(1)
These rules may be called the Punjab Open Air Jails Rules, 1978. (2)
They shall come into force at once. In these rules, unless the context otherwise requires
- (a)
'Act' means
the Prisons Act, 1894 (Act 9 of 1894); (b)
'eligible
prisoner' means a prisoner who is eligible for being detained in Open Air Jail
under rule 3 and includes a prisoner who is selected for being detained in such
jail by the Inspector General of Prisons under rule 4; (c)
'inmate'
means a prisoner who is under detention in Open Air Jail; and (d)
'Open Air
Jail' means any place used as such permanently under the orders of the State
Government for the detention of prisoners and includes all lands and buildings
appurtenant thereto. No prisoner shall be selected for detention in Open
Air Jail unless - (i)
he is casual
prisoner; (ii)
he is not
less than twenty-one years and ordinarily not more than fifty years of age and
has good physical and mental health without any history of a disease which may
be aggravated in the Open Air Jail; (iii)
he is fit
for manual labour : (iv)
his previous
conduct in jail has been good; (v)
he has not
more than one previous conviction; (vi)
he is a
prisoner sentenced to rigorous imprisonment for a period of not less than one
year or is a prisoner sentenced to simple imprisonment but elects to do labour
and in either case the conviction is for an offence other than that mentioned
in Chapters V-A, VI and VII of the Indian Penal Code, 1860 and Sections 328,
364, 376, 382, 386 to 389, 395 to 402, 413, 459 and 460 of the said Code and he
also fulfils the following conditions :- (a)
in case he
is a prisoner sentenced for a period of not more than seven years he has
undergone one-fifth of the substantive sentence; (b)
in case he
is a prisoner sentenced to more than seven years or sentenced to life
imprisonment he has undergone one-fourth of the substantive sentence: Note - For the purpose of this clause, life imprisonment shall mean
imprisonment for fourteen years in the case of prisoners above twenty years of
age and ten years in the case of prisoners under twenty years of age; (vii)
he was
convicted by a court in the State of Punjab; (viii)
no criminal
case is pending against him; (ix)
(he had not
at any time escaped from the jail; (x)
he is
willing to work in the Open Air Jail and has good family background; (xi)
the
unexpired portion of his sentence is more than six months on the date he is to
be transferred to the Open Air Jail; and (xii)
he has an
aptitude for agriculture and is likely to resettle on agricultural land after
release. Notwithstanding anything contained in rule 3 the
Inspector General of Prisons may, for reasons to be recorded in writing, select
any prisoner, who is not eligible under rule 3 for detention in Open Air Jails. The history sheet of each eligible prisoner shall
be prepared at least three months ahead of his transfer to the Open Air Jail
and shall be sent to that Jail alongwith the prisoner. No prisoner who is transferred from the Open Air
Jail on administrative grounds shall be eligible for readmission in the Open Air
Jail. Special medical test of fitness of each eligible
prisoner shall be conducted by the Medical Officer of the Jail. In the case of
Jails where there is a part-time Medical Officer or subordinate Medical
Officer, the medical examination shall be conducted by the Chief Medical
Officer or Deputy Chief Medical Officer of the district in which the Jail is
situate. (1)
At every Jail initial selection of eligible prisoners shall be made by a
Selection Committee consisting of Superintendent Jail Medical Officer, Deputy
Superintendent and Welfare Officer, of the concerned Jail, Selected eligible
prisoners shall be transferred to the Concentration Jail. (2)
Final selection shall be made by a Committee consisting of the Inspector
General of Prisons, Punjab or his nominee whose rank shall not be less than
that of Assistant Inspector General of Prisons, Superintendent Open Air Jail
and Superintendent of the Concentration Jail. The eligible prisoners so
selected shall be transferred to the Open Air Jail. The following documents shall accompany the
eligible prisoner at the time of his transfer to the Concentration Jail :- (i)
Medical
Certificate of fitness for working in the Open Air Jail; (ii)
Case history
: (iii)
Recommendations
of the Superintendent Jail that the prisoner has done good work at the Jail;
and (iv)
Roll of the
prisoner. Ordinarily the following working hours shall be
observed in the Open Air Jail :- (a)
From 16th
April to 15th October., 6 A.M. to 10 A.M., 4 hours - work in the farm. 10 A.M. to 3 P.M., 5 hours - bath, meals, rest, etc. 3 P.M. to 7 P.M., 4 hours - work in the farm. (b)
From 16th
October to 15th April., 8 A.M. to 12 Noon, 4 hours - work in the farm. 12 Noon to 12-30 P.M., 1/2 hours - rest. 12.30 P.M. to 4 P.M., 4 hours - work in the farm Note - The Superintendent, Open Air Jail is authorised to adjust the hours of
work mentioned above, in accordance with the institutional requirements and
additional training and seasonal variations and night work
requirement, especially for running of tube-wells and irrigation of the crop
fields. A radio set, games and other facilities shall be
provided for the recreation of the inmates at Government expense. A canteen shall be established in Open Air Jail in
accordance with the provisions of the Punjab Jail Canteen Rules, 1965. Each inmate shall be eligible to avail of the
benefits of the Gratuity Earning Scheme. There shall be no restriction on the number of
interviews by the inmates with their relations and friends and they shall also
have the facility of writing two letters in a month at Government expense. Each inmate shall be provided with two vests with
sleeves and one small pugree of two metres in length, after every six months in
addition to the clothing otherwise admissible to him. (1)
The inmates shall be imparted training in the following subjects :- (i)
Conservation
and preparation of soil : (ii)
Use of
latest type of machinery for ploughing, sowing and harvesting of crops : (iii)
Selection
and treatment of seeds of latest varieties and of good quality; (iv)
Preparation
of compost manure from rubbish, leaves, wood ashes, dung, stable litter and
night soil; (v)
Use of
chemical fertilizers; (vi)
Multi-cropping
system ; (vii)
Plant
protection measures such as control of insects, pests and use of insecticides; (viii)
Instruction
in animal-keeping, other agro industries and mixed farming; and (ix)
Modern
methods of gardening and inter-cropping of vegetables; (2)
On the completion of training, each inmate shall be eligible for the
grant of a Certificate for having acquired proficiency in the subject or any of
the subjects mentioned in sub-rule (1). Except as provided in these rules, all the
provisions of the Prisoners Act, 1894, and rules made thereunder and the
provisions of Punjab Jail Manual shall apply to the inmates.Punjab Open Air Jails Rules, 1978