Karnataka Prisons Rules, 1974. Bare Act

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.

Long title	Notification No.G.S.R. 287 (HD 124 PRM 68, dated 6th November 1973
Type	Rules
Year	1963
Jurisdiction	State of Karnataka
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	criminal

1 GOVERNMENT OF KARNATAKA NOTIFICATION Bangalore, dated 25th July 1974 Whereas draft of the Karnataka Prisons Rules, 1973, was published, as required, by sub-section (1) of Section 63 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) in Notification No.G.S.R. 287 (HD 124 PRM 68, dated 6th November 1973) in Part IV Section 2-C(i) pages 745 to 867 of the Karnataka Gazette, dated 22nd November 1973, inviting objections or suggestions from all persons likely to be affected thereby on or before 26th December 1973;

And whereas, the said Gazette was made available to the public on 22nd November 1973;

And whereas the objections/suggestions received on the said draft have been considered by the State Government;

Now, therefore, in exercise of the powers conferred by section 63 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963), the government of Karnataka hereby makes the following rules namely:- THE KARNATAKA PRISONS RULES, 1974

CHAPTER I Introductory

1. Title:- These rules may be called the Karnataka Prison Rules, 1974.

2. Definitions:- unless In these rules the context otherwise requires,----

(a) “ Act” means the Karnataka Prisons Act, 1963 (Karnataka Act of 33 of 1963),

(b) “Casual Criminal” means a convicted criminal prisoner who is not a habitual offender;

(c) “child” means a boy, who has not attained the age of sixteen years, or a girl, who has not attained the age of eighteen years;

(d) ‘Code’ means the Code of Criminal Procedure 1973 (Central Act 2 of 1974);

(e) “habitual prisoner” means a convicted criminal prisoner who is an habitual offender as defined in the Karnataka Habitual offenders Act, 1961;

(f) “Juvenile Offenders” means a child found guilty of an offence;

(g) “Military Prisoner” means a prisoner convicted by a court martial;

(h) “Offender” includes a delinquent child adolesent offender and adult convicted criminal prisoner;

(i) “section” means a section of the act;

(j) “Under trial prisoner” means a person who was been committed to prison custody pending investigation or trail by a competent authority;

(k) “young offender” shall have the same meaning as in the Karnataka Borstal Schools Act, 1963.

CHAPTER II Classification of Prisons

3. Classification of prisons:--- (1) All prisons situated in the Karnataka shall be classified as follows, namely:-- a) Central Prisons;

b) District Prisons I;

c) District Prisons Class II, d) District head quarters sub-jails and special sub Jails, e) Taluk sub jails;

f) Juvenile Jails;

g) Special Prisons;

h) Open Air jails;

(2) The names of various prisons under the different classes of prisons shall be as follows:-- A. Central Prisons:

(a) Belgaum Central Prison;

(b) Bangalore Central Prison;

(d) Bellary Central Prison;

B. District Prisons Class I;

(a) District Prison, Bijapur

(b) District Prison, Mysore.

C. District Prisons Class II:

(a) District Prisons Raichur;

(b) District Prison, Bidar;

(d) District Prison, Mangalore;

(e) District Prison, Shimoga;

(f) District Prison, Karwar.

D. District Headquarters Sub-Jails:

(a) District Sub-Jail, Dharwar;

(b) District Sub-Jail, Kolar;

(d) District Sub –jail Chitradurga;

(e) District Sub-jail Mandya;

(f) District Sub-jail, Hassan;

(g) District sub-jail, Chickmagalur;

(h) District sub-jail, Bijapur;

E. Special Sub jails:

(a) Special Suv-jail, Kolar Gold Fields;

(b) Special sub-Jail, Davangere.

F. Taluk sub-jails:

1. Bangalore District:

(a) Taluka Sub-jail, Doddaballapur;

(b) Taluk sub-jail, Ramanagaram;

2. Mysore District:

(a) Taluka Sub-jail, Nanjangud;

(b) Taluk Sub-jail, Hunsur;

(d) Taluka Sub-jail, Chamarajanagar.

3. Hassan District:

(a) Taluka sub-Jail Holenarasipur;

(b) Taluka Sub-jail, Arasikere.

4. Shimoga District:

(a) Taluka Sub-jail, Sagar.

5. Tumkur district:

(a) Taluka Sub-jail, Madhugiri

(b) Taluka Sub-jail, Tiptur;

6. South Kanara District:

(a) Taluka Sub-jail, Udipi;

(b) Taluka Sub-jail, karkal;

(d) Taluka Sub-jail, Coondapur;

(e) Taluka Sub-jail, Buntwal.

7. Bidar District;

(a) Taluka Sub-jail, Bhalki

(b) Taluka Sub-jail, Humnabad;

8. Manday District;

(a) Taluka Sub-jail, Srirangapatna.

9. Chickmagalur District:

(a) Taluka Sub-jail, Tarikere;

(b) Taluka Sub-jail, Narasimharajapur.

10. Kolar District;

(a) Taluka Sub-jail, Chikkaballapur.

11. Bellary District:

(a) Taluka Sub-jail, Hospet;

(b) Taluka Sub-jail, Harapanahalli,

12. Raichur District:

(a) Taluka Sub-jail, Deodurga;

(b) Taluka Sub-jail, Gangavathi;

(d) Taluka Sub-jail, Kustagi;

(e) Taluka Sub-jail, Lingasugur,

(f) Taluka Sub-jail, Manvi,

(g) Taluka Sub-jail, Sindhanur,

13. Gulbarga District:

(a) Taluka Sub-jail, Alland,

(b) Taluka Sub-jail, Chincholi,

(d) Taluka Sub-jail, Sedam;

(e) Taluka Sub-jail,Shorapur;

(f) Taluka Sub-jail, Yadgir.

14. Belgaum District:

(a) Taluka Sub-jail, Athani;

(b) Taluka Sub-jail, Hukeri;

(d) Taluka Sub-jail, Parasogod (Soundatti)

(e) Taluka Sub-jail, Bailhongal;

(f) Taluka Sub-jail, Gokak;

(g) Taluka Sub-jail, Ramdurg;

(h) Taluka Sub-jail, Raibhag ;

(i) Taluka Sub-jail, Chikodi.

15. Dharwar District:

(a) Borsta School, Dharwar,

(b) Taluka Sub-jail, Gadag,

(d) Taluka Sub-jail, Hubli, 5

(e) Taluka Sub-jail, Hirekerur,

(f) Taluka Sub-jail, Haveri,

(g) Taluka Sub-jail, Rannebennur,

(h) Taluka Sub-jail, Ron,

(i) Taluka Sub-jail, Shirahatti;

(j) Taluka Sub-jail, Kundagol,

(k) Taluka Sub-jail, Navalgund,

(l) Taluka Sub-jail, Shiggaon;

(m) Taluka Sub-jail, Juvenile at Dharwar,

(n) Taluka Sub-jail, Kalghatgi.

16. Bijapur District:

(a) Taluka Sub-jail,Badami,

(b) Taluka Sub-jail,Bagalkote;

(d) Taluka Sub-jail, Hungund;

(e) Taluka Sub-jail, Indi

(f) Taluka Sub-jail, Muddebihal,

(g) Taluka Sub-jail, Sindgi,

(h) Taluka Sub-jail, Jamkhandi.

17. Karwar District;

(a) Taluka Sub-jail, Bhatkal;

(b) Taluka Sub-jail, Honnavar,

(d) Taluka Sub-jail, Haliyal,

(e) Taluka Sub-jail, Ankola.

(f) Taluka Sub-jail, Siddapur,

(g) Taluka Sub-jail, Sirsi,

(h) Taluka Sub-jail, Mundagod.

18. Coorg District;

(a) Taluka Sug-Jail, Virajpet.

(3) Special prisons may be opened whenever necessary for confinement of such class of prisoners as the state Government may from time to time direct.

(4) (i) the following kinds of prisoners shall ordi-narily be confined in central prisons.

(a) Prisoners sentenced to death;

(b) Prisoners sentenced to life imprisonment of all classes;

(d) Civil prisoners;

(e) Prisoners awaiting trial in the local courts;

(f) Female prisoners;

(g) Military Prisoners and

(h) Juvenile prisoners.

(ii) A central prison shall also serve as the prison of the district in which it is situated and of the adjoining districts where there are no district prisons.

(5) The following kinds of prisoners shall ordinarily be confined in district prisons class II---

(a) Prisoners of all classes sentenced to a term of imprisonment not exceeding 10 years;

(b) Female prisoners;

(d) Persons awaiting trial before the local courts;

(e) Military prisoners and

(f) Juvenile prisoners.

(6) The following classes of prisoners shall ordi-narily be confined in the district headquarters sub Jails, specials sub-Jails and Taluka Sub-Jails and Taluka Special Sub-Jails.

(a) Prisoners sentenced to a term of below three months in case of head quarters sub-Jails and up to 15 days in case of Taluk Sub-Jail.

(b) Female prisoners;

(d) Civil prisoners.

4. (i) Place of confinement of certain types of prisoners Prisoners sentenced to death or life imprisonment or for a term exceeding ten years by courts situated in the districts specified in column 1 of the table below shall be confined in the Jails specified in the corresponding entries in column 2 there of :-- 1) Name of District: Bangalore, Mysore, Mercara, Mangalore, Hassan, Mandaya, Chickmangarlur, Shimoga, Chitradurga, Tumkur and Kolar.

2) Name of the Jail:- Central Prison, Bangalore.

1) Name of the District:- Bellary.

2) Name of the Jail:- Central Prison, Bellary.

7 1) Name of the District:- Raichur, Gulbarga, Bidar.

2) Name of the Jail:- Central Prison, Gulbarga.

1) Name of the District:- Bijpur, Dharwar, Belgaum and Karwar.

2) Name of the Jail:- Central Prison, Belgaum.

2) All Juvenile prisoners convicted by the Courts in the State whose term of imprisonment exceed six months shall be confined at the Juvenile Jail, Dharwar.

3) Habitual prisoners sentenced to imprisonment for more than three months may be confined at Central Prison, Bellary.

CHAPTER III The Superintendent and other Officer of prisons.

5. Superintendent :-- (1) where no separate Superintendent is appointed to a District Prisons Class II the District Surgeon of the District shall be the ex-officio Superintendent of the said District prison.

(2) the Superintendent shall maintain in half margin register and in his own hand writing a journal in which he shall record as soon as the event as possible.

i. The time at which he enters the Jail daily and the result of his inspection of prisoners guards and premises.

ii. The special reason for imposition of fetters, if any.

iii. The matters relating to the inspection of cooked food, refusal of interviews and night visits.

iv. Every occurrence of importance connected with the management of the Jail.

(3) The Superintendent shall----(a) transact all business connected with the prison with its precincts;

(b) On every Monday inspect the parade of all prisoners at which the Medical Officer shall also be present;

(c) be responsible for economical working of jail and for satisfactory conduct of the manufactory department, the collection of outstanding monies and for all prison property, stores and money.

(d) Once in every six months, in June and December examine and count all stores, amunition, machinery, tools and plants, raw materials and manufactured articles and satisfy himself that every thing is in order and submit a report to the Inspector General in that regard;

(e) Take every precaution to prevent escapes and shall causes daily examination of doors, windows walls, bolts, locks, ladders, bars chains, gratings and the like and shall withdraw from use any of locks the keys of which have been lost, mislaid or tampered with.

(f) Also inspect his own office once a year in the month of February and submit a report to the Inspector General in that regard.

(g) Take precautions to prevent damages by fire to prison building and prison properties.

(h) Make arrangement for a thorough search including barracks, worksheds and the like as well as prisoners for detection and removal of any objectionable articles.

(i) Examine all warrants, history tickets remission sheets ect., once in six months and satisfy himself that every thing is in order.

(3) The Superintendent shall be responsible for the proper maintenance of all records specified in section 11 of the Act and such other records as are prescribed by the rules and he shall examine every such records at least once a months and satisfy himself that the record are up to date and correct.

(ii) When a prisoner dies or is seriously ill, the Superintendent shall immediately intimate the fact of such death or illness to the Inspector General and to be relatives of such prisoner either by telegram or by express message.

(iii) If a female prisoner with a child dies in the prison, the Superintendent shall at once send a message to the District Magistrate of the District in which her permanent residence is situated for taking action to get the child received by the relatives or friends of the deceased prisoner. If no relative or friend is willing to receive the child, it shall be admitted to an institution where orphans are received and educated.

(iv) The Superintendent shall enter in a book maintained for the purpose all the orders relating to the management and discipline of the prison every day.

(v) The Inspector General may modify or cancel the orders made by the Superintendent.

(vi) The Superintendent shall on the advice of the Medical Officer for separating the prisoners suffering from infectious or contagious diseases separate such prisoners immediately and any place occupied by such prisoners be washed cleaned, disinfected and fumigated and get destroyed any foul or suspected apparel or being of such prisoners.

6. Medical Officer :- 1) The Medical Officer shall maintain a register in the prescribed from No. 1 in which he shall record every visit paid to the prison or a portion thereof, the classes of prisoners visited the number of prisoners in the hospital and any other matter which he considers should be brought to the notice of the Superintendent especially (1) any defect in the food, clothing and bedding or in the cleanliness, drainage, sanitation, water supply which the Medical Officer considers injurious to the health together with suggestions for the remedy of such defects:

(2) any occurrence of importance connected with hospital administration, any marked increase in the number of in or out-patients and apparent causes for the same: (3) any observations or recommendations regarding individual prisoners

(2) The register referred to in sub-rule (1) shall be sent daily or more often, if necessary, to the Superintendent who shall take such action thereon as he deems necessary.

7. Medical Subordinates:-- (1) for each of the Central and District Prisons the State Government may appoint one or more Assistant Surgeons as Medical Subordinates.

(2) The Medical Subordinate shall in matters not connected with his professional duties be under the control of the Superintendent. He shall also carry out the legitimate requests by the authority in charge of the prison not below the rank of a Jailor. In the discharge of his professional duties, he shall be under the control of Medical Officer.

(3) The Medical subordinate shall (i) attend to the health and cleanliness of the prisoners, the treatment of the sick, the sanitation of the prison, the fortnightly weighment of prisoners, the supervision of food and all other matters connected with the health of the inmates and staff of the prison.

(ii) to examine all newly admitted prisoners and to records in the admission register and medical sheet the particulars as regards the health, labour and the like.

(iii) to satisfy himself that the personal and private clothing of the newly admitted prisoners are properly cleaned and the clothing, is if necessary, disinfected before removal to the store room.

(iv) to vaccinate the newly admitted prisoners and if so directed also the infants admitted with female prisoners or born in the prison.

(v) to bring promptly to the notice of the Superintendent and the Medical Officer any case of suspected contagious and other infectious disease that may appear amongst the staff or inmates of the prison.

(vi) to examine the wells and other sources of water and to bring to the notice of the Superintendent and the Medical Officer any defects with regard to its quality or quantity, to examine daily all tanks and vessels in which water is stored or conveyed and to prepare samples for analysis when required to do so.

(vii) to inspect all latrines and urinals daily, satisfy himself that they are properly cleaned, sufficient dry earth is used and kept in stock and that the excreta and urine are not allowed to remain longer than necessary inside the prison but they are promptly removed and disposed off in a manner calculated to be least offensive and dangerous to health.

(viii) to inspect at least once a week the surrounding of the prison and especially the place and the manner in which filth and the like are trenched or disposed off; and

(ix) to attend to the ventilation, with due regard to season, of the hospital, sleeping wards and workshops and to satisfy himself that the prisoners are not unnecessarily exposed to droughts or to rain.

(x) to assist the Medical Officer and the postmortem examination, if any, and be responsible that the body before removal from the mortunary is suitably prepared for burial.

(xi) to certify at the foot of nominal roll that every prisoner to be transferred or removed for purpose is in a fit state to undertake the jurney required of him and that he is provided with proper food for the journey.

8. Jailor:-- (1) (i) The Jailor is the Chief executive Officer of the Prison and is immediately subordinate to the Superintendent and Assistant Superintendent. He is responsible for the maintenance of discipline and for maintenance of all registers, records and books of accounts etc., and also for the observance of all rules and orders and for the supervision of the officers subordinate to him.

(ii) He shall be responsible for the custody of all commitment warrants and for the strict enforcement of all terms thereof.

Inforcement of terms of warrants

(iii) He shall in the month of December every year verify all the commitment warrants and valuable property in his possession, compare them with the registers and satisfy himself that they are correct. He shall enter a certificate to that effect in his repost book and shall submit a copy of it to the Inspector General before the 15th January every year.

(iv) He shall have the power to remove any visitor other than an official or non-official visitor on duty. Whose conduct is improper and search or cause to 11 be searched and person suspected of bringing forbidden articles into or out of prison.

(v) Whenever a prisoner is brought in to the prison the Jailor shall verify the commitment warrants and other papers. He shall get the prisoners searched and get all prohibited articles and weapons taken from him. He shall also take action under section 24. He shall explain or caused to be explained to all newly admitted prisoners the acts, the commission of which constitute a breach of prison discipline, the punishment which may be awarded for such prison offences and if a prisoner is to be placed on remission system the advantages to be secured by good behavior.

(vi) He shall maintain and deliver to the Medical officer a list of prisoners who are confined in punishment cells.

(vii) Whenever a prisoner is placed by the jailor in irons or under mechanical restraint under Section 62 he shall enter the circumstances which necessitated such action in his report book and get approval of the superintendent.

(viii) a notice of the death of any under trial prisoner or suspected Lunatic shall as soon as possible be sent by the Jailor to the court or the authority under whose warrant or order such U.T. prisoner or suspected lunatic was detained.

(2) The Jailor shall be responsible for the custody of all warrants, remission sheet, history ticket and their maintenance. He shall also be responsible for the safe custody of private property and cash of prisoners.

(3) the Jailor shall at least twice in a week visit all wards cells at uncertain hours during the night and shall enter in his diary next day. One such visit shall be before mid-night and one after mid-night.

(4) The Jailor shall once in a year usually in December shall check all warrants, valuable property in his possession compare them with the registers and satisfy himself that they are correct. He shall record a certificate to that effect in his report. A copy of which shall be submitted to the Inspector General before 15th January.

(5) (a) The Jailor shall keep a report book in which he shall record---

(i) The hour of unlocking and locking and names of the officers who attended to the same.

(ii) The number or prisoners admitted discharged and locked.

(iii) all reports made against subordinates, all serious breaches of discipline on the part of subordinates and prisoners offences with the details.

(iv) absence of any subordinate official from duty and request for leave of absence.

(v) any other unsual occurrence or matter of importance.

(vi) any other matter on which he may require orders.

(b) The jailor’s report book shall be submitted to the Superintendent daily for his orders. If the Superintendent has no remarks or orders to give he shall append his initials with date.

(6) The Jailor shall not permit any unauthorised person to remain within the prison at night, nor shall he allow any subordinate officer occuping quarters attached to the prison to have any person not being a member of his family to sleep in his quarters without special permission by the Superintendent.

(7) The Jailor shall have power to remove any visitor other than an official or non-official visitor or to such any person suspected of bringing forbidden articles into or out of the prison.

(8) The Jailor is responsible for the safe custody of Prisoners. He shall be present at the counting and Locking up at night and opening of wards in the morning and shall at least once a day see all the prisoners are counted and their number is correct.

(9) No prison officer shall have any direct or indirect interest in any contract nor shall he receive directly or indirectly under any pretence whatever, any fee, gratuity or present from any person supplying or tendering supplies to the prison nor from any prisoner or prisoner’s friends.

Jailor not to punish a subordinate

(10) The Jailor has no power to punish a prisoner or subordinate officer but he shall report any mis-conduct on their part to the Superintendent.

(11) The Jailor shall have charge of prison garden and shall be responsible for regular supply of good fresh vegetables to the prison kitchen.

(12) (i) When any prisoner dies, the Jailor shall send immediately report of the death of the prisoner to the Superintendent and the Medical Officer and also to the Medical subordinate.

(ii) If a female prisoner dies in the prison and leaves a child, intimation shall at once be sent to the Magistrate of the District in which her home is situated with a view to arranging for the child being received by relatives or friends.

(13) The Jailor shall cause all gratings, doors, bars and windows checked daily by a Head warder or warder specially detailed for the purpose and make a note in his report book to that effect.

(14) He shall see that planks, ladders, ropes and other materials likely to facilitate in escape are kept in safe custody and out of reach of prisoners. He is responsible for due execution of all rules and orders.

(15) The following are the duties of the Jailor:--

(i) Supervision of the admission and search of Prisoners.

(ii) Custody of the clothing store, issue of clothing and maintenance of clothing register.

(iii) Examination, weighment and strong and storing of all grain and other dietary articles; supervision of cleaning of grains and vegetables and other articles.

(iv) Weighment and issue of rations.

(v) Maintenance of ration account registers.

(vi) Mustering of Jail guards at morning and evening parades.

9. warders:- It shall be the duty of a Warder:--

(i) to see that all convicts sentenced to labour in their charge are steadily at work and to report to higher authority all cases of idleness, short work or breach of these rules.

(ii) To prevent all unnecessary talking laughing, singing, playing, quarrelling and other unseemly behavior and to report the names of offenders.

(iii) To see that the prisoners do not loiter about and that they are marched two by two when file moves from one place to another.

(iv)To see that no prisoner leaves his own enclosure, to communicate with any prisoner in a difference enclosure or with any person outside the prison.

(v) To not merely prevent escape of prisoners out also to aid their superior officers in seeing that the prisoners conform to the rules and that they apply themselves industriously to their work and do not waste material and that they complete their allotted tasks.

(vi) to bring to the notice of the superiors any signs of sickness amongst the prisoners.

(vii) to treat prisoners humanely, to bring complaint grievances to the notice of their superiors.

(viii) to see that there is no dirty or litter in any part of the prison of which they are in charge and that the drains are kept properly cleaned.

(ix) to report any case of willful injury to prison or damage to cloth or materials or Government property.

(x) to see that the cleanliness of the person, clothing bedding, ring, fetters and eating utensils of the prisoners in their gang and to see that the prisoners bathe only at the appointed time at the appointed bathing platform.

(xi) to keep all keys entrusted to them on their person and not leave them lying about.

(xii) to keep their uniform and equipment in good order.

(xiii) to report to the jailor at once the fact of any prisoner missing.

(2) Warders in charge of work sheds shall be responsible for all tools and property kept with them and shall see that these are carefully watched while in use and report to the instructor after work.

(3) No Warder shall in any circumstances leave his post of duty till relieved properly and his responsibility shall continue till so relieved. A warder relieved by another Warder shall explain to his successor his duties and any special order that may have been given to him by his superior Officers. The relieving officer shall satisfy himself that the property or number of prisoners made over to him are correct.

(4) No warder shall absent himself from his residential quarters during night without permission from the jailor.

(5) The duties of every warder on night duty are-----

(i) to see that night sentries both inside and outside barrack are always alert.

(ii) to go round each barrack or cell and examine locks, grating, doors, walls and roofs and satisfy himself that all are intast.

(iii) to see that the prisoners are counted by night watchmen at least once in two hours and satisfy himself that the number is correct,

(iv) to see that every association barrack containing prisoners is well lighted.

(v) to report at once any serious sickness of a prisoner to the Medical Officer and the Jailor.

(vi) to raise alarm and send immediate information to the round officer and the Jailor of any occurrence requiring prompt action such as escape, riot, fire etc.,

(6) in every prison in which female prisoners are confined, there shall be female warder establishment consisting of the following officials in each such prison.

(i) Female Jailor.

(ii) Female Head warder.

(iii) Female warder.

They shall perform duties of jailor, Head Warder and Warders respectively.

(7) Subject to the control of the Superintendent, the female Jailor/Head Warder shall have entire care and Superintendence of female prisoners and shall discharge the duties entrusted to her. They shall also perform all the duties similar to male Jailor/Head Warder/warder.

10. Duties of prison Officers:--- (a) Every prison Officer shall maintain strict discipline among the prisoners.

(b) No prison officer shall smoke or drink while on duty or introduce liquour, tobacco or any other drugs into the prison.

(C) When an Officer entrusted with the case of such as warrants, cash, stores, machinery etc, he is transferred or proceeds on leave, resigns suspended, or discharged, he shall make over all property in his case to the officer appointed to relive him the relieving officer shall compare all the articles thus made over with the entries in the concerned registers and satisfy himself that they are correct.

(d) No Prison officer shall, in any circumstances punish any prisoner except under the order of the Superintendent and he shall not use violent or abusive or insulting language to any prisoner.

(e) No prison officer shall lend money to or borrow money from or incure any obligation in favor of any prison officer or any prisoner or friends or relatives of any prisoner or should have any unauthorised communication with any prisoner or his friends or relatives as to the matters concerning the prison.

(f) No prison officer shall either directly or indirectly engage in any trade or business other than the legitimate duties in the prison.

(g) No prison officer shall on any pretext strike a prisoner expect in selfdefence or in the repression of disturbance and no force shall be used than is absolute necessary.

11. Gate Keeper:- (1) In every Jail there shall be a gate keeper who shall be constantly on duty at the main gate by day and night.

(2) The gate keeper may search or caused to be searched any person suspected of bringing any prohibited articles into or out or prison and who passed through the gate provided that the search shall be carried out with due regard to decency and with as little annoyance and inconvenience to the prison searched as possible. Females shall be searched only by a female officer or a female warder in a covered place not in the presence of any male person.

(3) It shall be his duty to prevent introduction of any prohibited art isles in to the prison.

(4) He shall maintain a gate register in which he shall make all entries in chronological order and shall not leave any blank space with a view to preventing spurious entries being made subsequently.

(5) He shall enter---

(i) Names of persons going into or coming out of the prison together with the time of their entrance and exit. In the case of a prisoner the name of the officer in charge of prisoners shall also be noted.

15. Juveniles:- Juvenile prisoners confined in ordinary prisons shall be kept entirely separate from other prisoners, both by day and night. Habitual Juvenile prisoners shall be kept separate from casual Juvenile prisoners.

16. Prisoners sentenced to simple imprisonment:-

(1) Prisoners sentenced to simple imprisonment shall remain during the day time in that part of the prison which is assigned to them and shall not be allowed to enter the labour yard or communicate with the labouring prisoners unless they elect to work, in which case they shall remain with the gang to which they are allotted.

(2) Detenus shall always be kept separate from other class of prisoners and shall not be allowed to mix up or to have any communication with other prisoners.

(3) Civil prisoners shall at all times be kept separate from other class of prisoners and shall not be allowed to mix up or to communicate with other class of prisoners.

17. Classes of prisoners:-- (1) Under trial prisoners shall be divided into two classes, namely special and ordinary class.

(2) Convicted prisoners shall be divided into three classes namely (1) A class, (2) B class, (3) C class,

CHAPTER-V Admission of Prisoners

18. (1) The officer in charge of a prison shall receive and detain all persons duly committed to his custody by any court according to directions contained in any writ, warrant or order by which such person has been committed No prisoner shall be admitted into prison except on a warrant signed by a competent authority. Separate warrant shall be received for every prisoner even though two or more prisoners have been jointly charged and convicted.

Before admitting a prisoner the Jailor shall examine the warrant and by questing the prisoner as to his name and other particulars and shall satisfy himself that he is the person referred to in the warrant. An escaped prisoner who is recaptured may be received into the prison on the original warrant.

(2) Prisoners shall be admitted at any time after the opening of the prison and before it is looked up, provided that prisoners who have gone to appear before the Session Court or those who come from along distance by rail from other prison may be admitted at any time. On admission of a prisoner the Jailor shall furnish the officer in charge of the police escort with a receipt. Civil debtors shall be admitted to the Jail at any hour at which they are brought by the officer of the Court.

(3) Prisoner received in a after it has been looked up shall be confined in a separate cell or yard for the night. Barracks shall not be opened at night for this purpose.

19. Producer of warrant is irregular:----- As soon s possible after a prison is admitted, his warrant shall be examined by the Superintendent. If a warrant is incorrect or incomplete and if there is any clerical mistake it may be returned for correction to the court which issued it and copy of warrant shall be retained till the original is returned duty corrected. In other cases, the Superintendent shall make a reference to the government through through Inspector General. Every reference under this rule shall be accompanied by a copy of the warrant referred to and by Nominal roll of the prisoner.

Explanation:------- (i) Warrants, wrongly stating the name of the prisoner, or without the seal of the court, undated warrants, warrants without date on which an under trial prisoner is to be produced before the court, warrants without the signature of the competent authority or without the term of 18 sentence or nature of sentence or without particulars shall be returned for correction.

(ii) Warrants awarding sentence beyond the competency of the warding court, warrants awarding sentence more than what is prescribed by law.

Warrants issued contrary to the provisions of law, shall be referred to the Government through the Inspector General.

20. Warrants not containing particulars of fine:-----

(ii) If at the time of commitment, the warrant of a prisoner sentenced to pay fine contains no information as to whether the one or any part of it has been paid a reference shall M.N. New 4-M.S. Setty—dated 10th July 1974---- PR 67 be made to the court and the purport of the reply noted on the warrant.

(ii) Information received from a court or Magistrate subsequent to the admission of the prisoner that fine has been paid in part or whole on his behalf shall be endorsed on the warrant in red ink and acknowledgement sent to the court concerned.

21. Method of calculating sentence:----- (1) The duration of a sentence shall be calculated by the calender year or month unless stated in terms of weeks or days.

(2) When a prisoner’s sentence contains a fraction of a month the date of release shall be calculated by reducing the fraction today, a whole month being for this purpose, taken to consist of thirty days.

Illustration:---- A prisoners is sentenced to one and half months imprisonment on 2nd February, the date of release will be 16th March.

(3) Commencement of and break in imprisonment reckoned.

In calculating the date of expiry of a sentence of imprisonment in a criminal case, the day on which the sentence was passed and the day of release shall both be included as days of imprisonment. Similarly if a prisoners is released on bail pending appeal or if he escapes, the day on which he was released or escaped and the day on which he was readmitted or recaptured shall both be sounted as days of imprisonment.

(4) If the month in which the sentence of a prisoner expines has no date corresponding to the date of sentence the last days of the said month shall be taken as the date of expirty of sentence.

Illustrations:----- (i) A prisoner sentenced to one day imprisonment shall be released on the same day---- but if he is sentenced to imprisonment for 24 (twenty four) hours he should be kept in confinement for that period.

(ii) A prisoner sentenced on 1st January to one month’s imprisonment shall be shall be released on 31st of January and not on 1st day of February.

(iii) A prisoner sentenced to one year’s imprisonment of the 15th January of a year shall be released on the 14th January of the next year unless he earns remission by which the number of days will be reduced.

(iv) A prisoners sentenced on 28th February to one month’s imprisonment shall be released on 27th March.

(v) A Prisoner sentenced on the 29th 30th, 30th or 31st of January to a month’s imprisonment shall be released on the last day of February.

(vi)A prisoner sentenced on 1st January to one months imprisonment escapes on 15th January and is recaptured on the 16th, he shall be released on the original warrant on 31st January unless he is convicted under section 224 of I.P.C.

(vii) The period of imprisonment shall be reckoned from the date on which the sentence is passed except the case which fall under section 31(1) 426 and 427 of the code of criminal procedure in which case the directions of the court shall be followed.

Note:-- In the case of a prisoner sentenced to imprisonment in default of fine, the period of imprisonment shall be reckoned from the day on which he was rearrested for failing to pay the fine imposed.

22. Imprisonment in default of giving security:-- (i) When a person in respect of whom an order requiring security is made under section 106 or 117 of the Code is at the time such order is made sentenced to or undergoing a sentence of imprisonment, the period for which security is required shall commence on the expiry of such sentence.

(2) In other cases such period shall commence on the date such order unless the Magistrate, for sufficient reason fixes a later date.

(3) If such a person fails to give security on or before the date of expiry of his substantive sentence, he shall be detained in prison until the expiry of the period for which security is required to be furnished or until the required security is given whichever is earlier. In such cases it shall not be necessary to issue a warrant for the detention of such person in the prison after the expiry of the substantive sentence.

Illustration:---- (i) A prisoner wrile undergoing three months imprisonment is ordered by a competent count to execute a bond under section 106 of the Code for keeping peace for a term or six months in a sum of twenty-five rupees and one surety for a like amount fails to give security on or before the date on 20 which the substantive sentence expires he shall be detained in prison until he furnished required security or until the term for which such security is to be given is completed but no formal warrant is necessary for such detention.

(ii) If a person while undergoing imprisonment under an order under section 122 of the Code in default of furnishing security is convicted of an offence committed prior to the making of the order and is sentenced to imprisonment such sentence shall commence form the date on which it was passed and if such sentence should expire before the prison for which the prison is undergoing imprisonment in default of giving security, he shall be detained for the reminder of such period. If, however, a person while undergoing sentence in default of furnishing security is convicted of an office committed after the making of the order under section 122 of the Code and is sentenced to imprisonment such sentence shall commence at the expiration of the imprisonment for failure to furnish security unless the court directs that such sentence shall run concurrently with the imprisonment for failure to furnish security.

(iii) An accused person falling under section 122 (2) of code must be treated as an under trial prisoner until his case has been decided by the Sessions Court or the High Court During this period he shall neither earn remission nor be compelled to labour.

23. Date of Release when two or more sentences run consecutively:--- (1) The sentence of all prisoners sentenced to imprisonment for life or to more than twenty years imprisonment in the aggregate, shall, for the administrative purpose of calculation of the normal date of release, be deemed to be sentence or imprisonment for twenty years.

(2) When a prisoner is sentenced to two or more period of imprisonment to be served consecutively, the date of release shall be calculated as though the sum total of the terms was awarded in one sentence.

Illustration:--- (i) A prisoner sentenced on 21st November 1970 to two substantive terms of imprisonment of one years each should be released on 20th and not 19th November 1972.

(ii) A Prisoner is sentenced on 1st January to two months imprisonment and a fine of twenty rupees or in default to one month’s imprisonment. If the fine is not paid, he shall be released on 31st March but if the is paid, on 28th February.

24. Effect of annulling the first of two sentences---- When a prisoner is undergoing more than one sentence and the first sentence is annulled in a appeal, the second sentence shall take effect from its own date.

Illustrations :------ (1) A prisoner is sentenced on 1st July to two periods of six months imprisonment for two offences. On appeal, the first sentence is quashed on 31st August. The prisoner is entitled to release on 31st December.

(2) A prisoner is sentenced on 1st July to six months imprisonment and on 31st August to another period of six months imprisonment on appeal, the first sentence is quashed on 31st August. The prisoner is entitled to release on 31st January.

25. Calculation of date of release in certain cases----- The following method shall be adopted in calculating the date of release of a prisoner who after conviction was released on bail but afterwards recommitted to prison to serve his sentence or who escape and is subsequently recaptured. To the term of his sentence the number of days the prisoner was on bail or at large exclusive of the day of release and rearrest or of escape and recapture shall be added and the date on which the sum of these periods shall elapse counting from the date of conviction shall be the date of expiry of sentence.

26. Time spent in another State for trial etc:--- If a prisoner undergoing imprisonment in a prison is transferred to another State in India for purpose of trail in cases in that State and afterwards retransferred to the State, the number of days between the date of transfer and the date of retransfer shall be counted as sentence under gone in the case in which he was undergoing the sentence prior to his transfer.

27. Date of release of prisoner sentenced for escape:---If a prisoner receives a sentence for escape, the date of release shall be recalculated in accordance with section 426 of the Code and entered in the register in place of original date of release.

28. Date of release from imprisonment in default of payment of fine:-- --- (1) If a prisoner is sentenced to imprisonment of which the whole or any portion is in default of payment of fine and if the fine is not immediately paid the date of release shall be calculated and entered in the prisoners warrant, history ticket and in the registers so as to correspond both the payment and the non-payment of fine.

(2) If a prisoner who is sentenced to a fine and in default of imprisonment pays any portion of the line the date of release shall be proportionately altered. If the imprisonment in default of payment of fine is expressed in calendar months, the reduction of imprisonment to be made, in consequence of such payment shall be calculated in calendar months and not in days. Any fraction of a moths obtained by such calculation shall be reduced to day When the fraction thus obtained is not exactly equal to any number of days 22 or less than a single day, the potion of a day which result shall be considered and treated as being equal to a full day.

Illustration:--- (1) If a prisoner is sentenced on 1st January to six months imprisonment and to a fine of three hundred rupees in wefault of payment of fine for a further period of six months, then if the prisoner pays immediately on conviction Rs. 100 the date of release shall be 31st October, viz ., six months and four months and four months equivalent of the fine not paid if he afterwards pays another Rs. 100 the date will be changed to 31st August on his payment the whole amount to 30th June.

(2) A prisoner is sentenced on 1st January to a fine of Rs. 300 or in default to six months imprisonment. If no part of the fine is realised except a sum of Rs. 75 paise he shall be released on 29th June though the amount realised is less than the full amount due for a single day.

29. Calculation of sentence awarded to Prisoners under-going imprisonment in default--- If a prisoner sentenced to imprisonment in default of payment of fine receives another sentence while undergoing such imprisonment, the second sentence shall begin from the date on which the first sentence expires or if the fire is paid, from the date of payment.

Illustration:-- A prisoner is sentenced on the 31st January to a fine of thirty rupees or in default to two months imprisonment and on the 12th February of the same year he is sentenced on another account to additional imprisonment for four months. The fine is paid in full on 28th February. Then the sentence for months should begins from the 28th February and not on 31st January.

30. Calculation of sentence modified on appeal:--- when an appellate Court Simply modifies a sentence passed lower court without change of section or when an appellate court passes a new sentence by changing the conviction by a lower court without change of section or when an appellate court passes a new sentence by changing the section or the punishment section or otherwise, the sentence directed from the first day of imprisonment under the finally passed shall count, unless otherwise specially original sentence, In cases in which sentence of death is commuted to life imprisonment or imprisonment for any other period, the period of imprisonment shall be counted from the date of original sentence.

31. Procedure when sentence is suspended:--- (1) When an appellate court directs that the execution of a sentence or order appealed against be suspended, the appellant shall if detained in prison pending further orders of such appellate court, be treated in all respects as an unconvicted prisoner.

(2) If the appellant is ultimately sentenced to imprisonment or imprisonment for life, the period during which the original sentence was suspended shall.

(a) If spent in prison be included; and

(b) If spent out of prison be excluded in computing the term for which he is sentenced by the appellate court.

32. Check of prisoners property:---- The Jailor shall furnish to the officer who delivers a prisoner at the prison with a receipt in the prescribed form nothing therein the property received with the prisoner which shall be carefully examined and shown to the prisoner at the time of his admission. The prisoner’s acknowledgement that he has been the property and that it is correct shall at the same time be taken in the convict register.

33. Search of prisoners on admission:----- Prisoners shall be searched carefully every day by a prison official Female Prisoners shall be searched in the female ward or cells. Searchers should be made with due regard to decency and with reasonable privacy.

34. Medical Officer to examine and weigh prisoners on admission:---- The medical Officer shall carefully examine each prisoner and shall himself record in the convict register or under trail register or the civil prisoner’s register as the case may be, his weight, age and State of health on the day of or after his admission. Male prisoners shall be weighted with as less cloth as possible. The weight of clothes of the female prisoners must be deducted. The Medical Officer shall also supervise and cause the entry of the prisoners’ descriptive marks which may be noted by the medical subordinate if any. He shall record whether the prisoner has been vaccinated or has had small box. In case of convicts sentenced to rigorous to imprisonment or imprisonment for life, the Medical Officer shall further enter in the appropriate column of the register, the class or Labour on which he may be employed. If a prisoner is not in good health or is not fit for hard labour he should record the same. Under no circumstances the Medical Officer or the Medical subordinate shall change the entries once made. If under any circumstances he is required to do so he should do so with his initial and report the matter to the Superintendent explaining the circumstances which rendered him to do so.

24 The medical examination and weighment of prisoners shall be made with due regard to decency and with reasonable privacy.

Three shall be a history ticket in prescribed form for every prisoner sentenced to more than three months in which it shall be recorded details of letters and interview and clothing and bedding. The medical entries such as age, weight, height, health, class of labour, grant of remission etc., shall also be entered in the history ticket.

CHAPTER VI Remission System

35. Remission of sentence:----- (a) Remission system means the system of regulating award of marks to and to consequencial shortening of sentence of prisoners in prisons in accordance with the rules for the time being in force.

(b) Remission can be granted to prisoners by the State Government of Inspector General or Superintendent subject to withdrawal or forfeiture or revocations. The State Government may debar any prisoner or categories of prisoners from the concession of remission.

(d) Remission is of three kinds:------- i. Ordinary remission;

ii. Special remission;

iii. Remission by the State Government.

36. Ordinary Remission:---- (1) Ordinary remission may be granted at the scale shown below to prisoners who are eligible for earning remission other than those employed on conservancy work.

(i) Three days per months for good behavior discipline and scrupulous attention to all prison regulations.

(ii) Three days per months for industry and due performance of allotted work at prescribed standard.

(2) Convict Warders shall receive eight days ordinary remission per months and convict night watchman seven days per months.

(3) (a) Prisoners employed on prison service such as cooks etc., who works on Sundays and Holidays may be awarded three days remission per quarter in addition to any other remission earned under these rules.

(b) Prisoners employed on conservancy work and who work on Sundays and holidays may be awarded seven days ordinary remission per months.

(4) Any prisoner eligible for ordinary remission under these rules, who for a period of one year reckoned from the first day of the months following the date of the month following the date of his sentence, or the date on which he was last punished for a prison offence has committed no prison offence thereafter shall be awarded fifteen days ordinary remission in addition to any other remission earned under the rules.

(5) Thirty days remission shall be granted to all classes of convicts on the following scale for attending literacy classes and completing the literacy course or award of certificates by the concerned authorities.

(6) The award of ordinary remission shall be made as nearly as possible on 1st January, 1st April and 1st July and 1st October and the amount of remission recorded in the history ticket.

(7) No Prisoner shall be granted ordinary remission for the month in which he is released.

Re-admission of excluded prisoner

(8) The Superintendent may with the previous sanction of Inspector General readmit any prisoner who has been removed from remission rules to the remission system and such prisoners shall earn remission under these rules from the commencement of the month following such readmission.

37. Eligibility to earn remission:----- The following prisoners shall be eligible for earning ordinary remission namely:---

(1) Prisoners have a substantive sentence of 3 months and above.

(2) Prisoners sentenced to simple imprisonment for 3 months or more who volunteer to work.

(3) Ordinary remission can be earned, throughout a period of imprisonment in lieu of fine which immediately follows and is continued with a substantive sentence of not less than three months.

(2) No ordinary remission shall be earned in the following cases;

namely:-- 26

(1) In respect of substantive sentence of imprisonment of less than three months.

(2) In respect of any sentence passed in default of payment of fine which is not annexed to a term of substantive sentence for which prisoner is otherwise eligible.

(3) If a prisoner’s sentence or total of sentence is reduced on appeal to less than three months, he shall cease to be eligible for ordinary remission and any remission that may have been earned prior to reduction shall be forfeited.

(4) Prisoners in whose cases the Government or the Inspector General has ordered that remission should not be granted.

38. Special remission:----- (1) Special remission may be granted on a very selective basis to deserving Prisoners whether entitled to ordinary remission or not for special services, achievement or conduct, as conduct, as shown below:-------

(i) Saving the life of a Government employee or prison visitor or inmate.

(ii) Protecting a Government employee or Visitor or in mated form attack.

(iii) Preventing or assisting in prevention of escape of a prisoners or apprehending a prisoner attempting to escape or intimating attempted escape of a prisoner to prison authorities.

(iv) Assisting prison officers in emergencies such as fire, outbreak of riot strike, etc.,

(v) Assisting in preventing or detecting serious breach of prison discipline.

(vi) Successfully teaching handicraft or imparting education.

(vii) Special excellence or appreciable out turn of work of good quality.

(viii) Outstanding contribution or performance cultural and other activities.

(2) Special remission may be granted:----

(i) by superintendent to an extent not exceeding 30 days in one year.

(ii) by the Inspector General or the State government to an extent exceeding 60 days in one year.

(iii) Prisoners employed on conservancy work and who work on Sundays and holidays may be awarded 20 days special remission for every six months.

39. Maximum remission awardable:-- The total of ordinary and special remission awarded to a prisoner under these rules shall not exceed onethird of his sentence.

40. State remission:--- State remission is granted by the State Government unconditionally under section 432 Cr. P.C. and this cannot under any circumstances be forfeited.

41. Forfeiture of remission:---- (1) Remission may be forfeited by the State Government or by the Inspector General or by the Superintendent.

(2) If a prisoner is convicted of an offence committed after admission to the prison under section 147, 148, 152, 224, 302, 304, 304A, 306, 307, 308, 323, 324, 325, 326, 327, 332, 333, 352, or 377 of the Indian Penal Code or an assault committed after admission to a prison guard or any employee all the ordinary and special remission of whatever kind earned by the prisoner under these rules may be forfeited in par with the sanction of the Inspector General.

CHAPTER VII Officer and Punishments

42. Acts declared to be prison offices under the Acts:---

(1) The following acts are forbidden and every prisoner who willfully commits any of the said acts shall be deemed to have willfully disobeyed the regulations of the prisons and to have willfully disobeyed the regulations of the prisons and to have committed a prison offence within the meaning of clause (1) or section 45 of the Act.

(a) Talking during working hours or talking loudly. Laughing or singing any time after having been ordered by an officer of the prison to desist.

(b) Quarreling with any other prisoner.

(d) Showing disrespect to any officer of a prison or a visitor.

(e) Making groundless complaints.

(f) Answering untruthfully any question put by an officer of the Prison or a visitor.

(g) Holding any communication (in writing by word or mouth, or otherwise) with as outsider with a prisoner of opposite six, or a prisoner of different class in disobedience to the regulations of the prison.

(h) Abetting the commission of any prison offence.

(i) Omitting to assist in the maintenance of discipline by reporting any prison offence or to give assistance to an officer of the prison when called on to do so.

(j) Doing any act or using any language calculated to wound or offend the feeling and prejudicial of a fellow prisoner.

(k) Doing any act calculated to create any unnecessary alarm in the minds of prisoners of officers of the prison.

(l) Leaving without permission of an officer of prison, the gang to which he is attached or the part of the prison in which he is confined.

(m) Leaving without permission of an officer of the prison, the ward, the yard, the place in the file, the seat or berth assigned to him.

(n) Visiting the latrines or bathing platforms except wards when they are open.

(o) Omitting or refusing to march in file when moving about in the prison.

(p) Visiting the latrines or bathing platforms except at the stated hours, or without permission of an officer the prison or resorting unnecessarily to the night latrine or omitting or refusing to employ dry earth in the manner as directed by the prison regulations.

(q) Refusing to eat food or food prescribed by prison diet scale including going on hunger strike.

(r) Eating or appropriating any food not assigned to him or taking from or adding to the portions assigned to other prisoners.

(s) Removing without permission of an officer of the prison food from the cook room, or form the place where meals are served or disobeying any order as to the issue and distribution of food and drink.

(t) Willfully destroying food or throwing it away without orders.

(u) Introducing into food or drink anything likely to render it unpalatable or unwholesome.

(v) Omitting or refusing to wear the clothing given to him or exchanging any portion of it for the clothing of other prisoners or loosing discarding damaging or altering any part of it.

(w) Removing defacing or altering any distinctive number, mark or badge, attached to worn on the clothing or person.

(x) Omitting or refusing to keep the person clean or disobeying any order regulating the cutting of hair or nails.

(y) Omitting or refusing to keep clothing, blankets bedding, fetters, neck tickets, cups or plates other identification token; clean or disobeying any or as to the arrangements or disposition of such articles.

(z) Tampering in any way with prison locks, keys lamps, lights or other properties with which he has no concern.

(aa) Stealing the prison clothing or any part of the prison kit of any other prisoners.

(bb) Committing nuisance in any part of the prison.

(cc) Spitting on or otherwise spoiling any floor, door, wall or other part of the prison building of any article in the prison.

(dd) Willfully befouling the wells, latrines washing or bathing places.

(ee) Damaging the trees and vegetables in the garden of the peison or maltreating the prison cattle.

(ff) Omitting refusing to take due care of all prison property entrusted to him.

(gg) Omitting or refusing to take due care or destroying or misappropriating the materials and implements entrusted to him for mork.

(hh) Omitting to report at once any loss breakage which he may accidently have caused to prison property or implements.

(ii) Manufacturing any article without the knowledge or permission of the officer of the prison.

(jj) Performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task.

(kk) Appropriating any portion of the task performed any another prisoner.

(ll) Mixing or adding any foreign substance to the materials issued for work.

(mm) Doing or omitting to do any act with intention to cause himself any illness, injury or disability.

(nn) Causing or omitting to assist in suppressing violence or insubordination of any kind.

(oo) Taking part in any attack upon the prisoner or officer of the prison.

(pp) Omitting or refusing to help any officer of the prison in case of an attempt to escape, or of an attack upon such officer or upon another prisoner.

(qq) Disobeying any lawful of an officer of the prison or omitting br refusing to perform duties in the manner prescribed.

(rr) Smoking in places or at times other than appointed.

(ss) Cooking unauthorised and violating rules framed for the orderly running of canteens and bartering canteen articles or canteen coupons.

(tt) Converting or attempting to convert a prisoner to a different religious faith or willfully hurting religious feeling belief and faiths of others.

(2) Prisoners shall obey the lawful orders of all officers of the prison including convict officers.

(3) The following shall be the prohibited articles for the purpose of section 42 and 45 of the Act.

(a) Alcohal and spirits of every description.

(b) Bhang, ganja, opium and other intoxicants.

(d) Bank notes and Cash.

(e) Bamboos ladders, clubs, sticks or any implement capable of being used to assist in the escape of a prisoner or as implements for causing hurt.

(f) Books not approved by the prison authorities.

(g) Clothing not approved by the prison authorities.

(h) Food, fruits, sweets condiments.

(i) Anything whatever for eating and drinking not approved.

(j) Fire arms explosive materials, weapons knives and cutting implements of every kind.

(k) Matches and materials for producing fire.

(l) Gold, Silver, Copper or materials in any form.

(m) Letters and writing materials of every description not approved by the prison authorities.

(n) Rope, string or anything capable of being used to facilitate escape.

(o) Tobacco, Snuff, implements for smoking and whatever articles that is not specially permitted by the rules.

43. Reference to a Magistrate in certain cases:---

(1) When in the opinion of the Superintendent any of the following offences are established against any prisoner, he shall refer the case to the Magistrate exercising Jurisdiction for enquiry in accordance with the code of Criminal procedure.

(a) Offence punishable under section 147, 148 and 152 I.P.C.

(b) Offence punishable under section 222, 223 and 224 I.P.C.,

(d) Any other offence exclusively triable by a court of sessions.

(2) Wherever possible criminal cases instituted against prisoners for offences committed in prison shall be heard in the prison.

44. Seggregation of prisoners committing assault:---- Wren a prisoner commits an assault on a prison Officer he shall unless he has also received injuries and is sent to Hospital, be confined in a cell until his case has been disposed of and shall in the mean shale be kept under the constant surveillance of convict officers specially selected for the purpose under the written orders of the Jailor.

45. Loss of privileges under remission rules:--- For a prison offence, any one of the following punishments involving loss of privileges admissible under the remission system may be awarded.

(a) Forfeiture or remission earned.

(b) Temporary forfeiture of class or grades or prison privileges.

(d) Temporary or permanent exclusion from the remission system:

Provided that no order directing the forefeiture or remission in excess of thirty days or exclusion from the remission system for a period exceeding six months shall take effect without the previous sanction of the Inspector General.

46. Minor punishments:---- The following punishments shall be minor punishments .

(1) A formal warning.

(2) Change of labour for a stated period to some more irksome or severe form.

(3) Forfeiture of remission earned not exceeding four days.

(4) Forfeiture of class, grade or prison privileges for a period not exceeding three months.

(5) Temporary reduction from a higher to a lower class or grade.

(6) Separate confinement for not more than seven days.

47. Major Punishments:---- The following punishment shall be deemed as major punishment.

(a) Hard lobour in the case of prisoners not sentenced to rigorous imprisonment;

(b) forefeiture or remission earned exceeding four days but not exceeding thirty days.

(d) Forfeiture of class, grade or prison Privileges for a period exceeding three months.

(e) Exclusion from the remission system for a period of three months.

(f) Permanent reduction from a higher to lower class or grade.

(g) Separate confinement for a period exceeding seven days.

48. Who can punish:---- (1) officer subordinate to the Superintendent shall have the power to punish a prisoner and no prisoner shall be punished twice for the same offence. In cases of emergency the Jailor may place a 33 prisoner in irons or under mechanical restraint and shall report the circumstance in his report book for orders of the Superintendent.

(2) In the case of every prison offence the prisoner shall be brought before the Superintendent. The Superintendent shall enter and initial the punishment awarded on the history ticket and shall have the necessary entries made in the punishment register on the same day. The date on which punishment is inflicted shall also be entered both on the history ticket and the register. In case of very serious offence the manes of the witnesses proving the offence shall be recorded in the column provided for the purpose.

(3) The Superintendent may order forfeiture of remission up to a maximum period of thirty days at one time and remove a prisoner from the remission system up to six months.

(b) When a prisoner escapes from legal custody he shall forfeit the total remission earned by him up to the date of escape.

(c) When a prisoner attempts to escape from legal custody or plans or abets escape the entre remission earned by the prisoner shall be forfeited.

(d) No prisoner shall be punished unless he is informed of the offence alleged against and given proper opportunity of presenting his defense and the competent authority shall conduct enquiry in the prison.

(e) In cases of serious violation of prison discipline the Superintendent may order the recording of statements of the prisons concerned. When the Superintendent thinks that recording of statement is not necessary, he shall briefly record salient facts of the case and take decision which should be recorded in the register.

49. Imposition of separate confinement: ---- Every prisoner before being placed in separate confinement shall be thoroughly searched and any article which is considered dangerous or in expedient for him to retain shall be removed. Both the cell and the person of the prisoner shall be carefully searched daily during his continuance in separate confinement.

(b) Prisoners in separate confinement shall be provided with suitable work and regular task shall be exacted all the discretion of the Superintendent.

(d) If both and other facilities are not attached to the cell, inmates confined shall be taken out one by one at a time for bathing and other purposes. They shall not be allowed to communicate or congregate during such periods.

(e) The bedding of prisoners in cellular confinement shall be taken out of the cell during the day and exposed to the sun and air for sufficiently long time.

(f) The Medical Officer shall visit daily the prisoners undergoing punishment of separate confinement and shall advise the Superintendent if he considers termination or alteration of the punishment is necessary on the ground of physical or mental health.

CHAPTER VIII Out Breaks

50. Procedure when alarm is sounded:----- (1) On hearing the alarm, all Jail officers excepting Warders on duty shall at once assemble at the main gate.

The Warders shall fall in near the guard room and arm themselves under the orders of the Senior Officer present and such officer shall dispatch a messenger to the Superintendent if he is not present on the spot.

(2) Upon the alarm being given, the guard and all other officers shall arm themselves with loaded rifles and fix bayonets and fall in. Warders for whom rifles are not available shall be armed with lathis. The main gate sentry with three other warders shall be posted between the gates and unless the prisoners are actually threatening the main gate, the rest of the force available shall enter the Jail and proceed at the double to the scene of the disturbance.

(3) Immediately upon hearing the alarm it shall be duty of every prisoner to run at once to previously selected place of security usually the nearest sleeping barrack where they shall be locked in by the Warders inside the Jail the prisoners shall be warned that neglect of this rule render them liable to be treated as participating in the outbreak and fired on.

(4) Collection and locking up of prisoners:------ Warders on duty in charge of prisoners or gang of prisoners inside the Jail shall collect the prisoners where they are at work and shall lock them up in the nearest barracks or Factory. If outside the Jail the prisoners shall be marched in file at the double to the main gate where they shall be locked up in the nearest barracks or Factory.

If outside the Jail the prisoners shall be marched in file at the double to the main gate where they shall be locked up in the nearest barracks. All prisoners so locked up in barracks and factories, etc., shall be counted by the Warders in charge. The prisoners shall sit silently in file till the alarm is over.

(5) Warders to be on sentry duty on prisoners:----- Warders after locking up of the prisoners in their charge shall remain on sentry duty outside the barrack or factories unless otherwise ordered.

51. Duties of Jailor before the arrival of Superintendent:----- Pending arrival of the Superintendent, the Jailor shall act as follows.

(a) He shall post sentries above the main gate and central Tower to observe and report the movements of the prisoners and to details a party of Warders for duty around the main wall of the prison.

(b) If the main gate is clear he shall take the remainder of the guards inside for the security duty.

(c) On reaching the scènce of disturbance, the guard shall proceed to quell it by means of baten charge or by use of tear gas if available or the officer in command may decide action being first directed to preventing and attempt to escape, to isolate the rioters from other convicts and to rescue any prison officer in danger. If the disturbance is accompanied by violence to any prison Officer or by a combined attempt to be out of prison or any yard or enclosure, the officer in command should warn the prisoners in loud tone that they will be fired upon if they do not submit. If circumstances permit of the delay this warning should be given three times. If the prisoners do not submit or outbreaks or disturbance cannot be quelled by means referred to above, the officer in command shall direct the guards to open fire on the refractory prisoners but shall stop firing as soon as they cease resistance or submit or fly and only minimum force necessary shall be used.

52. Superintendent to assume charges of operation and defense of main gate:------ (1) The Superintendent on arrived shall assume charge of the operation sentry at the main gate and additional Warders posted between gate shall defend the main gate. If prisoners cannot be driven back by other means then by opening fire. Firing shall be resorted to after due warning which should be stopped as soon as the prisoners are driven back.

(2) Police aid shall be invoked by the Superintendent either by phone or other means as speedily as possible only when this is absolutely necessary.

(3) Prison authorities should not attempt to disperse a mob outside the premises of the Jail unless the prison itself is threatened.

(4) When the alarm has been concluded the bell of the prison shall be rung twice as a signal for all officers to return to the main gate where a roll call shall be hold and the names of the officers who were late in turning out or absent noted for necessary action. The Officer in charge of armoury shall collect the unexpended ammunition and render to the Jailor an account of the eartridges fired.

(5) The Superintendent shall as soon as possible report in detail of the outbreak or disturbance to the Inspector General as well as result of his enquiry into the matter.

53. Rehearsal of procedure on alarm:---- It is the duty of the Superintendent to train every prison officer precisely as to what he has to do and with this object an alarm parade should be held once in a quarter at which the procedure laid down in the foregoing rules shall be rehearsed as accurately and as promptly as possible. No arms shall be taken inside the Jail during practice alarm parades. The Superintendent shall record in his journal the fact of alarm parade having been held and the rehearsal was satisfactory a report of such rehearsal shall be submitted to Inspector General.

CHAPTER IX Release of Prisoners

54. Name of convict with less than 3 months sentence of three months or more:----- On admission of a prisoner to a prison with sentence of less than three months his name shall be entered in the release register under the date on which his sentence will expire. If special remission is awarded subsequently the date shall be altered accordingly.

55. Check date in respect of convicts with sentence of three months or more:---- The names of convicts whose substantive sentence is more than three months need not be entered in the release register at the time of admission, For every such convict, A “Check date” shall be fixed. This date shall be the date on which the convict completes two thirds of his sentence. The check date shall be entered in the release check register on the page allotted to the month within which the check date falls and shall also record on the history ticket, warrants and remission register and all entries shall be attested by the Jailor and the Superintendent.

56. Fixation of final dates of release:-- In the first week of every month the Jailor and other officials entrusted with this duty by the Superintendent shall examine the warrant history tickets and the remission register of every convict whose name is entered in the release check register and fix up the final date of release after crediting the convict with the remission already earned and that which is likely to earn in the interval. The Superintendent and the Jailor shall initial the entries all similar entries made in the warrant remission register and history tickets, They shall personally be responsible for correctness of all entries and for illegal detention of prisoner or failure to execute a sentence due to neglect of this rule.

57. Names of convict due for release to be read out at parade:---- On or before 25th day of every month all convicts to be released during the succeeding months shall be paraded before the superintendent and informed of the dates on which they will be released. Any complaint of omission shall at ones be enquired into and brought to the notice of the superintendent.

58. Premature release under Section 432 Cr. P.C:---- In all causes of premature release orders under section 432 criminal Procedure code shall be issued by the Government before the prisoners are actually released from the prisons.

59. Orders by telegram :--- No prisoners shall be released on a telegram.

In cast of telegram purporting to have been sent by the Home Secretary or Chief Secretary to Government of the Register of the High Court action shall be taken to release the prisoner only after confirmation by telegraphic enquiry as to the genuineness of the message.

60. Release orders to be duly authenticated:----- The Superintendent shall not release any prisoner on the authority of any informal document.

Release orders duly signed by the presiding officer of the court and impressed with the seal of the court shall alone be acted upon. Such orders shall contain full particular with regard to the prisoners release. All orders of release before being acted upon shall be carefully scrutinized by the Jailor in order to see that the seal of the court and the signature of the presiding officer are genuine. In case of doubt the matter should be referred to the court concerned before the orders are carried out.

61. Orders of release to be complied with promptly:--- An order of court directing release of a prisoner whether convicted or undertrial shall be carried out with reasonable promptitude and the prisoner shall be released on the same day, unless his further detention is required under the same authority.

(2) If an order for the release of a prisoner otherwise than medical grounds is received before 6 P.M. on any day, it shall be complied with the same day. If such an order is received after 6 p.m. on any day whether it is a Jail holiday or not, it need not be acted upon that day but on the next day.

Superintendents are not required to accept payment of fines after 6 p.m. or on any prison holiday.

62. Certificate of completion of sentence:--- Every convict on release shall be furnished with a certificate that he has completed the term of imprisonment and a certificate of the proficiency in any trade learnt by him while in Jail and about his literary attainment.

63. Return of warrant to court:----- On the release of a convict the warrant under which he was confined shall within 36 hours, be returned to the court from which it was received with the certificate stating the manner in which the sentence has been executed, the reason such as remission granted, reversal of sentence, etc. The return of warrant shall be recorded in the convict register.

64. Death of prisoner:--- The warrant of a prisoner who dies in jail shall be returned to the Court within 36 hours of his death with an endorsement certifying the date and cause of death.

65. Order of high Court:------ When an order of release is received direct from High Court, the Superintendent or officer in charge of the prison shall release the prisoner immediately without waiting for the receipt of formal warrant of release from the lower court. The same procedure shall be followed in cases where sentences are reduced or modified by the High Court and where as a result of such reduction or modification, a prisoner is due for immediate release.

66. Release of female prisoner:------- At least a fortnight before a female prisoner is due for release, the Superintendent shall inform relatives of the prisoner intimating the date of release and asking them to be present at the prison to take her away.

67. Premature release of blind or decrepit prisoners:------ In all cases of complete and incurable blindness not caused by any act of the prisoners in order to procure release, decrepitude or other incurable infirmities such as advanced pulmonary tuberculosis which incapacitate a prisoner from commission of further crimes of the nature for which he is confined a report recommending release of such prisoner may be submitted by the Superintendent to the Inspector General.

(2) The report shall state the amount of remission earned by the prisoner, the date on which he should be released in the ordinary course, details of his conduct in the prison and period spent in hospitals or on the convalescent gang toghter with information as to the prisoners home and relatives likely to receive him and with his remarks. It shall be accompanied by a nominal roll and the report by medical officer on the state of health of the prisoner.

(3) If it appears to be a suitable case for submission to Government, the Inspector, General shall forward the reports and the enclosure to the District Magistrate of the district in which the prisoners home is situated or in which the prisoners relatives reside and shall enquire whether he sees any objection to the conditional release of the prisoner at the discretion of the conditional release of 39 the prisoner at the discretion of the Inspector General and whether the case may be submitted direct to the Government for orders.

68. Release of sick prisoners:---- If the Medical Officer considers (a) that any prisoner is dangerously ill and that his illness has been purposely caused or aggravated by the prisoner himself (b) that his illness whether caused by imprisonment or not, will be so aggravated by further detention to render his early death likely (c) and that the prisoner will have a reasonable chance of recovery if released he shall record a certificate in the following form:------ “I……………. hereby certify that the convict No……… (Name) ……….

is in my opinion dangerously ill, suffering from (Name of disease to be mentioned), His illness has not been caused or aggravated by any acts committed by him in order to procure release and I sincerely declare that in my opinion he is likely to die if he remains in confinement, but that he will have a reasonable chance of recovery if he released” The certificate of the Medical Officer shall be accompanied by full statement of the medical case and the reasons which lead him to the belief expressed in the certificate.

(d) On the receipt of the certificate, the Superintendent shall immediately address the prisoner’s relatives, friends, if any, and ascertain from them whether they are willing to look after the prisoners, if released. In case they are willing the Superintendent shall take bond from them to the effect that the prisoner committee to their care shall be handed over by them to the Superintendent at any time when so required. The security shall be for such amount as the Superintendent may deem fit.

(e) If the unexpired portion of the sentence exceeds six months, the Superintendents shall enquire urgently from the District Magistrate of the District in which the crime was committed whether there is any objection to the release of the prisoner on Medical grounds.

(f) The case then shall be forwarded to the Inspector General with the following documents for submission to the Government.

(1) Forwarding letter, also stating that the prisoner’s relatives or friends are willing to take care of the prisoner, if released.

(2) Nominal roll in duplicate.

(3) Medical case paper.

(4) Medical Officer’s certificate.

(5) District Magistrate’s opinion.

(6) Security bond signed by the prisoner’s relatives or friends.

69. Release of prisoners in danger of death:----- (a) If the Medical Officer consider that any prisoner is in danger of death from any sickness not due to infections disease, and that there is no hope of recovery within or outside the jail he shall record a certificate it the following form.

“I…………….here by certify that convict No………. Name…….. is in my opinion in danger of death from sickness not due to infectious disease.

There appears to be no chance of his recovery within or outsile the prison his illness is such as to incapacitate him absolutely for the commission of further crime and it has not been caused or aggravated by any willful act on the part of the prisoner, In my opinion he will probably die within ……….. months” The Medical Officer shall append to his certificate full statement of the medical case and of the medical case and of the reasons which lead him to the belief expressed in the certificate.

(b) If the Superintendent considers it desirable to give such prisoners the comfort of dying at home, the Superintendent shall atonce consult the Direct Magistrate of the district to which he prisoner belongs about the desirability of releasing the prisoner and then forward the papers to the Inspector General for onward submission to the Government together with nominal roll showing the amount of remission earned and other relevant remarks.

Care should be exercised in recommending release of a prisoner under this rule and the documents to government should contain full particulars for recommending the release of the convict. All release under this rule shall be counted as death for statistical records of the Jail.

70. Release of security prisoners on medical grounds:----- If a prisoner detained solely under sentence of imprisonment in default of furnishing security to keep the peace or good behavior is so security to keep the peace or good behavior is so seriously ill as to be likely to die whatever the term of his unexpired portion of sentence the superintendent shall refer the case immediately to the district Magistrate of the district in which the prisoner was ordered to give security who would exercise the discretion allowed to him by section 124 of I.P.C under which he can release the prisoner without referring to Government, All such release shall be reported to Inspector General by the Superintendent.

71. Conditions of release on grounds of health:------ In the absence of instructions to the contrary every release on medical grounds under the above rules shall be subject to the condition that the prisoner agrees and subscribes to the condition set forth in the prescribed form No. II. This form shall be printed in English and Kannada. The Prisoner shall sign copies of the form both in 41 English and Kannada and the copy signed in Kannada shall be delivered to him on release, the English copy being retained in the prison. The Prisoner shall be instructed to produce his copy of the form of release when reporting himself to the Police authorities.

CHAPTER X Civil Prisoners

72. Segregation of Civil prisoners:--- Civil prisoners shall be confined inside the prison entirely separate from the enclosure allotted to criminal prisoners and shall not be allowed to hold communication or be associated with criminal prisoners.

73. Scale of subsistence allowance:--- The scale of subsistence allowance for civil prisoners shall as follows:

Class I civil prisoners Rs. 2 per day.

Class II ordinary prisoners Rs.1.50 per day.

74. Income defaulters sent to Jail to be treated as Civil prisoner:---- Income tax defaulters sent to prison under warrants issued by an officer empowered by the Income Tax act shall be received by the Superintendent and shall be treated as civil prisoner for all purposes. The officer issuing warrant shall fix the subsistence allowance admissible to the tax defaulter.

75. Payment of first installment:---- (1) In the case of judgment debtors committed to the prison by the court, the first payment of subsistence allowance shall be made before the debtor is sent to prison for such period of the current month as remains unexpired at the time of admission. No civil debtor shall be received into the prison unless subsistence allowance is received along with him.

(2) Subsequent payments of the subsistence allowance shall be paid to the Superintendent by the degree holder concerned by monthly payment in advance before the first day of each month and each payment shall be full amount due for the ensuing month or for as many days less than a moths as the civil prisoner may have to be detained to complete full term of his imprisonment. Payment by installments shall not be permitted.

(c) If any monthly payments of the subsistence allowance is not received by the Superintendent in advance before the first day of each month, the Superintendents shall forthwith without reference to the court, release the Judgment debtor. Every payment shall be made during ordinary business hours and money tendered after prison is locked or on Sundays shall not be received 42 until next working day. A receipt shall be given to decree-holder for subsistence money paid and the amount received shall be credited to the civil prisoners cash book.

76. Release of judgment debtor:----- A judgment debtor shall immediately be discharged from the prison if amount mentioned in the warrant of committal is paid to the Superintendent or if detaining creditor fails to pay the monthly subsistence allowance within the specified time or on the expiry of tern of imprisonment specified in the warrant or on order of the court. The Superintendent or jailor is not required to accept payment of amount mentioned in the warrant of committal and to release judgment debtor on a order of court after prison is locked up or on Sundays or other prison holidays. In the case of subsistence allowance paid by a detaining creditor becoming exhausted on a Sunday or other prison holidays and not being renewed the debtor shall not be released on the preceding day out on the following Monday or working day, as the case may be.

77. Disposal of money on debtors release:------ On the discharge of the Judgment debtor any amount credited with the Superintendent by the parties for the subsistence of the debtor or any unexpended portion of the money sent by the committing court remaining with the superintendent, shall be remitted to the committing court.

78. Report to court of eases of serious illness:----- (1) When the judgment debtor is suffering from serious illness likely to cause his death, the Superintendent shall immediately report to the committing court with a report from the Medical officer specifying the nature of the illness and nominal roll with particulars of decree and the name of the creditor.

Release on grounds of illness

(2) A Judgment debtor who has been committed to the prison may be released three from by the State Government on the ground of his suffering from any infectious contigeous disease.

Facilities insolvency proceedings

(3) Any civil prisoner who wishes to be adjudged insolvent under the insolvency law shall be given the necessary assistance and provided with writing materials for the purpose by the Superintendent.

79. Facilities for interview etc.,:----- Civil prisoners shall be granted all reasonable facilities at proper times and under proper restrictions for interviewing or otherwise communicating either orally or in writing with their relative friends or legal advisers. Civil prisoners shall be allowed to see their 43 relatives and legal advisers on any day except Sundays and prison holidays and under such restrictions as the Superintendent may impose.

CHAPTER XI Prisoners clothing and Equipment

80. Prison clothing:---- (1) Every prisoner undergoing a sentence of rigorous imprisonment or imprisonment for life or of death shall wear prison clothing and shall be supplied with prison, bedding and shall not be allowed to return any articles other than those specified by rules. The use of caps shall however be optional except on parades when all convicts shall wear a cap.

(2) (A) and (B) Class prisoners may be permitted to use their own clothing and bedding except political symbol. They shall be provided with prison clothing on following scale if they desire it, or if the Superintendent considers it necessary.

(3) Clothing of A and B Class male prisoners shall Articles Males Caps - 2 Shirts long sleeves - 2* Pyjamas or doti - 2* Langoties - 2 Towels - 2 *Mode out of superior cloth than those given to the ordinary prisoners.

Night Shirts - 2 Night drawers - 2 Slippers - 1 pair One warm jacket for winter scale Of bedding shall consists of matters (Medium thickness) - 1 Pillows - 2 Pillows covers - 4 44 Bed sheets - 2 Woolen blankets - 1 Mattress covers - 2 They should be provided with a mirror and a comb

(4) Clothing of female prisoners of A and B Class provided by the prison shall consist of-------- Bodees - 2 Towels - 2 Cotton Sarees - 2 Petti coats - 2 Flannel Jacket - 1 Sandals - 1 pair Bedding shall be the same as provided to male A and B Class prisoners and female prisoners of A and B Class shall also be provided with a comb and mirror.

(5) The clothing bedding equipment of ‘C’ Class prisoners shall consists articles.

Articles Male Female Cotton shirt half arm - 2 ------ Shorts upto 2 inches - 2 ------ below knee Caps - 2 ----- Langoties - 1 ------ Towels - 1 2 Woolen jackets - 1 1 Sarees (6yardsX42inches) - -- 3 Ravikas - -- 3 Comb - -- 1 Mirror - -- 1 Loom carpet (6 ½ fpeetX2 ½ feet) 1 1 Bed sheets - 2 2 Chaddar or cumbly - 1 1 45 Pillow - 1 1 Sick prisoners shall be provided with while turban 12 feet X 2 feet and kachas in lieu of caps and trousers, Female prisoners may be allowed toilet articles at their cost.

Eating and drinking vessels for all shall consist of— Aluminum plate - 1 Aluminum mug - 1 Aluminum bowl - 1+ *For curry or butter milk.

Prisoners is Coorg District may be given one woolen jersey instead of woolen jacket and a pair of woolen socks for rainy and winter season Military prisoners shall on no account be allowed to wear military uniform in the prison.

(6) Men employed on work which specially soils their clothing like scavenging cooking gardening may in addition to the ordinary scale of clothing be supplied with an extra jacket and one short for wear during working hours.

Cooks may be allowed an apron coarse cloth besides the usual clothing.

(7) The clothing of a convict night watchmen shall be the same as in ordinary prisoners out shall be provided with a forage cap instead of ordinary cap and brass badge engraved with the words N.W. in the front of the cap.

(8) A convict Warder shall be provided with trousers reaching upto ankle instead of shorts and he shall be provided with two slosed collar coats with five zinc buttons with two sides pockets and the pocket near the chest on the left side. He shall be provided with forage cap and brass badge in front of cap with words C.W. engraved. He shall also be supplied with a belt and whistle and with chain. He shall carry a batten. He shall be supplied with a pair of sandals.

(9) The Medical Officer has authority at any time to direct on medical Grounds to issue extra clothing to any prisoner. He may authorize issue of warm clothing to prisoners who are old or inform if he considers it necessary.

(10) All prison clothing of uniform pattern and all prisoners shall be provided with clothing of white cotton materials. The cotton cloth used shall be 46 made of 7/20s in the warp and 6s or 10s in the weft and 24 picks per inch without stripe. Clothing weft and 24 picks per inch without strap. Clothing closely and uniformly woven and shall be of width 26 inches or 27 inches.

(11) The life of prison clothing and bedding and other equipment shall be as follows:----- Shirts -- 8months Pyjamas or dhoti -- 8months Shorts -- 8months Towel -- 8months Cap -- 1year Langoties -- 8months Bodies or Ravike -- 8months Saree -- 8months Warm jacket -- 2years Pillow covers -- 1years Bed sheets -- 9months Cotton coats -- 9months Blanket or cumbly or Chaddar -- 2years Slippers -- 1year Loom Carpet -- 5years Comb -- 6months Aluminum plates Mug -- 6months Bowl -- 1year Hospitals Clothing

(12) (i) prisoners who are patients in the hospital shall be supplied with suitable sufficient clothing to make them comfortable.

(ii) They shall be provided with properly stuffed mattress with two bed sheets, a counter-pane, a pillow with pillow cover.

(iii) Male prisoners in the hospital shall be provided with cotton coat that can be buttoned up in front, a pyjama of full length, a towel and a chaddar.

47 Coats and pyjama shall have red stripe down on the side and chaddars shall have thick and thin red line in the margin.

(iv) All hospital clothing bedding shall have the letter “H” woven or marked in red. The medical subordinate shall be in charge of the hospital clothing and shall perform the same duties as one assigned to the Jailor or other officer of the prison in charge of prison clothing.

CHATPER XII Dietary

81. Prisoners to receive diet according to scale:---- (1) Every prisoner shall be entitled to received daily at prescribed time food according to the scale prescribed for the class to which he belongs unless he is permitted by rules to receive the food from private sources.

(2) A convict sentenced to rigorous imprisonment who refuses to work shall be given food on the non Labouring scale, irrespective of any other punishments that may be awarded.

(3) The State Government may at any time by order very either temporarily or permanently subject to such conditions as it may think fit, the scales laid down in this chapter.

82. Who should fix the class of diet:---- In case of newly admitted ‘C’ class prisoners, the class of diet viz., mixed diet or rice diet or wheat diet which they are to receive in prison, shall be determined by the Superintendent and entered in the history ticket and the admission register. The Superintendent shall make personal enquiries as to the habits and status of the prisoner before deciding on the class of diet to be allowed to him. Brief reasons should be recorded if rice or wheat diet is allowed.

The above classification shall not be liable to be changed by the prison authorities except on medical grounds and written recommendation of the Medical Officer.

83. Class of diet:---- In the different classes of diet there will be change only in the cereals, the other articles being the same Cereals are as follows:----- 48 Labouring Non-Labouring Grams Grams Mixed diet rice -- 170 170 Ragi or jower -- 515 400 Rice diet: Wheat -- 170 170 Rice -- 515 400 Wheat diet : Rice -- 170 170 Wheat -- 515 400 Ragi or jawar shall be issued as per local usage and habit of people in the area. There is no change of scale according to length of sentence of the prisoner.

Scale No.1—Scale of diet for A and B Class Convicts Vegetarian diet In grams

1. Rice -- 460

2. Wheat -- 115

3. Dhal -- 170

4. Bread -- 60

5. Tamarind -- 30

6. Curry powder -- 20

7. Salt -- 30

8. Onions -- 30

9. Vegetables -- 230

10. Potatoes -- 115

11. Oil -- 30

12. Coconut -- 15

13. Tea or Coffee -- 15

14. Sugar -- 30

15. Milk for tea or coffee -- 140

16. Milk for curds or butter milk -- 280

17. Butter or gee -- 30

18. Garlic -- 2

19. Mustard -- 7

20. Cummuni seeds -- 7

21. Papper -- 7

22. Fuel -- 900 49 Distribution of diet Morning: Bread tea or Coffee, conjee with 30 grams of rice or wheat flour and 4 grams of salt.

Midday meat: Rice and wheat bread two vegetables, curry, papper water, milk or curds.

Evening meal:---- Rice and wheat bread, vegetable curry, papper water, butter milk or curds.

Non Vegetarian diet in grams Rice -- 460 Wheat -- 115 Bread -- 60 Dhal -- 115 on mutton days Tamarind -- 30 Curry powder -- 15 Salt -- 30 Onions -- 30 Oil -- 30 Vegetables -- 170 Potatoes -- 115 Tea or coffee -- 15 Sugar -- 45 Milk for Coffee or tea -- 140 Milk for curds or butter milk -- 140 Butter or ghee -- 30 Mutton or fish (without bones) -- 170 Four days in a week Fuel -- 900 For garam masala ingredients on mutton days 10 paisa per head.

N.B.---- Wheat may be issued in the form of four or sojee or partly in four and partly in the form of sojee. In case of wheat enters the scale of rice and wheat may be interchanged. They will get 115 grams of rice and 460 grams of wheat.

50 Distribution of diets of Non Vegetarian A and B Class Prisoners Morning: Conjee, bread tea or coffee.

Midday Meal: rice and wheat bread two vegetables curry, butter or curds.

Evening Meal: Rice and Wheat bread vegetable curry mutton on mutton days butter milk or curds.

Scale No.II Diet for Class I under trial prisoners Rice----460 grams Wheat-----115 grams Dhall------140 on mutton days non-vegetarian get 85 grams dhall.

Tamarind -----15 Curry power -----22 on mutton days non-vegetarian get 15 grams.

Onion-----15 Oil------30 Salt----30 Vegetables ---- 230 on mutton days non vegetarians get 115 grams.

Mutton without bones---- 115 Twice in a week as per Circular No. ADM /KPR/Diet/76, dated 6th February 1976.

Ghee-30.

Tea or Coffee ----15 Sugar-----7 Milk for Tea or Coffee---140 Garlic-----1 Fuel-----900 Milk for butter milk or curds---115 For garam masala ingredient on mutton days 10 paise per head.

On non Mutton days non-vegetarians to be given besan flour 60 grams jaggery 60 grams and oil 28 grams.

51 Scale No.III----Scale of Diet for C class and Class II under Trial Prisoners Articles Labouring Non-Labouring Grams Grams Rice -- 170 170 Ragi or Jola -- 515 400 Dhal -- 170 170 Vegetable -- 170 170 Onions -- 15 15 Oil -- 10 10 Salt -- 30 30 Tamarind -- 8 8 Curry power -- 8 8 Milk -- 60 60 Mutton without bone once a week 115 115 Jaggery -- 30 30 Garlic -- 1 1 Firewood -- 900 900 Mutton without bones to be issued one day in a week On mutton days non-vegetarians are allowed 6 paisa per head for garam masala. The vegetarian prisoners shall be supplied with the following articles on the day. On which mutton is issued to nonvegetarians.

1. Besan (Grain Flour) -- 60 grams

2. Jaggery -- 60grams

3. Oil -- 30grams This should be issued in the form of ball after frying besan with oil and mixing it with hot jaggery solution.

In the scale II and III vegetables shall be issued in the form of potatoes one day in a week. Equal to half the scale of vegetables compossion of curry power shall be in the following proportion.

Chilies -- 450 grams Coriander -- 360 grams Turmeric -- 30 Cumin seed -- 30 52 Black papper -- 90 Poppy seeds -- 30grams Vandian seed -- 30 Mustard -- 30 Karibeva leaves -- 30 Asafoetida -- 15 grams The allowance of fuel provided in the scale is the maximum. Consumption of fuel should be reduced to 790 grams per prisoner in prisons where population is more than 200.

25. Per cent of vegetables shall be in form of greens and other easonal vegetables may be issued by rotation. The quantity of dhal in table No. III shall be issued in the form of tur dhall 50 percent the other 50 per cent in the form of grams and pulses like green gram, Bengal gram, halasanda and ballar dhal by rotation. Masur dhal or channangi dhal shall not be issued.

84. Control of hospital diet:---- The diet of a prisoner in a hospital is entirely under the control of Medical Officer who may at his discretion order extra provision for any prisoner. Such an order shall, be duly entered in the sick register and Medical Officer’s Journal and there should be n interval of 30 days for issue of any extra diet.

85. Dietary articles:---- (1) The dietary articles shall be thoroughly clean and should be free from husk dirt before issue of cooking.

(2) Curry power shall be prepared and issued to cooks and not in the form of ingredients

(3) If the dietary articles are obtained from the Government god owns, flouring is done departmentally the maximum wastage permitted for cleaning or grinding should be as follows.

Jawar -- 4 per cent Wheat -- 5 “ Ragi -- 8 “ Rice -- 2 “ Firewood -- 5 “ The charge of the wastage should not be automatic and should be fitted to the actual maximum which is fixed as above.

86. Diet of children with the mothers:--- Children in prison with their mother shall be allowed such diet as the Medical Officer may prescribe. Nursing mothers may be allowed such articles as Medical Officer may prescribe in addition to the ordinary diet.

87. Daily inspection of food supplies:--- The Superintendent and the Medical Officer shall exercise utmost vigilance in the preparation and distribution of food which should be inspected by them before issue, Such Inspections shall be done both in respect of raw and cooked food.

88. Diet of a lunatic:---- Lunatic prisoners shall receive ordinary non- Labouring diet unless the Medical Officer otherwise directs. They may also be permitted to obtain home diet.

89. Table of weight to be hung in the cook house:---- (1) Table of the weight of the ration both cooked and uncooked shall be posted in the office and in the kitchen. The weight of cooked articles of food shall be as follows:

Cooked rice weigh very nearly 3 times as much as raw rice and not less than 10 : 27.

Jawar flour to Jawar bread in the ratin of 1 : 11/2.

Ration of wheat flour to chapathi 10:14.

Ragi flour is to ragi ball 1:2 Cooked shall weighs approximately four times as dry dhal in curry.

(2) The morning, midday and evening meals shall be distributed at the following hours.

1. Early morning meal consisting of Conjee (gruel)/ 15 a.m. to 7.45 a.m.

2. Morning meal 11a.m to a.m.

3. Evening meal 5.15 p.m. to 6 p.m.

90. Hospital diet:---- The following scale of dietary are prescribed for patients in hospitals----- Scale No. 1 --- Milk diet.

Scale No. 2 --- Milk and sage diet.

Scale No. 3 --- Milk and rice diet.

Scale No.4 --- Ordinary diet.

54 Scale No.1-------- Scale No.1--- Milk diet :

Bread -- 340 Milk -- 1,120 Sugar -- 60 Rice -- 60 Salt for conjee -- 4 Scale No. 2—Milk and Sago----- Sago -- 116 Sugar -- 60 Milk -- 560 Rice -- 60 Salt for conjee -- 4 Scale No.3 Milk and rice diet---- Rice -- 460 Milk -- 1.120 Sugar -- 30 Scale No.4----Ordinary diet------ Ordinary non-Labouring diet with full quantity of cereals in the form of rice.

CHAPTER XIII Prison Labour and Prison Industries

91. Guiding principles:---- All prisoners under sentence shall work in the prison subject to their physical and mental fitness and work shall not be received as additional punishment but as a means of furthering their rehabilitation and training in work .

92. Hours of work:---- No convict sentenced to rigorous imprisonment or convict sentenced to simple imprisonment who elects to work shall except on an emergency and by written order of the Superintendent, be kept on Labour for more than eight hours in a day. No Prisoners shall be require to perform any labour other than such as may be necessary for conduct of internal management and domestic economy for the prison or to meet any call of emergency on Sundays and prison holidays.

(2) The following shall be the prison holidays---- 1) New year’s day 2) Republic Day 3) Mahashivaratri 4) Lunar New year day.

5) Independence day 6) Ganesh feast day 7) Mahatma Gandhiji’s Birth day 8) Mahalaya Amavasya 9) Ramazan Idd 10) Audha pooja day.

11) Last day of Muharram 12) Chistmas day 13) Gokulashtmi 14) Deepavali 15) Bakrid.

93. Assignment of work:----- (1) When the Medical Officer has certified the class of labour for which a convict is fit the classification committee shall sit once a week for assigning work, to the newly admitted prisoners having a sentence of six months and more. The work so allotted shall be noted in the prisoner’s history ticket. In case of other prisoners the Superintendent shall himself allot work taking into consideration the requirement of the prison management.

(2) The work allotment committee consists of the Superintendent, or the Assistant Superintendent, Medical Officer, Technical Assistant or the Factory Manager and the Agricultural Instructor, if any.

(3) The committee shall take into consideration the following factors while assigning work to inmates.

1. Physical and Mental health

2. Age.

3. Length of sentence.

4. Requirements of security and discipline.

5. Previous occupation training and experience.

6. Level of work skill and abilities.

7. Area where the inmate is likely to settle after release and possibilities’ of employment.

8. Vocational training needs.

(4) As far as possible volunteers should be employed for conservancy work.

(5) If it is found that initial allotment of work does not suit the abilities of an inmate the committee shall consider the question of reallotment of work.

94. Cases of prisoners put on medium and light labour to be reviewed:------ All prisoners who are classed as fit only for medium or light labour shall be examined atleast once a month by the Medical Officer who shall re-examine with a view to their reclassification, if necessary. He shall record any change on their history tickets. If any prisoners are passed for hard labour subsequently becomes permanently unfit for the same the medical officer shall similarly record the revised class of labour for which the prisoners is fit. Frequent change of work on medical ground shall be avoided out the same form of hand lobour shall not be indefinitely exacted and sedentary work shall far as circumstance permit, be occasionally changed for work involving more general movement.

95. Providing labour:---- (1) The Superintendent shall arrange to provide sufficient labour in the prison for employing all convicts who can lobour.

He shall prevent prisoners from being imployed in any position where their lives may be endangered. No more than authorised percentage of prisoners shall be employed as prison servants. The Superintendent shall not permit any prisoner to be employed in any private capacity either for himself or any other person except as provided by rules.

96. Compensation:--- No Claim for Compensation by relatives of the prisoners shall be entertained by the Government if he meets with accidental death or injury while employed on work undertaken by the prison, provided that if a prisoner while employed in spite of having taken all reasonable precautions meet with a accident resulting in physical or mental disability or serious injury or death or loss of health due to occupational diseases, if so certified by the Medical Officer, the Superintendent shall make recommendations to the Inspector General for transmission to Government and Government shall decide the amount of compensation to be paid to the prisoner or his departments.

97. Female convicts not to work outside female enclosure:---- No female prisoner shall under any circumstances be employed outside the female enclosure of prison.

98. Conditions of employing convicts on public works:---- The employment of convicts on a large public works and nation building activities like:----

(a) Construction of dams, bunds roads.

(b) Digging canals.

(d) Agriculture and Horticulture.

May be permitted by Government when works are likely to last longer and justify the erection of accommodation where exercise of care and endorsement of discipline as in prison can be endorsed.

99. Restriction on employment:---- No convict shall at any time be employed on any outside lobour or be permitted to pass out of the prison for being so employed expect with written orders of Superintendent unless with specia sanction of Government. The employment of convicts on local municipal roads or work in any other form of work except such as performed on the prison premises and for prison service is prohibited. No prison labour shall be hired to private persons, contractors or firms, Hiring of prison labour to Government Department such as Public works Department Government press, Department of Horticulture may be permitted with sanction of Government.

100. (1) Restriction on extra mural employment of Prisoners:-- No convict shall at any time be employed on any labour outside the walls of the prison or be permitted to pass out of the prison for purpose so employed without the sanction by the Inspector General.

(a) Unless be has undergone not less than one fourth of the substantive sentence of the imprisonment to which re has been sentenced.

(b) If the unexpired term of substantive sentence awarded in lieu of fine still to be undergone exceeds two years.

(d) If any other charge or charges are pending against him in a court of law.

(e) If he is a resident of foreign territory.

(f) If he is a military deserter.

Before any convict is employed on extra mural work the Jailor shall certify on the history ticket that the prisoner is fit for extra mural work employment under the rules.

(2) No convict shall be employed as clerk in prison office or store.

(3) No new industry shall be started in any prison without the previous sanction of Inspector General.

CHARPER XIV

101. Manufactory to be kept separate:--- There shall be a manufacturing department distinct from the general department in every prison where long term prisoners are confined with distict registers, accounts and returns.

102. Budget allotment:---- (1) The budget for manufactory department shall be communicated to the Superintendent at the beginning of such year by the Inspector General. No Superintendent shall without the previous approval of the Inspector General spend amount in excess of the budget provision.

(2) All purchases shall be made from the cheapest souree of the marked, in cases of large purchases tender system or purchase through Stores purchase Department shall be resorted to. Frequent petty purchases shall be avoided Sufficient stock should be stored when the season is favorable avoiding accumulation of unnecessary stock. In emergent cases articles worth less than one thousand rupees may be purchased reference to Stores Purchase Department.

103. Examination of raw materials:------ Raw materials received into the prison shall be examined by the Technical Assistant or Factory Manager before being handed over to the Store Keeper who shall be jointly responsible 59 that their quality and quantity are correct. The raw materials shall be inspected by the Superintendent before taking to the stock books.

104. Issue of raw materials:---- All raw materials shall be issued from the stores only on indents in the prescribed form signed by the instructor in charge of the workshop concerned and countersigned by the Technical Assistant or Factory Manager. The indents shall be in duplicate; one to be with the Instructor and another with the store Keeper, Indents shall be made daily or at short intervals as required.

105. Entry in stock:----- When raw materials are issued the Store Keeper shall enter the details in the appropriate column of the stock book and strike the balance of the stock remaining both in quantity and value immediately after issue.

106. Technical Assistant of Factory Manager or Jailor to examine manufactured articles:----The manufactured articles completed each day shall.

Before they are delivered to the Store, be examined by the Technical Assistant or Factory Manager or Jailor who shall be responsible that they are of food workmanship and as per sample, if any, If there is any defect, he shall bring it to the notice of the Superintendent who shall take such further action as he deems fit.

107. Record of wastage:--- Wastage resulting from the conversion of materials into manufactured articles shall be distinctly specified in the indent raw materials and entered also in the raw materials’ Register and the Superintendent and the Store Keeper shall intial the same.

108. Records of sale of manufactures:---All sales of manufactured articles shall be entered in the appropriate column of the manufactured articles stock register. They shall also be entered in the day book of sales.

109. Weekly check by Superintendent:--- At least once a week the Superintendent shall check all indent and their counterfoils with the entries in stock book of raw materials and shall satisfy himself that all issues have been made only on countersigned indents and corresponding counter foil. He shall check entries of manufactured articles on indents with those in the stock book of manufactured articles and shall satisfy himself that they correspond. He shall 60 satisfy himself that the issues of raw materials are counted for the entries of manufactured articles and the book is initialed in token of having checked them as prescribed. He shall similarly check all issues noted in the stock book of manufactured artices with the passes and with the day book of credit sales or day book of realisations as the case may be.

110. Superintendent monthly check:-- At the end of each months Store Keeper shall make out a list in the prescribed form No. III of all indents of raw materials which have not yet been satisfied by the receipt of manufactured articles. This list after being checked by the officer in charge to see that it is correct and complete should be submitted to the Superintendent who shall satisfy himself by personal examination of the registers and the stock of raw materials in the workshops that there is sufficient materials to satisfy the indents. He shall also see that no undue delay occurs in the completion of the manufactured articles for which raw materials have been issued.

111. Pass for articles removed from prison:---- (1) No manufactured articles shall be sold or removed from the prison except on a pass signed by the Superintendent. In urgent cases the officer in charges of the articles may with the permission of the Superintendent issue passes and such a pass shall be submitted to the Superintendent for his initials at the earliest opportunity. The pass shall be presented at the gate and Gate Keeper shall retain the pass as a voucher making necessary entries in the gate Register of articles passed out.

The store Keeper shall prepare the pass to accompany all articles issuing from the manufacturing department which are to leave the prison and shall post the entries at the same time in the day book of credit sales or day books or relisation.

(2) For the articles supplied to the same prison on to another prison the price shall be the cost of raw materials including wastage in the manufactured plus the actual wages paid to the prisoners and no charges for profit or wear and tear shall be charged. For supplies to other Government Department the prices shall be fixed as follows.

(1) The cost of raw materials inclusive of wastage in the manufacture.

(2) Labour charges.

(3) Depreciation charges towards wear and tear.

(4) Supervision charges and profits.

61 The levy towards items 3 and 4 shall uniformly be fixed at 15 per cent of the charges under items 1 and 2 together.

112. Review of prices:---If on account of long storage or for any other cause it is found necessary to revise the sale price of any article once fixed, the Superintendent shall submit a report to Inspector General explaining reasons for the revision for obtaining order of Government for disposal of the articles at the revised rates.

The Inspector General is empowered to sanction the sale of manufactured articles lying unsold for over 5 years at a discount not exceeding 10 per cent of the price originally fixed. A discount of 6 ½ percent may be allowed to bone fide merchants. Co-operative Societies, Government Arts and Crafts emporium who make cash payment to the extent of Rs.100 and above at a time.

113. Ledger of credit sales:---- When articles are sold on credit they shall be entered in the day book of credit sales and in the individual ledger.

Each purchaser shall be allotted a separate page and the ledger shall contain an alphabetical index of persons, firms and departments as the case may be.

114. Realisation of Credit sales:---- Credit sales shall not be allowed except to such private firms and such class of Government officer other than prison officials and private individuals as the Inspector General may approve Officers of the Prison Department may be allowed credit to the extent of one monthly salary, recovery being effected out of the pay in three monthly installments in full.

115. Statement of charges:----- A monthly return of manufactured articles and receipts in the prescribed from shall be submitted to the Inspector General. In this return account for all expenditure connected with the manufactory classified under the following heads viz purchase of raw materials, pay of establishment, purchase and repairs of plants articles sold by cash credit to other department and to prison under the book debit system shall be furnished. All charges shall be supported by vouchers.

116. Stock taking:------ In December of each year the Superintendent shall take stock of whole plant raw materials and manufactured goods and shall satisfy himself that every item is correctly entered and accounted for on the credit and debit side of books and that stock and cash account are correct in every particular. A certificate shall then be entered in the Superintendent’s order book, a copy of which shall be submitted to the Inspector General not later than 31st January in the following form.

“I hereby certify that I have carefully examined the manufactory accounts of the prison and tre stock in hand of raw materials manufactured articles, plant etc. together with several registers and books signed thereto and I have found them to be correct except in the particulars specified.

Date Superintendent Station of the Prison”

117. Statement of outstanding:--- Not later than 31st January and 31st July of each year a statement of all outstanding due to and by the prison shall be submitted to the Inspector General in the prescribed from No. IV. Sums Payable by book adjustment shall be grouped separately from sums payable in cash.

Information shall also be given as to the steps taken to recover all such long standing amounts.

118. Advance in certain cases:---- An advance of at least 25 percent of price of the articles shall be taken from all customers before any order exceeding is Rs. 100 in value is taken up for execution.

CHAPTER XV Confinement in Irons for security

119. Pattern of iron to be used:---- While placing prisoners in iron in exercise of powers conferred by section 60, on iron of any kind other than link fetters and handcuffs be imposed on any prisoner. Hand cuffs imposed on prisoners shall be iron bar hand cuffs weighing with lock not more than 908 grams each or spring catch hand cuffs than 507 grams each or chain hand cuffs weighing not more than 454 grams each. Link fetters composed of a chain and ankle rings may be used in prisons. The total weight of such fetters including ankle rings shall not exreed 1362 grams and the chain shall not be less than 61 cmt in length.

120. How and when to use hand cuffs:---- Hand cuffs shall be imposed only in front as a means of restraint under written order of the Superintendent which shall be recorded in the Superintendent’s order book. Hand cuffs may be imposed either separately or in addition to fetters upon any male prisoners who is refractory or violent or dangerous.

(2) In no case except where the prisoner is likely to cause injury to himself or herself shall hand cuffs be kept longer than twenty four hours at once time. Even then hand cuffs shall occasionally be removed to give relief to the arms.

121. Prisoners exempted from imposition of fetters:---- In no case shall fetters be imposed upon female prisoners juvenile prisoners or civil prisoners nor shall fetters be imposed on any prisoner when appearing before a court. They shall not be imposed on prisoners in hospital except with the approval of the Medical Officer. Fetters shall not be imposed on any convict Officers or on any Prisoner who be reason of age, physical infirmity or serious illness is in the opinion of the Medical Officer unfit to be placed in fetters except in exceptional case where a prisoner is so dangerous that it would be unsafe to produce him in the court without fetters.

122. Fetters on escapees:---- The Superintendent may place in fetters any convict who has escaped from the custody or attempts to escape from custody and the period for which such fetters be imposed is at the discretion of the Superintendent. But, fetters shall not be imposed beyond 15 days without obtaining previous sanction of the Inspector General.

123. Medical Officer to be consulted:---- Before taking the measure of placing any prisoner on fetters or hand cuffs the Medical Officer shall be consulted who shall visit daily prisoners kept under security measure and send his report to the Superintendent. Security and custody measures shall not be considered as punishment.

124. Examination of fetters:----- (1) Fetters Imposed on prisoners for safe custody shall be examined daily by a head warder, once a week by the Jailor who shall notify the fact with the result of his examination in his report book.

(2) The Superintendent shall review in the first week of every quarter all cases of prisoners who have been confined in fetters for safe custody and note the result in his order books.

(3) The Inspector General may at the time of inspection satify himself that there are sufficient reasons for the imposition of fetters.

(4) When a prisoner has been in fetters for six months and the Superintendent considers their imposition for further period is necessary he shall report the circumstances to the Inspector General for his orders.

CHAPTER XVI Classification and separation of Prisoners

125. Habitual prisoners:---- Habitual prisoners shall as far as possible be kept separate from others. If possible a separate barrack or ward shall be sent apart for habitual prisoners.

(2) The Inspector General may transfer to the habitual prisoners section of a prison any prisoner not being a habitual prisoner whom for reasons to be recorded in writing he believes to be of vicious or deprived character and to exercise or to be likely to exercise so evil an influence on his fellow prisoners that he ought not to be confined with other non habitual prisoners. A prisoner so transferred shall not otherwise be subject to the special rules affecting habitual prisoners.

126. Under trial prisoners:---- (1) Confessing under train prisoners shall, as far as practicable, be kept separate from other under trial prisoners.

(2) Under trial prisoners shall as far as possible be accommodated in separate cell night. But, if sufficient separate cells are not available for all, priority shall be given to young offenders and non habituals who shall always be kept separate from each other and from ordinary under trial prisoners both by day and night.

127. Prisoners convicted for rape etc:------ Convicts sentenced to imprisonment for offences for offences like rape, unnatural offences, or kidnapping for purpose of prostitution, shall always be kept away from other 65 prisoners and where structural arrangements permit, they shall invariably be lodged separate from other prisoners at night.

128. Juveniles-- (1) Juvenile Prisoners confined in the ordinary prisoners shall be kept entirely separate from other prisoners both by day and night, Habitual juvenile prisoners shall be kept separate from casual Juvenile prisoners.

(2) If there is only one juvenile prisoner or young offender instead of keeping him in solitude the Superintendent may with the permission of the Inspector General transfer him to prison where there are other such prisoners.

129. Military Prisoner’s:----- Military prisoners shall as far as possible be kept entirely separate from ordinary convicts.

130. Prisoners sentenced to simple imprisonment:------ Prisoners sentenced to simple imprisonment shall remain during the day in that part of tre prison which is assigned to them and shall not be allowed to enter the labour yard or communicate with the Labouring prisoners unless they elect to work in which case they shall remain with the gang to which they are allotted.

CHAPTER XVII

131. Classification and Segregation of female Prisoners:--- Female prisoners shall, as far as possible be classified and separated not only the un convicted from the convicted but also adolescents from older prisoner habitual from non habitual and prostitutes and procuresses from respectable women.

132. Restriction of movement of female enclosure:--- (1) No female prisoner shall, on any prelext, be permitted to leave or be removed from the enclosure set apart for female except for release, transfer or attendance at court or under orders of the Superintendent for any other special purpose.

(2) Every female prisoner authorised to leave female enclosure under clause (1) shall ordinarily be accompanied by female warder from the time she leaves the enclosure till she returns to it or quits the prison premises.

(3) No adult male shall enter or be permitted to enter female ward of any prison unless he has a legitimate duty to attend to there and is accompanied 66 by female warder or matron while he remains therein and no adult male shall enter it at all by night except in an emergency and he shall then make a distrinct report of his visit with the reason and hour thereof in his report book and if he does not maintain a report he shall make an early report of the circumstances to the Jailor.

(4) Warders acting as escort to the visitors and officials shall remain outside the enclosure.

133. Finger impressions or photographs of female prisoners:-- When a police officer is required to take the finger impressions or photographs of the female prisoner, he shall be accompanied by an officer of the prison and shall be allowed to go inside the female enclosure to take such finger prints and photographs in the presence of the matron of female warder. The officer of the prison on duty with the police officer shall remain inside the female enclosure till the work is finished by the police officer and then shall accompany him out of the female enclosure.

134. Other facilities:----- Female prisoners shall be allowed to retain bangles and mangalasutra or tali. They shall be permitted to have kum kum or vermilion in accordance with local customs. Gold or silver or costly bangle or ornaments shall not be allowed to be with her but, shall be deposited in the prison office in the prisoner’s account.

135. Prisoners children:---- A child up to six years of age shall be admitted to the prison with its mother if cannot be placed with relative or otherwise properly taken care of children born in prison may remain with their mother up to six years of age.

136. Medical Aid:---- As far as possible every woman prisoner shall be examined by a lady doctor. When a woman prisoner is certified by the lady doctor to be pregnant, the fact shall be reported to the Inspector General with particulars as to the date of admission, term of sentence and duration of pregnancy. The probable date of delivery and the date of release shall also be reported. Proper care shall be taken of such women prisoners.

CHAPTER XVIII Mental Patients

137. Classes of lunatics:---- Lunatic is a person of unsound mind who may be criminal or non-criminal prisoner.

(1) If any convict becomes insane after admission to the prison a report of his case shall immediately be submitted to the Inspector General for moving Government to order his removal to the mental hospital under sub-section (1) of Section 9 of the Mysore Prisoners Act 1963.

(2) On receipt of a warrant issued by the Government under Section 9 of the Mysore Prisoners Act. 1963, the Superintendent shall forward the lunatic to the mental hospital specified in the warrant together with the following documents.

1. Nominal Roll.

2. Copy of the warrant.

3. Medical Officer Certificate in the presoribed form.

4. Medical history sheet.

5. Medical Officer fitness certificate for travel.

(3) No lunatic prisoner shall be transferred to any mental hospital unless he is certified by the Medical Officer to be in a fit state to travel.

Female to accompany female lunatic

(4) Every female lunatic when sent to the Mental Hospital shall be a accompanied to a female warder attendant or relative in addition to the usual escort.

138. Half yearly report:----- On 10th of January and 10th July of each year, the Superintendent shall forward to the Inspector General a report in the prescribed form No. V on the lunatic Prisoners confined in the prison. The Inspector General shall submit a consolidated return to the Government during February and August respectively. The names of the lunatics dying during hall year shall be entered in the return the cause of death being stated. When no lunatic remains in prison on the above dates, a nil report shall be submitted.

139. Certificate under Section 337, Cr.P.C.:---- when an under trial prisoner confined in the prison under section 330 of the Code of Criminal Procedure is certified made under section 337 of the Criminal Procedure Code shall be sent together with the medical history of the case which shall include information as to his conduct while in prison to the court before which he is to be tried so that court may fix a date for trial.

140. Medical Certificate under lunacy Act to be sent to Mental Hospital:---- when any prisoner confined under section 330 and 335 of the Code of Criminal Procedure is sent to a Mental Hospital under orders of Government or of a court, the medical certificate in form 3 of schedule to the Indian Lunacy Act shall be sent with him in addition to other documents prescribed.

CHAPTER XIX Lepers and T.B. Prisoners

141. Submission of case to Inspector General:----- When a prisoner suffering from leprosy is admitted to any prison, Nominal roll regarding him shall be submitted to the Inspector General with a brief Medical case history, which shall state among other thing whether the disease is in advanced stage or not and whether the Medical Officer recommends his removal to the leprosorium for specialised treatment. The Medical case history furnished by the Medical Officer shall also be submitted.

142. Order of transfer:---- If the disease is in an advanced stage. The inspector General shall order the transfer of convict to leper asylum provided no such transfer shall be made unless accommodation is available in the ward and the prisoner is sentenced to imprisonment for a period exceeding three months.

143. Segregation of the Prisoner:---- An under trial or convict Prisoner suffering from leprosy shall until he is transferred to leper asylum be segregated from all other prisoners.

144. Medical Officer to be ex-officio Superintendent:------ The Medical Officer-in-charge of leper of leper asylum shall exercise all rules, as far as possible, under the prisons Act as the Criminal leper ward will be 69 deemed to have been constituted as a place for the confinement under 417 of Criminal procedure Code and Prisons Act shall apply thereto.

145. Other preventions:---- (1) Any cell or other building occupied by a leper shall be thoroughly disinfected, the walls scraped and white washed and floor if of earth, renewed before it is used for any other purpose. Clothing and bedding issued leper shall not be reissued but should be destroyed.

(2) When a convict suffering from T.B. is admitted to a prison nominal roll regarding him shall be submitted to Inspector General with his medical case history which shall state among other things whether the disease is in advanced stage and whether Medical Officer recommends his removal to the T.B.

Hospital. The Inspector General shall order the transfer of such convicts to a T.B. Hospital where facilities are available.

(3) Until T.B. convict in a prison is transferred to a T.B. Hospital he shall be segregated from all other convicts in a cell or ward or temporary shed set apart for the purpose.

CHAPTER XX Convict Officers

146. Grades of convict Officers:---- There shall be two grades of convict officers, namely--- (i) convict night watchman (ii) convict warders Promotion to either grade of convict officers is made when the prisoner is medically fit to perform the duties of the office.

(2) Prisoners imprisoned for escape, rape, unnatural offences, forgery and false documents counterfoiling kidnapping for the purpose of prostitution shall not be appointed as convict Officers.

Prisoner except in self defence or in defence of an officer

(3) No convict officer shall on any pretext strike a of prison or in repression of disturbance, or use any violence except when absolutely necessary. Any convict Officer proved to have infringed this rule shall be permanently degraded to the position of ordinary convict.

(4) No convict officer shall have independent charge of any life, gang or body of prisoners, nor shall be have independent powers to issue orders to prisoners but these shall always be prison guard in superior charge under whose control and orders the convict officers shall work.

Provided that within the main walls of the prison reliable convict officer may temporaily be entrusted with charge of a gang employed on fatigue duty or of a convaleseent gang a small of scavengers or water carriers or sweepers.

(5) Every privilege to which a convict officer is entitled under these rules shall be subject to good conduct and may be forfeited for misconduct.

(6) Convict Officer shall ordinarily be punished by loss of privilege forfeiture of grade, gratuity or remission unless he commits breach of prison discipline or instigation like assault when he shall be treated on par with other prisoners.

(7) A convict officer reduced in grade or reduced to ordinary prisoners shall not be eligible for promotion except with the special sanction of the Inspector General.

(8) If a convict Officer escapes or assists an escape, he shall be permanently reduced to ordinary prisoner in addition to other punishments if any.

(9) If any convict Officers name is removed from the remission register either temporarily or permanently all gratuity to his credit at the time of removal may with the concurrence of Inspector General be forfeited.

(10) In the case of death in a prison of a convict Officer any gratuity due to him may if he has expressed a wish regarding its disposal be dealt with as desired by him otherwise, it shall be made over to the Magistrate who convicted the convict officer for disposal.

147. Authority to appoint etc.,:----- (1) The Superintendent of a prison may subject to rules, appomt convict Officers of all grades.

(2) The maximum number of convict officers in a prison shall not exceed ten percent of the average prisoners in the prison. If for any reason a large number of convict officers are required, the special sanction of the Inspector General shall be obtained.

71 a) The duties of convict officers shall be-----

(1) To take night watch inside the ward.

(2) To maintain order and discipline in the ward, squad and workshop.

(3) To prevent prisoners leaving their allotted berths, to keep silence in the wards, workshops etc.

(4) To prevent all irregularities, attempts to escape, misbehavior etc.

(5) To patrol up and down the barrack and keep alert throughout hours of duty.

(6) To count prisoners frequently, satisfy himself that all are present and answer challenging rounds.

(7) And any other duties assigned by the Superintendent.

(b)The duties of convict warders shall be-----

(1) To assist the warders in Superintendent the prisoners at work, maintaining discipline and silence and keeping them in a safe custody.

(2) To share with the convict night watchman the duties of guarding the wards by inside patrol at night and be responsible for the efficiency of the watch, the safe custody of prisoners and maintenance of discipline.

(3) To escort individual prisoners to hospital, work-shop and back.

(4) To count frequently the prisoners made ever to them, to see that the number is correct and search them, and to prevent them from receiving or retaining prohibited articles.

(5) To give notice of any breach of rules, plots, conspiracies that may come to his knowledge whether amongst prisoners of their own or other gang.

(6) To see that the prisoners industriously perform their task, do not leave their place, communicate with each other in an irregular manner and waste materials and to take care that all tools are properly and carefully return to the store.

(7) To report all cases of sickness and to see that they wash themselves and their clothes and keep their leg irons clean and that they do not barter, alter or damage their clothing.

(8) To assist in qualling any out break and to defend prison officials in case of assault.

(9) To perform such other duties as may be prescribed by the Superintendent.

(There is no Sl. No. 148 in the Original copy of Karnataka Prison rules)

CHAPTER-XXI Attendance of Prisoners in Courts

149. Procedure to obtain escort:----- The Officer-in-Charge of a prison shall on receipt of an order requiring appearance of a prisoner in a court act in accordance therewith and shall provide for safe custody of the prisoner during his absence from the prison for the purpose aforesaid.

(2) The escort of prisoners under this chapter shall be undertaken by the police.

(3) When an order for the production of a prisoner to give evidence or to answer a charge, is received from a competent court by the Superintendent, he shall send a copy of the courts order to the head of the local police, who shall thereupon cause the necessary police guard to be provided in accordance with the terms of the order and the prisoner shall be made over to the custody of the police guard.

(4) Whenever a prisoner is produced before a court situated outside the district in which he is confined, the Superintendent shall report the fact of such production to the District Magistrate and the Superintendent of Police of the District from which the prisoner is so produced.

150. When court and prison are in one place:----- When the court and the prison are in the same state, the prisoner shall be taken from the prison to the court and back daily until his attendance is dispensed with. On every day the attends the court he shall receive full prison ration and shall be allowed to take his mid-day meal with him for consumption at the convenient hour.

151. When court and prison are different place:---- (1) whenever a prisoner is sent for examination to or has to half for night enroute at a station where there is a central or district prison be may be confined in any such prison where there are no such kinds of prisons he shall be confined in a Police lockup.

(2) If the escort is unable to reach a central or district prison or any other prison police lockup before sun set, the Police shall make necessary arrangements for the safe custody of the prisoner.

(3) A Prisoner shall ordinarily be taken from one place to another either by train or by boat or steamer or by bus but when none of these modes of transport are available, he shall be taken on foot unless he is certified by the Medical Officer to be physically unfit for walk in which case the Superintendent shall arrange for a cart or other vehicle according to circumstances. No prisoner shall be compelled to march on foot more than fifteen miles in twenty four hours.

(4) When travelling by train, the class of accommodation to be provided shall be of the lower class for ‘C’ class prisoners and second class in the case of ‘A’ and ‘B’ class Prisoners.

(5) Prisoners whose confessions are to be recorded shall be taken to the court from the prison in a Police van or truck when available escorted by warders as in exceptional case.

Note:----- (i) Prisoners escorted by Police between two places which are more than 2 miles apart and connected by bus may be conveyed by that means provided that the number of prisoners so escorted at a time is small and can be easily controlled provided that their presence in the bus do not cause inconvenience or annoyance to members of the public using it. Acctual conveyance charges in the case of such prisoners shall be paid by the prison authorities.

(6) Women prisoners escorted by Police shall be provided with conveyance when the distance exceeds one mile conveyance may also be provided for shorter distances in cases in which for reasons of health or custom of any other valid reason failure to make such provision would cause undue hardship to them.

152. Cost of prisoners journey:---- (1) When a prisoner is summoned by a court, the Superintendent shall fix the scale and description of diet to be allowed to such prisoner during his absence from the prison and the officer-incharge of the escort shall take action to ensure that the diet fixed by the Superintendent, is as far as possible, given.

(2) The cost of conveyance maintaining prisoners while absent from the prison shall advanced by the Superintendent to the Office-in-charge of the escort. If a prisoner is admitted in to any prison, he shall be supplied with food by that prison.

(3) In case of civil suits in which prisoners testimony is required, the court shall require that party to the suit who applies for summoning of any prisoner under the prisoners (Attendance in Courts)Act, 1955 to deposit prior to the issue of summons an amount sufficient to defray the estimated cost of conveyance diet of the prisoner and the escort provide that the cost shall be demanded from pauper judgement debtors in prisons who have applied to be declared insolvent and whose attendance is required by a civil court at its own instance for examination or when the court is satisfied that the parties to the suit are absolutely unable to pay.

(4) The scale of charges for the conveyance of prisoners required to be produced before courts shall be as follows.

(a) For all prisoners the fare of the lowest class admissible to them for journey by rail or bus, or boat or steamer and actual expenses by road for all.

(b) (i) A and B class prisoners and class I under trial prisoners at two rupees per diem.

(ii) ‘C’ class prisoners at one rupee and twenty five paise per diem.

(5) The journey expenses of the escorting police shall be met by the Police Department.

153. Certain prisoners not be moved:---- No State prisoner or prisoners under sentence of death shall be removed from the prison in which he may be confined without the special sanction of the Government except in the case of a prisoner under sentence o death whose presence is required by Session or High Court for the purpose of taking additional evidence in the case.

154. Documents to accompany prisoner:---- When a prisoner is sent from one prison to another his original warrant or warrants of commitment shall be sent with him.

CHAPTER XXII Transfer of prisoners

155. Powers of Inspector General:---- The Inspector General may sanction the transfer of Prisoners from one prison to another within the State including prisoners sentenced to death subject to the orders and control of the State Government.

156. Transfer pending appeal:---- Prisoners other than those sentenced to imprisonment for life shall not be transferred until the expiry of the period allowed for appeal or until the result of appeal is known.

157. Transfer of female prisoners:---- When a female prisoners is transfersed, a woman constable or a female warder shall accompany the prisoner. The presence of a female warder shall not affect the responsibility of the police for the safe custody of prisoner in transit.

158. Medical certificate of fitness to travel:----- On the day previous to the transfer, the medical office shall give a certificate that the prisoner is in fit state to travel and that he is free from any illness likely to render him dangerous to others. No Prisoners who is not fit to travel shall be transferred.

159. Transfer to be intimated to sentencing court:----- (1) If a prisoner whose appeal is not, decided or who has been committed to prison in default of papment of fine or in, default of furnishing security is transferred to a prison other than that specified in the warrant, intimation of transfer shall be given to the sentence court.

(2) Transferring prison shall send without delay all references like appeal orders, payment of fine in court, revised warrant, annulment or modification of sentence etc., revised in respect of any prisoner after his transfer to the prison to which the prisoner is transferred.

160. Transfer of convicts to a prison outside the State:----- (1) The transfer of a prisoner from a prison in Karnataka State to a prison in another State for execution of sentence or fos release shall require prepious sanction of the Inspector General of prison of both states.

(2) When any prisoner is transferred from another State to any prison in Karnataka State for release, the Superintendent shall inform the District Magistrate of the district of the impending release.

161. Authority over prisoner:----- (1) Persons convicted by any court are under the responsibility of the State Government in whose jurisdiction they are convicted and sentenced. Transfer of prisoners from the State in which they are convicted to their home State does not deprive the State in which trey are convicted of the ultimate authority of custody or remission of sentence vested in them with regard to the prisoners. They prisoners at to be regarded as undergoing sentence during absence from the prison in the State in which they are convicted.

(2) Ordinary remission which is prescribed for the purpose of controlling the work and conduct of a prisoner will be granted by the Superintendent of the prison in which he is confined in accordance with the scale laid down in the rules. But any special remission not provided in the rules or remission under section 432 of the code will be sanctioned by the appropriate government.

162. Circumstances of transfer:------ Inspector General may transfer prisoner from one prison to another prison within the State:---- i. For custody and treatment in suitable institution.

ii. For attendance in courts for purposes of standing trial, giving evidence etc., iii. On medical ground.

iv. On humanitarian grounds in interest of their rehabilitation.

v. For providing essential services to the prisons.

vi. On grounds of security, expendiency or any other ground.

(2) The prisoners convicted in the same case may be transferred to a different prison if it is absolutely essential in the interest of discipline and maintenance of order of any prison.

(3) The amount of permission if any earned by every transferred prisoner up to the end of the proceeding months shall be undersed on the remission shoot and history ticket and on the warrant and the entries shall be signed by the Jailor.

(4) In case of reciprocal transfer of prisoners, the transferring State shall bear the cost of transfer and the cost of maintenance of a prisoner from the date be reaches the prison in other state.

163. Transfer of prisoner convicted by Courts Martial overseas or in India:----- (1)Any ex-military prisoner who is convicted by Court Martial in India shall be committed to the prison of the State of his origin. The Superintendent of the Prison in which the ex-military prisoner is confined shall immediately after admission send nominal roll and written declaration of the prisoner in duplicate to the Inspector General who will issue orders to a prison in another state after obtaining the concurrence of the Inspector General of that State. Ex-military prisoner shall be transferred immediately to the state of origin irrespective of the unexpired portion of sentence.

(2) The cost of maintenance of ex-military prisoner shall be borne by the State of origin from the date they have been received in the prison. The cost transfer shall be borne by the State transferring the prisoners.

CHARPTER XXIII Interviews and Communications with Prisoners

164. Facilities for seeing communicating with friends relatives etc.,:-- ------ Every neply admitted prisoner shall be allowed reasonable facilities for seeing or communication with his relatives, friends or legal advisers with a view to the preparing of an appeal or revision or procuring bail or payment or fine etc., He shall also be allowed to have interview with or write letters to relatives, friends or legal advisors once or twice or often if the Superintendent considers it necessary to enable him to arrange for the management of his property or other family affairs.

(2) Every prisoner committed to the prison in default of payment of fine or failure to furnish security shall be allowed to communicate by letter and to have interviews at reasonable time with his relatives or friends for purpose of arranging for payment of fine or for furnishing of security.

(3) Every prisoner sentenced to death shall be allowed such interview and communications with his relatives, friends and legal advisors as the Superintendent thinks reasonable. In such cases the District Magistrate of the district to which convict belongs may, when desired by the convict, be requested by the Superintendent to communicate to a friend or relative of the convict he desires for an interview.

(4) Every prisoner under sentence of imprisonment for life shall be allowed to have one interview with his friends and relatives before transfer to the prison where the sentence is to be executed.

165. Letters on transfer from one prison to another:----- Every prisoner shall on transfer from one prison to another be allowed to write special letters to his relatives or friends intimating the change of address. If the prisoner is for any reason unable to inform his friends or relatives before his transfer from a prison he shall be permitted to do so after his arrival in the other prison.

166. Prisoners allowed to sign a power of attorney:----- (1) Every newly convicted prisoner my be permitted at the discsetion of the Superintendent to sign and attest a power of attorney or other statements concerning his properties.

(2) Prisoners other than newly admitted prisoners may be granted similar privilage at the discretion of the Superintendent but in their case each such transation shall be treated as one interview with reference to the foregoing rules.

167. Search before and after interview:---- (1) Every prisoner shall be carefuly searched before and after an interview . The search shall not be conducted in the presence of or within sight of the interviewer.

(2) The Superintendent may refuse to allow any interview to which a prisoner would ordinarily be entitled to under these rules if in his opinion it is inxpedient in public interest not allow particular person to interview a prisoner but in every such case, he shall record reasons for refused in his diary.

168. Interview with a legal advisor by an under trial prisoners;----- Every interview between an under trial prisoner and his legal advisor shall take place within the sight but out of hearing of prison officials. A similar concession may be allowed by the Superintendent in the case of an interview with any relative of the under trial prisoner.

(2) When a legal advisor desires an interview with an under trial prisoner be shall apply in writing giving his name and address and profession and satisfy the Superintendent to his bona fides and that he has legitimate business with the prisoner.

169. Facilities to be granted to unconvicted Criminal prisoner and civil prisoners:---- (1) Unconvicted criminal prisoners and civil prisoners shall be granted all reasonable facilities at proper times and under proper restriction for interviewing or otherwise communicating either orally or in writing with the relatives, friends and legal advisers.

(2) Any bonafide confidential written communication prepared by the unconvicted criminal prisoner as instructed by his legal advisor may delivered personally to such legal advisor without being previously examined by the Superintendent.

170. Censorship of letters:----- No letter shall be delivered to or sent by a convicted until the Superintendent has satisfied himself that its transmission is not objectionable. No letter written in cypher shall be allowed.

The Superintendent may with hold any letter which seems to him improper or objectionable or may erase any improper or objectionable passages. If a letter is written in a language unknown to the superintendent or the officer examining it he shall take steps to procure its translation before forwarding it. The subject matter of letters shall be limited to private and domestic matters only and shall not extend to polities. No unnecessary delay shall be allowed to occur in the delivery or dispatch of letters.

171. Interview during hunger strike:------- When a prisoners is on hunger strike no interviews shall be granted.

CHAPTER XXIV Transmission of appeals and Petitions from prisoners.

172. Facilities to convicts for filing appeals:------ (1) The Superintendent shall inform every convict on first admission to the period within which an appeal, from the order under which he has been committed to prison may be field. If the convict desires to appeal and is entitled to so every facility shall be given to him for the purpose.

(2) Any petition or appeal made by a convict within the period allowed by law for appeal shall be countersigned by the Superintendent of the prison and forwarded without delay to the proper appeallate court with a copy of the judgement or order appealed against. In submitting appeals to the appellate court the number of the case specified on the warrant shall be stated.

(3) The cost of postage shall be borne by the Government.

(4) The Superintending shall not withhold the appeal of any convict even though it be appearently barred by limitation. In such a case the prisoner’s explanation for the delay and prayer for the condonation of the delay should be submitted to the appellate court.

173. Application for copy of judgment:------ (1) If a convict without friends relatives or counsel to act for him elects to appeal the Superintendent shall apply to the court concerned for a copy of the judgment or order against which the appeal is to be failed.

(2) If before the receipt of the copy of the order or judgment the prisoner has been transferred to another prison or to the custody of any other officer, the copy shall on receipt be forwarded without delay to the Superintendent of such prison or to such officer as aforesaid.

174. Prisoners to be assisted in preferring appeals:---- The Superintendent shall give prisoners every facility for preferring their appeals or revision petitions. If a prisoner desires to appeal or prefer a revision petition and declare that he has no friends or agents who can make an appeal for him, he shall if the prisoner can write be provided with writing materials and allowed to write his own petition of appeal or revision. If he cannot write a literate prisoner or an officer of the prison shall write the petition of appeal or revision at the discretion of the Superintendent. The Superintendent shall not oblige to give assistance in the preparation of appeals or revision petitions of 81 prisoners who omit to give notice of their intention to appeal before the period of limitation has expired. A prisoner whose petition of appeal or revision is written for him shall be given full opportunity of expressing himself and his case shall as far as possible be recorded in his own words. Printed form of appeal petitions not be used.

175. Exclusion of time taken for obtaining copy of Judgement:------- Every prisoner admitted into a prison to undergo an appealable sentence of imprisonment should be asked by the Superintendent within ten days of the prisoner’s admission into the prison whether he wishes to appeal. The date on which a prisoner expressed his intention to appeal shall be entered in the appropriate space in his history ticket. The time intervening between that date and the date on which the copy of judgment delivered to the prisoner shall be treated as the time required for obtaining a copy of the order of sentence appealed against. With every petition of appeal submitted from a prison the Superintendent shall report to he appellate court the date when the prisoner expressed a desire and the date of delivery of order.

176. Communication of appellate order:----- On receipt of an order disposing of an appeal, the purport there of shall be communicated to the prisoner concerned in the presence of the Superintendent who shall enter on the order a certificate to the effect that it has been so communicated. Whenever a prisoner has been transferred before the receipt of orders on his appeal such orders shall be forwarded without delay to the Superintendent of the prison in which the prisoner is confined.

177. How to send appeal petitions to High Court:----- A petition of appeal or an application for revision addressed or purporting to be addressed to the High Court or a petition of appeal or an application for special leave to appeal, so addressed to the Supreme Court of India by a prisoner, shall together with the accompanying documents be forwarded in a scaled cover by the Superintendent with mist expendition to the Registrar of the High Court or the Registrar of the Supreme Court as the case may be. The Superintendent shall at the same time forward a copy of such petition or application on the Inspector General of prisons.

178. Power of attorney case where a petition of appeal is presented on behalf of a convict:----- (1) If a relative or agent of the convict undertakes to submit an appeal on his behalf, the arrangement be duty authorised by a power of attorney signed by the convict and attested by the Superintendent. No fee shall be demanded or accepted.

(2) If after the receipt of the copy of judgment or order a relative friends or agent of the convict undertakes to make the appeal on his behalf and the convict consents to that course copy of the judgement shall be delivered to such relative, friends or agent, as the case may be, under proper receipt attested by the Jailor.

179. Notice of dates of hearing:---- When notice of the date of hearing has been received, the Superintendent shall communicate the date to the convict who shall affix his signature or left thumb impression on the notice.

The notice shall then the returned to the court or office from which it was received.

180. Petition for suspension revision, etc.,:------ (1) Prisoners are permitted to prefer petition to State Government for suspension, remission or communication of sentence such petition shall be signed by the prisoner and attested by the Superintendent. If written in a language other than the regional language or English, it shall be accompanied by a English translation. Every such petition shall be accompanied by a covering letter addressed to Government in the Home Department. Any other facts of importance bearing on the case shall be entered by the Superintendent in the remarks column. In the case of convicts sentenced in one and the same case, the petitions of two or more prisoners may be submitted together under the same covering letter and with one nominal roll.

(2) Every such petition drawn up by an officer of prison or by another convict shall read over to and sigsed or marked by the prisoner concerned in the presence of the Superintendent or Jailor who shall certify accordingly.

(3) Every petition whether prepared within or without the prison shall after countersignature by the Superintendent with such other papers as may be necessary be forwarded to the Inspector.

(4) If such a petition is based on grounds of alleged bad health. old age or other infirmity of the prisoner, it shall be accompanied by a report of the Medical officer taking how far the allegations or true and by an expression of that officers opinion as to the possibility of life being seriously endangered by prolonged imprisonment and whether the prisoner’s life is likely to be prolonged if he be set at liberty.

(5) A petition shall not be forwarded if it is couched discourteous or offensive language or if it contains statements which the Superintendent knows to be untrue and which the prisoner refuses to amend after the petition has been returned to him for amendment. No petition need be forwarded if it proceeds only on a claim for consideration of general application which has already been disposed of or other matter which is provided for in the rules.

181. Second petition to be withheld:---- when a petition to government has been once rejected, a second petition from the same prisoner or on the same subject shall not be entertained by the authorities of the prison unless in the opinion of the Superintendent further information is available which enders a reconsideration of the case desirable.

182. Petition to courts on matters other than appeal:---- communication from prisoners addressed to the High Court or to the Supreme Court pertaining to matters other than an appeal or revision application should only be forwarded through Government and any petition of appeal or application for revision, addressed to High Court or the Supreme Court should be forwarded direct to the court concerned.

183. Communication by prisoners who are members of parliament or Legislatures:---- Communication addressed by a prisoner who is a Member of the State Legislature or of the parliament, to the Speaker or Chairman of the House of which he is a member, or to the Chairman of a Committee (including Committee of privilege of the State Legislature or of the Parliament as the case may be, immediately forwarded by the Superintendent to the Government so as to be dealt with by them in accordance with the rights and privilages of the prisoner as a Member of the House to which he belongs of the prisoner as a Member of the House to which he belongs duly informing the Inspector General.

184. Procedure when notice to enhance punishment is received:---- (i) when a notice to show cause why a convict’s sentence should not be enhanced has been received from the appellate court, the convict shall be asked whether he wishes to apply for permission to appear in person before the court concerned.

(ii) When a convict wishes to appear in person the Superintendent shall forwarded his application to the court for orders and arrangement shall be made for the personal appearances of the convict in the court, only if such application has been granted by the Court.

185. Telegraphic messages to Courts:---- Telegraphic message from prisoners shall not be transmitted to courts at Government cost. Unless the prisoner himself pays the telegraph charges, such message shall be forwarded by post.

CHAPTER – XXV Visitors of Prisons

186. Board of Visitors:-------- (1) There shall be a Board of Visitors for each prison. The Board shall consist of.

(a) Ex-Officio Visitors.

(b) Other visitors appointed by Government.

(2) The following shall be the ex-officio Visitors of every Prison.

1. Deputy Commissioner.

2. Sessions Judge.

3. Inspector General of Police.

4. Deputy Inspector General of Police.

5. Director of Public instruction or his nominee.

6. Director of Health and Family Planning Services or his nominee.

7. Superintending Engineer.

8. District Surgeon if he is not the Medical officer of the Prison.

9. The Director of Industries and Commerce.

10. The Commissioner of Home Affairs and Secretary to Government, Home Department.

187. Non official Visitors appointment:---- The Government may, on the recommendation of the Deputy Commissioner of the district in which the prison is situate, appoint non official visitors for the several prisons in the State. The number of such visitors shall not ordinarily exceed ten in the case of Central Prison and six in the case of District Prisons.

(2) The non-official visitors to the Central Prison shall be.

(a) The mayor of the Municipal Corporation or the President of Municipality.

(b) Three members of the Mysore Legislature.

(3) The non official Visitors for the District Prisons shall be:--- a) The President of the Municipality b) Two members of the Mysore State Legislature.

c) Three persons of whom one shall be a women nominated by the State Government.

(4) The appointment of non-official Visitors other than members of the state Legislature shall be made for a term of two years. The appointment of members of the State Legislature may be made annually or bi-annually from amongst the members of the Legislature resident in the district in which the prison is situate.

(5) All appointments made under these rules shall be notified in the Mysore Gazette and members are eligible for re-appointment.

(6) The Deputy Commissioner shall be the Chairman of the Board of visitors and shall convene meeting of the Board of Visitors once in every quarter during the months of January, April, July and October.

188. Powers and duties of visitors:--- Every member of the Board of Visitors shall satisfy himself that rules relating to the management of the prison and prisoners are duly carried out in the prison. He may----- 86

(a) Inspect the barracks, cells, wards, worksheds and other buildings of prison.

(b) ascertain------

(i) Whether consideration of health cleanliness and security are attended to;

(ii) Whether proper management and discipline are maintained and.

(iii) Whether any person is illegally detained.

(i) the registers of convicted and under trial prisoners; and

(ii) punishment book.

(d) hear and attend to all representations and petitions made by prisoners.

(e) enter in a book kept in the prison the date and hour of his visit and remarks in any as to the result of their inspection.

(2) Visitors shall not visit prisoners on hunger strike and they shall not also have access to such prisoners as Government may from time to time specify.

(3) No visitors shall issue any order or instructions to any prison Officer.

(4)A Visitors shall sign in the gate register on arrival and departure.

(5) A copy of every entry made by a visitor in the Visitors Book and Proceedings pertaining to the quarterly meeting of the Board shall be forwarded to the inspector General by the Superintendent with his remarks and the Inspector General shall pass such orders as he thinks necessary on the remarks made in the Visitors book and communicate to the Superintendent.

189. Admission of others:---- (1) With the exception of Ministers the Chief Engineer and Executive Engineer of the District in connection with the duties of their Department the official and non official visitors and prison 87 Officers, no person shall be allowed to enter the prison unless accompanied by the Inspector General or the Superintendent or a Jailor without written permission of the Inspector General of the Superintendent.

(2) Any police Officer of a rank not lower than that of a Deputy Superintendent of police may for any purpose connected with the discharge of his duties as such police Officer be permitted to enter into the prison at any time.

(3) Police Officers of rank lower than that of a Deputy Superintendent who are in uniform and have been deputed for duty may be permitted to enter the prison for purposes of recognising old offences or for conducting operations for the identification of prisoners during working hours on any week day.

(4) No police Officer shall be permitted to interview any prisoner except in so far a may be necessary for identification of such prisoner without any order in writing from the district Magistrate or the Superintendent of police or the Deputy Commissioner of Police addressed to the Superintendent of prison.

Any such interviews permitted shall take place in the presence of the Jailor who may be out of hearing of that Officer.

(5) The probation officers may be allowed to have access to the prison on any day during working hours in connection with the discharge of the their work such as interviewing remand and under trial prisoners for preliminary enquiry and convicted prisoners for orientation and re-discharge work.

CHAPTER –XXVI Release of Prisoners Temporarily and on parole Furlough

190. Release under section 55. A Prisoner who desire to get himself released temporarily under section 55 (release on furlough) shall submit an application in the prescribed form No. VI in triplicate to the Superintendent of the Prison.

S.O. 224---- In exercise of the powers conferred by section 56 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) the Government of 88 Karnataka, hereby deligated its powers under the said section to the Inspector General of Prison, Karnataka.

(As per Government Notification No.HD 124 PRM 68 II, dated 17th January 1976)

(2) The prisoner shall give personal bond in form No. VII for reasonable amount for going on furlough.

(v) Prisoners convicted of offences relating to robbery, dacoity under section 392, 402 of I.P.C. or those whose presence is considered to be dangerous or prejudicial to the public peace and tranquility by the District Magistrate as the case may be or these whose conduct in the Prisons is not satisfactory and habituals shall not be released on furlough.

(4) (a) Furlough shall be granted only to such prisoners who have relatives and if such relatives are willing to keep them while on furlough, if trey enter into personal sureties of reasonable amount for the purpose in From No.VIII.

(b) Generally a period of six months should be allowed to elapse before entering another application for release on furlough from prisoner whose application has been turned down.

(c) Furlough shall not be granted to the prisoners within a period of twelve months from the date of previous release on furlough.

(5) (a) The Superintendent shall forward application of the prisoner for release on furlough to the concerned Superintendent of Police and the District Magistrate with such remarks as he deems fit. If the prisoner has applied for spending the furlough outside the State, the application shall be forwarded to the Superintendent of Police and District Magistrate concerned in the State.

(b) The district Magistrate coneferned shall be requested to furnish direct to the Inspector General of Prisons his opinion along with the information regarding relatives of the prisoner with whom the prisoner intends to stay while 89 on furlough. The Superintendent of Police will furnish his remarks through the District Magistrate of the District.

(c) Before returning the application with his remarks to the Inspector General, the District Magistrate shall cause necessary inquirp made. The Inspector General shall forward the application to the State Government with his own remarks.

(6) The State Government shall sanction furlough to prisoners subject to one or more of the following conditions which shall be set out in the order.

In exercise of the powers conferred by section 55 of the Karnataka Prison Act, 1963 (Karnataka Act 33 of 1963) the Government of Karnataka hereby delegates its powers under the said section 55 to the Inspector General of Prisons in Karnataka (Notification No. HD 124 PRM 68, dated 18th November 1974).

(1) That the said prisoner resides at ………….. and shall not go beyond the limits of the District without the written permission of the Superintendent of Police/District Magistrate.

(2) That the said prisoner shall be of good behavior and shall not commit any offence punishable by any law.

(3) That the prisoner shall not associate with bad characters or lead a dissolute life.

(4) That the prisoner shall surrender himself to the Superintendent of prison on the expiry of period of furlough.

(5) That the prisoner shall give a cash security for such amount not exceeding on thousand rupees as the Inspector General thinks fit in each case or execute a personal recognisance bond with two sureties for a like sum according to the discretion of Inspector General.

(7) Whenever a prisoner is released on furlough intimation of his release, surrender or non-surrender if any shall be given by the Superintendent to……

(a) District Magistrate and Superintendent of police of the District in which the prisoner proposes to spend his furlough.

(b) The district Magistrate and Superintendent of Police of the District in which the prisoner was convicted.

PAROLE

191. Release under section 56…….. A prisoner may be released on parole for such period as the Government may order in the case of serious illness or death of any member of the prisoner’s family or his nearest relative or for any other sufficient cause. The period spent under parole shall not count as part of sentence.

(2) A prisoner who desires to be released on parole shall submit his application intriplicate in the prescribed from No. IX to the Superintendent who shall submit the same along with his remarks to the Inspector General along with his remarks to the Inspector General along with nominal roll of the prisoner and such other information as may be required.

(3) The prisoner shall execute a bond in the prescribed from with two satisfactory sureties for a sum of Rs. 3,000 each before the Superintendent giving an undertaking that he will return to the prison before the expiry of the period of his temporary release and that he will maintain good conduct during the period and that he shall not associate with bad characters. He shall also notify the place where he intends to reside during the period of temporary release.

(4) The Superintendent shall ascertain from the Tahsildar and the police concerhed particulars of the sureties before accepting them and the genuineness or otherwise of the purpose for which the prisoner has applied for grant of parole. The Tahsildar and the police concerned shall within fifteen days after the receipt of reference, forward their report to the Superintendent failing, which it is presumed that they have nothing adverse to report. The superintendent shall thereafter make his recommendation to the Inspector General of Prisons, who 91 shall examine and pass suitable orders for release of prisoner on parole subject to the conditions specified in sub rule (3).

(AMENDED AS PER GOVERNMENT NOTIFICATION No. HD 9 PRE 79, dated 11th July 1980)

(5) The expense of the Journey to and fro shall be borne by the Prisoners.

(6) If a prisoner fails to surrender within the stipulated time, to observer the conditions laid down in the bond executed by him or by sureties, proceedings may be taken against the sureties and the prisoner and provisions of section 446 Criminal Procedure Code shall apply there to and the bond executed by them before the Superintendent shall, notwithstanding anything contained in section 446 Criminal Procedure Code, be deemed to have been ted before the jurisdictional Magistrate.

(7) The release and surrender reports shall at once be submitted by the Superintendent or the Inspector General and copy thereof sent to the District magistrate and the Superintendent of Police concerned.

By Order and in the name of the Governor of Karnataka, L.S.L. SASTRY, Under Secretary to Government, Home Department.

92 GOVERNMENT OF KARNATKA (Prison From No.1) (Vide Rule No.6) Prison Department MEDICAL OFFICER`S JOURNAL Name of Prison…………………………………………………………..

Months and Observation or directions Remarks of the Date of medical Officer Superintendent 1 2 3 93 GOVERNMENT OF KARNATKA (Prison From No.II) (Vide Rule No.71) Prisons Department Form of condition to be agreed to by a Prisoner prior to Release on Medical Grounds under Section 432 of the code of Criminal Procedure 1973.

Prisoner’s name and race Father’s name Crime Sentence Amount of punishment undergone Amount of punishment not undergone No. and date of Government order sanctioning conditional release on medical grounds I…………….son……………..of…………………. the village…….

in the taluk of ……………. In the …………..District of ………………… Convict No…………… in the Jail at…………….being informed that the Government is pleased to suspend the sentence which I am undergoing on my assenting to the hereinafter mentioned conditions do hereby bind myself :

(1) That I will within 14 days from the date of my release present myself to the Superintendent of Police………… and will produce the copy of the condition of my release delivered to me by the Superintendent of the Jail.

(2) That I will hence forth report myself once in a month at such time to such officer as I may be directed by the said Superintendent.

(3) That I will not quit the said district of………….. Without the written permission of the said Superintendent.

(4) That I will accept and fulfill the conditions on which such permission may be granted.

(5) That I will not commit any offence punishable by any law in force.

(6) That I will not associate with notoriously bad characters or lead a dissolute life.

(7) That I will live honestly and peaceably and will endeavor to earn an honest livelihood.

I hereby accept and agree to abide by the above condition and I acknowledge that if I knowingly villate any of the conditions I hereby tender myself liable to be recommended under the provisions of Section 401 of the code of Criminal procedure to undergo the unexpired portion of my sentence to which I was originally sentenced.

Sd/- Prisoner.

Certified that the foregoing conditions were read over to the prisoner…………… and accepted by him under section 401 of the Code of Criminal Procedure in my presence.

Sd/- Superintendent … … … … J a i l Witness.

Date:

95 GOVERNMENT OF KARNATAKA (Prison From No.III) (Vide Rule No.110) Prisons Department LIST OF INDENTS FOR RAW MATTERILS PENDING COMPLETION In d en ts n o t fu ll y sa ti sf ie d .

A rt ic le s to b e m an u fa ct u re d o r o th er w is e at te n d ed t o M at er ia ls is su ed M an u fa ct u re d ar ti cl es o r m at er ia ls al re ad y re tu rn ed to st o re s B al an ce o f u n u se d m at er ia ls au fo rm th e w o rk s h o p B al an ce o f m an u fa ct u re d ar ti cl es d u e fr o m w o rk sh o p a S u p er in te n d e n ts o rd er w it h th e d at e an d re su lt fo v ef ii ca ti to n 1 2 3 4 5 6 7 N u m b er D at e N am e N u m b er o r q u an ti ty D es cr ip ti o n N u m b er o f q u an ti ty W ei g h t K .G g ra m s D es cr ip ti o n N u m b er o f w ei g h t W ei g h t K .g .

G ra m s D es cr ip n N u m b er o r q u an ti ty W ei g h t K .g .

G ra m s.

N u m b er 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 96 GOVERNMENT OF KARNATAKA (Prison From No.IV) (Vide Rule No.117) (Prisons Department) Half yearly statement outstanding due to and by the……….. manufactory Department of the……………………………… Prison at………………………………….for he half Youarending ………………………………………………… (Book debt i items being grouped separately from cash) Name Description appointment or address Date from which the earliest item of the debt is due Amount Rs. Ps.

Remarks here enter reminders issued action proposed to be taken etc., 1 2 3 4 5 97 GOVERNMENT OF KARNATAKA (Prison From No.V) (Vide Rule No.138) Prisons Department Report on lunatic prisoners confined under Section 330 and 335 of the Criminal procedure………… Code 1973 in the...........Prison at…………..on……………………a Date of admission in the jail Number 1. Name

2. Sex

3. Age

4. Race

5. Occupation Under what section of a Cr.P.C.

confined Offence of which accused and unite of Government Order Date of last inspection and state of prisoners mind Recommendation Remarks

Submitted to the Inspector General of Prison.

Date: Superintendent Jail:

98 GOVERNMENT OF KARNATAKA PRISONS DEPARTMENT (Prison From No.VI) (Vide Rule No.190) Application for furlough Release (To be submitted through the Superintendent of the prisons.)

To The Inspector General of Prisons Karnataka State, Bangalore.

Sir, I, prisoner No…………….confined in the …………. Prison at………… hereby apply for furlough of ten days excluding the time required for journeys and the days of departure from and arrival at prison, to go to………… Village…….

Taluk…….. District and wish to spend my furlough period with my relative…………. (Mention relationship)…………… Sri………… I have served………..years of sentence I shall go at my cost.

I am not a habitual prisoner.

I shall not at any cost extend my furlough period.

Before me Yours faithfully, Signature of prisoner.

…………………….

Chief Jailor ………………..Prison.

Dated:

99 Submitted to the Inspector General of Prisons Bangalore through the (1) Superintendent of police………… District and (2) the District Magistrate of the District………………District.

The Superintendent of police will please furnish the following information direct to the District Magistrate under intimation to the undersigned.

1. Relationship of the prisoner with the party with whom the prisoner resides during furlough.

2. Whether the party is willing to keep the prisoner.

3. Whether the party is willing to enter into a surety bond of Rs.1000 (One thousand) or deposit that amount in cash with the superintendent of the Jail…………….)

4. Reaction, if any in the place of residence.

The prisoner is eligible to ten days furlough and the same is recommended/not recommended. His nominal roll is enclosed.

Superintendent.

………………Prison.

Advance copy with a copy of the Nominal roll is submitted to the Inspector General of Prisons, Bangalore.

******** 100 GOVERNMENT OF KARNATAKA (Prison from No.VII) (Vide Rule No.190(2) and 191) Prisons Department Personal Recognition Bond Whereas I, prisoner no…………S/o………………resident of…………….village……….Taluk…………… District have been sentenced to undergo imprisonment for the term of …….years and whereas the Government of Karnataka the Inspector General of Prisons, Karnataka state, Bangalore has been pleased to release me on parole furlough for the term of……… Commencing from…… and ending on……….. on condition of my executing a personal Recognition Bond for my appearance as the following date………………….

I hereby agree with and bind myself into the Governor of Karnataka to appear and Surrender myself before the Superintendent of……….. Prison at ……… O’ clock on the following date viz……… and in case the period of parole is extended period of parole and in case of my making default here in I find myself to pay to the Governor of Karnataka a sum of Rs………and I agree that the Governor of Karnataka may without prejudice to any other right or remedies recoper the said sum from me as an arrear of Land Revenue.

Dated this …………..day ………..of………19……….

Before me Signature of the Prisoner.

………………… Superintendent, ……………….Prison.

101 GOVERNMENT OF KARNATAKA (Prison from No.VIII) (Vide Rule No.190(4) and 191) Prison Department Surety Bond I…………….son of …………..resident of ………… village ……….

Taluk………District, hereby declare myself surety for prisoner No……..

Confined at the ………. Prison and give the guarantee that he shall appear himself before the superintendent of………….. Prison at ……….. on the expiration of the period of his suspension of sentence and in case of his making default herein I hereby bind myself to pay to the Governor of Karnataka the sum of Rs……………. (in words also)…….. and I agree that the Governor of Karnataka may without prejudice to any other rights or remedies open recover from me the said sum as an arrear of Land Revenue.

And I agree that any extension of time given to prisoner…………. Will not discharge me from my liability to pay the said amount.

Dated this……………day of …………..19………….

signed by the above named Signature of surety.

Surety in the present of;

Before me ………………….

Superintendent, ……………….Prison.

102 GOVERNMENT OF KARNATAKA (form No.IX) ( Rule No.191) Prison Department (To be submitted in triplicate) To The Inspector General of Prisons, Bangalore.

THROUGH;

The Superintendent………………………….Jail Sir, I prisoner No……………S/o……………….. permanent resident of…………. Village………Taluka………….. District……… confined in………….Jail…………….hereby…apply for grant of parole for days to go to………….. village……..Taluka………District...for the following reasons.

……………………………………………..

………………………………………………… I have served …….year of sentence.

I shall go at my own cost.

I am not a habitual prisoner.

I shall not extend my parole period.

I am agreeable to deposit cash of Rs.6,000 as security to furnish two sureties for a sum of Rs.3,000 each. My sureties are:

I am agreeable to deposit cash of Rs. 6,000 as security.

……………… Your faithfully,

1. …………….

Before Me.

……………. Signature of the prisoner.

Superintendent 103 ………….Jail Submitted to the Inspector General of Prisons, Bangalore along with the report of:

1. Tahsildar…………..Taluk

2. Superintendent of police…………. District regarding the genuineness of the reasons for which Parole is a applied for and the particulars of the sureties furnished.

I recommend/do not recommend the grant of parole for…….days.

The Nominal Roll of the Prisoner is enclosed.

Dated……………… ……………………….

Superintendent ………………………Jail 104 Notification No HD 193 PRM 1976 Bangalore, dated 28th April 1977 G.S.R. 142:----- Whereas the draft of the following rules to amend the Karnataka Prison Rules, 1974, were published as required by sub-section (I) of Section 63 of the Karnataka prison Act, 1963 (Karnataka Act 33 of 1963 in Notification No. GSR 127 (HD 195 PRR 74, dated 17th April 1976, in Part IV 2C(i) of the Karnataka Gazette dated 22nd April 1976 inviting objections and suggestions from all persons likely to be affected thereby on or after 24th May

1976.

2. And whereas the said Gazette was made available to the public on 22nd April 1976

3. And whereas no objections or suggestion have been received on the said draft by the Government.

4. Now. Therefore, in exercise of the powers conferred by section 63 of the Karnataka Prison Act, 1963 (Karnataka Act 33 of 1963), the Government of Karnataka hereby makes the following rules, namely:

1. Title and commencement:-- (1) These rules may be called the Karnataka Prison (Amendment) rules, 1977.

(2) They shall come into force at once.

(3) Insertion of New Chapter XXVII ---- After rule 191 of the said rules, the following Chapter and rules shall be inserted, namely:

105 “CHAPTER - XXVII” Constitution of Advisory Boards

192. Advisory Boards:------ (1) There shall be for each central Prison and District Prison class I, an Advisory Board for the purpose of review of longterm sentences of convicted criminals constituted by the State Government.

Such Advisory Board shall consist of :

Chairman i. Deputy Commissioner Judge.

Members ii) District and Session Judge.

iii) Superintendent of Police.

iv) District Surgeon.

v) There local non-officials.

Secretary

(vi) Superintendent of Central Prison/District Prison.

Note:----- (1) In respect of Central Prison, Bangalore and District Prison, Mysore, the Inspector General of Prison shall be the Chairmen of the Board.

ii) In the absence of the Deputy Commissioner, the District and Session, Judge shall preside over the meetings of the Board.

2. The non-official members mentioned in Clause (v) of sub rule (I) shall be appointed by the Government from a panel of names, suggested to Government in this behalf by the Deputy Commissioner, of the concerned District for term of 3 years, the member being eligible for re-appointment.

193. Functions of the Advisory Board:----- (1) The Advisory Board shall meet at least twice in every year during the months of January and July in the office of the Superintendent of Central Prison or the District Prison, as the case may be.

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2. It shall be the duty to a Advisory Board to review sentence of all convicted criminals.

(i) Who have been sentenced to a term of imprisonment of 5 years but not exceeding 10 years and have undergone the period of one-half of the sentence including remission, if any and.

(ii) Who have been sentenced to a term of imprisonment of more than 10 years and have undergone the period of two-thirds of the sentence including remission, if any.

(3) Upon completion of review, the Advisory Board may recommend to Government the release of a convicted Criminal sentenced to long term imprisonment.

(4) The Advisory Board may also recommend the release of such of the convicted criminals sentenced to a period of imprisonment in default of payment of fine in addition to the substantive sentence provided that such criminals have already undergone at least two-thirds period of the aggregate sentence. If, after taking process etc., if it, found that a prisoner has no property and that there is no chance of fine being realised the advisory Board may take this fact into consideration and may recommend remission of fine while recommending remission of unexpired portion of substantive sentence unless it considers that the period of sentence in default of payment of fine should be served.

194. Orders:----- The State Government thereupon shall consider the recommendation of the Advisory Boards and may direct.

(a) That the prisoner be released forthwith : or

(b) That the prisoner shall be released in the ordinary course on the expiry of the sentence less the period of remission earned.

By order and in the name of the Governor of Karnataka.

T.K. VITTAL, Under Secretary to Government, Home Department.

“Copy” 107 Inspector General of Prisons Home Department Notification No. HD 124 PRM 68-1 Bangalore, dated the 17th January 1976 G.S.R. 28 whereas the draft of the rules further to amend the Karnataka Prisons Rules, 1974 was published as required by sub-section (1) of section 63 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) dated 15th September 1975 in Part IV 2C(ii) of the Karnataka Gazette dated 25th September, 1975 inviting objections and suggestions from all persons likely to be affected hereby on or before 27th October 1975;

And whereas the said Gazette was made available to the public on 25th September 1975.

And whereas no objections or suggestions have been received on the said draft;

Now, therefore, in exercise of the powers conferred by section 63 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) the Government of Karnataka hereby make the following rules, namely:--------

1. Title and commencement:----- (1) These rules may be called the Karnataka Prisons (Amendment) Rules,1976.

(2) They shall come into force on the date of their publication in the Karnataka Gazette.

2. Amendment or rule 191. In rule 191 of the Karnataka prison Rules, 1974 (hereinafter referred to as the said rules)

(a) For sub-rule (1) the following sub-rule shall be substituted namely:----

(1) Release of a prisoner under section 56 shall be initially for a period not exceeding thirty days which may be extended by such period not exceeding thirty days at a time as the State Government of the authority releasing him deems fit;

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Provided that the total period of release at a stretch shall not exceed ninety days.

(b) In sub-rule (2) the words ‘the prescribed” shall be omitted.

(d) For sub-rule (6) the following sub-rule shall be substituted, namely:----

(6) If a prisoner who has been released under section 56 fails to surrender within the stipulated time or to observe the conditions specified in the bond executed by him and the sureties, the bond shall be forfeited and proceeding may be started against him and the sureties under sections 446 and 447 of the Code of Criminal procedure, 1973 as if it is a bond executed by the said prisoner and the sureties before a court under the said code”.

3. Amendment of prison form No.VIII:---- In prison Form No. VIII appended to the said rules. For the words “period if his suspension of sentence” the words “period of suspension or extended period of suspension of his sentence’ shall be inserted.

By Order and in the name of the Government or Karnataka.

T.K. VITTAL, Under Secretary to Government, Home Department.

The Karnataka Prisons Rules, 1974.

The enactment

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