(1) A prisoner whose appeal is rejected by the Supreme Court or High Court may, if he desire it, submit petition to the Hon’ble Governor via Government for pardon or mitigation of sentence, but when once such a petition has been rejected a second petition shall not be forwarded to the Government unless an official visitor on new facts or circumstances which afford grounds for a reconsideration of the subject, thinks it advisable.
(2) Petition based on the ground of family distress or of the health or good conduct of the prisoner shall ordinarily be withheld.
(3) To enable an official visitor to form an opinion in the matter, copies of the petitions and of the order of Government thereon shall be kept in the Jail office, and shall be shown to the visitor, when required.
(4) Recommendation for remission on the ground of ill-health or good conduct of a prisoner may be made by the jail authorities but shall not originate in a petition by the prisoner to the Government.
(5) All prisoners condemned to death shall be allowed to appeal for mercy under the conditions specified in these rules.
576. Manner of filing petition for mercy.- (1) Prisoner’s petitions shall be written in half margin foolscap, and if in vernacular, a translation shall accompany them and the prisoner’s signature or thumb impression, shall be attested by an officer of the Jail.
(2) The petitions shall be countersigned by the Superintendent and forwarded by him direct to the Secretary-In-charge to the Government of Rajasthan, Home Department.
(3) If the petition relates to the alleged bad health of the prisoner who makes the petition, it shall be accompanied by an expression of the Medical Officer’s opinion on the point.
(4) If a petition prepared on behalf of a prisoner be presented to the Superintendent with a view to his obtaining the prisoner’s signature or thumb impression thereon, it shall not, after compliance, be handed back to the person or persons who presented the petition but shall be duly forwarded by the Superintendent to the State Government via the Head of Directorate of Prisons.
577. Filing of other miscellaneous petitions.- (1) In the event of any prisoner desiring to submit petition to the District Magistrate, or his official superior or employers in matters of urgency relating to family affairs, civil suits, property or the like, the Superintendent, after due consideration, may at his discretion permit such petition and shall then countersign and forward it direct to its destination :
Provided that in no case shall any petition of this nature be forwarded direct to the High Court or the State Government.
(2) Prisoners of foreign nationality may, in matters of urgency at the discretion of the Superintendent, be allowed to file petition to the State Government.
578. Legal aid.- (1) The Superintendent shall communicate a list of prisoners of the following categories to the Member Secretary, Rajasthan Legal Services Authority, High Court, in addition to contacting with District Legal Services Authority on continuous basis, for providing legal aid and assistance to,-
(a) Under-trial prisoners who are old and infirm, including women who are pregnant or have babies to be nourished;
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(b) Under-trials who have spent more than three months in prisons and who have no means to engage a counsel;
(c) Persons arrested on suspicion under section 41 of the Code of Criminal Procedure Code, 1973 (Central Act No. 2 of 1974) who have been in prison beyond a period of fifteen days;
(d) Any convicted prisoner who has already filed an appeal through prison authorities, as provided in the Code of Criminal Procedure Code, 1973 (Central Act No. 2 of 1974) and who has given in writing his or her desire to avail free legal aid;
(e) Prisoners, or the members of their family, requiring legal assistance in any civil or criminal matters.
(2) The Superintendent shall also supply information to the Member Secretary of Rajasthan Legal Services Authority, regarding such appeal along with a copy of memorandum of appeal, if available
(3) Information regarding seeking of legal aid may be passed on by the Superintendent to the Member Secretary, Rajasthan Legal Aid Authority or District Legal Aid Authority, if the concerned prisoner has given in writing his or her desire to avail of free legal aid.
(4) If the Counsel engaged by the Legal Services Authority, so desires, he or she may interview the prisoner with regard to these matters.
579. Exclusion of time taken in obtaining copy of judgment.- The date on which a prisoner expresses his intention to appeal shall be entered at the appropriate space in his or her History Ticket and the time between that date and the date on which the copy of judgment is delivered to the prisoner, shall be treated as the time required for obtaining a copy of the order or sentence appealed against, within the meaning of section 12 of the Limitation Act, 1963 (Central Act No. 36 of 1963).
580. Endorsement of appeal petition.- In order to enable the appellate courts to calculate the period of limitation prescribed for criminal appeals under the Limitation Act, 1963 (Central Act No. 36 of 1963), every appeal petition shall be endorsed with the following and signed by the Superintendent, namely:- "The period requisite for obtaining a copy of the order appealed against to be excluded from the period of limitation under section 12 of Limitation Act, 1963 (Central Act No. 36 of 1963), was……days."
581. Delay in preparing petition to be noted.- If any delay has occurred in preparing the appeal or revision petition after the receipt of the copy of judgment, a note of such delay shall also be made on the appeal or revision petition.
582. Maintenance of Appeal Register by the Jailor or Deputy Jailor.- (1) The Jailor or Deputy Jailor shall maintain an Appeal Register which shall be placed by him before the Superintendent as frequently as may be necessary.
(2) Starting from the date on which the prisoner expresses his or her desire to file an appeal, till the date of receipt of the order of the appellate court disposing of the appeal, all such dates on which action is taken during the entire process shall be entered in the Appeal Register and signed by the Superintendent.
(3)This shall include dates on which requisition for judgment copy is sent, the date of the receipt of judgment copy, the date of delivery of the judgment copy to the prisoner or other nominated party and the date of receipt of appeal from the prisoner.
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583. Notice of the date of hearing shall be communicated to the prisoners.- When notice of the date of hearing of an appeal or petition is received, it shall be communicated to the prisoner who shall affix his or her signature or left thumb impression in token of receipt of such notice and the notice shall then be attested by the Superintendent or Jailor and returned to the concerned court.
584. Personal appearance of the prisoner in the Appellate Court.- (1) When notice to show cause why a prisoner’s sentence should not be enhanced is received from the appellate court, the prisoner shall be asked whether he or she wishes to apply for permission to appear in person before the court concerned and if he or she says so, the Superintendent shall forward his or her application to the court for orders for personal appearance in the court, preferably via audio-video electronic means.
(2) Arrangements shall be made for his or her personal appearance in the court, if such permission is granted.
585. Appeal procedure with regard to persons convicted by Court Martial.- (1) No appeal lies from a sentence passed by a court martial under the Army Act, 1950 (Central Act No. 46 of 1950).
(2) The prisoner has a right to submit one petition only, against the judgment or sentence, for disposal by the highest authority to which he or she is authorized to apply.
(3) His or her legal rights to submit a petition and the authority to which a petition shall be addressed are explained to every accused at the time of the pronouncement of sentence.
(4) Such a petition shall be forwarded to the authority to which it is addressed.
(5) Appeals or petitions addressed to the Government of India, or to any civil authority, shall be forwarded to the Central Headquarters of the concerned Armed Force for disposal.
586. Record of the appellate order.- The order and judgment of the Appellate Court, the copy of the original judgment and other connected records, shall be filed and kept along with the prisoner's warrant.
CHAPTER XXIV TRANSFER OF PRISONERS
587. Reasons and circumstances for transfer.- Prisoners may be transferred from one prison to another for the following reasons, namely:-
(a) For custody and treatment in a suitable institution in accordance with the classification procedure;
(b) For attendance in court for the purpose of standing trial or giving evidence;
(c) On medical grounds;
(d) On humanitarian grounds, in the interest of their rehabilitation;
(e) For post release vigilance by the police;
(f) For providing essential services;
(g) On grounds of security, administrative, overcrowding and expediency;
(h) To be nearer to his or her home district; or
(i) For other special reasons, if any.
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588. Home State.- (1) In the case of a prisoner, who has long ceased to have any link with the State of his or her birth, and who is domiciled in the State where he or she is imprisoned and where his or her close relatives live, the later State may be treated as his or her home State for the purpose of transfer.
(2) This fact shall be ascertained from his or her antecedents, or by enquiries regarding his or her relatives, before deciding to transfer such prisoner.
589. Powers of Heads of Directorate of Prisons.- (1) The Head of Directorate of Prisons shall have the following powers, namely:--
(a) to sanction the transfer of any prisoner as referred to in section 29 of the Prisoners Act, 1900 (Central Act No. 3 of 1900) from one prison to another within the State.
(b) to transfer any prisoner under sentence of death from one prison to another shall rest with the Head of Directorate of Prisons.
(2) The sanction of the Head of Directorate of prisons however shall not be necessary for transfer of prisoners in the following cases, and the Superintendent may pass an order for such transfer, namely:-
(i) Transfer of prisoners required to give evidence or to undergo trial for an offence in another State;
(ii) Transfer of prisoners en-route;
(iii) Transfer of prisoner to a classified institution in accordance with a standing order issued for this purpose.
Explanation: Copy of Intimation regarding the transfer of a prisoner in the above three circumstances shall, however, be submitted to the Head of Directorate of Prisons immediately.
590. Certificate of Medical Officer before transfer.- (1) No prisoner shall be removed from one jail to another unless the Medical Officer certifies that the prisoner is free from any illness rendering him unfit for removal.
(2) On the day any prisoner is to be transferred, he shall be brought before the Medical Officer, who shall furnish a certificate in the specified Form to the effect that each prisoner selected for transfer is in a fit condition to travel.
(3) In the event of the removal of aged and weak, who are unable or unfit to walk, being absolutely necessary, suitable means shall be provided to carry them.
(4) It shall be the duty of the Superintendent to see that no prisoner, who is incapable of bodily labour from age, sickness or infirmity or who has been exempted from labour by his sentence, shall be recommended for transfer or is transferred to another jail without a special order from the Head of Directorate of Prisons.
591. Transfer of sick prisoners.- Sick Prisoners may be transferred from one prison to another prison on the following grounds, namely:--
(a) No prisoner who is sick shall be transferred except for the benefit of his or her health;
(b) When the Medical Officer is of the opinion that the transfer of a sick prisoner to another prison is likely to lead to his or her recovery, or will help in prolonging his or her life, he shall forward a brief statement of the case to the Superintendent, mentioning the prison to which a transfer is desirable and the Superintendent shall thereafter submit the case to the Head of Directorate of prisons for his orders;
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(c) The Superintendent shall, on a requisition in writing from the Medical Officer, supply extra food, clothing and bedding to prisoners for such journeys;
(d) Medicines, with instructions for their use, shall if necessary, be supplied to the officer escorting such prisoner; and
(e) The Medical Officer shall be responsible to ensure that the medical case sheet of a prisoner is up to date at the time of his or her transfer.
592. Prisoners convicted in the same case.- Prisoners convicted in the same case may be transferred to different prisons if, in the opinion of the Superintendent, it is absolutely essential to do so in the interest of discipline and maintenance of order in the prison.
593. Transfer of habitual prisoners.- (1) The Superintendent may apply to the Head of Directorate of Prisons for transfer of a habitual prisoner from the prison on the ground that the prisoner is familiar with the locality and surroundings because of previous imprisonment there or otherwise.
(2) The Head of Directorate of Prisons shall order transfer of such prisoners only in special cases, treating every such application on its merit, and after satisfying himself that sufficient reasons for transferring the prisoner exist.
594. Transfer of prisoners convicted by civil courts.- (1) Every prisoner convicted by a civil court of competent jurisdiction in a State other than that of his or her origin, may be transferred to his State of Origin, if his unexpired portion of sentence is at least three months at the time of his transfer.
(2) He shall be moved either to a prison in the district to which he belongs or to a prisoner nearest to his native place.
(3) In the case of any such prisoner to be transferred to his native state, the Superintendent of Police and the Probation officer of that district of the State shall confirm the fact that the prisoner is native of that district of the state.
595. Transfer of prisoner to outside state.- (1) In the case of any convicted prisoner to be transferred to another State, the Superintendent of the prison, where the prisoner is confined, shall obtain from the prisoner a written declaration giving details of his or her address as also addresses of his or her relatives in his or her State of origin and send the details to the Head of Directorate of Prisons.
(2) The Head of Directorate of Prisons shall also ascertain the name of the prison, in the State of origin to which the prisoner has to be transferred from the Head of Directorate of Prisons of that State and then issue orders for the transfer of the prisoner after obtaining orders from the State Government.
Explanation: (i) Due consideration shall be given to the wishes of a prisoner regarding transfer to his/her home State, unless there are adequate reasons against it – for instance, his/her being out of mind or obstreperous or an aged parent wishing to be able to see his/her children during the last days.
Explanation: (ii) The transferring State shall bear the cost of transfer of the prisoner.
The cost of maintenance of the prisoner shall be borne by the State of his/her origin from the date he/she is received.
Explanation: (iii) The prisoners' property and wages earned by him/her in the prison till the date of his/her transfer shall be sent, along with the prisoner, to the prison to which he/she is transferred.
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596. Transfer of prisoners convicted by court martial overseas or in India on reciprocal basis.- (1) Every ex-military prisoner convicted by a court martial overseas, or in India, and confined in any prison, other than a prison in his or her State of origin, may be transferred to a prison in his or her State of origin.
(2) The Superintendent of Prison, where the prisoner is confined, shall immediately after his or her admission, send a written declaration of the ex-military prisoner in duplicate to the Head of Directorate of Prisons, who shall, in consultation with the Head of Directorate of Prisons of the State of origin of the prisoner, decide that the prisoner shall be transferred and issue orders to this effect.
(3) The Head of Directorate of Prisons shall also entertain requests from prisoners of his State confined in prisons of other states, and after proper verification by the Superintendent of Police of the district to which the prisoner belongs, inform the respective Inspector General about the prisons to which such prisoner should be transferred.
Explanation: (i) Ex-military prisoners should be transferred immediately to their State of origin irrespective of the unexpired portion of their sentence.
Explanation: (ii) The cost of maintenance of ex-military prisoners shall be borne by the States of their origin from the date they are received in their prisons.
597. Transfer of prisoners prior to release.- Every habitual prisoner, police registered prisoner, prisoner ordered to pay a fine, a prisoner required to notify residence subsequent to his or her release, a person ordered to undergo imprisonment in default of furnishing security for maintaining peace or good behavior, a prisoner certified to be mentally ill, and a female prisoner, if confined in a far away prison, shall be transferred to the prison nearest to his or her home, one clear week before the date of the expiry of his or her substantive sentence.
598. Transfer of Police registered sick prisoners.- (1) If a Police Registered prisoner as mentioned is unfit by reason of sickness, for transfer to the jails of the district in which his home is situated, two months before his or her release, the fact shall be communicated to the Superintendent of Police of the district to which the prisoner belongs and also to the local Superintendent of Police.
(2) If the prisoner subsequently becomes fit for transfer in time to allow of his or her reaching the prison of his or her district before his release is due, he or she shall then be transferred.
(3) If, when only a fortnight of his sentence remains to be served, he is still unfit for transfer, his or her Police Registered Slip (P.R.Slip) shall be sent to the local police with a note of the fact on it and on the day of his or her release, he or she shall be discharged at the prison gate without further action being taken.
599. Transfer of prisoners belonging to other States.- Prisoners belonging to other States may be transferred on following grounds, namely:-
(a) As a general rule, Police registered criminals, not being natives of the State in which they are undergoing sentence, shall be removed, without regard to their wishes in the matter at any time, if they are sentenced to imprisonment for three months or less, and two months before their release, if they are sentenced to imprisonment for more than three months, either to the prison of the district to which they belong or to the prison nearest to their native place:
Provided that such prison is declared by the State Government concerned as the receiving depot for prisoners removed from the State.
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(b) A prisoner sentenced to more than three months of imprisonment shall be transferred to a prison in his or her home district earlier than two months if he or she is willing or if there are adequate reasons requiring such transfer.
(c) All such cases, as mentioned above, shall ordinarily be intimated by the police to the Superintendent of Prison in the form of a Police Registered Slip.
(d) When a Police Registered Slip is received, the details to be filled in at the prison shall be completed and the slip attached to the Prisoner’s warrant and sent with him to any prison to which he or she may be transferred, at the same time an entry of the letters “P.R.T.”, signifying Police Registered Prisoners for Transfer shall be made in red ink in the Convict Register and Register of Prisoners to be released.
(e) The Superintendent shall forward to the Head of Directorate of Prisons, for such prisoner, an application for his or her transfer one month before the date on which the transfer is to be affected in accordance with the rules.
(f) The Head of Directorate of Prisons is authorized to order the removal of such prisoner, as required above, and shall pass a formal order sanctioning the transfer in consultation with the Head of Directorate of Prisons of the State, with the consent of that Government to which the prisoner is to be removed.
(g) On the death or escape of a Police registered prisoner, the Police Registered Form attached to his or her warrant shall be returned to the Superintendent of Police of his or her district with an endorsement showing the date of his death or escape.
(h) Similarly any prisoner, whose detention in a prison of the State in which he or she is undergoing sentence, is deemed inexpedient, he or she may be removed with the previous consent to the Head of Directorate of Prisons of the State and the Government of the State to which it is proposed to remove him.
600. Prohibition of transfer during epidemics.- (1) Prisoners shall not be transferred while cholera or any other epidemic disease is present in either the transferring or the receiving prison.
(2) Transfer along a route where cholera or any other epidemic is prevalent, shall also be avoided as far as possible.
601. Grounds of retransfer to be stated.- (1) When a prisoner has been transferred for any special reason by the Head of Directorate of Prisons, the Superintendent shall, bring to notice the special reason for which the original transfer was made when proposing the retransfer of such prisoner.
(2) There shall not be any suppression of facts.
602 Police to escort prisoners.- Police escort to the prisoners is given on following manner, namely:-
(a) The responsibility of escorting prisoners rests with the police;
(b) The Superintendent of Prison shall endeavour to reduce the calls upon the police as far as possible, by transferring prisoners in batches;
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(c) The authorities at the transferring prison shall, as far as possible, avoid sending prisoners of different categories in the same batch; and
(d) Only where the circumstances make this unavoidable, they shall give clear instructions to the officer in charge of the escort to prohibit communication amongst such prisoners.
603. Application for escort.- (1) The Superintendent shall send a separate written requisition to the Superintendent of Police for every escort required to guard prisoners on transfer from one jail to another or who are required to be sent to a court (including undertrial prisoners).
(2) Such requisition shall state the number and name of prisoners to be guarded, their offence for which convicted or accused, sentence, if any, previous conviction, jail record, etc., as required by the transfer from and shall be delivered at least seventy two hours exclusive of Sundays and holidays, before the escort is required.
(3) In urgent cases the Superintendent may send a requisition for escort at shorter notice.
604. Precautionary measures.- (1) Full details of the following types of prisoners shall always be supplied to the escorting party before they are handed over to the police by the Superintendent of the transferring prison, namely:-
(a) Prisoners whose conduct in prison is bad or who have been found to be dangerous;
(b) Prisoners involved in heinous offences;
(c) Prisoners sentenced under section 224 of the Indian Penal Code (Central Act No. 45 of 1860), and those who are known to have escaped or have attempted to escape in the past; and
(d) Any other important information.
(2) The District Collector, Superintendent of Police and the Superintendent of Prison shall be informed in advance when prisoners likely to attract public attention and cause a stir are being transferred.
605. Provision of female Warders.- When a female prisoner is transferred, a female Warder or Woman Police Constable shall accompany her, but, her presence does not relieve the responsibility of the police for the safe custody of the prisoner in transit.
606. Intimation of prisoners transferred to be given.- (1) The Superintendent shall furnish to the officer in charge of escort a memorandum showing the number of prisoners being dispatched, their state of health, the route they are to take and the date of dispatch.
(2) He shall also send all these details to the Superintendent of the receiving prison, along with the probable date of their arrival well in advance, and if necessary, by e-mail or Fax.
607. Procedure prior to transfer.- The Superintendent shall, before transferring a prisoner, verify all the entries regarding him or her and certify on the back of the warrant, the number and date of the order directing the transfer and the date of transfer.
608. Dispatch of prisoner’s property.- (1) On the transfer of a prisoner, the Jailor or Superintendent of the dispatching prison shall get a list of the prisoner's property prepared in triplicate, as entered in the Convict Register, and obtain the signature of the officer in charge of the escort for the property on the counterfoil as a token of receipt.
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(2) The duplicate and triplicate forms, the former signed by the Jailor of the dispatching prison, together with the property, shall be given to the officer in charge of the escort to be handed over to the receiving prison, where the duplicate list shall be retained and filed.
(3) The triplicate shall be signed by the Jailor of the receiving prison and handed over to the officer in charge of the escort.
(4) If it is found that there is any discrepancy in the cash, jewellery or property, immediate notice of the same shall be given to the Superintendent of the dispatching prison who shall begin an enquiry into the matter.
609. Documents to accompany prisoners.- The following documents relating to each transferred prisoner shall be given to the officer in charge of the escort to be delivered to the Superintendent of the receiving prison, namely:-
(a) His or her original warrant or warrants duly endorsed;
(b) A copy of the committing court’s judgment, if available, the order of any appellate court and of the government on any petition made by the prisoner;
(c) His or her history ticket;
(d) His or her remission sheet, if any;
(e) His or her medical case sheet;
(f) Duplicate and triplicate lists of all private property belonging to the prisoner; and
(g) A list of clothing, bedding and other government property sent with the prisoner.
610. Remission Earned.- (1) The total amount of remission earned by every transferred prisoner upto the end of the preceding month shall be endorsed on his or her History Ticket, remission sheet and on the warrant, and the entries shall be signed by the Superintendent.
(2) The Jailor of the transferring prison shall be responsible that the above information is duly and correctly supplied and that all documents to accompany the prisoners are correctly sent.
611. Prisoners to be searched before dispatch.- Every prisoner shall be searched in the presence of the Deputy Jailor and escort party before dispatch.
612. Supply of food and clothing on journey.- (1) In case of under-trial prisoner during transit, shall be allowed to wear his private clothing. Whenever the private clothing of a prisoner has been destroyed, he or she shall, on transfer, be provided with civilians clothing at Government cost.
(2) Subsistence allowances shall be paid to all under-trial prisoners at the rate fixed by the Government, to be borne by the Jail Department.
613. Duty of the escorting officer.- (1) The officer in charge of escort shall see that prisoners do not communicate with outsiders and have no opportunity of obtaining forbidden articles, including cash, from their friends or relatives while in transit. During the transit period, the prisoner shall not be allowed to handle any cash, jewellery or other private property, except his or her private clothing.
(2) If any breach or neglect of duty on the part of the officer in charge of escort is noticed, the Superintendent of the receiving prison shall send a report to the Inspector General of Prisons.
614. Custody of female and adolescent prisoners.- During transit, female and adolescent prisoners shall be separated from adult male prisoners.
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615. Search during transit.- Prisoners shall be searched by the officer in charge of the escort daily during transit.
616. Transfer by rail.- (1) Prisoners shall ordinarily be transferred by rail where facilities for travel by rail exist and the fares of prisoners and of the warder, if any in charge, shall be included in the Railway Warrant. The accommodation to be provided shall be of the lowest class.
(2) The Superintendent of jail is at the discretion to issue Railway warrant for the prisoners and staff.
(3) When prisoners are to be transferred by rail, timely notice shall be given to the police of the intended date and hour of dispatch with a view to make suitable arrangements with the railway authorities for their safe custody in transit, and for the provision of necessary accommodation.
617. Transfer by road.- (1) The police escort party, which is transporting prisoners by road, shall provide necessary conveyance even for a shorter distance.
(2) Taking into consideration the safety and security of the prisoners, the police shall chalk out the routes and places of halt, in advance and any accident on transit should be promptly intimated to the Superintendent of the Prison from where the prisoner has been moved.
618. Procedure if prisoner falls sick.- (1) If, during such transfer by road, a prisoner becomes so ill as to be unable to continue his or her journey, he or she shall be taken to the nearest hospital, or to any place where there is a public dispensary, for treatment by a Medical Officer.
(2) A report of the circumstances shall immediately be made to the Superintendent of the dispatching prison and of the prison to which the prisoner was being moved.
619. Procedure in case of death of a prisoner in transit.- (1) When a prisoner dies in transit, the officer in charge of the escort shall at once report the circumstances to the nearest police station, which in turn will inform the Executive Magistrate.
(2) The Executive Magistrate shall enquire into the case and submit his or her report directly to the Inspector General and shall arrange for the disposal of the dead body.
(3) The officer in charge of the escort shall also intimate the death of a prisoner to the Superintendent of the prison to which the prisoner was being transferred, and the Superintendent of the transferring prison immediately.
(4) The latter shall inform the deceased prisoner’s relatives, the Government, and the National Human Rights Commission or Rajasthan Human Rights Commission of the death of the prisoner.
620. Procedure if prisoner escapes.- (1) If, during transit, a prisoner escapes, intimation shall at once be given by the officer in charge of the escort to the nearest police station to enable them to take steps for recapture of the prisoner.
(2) The Superintendent of the prison to which the prisoner was being taken and of the transferring prison, shall also be informed of the escape, and the latter shall take the prescribed measures for the prisoner’s preapprehension.
(3) On recapture such a prisoner shall be sent to the prison from where he was originally being transferred and if he is not immediately recaptured, the warrant and other documents relating to the prisoner and prisoner’s property shall be returned to the Jail from which he was transferred.
621. Admission of transferred prisoners.- (1) On arrival at the receiving prison, the usual procedure for the admission of prisoners shall be followed.
(2) The Superintendent shall satisfy himself that the correct number of prisoners has been received and that they have been properly fed and cared for during transit.
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622. Verification of lists accompanying prisoners.- When the authorized prison officer of the receiving prison has satisfied himself that the prisoner’s documents and property have been correctly received, he shall countersign the memorandum and the triplicate copy of the list of property and shall return them, together with any clothing and item issued at government cost, to the transferring prison.
623. Facilities in the matter of letter writing.- Special facilities for writing letters to family, before and after transfer, may be extended to prisoners at the discretion of the Superintendent of Prison.
CHAPTER XXV INSPECTION OF JAILS
624. Inspection of Jails.- Inspections play an important role in improving the conditions of prison inmates and working conditions of prison staff and are an important tool to ensure that the prison staff is operating strictly in accordance with applicable rules and regulations and that all records pertaining to matters related to prison inmates are maintained and updated as per the relevant rules.
625 Types of inspection.- Inspection are of two types, namely:-
(a) Informal inspection; and
(b) Formal inspection.
626. Conduct of informal inspections.- (1) Informal inspections shall be conducted by every officer of the jail Department of the rank of jail Superintendent and above, as and when they visit a prison while discharging their official duties.
(2) The visiting officer shall prepare an informal inspection report containing the following, namely:-
(a) Security and lighting arrangements;
(b) Mess and canteen facilities;
(c) Vacancy position of staff;
(d) Medical facilities;
(e) Prisoners strength;
(f) All Jail buildings;
(g) Interview with prisoners;
(h) Grievances of prison staff;
(i) Pending references with the prison headquarters;
(j) Female prisoners and infants;
(k) Prisoner Management Software or Video Conferencing facility; and
(l) Any other administrative issues.
627. Conduct of formal inspections.- (1) Formal inspection shall be carried out in detail by an Inspecting Officer, as may be designated by the Government.
(2) The Inspecting Officer shall spend minimum of two nights and two days at the prison, while carrying out the inspection.
(3) The Inspecting Officer shall draw a detailed inspection report covering the following, namely:-
(a) Comments on the compliance of the observations made or directions issued by the Head of the Directorate on the previous inspection note;
(b) Scheduled accommodation and actual prison population;
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(c) Vacancy position of staff;
(d) Security and lighting arrangements during day time and night or Generator Sets;
(e) Jail alarm system;
(f) Mess and Canteen Facilities;
(g) Interview facilities for prisoners;
(h) Stores;
(i) Jail record to be maintained for the prison inmates;
(j) Record relating to parole, remission and pre- mature release etc.;
(k) Women prisoners and infants;
(l) Medical facilities;
(m) Work opportunities in jail;
(n) Remission system;
(o) Wages to prisoners;
(p) Library;
(q) Hygienic condition in barrack including water and sewerage facilities;
(r) Recreation facilities or Sports or Religious activities or Spiritual activities;
(s) Jail farms;
(t) Jail Industry or Workshop;
(u) Prison Panchayat;
(v) High security ward;
(w) High risk prisoners;
(x) Computerization or Video Conferencing facility or CCTVs and other electronic surveillance systems;
(y) Prison staff colony or Warders Line etc.;
(z) Interviews with prison staff;
(za) Other administrative matters related to prisons, prisoners and staff; and
(zb) Welfare of the staff.
(4)The formal inspection shall contain an Action Taken Report (ATR) on,-
(a) Grievances Redressal Meeting, if any; and
(b) Canteen Management.
628. Half yearly Inspections.- (1) Every Central Jail or District Jails or Sub-jails or Open air camp or Women Jail shall be inspected twice in a year out of which at least one such inspection shall be carried out by any officer authorised by the Head of the Directorate of Prison.
(2) The Head of the Directorate shall appoint inspecting officers for different jails in advance by 15 th January of every year.
629. Compliance Report.- (1) The Head of the Directorate shall issue directions to the Superintendent of the prison concerned for complying with the observations made in the inspection report.
(2) The compliance report on the directions issued on the inspection note shall be submitted by the Superintendent Jail concerned before the next inspection is due.
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(3) The Inspecting Officer shall write a paragraph in his report about the compliance by or response of the Jail Superintendent on the points raised or observations made in the previous inspection report.
630. Annual Inspections.- (1) The Head of the Directorate or any other officer authorized by him shall inspect all jails in the State at least once in a year.
(2) This allotment shall also be done by the Head of Directorate in advance by 15th of January every year.
CHAPTER XXVI CUSTODIAL MANAGEMENT
631. Restrictions, reforms and rehabilitation.- (1) Secure custody of inmates shall be the primary responsibility of the prison and the overall objective of reform and rehabilitation has to be pursued within the framework of custody.
(2) Further, prison custody implies certain restrictions on the basic rights of prisoners as human beings under the process of incarceration that prisoners are required to undergo.
632. Security and Custody.- Norms in respect of security and custody in prisons are given as under:-
(i) Security measures shall be adopted in accordance with the specific requirements of each prison,
(ii) Demarcation of an 'out-of bound' area as a sterile zone around every prison premises shall be 70 mtrs,
(iii) Secure walls, building gates, barracks, cell, hospital areas and other places, daily inspection of the same and proper maintenance of prison buildings and premises,
(iv) A system of good lighting inside and around the prison,
(v) A system of thorough searches of all incoming and outgoing prisoners, articles and vehicles. Daily searches and periodical surprise searches of all prison sections and equipment,
(vi) A central-point monitoring for the control of the movement of prisoners,
(vii) A thorough system of the control of prohibited articles
(viii) A thorough system of counting prisoners,
(ix) A system of custody and control and inspection of locks, keys, handcuffs and other security equipment, maintenance and service of all security equipment,
(x) A system of custody, control, inspection and counting of tools and equipment,
(xi) A system of accident prevention and of meeting requirements during emergencies such as escapes, riots, assaults and fires,
(xii) A system of fire arms control, quarter guard, magazine and weaponry practice,
(xiii) Adequate guarding and security measures by adopting proper norms for staff and equipment, and periodical testing and inspection thereof, by executive personnel,
(xiv) Effective system of censoring prisoners' mail and checking of interviews,
(xv) Utilization of local intelligence branches wherever necessary and maintaining an intelligence system to collect information within the prison,
(xvi) Installation of close circuit television system and other electronic gadgets to effectively monitor and maintain a close watch for any breach of security inside the prisons,
(xvii) Watch towers, wherever necessary, to watch inside and outside of the prison, to be constructed and searchlights and binoculars made available,
(xviii) A system of thorough search for unearthing explosives and narcotic substances among prisoners, भाग 4 (ग) राजस्ााू राज-पत्र दिसम् बर 12 2022 632
(xix) Effective communication system and intercoms to be established within the prison and also from one prison to another,
(xx) Constructing a second security wall in every prison, making the prison building as inaccessible an area to the general public as possible, and also to avoid trespassing also,
(xxi) A good road inside and outside the main walls for better patrolling,
(xxii) A modern interview room with sound absorption to ensure smooth conversation and human dignity, without overlooking the security,
(xxiii) Effective segregation of prisoners on the basis of security requirements,
(xxiv) Installation of high pitch sirens to alert prison staff, public and nearby police stations about any untoward happening,
(xxv) Untrained personnel not be posted inside the prison, under any circumstances for guarding purposes, and
(xxvi) Electronic gadgets shall be used for enhancing guarding duty.
633. Guarding Establishment.- (1) There shall be a guarding establishment in every prison, responsible for the guarding of prisoners, prison premises, gate and carrying out any other duties which may be assigned to them.
(2) The guarding establishment shall include the warder performing their duties in rotation.
634. Reserve Guard.- (1) The Reserve Guard shall be divided into two groups used on alternate days to handle any emergency in the prison, they shall be kept on alert with facilities for fast movement and the Reserve Guard shall be used for its specified duties only.
(2) As far as possible, the Reserve Guard shall be selected from young warders and they shall act as Quick Reaction Team.
635. Command of Reserve Guard.- The Reserve Guard shall always be commanded by an officer during day and night.
636. Arms and Ammunition of Reserve Guard.- Personnel in the Reserve Guard shall carry the required modern weapons like pistols, carbines, self loading rifle (S.L.R.), pump action guns and authorized quality of rubber bullets, plastic bullets and live ammunition so that these can be used in emergencies.
637. Training and Alertness of Reserve Guard.- The Superintendent shall personally satisfy himself that the Reserve Guard is properly trained, equipped and alert all the time. When the Reserve Guard is detailed, each man under him shall carry the authorized ammunition.
638. Handling of Arms and Ammunition by Reserve Guards.- When one set of the guard is relieved, all arms and ammunition shall be handed over to the relieving guards. The Reserve Head Warder (Reserve Guard) in command shall be responsible for the correct handing over of arms and ammunition.
639. Number and tenure of Reserve Guard.- (1) In all Jails, there shall be reserve warder guard in accordance with the following scale :— Head Warders Warders Central Jails 02 20 District Jails and Special Jails 01 10 Sub-Jails 01 05
(2) The warders of the reserve guard shall be men or women specially selected for their efficiency in drill and in the use of fire-arms.
(3) The tenure of warder in a reserve guard shall be for a period of six month.
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(4) The reserve guard shall also perform guarding duty at outside hospital in case of emergency or bare necessity.
640. Readiness of Reserve Guard.- The reserve guard shall be ready at all time at a movement’s notice to turn out fully armed and equipped, should their services be required to quell any outbreak or to prevent any combined attempt to escape and the men shall be armed with .303 rifle or any advance version rifles.
641. Permission to Reserve Guard for leave Jail Premises.- (1) The Jailor as well as the reserve Head Warder shall be held responsible for seeing that the number of Warder in the reserve available for immediate action is never less than the number fixed in foregoing rule.
(2) In the event of permission being given to leave the Jail premises or of leave of absence being granted to any of the reserve guard, the Jailor shall arrange to provide substitutes from the general body of warders, and whilst these substitutes serve on the reserve guard, they shall strictly comply in every respect with the rules for the reserve.
642. Officer in charge of Reserve Guard.- Reserve guards shall be under the charge of a Head Warder, who shall be a thoroughly efficient in drill as would be selected by the Superintendent.
643. Additional duties of Reserve Guard.- In addition to the duties elsewhere prescribed in these Rules, it shall be the duty of the reserve Head Warder to,-
(i) make all necessary arrangements subject to the authority of the Jailor and Superintendent for the safety of the jail and the safe custody of the prisoners;
(ii) arrange and detail men for the several watches, pickets and warders;
(iii) have charge of the armory and contents thereof, and to be responsible that the regulations relating thereto and to the care, custody, cleanliness and readiness for immediate use of all arms, etc. are strictly complied with;
(iv) keep an account of ammunition to stock received and expended;
(v) maintain the efficiency of the warder guard;
(vi) drill all warders once every week day giving each warder at least half an hour’s drill;
(vii) report every warder who absents himself from drill;
(viii) give effect to any punishment drill ordered by the Superintendent;
(ix) see that no warder absents himself from the jail premises without due authority and to report every warder who offends in this respect, stating the period of absence;
(x) see that all warders when on duty are always properly dressed, and to report every man who is not so, also to see that rules are strictly complied with;
(xi) see that the guard-room is kept clean and neat, and the beds properly arranged, and that the lights supplied for it are kept burning and that any defect is at once reported to the Jailor; and
(xii) satisfy himself that every warder knows and understands the orders for his post.
644. Armory, Arms and Ammunition.- (1) A special room near the main gate shall be set apart for storing the arms and ammunition and the room shall be furnished with suitable steel or wooden racks for keeping the firearms and ammunitions and pegs to hang accoutrements on.
(2) The room shall be strong with one reinforced steel door opening inside the administrative block.
645. Locks and Keys of Armories.- (1) There shall be two locks on the armory and in order to diminish the possibility of improper access to the armory, each duplicate key shall be enclosed in a cover of stout cloth, sealed in such a way that the key cannot be used without breaking the seal.
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(2) In all jails, both keys in use shall be kept by the reserve Head Warder by day and by night one shall be kept by him and the other by the Jailor. Both duplicates shall be kept by the gate sentry by day and night.
(3) In all Sub- Jails both keys in use shall be kept by the Head Warder by day and by the Jailor by night.
(4) The duplicates shall be kept by the gate sentry by day and locked in the jail safe by night.
646. Salutes by Armed Guards.- Guards and sentries shall necessarily salute to the persons mentioned in column (1) of the table below in the manner mentioned in column (2) thereof:
TABLE Person Manner of salute
(1) (2) Director General of Prisons Inspector General of Prisons, Deputy Inspector General of Prisons, Superintendent By presenting arms All other gazette officers, official visitors, Jailor By sloping arms and placing the right hand smartly on the butt, fingers extended.
Deputy Jailor By coming to in attention with ordered arms.
Explanation: The Reserve Head Warder will always bring it to the notice of the Jailor, any failure on the part of the sentry to comply with this rule.
647. Morning and Evening Muster of Reserve Guard.- (1) Before the prison is unlocked in the morning the Reserve Guard and warders whose duties for the day have not been fixed shall be mustered under arms outside the main gate, and the Reserve Head Warder shall at once post the day sentries.
(2) The guard shall be drilled and afterwards shall remain under arms till the entire team is marched out and dismissed to the guardroom.
(3) The Reserve Guard shall again be under arms from the hour fixed for the cessation of work till the prisoners are locked up for the night.
648. Turnout with arms after sunset.- As a rule, the guard shall not be turned out under arms for saluting purposes after sunset.
649. General guarding duties.- (1) The general guarding shall be undertaken by the warder establishment.
(2) They shall carry on the internal and external guarding of the prison, the supervision of the prisoners during labour hours as well as the work of guarding and maintaining security of wards, blocks, workshops, tools and plants and other government properties, posts and tower.
650. Guarding Requirements.- The charter of functions of the guarding staff shall the following:-
(i) The sentry or guard shall on no account quit his post without being relieved and In case he finds himself incapacitated due to sudden illness or any other reason to perform his duties, he shall send an intimation to the officer in charge who shall make necessary arrangements.
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(ii) No sentry or guard while on duty shall take off his uniform provided that this is not applicable while taking meals or resting.
(iii) Guards and sentries shall be made to understand their duties and responsibilities and they shall not hold any communication with any prisoner, unless it is required as a part of his official duty.
(iv) The officers and the guard shall strictly be prohibited to bring anything from outside the prison to any prisoner and from receiving anything from a prisoner to be conveyed outside the prison.
(v) In case any prisoner attempts to escape, the guard shall at once raise an alarm and shall also prevent damage to Government property.
(vi) All guarding personnel, being part of essential services, shall be deemed to be on duty round the clock and shall not to be allowed to leave the premises without permission of the competent authority.
(vii) The Reserve Head Warder and Head Warder shall maintain a daily report book in which they shall record all important events and reports of disposals or incorporation to be shown for appropriate action.
651. Reserve guard duty on visit of visitors.- The reserve guard shall be inspected daily by the Superintendent of the jail, and on his arrival at the jail shall turn out in full uniform, properly equipped, and shall present arms.
652. Report by Head Warder on Reserve Guards.- On the arrival daily of the Superintendent at the jail gate, the reserve Head Warder shall present himself and make reports on the following points, namely:- (i ) Whether during the preceding 24 hours the reserve guard was at any time below its full strength and if it was, the cause;
(ii) Whether any visiting officer of the jail visited the jail at night, and any other matter of importance reported to him during the night;
(iii) Whether the arms and ammunition in pouches are ready for immediate use; and
(iv) Any irregularities or misconduct committed by warders and warders absent without leave.
653. Reserve guard escort for Visitors.- The reserve guard shall furnish escorts for visitors as prescribed in these rules and during this period another warder in some position in the jail preferably at the top of the jail, from which he can command a view of the interior of the jail and shall have access to a bell or signal by means of which he can raise an alarm and call out the rest of the reserve guard shall be furnished.
654. Gate Sentry.- Out of the reserve guard in every jail, one guard shall furnish duty of sentry at the main gate both by day and by night, the turn of duty may be of two or three hours according to the number of men available and the day sentry at the main gate shall be posted immediately outside the iron barred gate, and shall carry 0.303 rifle or any advance version rifle with bayonet fixed.
655. Night Sentry.- (1) The night sentry at the main gate shall be posted between the gates as a precaution against surprise either from within or without, and he shall keep the key of the second lock on the inner gate wicket as well as those of the outer gate in his possession.
(2) He shall not permit any person to enter or leave the jail until he has satisfied himself by examination with his torch light or Emergency light that the person is an official duly authorized to visit or leave the jail at night, and he shall not permit any warder to enter or leave the jail except in company with the Head Warder on duty.
(3) The officers authorized to visit the jail at night are the Superintendent, Magistrate, and official visitors, Jailor, Deputy Jailor, Head Warders on duty, and the patrolling warders in charge of the Head Warders, also the Medical Officer and his subordinates.
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(4) He shall not loudly challenge any person presenting himself at the main gate, or give notice to the Head Warder or warders within, of the approach of any visiting officer, being posted behind a barred gate he can ascertain in safety whether the person has any business at the jail or not, a duplicate key of the inner gate wicket shall be kept by the Head Warder in charge of the reserve guard for the use of any inspecting officer at night.
656. Night Sentry report to Head Warder.- The night sentry shall inform the Head Warder on duty whenever any officer of the jail visits the jail at night, or of any unusual occurrence of importance during his time of sentry duty, and the Head Warder shall report the fact to the reserve Head Warder for the information of the Superintendent next morning when making his duty report.
657. Arms and Ammunition of Gate Sentry.- (1) The gate sentry shall be provided with a .303 rifle or any advance version rifle and twenty rounds of ammunition.
(2) In the event of an outbreak or alarm he shall sound the alarm and defend the gates and he shall be furnished with a duplicate key of the armoury.
658. Duties of Gate Sentry.- The ordinary duties of a sentry shall be;-
(i) to mount guard with fixed bayonet, move briskly on his post with his musket at “the slope” and not “order arms” nor “stand at ease” for more than fifteen minutes in every two hours;
(ii) not to enter into conversation with anyone except when question by a superior officer;
(iii) not to interfere unnecessarily with any prisoner or jail officer;
(iv) not to leave his post without regular relief upon any pretence whatever;
(v) not to allow any person to approach near his post after dark without challenging;
(vi) in challenging after dark to warn the person challenged, if the reply is unsatisfactory to stand until the Head Warder in charge arrives, bringing his rifle at the same time to “the engage”;
(vii) in challenging on a dark night, on hearing voices of the approach of footsteps, if he receives no answer or an unsatisfactory answer, to call the Head Warder in charge or, if necessary, give the alarm;
(viii) not to allow persons to crowd round him;
(ix) if he sees a prisoner attempting to escape, to call on him to stand, and if he refuses to do so and there is no superior officer present to fire on the prisoner provided he cannot otherwise prevent the escape;
(x) if he is beyond call and has to alarm the guard, to fire a shot in the air as the signal of alarm;
(xi) if he sees any article in or near the jail likely to facilitate escape or if any unusual incident comes under his observation, to at once report the matter to the Head Warder in charge; and
(xii) to enforce his orders firmly and without distinction of persons.
659. Maintenance of Duty Roster.- (1) Duty Roster shall be maintained in each prison and the Reserve Head Warder shall be responsible for the proper maintenance of this register.
(2) The register shall contain all the names of guards on duty with their hours of duty and their signature for having understood the duty hours.
(3) The register shall be sent to the Superintendent through the Jailor every day for checking and getting his signature.
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660. Surprise visit.- (1) It shall be the responsibility of the Reserve Head Warder and the Jailor to ensure that the warders stick to their post according to the Duty Roster and any violation in this regard shall be immediately brought to the notice of the Superintendent.
(2) The Superintendent shall also verify this during his surprise visits to different parts during day and night and care shall be taken that the night duty is allotted in rotation.
661. Scale of arms and ammunitions.- (1) Each prison shall hold sufficient number and type of arms and ammunition required to ensure the safety and security of the prison and the Superintendent, Jailor and Deputy Jailor may use a 9mm pistol or revolver as personal weapon for self protection where necessary.
(2) Each prison may also be provided with such self-loading rifles (SLR) rifles with ammunition as maybe decided by the Head of Directorate of Prisons for security purpose in case of emergencies.
(3) The scale of arms and ammunitions for each prison shall be decided by the Head of Directorate of Prisons. Practice ammunition shall be provided, so as to put all prison staff through annual firing practice.
(4) The warders or officers of reserve guard shall also be provided with bayonet scabbard and frog and a belt with two ammunition pouches with not less than five rounds of blank ammunition.
(5) Each prison may stock sufficient number of lathies, batons, helmets, body protectors, bullet-proof jackets, tear gas shells and modified self-loading rifle (SLR) rifles to fire rubber or plastic bullets as considered necessary to enforce order within prison premises in case of a prison riot.
(6) Due to up-gradation of technology in arms and ammunitions and other reasons the Inspector General with the approval of State Government, may make suitable changes in provisions of arms and ammunitions mentioned above.
662. Stock list of arms to be sent to Inspector General every year.- (1) Every quarter, a list of the arms ammunition and accoutrements in stock with remarks as to their condition shall be submitted by the Deputy Inspector General of Prisons for the information of the Inspector General and the stock Register shall be maintained in the specified Form.
(2) The fortnight Return on Arms and Ammunitions shall be sent to Inspector General of Prisons in the specified Form.
663. Supply of ammunitions.- (1) The Head of Directorate of Prisons shall in consultation with the State Government make appropriate arrangement for procurement of the arms and ammunition required for the security of the prison and for maintenance and repair of the same.
(2) All repairs or alternations of small arms shall be carried out by armourers of the Deputy Inspector General of Prisons during their inspection of arms.
664. Armoury to be kept clean, secure and organized.- (1) The armoury shall be at all times be kept scrupulously clean a brush or broom shall be kept in armoury for cleaning it out on each occasion it is opened for the receipt, delivery or inspection of the stores.
(2) All arms and ammunitions shall have a special place assigned to it in the arms rack, and bearing the same number. Ammunition shall be securely locked up in boxes and the key kept by the Reserve Head Warder in charge of the armoury and the second set of keys of the boxes shall remain with the Jailor.
(3) The bayonets and ammunition pouches shall be slung on the belts and together with the firearms to which they belong shall, when not in use, be kept properly each in its special place in the armoury ready for immediate use.
(4) The firearms of the reserve guards shall during the day be kept in a rack in the reserve guard-room with the bayonet and ammunition pouches on the belts ready for immediate use.
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(5) Empty boxes or loose packing materials shall not be kept in the armoury, boxes containing ammunition or arms shall not be thrown down or dragged along the floor, empty paper cartridge cases shall be burnt in the presence of the Superintendent, whereas empty cartridge case shall be returned to the arsenal, Superintendent shall mandatorily cause every package to be most carefully examined before their dispatch to the Arsenal and when returning arms, ammunition, of empty cases to the Arsenal, the following procedure shall be observed, namely:-
(a) The articles shall be packed securely in a strong box;
(b) Each box shall be clearly sealed, the seal being countersunk to avoid being broken in transit;
(c) The gross weight shall be marked on each box;
(d) The address of the Arsenal shall be clearly marked on each box;
(e) The name of the prison of despatch shall be marked on each box;
(f) The voucher number shall be marked on each box;
(g) A packing note shall be enclosed in each box;
(h) The voucher number shall be entered on the railway receipt or bill of taking;
(i) A facsimile of the seals used shall be furnished to the Arsenal except when boxes with the original seal of the Arsenal intact are despatched;
(j) Two delivery and two receipt vouchers shall be furnished; and
(k) A letter of advice enclosing the railway receipt (freight prepared), facsimile of seals and the four vouchers shall be forwarded.
(6) No fire or smoking shall be allowed inside the armoury and the armoury shall not store any explosive.
665. Firearms to be numbered and placed in-charge of an officer.- (1) Every firearm shall be numbered and the Head Warder in charge of the Armoury shall maintain a record of the receipt and issuance of arms and ammunition.
(2) The receipts and issues shall be entered in order of date as they occur and shall be balanced every month. All receipts and issues shall be initialed by the in-charge of the armoury and the Superintendent.
(3) The officers who have been issued arms and accoutrements shall be held responsible for keeping such arms and accoutrements clean and in good serviceable condition.
666. Inspection of arms, accoutrements and ammunition.- (1) All arms accoutrements and such ammunition taken out for regular use shall be inspected daily by the Reserve Head Warder in-charge of the armoury and weekly by the Superintendent and Jailor to ensure that they are kept clean, in good order, properly arranged and in the serviceable condition.
(2) If service ammunition shows signs of deterioration, it shall be used as practice ammunition.
(3) The Superintendent shall submit a detailed explanation of the loss of every metal cartridge to Inspector General of Prisons.
667. Training to the prison officer on the use of arms.- (1) Every Jailor, Deputy Jailor, Head Warder, and Warder shall undergo a thorough training in squad drill and in the use of the arms provided for them and they shall be also put through a course of weapon training and firing practice once a year.
(2) Warders shall be drilled at the prison by the Reserve Head Warder for half an hour once every week day in the morning or evening and all officers shall also be put through 639 राजस्ााू राज-पत्र दिसम् बर 12 2022 भाग 4 (ग) a course of target practice, if necessary, at the police range, so that they may be able to use arms, with precision and confidence.
(3) The course of ball practice at the range, as far as possible, be the same as that followed by the Police and it shall be fully understood by all officers that no leave, except leave on medical certificate shall be granted to any subordinate officer until he or she has qualified him or herself in drill.
668. Weekly arms parade.- (1) The Superintendent shall hold a weekly parade at which the reserve guard and the whole warder staff not on duty, together with their Head Warders and superior officers, shall be inspected by, and drilled before the Superintendent.
(2) Practice with blank cartridge shall ordinarily take place at these inspections, at least once a month and the Superintendent shall take this opportunity of testing by examination or re-examination the efficiency of individual officers, and shall record the results of this examination on the officer’s service record.
(3) At these parades, the Superintendent shall make a close examination of the arms and accoutrements and satisfy himself that the weapons issued are kept clean and in good order and the officers are clean in their persons and clothing.
669. Firearms not to be taken inside the prison.- (1) Firearms shall only be taken inside the prison at alarm parades or under the order of the Superintendent or Jailor in time of emergency.
(2) Lathi or cane batons may be issued to warders and Head Warders on duty if the security situation demands the same.
(3) Contravention of this rule by any officer or warder shall render him or her liable to punishment.
670. Custody of Arms.- (1) The concerned Reserve Head Warder shall be responsible to make sure that arms are never left within the reach of prisoners.
(2) All necessary arms when not in use shall be kept in the guardroom.
(3) The approach to the guard room shall be from outside the main gate.
671. Custody of Articles Facilitating Escape.- (1) Officers and Guarding staff shall be responsible to ensure that no ladders, planks, bamboos and ropes, which are likely to facilitate escape, are left lying about and if such materials are to be taken inside for use they shall be properly escorted and shall be sent out of the prison after use.
(2) Every warder in charge of a workshop will be responsible to see that all such articles are properly secured and put away when work ceases and give a certificate to that effect in the lockup register daily.
672. Use of Weapons Against Prisoners.- The following rules regulate the use of arms against any prisoners or body of prisoners in the case of an outbreak or attempt to escape, namely:-
(a) Any officer of the prison may use a bayonet, firearm or any other weapon against any prisoner escaping or attempting to escape; provided that resort shall not be had to the use of such weapon unless such officer has reasonable ground to believe that he cannot otherwise prevent the escape.
(b) Any officer of the prison may use a bayonet, firearm or any other weapon on any prisoner engaged in any combined outbreak or any attempt to force or break open the outer gate or enclosure wall of the prison, and may continue to sue such weapon so long as such combined outbreak or attempt is being actually prosecuted.
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(c) Any officer of the prison may use a bayonet, firearm or any other weapon against any prisoner using violence to any officer of the prison or other person, if such officer has reasonable grounds to believe that the officer of the prison or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.
(d) Before using firearms against a prisoner under the authority conveyed in clause (b), the officer of the prison shall give a warning to the prisoner that he is about to fire on him.
(e) No officer of the prison shall in the presence of his superior officer, use arms of any sort against a prisoner in the case of an outbreak or attempt to escape, except under the orders of such superior officer.
673. Transport of arms and ammunition.- (1) All consignments of arms and ammunition sent by any means of transport shall be put in sealed boxes and escorted by an appropriate armed guard.
(2) It shall be the duty of the escort to guard the arms and ammunition against any contingency.
(3) When the arms of the Prison Department are to be dispatched to stations outside the State for repairs they shall be entrusted to the Police Department.
(4) A police party shall escort these arms along with the arms of the Police Department, if any and when there are no arms of the Police Department to be escorted and a police party has to be provided exclusively for escorting the arms of the Prison Department, the expenditure incurred in connection with the journey of the escort shall be borne by the Directorate of Prisons.