DELHI PRISONS (INSPECTION, MEETINGS AND DUTIES OF OFFICERS) RULES, 1988

DELHI PRISONS (INSPECTION, MEETINGS AND DUTIES OF OFFICERS) RULES, 1988][1]

Rule 1. Short title and commencement.

(1)     These rules may be called the Delhi Prisons (Inspections, Meetings and Duties of Officers) Rules, 1988.

(2)     They shall come into force at once.

I. INSPECTION

Rule 2.

(1)     (a) The Inspector General shall inspect a prison including the prison hospital not less than once in six months.

(b) During the inspection, he shall notice failure of any Officer to comply with any of the provisions of the statutes, statutory rules, executive orders of the Delhi Administration and observations made by the Lieutenant Governor and himself during the earlier inspection and proceed to punish such an officer forthwith.

(c) During the inspection, he shall notice the failure of any prison Officer to inspect the prison as laid down in these rules and shall punish such officer forthwith.

(d) During the inspection, he shall prepare a list of the unconvicted prisoners who are confined in the prison for more than three months and shall furnish a copy of the same without any comment to (i) Chief Justice, Delhi High Court, (ii) Sessions Court and (iii) Delhi Administration.

(e) A copy of the inspection report of the Inspector General shall be sent to the Chief Secretary of the Delhi Administration.

(2)     (a) The Additional Inspector General shall inspect a prison including the prison hospital not less than once in six months so that the prison is inspected every quarter either by the Inspector General or by the Additional Inspector General.

(b) The contents of rules 2(1) (b), (c) and (d) shall apply mutatis mutandis during the inspection of the Additional Inspector General. The inspection report shall be submitted to the Inspector General (Prisons).

(c) Additional Inspector General shall be specifically responsible for inspecting the financial workings of the prison, audit-report and money transactions of all kinds.

(d) Additional Inspector General shall carefully examine and review all cases of furlough and parole during his inspection.

(3)     (a) The Deputy Inspector General shall inspect a prison including the prison hospital not less than once in four months.

(b) The contents of rules 2 (2) (a) and (b) shall apply mutatis mutandis during the inspection by the Deputy Inspector General. Two copies of the inspection report shall be submitted to the Additional Inspector General.

(c) The Deputy Inspector General shall be specifically responsible for inspecting the Offices of the Superintendent and the Resident Medical Officer so as to satisfy himself that all office procedures, store keeping, cash handling, remission given to the prisoners, admission of prisoners, release of prisoners, and like matters have been done meticulously in accordance with the provisions of law, rules, executive orders and by applying good judgment.

(d) The Deputy Inspector General shall note action taken on the inspection reports of the Inspector General and Additional Inspector General, inquire into the reasons of non-compliance, if any, and shall include his findings in his inspection report. In the event of non-compliance without sufficient reason, he shall prepare charge-sheet against the Officer concerned on the spot and shall proceed or cause proceeding against the Officer immediately.

(4)     (a) The Superintendent shall inspect his entire prison, his own journal and his own office once every month.

(b) The Superintendent shall record an inspection report and shall proceed to take action thereon himself when possible. Two copies of the inspection report shall be submitted to the Deputy Inspector General.

(c) The Superintendent shall compile a list of the references made by him to the Inspector General for which no replies have been received and shall attach this list with his inspection report.

(d) The Superintendent shall compile a list enumerating the paragraphs of the inspection reports of higher Officers, of audit, of important letters on which action has not been completed with reasons therefor and shall attach this list with his inspection report.

(5)     (a) The Resident Medical Officer shall inspect a prison, the prison hospital and his own office once every month. He shall confine his observation to medical and sanitation matters only.

(b) The contents of the sub-rules (3)(d) and 4 (b), (c) and (d) shall apply mutatis mutandis during the inspection of Resident Medical Officer :

Provided that the action indicated in these sub-rules shall relate to medical and sanitation matters and to Medical Officer and his staff :

Provided further that prior to framing charge against the medical staff, the Superintendent shall be consulted :

Provided that no consultation with the Superintendent shall be necessary if violations of medical procedure on medical ethics are observed.

(6)     (a) The Medical Officer shall inspect his entire prison, every ward, every prisoner and state of health of all warders, matrons and medical staff once in every month.

(b) The contents of the sub-rules (4)(b), (c) and (d) shall mutatis mutandis apply for the inspection by the Medical Officer :

Provided that the action indicated in these sub-rules shall apply to medical and sanitation matters only.

II. MEETINGS

Rule 3. Meeting of Inspector General.

(1)     The Inspector General shall take a meeting of Additional Inspector General, Deputy Inspector General, all Superintendents, Resident Medical Officer and all Medical Officers once in every month between 1230 to 1430 hours wherein the Superintendents and the Medical Officers shall be permitted to bring any matter concerning the prison directly for consideration of the Inspector General.

Meeting of Superintendent (2) The Superintendent shall take a meeting of Medical Officer, Deputy Superintendents, Assistant Superintendents, Head Warders and Matrons once in every month between 1230 to 1430 hrs. wherein the warders and the Matrons shall be permitted to bring any matter concerning the prison directly for consideration of the Superintendent.

Meeting of Medical Officer (3) The Medical Officer shall take a meeting of all Medical Staff once in every month between 1230 to 1430 hrs. wherein the medical staff may be permitted to bring any matter directly for consideration of the Medical Officer.

Other Meetings. (4) Nothing in these rules shall prevent the Inspector General or any Officer subordinate to him to take meeting for co-ordination of work or for any other purpose related with the functioning of the prison at any time and in any manner considered necessary.

III. DUTIES OF OFFICERS (A) INSPECTOR GENERAL :

Rule 4. Inspector-General of Prisons.

(a)      The Inspector-General of Prisons shall be the Head of the Department of Prisons in Delhi and shall be responsible for all matters relating to the prison, their control and management; funds and budget and every other matter that may be concerned with the Department of Prisons.

(b)      The Administrator may appoint the Inspector-General of Prisons as the Ex-Officio Special Secretary in the Home Department of the Delhi Administration to enable processing of cases with the Finance Department, Law Department etc., in file and expeditious issue of Government orders after approval of the Administrator.

(c)      When the Inspector-General of Prisons acts as the Special Secretary, he shall not act as the Head of Department within the meaning of Delegation of Financial Power Rules but may exercise, with prior sanction of Administrator, such additional powers that might have been delegated to him under rule 2 of the Delegation of Financial Power Rules, 1978.

(B) ADDITIONAL INSPECTOR GENERAL

Rule 5. Additional Inspector General of Prisons.

(1)     The Additional Inspector General shall be appointed as the Head of Department within the necessary provisions of Delegation of Financial Power Rules, when the Inspector-General relinquishes that charge on being appointed as the Ex-officio Special Secretary and shall exercise all the powers as enumerated in Schedule V of Delegation of Financial Power Rules excluding the ones not delegated to him by the Administrator by Special orders.

(2)     The Additional Inspector General shall be the Principal Staff Officer of the Office of the Inspector General and shall officiate and perform all duties of Inspector-General in latter's absence on leave or on duty outside Delhi, or otherwise.

(3)     The Additional Inspector General shall be incharge of budget, expenditure, purchases, contracts and other similar matters concerning the Department of Prisons but shall not re-appropriate any fund from one sub-head to another without the prior permission of Inspector-General or Administrator, as the case may be. In the beginning of each financial year, he shall allocate funds to the Superintendent and the prison hospital with the prior approval of the Inspector General.

 (C) DEPUTY INSPECTOR-GENERAL

Rule 6. Deputy Inspector-General of Prisons.

(1)     The Deputy Inspector-General shall be the Head of the Office of the Inspector General of Prisons within the meaning of the Delegation of Financial Power Rules.

(2)     The Deputy Inspector-General shall be a Staff Officer of the Inspector-General of Prisons and shall perform such duties as are delegated to him by the Inspector General of Prisons.

(3)     The Deputy Inspector-General shall be responsible for all duties which are assigned to him in these rules.

 (D) SUPERINTENDENT

Rule 7. Superintendent, Jail.

(1)     The Superintendent shall be the Head of Office with regard to the Office of the Superintendent of Prison within the meaning of the delegation of Power Rules.

(2)     The Superintendent shall exercise financial discipline and shall not exceed the allotment of funds made for his office by the Additional Inspector-General.

Rule 8. 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 Sessions Court and the Inspector-General of Prisons.

Rule 9. 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 ;

(c)      control all expenditure relating to the jail ;

(d)      enquire 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 under the provisions of sec. 46 of Act IX, 1894, and

(e)      take, generally, 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 the Prisons Act, 1894 and all provisions of the Prisons Act, 1894, and all rules, regulations, orders and directions made or issued thereunder, as may be applicable thereto or to say prisoner confined therein or any Officer thereof.

Rule 10. 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.

Rule 11. 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 which shall be submitted to the Deputy Inspector-General of Prisons.

(2)     The first duty of the Superintendent on the occasion of his 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 each convict.

Rule 12. Prisoner 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.

Rule 13. 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.

Rule 14. Superintendent to visit Jail periodically at night.

The Superintendent shall visit the Jail after lock-up and between the hours of sunset and sunrise at least twice a week.

Rule 15. 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 armour, 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.

Rule 16. Superintendent to visit hospital—Measures to prevent the spread of disease.

The Superintendent shall visit the jail hospital frequently and 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 be likely to suffer from any infectious or contagious disease. He shall whenever necessary, and without delay, take all reasonable measures for cleaning and disinfecting every place at any time occupied by any such prisoner or for washing, disinfecting by funigation 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.

Rule 17. 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 anti­scorbutics, 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.

Rule 18. Superintendent to check the sk and plans half yearly.

The Superintendent should check every article of store at least 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 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 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 Form-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, the Superintendent shall take immediate action to fix responsibility for the shortages among the officials concerned.

Rule 19. 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 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;

(c)      that every prisoner is clean both in person and clothing;

(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; and

(f)       the prisoners avail free legal aid where admissible.

(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 namely, arrange his bedding, spare clothing, history ticket and utensils on the front end of his sleeping mat and sit or stand at attention at the other end/exposing the palms his hands to the Superintendent's view.

Rule 20. 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.

Rule 21. 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 any beyond such premises.

Rule 22. 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 duties 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 and maintained in a conspicuous place in the jail office.

Rule 23. 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 for 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.

Rule 24. Superintendent to visit jail when an unusual occurrence is reported.

When the Dy. 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.

Rule 25. Record of sentence of whipping to be made by Superintendent.

The order for the punishment of any offence 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.

Rule 26. 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.

Rule 27. Superintendent to report all important references.

The Superintendent shall report at once by a detailed report to the Deputy 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 ; and

(c)      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.

Rule 28. Superintendent to accompany any official visitor.

(1)     The Superintendent shall accompany the Inspecting Officer and conduct him.

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

Rule 29. Superintendent to exercise vigilant control over receipts and expenditure.

(1)     The Superintendent shall at all times exercise a vigilant supervision and control over all money and property of whatever kind received by him or by any subordinate officers, 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 over all 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 up keep 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 expenditures 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 receipts 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 accounts are regularly and duly written up and that daily entries are made in day books; that each balance correspond with those entered in the books and that the latter are correct, and that outstanding are not allowed to remain unrealised longer than necessary. The Superintendent is liable for defalcations on the part of any number 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.

Rule 30. 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.

Rule 31. Superintendent to take 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 altercation of discipline or treatment in the case of any prisoner whose mind or body may, in the opinion of the Medical Officer, require it.

Rule 32. Superintendent to enter his orders in the order book.

The Superintendent shall enter in a journal to be maintained for the purpose every order given by him relative to the management and discipline of the jail, and shall satisfy himself that every such order is duly carried into effect. The journal shall be sent to the Deputy Inspector General every Saturday morning with a messenger.

Rule 33. Procedure upon charge of Officer appointed as 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 upto date and in good order and that the cash balance, permanent advance and accounts are complete and duly kept. He shall make a note, in writing, of the defects, deficiencies or irregularities (if any) defected at the time of taking over charge or immediately, thereafter, and shall inform the Deputy Inspector-General thereof.

Rule 34. Reports and Statistics to be supplied by Superintendent.

(1)     The Superintendent shall, from time to time, regularly and punctually submit to the Deputy Inspector General all such special or periodical:—

(a)      returns of statistical information ;

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

(c)      bills, vouchers and other original documents;

(d)      reports and other information.

(3)     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 the Deputy 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 year 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.

(4)     The annual report shall be forwarded to the Deputy Inspector-General.

Rule 35. 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 pasted 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 organized 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 sealing ladders and the various duties they may be called on to perform in case of fire ;

(c)      a plentiful supply of water at all times and in convenient places;

(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 of 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.

(E) MEDICAL OFFICER

Rule 36. 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 whenever 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.

(3)     The Medical Officer shall visit the cook-house and ensure the quality and quantity of ration before and after cooking.

Rule 37. 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.

Rule 38. Record by Medical Officer on admission and discharge of prisoners.

In addition to complying with the provisions of Chapter IV of the Prisons Act, 1894 in regard to the admission, removal and discharge of prisoners, the Medical Officer shall record :—

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

(a)      the state of 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 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.

Rule 39. Duty with regard to sick prisoners malingerers.

(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.

Rule 40. 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 yelling and in respect of gangs specially employed, which he may deem necessary on medical grounds.

Rule 41. 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.

Rule 42. Medical Officer's duty on the appearance of infectious diseases.

(1)     The Medical Officer shall, in the event of the appearance of infectious disease of any kind among the prisoners or Officer 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 disease are promptly taken and that the rules and orders regulating such matter are fully enforced.

(2)     Immediately upon the appearance of any case of infectious or any disease which is likely to assume an epidemic form, the Medical Officer shall consult with Resident Medical Officer and report the fact to the Superintendent for the information of the Inspector General.

Rule 43. 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.

Rule 44. 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 cause a complete and regular postmortem examination of the body of the deceased. In the event of several deaths, resulting from any prevailing epidemic, a postmortem examination shall be made in one or more cases to be selected by the Medical Officer.

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

Rule 45. 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.

Rule 46. Duties of the Medical Officer with regard to medicines, medical stores and indents.

The Medical Officer shall—

(a)      submit for the sanction of the Resident Medical Officer, a yearly indent for medicines and medical stores.

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

(c)      satisfy himself that poisons are kept separate from other medicines, properly labelled and under lock and key;

(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 medicines, instruments and appliances debited to the jail and all bazar medicines and medical stores charged in the jail accounts, are faithfully and solely expounded in the service of the jail; and

(g)      submit a report to the Resident Medical Officer every year in January on the medical and sanitary administration of the jail.

Rule 47. Instruction of Medical Officer to be followed.

(1)     All Medical Officers, subordinate to the Medical Officers, shall perform such duties as are assigned to them by the Medical Officer.

(2)     The Medical Officers subordinate to the Resident Medical Officer shall perform such duties as are assigned to them by the Resident Medical Officer.

(F) DEPUTY SUPERINTENDENT

Rule 48. Deputy Superintendent is a gazetted Officer.

The Deputy Superintendent shall be a gazetted Officer.

Rule 49. Duties of Deputy Superintendent generally.

(1)     The Deputy Superintendent shall be the Chief Executive Officer of the jail and shall discharge his duties under the immediate direction and orders of the Superintendent.

(2)     It shall be the duty of the Deputy Superintendent strictly to enforce, or cause to be so enforced, all laws, 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.

Rule 50. Residence of Deputy Superintendent—Other employment prohibited.

The Deputy Superintendent shall reside in the prison unless the Superintendent permits him in writing to reside elsewhere.

Rule 51. 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 the 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.

Rule 52. 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 of 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 times and for such periods as the Superintendent may specify, or when required to appear in a Court of Justice, or when leave of absent is permitted by the Superintendent.

Rule 53. 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 affecting the jail and shall daily record the journal 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. The journal will be sent to the Superintendent every week.

Rule 54. Deputy Superintendent not to delegate his duties without permission.

If the Deputy Superintendent is at anytime 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 officers.

Rule 55. 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 superintendent 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.

Rule 56. 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 appeal and in such case shall provide him with a complete jail outfit;

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

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

Rule 57. Effects of prisoners custody thereof.

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.

Rule 58. 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.

Rule 59. 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.

Rule 60. 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 place frequented by prisoners, to be thoroughly searched for prohibited articles.

Rule 61. 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.

Rule 62. Deputy Superintendent, when required to accompany Officers and Visitors.

The Deputy Superintendent shall, whenever required so to do, accompany every Inspecting Officer and visitor, on their visits to the jail.

Rule 63. 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 Offices held by whom uniforms are prescribed, wear such uniforms in the prescribed manner at all times when such uniform is required to be worn;

(c)      the prescribed roster of attendances and duties is carried into effect ;

(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.

Rule 64. 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 of absence for a period not exceeding four hours at any time to any subordinate Officers:

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.

Rule 65. 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 ;

(c)      check the muster roll and satisfy himself that every prisoner is present or accounted for ;

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

Rule 66. Custody of Government property—Periodical sk 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 sk frequently, and shall from time to time examine and verify the accounts and registers maintained.

NOTE:— Sk should be taken of the articles in the "Issue" godowns once a month.

(2)     Custody of Government property—Half yearly sk taking.

The Deputy Superintendent should check every article of store at least 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 Deputy 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 Superintendent checks 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 Deputy Inspector-General soon after the 1 st January and the Ist July each 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, the Superintendent shall take immediate action to fix responsibility for the shortages among the Officials concerned.

Rule 67. 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;

(c)      the time prisoners began work ;

(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.

Rule 68. 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 restraint to any prisoner; any violent outbreak or serious offence, accident, death or other occurrence out of the ordinary routine ; applications 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 for manufactory or jail purposes and a note showing the necessity for the same.

Rule 69. 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.

Rule 70. 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 peculation 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 money are handed over to the Cashier.

Rule 71. Deputy Superintendent to be 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 Deputy Superintendent along with the Assistant Superintendents shall at least once a week personally search the relieved and relieving night guards between the gates.

Rule 72. Deputy Superintendent to be 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. The Deputy Superintendent shall be responsible for all stores, etc. not of pertaining to the manufactory Department, and shall similarly render an account of them.

Rule 73. Deputy Superintendent to be responsible for scales, weights, stores, and the state of the godown.

The Deputy Superintendent shall be responsible :—

(a)      that the scales, weights 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 store supplied to the jail, or cause such to be done under his personal supervision, and

(b)      for the states of the jail store rooms and their inaccessibility to convicts and others not authorised to.

Rule 74. 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 subordiate, in no way relieve the Deputy Superintendent of the responsibilities 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.

NOTE:—The Deputy Superintendent should report monthly in the journal on the state of the registers in charge of each of his subordinates.

Rule 75. Responsibility for economy in every Department.

The Deputy Superintend­ent shall promise 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, utilise 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.

Rule 76. Duty of Deputy Superintendent on change of Superintendent.

When a 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 specifically relating to the 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.

Rule 77. Assistant Superintendent subordinate to Deputy Superintendent and Senior Asstt. Superintendent —Duties prescribed.

(1)     Assistant Superintendent shall be subordinate to the Deputy Superintendent and Sr. Asstt. Superintendent and shall obey the orders of those Officers, respectively.

(2)     The Assistant Superintendent shall take the place of the Deputy Superintendent when either or both of these officers in 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 time 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.

Rule 78. Female Assistant Superintendent—Duties of Matrons and female Ward­ers.

(1)     The jails having a female ward, there shall be a female Assistant Superintendent and matron, who shall, subject to the control of the Superintendent and Deputy Superintendent, have complete charge of all female prisoners at any time committed to, or detained in, the jail.

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

Rule 79. Female warders not to permit males to enter female wards.

No operation shall permit any male prisoners to have access to or enter any female ward or cell or any female jail or portion of any jail allotted to or reserve for the use of or for occupation by female prisoners unless accompanied by the female Asstt. Superintendent in accordance with the Rules, Regulations and Orders for the time being in force.

Rule 80. Communication with male prisoners forbidden.

No matron shall at any time, on any pretext, held any interview, in course of communication of any kind whatsoever with any male prisoner, or visit any part of any jail allotted to or reserved for or occupied by any male prisoner.

Rule 81. Duties of female Warder in regard to sick and children.

(1)     It shall be the duty of every warder to call the attention of the Medical Staff 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, at any time in the jail, receives the diet prescribed for it.

 (G) HEAD WARDERS

Rule 82. 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 escape 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 work gangs ;

(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, if the prisoner's 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 ;

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

(o)      cause all bamboos, scantlings, pools, 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 ;

(p)      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;

(q)      in the presence of the Deputy Superintendent to court, march and look the prisoners up in their respective wards, cells and other compartments, at the prescribed time, each evening; and

(r)      check the uniform of the warders and give them half an hour's drill daily.

Rule 83. 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.

Rule 84. How the relief of Warders is to be carried out.

Warders while going on to 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 near 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.

Rule 85. Custody of Keys.

(1)     The keys of the jail shall when not in use or in the personal custody of any officer of the jail, be kept in a locked receptable to be kept in the room between gates, and the key of such room tacle 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.

Rule 86. Duties of Head Warder 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;

(c)      inspect daily all arms and accountrements and see that they are kept clean and fit for immediate use ;

(d)      take charge of the armoury, ammunition and spare accountrements, keep the keys of the armoury in his possession, see that the ammunition is kept dry and in good order, and that ten rounds of bayonet 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 sk-received and expanded.

Rule 87. Report to be made by Head Warder on arrival of Superintendent.

The Head Warders 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 matters of importance that has come to his knowledge.

Rule 88. A gate-keeper to be on duty-Record of reliefs.

(1)     A head warder specially appointed as gate-keeper shall be constantly on duty 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-keepers, note of the hours of such relief shall be recorded and signed by both the relieved and relieving Officer.

 (H) GATE-KEEPER

Rule 89. 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 gatekeeper 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 regress 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.

Rule 90. Record of persons and things passed into or out of the jail.

The gatekeeper 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 exist 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.

Rule 91. 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 hour and 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.

Rule 92. 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.

Rule 93. Working of the double gate system.

Jails are provided with 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 regress 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. The main gate shall be opened only under the supervision of an officer not below the rank of an Assistant Superintendent for permitting stores to come in and under the order of the Superintendent for all other purposes.

Rule 94. Procedure when passing prisoners into or out of the jail.

When prisoners have to be passed into or out of a 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 the 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 rewritten on each occasion of its passage through the main gate, and every change in the gang must 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 gatekeeper 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.

Rule 95. 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.

Rule 96. 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 authorised to enter, unless under a written order from, or when accompanied by the Superintendent, the Inspector-General, or the Magistrate of the District.

Rule 97. Officials 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, shall ordinarily be exempt from being searched.

(2)     Should 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.

Rule 98. 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.

Rule 99. 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.

Rule 100. Making over the keysof 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.

Rule 101. A duplicate of keys—Patrolling officer.

A duplicate of the key kept by the patrolling officer under the preceding Rule 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 officers on duty within.

Rule 102. Keys of main gate—How to keep with.

The gate-keeper 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.

Rule 103. Gatekeeper to keep light burning at Night.

A bright light suspended from the ceilling shall be kept continuously burning between the gates at night.

Rule 104. Gatekeeper to keep intact things in main gate.

In the passage between the main gate shall ordinarily be kept :—

— a clock;

— 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-keepers' books and writing materials;

— a wall-almirah or box for keys;

— a box for torches and oil, electric torches and batteries;

— apparatus for extinguishing fire; and notice boards.

 (I) WARDER

Rule 105. 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 all duties and functions connected with the protection and management of the Jail.

Rule 106. Rewards.

(1)     Good conduct stripes not exceeding three in all and two on any one occasion may be given to a warder for good service within the course of his duties such as —

(a)      Special excellence in drill.

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

(c)      Rendering prompt first aid in case of accidents.

(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 recipient 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.

(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 away 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 jail shall refer every case for the grant of good conduct stripes to the Deputy Inspector General.

(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. 500/- in any one case, to a warder or head warder also for the following:—

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

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

(c)      Securing the highest number of marks in the annual firing competition.

(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) Other miscellaneous services.

(10)   The Inspector General may grant a reward not exceeding Rs. 500/- to any person other than an officer of Jails Department who furnishes valuable information e.g., as regards stolen Government property, misconduct of warders, etc.

Rule 107. 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 work-shop or set of work-shops, or a gang of prisoners either inside or outside the jail. The posts and duties of warders shall be frequently changed so as to prevent them forming relations with any of the prisoners.

Rule 108. General duties of warders.

It shall be the duty of every warder at all times 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 order 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 accoutered 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 orders, quailing 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.

Rule 109. 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 alone the correct number, but the particular prisoners for whom he is responsible ;

(c)      to search all prisoners he received 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 about 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 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 III 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 such prisoner comes to his proper place in proper dress 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.

Rule 110. 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 post 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 rates 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.

Rule 111. 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 is correct.

Rule 112. Duties of a warder on being relieved.

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.

Rule 113. Arms of warders.

(1)     Every warder shall be provided with military fire-arm and ammunition.

(2)     All arms and ammunition shall, when not in actual uses be securely kept in the armoury.

Rule 114. 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 sentries and all matters relating to the protection of the jail and of prisoners and the duties of warders 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 matter as to which no provision has been made in any such order, by the orders of the Superintendent.

Rule 115. Warder guard to furnish sentry, and assist in night watch position and arming of sentry.

(1)     There shall be one sentry at the main gate day and night and he shall assist in watching at night to the extent prescribed by the Superintendent.

(2)     The day's 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 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.

Rule 116. To provide a second sentry in Central Jails.

The control tower and other commanding position shall be guarded by sentries. This sentry shall be on duty before the wards are opened in the morning till after the lock-up at night. If this beat is secure from a "rush", he shall be armed with a rifle, bayonet and ammunition; otherwise he shall be provided with a baton.

Rule 117. 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.

Rule 118. Hours that the warders are to be in uniform.

Every warder shall be in uniform when on duty and attending drill parade.

Rule 119. 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 Khandha Shast" and not to "Barju Shast" nor stand 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 ;

(c)      not to interfere unnecessarily with any prisoner or jail 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 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 satisfy himself that the main gates and wickets are securely locked ;

(i)       not to allow persons to crowds around him ;

(j)       if he sees a prisoner attempting to escape, to call on him to stand, and if he refused 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 in charge 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 an official duly authorised to enter or leave, and not to permit any 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 to give notice to these officers of the approach of any visitors.

(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.

Rule 120. 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 this arrival at the jail, shall present "Salami Do". If an official or non-official visitor arrives while the parade is in progress, the guard shall also "Salami Do" to the visitor. At other times the gate picket shall turn out and stand to "Savdhan".

Rule 121. Escorts for visitors.

The escort for an official, non-official or private visitor to a 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.

Rule 122. Courtesy to officers by Sentry.

The sentry in the gate shall present a "Salami Do" to the Superintendent and officers higher than the Superintendent in rank and to all officers of the rank of or of higher rank than that Deputy Commissioner of Police of equivalent ranks paramilitary ; forces of Major of the Army or equivalent ranks of Navy and Air Force and "Butt Salami" to the officers of the rank or of rank higher than that of the Assistant Superintendent of Prison, Sub-Inspector of Police or equivalent rank in paramilitary forces or Naib-Subedar of Army or equivalent ranks of Navy or Air Force.

(J) CONVICT OFFICERS

Rule 123. Three grades of convict officers.

There shall be three grades of convict-officers, namely, convict-watchmen, convict-overseers and convict warders.

Rule 124. Appointments to be made by the Superintendent.

All appointments to the position of convict-watchmen, convict-overseer and convict-warder, respectively, shall be made by the 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.

Rule 125. Qualifications for appointment to the position of convict officer.

A prisoner who is physically and mentally fit to perform that duties of a convict watchmen, 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 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;

(c)      he has completed one-third of his substantive sentence;

(d)      he is well-behaved and an industrious prisoner;

(e)      he has at the time of his appointment earned at least three-fourths of the remission which it was possible for him to obtain; and that

(f)       he has not been convicted of cheating, 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-fourths of the remission which it was possible for him to obtain;

(c)      he has served half his sentence;

(d)      his work as a watchman has given satisfaction; and that

(e)      he has a fixed abode.

(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;

(c)      his work as a convict-overseer has been satisfactory.

Rule 126. The general duties of convict-officer.

(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 the charge, and to report the same;

(e)      report cases of sickness and use of the latrine otherwise than at the times specified in that behalf;

(f)       assist in quailing any disturbance and, in case of necessity, defend any official;

(g)      perform such task as may be allotted 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 walls 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 at night, in the manner prescribed for warders;

(c)      see that prisoner 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-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.

Rule 127. 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 of 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 officer.

Rule 128. Strength of convict-officers.

The total number of convict-officers shall be fixed by the Inspector-General, subject to a maximum of 10 per cent of prisoners.

 (K) OFFICERS GENERALLY

Rule 129. Superintendent only to punish prisoners—Improper language to be avoided.

(1)     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.

Rule 130. 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 impartiality 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 competable with a firm and effective discharge of his duties, subject to the foregoing provision of the 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.

Rule 131. 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, and a prisoner has no right of private defence against prison officers' action in the discharge of their duty and every officer may use all force necessary to resist any force used by prisoners against lawful authority.

Rule 132. Prisoners not to be employed on private work.

No officer of any jail shall, save as authorised by any provision of any rules 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 prisoner.

Rule 133. Immediate report of misconduct and the like to be made.

It shall be the duty of 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 disobediance 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.

Rule 134. 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.

Rule 135. 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 utmost vigilance, for the purpose 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 arty 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 provisions of any law, rule, regulation, direction or order, for the time being in force, or in any way applicable to the jail or any prisoner confined therein.

 (L) SUBORDINATE OFFICERS

Rule 136. 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 order of the Medical Officer.

Rule 137. Prohibition against business and pecuniary transaction.

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.

Rule 138. 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 reside within such distance of the jail as the Superintendent may, from time to time, in his discretion fix in that behalf.

Rule 139. 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.

Rule 140. 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 the 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 Deputy 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 has at any time been 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.

Rule 141. 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 the jail or performing his duties, he shall forthwith give notice by telephone or cause notice of the fact to be given by telephone to the Deputy Superintendent and shall also communicate to that officer in writing the reasons for his absence or failure to perform his duties. The Deputy Superintendent shall thereupon make such arrangements as may be suitable and necessary for the due performance of the duties of such officer.

Rule 142. Officers to ascertain & 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 to discharge his duties with real efficiency, honesty, alacrity and regularity. Lack of knowledge of rules and orders or law shall not be excused.

Rule 143. 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, and the important orders by him to others.

Rule 144. 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.

Rule 145. Prohibition against communicating with prisoners, their relatives and friends.

(1)     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 unauthorised communication of any kind whatsoever with any prisoner;

(c)      correspond or hold any intercourse whatever with any discharged prisoner; or

(d)      permit any discharge 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

(c)      discuss any matter relating to the discipline or regulations of the jail with or within the hearing of any prisoner.

Rule 146. Matters concerning the wearing of uniform, cleanliness required.

(1)     Every subordinate officer in respect of the office held by him, shall wear uniform at all times when on duty, within jail premises or in any public place, may, either uniform or private clothes 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.

Rule 147. Officers to remain at their beats—Idleness laughing etc. 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 laughing about the jail premises are at all times prohibited.

(2)     The making of frivolous, vexatious or false pretexts on duty, smoke or drink, or sing or talk loudly, or cook or eat his food, or in any way conduct himself in an unseemingly or disorderly manner, is prohibited.

Note: All wrongly or disputes between jail officers and servants is prohibited. Any disagreement between subordinate officers, as to any matters connected with their duties, must be at once referred to the Deputy Superintendent.

Rule 148. 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.

Rule 149. Procedure as to the making ofcomplaints.

(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 concurrence of the cause of complaint.

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

Rule 150. 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 for any other purpose whatsoever.

Rule 151. 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 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 by whom all duplicate keys of locks in use in jails are remained, on his furnishing that officer with a certificate to the effect that the original has been destroyed in his presence.

Rule 152. 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 Prisons Act particulars showing whose permission is necessary and to whom notice must be given in regard to the matters dealt with therein.

Rule 153. 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 closure, yard, 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.

(h)     - -   - -

(i)       - -   - -

(j)       - -   - -

(k)      - -   - -

(l)       - -   - -

[(m) Technical posts of jail factors.

Rule 154. Assistant Factory Supervisor.

The Assistant Factory Supervisor shall perform and discharge the following duties and responsibilities, namely:—

(1)     General supervision of all sections of Jail Factory.

(2)     Supervision of store of each section and main store of the factory.

(3)     Proposing action against convicts, who do not complete the work allotted to them.

(4)     Checking of daily task sheets andensuring monthly wages of convicts.

(5)     Checking quality of raw material for all sections of factory and to ensure that only good quality of raw material is supplied in the Jail factory.

Rule 155. Weaving Master.

The Weaving Master shall perform and discharge the following duties and responsibilities, namely:—

(1)     Imparting vocational training to the convicts in the Jail.

(2)     Getting items manufactured/produced for sale or use in the Jail.

(3)     Maintaining task sheets and to guide prisoners in doing work allotted to them.

(4)     Ensuring achievement of the daily target of labour/job work from each prisoner.

(5)     To supervise and ensure that the raw material is consumed according to the approved scales.

(6)     To bring to the notice of the Assistant Factory supervisor any shortfall or deficiency in the daily task allotted to each convict.

(7)     To maintain Register (previously numbered 47-A) showing receipt of raw material from store, its utilisation and products made from it.

(8)     Orderly and regular maintenance of machines and tools in the section.

Rule 156. Carpentry Master.

The Carpentry Master shall perform and discharge the following responsibilities namely:—

(1)     Imparting vocational training to the convicts employed in the Carpentry Section of Jail Factory.

(2)     Getting items manufactured/produced for sale or use in the Jail.

(3)     Maintain task sheets and to guide the prisoner in doing work allotted to them.

(4)     Ensure achievement of daily tasks of labour/work from each prisoner.

(5)     To supervise and ensure that the raw material is consumed economically according to scales approved by the superintendent.

(6)     To bring to the notice of the Assistant Factory Supervisor any shortfall or deficiency in the daily task allotted to each convict.

(7)     To maintain Register (Previously numbered 47-A) showing receipt of raw material from store, its utilisation and products made from it.

(8)     Orderly and regular maintenance of machines and tools in the section.

Rule 157. Tailor Master.

The Tailor Master shall perform and discharge the following duties and responsibilities namely:—

(1)     Imparting vocational training to the convicts employed in the tailoring section of the Jail Factory.

(2)     Getting items manufactured/produced for sale or use in the jail.

(3)     Maintain task sheets and to guide the prisoners in doing work allotted to them.

(4)     To ensure achievement of the daily task of labour job work by each prisoner.

(5)     To supervise and ensure that the raw material is consumed economically according to the scale approved by the Superintendent.

(6)     To bring to the notice of the Asstt. Factory Supervisor any shortfall or deficiency in the task allotted to each convict.

(7)     To maintain Register (Previously numbered 47-A) showing receipt of raw material from store, its utilisation and products made from it.

(8)     Orderly and regular maintenance of machines and tools in the tailoring section.

Rule 158. Mistri Fitter.

The Mistri Fitter shall perform and discharge the following duties and responsibilities namely:—

(1)     Repair of all machinery and tools in the Jail Factory.

(2)     Imparting training to the convicts for making soap, phenyle and other products, and also to maintain high standard of quality in their manufacture.

(3)     Maintenance and operation of Expellor of Mustard Oil installed for meeting need of Jail Kitchens.

(4)     Maintenance of Register (Previously numbered 47-A) showing receipt of raw material, its utilisation and also the production of goods therefrom.