CourtMesh

The Andaman and Nicobar Prison Manual, 2021

Union territory Rules of Andaman and Nicobar Islands · 189495,962 characters of text

The enactment

Long titleThe Andaman and Nicobar Prison Manual, 2021
TypeRules
Year1894
JurisdictionUnion territory of Andaman and Nicobar Islands
MinistryAndaman and Nicobar Administration
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectscriminal

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

> ANDAMAN AND NICOBAR ADMINISTRATION SECRETARIAT NOTIFICATION Port Blair, dated the 15thJanuary, 2021.

No. 11/2021/F.No. 3-54/NHRC/Jail/2020(PF)-I.— In exercise of the powers conferred by Section 59 of the Prisons Act, 1894 (Central Act IX of 1894) read with Notification No. 70/93/52-AN dated 11th Dec. 1952 of the Government of India, Ministry of Home Affairs, New Delhi and in supersession of previous Andaman & Nicobar Prison Manual, 2004, published vide Notification No. 109 of 2005 dated 23.06.2005, the Lieutenant Governor (Administrator), Andaman and Nicobar Islands hereby makes the following Rules, namely—

CHAPTER I SHORT TITLE, EXTENT AND COMMENCEMENT i) These rules may be called the Andaman and Nicobar Islands Prison Manual, 2021 ii) They shall extend to all the Prisons in the Union Territory of Andaman & Nicobar Islands.

iii) They shall come into force immediately.

DEFINITIONS Unless a different intention appears from the subject or context :

ACT

1.01 The Prisons Act of 1894 or any other law governing the prisons.

ADOLESCENT PRISONER

1.02 Any person— a) as who have been convicted of any offence punishable with imprisonment, or who having been ordered to give security under Section 117,Code of Criminal Procedure, 1973 (Central Act 2 of 1974) has failed to do so and who at the time of such conviction or failure to give security, is not less than 18 years, but not more than 21 years of age.

b) who has been committed to prison custody during the pendency of his trial and who at the time of commitment, is not less than 18 years, but not more than 21 years of age.

ADULT PRISONER

1.03 Any prisoner who is more than 21 years of age.

CASUAL PRISONER

1.04 A convicted criminal prisoner other than a habitual offender.

v.Meku rFkk lR;eso t;rs fudksckj jkti= Andaman And Nicobar Gazette vlkÌkj.k EXTRAORDINARY izkfÌdkj ls izdkfÓr Published by Authority la- 11] iksVZ Cys;j] 'kqØokj] 15 tuojh] 2021 No. 11, Port Blair, Friday, January 15, 2021 lR;eso t;rs 788395/2024/O/o Jailor (DJP) 1 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 2 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 CIVIL PRISONER

1.05 Any prisoner who is not committed to custody under a writ, warrant or order of any court or authority exercising criminal jurisdiction, or by order of a court martial and who is not a detenue.

COMPETENT AUTHORITY

1.06 Any officer having jurisdiction and due legal authority to deal with a particular matter in question.

CONVICT

1.07 Any prisoner under sentence of a court exercising criminal jurisdiction or court martial and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure of 1973 and the Prisoners Act of 1900.

CORRECTIONAL ADMINISTRATION

1.08 The administration of services aimed at the reformation and rehabilitation of the offender.

CORRECTIONAL PERSONNEL

1.09 Personnel employed by the Correctional Administration.

COURT

1.10 A Coroner and any officer lawfully exercising civil, criminal or revenue jurisdiction.

DETENUE

1.11 Any person detained in prison at the order of the competent authority under the relevant preventive laws.

GOVERNMENT

1.12 Government as defined in the Indian Penal Code, 1860 (Central Act XLV of 1860).

HABITUAL OFFENDER

1.13 A prisoner classified as such in accordance with the provisions of the law or rules.

HISTORY TICKET

1.14 The ticket exhibiting such information as is required in respect of each prisoner by the act or the rules thereunder.

IMPRISONMENT

1.15 As defined in the Indian Penal Code.

INMATE

1.16 Any person kept in an Institution.

INSPECTOR GENERAL

1.17 The Head of Directorate of Prisons.

INSTITUTION

1.18 A place where prisoners are kept.

MAGISTRATE

1.19 Any person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure.

MEDICAL OFFICER

1.20 In relation to prisons, this is a Gazetted Officer of the Government and includes qualified medical practitioners declared by general or special orders of the government to be a medical officer.

MILITARY PRISONER

1.21 A prisoner convicted by court martial.

788395/2024/O/o Jailor (DJP) 2 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 3 OFFENCE

1.22 Any act or omission made punishable by any law for the time being in force.

PRESCRIBED

1.23 As prescribed by rules.

PRISON

1.24 Any goal or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, under Section 417 of Cr.P.C, 1973 and includes all land and buildings thereto, but does not include:

(a) Any place for the confinement of prisoners who are exclusively in the custody of the police,

(b) Any place specially appointed by the State Government under Section 541 of the Code of Criminal Procedure, 1882 (10 of 1882).

PRISONER

1.25 Any person confined in prison under the order of a competent authority.

PROBATION OFFICER

1.26 An officer appointed as such by the State Government to undertake probation work under the Probation of Offenders Act of 1958, or any other law.

PROHIBITED ARTICLE

1.27 An article which cannot be introduced or removed into or out of a prison according to the Act or Rules.

REMAND PRISONER

1.28 A person who has been remanded by court to prison custody, pending investigation by the police.

REMISSION SYSTEM

1.29 The rules in force for regulating the remission of sentence of prisoners.

SUPERINTENDENT

1.30 An officer who is appointed by the competent authority to be in-charge of a prison with such designation as it may specify.

UNDER-TRIAL PRISONERS

1.31 A person who has been committed to prison custody with pending investigation or trial by a competent authority.

YOUNG OFFENDER

1.32 A person who has attained the age of 18 years and has not attained the age of 21 years.

788395/2024/O/o Jailor (DJP) 3 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 4 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

CHAPTER II INSTITUTIONAL FRAMEWORK

2.01 A diversified prison system is imperative to meet the custodial and correctional needs of various categories of prisoners. Prison has to be constructed and maintained on the basis of certain well defined norms. The prison structure should be designed to provide all the necessary facilities for prisoners to be treated as human beings and subject them to an environment conducive for their reformative treatment.

2.02 The following criteria must be adopted for the establishment of prisons:

i) The Union Territory Administration will establish sufficient numbers of prisons, as far as possible, and provide minimum needs essential to maintain standards of living in consonance with human dignity.

ii) Prisons will ensure that prisoners retain all their rights as human beings within the limitations of imprisonment.

iii) Prisons will ensure separation of the following categories of prisoners: a) Women (b) Young Offenders (c) Undertrials (d) Convicts (e) Civil Prisoners (f) Detenues (g) High Security Prisoners.

iv) The prisons' regime will prepare prisoners to lead a law abiding, self-supporting, reformed and socially rehabilitated life.

v) Diversified Institutions will be set up by each State/Union Territory according to its requirements.

vi) In order to make prisons efficiently manageable units ,norms regarding maximum population for different types of prisons will be laid down.

vii) Service conditions of prison personnel will be such as to secure and retain the best-suited and qualified persons.

viii) Efforts will be made to enlist community participation ineffective administration of prison programmes.

Institutional Pattern

2.03 The Union Territory Administration shall adequately provide for the diversification of Institutional resources to cater to the differential requirements of prisoners in terms of custody and correction. The factors to be considered will include age, sex, legal status of the prisoner, nature of crime, length of sentence, security requirements state of health and Correctional needs. Such a course implies the setting up of separate institutional facilities for different categories of prisoners, such as:

 Prisons/annexes/yards for under-trial prisoners.

 Maximum security prisons/annexes/yards for security risk prisoners and habitual or hardened offenders.

 Open prisons, semi-open prisons and open colonies/camps.

 Prisons/annexes/enclosures for women prisoners.

 Prisons/annexes/yards for young offenders.

 Prisons/annexes/yards for those suffering from infectious diseases.

 Prisons/annexes/yards for drug addicts.

 Prisons for those arrested during non-violent socio-political and economic agitation for a declared public cause.

2.04 Union Territory Administration shall establish a mechanism for the classification of prisoners to be housed in various types of institutions as enumerated above and will lay down the procedure to be followed. They will also specify the authorised population for each type of institution and 788395/2024/O/o Jailor (DJP) 4 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 5 norms with regard to area/space for prisoners as well as the number of prisoners to be housed as suggested in this Model Prison Manual. This may also include facilities for education, vocational training, work programmes, and cultural activities, library and recreation, both indoor and outdoor. It may also give specifications for the staff to be appointed in each type of institution. Apart from various types of prisons for specific categories of prisoners, State governments may create temporary prisons to deal with emergent situations.

Prison Architecture

2.05 Prison Architecture has to be based on the following:

i) The location of a new institution will be decided on the basis of —

(a) The functions which the institution has to perform.

(b) The training and treatment emphasis, and

(c) Programme content of the institution.

ii) New institutions will not be constructed near easily flooded and inundated areas, frontiers and international borders, sub-marginal land areas, sea-faces, airports and congested urban localities.

iii) While selecting the site for new institutions, factors like transport facilities, water supply, electric lighting ,connections with high power electric transmission lines, drainage and sewage, communication facilities (such as posts, telegraphs, telephones and internet) climatic conditions, facilities for the purchase of institutional supplies, have to be taken into consideration. Also, institutions like courts, civil hospitals, mental health centres, educational facilities for children of prison personnel, should as far as possible be within easy reach.

iv) No building, other than the prison, will be constructed within 150 mtrs. of the prison wall of a Central Prisons, within 100 mtrs. of the prison wall of a District Prison and within 50 mtrs.

of the prison wall of Sub-Prison.

v) The Architecture of institutions will be governed by two principles viz. (a) adequate protection to society through the establishment of Security Conditions; and (b) adequate resources which would be necessary for the successful implementation of various correctional programmes. Institutional design and architecture have to be functional.

vi) The plan of an institution will be based on a careful analysis of inmate population, age group, custodial, requirement, diversified work, educational programmes, etc.

vii) Closed prisons are classified into three categories that is central prisons, district prisons and sub-prisons. Authorised population for these prisons will not exceed 1000, 500 and 300 prisoners, respectively.

viii) There will be enough open space inside the perimeter wall to allow proper ventilation and sunlight. The area enclosed within the four walls of a prison will not be less than 83.61 sq.

mtrs. per head of total capacity. Where land is scarce the Minimum area will be 62.70 sq.

mtrs. per prisoner.

ix) No building inside a prison will be nearer than 50 mtrs. to the perimeter wall.

x) The area of an institution will be fixed in accordance with the needs of an institutional programme.

xi) The requirements of segregation of inmate groups within an institution in accordance with the prescribed principles of classification will be provided for in every building plan. The requirements of administration and supervision will also be taken into account while planning buildings.

xii) Each region/division will have an institution for women prisoners according to local requirements. Each central, district and sub-prison will have an enclosure for womenprisoners.

788395/2024/O/o Jailor (DJP) 5 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 6 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 xiii) The existing enclosures for women in common prisons will be renovated to ensure that women prisoners do not come in view of male prisoners during their passage to and from these enclosures. These enclosures will have a double lock system – one lock outside and the other inside, the keys of the latter always remaining with a woman guard inside.

The institutions/enclosures for women prisoners will have all the requisite facilities with reference to their special needs such as segregation, protection, pregnancy, child-birth and family care, healthcare, training and rehabilitation, etc.

xiv) Under-trials and detenues will be lodged in separate institutions away from convicted prisoners.

xv) Accommodation for prisoners will provide adequate cubic contents of air, floor space, lighting, ventilation and climatic protection.

xvi) All constructions in prison department will adhere to ISI standards.

xvii) A special cell with adequate technical staff will be set up at the prison headquarter of each State to plan, monitor and supervise all constructions and repair works in the department.

xviii) CCTV cameras shall be installed in Worksheds, Kitchens, Hospital, Main Gate, Interview Rooms, high security enclosures and in the premises of the barracks for monitoring purposes.

Norms for Prison Buildings

2.06 Prison buildings have to be constructed on the following norms:

Main Gate

2.06.1 The minimum dimension of the main gate and second gate of all the closed prisons will be 3 mtrs. in width and 4 mtrs. in height. Dimension of main and rear gates should be wide that in case of fire exigencies afire tender, a bore well rig to dig bore well a lorry to transport raw material/logs for factory and ration articles could pass through these gates. The gate will be made up of a strong steel frame having vertical round or square steel bars of 25 mm. dia or thickness. Each gate will have a wicket-gate of at least of 0.6 mtr. in width and 1.5 mtrs. in height. The main gate and the wicket-gates will have strong locking arrangements from inside.

Both gates will have arrangements for easy opening and closing of shutters. The gates will be covered with iron sheet from outside up to the height of 2.5 mtrs. The wicket-gates will have peepholes covered with lead at eye level. The main gate may be painted with colours identical to that of departmental flag if prescribed by the UT Government.

2.06.2 Space between two gates will not be less than 16 mtrs. in length and 5 mtrs. in width to facilitate gate operations. It will have the following facilities:

(a) A cabin.

(b) Gatekeeper.

(c) Search.

2.06.3 Entry to the prison will only be through a single point, that is the main gate, and all other entry points, if existing, will be closed permanently.

2.06.4 There will be a properly designed administrative block for each category of prison. The administrative block will be located adjacent to the main gate and will have office rooms, record rooms, conference hall, common rooms, enquiry cabins and control rooms for efficient functioning of the administration.

2.06.5 A court hall may also be set up to dispose of cases of under-trials involved in petty offences.

2.06.6 The reception unit will have necessary facilities for proper implementation of admissionquarantine orientation-classification programme. Physical facilities will be set up in accordance with the number and type of inmates to be received, and the programme to be followed for proper segregation of various types of inmates. The unit will have dormitory and single room type accommodations. Provision will also be made for following facilities:

788395/2024/O/o Jailor (DJP) 6 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 7

(i) A building where the inmates will be initially received,

(ii) Office room, (iii) Interview room and exercise and recreational areas, etc. The buildings and areas where the admission programme has to be carried out will be located in close proximity of the hospital.

Housing

2.07 All accommodation provided for use of prisoners, particularly for sleeping, will meet basic requirements of healthy living. Due regard shall be paid to climatic conditions, cubic contents of air, minimum floor space, lighting and ventilation.

2.08 There will be three types of living accommodations as mentioned below:

(i) Barracks with accommodation for not more than 20 prisoners

(ii) Single room accommodation for prisoners needing privacy for pursuing studies, etc.

(iii) Cells for segregation of prisoners for the purpose of security and contagious diseases

2.09 The minimum accommodation capacity of dormitories/barracks, cells cottages, and hospitals per-prisoner will ordinarily be according to the following scale:

SLEEPING BARRACKS CELLS HOSPITALS Sq. mtrs.

of ground areas Cu. mtrs.

of air space Sq. mtrs.

of lateral ventilation Sq. mtrs.

of ground areas Cu. mtrs.

of air space Sq. mtrs. of lateral ventilation Sq. mtrs.

of ground area Cu. mtrs.

of air space

3.71 15.83 1.12 8.92 33.98 2.23 5.58 23.75

2.10 A plate indicating the authorised accommodations will be attached to the housing unit.

Ordinarily, the number of prisoners confined in a housing unit will not exceed its authorised accommodation.

Barracks

2.11.1 If a barrack is flat-roofed there will be ceiling ventilation that is, opening at intervals close to the junction of wall and ceiling 30 x 12.5 mtrs. If the barrack is gable-roofed, there will be a ridge ventilator. The minimum height of roofs or ceilings will not be less than 10 feet from the floor.

2.11.2 The floor of the barrack will be made of impermeable material such as cement concrete.

2.11.3 All barracks will, if possible, be provided with verandahs not less than 2 mtrs. in width

2.11.4 Though ventilation of the sleeping barracks is of the greatest importance, prisoners will not be permitted to close the windows and ventilation openings with shutters or curtains at their discretion. In new barracks, the ventilating area per head will be half a window. As standard grated window is 7 feet x 3 ½ feet, half a window will mean 1 sq. mtrs. The ventilation will, however, be controlled according to the season wherever necessary; otherwise the barracks will be too cold and damp during winter and rainy season.

2.11.5 Where accommodation is overcrowded and does not meet the prescribed standards, secure corridors/verandahs and work sheds may be used for accommodating short term prisoners and under-trials involved in minor and petty offences during night. If at any prison overcrowding is likely to continue, the excess number of prisoners will be transferred to other institutions or camps as the case may be, with prior approval of the Inspector General of Prisons.

2.11.6 The structural arrangements of fittings and fixtures and locking devices of barracks will be secure enough to prevent escapes. The existing wooden frames of the doors, windows and ventilators will be replaced by iron/steel frames. The iron bars used in doors, windows and ventilators will be of 25 mm. dia. and the clear distance between two bars will be 7.5 cm.

2.11.7 A barrack will have only one door of 2.2 x 1 mtrs. and will have a single shutter. The door of a barrack will have clear opening of 1 mtr. The iron frame will be made of angle- iron of minimum of 10 mm. thickness.

788395/2024/O/o Jailor (DJP) 7 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 8 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

2.11.8 The measurement of each berth in the ground floor will normally be 2 x .75 mtrs. with a height of 0.45 mtrs.

2.11.9 A fixed or in-built shelf will be provided for each inmate so that he may keep his belongings there.

2.11.10 Sufficient artificial light will be provided to enable the prisoners to work and read without difficulty in their barracks after dusk.

Cells

2.12.1 There will be thorough ventilation of every cell. At the back of the cell there may be a clerestory window.

2.12.2 The floor of the cell will be made of impermeable material.

2.12.3 Each cell will have a yard attached to it where a prisoner can have the benefit of sufficient air and light.

2.12.4 It will be provided with a flush latrine. Existing cells will not be put into use till this facility is provided in them.

2.12.5 Cells will be provided with sleeping berths as prescribed earlier.

2.12.6 Adequate fire safety systems will be installed in the barracks/cells.

2.12.7 The barracks shall be free from tobacco, smoke and excessive noise.

Latrines

2.13.1 Each barrack used for sleeping will have sufficient number of attached WCs, urinals and wash places. The ratio of such WCs will be one unit per 10 prisoners. The ratio of the WCs which can be used during day time will be one unit per six prisoners.

2.13.2 Latrines will be of the sanitary type with arrangements for flushing. They will be placed on an impermeable base which will be higher than the surrounding ground and will be so built that the sun’s rays can easily enter the latrines and rain is kept out. The partitions separating the latrines will be high enough to provide a reasonable degree of privacy. Latrines will be so designed that all excreta and wash materials will get into the receptacles without fouling the sites. Every seat will be provided with foot rests with an impermeable surface which will be in the right position and not too far apart. The inside walls of latrine will be fitted with glazed ceramic tiles upto the height of 1 mtr. from the floor level, as far as possible.

Bathing Places

2.14.1 Every prison will provide covered cubicles for bathing, at the rate of one for every 10 prisoner, with proper arrangements to ensure privacy. Every prisoner will be required to have bath as frequently as necessary for general hygiene according to climatic conditions.

2.14.2 Taking into consideration that the daily requirement of water of an individual is about 135 ltrs., there will be an arrangement for the adequate supply of water in every prison. If feasible, new prisons will have arrangements for rainwater harvesting and recycling of water, keeping in view its cost effectiveness.

2.14.3 Each prison will have an independent standby arrangement for water supply.

2.14.4 All prison building should have rain water harvesting system to improve the water supply to prison.

Kitchen

2.15.1 The general kitchen will ordinarily be located at a central place inside the prison so that the distribution of food among the prisoners may be finished quickly. The kitchen will not be built close to the sleeping barracks. It will be well ventilated and lighted. It must always be kept clean and tidy. The oven will be of the type in which the heat does not escape outside and the smoke is let out by a suitable chimney regardless of the type of fuel used. The kitchen will be protected by a fly proof wire mesh all around. Sufficient number of exhaust fans will be 788395/2024/O/o Jailor (DJP) 8 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 9 installed and artificial ventilation may be provided if necessary. The kitchen must be provided with fly-proof automatic closing doors. It will have floors made of an impermeable material.

Each kitchen shed will be provided with adequate supply of pure water which will be used for both cooking and washing. The water will be collected from taps inside the kitchen. It is desirable that no single kitchen caters for more than 250 prisoners. Cooking and serving utensils will be made of stainless steel. Management of kitchen or cooking of food on caste or religious basis will be totally banned in prisons. Prison kitchens will be modernized by introducing LPG and Hotplates. Kneading machines, chapatti making machines, mixers and grinders, will also be introduced.

2.15.2 There will be a provision for covered dinning space in prisons so that prisoners may take their meals under a roof and on a platform.

2.15.3 If necessary there will be two shifts of workers in the kitchen.

2.15.4 The minimum space requirement in the kitchen will be150 sq. mtrs. per 100 prisoners. It will facilitate sufficient pace for storage of provision articles, vegetables, dressing and cutting food, containers and cooking utensils etc.

2.15.5 The walls of the kitchen will be provided tiles up to a height of 2 meters for easy cleaning.

2.15.6 Adequate fire safety systems will be installed in the Kitchen.

Hospital

2.16.1 In every prison there will be separate hospitals with the necessary number of beds for indoor treatment with separate ward for men and women. All central and district prisons will provide hospital accommodation for 5% of the authorised inmate population. The location of the hospital will be as far away from the barracks as possible. Every hospital ward will be so constructed as to allow sufficient light and air. The floors and walls will be made of impermeable material. Latrines and baths will be provided close to the wards so that the sick prisoners do not have to walk far to use them. There will be arrangements for continuous supply of potable water in the hospitals.

2.16.2 The prison hospital will be situated near the main gate of the prison, the accommodation provided will include :

a) Ward for patients.

b) Toilet and bathing facilities at the rate of one for every five patients.

c) Store room for hospital furniture and equipment.

d) Dressing cum-injection room.

e) Room for minor surgery.

f) Room for laboratory.

g) Room for the Medical Officer.

h) Isolation rooms for accommodating patients with infectious and contagious diseases (such as T.B.,Leprosy and H.I.V.+/AIDS).

i) Isolation rooms for accommodating mentally ill patients.

Work Sheds

2.17 Areas where prisoners work will have a minimum space of 500 cubic feet per prisoner in structures that will be constructed as workshops or factory buildings; for efficient ventilation the window area will not be less than 20% of the floor area subject to such variations as are found necessary in relation to particular industries or locations to be organized.

2.17.1 Adequate fire safety systems will be installed in the work shed.

Recreational Facilities

2.18. Proper recreational facilities like, grounds for outdoor games, auditorium for cultural activities, library, indoor games, yoga, etc.

788395/2024/O/o Jailor (DJP) 9 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 10 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

CHAPTER III HEADQUARTERS ORGANISATION AND ALLIED ESTABLISHMENTS

3.01 The effectiveness of prison administration depends largely on the quality of literacy and supervision of various institutions and the implementation of programmes therein, for which in turn, depends on the man power deployed at various levels of hierarchy.

3.02 Prisons and correctional services will be under the control of the Home Department as it is responsible for the services in this field. There will be a separate division of the Home Department for dealing with the matters connected with prisons and correctional services.

3.03 Union Territory Administration will appoint the Inspector General of Prisons and Correctional Services who will exercise general control and superintendence of all prisons situated in the state. The Inspector General will ensure the implementation of the provisions of the Prisons Act through other officers as appointed by the government for assisting him at the headquarters, regional organisation, at the prisons and at other institutions under his control. The Inspector General will have such administrative authority as is laid down in this Manual and as may be determined by the government from time to time.

Authority and Powers of the Inspector General of Prisons

3.04 The general functions of the Inspector General of Prisons shall be :

i) To implement prison policies as laid down by the State Government ii) To plan, organise, direct, coordinate and control the various prison / correctional services iii) To define the functions and fix lines of authority and channels of command of the prison personnel iv) To inspect prisons institutions with special reference to care, welfare, training and treatment of inmates, staff discipline and staff welfare, etc.

3.05 As the Head Quarter of the Department, the Inspector General will have necessary financial, administrative and disciplinary powers.

3.06 The Inspector General will prepare the budget for the various services under his control.

Subject to the rules and orders of the Union Territory Administration and the requirements of the Accountant-General, the expenditure of the Department of Prisons and Correctional Services will be controlled by the Inspector General.

3.07 The Inspector General may sanction any item of expenditure provided in the budget, but the sanction of Union Territory Administration will be obtained to all special and unusual charges for which distinct provision may not have been made or which are newly entered in the budget.

Subject to provisions of this rule, an adequate grant will be placed at the disposal of the Inspector General to meet expenditure of a special nature.

3.08 The Inspector-General will manage the personnel in the department and exercise disciplinary powers, including powers of redeployment of staff, on par with the powers of the Inspector General of Prison.

Range/Regional Headquarters Organization

3.09 Each large state will be divided into convenient ranges/regions and all correctional institutions and programmes for adult and young offenders in the range will be placed under the charge of a Superintendent of Prisons. The range/regional Superintendent of Prison will be vested with sufficient powers of direction, control, inspection, supervision, and guidance through substantial delegation of financial and administrative and disciplinary powers, including the following powers :

788395/2024/O/o Jailor (DJP) 10 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 11  To conduct inspections and make visits of all institutions under his control.

 To transfer convicted prisoners from one prison to another, within his jurisdiction.

 Power to accord permission to religious and moral tutors.

 The Superintendent of Prison may exercise all financial powers conferred on him by the relevant provisions of Financial Code.

3.10 The Inspector General of Prisons will be assisted by the following staff and officers:

 Superintendent of Prisons-Head of Unit Institutional setup.

 Assistant Director of Correctional Services.

 Regional Probation and Aftercare Officer.

 Assistant Engineer (Building).

 Ministerial, Accounting and Other Staff.

Training of Staff

3.11 Training Institutes should impart training to the Prison Officers to acquire necessary knowledge and techniques. The senior and middle level officers shall be imparted basic / in service and refresher training in the regional institutes established at four regions of the country.

SUB JAIL

3.12 Subject to the general control by the Inspector General of Prisons, the Assistant Commissioner of the Respective sub-division shall exercise supervision and authority over the Sub Jail within his jurisdiction and officers -in-charge of Sub-Jail shall obey all orders issued by the Assistant Commissioner of the area concerned.

3.13 The Assistant Commissioner shall communicate with the Andaman and Nicobar Administration/ IG, Prisons on all matters connected with the Sub Jail.

3.14 The Assistant Commissioner shall inspect Sub Jail as often in a year as possible, and inform the results of his inspections to the Andaman and Nicobar Administration.

3.15 He may within the limit of the allotment of “Other Charges’ for the Sub Jail located in his jurisdiction, sanction purchase of any articles or number of articles of the same description for the use of the Sub Jail under his control.

3.16 The Director of Health and Medical Services, and the Inspector General of Police, Andaman and Nicobar Islands or any officer authorised by the A & N Administration shall be at liberty, to enter and inspect at all reasonable time any judicial lock-up and other building or place connected there with and used or intended for confinement of undertrial prisoners and to see that all such prisoners are properly kept in the confinement and the relevant records have been properly maintained in the Sub Jail. These visitors shall inform the results of their inspections to the Andaman and Nicobar Administration / IG, Prisons. They shall not give orders or instructions to the Officer-in-charge of the Lock-up/Sub Jail.

3.17 No Police Officers shall be permitted except under the authority of a Magistrate to enter into Lock-up / Sub Jail for the purpose of communicating with any prisoner under remand.

THE SUPERINTENDENCE

3.18 Unless otherwise ordered by the Administrator, the Tehsildar, of the area concerned shall be the Superintendent of the Sub Jail.

3.19 During absence of the Superintendent the charge thereof shall develop on the officer to be nominated by the Assistant Commissioner of the area concerned or IG, Prisons.

3.20 The Superintendent shall be responsible for the due and proper compliance with the provisions of all rules and orders, the observance of all provisions of legislative enactments and the due execution of all warrants. He shall record his orders in the order book.

788395/2024/O/o Jailor (DJP) 11 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 12 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

3.21 The Superintendent shall (when at head quarters) see the prisoners in the Sub Jail frequently.

He shall see that prisoners are in receipt of the prescribed bedding, rations are cooked food as per the diet scale prescribed in the Annexure I and that all sanitary arrangements in the premises of the Sub Jail are correctly carried up.

3.22 The Superintendent shall hear and enquire into any complaint, which any undertrial prisoner may make.

3.23 He shall, if required, accompany all inspecting officers during the course of their visits to the Sub Jail.

MEDICAL ADMINISTRATION

3.24 The senior Medical Officer of the station in which the Sub Jail is located or the Medical Officer next to him shall be the Medical Officer of the Sub Jail.

3.25 The Medical Officer shall visit the Sub Jail daily except on Sundays and holidays if there are undertrial prisoners confined in it. He shall see that the water supply is from a protected source, that the latrines kept thoroughly clean, and that all sanitary arrangements are properly carried out. When there is no prisoners confined in the judicial lock-up or when there is need for the Medical Officer to visit the Sub Jail on Sundays and Holidays, the Superintendent / Jailor shall give timely intimation of the fact to the Medical Officer.

3.26 The Medical Officer shall maintain register in which he shall enter each visit to the Sub Jail and results thereof, recording any want of cleanliness, drainage, warmth or ventilation, and any insufficiency of clothing’s. The register shall be kept at the Sub Jail.

3.27 The Medical Officer shall be responsible for the treatment of the sick and shall record clearly and fully in his register recommendations as to the diet, medicines or other treatment of the sick, which he thinks necessary. The Officer in executive charge of the Sub Jail shall see that such instructions are correctly carried out.

3.28 In all but trivial cases the Medical Officer shall also record daily in the register regarding the condition of each patient so that the register may serve the purpose of rough casebook.

3.29 Any prisoner who is found to be suffering from infectious diseases, or who is seriously ill, shall be at once be removed to the nearest hospital, due arrangements being made by the Superintendent in consultation with the police, for his being properly guarded there in order to avoid escape from the custody.

3.30 Upon the death of any prisoners, the Medical Officer shall record the following particulars and shall send a copy of such record without delay to the Superintendent, who shall forward it to the Assistant Commissioner and IG Prisons.

(i) The day on which the deceased first complained the illness or was observed to be ill.

(ii) The work, if any, on which he was engaged on that day.

(iii) The scale of diet on that day.

(iv) The day on which he was admitted in hospital.

(v) The day on which the Medical Officer was first informed of the illness.

(vi) The nature of disease.

(vii) When the diseased was last seen before his death by the Medical Officer or Medical Subordinates.

When the prisoner died, and (in case where a post mortem examination is made). On account of appearances of or death together with any special remarks that appeared to the Medical Officer to be relevant.

3.31 Any serious accident or death occurring in a Sub Jail shall be immediately reported to the Medical Officer, Assistant Commissioner and the Andaman and Nicobar Administration forthwith and adopt all other procedure as laid down in connection with Custodial death.

788395/2024/O/o Jailor (DJP) 12 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 13

3.32 In every case of death the procedure laid down in Chapter No. V shall be carried out strictly.

3.33 Every prisoner admitted to a Sub Jail shall submit himself to inoculation against typhoid, cholera and vaccination against small pox whenever the Medical Officer considers it necessary in the interest of the prisoner’s health in the Sub Jail.

3.34 It is the duty of the authorities of the judicial lock-up to do what they reasonably can do to keep prisoners in their charge in good health and save them from death and disease. If an undertrail prisoner on hunger strike is likely to cause his own death, then the Medical Officer may, in his direction, at such stage as he thinks fit, direct that such prisoner be forcibly fed. Forcible feeding should not be effected with unnecessary violence. Food approved by the Medical Officer shall be regularly placed at the site of the hunger striker and shall be renewed at regular intervals. In cases where forcible feeding cannot be given and treatment in a hospital is necessary, the hunger striker may, at the discretion of the Medical Officer, be sent to the nearest hospital, where necessary facilities for the purpose are available.

3.35 Cases of hunger strikes shall be handed firmly and no appeasement should be allowed. The inmates should be warned that no redress of any alleged grievance will be made as long as the strike continues, and that they will be prosecuted under the relevant provisions of law for resorting to hunger strike.

3.36 In every case of hunger strike, the Superintendent shall report, giving reasons of the inmates for resorting to hunger strike, direct to the Andaman and Nicobar Administration immediately with a copy to the Assistant Commissioner and the District Magistrate. The report to be submitted daily should be accompanied by a Medical report contending following particulars.

i) Name of Prisoner.

(ii) Date of admission to Sub Jail.

(iii) Date of commencement of hunger strike.

(iv) Last meal taken on.

(v) Weight on admission.

(vi) Weight on date of report.

(vii) Temperature.

(viii) Pulse.

(ix) Respiration.

(x) Blood Pressure.

(xi) Urine.

(xii) Whether the hunger striker has taken any nourishment or water.

(xiii) Whether forcible feeding has been resorted to.

(xiv) Any other important particulars and,

(xv) Remarks, if any regarding general condition.

3.37 The Superintendent will continue to be responsible for the obtaining of the report from the Medical Officer concerned and transmission to Andaman and Nicobar Administration and other authorities, irrespective of the fact whether the hunger strike is admitted to the local hospital or removed to any other hospital at some distance on the place where the judicial lock-up is located.

Note: For the purpose of this rule, huger strike ill include any case of refusal to take food wholly or insufficient quantity when such refusal involves a risk to the inmates life as a result of self imposed starvation (not amounting to total hunger strike). The rule does not, however, apply to cases of stray refusal of one or more items of food, say, because of indigestion want of appetite or because it is not to taste or it is spoiled or such other temporary reasoning.

788395/2024/O/o Jailor (DJP) 13 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 14 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 OTHER ESTABLISHMENT

3.38 There shall a sub-Jailor (hereinafter referred to as “the Jailor”) appointed for every judicial lock-up / sub Jail.

3.39 The Jailor shall, subject to the control of the Superintendent, be generally responsible for the management of the judicial lock-up / sub jail.

He shall see that : ––

(i) Inmates receive prescribed diet at the proper hours.

(ii) All inmates are furnished with the prescribed clothings and bedding.

(iii) The wards and premises are clean.

(iv) Sanitary arrangements are in top condition.

(v) Prisoners of different classes are kept apart as far as possible.

(vi) The discipline is maintained.

(vii) All other rules relating to the judicial lock-up are observed.

3.40 The Jailor shall ensure that following registers are maintained and he shall have charge of the prisoners warrants, and shall conduct necessary correspondence :- i) Admission Register ii) Property Register iii) Judicial lock-up Register iv) Stock book of Government Stores v) Gate Register vi) Register showing particulars of prisoners fed at Government Cost.

HEAD WARDER

3.41 There shall be at least one Head Warder for every judicial lock-up / sub jail. He shall obey all the orders issued by the superintendent and the Jailors and shall report to them fully in all matters concerning the judicial lock-up.

3.42 It shall be the duty of every Head Warder to : ––

(a) Supervise the warders subordinate to him in discharge of their duties. The posts and duties of warders shall be frequently changed.

(b) Be responsible for their appearance and discipline. Any warders improperly dressed while on duty shall be reported by the Head Warder.

(c) Enforce strict compliance on the part of both warders and prisoners with all rules of the department and report every breach thereof to the Jailor/Superintendent. Should it be proved that any Head Warder willfully neglected to report breach of discipline of which he is cognizant, he shall be liable to severe disciplinary action.

(d) Assist the Jailor in all routine/duties.

(e) Open the sleeping wards each morning and count the inmates.

(f) See that no dirt or litter is allowed to lie about the judicial lock-up and that the drains are kept clean.

(g) See that wards are clean and ventilated during daytime and that the beddings are properly folded and arranged and that the beddings and clothings are well aired.

(h) Cause all gratings, doors and the like to be secured and satisfy himself from time to time that they are secured.

(i) Search and lock-up the prisoners at the prescribed time.

788395/2024/O/o Jailor (DJP) 14 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 15

3.43 In the event of an escape taking place, the Head Warder shall be held primarily responsible, unless he can satisfactorily prove that the escape was due to no laxity of duty on his part.

WARDERS

3.44 He shall, when on duty, appear in proper uniform and shall see that the warder under his charge are also in proper uniforms.

3.45 Each warder shall have a particular duty assigned to him superior officers. The post and duties of warders shall be frequently changed.

3.46 It shall be duty of the warders to : - a) count the prisoners made over to them and to declare their number to the Head Warder.

b) stand on patrol whilst on duty. In no circumstances may a warder take off his belt and lie or sit down whilst on duty.

c) search all prisoners during their watch and report the discovery of any prohibited articles, if any.

d) prevent the use of any drugs or possession of money or unauthorized articles of good.

e) report breach of Sub Jail rules.

f) prevent all loud talking, laughing, singing or playing except in an authorised manner as stated above. Prevent quarrelling and other unseemly behaviour.

g) see that no prisoner leaves his own enclosure without authority or communicates with any other fellow prisoner with whom he has no proper concern or with any outsider.

h) see that no dirt or litter is allowed to lie about and that drains are kept clean.

i) report prisoners urinating or defecating into the drains, or in any place other than the place provided for the purpose.

j) see that cleanliness of the prisoner’s clothing, bedding, plates, katoras and arrangements of their kits and see that bedding is aired properly.

k) bring to the notice of the Head Warder any sign of sickness of any prisoner or any prisoner complaining of sickness.

l) report any plots against the Sub Jail authority for the purpose of escaping, assault, outbreak or of obtaining for bidden articles and every breach of Sub Jail rules.

m) report any case of willful damage to clothing or any other property of the judicial lock-up / Sub Jail.

n) prepare prisoners for muster and parades and see that prisoners behave well and keep silence.

o) report at once to the Head Warder or to the responsible officer the fact of any prisoner found missing.

p) remain fully and constantly alert while on duty.

3.47 Every Warder shall, at all times, whilst on duty, be properly and cleanly dressed in his uniform.

3.48 No Warder, shall in any circumstances, leave is posts till properly relieved and his responsibility shall continue till he is so relieved, provided that he may leave his best/posts to prevent an escape or any serious injury being done to anyone in the Sub Jail or to assist in subduing a disturbances taking place within his sight.

CLASSIFICATION AND ACCOMMODATION

3.49 Under no circumstances shall men and women inmates be placed in the same ward. As far as practicable, different classes of prisoners should not be placed in the same ward.

3.50 The child (or children) of a women prisoner may be admitted into a Sub Jail with mother, if it cannot be placed with relations or otherwise conveniently provided for, provided the age of child or children does not exceeded 06 years. Children in the Sub Jail shall be allowed such diet and clothing as the Medical Officer may order for them.

788395/2024/O/o Jailor (DJP) 15 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 16 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

3.51 The Superintendent shall be responsible to see that overcrowding does not occur in the Sub Jail. If the Sub Jail is full, the Superintendent shall at once report the matter to the Assistant Commissioner and the IG Prisons of the Andaman and Nicobar Administration with a view to transfer of some of the inmates being occurred. He shall in the meantime make the best arrangements practicable for the safe custody of the inmates of the Sub Jail.

3.52 Full time staff of the Sub Jail shall be provided with rent free unfurnished accommodation nearby the Sub Jail as far as possible.

DAILY ROUTINE AND DISCIPLINE

3.53 The wards in the Sub Jail shall be unlocked daily at day break. The bedding of the prisoners shall be at once brought outside, well shaken, folded and if weather permitting, left for some hours in the sun.

3.54 The prisoners shall visit latrines and shall be allowed to wash. Where suitable enclosures exits, they shall be kept in the open air such as much as possible during the day time.

3.55 The morning tea and breakfast shall be served at 05.30 AM, Mid-day meal at 10.00 AM and afternoon meal at 04.00 PM. The Superintendent may change the timings if deemed necessary. After each meal, the prisoner shall be allowed to visit the latrines. The prisoner will clean utensils and wards. They shall be locked at sunset.

3.56 All prisoners when they are admitted into the Sub Jail and when they are locked at night shall be thoroughly searched.

3.57 No prisoner shall be permitted to leave the Sub Jail after nightfall.

3.58 Undertrial prisoner shall not allowed to cut or shave or in any way to alter their personal appearance so as to make it difficult to recognize them.

3.59 An undertrial prisoner who has been in a judicial lock-up for more than a month, if he so desires, may have his hair or beard suitably cut or but cutting shall be such that it shall not so alter his appearance as to make his identification difficult.

OFFENCES AND PUNISHMENTS

3.60 The following acts are forbidden, and every prisoner who wilfully commits any or all of the following acts shall be deemed to have wilfully disobeyed the regulations of the Sub Jail.

1) Talking during works hours, or talking loudly, laughing or singing at any time after having been ordered to desist.

2) Quarrelling with any other prisoner.

3) Secreting any articles whatsoever.

4) Disrespect to any Sub Jail officers or visitor.

5) Making groundless complaint.

6) Answering untruthfully any question put by an officer of the Sub Jail or a visitor.

7) Holding any communication (in writing by word or mouth or otherwise) with an outsider, with a prisoner of the opposite sex or different class in disobedience of the regulations of the Sub Jail.

8) Abetting the commission of any prison offence within the meaning of the Prison’s Act, 1994 (9 of 1894).

9) Omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to a staff of the staff of the Sub Jail when called on to do so.

10) Doing any act or using any language calculated to wound or offend the feeling and prejudices of a fellow prisoner.

11) Doing any act calculated to create any un-necessary alarm in the minds of the inmates or staff of the Sub Jail.

788395/2024/O/o Jailor (DJP) 16 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 17 12) Loitering about the Sub Jailor lingering in the wards when those are open.

13) Visiting the latrines or bathing platform except at stated hours or without permission.

14) Refusing to eat the food issued.

15) Eating or appropriating any food, not assigned to him or taking from or adding to the portions assigned to other inmates of the Sub Jail.

16) Removing without permission food, form the place where meals are served, or disobeying any order as to the issue and distribution of food and drink.

17) Introducing into food or drink, anything likely to render it unpalatable or unwholesome.

18) Willfully destroying food or throwing it away without orders.

19) Omitting or refusing to wear any clothing, if any, given to him or exchanging or loosing, damaging or altering any part.

20) Omitting or refusing to keep the person clean.

21) Omitting or refusing to keep clean his clothing, bedding, cups or plates, or disobeying any order as to the arrangements or disposition of such articles.

22) Tampering in any way with the locks, lamps, lighter other property of the Sub Jail with which he has no concern.

23) Stealing any part of the clothing or bedding of any other prisoner.

24) Committing a nuisance in any part of the Sub Jail.

25) Spitting or otherwise spoiling any floor, door, cell or other part of the Sub Jail, or any articles therein.

26) Wilfully befouling the well, latrine, washing or bathing place.

27) Damaging the trees or vegetables in the garden of the Sub Jail.

28) Omitting or refusing to take due care of all the Sub Jail property entrusted to him.

29) Omitting or refusing to take care of, or injuring, destroying or misappropriating, the materials and implements entrusted to him for work.

30) Omitting to report at once any loss, breakage, or injury which he may accidentally have caused to the judicial lock-up property.

31) Wilfully causing to himself any illness, injury or disability.

32) Casing or omitting to assist in suppressing violence or insubordination of any kind.

33) Taking part in any attack upon any prisoner or officer of the Sub Jail.

34) Omitting or refusing to help any staff of the Sub Jail in case of an attempted escape or attack upon such staff or upon another undertrial prisoner.

35) Disobeying any lawful order of the staff of the Sub Jail.

3.61 The Superintendent of the judicial lock-up may impose for any prison offence any of the punishments mentioned below : ––

(i) Formal Warning.

(ii) Withdrawal of facilities of letter writing or receiving and interviews.

(iii) Segregation.

(iv) Solitary confinement.

3.62 The following shall be deemed to be prohibited articles : –– i) Poisons ii) Alcohol in any form iii) Snuff 788395/2024/O/o Jailor (DJP) 17 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 18 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 iv) Opium.

v) Ganja or other hemp drug, bottle, arecanut, food, clothing, money, jewellery, knives or other weapons, matches, explosives, books or writing materials, letters, postage stamps, playing cards, or any other articles received, possessed or transferred otherwise than by the authority.

vi) Food, clothing, letters, books may be permitted on the permission of Superintendent.

3.63 The sacred threads of thread wearing casts and the thali mangalsooter or wedding ring shall in no case be removed.

DIET, WATER SUPPLY AND CLOTHING

3.64 The Superintendent of the Sub Jail shall arrange feeding of prisoners at a cost not exceeding as prescribed in Annexure I per diem per head, which includes provision for serving Evening Tea. This amount is subject to variation from time to time.

3.65 The source from which drinking water for the prisoners is obtained should be protected from pollution.

3.66 Suitable arrangements shall be made to supply every inmate of the Sub Jail sufficient quantity of drinking water in a covered container.

3.67 Undertrial prisoners in the Sub Jail shall wear their own clothing. Under trial prisoners who are inadequately clad or are unable to obtain clothing from outside, shall be provided with clothings.

FACILITIES

3.68 Prisoners in the judicial lock-up shall be extended facilities as envisaged in the chapters in the Andaman and Nicobar Prison Manual.

PRODUCTION OF UNDERTRIAL PRISONERS BEFORE COURTS

3.69 The Superintendent shall be responsible for the production in Courts at the appointed time of an undertrial prisoner remanded to custody pending a Magisterial enquiry / or trial and shall make suitable arrangements with police for the provision of necessary escorts.

3.70 Acknowledgements of receipt of an undertrial prisoner shall be obtained in the Gate Register from the Senior Police Officer for production in Courts.

3.71 When an undertrial prisoner sent to Court for trial has to be brought back to the Sub Jail even in the event of his acquittal or discharge, the fact thereof shall be prominently noted by the Sub Jail authority in red ink on the warrant for the information of the Court.

TRANSFERS

3.72 Undertrial prisoners on their conviction and sentence shall be transferred to the District Jail at Prothrapur, S. Andaman immediately, subject to the availability of a boat/bus.

3.73 Every prisoner to be transferred shall be examined by the Medical Officer before the transfer and the Medical Officer shall certify in writing whether such prisoner is fit or unfit to undertake the journey to his ultimate station.

3.74 If the Medical Officer certifies that the convicted prisoner is unfit for the journey, he shall be detained in the judicial lock-up until he is reported by the Medical Officer to be in a fit state to travel.

3.75 No convicted prisoner who is ill shall be transferred except for the benefit of his health; if such a prisoner is transferred, then all entries relating to him in the Medical Officer’s register shall be sent with him.

3.76 Every prisoner to be transferred will be paid fare, diet charges.

788395/2024/O/o Jailor (DJP) 18 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 19

CHAPTER IV INSTITUTIONAL PERSONNEL

4.01. Each institution will have personnel in accordance with the requirements of security, discipline and programme emphasis. The personnel strength will be determined according to the duty posts, taking hours of duty per day as the basis for each category of staff. The institutional setup will be fixed in accordance with the size of the institution, the inmate population, workload and distribution of functions.

4.02. The strength of custodial/guarding staff will be determined keeping in view the requirements of security, discipline, programme emphasis, duty posts, workload and distribution of functions. In principle there has to be one guarding staff for every six prisoners.

4.03. Institutional personnel will comprise of :

4.03.1 Executive a) Superintendents b) Deputy Superintendents c) Jailor d) Deputy Jailor

4.03.02 Guarding Staff a) Chief Head Warders b) Head Warders c) Warders

4.03.3 Medical Personnel a) Medical Officers b) Psychiatrist c) Nursing Staff d) Pharmacist

4.03.4 Welfare Units a) Welfare Officer b) Law Officer c) Counsellor d) Probation Officer e) Psychologist

4.03.5 Educational Personnel a) Teachers b) Physical Training Instructor

4.03.6 Technical Personnel a) Instructors b) Foremen c) Electricians d) Plumbers e) Mason f) Drivers g) Motor Mechanic 788395/2024/O/o Jailor (DJP) 19 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 20 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

4.03.7 Agricultural a) Supervisors b) Agricultural Assistants Note: Due to financial constraints if these technical posts are not created or when created are not filled up, suitable guarding personnel should be trained for these purposes and their services should be availed of by giving them special allowances.

4.03.8 Ministerial a) Administrative Officer b) Office Superintendent c) Accountant d) Store Keepers e) Cashier f) Office Assistants g) Stenographers h) Typist / Computer Operators i) Miscellaneous Staff.

Duties and Functions of Institutional Personnel :

4.04 The statutory duties and responsibilities of institutional personnel will be as per the provisions of the laws and rules governing prisons.

4.05 Custody, security, discipline and preventive and control action during an emergency, are the fundamental duties and responsibilities of every staff member.

4.06 The duties, responsibilities and functions will be assigned in writing to every staff member on his initial appointment. Care will be taken to ensure that the rules, regulations, and instructions to be followed by institutional personnel are interpreted from time to time.

4.07 A well-planned and properly regulated time-table of work hours should be prepared for each category of institutional personnel, and no staff member should be required to work for more than eight hours a day. It should also be ensured that every incumbent gets 24 hours off-duty once a week.

4.08 The general duties, functions and responsibilities of the institutional personnel are detailed below :

i) Executive

4.08.1 To ascertain that the compliance of human rights that the prisoners are entitled to, are not impinged upon and restricted beyond the limit inherent in the process of incarceration itself and to ensure that prison programmes are geared towards the overall objective of imprisonment in terms of reform and rehabilitation of prisoners.

a) Superintendent The Superintendent will, subject to any order of the Inspector General of Prisons, be in-charge of the executive management of the prison in all matters relating to economy, discipline, labour, expenditure, punishment and control in general, among other things. The Superintendent thus is responsible for developing an atmosphere that is conducive and correctional in nature and providing leadership in every aspect of prison management. He shall take care of the duties, suggestions, planning, organising, directing, guiding, coordinating, supervising and controlling all prison activities.

The Superintendent will be the head of the Prison and will be assisted by officers subordinate to him, including Deputy Superintendents, Jailor, Deputy Jailor, Chief Head Warders, Head Warders, Warders and other technical and supportive staff. The Superintendent may supervise a Central Prison, District Prisons, Sub-Prisons, Open Air Prisons and other institution within his territorial jurisdiction/ district. Duties of Superintendent :

788395/2024/O/o Jailor (DJP) 20 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 21

(i) General supervision over security and custody arrangements.

(ii) Custody of secret and confidential documents.

(iii) Supervision over care and welfare of inmates.

(iv) Supervision over office administration.

(v) Control over financial matters.

(vi) Implementing State policy pertaining to correctional administration.

(vii) Planning, organising, directing, guiding, coordinating, supervising and controlling all institutional programmes and operations.

(viii) inmate discipline and morale.

(ix) Classification of prisoners, training and treatment programmes and correctional activities.

(x) Inspection and supervision of work, employment and production programmes.

(xi) Inspection of the prison activities, prison hospital, kitchen, canteen, etc.

(xii) Personnel matters, staff welfare and staff discipline, allocation of duties to personnel under his control, safety of the prison personnel, protection of human dignity, rights and providing decent work conditions, acquainting institutional personnel with current policies of correctional administration and the role they have to play in a welfare state; organizing personnel training programmes at the institutional level.

(xiii) Reports to the Inspector General and liaison with other government agencies for the purpose.

(xiv) Developing an institutional atmosphere conducive to the correctional role and providing leadership in every aspect of institutional management.

(xv) Daily inspection round and weekly night inspection round.

(xvi) Control of stock and stores, maintenance.

b) Deputy Superintendent In the absence of Superintendent of Prisons, the Deputy Superintendent will perform all the functions attached to the post of a Superintendent.

(i) Admission and release of prisoners after verification and checking of committal warrants.

(ii) Disbursement of batta, subsistence allowance bus, ship and railway fares, etc., to release prisoners and attesting of entries in the cash book, permanent advance register and prisoner’s cash property register.

(iii) Minor correspondence relating to prisoners.

(iv) Checking of Appeal Registers.

(v) Attending to release on bail, appeals, fine payment, etc.

(vi) Attending to correction of sentences.

(vii) Production of prisoners in courts.

(viii) Checking the issue of raw materials to various workshops according to data.

(ix) Checking of stock book of raw materials and stock book of manufactured articles.

(x) Attending weekly inspection parade of prisoners alongwith the Superintendent.

(xi) Checking the Ration Stock Book.

(xii) Weightman of ration articles on purchase, subject to supervision by the Superintendent.

(xiii) Any other work assigned by the Superintendent from time to time.

788395/2024/O/o Jailor (DJP) 21 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 22 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

(xiv) Visit to the prison once in the forenoon and once in the afternoon every working day and on Sundays and Holidays when special circumstances render it desirable that he shall do so.

(xv) Visit to the prison at night once in a week to satisfy him that the guarding is being properly done and that everything is in order, and submit a compliance report to the Superintendent.

(xvi) Attend to unlocking and lockup once in a week, and check all the aspects normally checked by the Deputy Superintendent on the other days. It shall be so arranged in consultation with the Deputy Superintendent under the specific orders of the Superintendent.

(xvii) Check that all rules, instructions etc., are being followed at locking time, that sufficient guards are posted for the security that senior guards are detailed for tell tale clock duties, that proper lighting is there and also ensure spare tell tale clock is always kept ready. This he will attend to once in a week.

(xviii) Supervise once in a fortnight the lock up of high security prisoners like condemned prisoner, naxalite, terrorist prisoners etc.

(xix) Segregate prisoners having escape, discipline risks and prisoners of know bad characters and report to the Superintendent.

(xx) See that the walls, buildings, gates, dormitories, cells, hospitals area and other places of the prison are properly secured and ensure a system of good lighting in and around the prison.

(xxi) Ensure to place the sentry in blocks in which notorious prisoners are confined.

(xxii) Bring it to the notice of the Superintendent, wherever the guarding arrangements are not satisfactory through his report book.

(xxiii) Visit to the prison hospital two days in a week other than those on which the Superintendent makes such visits. Such an arrangement shall be made in consultation with the Superintendent as part of duty allotment.

(xxiv) Bring it to the notice of the Superintendent any defalcation on the part of the Prison Staff, if it be shown that such defalcation were rendered possible by negligence on the part of the staff.

(xxv) At least twice in a week he should check the rations issued to the kitchen and satisfy him that correct quantity is issued.

(xxvi) Go around the prison at least twice in a week, at odd hours and check that the sentries are posted correctly and alert. He will also check that the other checking/supervisory officers have made proper rounds of check of these sentries.

(xxvii) Keep a report book in which he shall ––

(a) Record the duties performed by him on every day and submit the same to the Superintendent.

(b) Bring it to the notice of the Superintendent that his assessment in general on the discipline among the staff and prisoners.

(c) Record any inadequacy on the security arrangements and suggest guidelines to set right things, wherever necessary and

(d) Bring it to the notice of the Superintendent any other matter of importance Supervise general supervision of the Remission Branch in the Prison Office and frequent and periodical check over all the registers and other records of the Remission Section.

(xxviii) Supervise the work of his subordinate officers’ viz., the Deputy Superintendent & the Assistant Superintendent in respect of the Executive work attached to them along with the supervision of all the registers being maintained by them and initial them in token of having checked them.

788395/2024/O/o Jailor (DJP) 22 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 23

(xxix) Since the Prisons Act, 1894 defines the word “Jailor”, the word “Deputy Superintendent” may be replaced for “Jailor” in Prison Act and all Prison Rules and his duties may be as follows:

c) Jailor The Jailor is the chief executive office of the Prison and is subordinate to the Superintendent. The Jailor shall also be subordinate to the Superintendent and assist him wherever necessary. He shall be generally responsible for observance of all prescribed rules and orders. Duty include :

(i) Supervision over security, custody and discipline, supervision over care and welfare of prisoners.

(ii) Supervision over personnel matters, staff discipline and staff welfare assisting the Superintendent in all matters pertaining to institutional management.

(iii) Inspecting kitchen and canteen visit to hospital.

(iv) Admission and release work prison manufacturers.

(v) Classification of prisoners and their training.

(vi) Deputy Superintendent shall see that prisoners are clean in their persons and clothes and that they have the authorized amount of clothing and bedding and no more.

(vii) Shall, at uncertain times but at least once a week, cause every prisoner and all clothing, bedding workshops, wards and cells to be thoroughly searched.

(viii) Shall be responsible for the execution of all orders regarding the labour of prisoners. He shall assign to each prisoner his work on the recommendation of the classifying Committee constituted in each Central Prison for the purpose. The said Board shall consist of the Superintendent of the concerned prison, Medical Officer and the Jailor. He shall ensure that the assigned works are performed by the prisoner.

(ix) He shall supervise the cultivation of the garden and be responsible for the adequacy of the supply of vegetables. He shall supervise the prison farm and all other outside operations.

(x) He shall jointly with the Medical subordinate be responsible for the proper preparation and distribution of food to prisoners.

(xi) He shall supervise the working of the guards. At least once a week, at uncertain time, he shall visit the prison after 10.00 P.M. and satisfy himself that the standing guard is present, the sentries posted are on the alert, and that the rounds are properly maintained.

(xii) He shall be responsible for custody of all warrants and for the strict enforcement of their terms and that no prisoner on any account be released before his due time or kept in prison beyond the termination of his sentence.

d) Deputy Jailor

(i) To assist the Jailor in studying the psychological and mental make up of prisoners and taking steps to reform them.

(ii) To be in-charge of the ration stores as generally stated.

(iii) To be directly responsible for the storing and custody of ration and other articles purchased and their issue from the stores.

(iv) To place indents and get supplies of all articles of diet and articles required for the prisoners.

(v) To attend to the day-to-day maintenance of stock registers and other connected records and to the proper maintenance of stock.

(vi) To attend to the maintenance of accounts for extra articles purchase by civil debtors.

(vii) To check the correctness of the kitchen slips, hospital indents and other indents placed on him for issue of ration and miscellaneous articles.

788395/2024/O/o Jailor (DJP) 23 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 24 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

(viii) To maintain separate accounts and to be responsible for the safe custody of empty gunnies and other receptacles received and disposed of.

(ix) To weigh and issue ration and other articles for consumption.

(x) To supervise the cleaning of grains, vegetables and other dietary articles and their grinding, if any.

(xi) To ensure that all ration articles taken to the kitchen a reactually utilized for the purpose they are meant.

(xii) To be custodian of all civil store articles entrusted to the ration stores.

(xiii) To assist the Jailor and to be present with him at the time of supply of food to condemned prisoners.

(xiv) To assist the Jailor in searching the condemned prisoners and examining the cells where condemned prisoners are locked-up.

(xv) To conduct interviews with condemned prisoners.

(xvi) To assist the Jailor in supervising the work of all guarding staff warders in the gardens.

(xvii) To assist the Jailor is supervision over searches, counting opening, and closing of prisons.

(xviii) To assist the Jailor in all matters pertaining to institutional management.

(xix) To attend to any other duty that may be assigned to him by the Superintendent.

(xx) Admission and search of prisoners on their admission.

(xxi) Custody of prisoner’s property except cash.

(xxii) The removal of private clothing from prisoners on their admission, the issue of prison clothing and bedding, the correct making of metal identification discs; and the placing of prisoners in quarantine soon after their admission.

(xxiii) The custody of prisoner’s private clothing and prison clothing stores; and the issue of fresh clothing to the prisoners.

(xxiv) The maintenance of the clothing and registers in the prescribed form.

(xxv) Conducting prisoners’ interview, if conversant with the language spoken at the interview.

(xxvi) The supervision over the proper maintenance of dairy and poultry units in prisons except the maintenance of accounts which shall be attended to by the live-stock assistant. The Jailor shall, however, maintain the stock and the stock register for paddy straw, cholam stalk, grass, etc.

(xxvii) The charge of the quarantine and of the civil and leper annexes where such annexes exist.

(xxviii) The censoring of letters addressed to and sent by the prisoners and the disposal of such letters under the order of the Superintendent.

4.08.2 II) Guarding Personnel The guarding personnel will consist of Chief Warder, Head Warder and Warders. There shall be at least one guarding staff for every six prisoners and this ration shall be followed in all four shifts.

[Note: The staffs who are engaged in the industries and other welfare activities shall be excluded while calculating the ratio.] Specific duties of each member of the guarding staff on various sections/points will be assigned by the Superintendent /Jailor on a rotation basis in keeping with his/her status within the cadre in the following areas:

(i) Security, custody, discipline.

(ii) Searches and counting of prisoners.

(iii) Opening and locking-up of the prison.

788395/2024/O/o Jailor (DJP) 24 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 25

(iv) Reporting defects and short comings in prison buildings, walls, locks, lighting arrangements, bars taking immediate action for rectifying these and taking care of the custody of locks and keys, handcuffs and other security equipment.

(v) Care and welfare of prisoners.

(vi) Maintenance of discipline in institutional premises, gates, quarantine, barracks, dormitories, cells, worksheds, punishment yards, segregation yards, hospital, kitchen, farm and in every other section of the institution.

(vii) Sanitation and hygiene in areas under his charge.

(viii) Guarding and sentry duties.

(ix) Escorting prisoners for work, supervision of their work, care and custody of tools, property, equipment, dead stock and livestock.

(x) Supervision of distribution of food, canteen articles and inmate equipment.

(xi) Helping the technical personnel in work sheds, management and discipline, helping agricultural personnel in all related matters.

(xii) Discipline in areas where educational, cultural and recreational activities are conducted.

(xiii) Reporting violations of discipline to appropriate officers for taking immediate action as per rules.

(xiv) Observing habits and behaviour patterns of inmates and reporting the same to the authorities concerned, helping inmates improve their habits and attitudes.

(xv) Taking preventive and control measures for all emergency situations.

(xvi) Discipline in staff quarters.

(xvii) P.T., drill parades and emergency practice.

4.08.3 III) Gate Keeper Duties:

a) In every person one of the Warder shall be detailed to perform the duties of Gate Keeper.

The person so select must be able to read and write well.

b) The gate keeper shall be in-charge of the main-gate of the prison and shall never, under any pretext, leave his post till relived by another Jail Warder. He shall during the day shall retain charge of the keys of the gates, during the night the keys shall be delivered to the care of the Jailor. It shall be his duty to see that the main electric light and alarm switch where such exists are in working order.

c) He shall inform the Medical Officer /Jailor at once of the fact of new admission of prisoners into the Jail.

d) He shall be responsible that no one enters/or goes out of the prison gate except the recognised prison officers and subordinate , official and non- official visitors, moral lecturers, person holding a pass from or accompanied by the Inspector General or Superintendent, Prisoners accompanied by Jailor/ Deputy Jailor with the permission of the Superintendent.

He shall be furnished with a list of visitor and moral lecturers entitled to enter the prison.

e) Whenever articles or things are to be sent from the prison outside by means of head-load or by any other means. They should be loaded in the presence of Chief Head Warder or Head Warder should also accompany the Head load or Cart load etc. upto the Jail gate and see that it passes only in his presence.

f) The main gate shall not be opened during the day except at such times and for such special purpose as may be laid down by the Superintendent / Jailor and during the night only in case of emergency. It will be opened to Inspector General of and other District Officers like District Magistrate, Officials, Non-officials, Distinguished Visitor and High Judicial Officers.

g) When there are prisoners between the two gates (unless they are out file prisoners) the main gate shall not be opened. In such cases only the wicket shall be opened.

788395/2024/O/o Jailor (DJP) 25 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 26 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 On ordinary and for ordinary purpose, ingress or egress of all persons having business in the prison shall take place through the wicket door, and one of the two gates shall never be unlocked until the other is securely shut. In the work of opening and shutting the gates the gate keeper may be assisted by a convict officer.

After lock –up ingress and egress shall take place through the wicket only.

The Gatekeeper shall be most careful to prevent the embezzlement of prison properly or the admission of any prohibited articles such as Tobacco, Opium, Razors, Knives, Nails, Money, Letter etc.

The admission of drugs medical surgical appliances will not be permitted without the written authority of the Medical Officer / Jailor. He shall allow no factory articles, raw materials, stores, tool etc. to pass the Gate without an order in writing from the prison officials responsible for there articles.

He shall not allow any articles to pass in unless the receipt is signed by the official removing such articles in side to the stores.

To enable the Gatekeeper to enforce these regulations, he is authorized to search all persons passing in or out of the prison except those whose names are included in the list of visitors with which he is furnished , or such other persons as may be exempted by the Superintendent / Jailor Order. The higher officer of the prison including the Superintendent, Deputy Superintendent, Medical Officer, Jailor, Deputy Jailor, Jail Guards (of the rank of Head Warder and upwards) Medical Sub-ordinate , Clerks , Compounder, Pharmacist, Nurse shall ordinarily be exempted from search. The searching of all persons including prisoners must be carried out with due respect , decency and with as much consideration as possible.

If the Gatekeeper has any reason to believe that any prison officer exempted from search is introducing or removing, articles with ought not to be taken in to or out of the prison, he may detain him between the gates. And shall give immediate notice to the Jailor, who shall himself make the search.

Any exempted prison officer whom the Jailor consider it necessary to search shall at once allow himself to be searched by the Jailor.

He shall keep in his own hand-writing in Gate Register a continuous diary of all that happens at his post and shall enter therein in names of every person entering or leaving at his post and shall enter therein the names of every persons entering or leaving the prison. The total number and register Number of every gang of prisoners passing in and out., with the name of the Officer in-charge, as complete and accurate a list as practicable of the article taken in and out, and in each case the hours of entry or exit. The Register shall be placed weekly before the Superintendent for this checking and initials.

He shall carefully file all passes for articles sent out of or brought into the prison as well as any passes for admission presented by visitors.

He shall keep in his charge spare torches & emergency light for any emergency, and shall hand over the same to the Jail Guard on duty at the Gate at night. A lamp shall invariably be kept burning throughout the night. In the passage between the two main gates shall be kept the following articles:––

1. A Clock.

2. A general key box with a lock fixed to the wall.

3. A special glass fronted box containing the keys of female endure.

4. A standard desk for Gatekeeper’s books and writing materials.

5. A chair for the Gatekeeper.

6. A board on which details of the population of the Jail is written each morning.

7. List of Visitors, moral lectures and other persons, as may be exempted from search.

IV) Medical Personnel

4.08.4 The medical personnel will be directly responsible for the Medicare and Health of prisoners.

They will also ensure the maintenance of minimum standards of hygienic conditions in the prison premises. The specific duties of each of the medical personnel will be assigned by the prison authorities in the following areas:

788395/2024/O/o Jailor (DJP) 26 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 27 a) Preventive Service Examination of all inmates on admission and periodical re-examination immediate provision of whatever treatment is indicated, immunisation, segregation and treatment of those having contagious or infectious conditions, inspection and advice regarding diet, clothing, equipment, industrial safety, environmental and institutional sanitation and hygiene, health education for inmates and personnel.

b) Curative Services Treatment of diseases, dental care, treatment of skin ailments, correction of defects of sight, hearing, speech and posture, provision of artificial limbs, glass eyes, trusses and other prosthetic devices, prescription of special diets and exercise and physiotherapy, and treatment of substancerelated and addictive disorders and psychological disorders.

c) General Hospital administration, hospital discipline, classification of prisoners, assessing work and employment potential of inmates, suggesting special precautionary measures where necessary for certain types of offenders, daily visit to prisoners under punishment, prisoners under sentence of death, inspection of kitchen, canteen provisions and supplies, medical treatment of personnel, assisting the Superintendent/ Jailor in matters pertaining to institutional management, liaison with local officers of medical and health departments.

V) Welfare Unit

4.08.5 The welfare personnel will primarily be concerned with the wellbeing of prisoners, undertaking individualised care for those needing institutional adjustment and responsiveness through correctional programmes. The specific duties and welfare functionaries will relate to the following areas:

a) Welfare Officer Prison welfare officer should be appointed in each central and district prison to look after the welfare and reintegration programs of prisoners. It is advisable to have at least one welfare officer for every 500 prisoners in a central prison and at least one for each district prison.

(i) Coordinating the work of the welfare unit.

(ii) Helping inmates in overcoming problems of institutional adjustment.

(iii) Assisting inmates in dealing with problems faced by their families and dependents.

(iv) Connecting correctional needs of prisoners with there sources available within and outside the prison.

(v) Participating in the orientation, classification and reclassification programme.

(vi) Facilitating understanding between the inmate and administration.

(vii) Assisting prison authorities in maintaining prison security discipline.

(viii) Participating in the pre-release programme and helping the inmate establish contacts useful to him after release.

(ix) Identifying the resources for rehabilitation of prisoners.

b) Law Officer The duties may look after by the Jailor where there is no Law Officer

(i) Advising prison authorities on the protection of human rights of prisoners within the limitations of imprisonment.

(ii) Interpreting legal and procedural rights of prisoners.

(iii) Assisting prison authorities in dealing with all prison matters pending in courts.

(iv) Arranging free legal aid for indigent prisoners.

(v) Preparing petition and appeals for deserving cases.

788395/2024/O/o Jailor (DJP) 27 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 28 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

(vi) Assisting prison authorities in holding special courts, Lok Adalats and video-conferencing.

(vii) To advise prison administration in all matters having legal bearing including agreements, contacts, affidavits and court documents keeping prison authorities abreast with judicial pronouncements and directives on all prison matters.

c) Counsellor Medical Officer / Jailor will take care

(i) Dealing with emotional and psychological problems of inmates.

(ii) Providing counselling to prisoners facing problems of adjustment within the prison and in relation to their families outside.

(iii) Helping inmates develop their self-image, self confidence and motivation for correctional treatment.

(iv) Helping the staff in understanding the problems faced by the inmates.

(v) Aiding the psychiatrist in related matters.

d) Probation Officer He will look after all matters relating to pre-mature release including probation service under the supervision of Superintendent/ Jailor. In absence of Probation Officer, the Jailor will look after.

VI) Educational Personnel Educated inmates may assign under supervision of Jailor

4.08.6 Education in prisons has to be pursued as an important means of reformative treatment. It not only implies providing literacy but also inculcating values among prisoners as are considered conducive to their social mainstream. Therefore, education personnel have to offer a comprehensive programme of education to prisoners in which various educational functionaries will perform their specific duties in the following areas:

(i) Conducting diversified educational programmes for health, academics, social and moral education.

(ii) Linking prison education with mainstream education.

(iii) Screening of newly admitted inmates for the determination of their educational aptitude, abilities and interests.

(iv) Participation in Classification Committee’s work.

(v) Conducting literacy, socio-cultural and spiritual development programme.

(vi) Arranging tests and examinations; periodically assessing educational progress of inmates, changing educational programmes when necessary.

(vii) Maintenance of a library with sufficient reading material.

(viii) Audio-visual facilities.

VII) Technical Personnel

4.08.7 The technical personnel are responsible for the development of vocational training and diversified programmes of productive work as an important component of the reformative process. While technically qualified and trained staff has to provide knowledge and skills for economic rehabilitation, the other technical staff will have to ensure proper maintenance of the prison infrastructure. The specific duties are indicated below:

a) Instructors

(i) Giving vocational aptitude test to inmates, interviewing and collecting data about inmates, vocational history, skills abilities and interests.

(ii) Suggesting work and vocational training programmes for inmates.

788395/2024/O/o Jailor (DJP) 28 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021 29

(iii) Preparing plans for vocational training projects.

(iv) Imparting apprenticeship, on-the-job and vocational training to inmates.

(v) Utilizing resources of service and maintenance unit for training purposes.

(vi) Arranging arts and handicrafts projects.

(vii) Arranging vocational examinations for inmates.

(viii) Training of newly admitted prisoners.

(ix) Maintaining progress reports about the training of prisoners.

(x) Suggesting improvements in work methods.

(xi) Keeping the equipment and machines in the workshop in good working condition, custody and maintenance of shops and factories.

(xii) Ensuring safety measures in workshops and factory areas.

(xiii) Maintenance of discipline in the area under their charge, attending to emergency situations.

(xiv) Distribution of work to inmates.

(xv) Maintaining muster rolls of inmates working in various sections.

(xvi) Supplying inmates with production tools and materials.

(xvii) Supervision over quality and quantity of production.

(xviii) Maintaining work sheets.

(xix) Measuring tasks and apportioning wages.

(xx) Indenting raw material from the Store Keeper, storing raw material in their charge, maintaining an account of raw material and manufactured articles in their charge, dispatch of manufactured articles to the Store Keeper, monthly checking of stores under their charge and reporting the same to the authorities concerned.

(xxi) Preparing work plans for worksheets under their control and forwarding them to the officer-in-charge.

b) Maintenance Staff /APWD Maintenance Section

(i) Maintenance and repairs of prison buildings.

(ii) Maintenance and service of machines, tools and equipment and transport.

(iii) Maintenance and service of electric lines, plumbing facilities, water supply plant and power plant.

(iv) Periodical testing of emergency equipment like fire fighting equipment and accident prevention measures.

VIII) Agricultural

4.08.8 Keeping in view, the rural background of most of the prisoners, training and development of agriculture in prisons, the agricultural personnel have to be responsible for the upgradation of their skills in this field. The specific duties to be performed by them are indicated as under:

(i) Dealing with all matters pertaining to agriculture, and horticulture.

(ii) Distribution of agricultural work to prisoners, maintenance of muster rolls, assessing the work done and apportioning of wages.

(iii) Planning of training projects, imparting training to inmates in improved methods and practices of agriculture and horticulture.

(iv) Maintaining progress reports about the training of inmates.

788395/2024/O/o Jailor (DJP) 29 File No. M-2510966/5/2024-Jailor(DJ-P/pur)-JAIL_AN (Computer No. 100065) Generated from eOffice by Sudha, LGC(S)-Legal-Section, LOWER GRADE CLERK(LEGAL), SECRETARIAT on 24/12/2024 11:01 AM 30 THE ANDAMAN AND NICOBAR EXTRAORDINARY GAZETTE, JANUARY 15, 2021

(v) Indenting of material from the Store Keeper; storing of material, maintaining an account of the equipment, material and produce, monthly stock taking.

(vi) Preparing plans for agriculture and related work.

(vii) Security and maintenance of tools and equipments, livestock.

(viii) Maintenance of discipline in area in their charge, daily inspection rounds, weekly night inspection of forms and attending to all emergency situations.

IX) Ministerial Staff

4.08.9 Ministerial staff will be so organised as not to leave any scope for sharing their duties with prisoners. The members of ministerial staff will be assigned by the Superintendent as per the position he/she holds and the requirements.

a) Accountants / Cashier Preparation of budget, maintenance of accounts of all branches and stores, accounts and cash, daily checking of all stores and accounts registers, financial returns, periodicals and statistics, monthly stocktaking of all stores.

b) Storekeeper In charge of all stores that is, grain, provision,

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Andaman and Nicobar Prison Manual, 2021 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.