, be committed, provided that if such jail does not possess suitable or adequate accommodation for the purpose such convicts may be transferred immediately to the Lahore Borstal institution

843. Juveniles to be kept separate at night and associated by day. - (1) In every jail which is provided with a separate juvenile ward, such ward should be cellular for the separation of the prisoners at night. If a suitable ward does not exist, juvenile prisoners should be confined in cells by night.

(2) Juveniles may be allowed to associate during the day in the same enclosure or building, under the charge of an elderly warder, but the different classes should be made to sit some distance apart and all communication between them prevented.

844. Juveniles to be taught a handicraft, exercised daily and instructed. - (1) Every juvenile convict shall be -

(a) employed on or taught some simple and suitable handicraft;

(b) exercised one hour each day, either by marching, by drill or by gymnastic exercises; and

(c) if a male and sentenced to imprisonment for a year or more - be brought under a course of instruction in reading, writing and arithmetic for an hour in the morning and an hour in the afternoon daily.

(2) The Inspector-General may, from time to time, prescribed the course of instruction which Juveniles shall be required to undergo.

845. Employment of a convict as instructor. - Should it be necessary at any time to employ a convict for the instructions of juvenile prisoners under the provisions of the preceding paragraph, an elderly, well- behaved casual prisoner should be selected. He shall on no pretext be left alone with the Juveniles.

[846. Course of instruction for Juveniles. - (1) The course of instruction which Juveniles shall be required to undergo under the provisions of paragraph 844(2), is as follows -]

Syllabus

Class	Reading Urdu, Hindi or Gurmukhi	Writing Urdu, Hindi or Gurmukhi	Arithmetic, Urdu, Hindi or Gurmukhi
I-Junior	Primer (first half)	Forming letters of the alphabet	Numeration upto 50 Notation upto 10	With concrete illustrations
I-Senior	Primer (2nd half) and reading simple, easy, unseen, sentences	(a) Copy slip No. 1	(a) Notation and Numeration up to 100
		(b) Writing letters, and simple combination of letters from dictation	(b) Oral addition and subtraction up to 10	Ditto
			(c) Multiplication tables up to 10x10
II-Junior	Reader I (easy series)	(a) Copy slip No. 1	(a) Addition and substraction upto 10,000
		(b) Transcription from reading book	(b) Multiplication tables up to 16x10
II-Senior	Reader II (easy series)	(a) Copy slip No. 2	(a) Multiplication tables up to 16x16
	Reader II (easy series)	(b) Transcription from reading book	(b) Addition, substraction and multiplication up to one lakh
		(c) Easy dictation from reading book
III-Junior	Reader III (easy series) with explanation	(a) Copy slip No. II	(a) Fractional tables 1-1/2x20 1-1/4x20
	Reader III (easy series) with explanation	(b) Transcription from reading book	(b) The four simple rules up to one crore
		(c) Dictation from reading book	(b) The four simple rules up to one crore
III-Senior	Reader III (difficult series) with explanation	(a) Copy slip No. 3	(a) Fractional tables 20x3/4 20x2-1/2
	Reader III (difficult series) with explanation	(b) Dictation from reading book	(b) Reduction (Indian Money table)
		(c) Simple easy composition on familiar topics	(c) Compound addition and substraction
IV-Junior	Reader IV (easy series) with explanation	(a) Copy slip No. 4	(a) The four compound rules
		(b) Dictation	(b) Indian weights and measures
		(c) Composition on familiar topics
IV-Senior	Reader IV (easy series) or Reader	(a) Dictation	(a) Simple interest
	IV (difficult series) with explanation	(b) Essay composition on familiar topics	(b) Simple gurs
		(c) Letters, money orders, etc.

Note - (a) Oral composition should be practical from the very beginning, first in the form of reproducing essay stories told by the teacher or learnt at home and description of familiar objects and scenes, later in giving of a passage or lesson received.

(b) There should be constant practice in oral arithmetic in each class.

Chapter XXXI

Prisoners Condemned to Death

[Note - As soon as a prisoner is sentenced to death the Police Officer who attends the trial, will inform the Superintendent of the Jail of the fact. If the sentence is passed by a Sessions Judge that Judge issues a Warrant of commitment pending confirmation of the sentence by the High Court. When the sentence of death is confirmed by the High Court or is passed by the High Court in appeal or revision, the Sessions Judge to whom the decision of the High Court is certified issues the warrant for the execution of the sentence of death, to the Superintendent of the Jail to which the prisoner was originally committed. If the condemned prisoner has been or should be transferred to another Jail the Superintendent to whom the original warrant of commitment was addressed, should return the warrant for the execution of the sentence of death to the Sessions Judge, intimating to him at the same time the Jail to which the prisoner has been transferred. The Sessions Judge then issues a revised warrant for the execution of the sentence of death to the Superintendent of the Jail in which the condemned prisoner is confined.]

847. Search of condemned prisoners on admission. - (1) Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by, or by order of the Deputy Superintendent, and all articles shall be taken from him which the Deputy Superintendent deems it dangerous or inexpedient to leave in his possession.

Note - See also directions contained in paragraph 663-A.

(2) Every such prisoner shall be confined in a cell apart from all other prisoners and shall be placed by day and by night under the charge of a guard.

848. Cell to be examined. - Every cell in which any convict who is under sentence of death, is at any time to be confined shall, before such convict is placed in it, be examined by the Deputy Superintendent, or other officer appointed in that behalf, who shall satisfy himself that it is secure and contains no article of any kind which the prisoner could by any possibility use as a weapon of offence or as an instrument with which to commit suicide, or which it is, in the opinion of the Superintendent, inexpedient to permit to remain in such cell.

849. Information to be intimated to prisoner. - The date fixed for the execution, the periods within which petitions must be despatched and the result of the petition in each case, shall be intimated to the condemned prisoner by the Deputy Superintendent.

850. Light to be kept burning at night. - From sunset to sunrise a good light shall be kept burning in front of the grated door of every cell in which a condemned prisoner is confined, so that he may at all times be under observation.

851. Munj mat not to be issued. - Prison clothing, bedding and necessaries shall be issued to condemned as to other convicts, with the exception of the munj or bhabbar mat which shall be withheld, and an extra blanket substituted.

852. The guarding of condemned prisoners. - (1) If the permanent establishment of the jail is not sufficient to furnish the necessary number of warders to guard condemned prisoners, temporary establishment shall be entertained.

(2) The duty of guarding condemned prisoner shall always be given to the most trustworthy warders on the permanent establishment, and the less responsible duties of the Jail to the more junior warders and men temporarily entertained.

853. Number of warders required for guarding. - (1) To furnish one sentry for continuous duty day and night over a condemned prisoner three warders are required each to give eight hours of duty.

(2) When there are two or more condemned prisoners confined in a jail at the same time, in cells situated at some distance from one another, a separate guard shall be placed over each cell, but if the cells are contiguous, one warder shall be posted to guard a maximum of four prisoners.

(3) For any number of cells in excess of four, an extra guard shall be posted even when the cells are contiguous.

(4) With two rows of cells facing and within a reasonable distance of each other one sentry may be given charge of any number of cells up to four on one side and four on the other.

(5) When two or more cells are occupied, the sentry shall walk up and down past them, so that each prisoner guarded may be brought into view at short intervals.

(6) The sentry shall be relieved as in the annexed table :-

A	B	C
6-9 A.M.	9-12 Noon	12-3 P.M.
3-6 P.M.	6-9 P.M.	9-11 A.M.
11-1 P.M.	1-3 A.M.	3-6 A.M.

854. Warders to be armed. His duties detailed. - (1) The warder on duty over a condemned prisoner shall be armed with a baton and provided with a rattle to give the alarm when necessary.

(2) He shall be posted in, or immediately outside the door of the cell-yard, according as the prisoner is in the cell or cell yard respectively, and shall keep him constantly in view.

(3) He shall allow no person except authorized Jail visitors, the Superintendent, the Medical Officer, the Deputy Superintendent, the Senior Assistant and Assistant Superintendents, the Medical Subordinate, the head warder on duty, and the authorised menials of the jail under proper guard, to go near or communicate with the prisoner, without an order in writing from, or unaccompanied by the Superintendent.

855. Management of keys. Conditions under which the door may be opened. - (1) The keys of the cell in which a condemned prisoner is confined shall be kept by the head warder on duty who, on hearing the alarm, shall proceed to such cell which, in case of emergency such as attempt by the prisoner to commit suicide, he shall enter and with the help of the sentry segrate it.

(2) At no other time shall the door of the cell in which a condemned prisoner is confined, be opened without first handcuffing the prisoner and so securing him against the possibility of using violence or, if he declines to be handcuffed, unless at least three members of the establishment are present.

(3) The locks in use in a condemned cell shall be such as cannot be opened by any keys in use in the Jail, other than those properly belonging to them.

856. Occupation of cell yard. Precautions to be taken. - (1) A condemned prisoner should (unless there are any special reasons against it, which reasons should be recorded by the Superintendent in his journal), be permitted to occupy the courtyard of his cell for half an hour each morning, and evening but only one such prisoner at a time should be allowed to do so.

(2) During the time a condemned prisoner occupies his cell-yard, both the cell and yard doors should be kept locked and on each occasion before opening the cell-door to admit the prisoner to the yard, handcuffs should be applied and remain on him till he is again locked into the cell.

(3) A condemned prisoner shall not be removed from his cell to the cell- yard or vice-versa for any purpose, except in the presence of the head-warder.

(4) A convict sweeper or other prisoner allowed to enter the cell of a condemned prisoner to perform any duty, shall first be carefully searched and while carrying out his work, shall be kept under close observation by the warders on duty. Before the cell door is opened, handcuffs should be applied to the condemned man, and not be removed till the cell door is locked upon him.

Note - To allow of handcuffs, being applied before the cell door is opened, the prisoner should be asked to thrust his hands between two of the bars of the grated door; when he has been locked into the cell, the handcuffs can be removed in a similar manner.

857. Duty of head-warder over condemned prisoner. - The head-warder on duty shall visit the cell occupied by a condemned prisoner frequently and at uncertain hours during the day and night and satisfy himself that the sentry is on the alert, the cell secure, the fight burning brightly and that the prisoner is present.

(2) He shall forthwith report to the Deputy Superintendent any suspicious conduct on the part of a condemned prisoner or any dereliction of duty on the part of the sentry.

858. Condemned prisoners to be searched twice daily. - Morning and evening daily, the Deputy Superintendent or, under his directions, the Assistant Superintendent, shall carefully search every condemned prisoner and the cell he occupies, with his own hands and make a note of his having done so and of the result in his journal.

859. Diet, precautions to be taken. - (1) A prisoner under sentence of death shall be allowed the ordinary diet of a labouring convict.

(2) All food intended for consumption by a condemned prisoner shall be examined by the Deputy Superintendent, Assistant Superintendent or Medical Subordinate, who may withhold any article he regards with suspicion and report the circumstances to the Superintendent. The food shall be delivered to the prisoner in the presence of one or other of these officers.

[859A. Condemned prisoners allowed use of books and tobacco. - Any condemned prisoner who can read should be provided with a supply of such books as he may wish for, from the jail liberary and from outside if he desires to purchase them subject to the approval of the Superintendent. No newspaper should be allowed. Prisoners who smoke should be given cigarettes daily at the expense of the Government. All reasonable indulgences should be allowed in the matter of interviews with relatives, friends, legal advisers and approved religious ministers.]

860. Delay in carrying out a death sentence. - Should any delay occur in executing a sentence of death, other than that arising from the submission of a petition for mercy, the Superintendent shall forwith report the circumstance to the Sessions Judge and return the original warrant either for the issue of a new one or for the endorsement upon the same warrant of an order fixing another date for the execution.

861. Exceptions in the case of females. - In the case of a female under sentence of death -

(a) the prisoner shall be guarded by female warders who shall not be provided with batons;

(b) the search of the prisoner shall be conducted by the matron or a female warder without the presence of any male official but the cell shall be examined by the Deputy Superintendent;

(d) the prisoner shall not be handcuffed when she is allowed into the cell-yard.

862. Female certified to be pregnant. - When a female prisoner sentenced to death is certified by the Medical Officer to be pregnant, the warrant with the fact noted thereon, shall be returned to the Sessions Judge who is empowered to direct postponement of the execution pending the order of the High Court.

863. Female declares herself pregnant. - When a female prisoner sentenced to death declares herself to be pregnant and the Medical Officer is unable to certify the truth or otherwise of the statement, he shall record the fact and the interval of time necessary to enable him to arrive at a decision on the point in writing. This record with the warrant attached, shall be forwarded to the Sessions Judge.

864. Sentence may be postponed or commuted. - If a woman sentenced to death be found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to transportation for life.

[864A. Prohibitions against removal of convict under sentence of death to give evidence. - The State Government may, having regard to the matter specified in Section 2 of the Prisoners (Attendance in Court) Act, 1955 by general or special order, direct that a convict under sentence of death shall not be removed from the prison in which he may be confined, and thereupon so long any such order remains in force, the provisions of Section 3 of the Prisoners (Attendance in Court) Act, 1955 shall not apply to such a convict.]

865. Officer responsible for executions. Mishap to be reported. - (1) The Superintendent is responsible that the arrangements for an execution are complete and made in good time and that the gallows, rope, cap and pinioning straps are in good order.

(2) The occurrence of any mishap or departure from the orders laid down, shall be reported to the Inspector-General.

Note - Executions take place at the District Jail of the district in which the prisoner is confined after the sentence of death has been passed unless the warrant otherwise directs.

866. Description and testing of rope. - (1) A Manilla rope one inch in diameter shall be used for executions. At least two such ropes in serviceable condition shall be maintained at every jail where executions are liable to take place.

[Note - The rope should be 19 feet in length, well twisted, and fully stretched. It should be of equal thickness, capable of passing readily through the nose-ring and sufficiently strong to bear a strain of 280 lbs. with a 7 foot drop.]

(2) The ropes shall be tested in the presence of Superintendent at least a week before the date fixed for the execution and if they fail to pass the test, others shall be obtained at once and tested when received.

(3) Ropes that have been tested shall be locked up in a place of safety.

(4) On the evening before the execution is to take place, the gallows and rope should be examined to ascertain that they have received no injury since being tested.

Note - The rope shall be tested by attaching to one end a sack of sand or clay equal to one and a half times the weight of the prisoner to be executed and dropping this weight the distance of the drop to be given to the prisoner.

867. Officers to attend execution. - The Superintendent and Medical Officer of the Jail and the Magistrate of the District, or a first class Magistrate deputed by him, are to be present when an execution is being carried out. The Medical Officer must not be below the rank of an Assistant Surgeon; in case the Superintendent is a Medical Officer it is not necessary for another Medical Officer to attend, and if he is a Magistrate of the first class, it is not necessary for another Magistrate to attend.

868. The execution. - (1) Executions shall be carried out by the Public Executioner whenever the services of that official are available and failing him, by his assistant or some trustworthy individual locally entertained for the purpose.

(2) On the first occasion of the employment of any person to perform the work of an Executioner, the Superintendent shall satisfy himself that he understands how to perform the duty. Such person shall reside at the jail for two days prior to the day fixed for the execution.

Note - The services of the Punjab Executioner should be obtained through the Superintendent of the Lahore Central Jail to whom who be intimated, at the same time, the date fixed for the execution.

869. Execution of a British soldier. - (1) The officer in charge of a jail shall, when the gallows is not a fixture, make it over temporarily to the Military authorities whenever they make application for it.

(2) The Superintendent of the Lahore Central Jail is required to provide the services of a hangman and all requisites, including a properly tested rope, when application is made to him by the Military authorities.

[(3) When a convict hangman is supplied, he shall be sent in charge of a jail officer who shall be responsible for him and his behaviour at the place of execution.]

870. Warder Guard at executions. Police force when necessary. - (1) When the execution is to take place within the walls of the jail, 12 men of the Warder Guard shall "fall in" with their firearms and 10 rounds of buckshot ammunition per man, near the jail gateway fifteen minutes before the hour fixed for the execution. The guard shall not enter the jail unless called upon to suppress a disturbance or when spectators are admitted.

(2) When the execution is to take place outside the jail walls, the Superintendent shall send intimation of the fact to the Superintendent of Police two clear days before the date fixed for the execution to enable that officer to arrange for the attendance of Police Guard of 1 Sub-Inspector, 2 Head Constables and 12 Constables, and more if a disturbance is apprehended. The Police Guard is to be in addition to the available Warder Guard of the Jail which shall also "fall in" in the same manner as and when the execution is inside the jail.

(3) Whenever an execution is being carried out, the prisoners shall be locked up in their barracks till the body is removed.

871. Regulation of the "drop". - The following scale of drop proportioned to the weight of the prisoner, is given for general guidance, the Superintendent must use his discretion and be guided by the advice of the Medical Officer and the physical condition of the prisoner :-

For a prisoner under	100 lbs weight	7
For a prisoner under	120 lbs weight	6
For a prisoner under	140 lbs weight	5-1/2
For a prisoner under	160 lbs weight	5

Note :- The "drop", is the length of the rope from a point of the rope opposite the angle of the lower jaw of the criminal as he stands on the scaffold, to the point where the rope is embraced in the noose after allowing for the constriction of the neck that takes places in hanging.

872. Time of executions. Procedure to be adopted. - (1) Executions shall take place at the following hours :-

November to February ___	8 A.M.
March, April, September and October	7 A.M.
May to August	6 A.M.

[(2) The Superintendent and Deputy Superintendent will visit the condemned prisoner in his cell a few minutes before the hour fixed for execution. The Superintendent shall then first identify the prisoner as the person named in the warrant and read over a translation of the warrant in vernacular to the prisoner. Any other documents requiring attestation by the prisoner, such as his will shall thereafter be signed and attested in the presence of the Superintendent. The Superintendent will then proceed to the scaffold, the prisoner remaining in his cell. In the presence of the Deputy Superintendent the hands of the convict will next be pinioned behind his back and his leg irons (if any) struck off.]

[(3) The prisoner shall now be marched to the scaffold under the charge of the Deputy Superintendent and guarded by a head warder and six warders two proceeding in front, two behind and one holding either arm.]

(4) On the arrival of the prisoner at the scaffold where the Superintendent, Magistrate and Medical Officer have already taken their places, the Superintendent shall inform the Magistrate that he has identified the prisoner and read that warrant over to him in vernacular. The prisoner shall then be made over to the executioner.

(5) The criminal shall now mount the scaffold and shall be placed directly under the beam to which the rope is attached, the warders still holding him by the arms.

(6) The executioner shall next strap his legs tightly together, place the cap over his head and face and adjust the rope tightly round his neck the noose being 1-1/2 inches to the right or left of the middle line and free from the flap of the cap.

(7) The warders holding the condemned man's arms shall now withdraw and at a signal from the Superintendent, the executioner shall draw the bolt.

873. Body to remain suspended half an hour. Return of warrant. - (1) The body shall remain suspended half an hour and shall not be taken down till the Medical Officer declares life extinct.

(2) The Superintendent shall return the warrant of execution with an endorsement to the effect that the sentence has been carried out.

[874. Spectators may be admitted. - Adult male relatives of the condemned prisoner and respectable male adults up to a maximum of 12 in all, may be admitted under the sanction of the Inspector-General, to witness an execution either inside the Jail, or into the gallows enclosure when the gallows is outside the Jail provided that the Inspector General may, in his discretion refuse admission altogether or to any particular individual. Spectators are to be kept at a distance and a sufficient strength of the Warder Guard should be drawn up close at hand, ready prepared to suppress any disturbance or frustrate any attempt at rescue.]

Chapter XXXII

State Prisoners

875. Report when a State prisoner is received. - (1) When any person committed for safe custody under the provisions of Regulation III of 1818, is received into any jail, an immediate report of the circumstance shall be made to the Inspector-General.

(2) This report should give the rank of the prisoner in question, with particulars of the order directing his detention and the provision made for his safe custody, dieting and treatment.

876. How State prisoners are to be treated. - Every State prisoner shall, subject to the provisions of the Regulation for the confinement of State Prisoners, 1818, be treated in such manner as the warrant or order committing him to jail may direct.

877. When a State prisoner is to be treated as a civil prisoner. - For the purposes of the Prisons Act, 1894, and unless the warrant of commitment or other order relating to any prisoner confined under the Regulation for the confinement of State prisoners, 1818, otherwise directs, every State prisoner shall be deemed to be a civil prisoner.

878. When to be treated as an unconvicted criminal prisoner. - If the warrant or order relating to any State prisoner directs that he be confined in the criminal jail, he shall, for the purposes of the Prisons Act, 1894, be treated as an unconvicted criminal prisoner.

879. Report to Government regarding State prisoners. - Every officer in whose custody any State prisoner may be placed shall, as soon after taking such prisoner into his custody as may be practicable, report to the Governor General in Council whether the degree of confinement to which he may be subjected appears liable to injure his health, and whether the allowance fixed for his support be adequate to the supply of his own wants and those of his family, according to their rank in life.

Note - The report should be submitted through the Deputy Commissioner and the Local Government.

880. Inspector General to issue orders. - The Inspector-General shall issue such orders as he may consider necessary and as are not inconsistent with the instructions of Government, for the health and comfort of every State prisoner.

881. Officers to submit periodical reports. - Every Superintendent of a prison in whose custody any State prisoner is, must, on the 15th of January and 15th of June of each year, submit to the Commissioner of the Division a report on the conduct, health and comfort of such prisoner; and also submit a copy of this report to the Inspector-General, for information.

882. Representations by State prisoners to be submitted. - The officer in whose custody any State prisoner may be placed is to forward, with such observations as may appear necessary, every representation which such State prisoner may from time be desirous of submitting to the Governor General in Council.

883. No State prisoner to be transferred. - No State prisoner shall be transferred from any one to any other Jail otherwise than under the special orders of the Government.

884. Appropriation of allowance. - Every officer in whose custody any State prisoner may be placed shall take care that the allowance fixed for the support of such State prisoner is duly appropriated to that object.

885. When prison diet is to be supplied. - In the absence of any direction to the contrary given under Regulation III of 1818, every State prisoner who is not permitted to maintain himself shall be subjected to prison diet of the scale for the time being prescribed in respect of convicts who are not subjected to labour.

886. Provision as to clothing &c., of State prisoners. - When any State prisoner is not permitted to maintain himself, he shall be provided with such clothing, bedding and other necessaries as the Superintendent, subject to the control of the Inspector-General may, from time to time, prescribe in that behalf.

887. Procedure on death, transfer or release. - (1) On the death of a State prisoner, a special report with particulars, shall be made to the Inspector- General for submission to Government. The order and warrant shall at the same time to be returned through the Inspector-General with an endorsement certifying to the prisoner's death.

(2) A report shall be made to the Inspector-General when a State prisoner is transferred to another Jail or released under the orders of Government; in the latter case the order or warrant shall accompany the report with an endorsement certifying to the release of the prisoner.

Chapter XXXIII

Lunatics

888. Classification of criminal lunatics. - The expression "criminal lunatics" shall be deemed to include persons of the following classes, namely :-

(1) a person who is charged with an offence, in respect of whose soundness of mind the Magistrate trying the case entertains doubts and who is sent to a jail for medical observation, under Section 464 of the Code of Criminal Procedure;

(2) a person who is charged with an offence, but who, by reason of unsoundness of mind, is incapable of making a defence, and who is in consequence, detained under Section 466 of the Code of Criminal Procedure pending the orders of the Local Government;

(3) a person who has been held to have committed an act which would but for the unsoundness of mind of the doer, have constituted an offence, but who has been acquitted on the ground that he was of unsound mind when the act was committed, and is detained under Section 471 of the Code of Criminal Procedure pending the orders and during the pleasure of the Government and

(4) a convict who becomes insane.

889. Non-criminal lunatics. - Non-criminal lunatics shall be detained in :-

(a) the mental hospital in districts where there is a mental hospital;

(b) where there is no mental hospital but a civil hospital or dispensary where, in the opinion of the District Magistrate, suitable accommodation and establishment for the reception and custody of lunatics exists, in such civil hospital or dispensary;

(2) When a lunatic is detained in a jail, the Superintendent should make the best arrangements in his power for the comfort of the lunatic, having regard to his class and condition in life, and should keep him as far as possible apart from the convicts.

890. Detention of non-criminal lunatics. Procedure when period expires. - The maximum period during which a non-criminal lunatic can be detained for observation is 14 days. Upon the expiry of this period the Superintendent shall address the Magistrate or officer under whose warrant the person is detained, pointing out that the authorised period of detention has expired and requesting that an order for the release of the person detained or his transfer to any asylum be furnished. If by the end of seven days more the Superintendent has not received the Court's order, he shall report the matter to the Inspector-General.

Note - Non-criminal lunatics shall be entirely excluded from all statistical returns relating to jails. The maintenance charges for the period of observation shall be borne by the Jail Department. If the patients after the period of observation are duly certified and reception orders issued then the cost of maintenance from the date of the reception orders shall be met by the Medical Department, even though the patients be detained in jails.

891. Procedure when certain lunatics are committed to Jail. - (1) Whenever a person belonging to class 2 is detained in a Jail under Section 466 of the Code of Criminal Procedure, the Superintendent shall apply to the District Magistrate for an order for this transfer to mental hospital in anticipation of the receipt of orders from Government.

(2) Whenever a person belonging to class 1 or class 2 is detained in a jail for more than a month, the fact shall be reported to the Inspector- General.

892. Criminal lunatics how to be confined. - (1) Whenever a criminal lunatic is found to be dangerous, noisy or filthy in his habits, he shall be confined in a cell, and kept under strict and continuous supervision.

(2) Save as provided in clause (1) criminal lunatics other than convicts who have become insane, may, in the discretion of the Medical Officer, be detained in the Jail hospital or in a ward set apart for unconvicted criminal prisoners.

[893. Report on a convict who becomes insane. - If any convicts becomes insane, a report regarding his case shall be submitted to the Inspector- General with a view to obtaining the orders of Government for his removal to a mental hospital. With this report shall be forwarded] :-

(a) a descriptive roll of the prisoner (Form No. 61).

(b) his descriptive roll in Form No. 9 of Punjab Mental Hospital Manual.

894. Transfer of a lunatic to a mental hospital. - (1) On receipt of an order from Government for the removal of a lunatic to a mental hospital, the Superintendent shall forward him to the mental hospital specified with :-

(a) the Government order directing his transfer;

[(b) his descriptive-roll in form No. 9 of the Punjab Mental Hospital Manual;]

(d) his history ticket and private property (if any);

(e) warrant of imprisonment - if a convict;

(f) remission sheet - if a convict;

(g) a copy of the Court's Judgment in his case - if a convict.

(2) The Superintendent of a Jail while sending a condemned prisoner to Mental Hospital in the State for treatment or observation shall requisition special Police Guard to escort the condemned prisoner to the Mental Hospital.

Note 1 - If the court's judgment does not contain full particulars of the offence committed, a copy of the Police report on the arrest, or that of the Police roznamcha, should accompany the lunatic.

Note 2 - All Government property accompanying a lunatic on transfer to a Mental Hospital should be returned to the despatching jail.

895. Conditions before a transfer can be made. - No criminal lunatic shall be transferred from a Jail to a lunatic asylum.

(a) unless the Medical Officer certifies, immediately before his despatch, that he is mentally and physically fit to undertake the journey; and

(b) until it has first been ascertained that the Superintendent of the mental hospital to which it is proposed to send him is prepared to receive him.

896. Transfer in anticipation in urgent cases. - In urgent cases (i.e. if the lunatic is dangerous, noisy or filthy in his habits), the Superintendent may, with the previous consent of the Superintendent of the mental hospital, transfer the prisoner to the Mental Hospital in anticipation of Government sanction. In such cases, with the lunatic shall be forwarded the documents required by paragraph 894, with the exception of the Government order which should follow immediately after it has been received.

897. Procedure when sentence is about to expire. - When a convicted criminal lunatic cannot be transferred so as to reach the mental hospital before his sentence expires, he shall be detained in jail and on the expiry of his sentence treated as a non-criminal lunatic.

[898. Time spent in asylum to court as sentence. - When any convicted criminal lunatic has become of sound mind, and an order has been issued by Government for his return to jail, the time during which he was detained in the mental hospital shall be reckoned as sentence undergone.]

899. Procedure when a recovered lunatic has a relapse. - (1) When a recovered convicted criminal lunatic undergoing probation in a jail has a relapse of insa