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Section 2: Dofinitlons

The West Bengal Prisoners Welfare Fund Rules, 2008State Rules of West Bengal · 1992

(!) lit eee Rules, unless the context otherwise requires,-

(a) “Act” means the West Bengal Correctional Services Act, 1992:

(6) “Central Executive Committee” means a committee constituted under sub-rule (1) of rule 7 {¢) “Circle Executive Committee" means a committee constituted under rule 10;

(d) “Correctional Home” means any place used permanently or temporarily under the orders of the state government for detention of persons. whether under-trial or convicted, in accordance with any order for confinement under any law providing for preventive detention or any other law for the time being in force, but does not include a place for the confinement of a person under the custody of the police:

(e) "Fund" means the West Bengal Prisoners’ Welfare Fund constituted under rule 3:

> THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2008 [PART I —— el

(f) “Prisoner” means a person confined ina correctional home under a writ, order or warrant made by a court or authority under any law for the lime being in force,

(g) “Section” means a section of the Act,

(h) “State Government” means the Government of West Bengal in the Department of Jails

(2) Words and expressions used and not defined in these Rules but defined in the Act shall have the same meanings respectively assigned to them in the Act.

Constitution of the Fund.- With effect from the coming into force of these Rules, there shall be constituted a Fund by the name of the West Bengal Prisoners’ Welfare Fund in the Office of the Inspector General of Correctional Services, West Bengal.

Objectives of the Fund.- The Fund is constituted with the sole objective of

(a) Providing scope of corrections fo the Prisoners in the correctional homes by means of differant socio cultural, educational and vocational activities;

(b) Providing financial support to the Prisoners in the correctional homes for availing of treatment facilities and other pathological clinical olher tests/examinations when not expeditiously possible under normal Government support;

(c) Providing educational opportunities lo the children of the Prisoners back home/ accompanying their parents in the conectional homes:

(d) Providing financial support to the families of the Prisoners for sustenance and other emergent requirements on the basis of a realistic assessment of the financial status of the families;

le Providing post-release support to the Prisoners for their rehabilitation into the mainstream society by way of providing tools and equipments for taking up a profession or calling, implementation of schames for productive pursuit, Procedure for contribution to the Fund,- Any person or organization including corporate houses intending to contribute to the Fund may apply to the Inspector General of Correctional Services, as Chairperson of the Central Executive Committee, in writing.

The Chairperson shall obtain written clearance from the State Government and approve of the contributian, The contribution shall be made through account payee cheque / draft in the name of the West Bengal Prisoners’ Welfare Fund provided that for contribution from the State Government, Central Government, State Government Undertakings and Central Government Undertakings, no such approval from {he State Government shall be required.

Utilization of the fund: The Fund shall be utilized for the following purposes:

(a) Providing post release support to the Prisoners for their rehabilitation into the mainstream society by way of providing tools and equipments for taking up a profession or calling, implementation of schemes for productive pursuit elc.;

(b) meeting expenses in connection with pursuit of different courses by the Prisoners, including tuition fees, examination fees for higher studies and grant for purchase of books and stalioneries;

(c) providing support to the families of the Prisoners, back home for subsistence in case of abject poverty and for meeting emergent expenses for marriages, treatment etc.;

(d) for providing support to the children and other dependents of the Prisoners by way of scholarship, financial support for pursuing studies including cost of tuition, examination fees, hostel charges etc.;

THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2008 = [PART | 3

(e) payment of rewards to the Prisoners for exceptional performance in the cultural or social sphere and! or on issues having positive effect on discipline in the correctional homes.

Provided that support to the Prisoners and/or the families under (a) to (e) mentioned above will primarily be extended to the Prisoners who have been convicted by a Court of Law and are undergoing sentences. The Central Executive Committee, however, will have ihe discretion to extend the support to exceptionally deserving Prisoners under trial who have been incarcerated in the correctional homers for more than a year and are likely to continue for further period;

() for organizing various collective welfare, sports, cultural and recreational activities in different comectional homes in the state. Such activities will be aiming al achieving educational, social, cultural advancement of the Prisoners for their integration into the mainstream society, both during their stay in the correctional homes and thereafter;

(9) for organizing different vocational training courses for the Prisoners in the correctional homes aiming al vocational advancement of the Prisoners for their integration into the mainstream society, both during their stay in the correctional homes and thereafter;

(h) for purchase of equipments and tools for promotion of sports and cultural activities in the correctional homes;

(i) for observance of various days of national and international importance including the days eanmarked for some specific social campaigns;

(j) for celebration of various religious and other ceremonies within the correctional homes, with specific permission from the authority;

(k) for publication of newsletters, magazines, journals, books written by the Prisoners and/ or with written contribution fram the Prisoners;

(I) for purchase of books for the Library for the Prisoners in the correctional homes;

(m) for organizing special sessions in the correctional homes for prevention of drug abuse, substance abuse, counseling on HIV & AIDS and other sexually transmitted diseases:

Provided that the activities mentioned in sub clauses (f) to (m) being collective in nature, the services envisaged in the said clauses shall be extended to all the Prisoners in the correctional homes irrespective of their Slatus a6 convicts/ under trials! released prisoners.

Management, control and superintendence of the Fund.-

(1) For the Management, control and superintendence of the Fund there shall be constituted a Central Executive Commitee comprising of the following members:

{a) Inspector General of Correctional Service - Chairperson

(b) Two representatives of the Department of Jails, Government of West Bengal to be nominated by the Departmental Secretary - Members

(c) An Officer from the Audit & Accounts Service to be nominated by the Finance Department, Government of West Bengal- Member

(d) An Additional Inspector General of Correctional Services, West Bengal to be nominated by the IGCS - Member

(e) A Deputy Inspector General of Correctional Services, West Bongal to be nominated by the IGCs - Member-Secretary () Superintendents of all the Central Correctional Homes of the State and Presidency Correctional Home - Member

(9) Superintendent of one of the Women Correctional Homes to be nominated by the "SCS - Member

(h) One representative each from 2 renowned Non Government Organizations working in the correctional homes in the state to be nominated by the Stale Government - = Member 4] THE KOLKATA GAZETTE, EXTRAORDINARY, DECEMBER 18, 2008 [PART I (2 (3 (4 ) No expenditure out of the Fund shall be made without express authority of the Chairperson of the Central Executive Committee, Le., the Inspector General of Correctional Services, West Bengal. The Chairperson shall have the authority to sanction expenditure for individual wellare of the Prisoners or for collective purposes. Any such sanction, however, shall be placed in the meeting of the Central Executive Committee for ratification.

A separate Bank account in any branch of the State Bank of India or any other Nationalized Bank shall be opened for management of the Fund. The account shall be jointly operated by ihe Chairperson and the Member Secretary.

) At the Circle level, advances shall be given to the Chairpersons of the six Circle Executive Committees —

(5) Separate Cash Book shall be maintained for keeping accounts of the Fund and the accounts shall be:

(6

8.

(l (2 (3

9.

completely separated from the Government accounts maintained by the Office of the Inspector Genera!

of Correctional Services.

) The accounts of the Fund shall be audited every year by competent Audit Officers of the Government of West Bengal.

Meetings of the Central Executive Committee.- ) The Central Executive Committee shall have quarterly meetings, frequency of which may further be increased by the Chairperson if deemed necessary.

) The Chairperson shall be authorized to convene emergent meetings of the Central Executive Commities as and when exigency arises.

) In the meetings of the Central Executive Committee, a simple majority of the members will fonm quorum.

Functions of the Central Executive Committee.- The Central Executive Committee shall {a} frame broad guidelines for utilization of the Fund:

(b) prepare annual activity calendars:

(c) sanction proposals received from the correctional homes for support to Prisoners / families, after due scrutiny and consideration. Such proposals will have to be placed by the Mamber- Secretary with prior approval of the Chairperson;

(d) sanction proposals received from the Member-Secretary for expenses towards collective aclivities for the welfare of the Prisoners, after due scrutiny and consideration, Such proposals will have to be placed by the Member-Secretary with prior approval of the Chairperson;

(ce) decide on allocation of advances to the Circle Executive Committee for mecting emergent expenses for ihe welfare activities, both at individual and collective levels;

(f) approve fund raising proposals to be submitted to the Government- both in the State and at the Centre) UN Organizations! International and other NGOs;

(2) have the authority for general superintendence and control of the Fund

10. Constitution of the Circle Executive Committee-- There shall be constituted a Circle Executive Committee comprising of the following members:

(a) The Superintendent, Central Correctional Home- Chairperson

(b) The Deputy Superintendent! Senior-most Chief Controller in ihe Central Correctional Home- Member- Secretary

(c) One Medical Officer to be nominated by the IGCS- Member

(d) One Welfare Officer to be nominated by the GCS - Member

(c) One Chief Head Warder to be nominated by the IGCS- Member

(f) Accounts Officer Head Clerk of the concerned central correctional home- Treasurer

(g) Representative of one reputed NGO working in the correctional homes in the Circle to be nominated by the IGCS- Member

(h) Two convict Prisoners from the central correctional home to be nominated by the lGCS- Members 5] THE KOLKATA GAZETTE, EXTRAORDINARY, | DECEMBER 18, 2008 tere ee _ — ae i i i tion and the tenure of a member selected for be tioned against (¢) to (h) above shall be nominated on rota’ veeranaen anes be pp year with the provision of extension by another year. There shall be compulsory change after two years of tenure of a member so nominated in the Committee.

i i i {have undergone at least one year of

Provided that to be eligible for nomination under (h) above, the convicts mus imprisonment with an good record as on the date ef nomination and with at least one more year of prison term to undergo.

11.

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Where this provision sits

ActThe West Bengal Prisoners Welfare Fund Rules, 2008
Section2
Marginal noteDofinitlons
JurisdictionState of West Bengal
StatusIn force as published by the source

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