DELHI PRISONS (TRANSFER OF PRISONERS, LABOUR AND JAIL INDUSTRY, FOOD, CLOTHING AND SANITATION) RULES, 1988

DELHI PRISONS (TRANSFER OF PRISONERS, LABOUR AND JAIL INDUSTRY, FOOD, CLOTHING AND SANITATION) RULES, 1988][1]

Rule 1. Short title and commencement.

(1)     These rules may be called 'Delhi Prisons (Transfer of Prisoners, Labour and Jail Industry, Food, Clothings and Sanitation) Rules, 1988.

(2)     These rules shall come into force at once.

I. TRANSFER OF PRISONERS

Rule 2. Circumstances of removal.

Prisoners may be removed from one prison to another prison inside Delhi for the following reasons that is to say :

(a)      custody and treatment in a prison in accordance with the classification of prisons by Delhi Administration;

(b)      medical grounds;

(c)      humanitarian grounds, and in the interests of their welfare and rehabilitation;

(d)      providing essential services in prisons;

(e)      grounds of security, expediency or overcrowding in prisons, or

(f)       any other ground recorded in writing in that behalf.

Rule 3. Superintendent to remove prisoners with sanction.

(1)     Subject to the provisions of this rule, no prisoner from one prison to another prison inside Delhi shall be removed by a Superintendent without previous sanction of the Inspector General of Prisons.

Provided that no such sanction shall be necessary :

(a)      in any case which in the opinion of the Superintendent is emergent;

(b)      in the following cases, that is to say :—

                                                              (i)          Removal of prisoners according to classification of prisoners as per standing orders in force;

                                                             (ii)         Removal of prisoners on urgent medical grounds.

(2)     The Superintendent shall immediately after the removal, report the removals falling under the proviso to sub-clause (1), to the Inspector General or when the Inspector General by general or special orders required such reports.

Rule 4. Removal of certain prisoners to Special Prison or Prisons where habitual offenders are confined.

If in the opinion of the Superintendent any prisoner is of so desperate and vicious a character as to exercise an evil influence on other prisoners, the Superintendent shall refer the cases of removal of such prisoners to the Inspector General for his orders.

Rule 5. Removal on medical grounds.

Where the Medical Officer is of the opinion that the removal of a sick prisoner to another prison is absolutely necessary to save his life and if such removal is likely to lead to his recovery, he shall submit a brief statement of the case to the Superintendent.

Rule 6. Removal of Prisoners sentenced to solitary confinement.

Prisoners sen­tenced to solitary confinement shall not be removed to prisons where there are no solitary cells.

Rule 7. Removal of convict officers.

No convict officers of any grade shall be removed to another prison without the sanction of the Inspector General.

Rule 8. Restrictions on manner of removal of prisoners.

Prisoners shall not, as far as possible, be removed on Sundays and gazetted holidays or before the lock-up of the prison

Rule 9. District Magistrate and District Superintendent of Police or Commissioner of Police, Delhi to be informed of certain removals before hand.

Where the removal of an) prisoner is likely to attract public attention, the Superintendent shall send an advance intimation of such removal to the Commissioner of Police.

Rule 10. Procedure before removal.

(1)     No prisoner shall be removed without first ascertaining whether accommodation available at the receiving prison to which he is to be removed.

(2)     The Superintendent of the receiving prison, will be informed of the date of departure and the probable date and time of arrival of the removed prisoners, by the Superintendent of removing prison.

Rule 11. Details about prisoners to be supplied beforehand to Police.

Full details of the tollowing classes of prisoners shall always be supplied beforehand to the Police by the Superintendent of the removing prison :—

(a)      Dangerous prisoners,

(b)      Prisoners sentenced under section 224 of Indian Penal Code and those who are prone to escaping.

(c)      Prisoners who are members of a gang and are removed as such.

Rule 12. Transfer of prisoner from one State to another (Transfer of Prisoners Act 1950) (Act 29 of 1950).

(1)     Where any prisoner is confined in prison in Delhi.

(a)      under sentence of death, or

(b)      under, or in lieu of, a sentence of imprisonment or imprisonment for life, or

(c)      in default of giving security for keeping or for maintaining good behaviour; The Government may, with the consent of any other State/Union Territory by order, provide for removal of the prisoner from that prison to any prison in the other State/ Union Territory.

(2)     The officer-in-charge of the prison to which any person is removed under sub-rule (1) shall receive and detain him, so far as may be accordingly to the exigency of any writ, warrant or order of the court by which such person has been committed, or until such person is discharged or removed in due course of law.

Rule 13. Convict to be transferred to undergo sentence.

The Superintendent may initiate removal of the following classes of convicts through the Inspector General to be transferred to the prison of another State/Union territory.

(a)      convicts whose transfer is necessary to relieve or prevent overcrowding;

(b)      convicts with special qualifications, when their services are required elsewhere,

(c)      convicts with influence in the district in which they are confined or who are violent or dangerous characters;

(d)      convicts whose transfer is necessary for the benefit of their health;

(e)      convicts whose transfer for any other reason is necessary or desirable,

Rule 14. Procedure when a convict is unfit to travel.

Any convict who, by reason of illness, is not in a fit condition to travel the time he would ordinarily be transferred for release but who subsequently becomes fit to travel, in time to allow him to reach his destination before his sentence expires, shall be transferred when he becomes fit to travel.

Rule 15. Prisoners not ordinarily to be transferred.

(1)     No convict will ordinarily be transferred from Delhi jail to which he was in the first instance committed, unless as a measure to prevent or overcrowding, if he :—

(a)      has appealed and the appeal has not been disposed of;

(b)      has not appealed and the time for appealing has not elapsed;

(c)      is confined in default of finding security; or,

(d)      is confined in default of payment of fine.

(2)     The transfer of prisoners should be avoided so far as possible, during the hot months of summer.

(3)     Convicts over 45 years of age or infirm convicts shall not ordinarily be transferred.

(4)     The Superintendent shall bring the circumstances of clauses (1), (2) & (3) to the notice of Delhi Administration immediately.

Rule 16. Document etc. to be sent with a prisoner.

The following documents such be sent with each prisoner transferred :—

(a)      his warrant;

(b)      his descriptive roll ;

(c)      separate lists of the Government and personal property accompanying him and

(d)      his history-ticket written up to date.

Rule 17. Action when a transfer order cannot be carried out.

When an order received for the transfer of any convict cannot be given effect to. owing to illness, release on appeal or other cause, the descriptive roll of the convict on which sanction to the transfer ­was conveyed, shall be returned to the Inspector General with an endorsement showing the reasons why the order was not given effect to.

Rule 18. Jail official to accompany prisoners.

(1)     A jail official shall accompany prisoners on transfer when their number exceeds ten. The Government property, documents and private effects sent with the prisoners shall be in his charge.

(2)     The Deputy Superintendent must satisfy himself before the prisoners leave the jail that all necessary arrangements have been made to provide them and that the jail officials and warders understand their duties in this connection.

Rule 19. Notice of intended despatch to be sent to Police.

Notice of the intended transfer of prisoners or the production of prisoners before a court shall be given in writing to the Police authorities at least 96 hours before the guard is required. Earlier intimation should be given whenever possible. Requisitions for a Police guard should state the number and class of prisoners to be guarded, male or female, and whether there are any violent or dangerous characters amongst them.

Rule 20. Scale of Police escort for prisoners.

The scale of police escort for prisoners will be detailed by the Commissioner of Police.

Rule 21. Convicts to be handcuffed before removal.

Male prisoners under sentence for an offence, shall be handcuffed before being removed from jail at the discretion of the Command-in-officer of police guards.

Rule 22. Diet of prisoners removed from jail.

(1)     The Inspector General of Prisons shall, from time to time, fix the scale of diet for prisoners removed under these rules, and the officer in charge of the escort shall provide that such prisoner receives diet as nearly as possible in accordance with such scale. Where the court in which evidence is to be given is situated at the same station as the jail from which the prisoner is removed, the officer in charge of the jail shall supply the prisoner's food ready cooked.

(2)     When the court as aforesaid is situated at a distance, the estimated cost of the prisoner's rations shall be paid to the officer in charge of the Police escort by the officer in charge of the jail.

Rule 23. Money advance for road expenses.

A sum of money sufficient to meet all expenses together with a warrant credit note for the fares required if the journey is to be performed by rail, shall be made over to the warder in charge or the officer in charge of the escort, as the case may be, by the Superintendent of the despatching jail.

Rule 24. Different kinds of conveyance by rail.

(1)     Prisoners may be conveyed by rail in :—

(a)      ordinary second class carriages;

(b)      second class carriages with irongated windows and iron railings between the compartments, and

(c)      prison vans.

(2)     (a) When the prisoners escorted are aged, feeble, sick, crippled, women, children, or are accused of minor offences, or are not desperate characters, or are harmless lunatics, or where the "number of persons including the escort does not exceed five, they may be conveyed in ordinary second class carriages. The escort shall sit on each side of the prisoners and guard the doors.

(b) Prisoners of exceptionally dangerous character, who require extra vigilance for their safe custody shall be conveyed in custody by jail in prison vans only. If prison van is not available, alternative mode of transportation may be sent by the Commissioner of Police.

Rule 25. Notice to Railway authorities Class of train.

(1)     At least 96 hours notice must be given by the Superintendent to the District Traffic Superintendent concerned, of the number of persons, both prisoners and guards, for whom reserved accommodation is required and the particular train by which it is desired to despatch them.

(2)     Prisoners on transfer shall be despatched by ordinary passenger train except when it may be necessary for special reasons to despatch them by mail train.

Note 1. The requisition should state whether "ordinary reserved or prison accommodation of one or more 2nd class compartment or carriages with prison gratings or prison vans" are required.

Note 2. When 2nd class reserved accommodation is required for a party of prisoners and its escort, it should be seen that the number of compartments required is distinctly stated by the requisitioning officer, and that the number of compartments requisitioned will suffice for the number of prisoners composing the party taking the maximum number that can be allowed to travel in one compartment.

Rule 26. Adjustment of expenses.

(1)     With the exception of expenditure incurred by the Police escort, all the expenses connected with the transfer of prisoners shall be borne by the Jail.

(2)     The Superintendent shall furnish the Warder in charge or the Police officer, as the case may be, with a Railway pass on the credit note system, for the prisoners and the Warder, if one accompanies the gang.

(3)     Where there is a night journey, double accommodation should, if possible, be provided.

Rule 27. Prisoners to be searched before transfer Receipt to be taken.

(1)     When the prisoners are about to be transferred, they shall be paraded inside the jail, and the Superintendent shall satisfy himself that the clothing and bedding of each prisoner is in good order and in proper quantity.

(2)     They shall be carefully searched in the presence of the Deputy Superintendent and the officer in command of the Police escort, from whom a receipt shall be taken for the prisoner's property and documents made over to him.

Rule 27A. Classes to be kept separate on transfer.

Female prisoners shall, when on transfer, be kept completely apart from male prisoners and the youthful males from adult males. Further separation of the various classes should be carried out as far as practicable.

Rule 28. Telegram to be sent on the despatch ofprisoners.

Immediately on the departure of prisoners, the Superintendent shall send a telegram to the Superintendent of the Jail to which they are proceeding, accounting the number of prisoners and the date and hour of their despatch.

Rule 29. Time of arrival of prisoners.

As far as practicable, prisoners should be despatched so as to reach the jail to which they are being transferred between the hours of opening the wards in the morning and lock-up. As far as possible, their despatch should be timed so that they shall not arrive on a Sunday.

Rule 30. Duties of the warder or Police officer in-charge of prisoners.

The presence of a warder with prisoners on transfer in no degree affects the responsibility of the Police officer charged with their escort and safe custody. The duties of the warder shall be :—

(1)     to provide the daily rations required, arrange when necessary for the cooking of the same, and see that the prisoners are plentifully supplied with drinking water ;

(2)     to preserve carefully and responsibly for the safe custody and safe delivery of the documents and property of all sorts sent with the gang;

(3)     to return safely to the jail from which the gang was despatched, the clothing and other Government property sent with the prisoners ;

(4)     to take receipts from the Deputy Superintendent of the receiving at jail for the prisoners' property and documents made over; and

(5)     to use every endeavour to secure the immunity of the prisoners from sickness and injury ;

(6)     to inform Station masters of important stations on the route in advance of any requirements in the way of water, food etc. that may be needed on the journey;

(7)     to provide (a) one pail full of water for every 10 prisoners or friction thereof if the van does not possess its own water tank, (b) one lota full of water to each prisoner, and (c) one pail full of water in the latrine for cleaning purposes ;

(8)     to allow only authorised food on the journey.

(9)     When the prisoners are not accompanied by a Warder, these additional duties devolve on the officer in charge of the escort who should see that handcuffs are removed from a prisoner while he is eating, drinking or going to the latrine, provided that the number without handcuffs at any one time should not exceed one-half of the number of constables in the escort

Rule 31. Documents etc. to be examined.

On the arrival of the prisoners at their destination, all documents shall be carefully examined, the list of property, both Government and private, compared with the property, actually received and the necessary receipts furnished.

Rule 32. Illness of a prisoner on transfer Ultimate disposal.

When a prisoner on transfer becomes so III as to be unable to complete the journey, he should be left at the nearest police station and taken, when sufficiently well to be moved, to the nearest jail or subsidiary jail where he shall be received. His warrant, property and all papers connected with him should be made over to the Superintendent of the Jail where he is detained who shall inform the Superintendents of the Jails from and to which the prisoner was proceeding of the occurrence. On recovery, the prisoner shall be forwarded with his papers etc. to his destination. In the case of death, the fact, with date, shall be noted on his warrant, which with the other papers and property accompanying him shall be returned to the jail from where he came.

Rule 33. Death of a prisoner before he can be received in any jail.

If a prisoner dies while on transfer and before he can be received in any jail or subsidiary jail on route, the officer in charge of the Police escort should report the fact to the Magistrate of the District or the Officer in charge of the sub-division, as the case may be, in which the death takes place, with a view to an enquiry being held into the circumstances attending it. A copy of the proceedings, together with the warrant, documents and property accompanying the prisoner, should be forwarded to the Superintendent of the Jail from where he came. Such Superintendent shall submit a copy of the proceedings of the enquiry to the Inspector General.

Rule 34. Escape en-route.

If an escape occurs en-route, intimation of the same should be given as soon as possible to the nearest authorities and to the Superintendent of the Jail from which the prisoner came, with a view to his recapture, if he is not immediately recaptured, his property, warrant and other documents shall be returned to the jail from which he was despatched.

Rule 35. Recapture of a prisoner who escapes on transfer.

A prisoner who escapes on transfer shall, if recaptured, be sent to the jail from which he was despatched and after trial for the escape forwarded to the jail to which he was being transferred when the escape took place. A report of the recapture of a prisoner and the date of despatch to his destination shall be sent to the Inspector General and to the Superintendent of the Jail which is to receive him.

Rule 36. Receipts for prisoners etc.–Government property to be returned.

The Superintendent or Deputy Superintendent of the receiving jail, shall duly acknowledge the receipt of the prisoners and of the documents and property relating to them which are detained by him. Simultaneously, the Police and the despatching jail shall be informed identical articles of clothing and other Government property sent with the prisoners shall be returned to the jail of despatch after being thoroughly washed and properly wrapped in gunny cloth.

NOTE 1 :—The fetters actually received with the prisoners, need not be returned but an equivalent number of these articles in good condition and upto standard should be returned instead.

NOTE 2:—If it is necessary to detain any of the property in the receiving jail, a report of the fact shall be made to the Inspector General and to the Superintendent of the transferring jail. Property so detained must be accounted for in the register of both jails and in the indents for such articles subsequently submitted.

Rule 37. Procedure when property is missing.

If it be found on the arrival of the prisoners at their destination that the property received does not correspond with the lists, immediate notice of the fact shall be given to the Superintendent of the despatching jail, who shall institute an enquiry into the matter.

II. LABOUR AND JAIL INDUSTRY

Rule 38. Days on which convicts are exempted from labour.

(1)     No prisoner shall be required to perform any labour, other than such as may be necessary, for the conduct of the internal management and domestic economy of the jail or to meet any call of emergency, on any of the days declared as holiday by the Administrator in Jail.

(2)     The Inspector General may, with the previous sanction of the Administrator by general or special order in that behalf, exempt any prisoner or class of prisoners, or all prisoners generally, from labour on any particular day or days.

Rule 39. Entries with regard to labour in the history-ticket.

(1)     Upon the admission of every convict sentenced to rigorous imprisonment, the Medical Officer shall, at the time of complying with the provisions of sub-section (2) of section 24 of the Prisons Act, 1894, by entering the class of labour (if any) for which such convict is fit in the prescribed book, cause a similar entry to be made in the history-ticket of the prisoner.

(2)     The Medical Officer shall, from time to time, in complying with the provisions of sub-section (2) or sub-section (3) of section 35 of the Prisons Act, 1894, cause to be entered in the history-ticket of every prisoner, any direction, as to the employment of such prisoner or the class of form of labour on which he is to be employed, which he may deem fit to give.

(3)     No prisoner shall be employed on any kind or class of labour which the Medical Officer considers unsuitable or for which that officer considers him unfit, or shall be subjected to any labour unless the Medical Officer certifies his fitness for the same.

Rule 40. Hours of rest from labour to vary with the season.

No convict who is under sentence of rigorous imprisonment, or who is employed on labour at his an desire, shall be required to work between the hours of 12.00 Noon and 1.00 P.M.

Rule 41. Hours of commencing and stopping work.

Prisoners shall commence work at 8.00 A.M. and the factory will close at 4.00 P.M.

Rule 42. Prisoners locked-up during hours of rest.

During the hours of rest, prisoners shall be locked up in their sleeping wards or in their workshops if are latter the suitable and secure.

Rule 43. Classes of labour.

The labour to which a convict may be put shall be of three classes, namely, hard labour, medium labour and light labour. The hard labour class working in the jail factory shall be divided into three categories, namely, skilled labour, semi-skilled labour and unskilled labour.

Rule 44. Description of works labour task to be fixed.

Subject to the provisions of Chapter VII of the Prisons Act, 1894, the Inspector General may, with the sanction of the Delhi Administration, from time to time, prescribe the description of works to be carried in, and the labour tasks to be fixed in respect of each class of labour.

Rule 45. Tasks to be imposed on female and juvenile convicts.

The task to be imposed on any female or youthful convict shall not in any case exceed two-third of the maximum task for hard labour and medium labour, respectively prescribed in respect of adult male convicts.

Rule 46. Procedure when a new form of labour is introduced.

When a new form of labour is introduced, the Superintendent shall, in consultation with the Medical Officer, fix the tasks and obtain direction of the Inspector General in this regard.

Rule 47. Time to be given to acquire skill.

Every convict on being first put to do any kind of work with which he is not acquainted shall be allowed a reasonable time to be fixed by the Superintendent, in which to acquire the necessary skill to enable him to perform the full task. Mental and physical capabilities must be taken into consideration. The time will vary from a few days in the case of grinding or oil-pressing which require but little skill, to three or four months in the case of weaving or carpet making which require a good deal of skill and fair amount of intelligence. In every case, when allotting new work, the Superintendent, or subject to his control, the Factory Manager, or Deputy Superintendent shall note on the convict's history-ticket the task he is to begin with and every subsequent increase upto the full task.

Rule 48. Frequent change of work to be avoided.

Frequent change of work except on medical grounds should be avoided, but the same form of hard labour should not be exacted indefinitely without variation, and sedentary work should occasionally be changed for work involving more general movement. Every Superintendent and Deputy Superintendent should make himself acquainted with the tasks fixed for the various industries carried on in the jail.

Rule 49. Tasks to be measured or weighed.

Whenever the material given to a prisoner to work upon, admits of measurement or weighment, it shall be measured or weighed out to him before he begins to work.

Rule 50. Work done to be measured and entered daily.

Before the prisoners leave their places of work in the afternoon, the Factory Manager or Deputy Superintendent and Head Warders shall measure and mark off the work done by each prisoner and note the same against his name in the labour register. The entries in this register may be made by an educated convict. If in any case, owing to the nature of the work, the task cannot be taken daily, it should be taken whenever it is possible to do so.

Rule 51. Means and appliances for labour to be provided.

(1)     In every jail, proper means and appliances shall be provided for exacting hard labour, medium labour and light labour, respectively, from convicts who are liable and fit to undergo such labour.

(2)     In every jail, proper means and appliances shall be provided for the voluntary employment of convicts sentenced to undergo simple imprisonment (section 36 of the Prisons Act, 1894).

Rule 52. Hardest suitable form of labour to be exacted Proviso Profit not to be considered.

(1)     Every convict sentenced to undergo simple imprisonment shall ordinarily be employed on hard labour of such kind as is most suitable and for which he is for the time being, fit, and no such convict shall be put on medium labour so long as he is fit to perform hard labour, or on light labour so long as he is fit to perform either hard or medium labour :

Provided that no convict of the casual class shall ordinarily be required to perform a full task of hard labour during the first month after his admission to jail, and that every convict of the habitual class shall, throughout the period of imprisonment to which he is sentenced, be required to perform the severest form of hard labour which he is with due regard to health, capable of performing.

(2)     No consideration of profit or convenience shall be permitted to influence the class or form of labour which any convict sentenced to undergo rigorous imprisonment is at any time required to perform and class and form of labour which every such convict is at any time required to perform shall be fixed with reference solely to the health of the convict and the regulations of the jail in regard to the employment of prisoners.

Rule 53. How convict labour may be employed.

Convict labour shall ordinarily be employed to supply :—

Firstly—the requirements of the jail and of the jail department.

Secondly—the requirements of the Government in any other respect, and

Thirdly—other demands which the Inspector General may, from time to time, approve.

Rule 54. Manufacture of articles for sale.

(1)     When the requirements of the jail and other departments have been met to the fullest extent it is possible to meet them, prison labour may be employed in the manufacture of such articles as will be least likely to compete with any local industry for sale to the public at current market rates.

(2)     Traders, wholesale and retail, should be dealt with, in preference to consumers amongst the public.

NOTE 1:— When market rates do not exist or cannot be ascertained, the price of jail-made articles must be calculated and must always include :—

(a)      the price of the raw materials ;

(b)      the wages of jail labour, rated according to the minimum wages fixed by Public Works Department and Industries Department for skilled labour ;

(c)      a percentage for wear and tear of plant; and

(d)      a percentage on account of profits.

NOTE 2:—In the case of articles supplied to Government or to the public, the percentage on account of profits may ordinarily be fixed at 10 per cent on the cost of the raw material and labour ; if the prices thus found are below the ordinary rates at which the goods could be procured by the same class of purchasers in the open market, they must be raised to at least such market rates.

NOTE 3:—A price list of the articles manufactured in every jail is to be prepared and exhibited in the office. This list must be revised, from time to time, as may be necessary.

Rule 55. Supply of articles to Government Departments.

Supply of products shall be made firstly to the Government Departments, secondly, after meeting the requirements of the Government Departments, to the Co-operative stores and after meeting the requirements of the Co-operative stores fully, thirdly, to the open market. In other words, the jail industry should not ordinarily compete with the open market industries.

Rule 56. How jail labour may be utilised.–Convicts not to be employed on certain works.

(1)     Jail labour may be utilised :—

(a)      for the preparation of building materials for the Public Works Department or for private sale, within the jail premises ;

(b)      for the construction of works under the Public Works Department in or near the jail ; and

(2)     Prisoners shall not be employed on municipal work or hired out to private firms or individuals, nor shall jail labour be utilized on the construction or repair of roads under the Public Works Department without the previous sanction of the Administrator.

(3)     No convict shall be employed on any form of labour attended with danger.

Rule 57. Convict labour on jail building.

Convict labour shall be utilized to the fullest extent in the erection and repair of all jail buildings and in the preparation of materials for the same.

Rule 58. Prohibition against employment of small gangs of prisoners.

(1)     The employment of convicts in small gangs or batches, on petty works situate without the jail premises, is prohibited :

Provided that this prohibition shall not be deemed to extent to the employment of prisoners on jail works, in the jail garden, or on duties connected with the management of premises subject to such directions as the Inspector General may, from time to time, give in that behalf.

(2)     Subject to such general or special directions as the Inspector General may, from time to time, give in that behalf, convicts may be employed, without the jail premises, on public works which are at any time carried out under the supervision and control of the Public Works Department.

Rule 59. Sanction to extramural employment.

No convict shall at any time be employed on any labour outside the jail walls or be permitted to pass out of the jail for the purpose of being so employed, unless and until the Deputy Inspector General shall have—

(a)      sanctioned his being so employed; and thereafter,

(b)      the Superintendent has recorded, or caused to be recorded, on the prisoner's history-ticket, the fact that such sanction has been given.

Rule 60. Restriction on the employment of prisoners outside jail walls.

No convict shall at any time be employed on any labour without the walls of the jail—

(a)      until he has undergone not less than one-twelfth of the substantive term of imprisonment to which he has been sentenced;

(b)      without the sanction of the Inspector General if the unexpired term of substantive imprisonment together with imprisonment (if any) in lieu of fine, to which he has been sentenced exceeds one year;

(c)      if any charge or charges are pending against him.

Rule 61. Certain prisoners not to be allowed out.

Care must be exercised not to pass out any prisoner who has shown or is likely to possess any inclination to escape.

Rule 62. Restriction on the employment of convicts as menial servants.

The number of convicts regularly employed on services of a menial or domestic nature —such as cooks, barbers, water-carriers, sweepers and the like—shall not, without the special sanction of the Inspector General, exceed ten per centum.

Rule 63. Selection and limitation of menial servants.

Sweepers shall be chosen from the members of similar caste, prisoners of other castes may be employed as sweepers if they volunteer to do such work. The barber shall belong to the casual class. Hospital attendants shall be selected from those passed for light labour or who have completed at least half their sentences. If there is a large number of serious cases in hospital, the proportion of one attendant to ten 'patients may be temporarily exceeded. If any convict employed as a menial servant has not enough work to occupy his whole time, he should be placed upon some other work for the remainder of his time.

Rule 64. No prisoner to be employed on private work orservice.

No prisoner shall at any time be employed by any officer of the jail, or other person, on any private work or service of any kind whatsoever.

Rule 65. Employment of prisoners as clerks.

The employment of prisoners as clerks in jail offices is forbidden. The Inspector General may sanction the employment of an educated prisoner to copy letters, prepare rolls, write up registers and other work having no connection with warrants, remissions or money transactions. A prisoner so employed shall be provided with a place of writing inside the main gate, and under the eye of a warder. He shall not be permitted to enter the jail office unless called before the Superintendent or an inspecting officer. A prisoner employed on clerical work shall receive no remission or gratuity for such work.

Rule 66. No prisoner to be allowed to visit the bazar.

No prisoner shall at any time, upon any pretext, or for any purpose whatsoever accompanied by warders or not, be permitted to proceed to or visit any bazar or market.

Rule 67. Charge of material or manufactures.

The raw material for manufactures shall be under the charge of a responsible officer, who shall issue each morning what is required for the day's work and receive in store in the evening the material which has not been used up. He shall also, as far as possible, satisfy himself that there is no waste of material, but this shall not relieve the Factory Manager or Deputy Superintendent, as the case may be, of the responsibility for the safe custody and proper disposal of the manufactory stores.

Rule 68. Responsible officer to keep manufactory accounts.

All accounts relating to jail manufacture shall be kept by a responsible official, under the supervision of the Factory Manager or Deputy Superintendent.

Rule 69. Disposal of proceeds of employment of prisoners.

No officer of any jail shall at any time retain in his possession, or otherwise than under proper authority, dispose of—

(a)      any article at any time supplied for use in any industry carried on in any jail, or manufactured by any prisoner;

(b)      any sum of money realised from or received on account of the sale of any such article or of the earnings of any prisoner, and the whole amount of every sum of money so realised or received shall, as soon as may be, be paid to the credit of the Government in the nearest public treasury.

NOTE—No expenditure is to be met from, or payment made, out of any sum of money realised by the sale of articles or received on account of the earnings of prisoners. All sums of money so realised or received are to be credited, as soon as possible, in the Government expenditure being met from sums supplied, under proper authority for the purpose. All jail earnings are to pass intact to the Government.

Rule 70. Yearly audit of the factory accounts.

The factory accounts will be systematically audited once a year by the Delhi Administration.

III. PRISONERS' FOOD AND CLOTHING

Rule 71. Prisoners not to possess, receive or consume any article not prescribed.

Subject to the provisions of section 31 of the Prisons Act, 1894, and the rules made thereunder, as to civil prisoners and unconvicted criminal prisoners, who are permitted to maintain themselves, no criminal or civil prisoner shall at any time receive, consume or possess, any article of food or drink not provided for or supplied to him in the manner hereinafter in these rules provided in that behalf.

Rule 72. Daily issue of prison diet in three meals.

Every convict and every unconvicted criminal or civil prisoner who does not maintain himself, shall, daily receive the scale of prison diet provided for prisoners.

Rule 73. Food to be issued at each meal.

(1)     The food of prisoners, other than those sick in hospital, shall ordinarily be issued in three meals as follows :—

Early morning meal—half the cereals, half the oil, half the dal, half the vegetable and tea,

Mid-day meal—the parched or boiled gram and tea,

Evening meal—the remainder of the cereals dal, oil and vegetables.

(2)     The early morning and mid-day meals may be interchanged at the discretion of the medical officer.

Rule 74. Power to fix scales of prison diet.

The Inspector General, with the previous sanction of the Delhi Administration, shall fix the scale of prison diet to be provided in respect of each class of prisoners and, with the like sanction, may from time to time—

(a)      vary the scale of prison diet generally, or that prescribed in respect of prisoners of any class ;

(b)      prescribe a special scale of prison diet in respect of jail, and

(c)      prescribe a special scale of prison diet in respect of any period or periods of time, during any season of the year. »

Rule 75. Scales of diet for prisoners of various classes.– Exhibition of scales.

(1)     The scales of prison diet, from time, to time prescribed shall contain provision in respect of prisoners, of each of the following classes, namely :—

(1)     Males :

(a)      when subjected to labour ;

(b)      when not subjected to labour;

(2)     Females :

(a)      when subjected to labour ;

(b)      when not subjected to labour;

(c)      when nursing infants which are permitted to reside in the jail

(3)     Children :

(a)      when permitted to reside in the jail with female prisoners or after the death of mother. (2) Copies of the scales of diet for the time being in force in any jail shall be exhibited in the manner provided, in regard to the exhibition of copies of rules in section 61 of the Prisons Act, 1894.

Rule 76. Powers reserved to Medical Officer to vary prison diet.

Nothing in the foregoing rules contained shall be deemed in any way to limit or restrict the power of the Medical Officer, in his discretion, at any time, to prescribe any special dietary in respect of any prisoner, or to direct the manner in, extent to, and period for which the prescribed scale of prison diet shall be varied or supplemented in the case of any such prisoner :

Provided that it shall not be lawful for the Medical Officer to vary, in any case, the scale of prison diet for the time being prescribed, by way of punishment, or otherwise than in the manner in, to the extent to and for the period for which it may, in such Medical Officer's opinion, be expedient to do so on medical grounds and for the benefit of the prisoner concerned.

NOTE—Change of dietary of any class of prisoners requires the sanction of the Inspector General.

Rule 77. Duty of Inspector General to ensure adequate supplies.

It shall be the duty of the Inspector General, from time to time, to take all such measures as may be necessary to ensure that every prisoner is at all times so supplied with food and drink as to maintain him in good physical health and vigour.

Rule 78. Supervision of foodstuffs and water supply.

It shall be the duty of the Superintendent, the Medical Officer and the Deputy Superintendent at all times to satisfy themselves, respectively, that—

(a)      pure and wholesome water is provided for consumption by the prisoners, and that a supply of such water is at all times freely available to every prisoner for drinking purposes;

(b)      every article at any time issued, or intended to be issued, for the food of any prisoner is, of the prescribed quantity and quality and is good, wholesome and fit for human consumption;

(c)      every article of food supplied to any prisoner in a cooked state or which requires to be cooked before being so supplied, is properly and cleanly cooked in such manner as to be wholesome and reasonably palatable ;

(d)      every article of food, whether cooked or uncooked, is subjected to proper examination and inspection before it is issued for consumption by any prisoner;

(e)      all food-stuffs at any time obtained and stored in the jail are frequently inspected, and that all articles which are unwholesome or in any respect unfit for human consumption, are forthwith rejected and are not issued for the use of the prisoner; and that

(f)       proper places for the convenient and orderly distribution and suitable utensils and other appliances for the consumption of food, are duly provided.

Rule 79. Offences connected with food supply, time and place of consumption.

(1)     No prisoner shall conceal, waste or transfer to any other prisoner, any article of food or drink at any time supplied to him and every prisoner shall consume his food at the times prescribed for the purpose.

(2)     The time at which meals are to be served out to prisoners, and within which prisoners are to consume their food, and the manner in, and places at, which the distribution of food is to take place and the like, shall, from time to time, be prescribed by the Superintendent, subject to the directions (if any), in that behalf, of the Inspector General.

(3)     In the event of the refusal of food by a prisoner, the Medical Officer must adopt methods of artificial feeding, if, in his judgment, the physical condition is such that artificial feeding provides the only method of keeping the prisoner alive. The actual operation of artificial feeding must be carried out by the Medical Officer or his Medical subordinate.

Rule 80. Examination of food by Medical Officer.

The Medical Officer shall—

(a)      ordinarily examine the food daily and when defective in quality, make a note of the fact in his journal; and

(b)      at uncertain times and at least once a week when the food is cooked and ready for issue and occasionally after distribution to the prisoners, cause such food to be weighed in his presence and note the result in his journal.

Rule 81. Inspection of food by Superintendent.

The Superintendent of a Jail shall inspect the food prepared for the prisoners' meals at least three times in each week

Rule 82. Food of prisoners on transfer.

(1)     Prisoners on transfer or about to be sent to Court shall receive a meal of cooked rations before starting.

(2)     If a journey exceeds 12 hours but is less than 18 hours, each prisoner shall receive 460 gms. of perched gram, and 115 gms, of gur to eat in transit.

(3)     Should a journey exceed 18 hours, the warder in charge, or the officer in command of the Police escort, as the case may be, shall receive subsistence allowance for each prisoner at the rate of five rupees per diet.

(4)     It is the duty of the Police escort to see that prisoners who have not been in jail previously have their food before they are taken to the jail if they are likely to arrive there too late for a meal. Unfed prisoners shall not be admitted into a jail after :—

                              (i)          3 P.M. during winter from 1st October to 31st March.

                             (ii)         4 P.M. during summer from 1st April to 30th September.

Rule 83. All articles to be weighed out to the cooks—Details of the preparation of food.

All articles of diet, shall, when possible, be weighed out to the cooks in a state ready prepared for cooking. The following instructions shall be attended to :—

(1)     Wheat before being ground into flour should be thoroughly freed from dirt, unsound grain and any other deleterious substances. The flour shall be sifted through a fine perforated zinc sifter (No. 6 gauge) or equally fine wire-gauge.

(2)     The statement showing the weights of uncooked and cooked rations, should be checked by the Superintendent every Monday.

(3)     Antiscorbutics must be used in the fuel weight of the edible parts, proper allowance being made for husk, seeds and fibre. This can be done by finding out by experiment what proportion the edible part peers to the whole.

(4)     Succulent fresh vegetables when available should be used in the dietery in preference to dried vegetables. They should be freed from stalks, decayed and fibrous portions and cut up ready for the pot before being weighed out. Arrangements must be made for an ample and continuous supply of vegetables during the hot and rainy months; more especially those kinds which are of antiscorbutic value such as onions, Roman cabbage, potatoes when obtainable and country radishes, Brinjals, melona, pumpkins, saga have very little nutritive or antiscorbutic properties.

(5)     The mustard oil/vanaspati should be well heated before being mixed with the vegetables, and heated and flavoured with fried onions, before being mixed with the dal.

(6)     The condiments and salt should be added in the presence of the Deputy Superintendent or Medical Subordinate or other superior official, to the dal and vegetables while they are being, or immediately after they have been cooked. A large quantity of condiment mixture should be prepared at one time, so as to preserve the due properties of the ingredients and avoid the necessity of weighing them in small quantities.

(7)     The maximum loss allowed for cleaning and winnowing the various grains and pulses is :—

When the actual loss in cleaning is less, it, and not the maximum loss allowed, should be calculated in the accounts.

Rule 84. Scales, weights and measures.– Complaints concerning food.

Properly adjusted beam scales and correct weights should be used in every and for weighing supplies in bulk and individual rations; they shall be frequently tested by the Superintendent.

Rule 85. The issue of uncooked food.

The uncooked food shall be weighed out to the cooks in the presence of the Deputy Superintendent, Senior Assistant or Assistant Superintendent or Medical subordinate who shall be held responsible that the proper quantity is issued, and also in the presence of the Assistant Superintendent or head-warder specially appointed to keep the godowns in which the food-stuffs are stored The mustard oil should not be issued until it is actually required, and one of the above higher officials shall be present when it is being mixed with the dal and vegetables.

Rule 86. The cooking of food, cleanliness of vessels etc.

The cook shall perform the duty of preparing the food with care and attention. The dough should be slowly and thoroughly needed with portion of the salt and not more water than is necessary. Each chapati should not be more than 20 cms. but not less than 16 cms. in diameter and of the same thickness throughout. The cooking should be slowly done, so that the surface may not get burned, while the inner part remains uncooked. All cooking vessels must be kept clean and bright, and the cook-house clean and tidy.

Rule 87. Protection from the weather during meals.

Prisoners should be protected from rain and intense heat during meals. If there are no roofs over the ordinary feeding places, they may be allowed to sit in verandah, or, if necessary, in the work-shop or wards or wherever shelter can be found.

Rule 88. Responsibility for purchase and storage.

The Superintendent and Deputy Superintendent shall be held responsible for proper arrangements that are made in due time for the purchase and storage of grain, subject to the limits of (with the sk in hand), 15 months' supply and of the storage room available.

Rule 89. The purchase of grain.

The grains shall be purchased as per the instructions issued by Inspector General, from time to time.

Rule 90. Examination of grain, prompt payment to be made.

The Medical Officer shall examine every delivery of grain brought to the jail and satisfy himself that it is of good quality before it is stored. There should be no delay between delivery and weighment, and payment should be made at once after approval by the Superintendent, otherwise it cannot be expected that the most favourable terms will be obtained.

Rule 91. The Storage and subsequent care of grain.

Grain should not be finally stored until it is thoroughly dry, if it is damp, it should be spread out and turned over frequently in the sun for a few days but must not be left uncovered at night. All grain should be protected from birds, vermin and insects and secured under lock and key. It should be separated from the walls and floor of the store or pit by at least one foot of bhuse, examined at intervals to see that it is not being damaged. If it shows sign of damage or decay, it should be all turned out, exposed to the sun, cleaned and restored with fresh dry bhuse, if necessary. Immediately any loss is discovered, a full report of the circumstances should be made to the Inspector General.

Rule 92. Supply of clothing, bedding and Prisoners not to use or possess any other

—

(1)     Subject to the provisions of section 31 and section 33 of the Prisons Act, 1894, and the rules made thereunder as to civil prisoners and unconvicted criminal prisoners who are permitted and able to provide themselves with clothing and bedding under the provisions of section 33 of the Act, shall wear such clothing and use such bedding as is supplied to him by or under the orders of the Superintendent and no other.

(2)     No prisoner to whom any clothing or bedding is supplied under sub-rule (1) shall receive, possess or use, or be permitted to receive, possess or use, any article of clothing or bedding other than an article so supplied or an article the receipt, possession to use of which the Superintendent may at any time, sanction in respect of any such prisoner.

Rule 93. Convicts to wear prison dress.

Every convict shall ordinarily wear the prescribed prison dress.

Provided that the Inspector General may, at any time, in his discretion, by general or special order in that behalf, relax the provisions of this rule in respect of any prisoner or class of prisoners under sentence of simple imprisonment, subject to such conditions as he may think fit to impose in that behalf.

Rule 94. Clothing for prisoners sentenced to simple imprisonment.

Under the authority conveyed in the preceding rule, all prisoners sentenced to simple imprisonment who are not habituais, shall be permitted to wear their own clothing while in jail but should not be allowed to wear political symbols.

Rule 95. When convicts are permitted to wear private clothing.

All prisoners sentenced to rigorous or simple imprisonment may be permitted to wear private clothing when (a) attending court, (b) on transfer to another jail and (c) having an interview with relatives.

Rule 96. Prisoners to conform to orders as to the care and custody of articles.

Every prisoner to whom any article of clothing or bedding or other equipment is at any time supplied shall conform to all such orders as to the care, custody and use, as the case may be thereof, as may from time to time be issued by the Superintendent, subject to the directions in that behalf of the Inspector General.

Rule 97. Powers to fix scale of prison clothing and bedding.

The Inspector General shall, with the previous sanction of the Administrator, fix the scale of clothing and bedding and other necessaries of equipment to be provided in respect of each class of prisoners, and may, with the like sanction, from time to time—

(a)      vary the scale of clothing and bedding generally, or that prescribed in respect of prisoners of any class;

(b)      prescribe a special scale in respect of the prisoners confined in any jail or in the jails situate within any specified local area ;

(c)      prescribe a special scale in respect of any period or periods of time or during any season of the year ; and

(d)      vary the shape, size, material or quality of any article prescribed in any scale of clothing or bedding.

Rule 98. Provisions to be made in prescribing clothing, bedding and Exhibition of scales.

The scales of clothing and bedding and other necessaries of equipment, from time to time, prescribed shall contain provision for winter season and summer seasons.

Rule 99. Powers reserved to Medical Officer to order extra clothing.

Nothing shall be deemed, in any way, to limit or restrict the power of the Medical Officer in his directions at any time, to direct, on medical grounds and for the benefit of the health of any prisoner or class of prisoners, the issue of extra clothing to any such prisoner or class of prisoners for any specified period during any season of the year.

Rule 100. Scales of clothing, bedding and equipment.

The following scale of clothing, bedding and other necessaries of equipment, are prescribed for convicts for the time being:—

NOTE:—On admission to jails, all convicts, will be given two cotton coats and two pairs of cotton trousers. Sikh convicts will be given two Langotas. Female convicts shall receive in addition, comb, 2 cotton chaddars and three towels. Sikh prisoner may be given two Kachhas instead of 2 pairs of trousers, they may, however, if desired, have kachha in addition to towards best this connection is to be allowed at their own cost.

Rule 101. Supply of gaiter.

Convicts required to wear fetters shall be supplied with pliable gatters and gaips, and convicts allowed to pass out of the jail, shall be supplied with a gaiter to wear beneath the ankle ring in all seasons.

Rule 102. Clothing of convict officers.

(1)     The clothing of male convict officers shall be:—

(a)      Convicts Watchman. The usual prison uniform of a convict with the exception of woollen cap in lieu of which a transparent pugree will be issued and a brass badge to be worn on the left arm with the word "Watchman" engraved thereon.

(b)      Convict Overseer. Black pugree, black coat (alkhaliq) and black pyjama, a brown leather belt and brass buckle with the word "Overseer" engraved thereon.

(c)      Convict Warder. The same as a convict-overseer but the clothing shall be yellow and on the buckle shall be engraved the word "Convict warder."

(2)     Female convict officers shall wear the same articles of clothing as ordinary female convicts, but dyed black in the case of an overseer, and yellow in the case of a convict warder with the leather badge with brass buckles and words denoting their engraved thereon. All convict officers doing duty outside barracks at night shall be provided with blankets and great coats in winter time.

Rule 103. Supply of prison clothing and bedding to certain prisoners.

All clothing and bedding supplied to any civil or unconvicted criminal prisoner under the provisions of section 33 (1) of the Prisons Act, 1894, shall be of the same description as that supplied to convicts.

Rule 104. Clothing and bedding of infants.

The clothing, bedding and necessaries to be supplied to infants who are permitted to reside in jail, shall be such as the Medical Officer may, in each particular case, prescribe.

Rule 105. Standard pattern for all articles.

All articles of clothing, bedding and equipment shall be of the standard patterns approved by the Inspector General.

Rule 106. Clothing to be worn in the manner prescribed.

Prisoners shall wear all the articles of clothing supplied to them except when ordered to the contrary. No articles of clothing shall be worn in any way other than that for which it was intended.

Rule 107. Clothing to be marked.

Each article of jail clothing and bedding supplied to every convict shall be marked legibly and a separate consecutive number.

Rule 108. Time—Clothing should last.

The allowance of cotton clothing prescribed in each scale for prisoners should ordinarily last for six months except in the case of cotton sheet which should last for one year, the blanket coat, the blankets and maunj mat should give at least three years' wear. Bhabbar mat should last not less than one year.

Rule 109. Distribution of clothing.

Convicts sentenced to imprisonment for one year or more should ordinarily be supplied with new cotton clothing, unless there is an accumulation of old clothing in sk. When clothing or bedding that has been previously in use is issued, the fact should be noted on the history-ticket.

Rule 110. Hospital clothing.

On admission in the hospital, the prisoners clothing will be replaced with hospital clothing, the prisoners and clothing shall then be washed and placed in the hospital store room until he is discharged when it shall be returned to him. In case of death, the clothing shall be returned to the clothing godown or destroyed, if the Medical Officer considers such a course necessary.

Rule 111. Extra clothing for convalescents.

Prisoners in the convalescent gang should be provided with an extra blanket, a woollen payjama and a waist coat made of old blanketing during the coldest season of the year.

Rule 112. Sufficient clothing to be kept in sk.

A sufficient sk of clothing to meet all possible requirements, shall be kept in store in every jail.

Rule 113. Prisoners to get old clothing at certain times.

Every prisoner who is employed on any form of labour which is destructive of clothing or specially liable to soil it, such as mixing mortar, scavenging and cooking may, in addition to the ordinary scale of clothing be supplied with a part worn dasuti coat and trousers (dyed light blue) for wear during working hours, cooks may also be allowed an apron of course transparent dasuti cloth.

Rule 114. Clothing to be kept serviceable.

Every prisoner's clothing and equipment shall be renewed as necessity arises; no prisoner shall be allowed to remain in tattered and miscriveable clothing. One or more prisoner tailors may, according to circumstances, be employed in keeping the clothing in repair.

Rule 115. Cleanliness of clothing and bedding.

All clothing and bedding must be kept in a thoroughly clean condition. A convict dhobi shall be employed to wash for those who are sick.

Rule 116. Supervision of supply of clothing and bedding.

It shall be the duty of the Superintendent, the Medical Officer and the Deputy Superintendent at all times to satisfy themselves, respectively that :—

(a)      every prisoner is provided with sufficient clothing and bedding, to secure his health ;

(b)      every prisoner entitled to prison clothing and bedding is duly supplied therewith according to the prescribed scale applicable to the class to which such prisoner belongs ;

(c)      all clothing and bedding supplied is of the prescribed description and quality, clean in good condition and in all respects suitable for use by prisoners ;

(d)      all articles of clothing or bedding at any time obtained and stored in the jail are frequently inspected, and that all articles which art in respect unsuitable or inferior to the prescribed description and quality are forthwith rejected and are not issued for the use of prisoners.

Rule 117. Duty of Inspector General with regard to clothing and bedding.

It shall be the duty of the Inspector General from time to time to take all such measures as may be necessary to ensure that every prisoner in all times is supplied with clothing and bedding as to preserve him in reasonable comfort and good health.

Rule 118. Responsibility of prisoners regarding clothing and bedding.

(1)     No prisoner shall destroy, damage or in any way make away with any article of clothing, bedding or other equipment at any time supplied to him or in his possession and every prisoner shall take reasonable and proper care of every such article.

(2)     The manner in which articles of clothing, bedding and other equipment, as the case may be, supplied to prisoners, are to be kept or used by such prisoners shall be prescribed by the Superintendent subject to the directions (if any) in that behalf of the Inspector General.

Rule 119. Disposal of Unserviceable clothing.

Once a month, all clothings considered unserviceable shall be brought before the Superintendent, declared useless by him, and written off the accounts, under his initial. Such portions as may be useful for repairing other clothing should be set aside for this purpose and not returned to store; the remainder should be cut into small pieces to be sold to paper manufacturers.

Rule 120. Disposal of clothing received on release.

Clothing received from prisoners on release shall be returned to store. If fit for further use, it shall, after being washed, disinfected and repaired, if necessary, be reissued.

Rule 121. Charge of clothing godown Protection from pests.

The clothing godown shall be placed in the charge of an efficient official, subject to the general responsibility of the Deputy Superintendent. Every care must be taken to protect the clothing from damp and ravages of vermin and insect, pests by the ailing it in the sum at least once a month and by the free use of him leaves.

Rule 122. Clothing of prisoners transferred.

The identical articles of clothing and bedding sent with prisoners on transfer are to be returned to the transferring jail.

Rule 123. Indenting.

The Superintendent shall ensure that indent for clothing are sent every year to the Inspector General in time as per the standing instructions issued by the Inspector General for this purpose.

IV. SANITATION

(A) Construction of Buildings, Accommodation and Over Crowding

Rule 124. Capacity of wards and Cells.

The accommodation capacity of wards, cells and other compartments intended for occupation by prisoners, shall ordinarily be regulated by the scale of superficial and cubical space and lateral ventilation prescribed in respect of each prisoner as prescribed by the Inspector General with the sanction of the Administration.

Rule 125. Design, architecture and specification.

The Inspector General shall, with the prior sanction of the Administration and in consultation with the Public Works Department and the Health Department, specify the design, architecture and specifica­tions of each and every part of the structures constituting the prisons, the layout of the structures and other matters concerning them keeping in mind the safe custody, health and comfort of the prisoners and the officers of the prison.

Rule 126. Ventilation, wards and cells.

Direct ventilation of air through every ward/ cell and other compartments, respectively, ordinarily be secured large grated openings on both sides and at each end thereof.

Rule 127. Certificate of fitness for occupation.

No newly constructed ward, cell or other compartment, shall be occupied by any prisoner until the Medical Officer shall have certified that such ward, cell or other compartment is, in all respects, fit to be so occupied.

Rule 128. Sleeping berths in wards.

Every ward or other compartment intended for the accommodation of prisoners by night, shall be provided with masonry sleeping berths, equal in number to the capacity of the ward according to the prescribed scale. Each berth shall be 2 metres long, 0.69 metre broad and 46 cms. high and shall be constructed with a slight slope down from the head. The head of each berth shall be on the opposite side to the heads of the berths (if any) on either side of it. The space between every two berths shall, ordinarily, be not less than 0.61 metres.

Rule 129. Requirements of cell, daily visit to occupant.

No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an Officer of the prison, and every prisoner so confined in a cell for more than twenty four hours, shall be visited at least once a day by the Medical Officer or Medical Subordinate.

Rule 130. Height of walls of cell-yard.

For the purpose of admitting sunshine and air, the enclosure walls of cell yards shall in no case exceed 2.44 metres height.

Rule 131. Procedure when it is necessary to provide shelter outside a jail.

Whenever it becomes necessary to provide for the temporary shelter and safe custody of any prisoners without the walls of any jail, the Superintendent shall report the circumstances to the Inspector General, who will, if necessary, take the special directions of the Delhi Administration as to the provision to be made, under section 7 of the Prisons Act, 1894.

Rule 132. Provision for custody of prisoners in excess of accommodation.

(1)     All prisoners in a jail in excess of the accommodation shall be provided with temporary shelter in huts or tents pitched outside or inside the main enclosure walls.

(2)     The safe custody of prisoners accommodated outside the jail shall be entrusted to the Police.

(3)     The Superintendent shall apply to the Inspector General for sanction to the entertainment of such temporary establishment as may be necessary.

(4)     In cases of emergency and before arrangements can be made to have tents or huts erected, the workshops may be utilized to afford the necessary shelter, provided that all articles likely to facilitate escape or to be used as dangerous weapons are first removed.

Rule 133. The cleanliness of buildings generally Floors to be leeped.

(1)     The building occupied by prisoners shall, on being vacated each morning, be thoroughly cleaned out. Doors, window-sills, gratings and shutters should therefore be dusted out and, when necessary, washed and all dust and dirt removed outside the jail.

(2)     The floors of sleeping wards and cells should be leeped daily except in cold and damn weather, when leeping once or twice a week will be sufficient.

(3)     Walls should be frequently brushed and leeped or lime washed when necessary. The hospital should receive particular attention in this respect.

Rule 134. Return of prisoners in jail on the last day of the month.

A return (Form No. 45) showing the number of prisoners who slept in the jail on the previous night together with the number for which the wards are adapted, shall be submitted to the Inspector General on the first day of each month.

(B) Conservancy

Rule 135. Premises to be kept clean Cesspools prohibited and Other sanitary matter.

(1)     Every attention should be given to the disposal of night soil and refuse and to the cleanliness and neatness of all parts of the jail and its surroundings.

(2)     The ground should be free from fallen leaves, weeds and rubbish of all descriptions ; the grass plots closely cropped and the edges trimmed, the paths kept in repair; kucha drains dressed, and their levels readjusted when necessary.

(3)     Drains and latrines must be kept scrupulously clean and no sewage matter permitted to find its way into them. Cesspools of any kind are prohibited within jail precincts. The use of sunk reservoirs for refuse water is to be avoided.' No rubbish or manure pits should be allowed within or near the jail walls.

(4)     The hospital should receive special attention. Godowns must be kept clean, properly arranged, well ventilated and their contents should be aired as often as possible.

Rule 136. Latrines for Warders.

A latrine shall be provided for warders and treated, as regards, periodical cleaning.

Rule 137. Drainage of jail land. Sanitary defects to be reported.

(1)     The drainage of the land round the jail should receive careful attention and all low ground be filled up with clean earth High crops or shrubs, should not be grown within 46 metres of the jail walls.

(2)     It is duty of the Resident Medical Officer to bring to notice any defect of drainage within the jail area or its vicinity. The construction of public latrines, sewers or drains or the existence of any other insanitary condition in the neighbourhood of the jail, likely to affect the health of the prisoners, shall be reported to the Inspector General.

(C) Water Supply

Rule 138. Supply of water to prisoners Precautions as to vessels.

Every place where prisoners are located either by day or night, shall be provided with a sufficient supply of drinking water. The vessels used for holding or conveying drinking water shall be covered, cleaned out daily and used for no other purpose.

Rule 139. Supply of water for other purposes.

Suitable provisions for bathing should be made in every jail.

(D) Disposal of the Dead

Rule 140. Conditions under which a body may be made over to friends.

(1)     The body of any prisoner dying or executed in jail, shall be made over to the friends or relatives of the deceased, if claimed by them before the body has been disposed of by cremation or burial, unless there are special reasons to the contrary, i.e., the prisoner has died of any infectious disease, or if there are grounds for supposing that the prisoner's funeral will be made the occasion for a demonstration.

(2)     The friends or relatives of a deceased prisoner making application for the body after burial, should be referred to the Commissioner of Police whether the deceased prisoner died of any infectious disease, how long he has been dead and whether, in the opinion of the Medical Officer of the jail, the body can be exhumed and removed with safety or without becoming a nuisance to the public.

NOTE 1 :—A human body, whether alive or dead, can not be the property of anyone.

NOTE 2 :—Nobody can lay claim to corpse as it is not property. When a prisoner dies, his sentence ceases, it merely remains, if the body is not made over to the friends or relatives of the deceased, to dispose of it in a seemly manner, so that it may not become a nuisance and so as not to shock the feelings of the people.

Rule 141. Disposal of a body not made over to the friends.

(1)     The body of any prisoner dying or executed in jail, not made over to the friends or relatives of the deceased, shall be cremated or buried in the jail burial ground in accordance with the custom applicable to the faith of the deceased.

(2)     All bodies prior to removal from the jail shall be wrapped in a new cloth.

NOTE:—The Superintendents of certain jails in the province have been authorised by the Inspector General with the approval of the local Government to make over the bodies of the prisoners who have died in jail, if not claimed by the friends or relatives to certain medical institutions named for the purpose. The authorities, so given, extends only, to the case of prisoners who have died from natural causes, and not to the bodies of executed prisoners.

Rule 142. Burial ground for every jail.

There shall be a burial ground, distinctly marked off from the surrounding ground by a wall, ramp or hedge, attached to every jail and it shall be used for the disposal of the bodies of prisoners only. Portion of the burial ground shall be set apart for the cremation of the bodies of the Hindus.

Rule 143. Selection of a burial ground.

The land selected for a burial ground should not be in the immediate vicinity of the jail or any centre of population and not near the source of any drinking water supply ; it should be seen that the prevailing wind does not blow from it towards the jail and that sufficient ground is secured to answer all requirements for at least fifteen years.

Rule 144. Matters concerning graves, graveyards, burial and cremation.

(1)     The burial ground shall be kept clean and tidy and free from jungle and the graves disposed in regular rows, so as to economise space. Each grave should be marked with the name and the Register number of the prisoner.

(2)     The growth of grass about the graves should be encouraged, but it should be kept trimmed, quick growing trees should be planted about the ground.

(3)     The Superintendent and the Medical Officer shall visit the burial ground from time to time and satisfy themselves that it is properly kept and cared for.

(4)     No grave shall be less than five feet deep. One or more graves shall always be kept ready for occupation.

(5)     In filling in a grave, the earth should be well passed down so as to protect the body from the depredations of animals ; the earth should be heaped up one foot above the surface of the surrounding ground.

(6)     Special care shall be taken that the bodies of those disposed of by cremation are completely consumed. Ashes of the body of a Hindu prisoner should be disposed of, 24 hours after cremation by burial or, in places where it is possible, by consigning them to the water of a neighboring river.