? The following rules for the appointment and
guidance of official visitors of prisons within the United State of Rajasthan
shall come into force with immediate effect:- (a)
Inspector-General of Hospitals, Inspector-General of Police, Director of
Public Health, Deputy Inspector-General of Police (CID), Director of Industries
shall be ex-officio visitors for all Jails and lock-ups in the United State of
Rajasthan. (b)
Commissioners
of Divisions and Sessions Judges are ex-officio visitors to the Jails and
lock-ups, situated within their respective jurisdiction. Civil and Sessions
Judges are ex-officio visitors of Jails in District where there is no Session
Judge. The District Magistrate is an ex-officio visitor of the Central Jail
situated within his jurisdiction. Deputy Inspector-General of Police,
Sub-Divisional Magistrates and Inspector of Schools shall be ex-officio
visitors of all Jails within their respective jurisdiction. (c)
The Senior
Medical Officer in the District where he is not holding Medical Charge, shall
be an ex-officio visitor of the Jails and lock-ups in his district except in
the case of Central Jails where a suitable officer will be nominated by the
Commissioner of Division. The following minimum number of visits shall be
paid by official visitors in the year. Central Jails (1)
By Commissioners and Judges three visits; (2)
By District Magistrates one visit every month; District Jails and Lock-ups: (1)
Jails and lock-ups at the headquarter of the
Commissioner and the Judges - Three visits shall be paid by each officer to each Jail and
lock-up. (2)
At the other places. - The Jails and lock-ups shall be visited by
the Commissioner and Judges when these officers visit the stations in which
they are situated. Note: - The
District Magistrate will visit the central and District Jails at least once a
month. At each visit he shall make a careful inspection of the under-trial
prisoners and prepare a list of all under-trial prisoners who have been in the
lock-up for unduly long period. Thereafter he shall issue such orders as may
appear necessary for the expeditious disposal of their cases. Every alternate
month he shall go round the whole jail. Dates of these visits shall be recorded
in the visitor?s book together with any order, remarks, or suggestions made :
provided that if in any special case the District Magistrate considers it
expedient he may communicate separately with the Superintendent on any matter
arising out of his visit. In any month during which the District Magistrate is
away from headquarters he shall depute the Magistrate incharge to visit the
Jail in his stead. A meeting of the Board of Visitors shall be held
once a quarter. At the first meeting in the calendar year a roster of visits
shall be prepared for the ensuing twelve months. This roster will permit of a
monthly visitor being made to each Jail by visitors. Should any visitor desire
to pay more than one such visit, he shall be required to obtain the special
permission of the Superintendent. All visits shall be made between the hours of
opening and 2.00 P.M. Visit will not be permitted on Sundays and on other
holidays except between 8.00 and 10 A.M. Note: - Except
in exceptional circumstances a visitor shall not inspect Jails after lock-up or
on Sundays or other holidays. The Superintendent shall arrange that every visitor
to the jail shall be accompanied by a responsible Jail officer and by an escort
which shall consist, at Central Prisons, of two Wardens, and at District Jail,
of one Warder armed with batons. The Superintendent shall have a board hung-up at the
Jail gate on which the names of all Jail visitors shall be noted and no person
other than those authorised to visit a Jail or lock-up shall be allowed to
visit. (a)
It is the duty of a visitor to satisfy himself that the law and rules
regulating the management of prison and prisoners are duly carried out in the
Jail, to visit all parts of the Jail and to see all prisoners, and to hear and
enquire into complaints that any prisoner may make to him. He may for this purpose
talk to any prisoner out of the hearing but in the full sight of the officer
accompanying him. Such conversations with prisoners shall not exceed 20 minutes
in all during a visit. A list of question indicating some of the points to
which a visitor may direct his enquiries is appended in last paragraph. (b)
A visitor
may call for all books, papers and records other than those of a confidential
nature, which are connected with the administration of any department of the
prison. (c)
No visitor
may issue any order or instructions to any subordinate Jail officer. (d)
The officer
accompanying every visitor shall inform him before entering the cook-house that
no portion of the prisoner?s ration shall be touched, but he can taste the food
if he so desires. (a)
There shall be only one visitor?s book for the use of visitors. The book
shall, on no account, be removed from the Jail premises. (b)
Every
visitor shall, after he has completed his visit to the Jail, record in the
visitor?s book prescribed by section 12 of the Prisons Act, the date and hour
of his visit, and may enter therein any remarks or suggestions he may wish to
make with regard to the internal arrangements of the Jail or the state of
discipline maintained therein. But when a visitor considers that the sanctioned
system of the Jail Administration requires modification in any particular or
has any suggestion to make on questions of policy, he shall refer his opinion
separately to the Inspector-General and shall not discuss the subject in the
visitor?s book. Entries in the visitor?s book shall be made in the visitor?s
own hand-writing. (c)
The remarks
recorded by the visitor in the visitor?s book shall be treated as confidential
and shall not be communicated to the prisoner or to anyone outside the Jail. A
visitor, so long as he retains his official connections with the Jail, is
precluded from giving publicity in the press or otherwise to matters connected
with its administration. (d)
Should there
be any complaint which a prisoner may make to a visitor about his own treatment
or that of any other prisoner or about the conducts of any officer, or should
the visitor himself observe any matter of of which he feels notice ought to be
taken, he should refer it to the Superintendent who is responsible for
everything that occurs in his Jail. It is open to the visitor if he so desire,
to make a representation on the matter to the Government. (e)
The remarks
recorded by a visitor in the visitor?s book should include any complaint made
to him by a prisoner which in his opinion deserves notice. When the
Superintendent is of opinion that a prisoner has made a groundless complaint to
a visitor and should be punished, he shall record a brief statement of the
facts and not what punishment he proposed to award and send it to the visitors
who, if he dissents from the conclusion of the Superintendent, may request that
the case be submitted to the Inspector-General for orders. A copy of the
Inspector General?s order will be communicated to the visitor who may then, if
he thinks fit, address Government regarding the case. (a)
The Superintendent shall at once forward a copy of the inspection notes
recorded by visitors in the visitor?s book, through the District Magistrate and
the Commissioner of the Division to the Inspector General who may,if in his
opinion it is necessary, forward the correspondence for the information and
orders of the Government. A copy of the orders (if any) of Government or the
Inspector General shall be forwarded to the visitor through the Superintendent
of the Jail. (b)
The
Superintendent of Jail shall cause these orders to be copied into the visitor?s
book for information of the visitors. (a)
The Superintendent shall permit judicial and magisterial authorities and
also any persons provided with a written order from the High Court, the Chief
Court, District Magistrate, or Sessions Judge to enter the Jail for the purpose
of recording the statement of any prisoner. (b)
The District Magistrate may specially authorise any officer named by him
in writing to interview any prisoner for the purpose of obtaining information
which may lead to detection of crime. (a)
A person other than an official person may visit a Jail if he has
obtained the written permission of the Government of the United State of
Rajasthan or is accompanied by or has obtained the written permission of the
Inspector General, the Commissioner of the Division, The District Magistrate or
the Superintendent. Visits by such persons may be made on any day between the
hours of 7 and 11 A.M. This restriction, however, is not intended to prohibit
the Superintendent from admitting persons whom he may wish to show round the
Jail at any other time. (b)
Officers of PWD may enter Jail and during business hours. - The Superintendent Engineer of his circle and the Executive
Engineers of the District in which the Jail is situated, together with their
employees, shall, during business hours, have free access to the Jail to the
extent necessary for purposes connected with the discharge of their official
duties. (c)
Admission of police officer to the Jail and interrogation of prisoners by
them. - Any police officer of not lower
rank than a Deputy Superintendent shall for any purpose connected with the
discharge of his duties as such police officer, be permitted to enter the Jail
at any time. (d)
Police
officers of a lower rank than Deputy Superintendent who are in uniform and have
been detailed for the duty shall be permitted to enter the Jail for the purpose
of recognising old offenders, or for conducting operations for the
identification of prisoners during work hours on any week day. (e)
No police
officer shall be permitted to interview any prisoner except in so far as may be
necessary for the identification of such prisoners without any order in writing
from the District Magistrate or the District Superintendent of Police,
addressed to the Superintendent of Jail. (f)
Any
interview permitted under an order from the District Magistrate or the District
Superintendent of Police shall take place in the presence of the Jailor or
other proper officer of a Jail, who shall if required to do so keep at such a
distance that he may not hear the conversation that takes place. (g)
The
Superintendent of Jail shall, for the purpose of this rule, produce any
prisoner in his charge whom the police are authorised to interview and shall
afford every reasonable facility for this purpose. (h)
The
Superintendent shall arrange that every visitor shall not, in the absence of
special orders to the contrary, be permitted to put any question to prisoners
or to make any enquiry either from official or from prisoners concerning the
discipline and management of the Jail. (1)
Buildings. - Are the building secure and in good repair? (2)
Over crowding. - Is there any overcrowding? If so, where are
the excess prisoners accommodated, and are steps being taken to relieve it? (3)
Drainage. - Is the drainage of Jail in a satisfactory
state? If not, what are the defects? (4)
Water supply. - Is the water supply sufficient and good and
the means of carriage suitable? (5)
Have the drinking water wells been cleaned out recently? (6)
Food. - Are the articles of food in the Store-room and elsewhere properly
kept and in good condition? (7)
Does the weight of vegetables agree with the calculated weight in the
diet-roll and are they of good quality and properly cleaned? (8)
Is the food issued correct in quantity and are they of good quality and
properly cleaned? (9)
Is the full number of rations for all the prisoners forthcoming? (10)
Is the oil and condiments added to the curry in the presence of some
responsible officer? (11)
Clothing. - Have the prisoners the prescribed amount of
clothing and bedding in their possession? Is it in servicable order? Is bedding
placed in the sun every morning when the weather permits, and is the prescribed
extra blankets issued in the cold months? (12)
Bathing. - Are the prisoners required to bathe
regularly? (13)
Labour. - Are full tasks exacted from all labouring
prisoners fit for hard labour? Who checks the work done in the evening? Is the
outturn of each convict properly recorded on the work- tickets? (14)
Remission. - Is ordinary remission for industry given
with reference to the actual tasks performed? (15)
Are there any convicts who are not receiving remission for industry for
failure to perform tasks? If so, have efforts been made to enforce work by
means of punishment? (16)
Punishment. - Is the ratio of punishment in the Jail
unduly high? (17)
Discipline. - are convicts regularly searched for
contraband? (18)
Are convicts prevented from wandering about? (19)
Are gangs of convicts marched about in proper order? (20)
Habituals. - Are habituals separated from others at
night and, is there separation from others by day carried out as far as
possible? (21)
Under-trial prisoners. - Are there any under-trial prisoners who
have been detained in the Jail unduly long? (22)
Lunatics. - Are there any civil lunatics in the Jail
who have been detained under observation longer than the period allowed by law
and if so on whose warrants? (23)
Are there any criminal lunatics who have been unduly detained in Jail? (24)
Females. - Are the women prisoners thoroughly screened
from view of male prisoners? (25)
Juveniles. - Are juvenile prisoners under the age of 18
separated from both by day and night, from adults and are those juveniles who
have arrived at the age of puberty separated from those who have not as
required by section 27(2) of the Prisons Act? Do juvenile prisoners receive
instruction? (26)
Adolescents. - Are all adolescent prisoners, of ages
ranging from 18 to 20 or 22, separated at night both from the juveniles and
adults? (27)
Cells. - Is every cell utilized at night? (28)
Appeals. - Has there been any undue delay in
forwarding appeals to Court, or in the receipt of Court?s orders on appeals? (29)
Garden. - Is the whole
vegetable supply of the Jail obtained, from the Jail garden? If not, why cannot
this be done?Rules for Appointment and Guidance
of Official Visitors of Prisons
(Section 59 of the Prisons Act, 1894 authorises the State Government to make
rules, consistent with the Act, for the appointment and guidance of visitors of
prisons. These rules have been framed in exercise of powers so conferred).