NCT Delhi - Act
Delhi Prisons (Transfer of Prisoner, Labour and Jail Industry, Food, Clothings and Sanitation) Rules, 1988
DELHI
India
India
Delhi Prisons (Transfer of Prisoner, Labour and Jail Industry, Food, Clothings and Sanitation) Rules, 1988
Rule DELHI-PRISONS-TRANSFER-OF-PRISONER-LABOUR-AND-JAIL-INDUSTRY-FOOD-CLOTHINGS-AND-SANITATION-RULES-1988 of 1988
- Published on 18 April 1988
- Commenced on 18 April 1988
- [This is the version of this document from 18 April 1988.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Circumstances of removal.
- Prisoners may be removed from one prison to another prison inside Delhi for the following reasons that is to say :3. Superintendent to remove prisoners with sanction.
4. Removal of certain prisoners to Special Prison or Prisons where habitual offenders are confined.
- If in the opinion of the Superintendent any prisoner is of so desperate and vicious a character as to exercise an evil influence on other, prisoners the Superintendent shall refer the cases of removal of such prisoners to the Inspector General for his orders.5. Removal on medical grounds.
- Where the Medical Officer is of the opinion that the removal of a sick prisoner to another prison is absolutely necessary to save his life and if such removal is likely to lead to his recovery, he shall submit a brief statement of the case to the Superintendent.6. Removal of prisoners sentenced to solitary confinement.
- Prisoners sentenced to solitary confinement shall not be removed to prisons where there are no solitary cells.7. Removal of convict officers.
- No convict officers of any grade shall be removed to another prison without the sanction of the Inspector General.8. Restrictions on manner of removal of prisoners.
- Prisoners shall not, as far as possible. be removed on Sundays and gazetted holidays or before the lock up of the prison.9. District Magistrate and District Superintendent of Police or Commissioner of Police, Delhi to be informed of certain removals before hand.
- Where the removal of any prisoner is likely to attract public attention, the Superintendent shall send an advance intimation of such removal to the Commissioner of Police.10. Procedure before removal.
11. Details about prisoners to be supplied before band to Police.
- Full details of the following classes of prisoners shall always be supplied before hand to the Police by the Superintendent of the removing prison :-12. Transfer of prisoner from one State to another (Transferor Prisoners Act 1950) (Act 29 of 1950).
13. Convict to be transferred to undergo sentence.
- Superintendent may initiate removal of the following classes of convicts through the Inspector General to be transferred to the prison of another State/Union territory.14. Procedure when a convict is unfit to travel.
- Any convict who, by reason of illness, is not in a fit condition to travel the time he would ordinarily be transferred for release but who subsequently becomes fit to travel, in time to allow him to reach his destination before his sentence expires, shall be transferred when he becomes fit to travel.15. Prisoners not ordinarily to be transferred.
16. Document etc. to be sent with a prisoner.
- The following documents shall be sent with each prisoner transferred :-17. Action when a transfer order cannot be carried out.
- When an order received for the transfer of any convict cannot be given effect to owing to illness, release on appeal or other cause, the descriptive roll of the convict on which sanction to the transfer was conveyed, shall be returned to the Inspector General with an' endorsement showing the reasons why the order was not given effect to.18. Jail official to accompany prisoners.
19. Notice of intended dispatch to be sent to Police.
- Notice of the intended transfer of prisoners or the production of prisoners before a court shall be given in writing to the Police authorities at least 95 hours before the guard is required. Earlier intimation should be given whenever possible. Requisitions for a Police guard should state the number and class of "prisoners to be guarded, male or female, and whether there are any violent or dangerous character amongst them.20. Scale of Police escort for prisoners.
- The scale of police escort (Or prisoners will be detailed by the Commissioner of Police.21. Convicts to be handcuffed before removal.
- Male prisoners under sentence for an offence, shall be handcuffed, before being removed from jail at the discretion of the Command-in-officer of police guards.22. Diet of prisoners removed from jail.
23. Money advance for road expenses.
- A sum of the money sufficient to meet all expenses together with a warrant credit note for the fares required if the journey is to be performed by rail, shall be made over to the warder in charge or the officer in charge of the escort, as the case may be, by the Superintendent of the dispatching jail.24. Different kinds of conveyance by rail.
25. Notice to Railway authoritiesClass of train.
26. Adjustment of expense.
27. Prisoners to be searched before transferReceipt to be taken.
27.
-A. Classes to be kept separate on transfer.-Female prisoners shall, when on transfer, be kept completely apart from male prisoners and the youthful males from adult males. Further separation of the various classes should be carried out as far as practicable.28. Telegram to be sent on the dispatch of prisoner.
- Immediately on the departure of prisoners, the Superintendent shall send a telegram to the Superintendent of the Jail to which they are proceeding, accounting the number of prisoners and the date and hour of their dispatch.29. Time of arrival of prisoners.
- As far as practicable, prisoners should be dispatched so as to reach the jail to which they are being transferred between the hours of opening the wards in the morning and lock up. As far as possible, their dispatch should be timed so that they shall not arrive on a Sunday.30. Duties of the warder or Police officer in-charge of prisoner.
- The presence of a warder with prisoners on transfer in no degree affects the responsibility of the Police officer charged with their escort and safe custody. The duties of the warder shall be:-31. Documents etc. to be examined.
- On the arrival of prisoners at their destination all documents shall be carefully examined, the list of property, both Government and private, compared with the property. actually received and the necessary receipts furnished.32. Illness of a prisoner on transferUltimate disposal.
- When a prisoner on transfer becomes so ill as to be unable to complete the journey, he should be left at the nearest police station and taken, when sufficiently well to be moved, to the nearest jail or subsidiary jail where he shall be received. His warrant, property and all papers connected with him should be made over to the Superintendent of the Jail where he is detained who shall inform the Superintendents of the Jails, from a road to which the prisoner was proceeding of the occurrence. On recovery, the prisoner shall be forwarded with his papers etc. to his destination. In the case of death, the fact, with date, shall be noted on his warrant, which with the other papers and property accompanying him shall be returned to the jail from where he came.33. Death of a prisoner before he can be received in any jail.
- If a prisoner dies while on transfer and before he can be received in any jail or subsidiary jail on route, the officer in charge of the Police escort should report the fact to the Magistrate of the District or the Officer in charge of the sub-division, as the case may be, in which the death takes place, with a view to an enquiry being held into the circumstances attending it. A copy of the proceedings, together with the warrant, documents and property accompanying the prisoner, should be forwarded to the Superintendent of the Jail from where he came. Such Superintendent shall submit a copy of the proceedings of the enquiry to the Inspector General.34. Escape en-route.
- If an escape occurs en-route, intimation of the same should be given as soon as possible to the nearest authorities and to the Superintendent of the Jail from which the prisoner came, with a view to his recapture, if he is not immediately recaptured, his property, warrant and other documents shall be returned to the jail from which he was dispatched.35. Recapture of a prisoner who escapes on transfer.
- A prisoner who escapes on transfer shall, if recaptured, be sent to the jail from which he was dispatched and after trial for the escape forwarded to the jail to which he was being transferred when the escape took place. A report of the recapture of a prisoner and the date of dispatch to his destination shall be sent to the Inspector General and to the Superintendent of the Jail which is to receive him.36. Receipts for prisoners etcGovernment property to be returned.
- The Superintendent or Deputy Superintendent of the receiving jail, shall duly acknowledge the receipt of the prisoners and of the documents and property relating to them which are detained by him. Simultaneously, the Police and the dispatching jail shall be informed identical articles of clothing and other Government property sent with the prisoners shall be returned to the jail of dispatch after being thoroughly washed and properly wrapped in gunny cloth.Note 1: The fetters actually received with the prisoners, need not be returned but an equivalent number of these articles in good condition and up to standard should be returned instead.Note 2: If it is necessary to detain any of the property in the receiving jail, a report of the fact shall be made to the Inspector General and to the Superintendent of the transferring jail. Property so detained must be accounted for in the register of both jails and in the indents for such articles subsequently submitted.37. Procedure when property is missing.
- If it be found on the arrival of the prisoners at their destination that the property received does not correspond with the lists, immediate notice of the fact shall be given to the Superintendent of the dispatching jail, who shall institute an enquiry into the matter.II. Labour and Jail Industry38. Days on which convicts are exempted from labour.
39. Entries with regard to labour in the history ticket.
40. Hours of Test from labour to vary with the season.
- No convict who is under sentence of rigorous imprisonment, or who is employed on labour at his own desire, shall be required to work between the hours of 12.00 Noon and 1.00 P.M.41. Hours of commencing and stopping work.
- Prisoners shall commence work at 8.00 A.M. and the factory will close at 4.00 P.M.42. Prisoners locked up during hours of rest.
- During the hours of rest, prisoners shall be locked up in their sleeping wards or in their workshops if are latter the suitable and secure.43. Classes of labour.
- The labour to which a convict may be put shall be of three classes, namely, hard labour, medium labour and light labour. The hard labour class working in the jail factory shall be divided into three categories, namely, skilled labour, semi-killed labour and unskilled labour.44. Description of worklabour task to be fixed.
- Subject to the provisions of Chapter VII of the Prisons Act. i 894. the Inspector General may. with the sanction of the Delhi Administration from time to time prescribe the description of works to be carried in, and the labour tasks to be fixed in respect of each class of labour.45. Tasks to be imposed on female and juvenile convicts.
- The task he imposed on any female or youthful convict shall not in any case exceed two third of the maximum task for hard labour and medium labour, respectively prescribed in respect of adult male convicts.46. Procedure when a new form of labour is introduced.
- When a new form of labour is introduced. the Superintendent shall, in consultation with the Medical Officer fix the tasks and obtain direction of the Inspector General in this regard.47. Time to be given to acquire skill.
- Every convict on being first put to do any kind of work with which he is not acquainted shall he allowed a reasonable time to be fixed by the Superintendent, in which to acquire the necessary skill to enable him to perform the full task. Mental and physical capabilities must be taken into consideration. The time will vary from a few days in the case of grinding or oil-pressing which require but little skill, to three or four months in the case of weaving or carpet making which require a good deal of skill and fair amount of intelligence. In every case when allotting new work, the Superintendent, or subject to his control, the Factory Manager, or Deputy Superintendent shall note on the convict's history-ticket the task he is to begin with and every subsequent increase up to the full task.48. Frequent change of work to be avoided.
- Frequent change of work except on medical grounds should be avoided, but the same form of hard labour should not be exacted indefinitely without variation, and sedentary work should occasionally be changed for work involving more general movement. Every Superintendent and Deputy Superintendent should make himself acquainted with the tasks fixed for the various industries carried on in the jail.49. Tasks to be measured or weighed.
- Whenever the material given to a prisoner to work upon, admits of measurement or weighment, it shall be measured or weighed out to him before he begins to work.50. Work done to be measured and entered daily.
- Before the prisoners leave their places of work in the afternoon, the Factory Manager or Deputy Superintendent and Head Warders shall measure and mark off the work done by each prisoner and note the same against his name in the labour register. The entries in this register may be made by an educated convict. If in any case, owing to the nature of the work, the task cannot be taken daily, it should be taken whenever it is possible to do so.51. Means and appliances for labour to be provided.
52. Hardest suitable form of labour to be exactedProvisoProfit not to be considered.
53. How convict labour may be employed.
- Convict labour shall ordinarily be employed to supplyFirstlythe requirements of the jail and of the jail departSecondlythe requirements of the Government in any other respect, andThirdlyother demands which the Inspector General may from time to time approve.54. Manufacture of articles for sale.
55. Supply of articles to Government Departments.
- Supply of products shall be made firstly to the Government Departments. secondly, after meeting the requirements of the Government Departments, to the Co-operative stores and after meeting the requirements of the Co-operative stores fully, thirdly, to the open market. In other words, jail industry should not ordinarily compete with the open market industries.56. How jail labour may be utilise Convicts not to be employed on certain works.
57. Convict labour on jail building.
- Convict labour shall be utilized to the fullest extent in the erection and repair of all jail buildings and in the preparation of materials for the same.58. Prohibition against employment of small gangs of prisoners.
59. Sanction to extramural employment.
- No convict shall at any time be employed on any labour outside the jail walls or be permitted to pass out of the jail for the purpose of being so employed, unless arid until the Deputy Inspector General shall have60. Restriction on the employment of prisoners outside jail walls.
- No convict shall at any time be employed on any labour without the walls of the jail -61. Certain prisoners not to be allowed out.
- Care must he exercised not to pass out any prisoner who has shown or is likely to possess any inclination to escape.62. Restriction on the employment of convicts as menial servants.
- The number of convicts regularly employed on services of a menial or domestic nature such as cooks, barbers. water-carriers. sweepers and the likeshall not, without the special sanction of the Inspector General. exceed ten per centum.63. Selection and limitation of menial servants.
- Sweepers shall be chosen from the member or similar caste, prisoners of other castes may be employed as sweepers if they volunteer to do such work. The barber shall belong to the casual class. Hospital attendants shall be selected from those passed for light labour or who have completed at least half their sentences. If there is a large number of serious cases in hospital, the proportion of one attendant to ten patients may be temporarily exceeded. If any convict employed as a menial servant has not enough work to occupy his whole time he should be placed upon some other work for the remainder of his time.64. No prisoner to be employed on private work or service.
- No prisoner shall at any time be employed by any officer of the jail, or other person, on any private work or service of any kind whatsoever.65. Employment of prisoners as clerks.
- The employment of prisoners as clerks in jail offices is forbidden. The Inspector General may sanction the employment of an educated prisoner to copy letters, prepare rolls, write up registers and other work haYing no connection with wan-ants, remissions or money transactions. A prisoner so employed shall be provided with a place of writing inside the main gate, and under the eye of a warder. He shall not be permitted to enter the jail office unless called before the Superintendent or an inspecting officer. A prisoner employed on clerical work shall receive no remission or gratuity for such work.66. No prisoner to be allowed to visit the bazar.
- No prisoner shall at any time, upon any pretext, or for any purpose whatsoever accompanied by warders or not, be permitted to proceed to or visit any bazar or market.67. Charge of material or manufactures.
- The raw material for manufactures shall be under the charge of a responsible officer, who shall issue each morning what is required for the day's work and receive in store in the evening the material which has not been used up. He shall also, as far as possible, satisfy himself that there is no-waste of material, but this shall not relieve the Factory Manager or Deputy Superintendent, as the case may be, of the responsibility for the safe custody and proper disposal of the manufactory stores.68. Responsible officer to keep manufactory accounts.
- All accounts relating to jail manufacture shall be kept by a responsible official, under the supervision of the Factory Manager or Deputy Superintendent.69. Disposal of proceeds of employment of prisoners.
- No officer of any jail shall at any time retain in his possession. or otherwise than under proper authority, dispose of70. Yearly audit of the factory accounts.
- The factory accounts will be systematically audited once a year by the Delhi Administration.III. Prisoners Food and Clothing71. Prisoners not to possess, receive or consume any article not prescribed.
- Subject to the provisions of section 31 of the Prisons Act, 1894. and the rules made thereunder, as to civil prisoners and un-convicted criminal prisoners, who are permitted to maintain themselves, no criminal or civil prisoner shall at any time receive, consume or possess. any article of food or drink not provided for or supplied to him in the mariner hereinafter in these rules provided in that behalf.72. Daily issue of prison diet in three meals.
- Every convict and every un-convicted criminal or civil prisoner who does not maintain himself. shall, daily receive the scale of prison diet provided for prisoners73. Food to be issued at each meal.
74. Power to fix scales of prison diet.
- The Inspector General. with the previous sanction of the Delhi Administration, shall fix the scale of prison diet to be provided in respect of each class of prisoners and, with the like sanction. may from time to time75. Scales of diet for prisoners of various classes Exhibition of scales.
76. Powers reserved to Medical Officer to vary prison diet.
- Nothing in the foregoing rules contained shall be deemed in any way to limit or restrict the power of the Medical Officer, in his discretion, at any time, to prescribe any special dietary in respect of any prisoner, or to direct the manner in, extent to, and period for, which the prescribed scale of prison diet shall be varied or supplemented in the case of any such prisoner:Provided that it shall not be lawful for the Medical Officer to vary, in any case, the scale of prison diet for the time being prescribed, by way of punishment, or otherwise than in the manner in, to the extent to and for the period for which it may, in such Medical Officer's opinion, be expedient to do so on medical grounds and for the benefit of the prisoner concerned.Note: Change of dietary of any class of prisoners requires the sanction of the inspector General.77. Duty of Inspector General to ensure adequate supplies.
- It shall be the duty of the inspector General from time to time to take all such measures as may be necessary to ensure that every prisoner is at all times so supplied with food and drink as to maintain him in good physical health and vigour.78. Supervision of foodstuffs and water supply.
- It shall be the duty of the Superintendent, the Medical Officer and the Deputy Superintendent at all times to satisfy themselves, respectively, that79. Offences connected with food supply, time and place of consumption.
80. Examination of food by Medical Officer.
- The Medical Officer shall81. Inspection of food by Superintendent.
- The Superintendent of a Jail shall inspect the food prepared for prisoners' meals at least three times in each week.82. Food of prisoners on transfer.
83. All articles to be weighed out to the cookDetails of the preparation of food.
- All articles of diet, shall, when possible be -weighed out to the cooks in a state ready prepared for cooking. The following instructions shall be attended to :-| Wheat | 3.75% |
| Dal, urd | 4.30% |
| Dais, mung, moth, rawan and maser | 3.75% |
| Gram for perching or boiling | 1.25% |
| Dal gram | 3.75% |
| Tamarind | 10.00% |
| Wheat for Dalia | 1.25% |
84. Scales, weights and measureComplaints concerning food.
-Properly adjusted beam scales and correct weights should be used in every and for weighing supplies in bulk and individual rations; they shall be frequently tested by the Superintendent.85. The Issue of uncooked food.
- The uncooked food shall be weighed out to the cooks in the presence of the Deputy Superintendent, Senior Assistant or Assistant Superintendent or Medical subordinate who shall be held responsible that the proper quantity is issued, and also in the presence of the Assistant Superintendent or head-warder specially appointed to keep the godowns in which the food-stuffs are stored The mustard oil should not be issued until it is actually required, and one of the above higher officials shall be present when it is being mixed with the dal and vegetables.86. The cooking of food, cleanliness of vessels etc..
- The cook shall perform the duty of preparing the food with care and attention. The dough should be slowly and thoroughly needed with portion of the salt and not more water than is necessary. Each chapati should not be more than 20 cms. but not less than 16 cms. in diameter and of the same thickness throughout. The cooking should be slowly done. so that the surface may not get burned, while the inner part remains uncooked. All cooking vessels must be kept clean and bright, and the cook-house clean and tidy.87. Protection from the weather during meals.
- Prisoners should be protected from rain and intense heat during meals. If there are no roofs over the ordinary feeding places they may be allowed to sit in verandah, or, if necessary, in the work-shop or wards or wherever shelter can be found.88. Responsibility for purchase and storage.
- The Superintendent and Deputy Superintendent shall be held responsible for proper arrangements that are made in due time for the purchase and storage of grain, subject to the limits of (with the stock in hand), 15 months' supply and of the storage room available.89. The purchase of grain.
- The grains shall be purchased as per the instructions issued by Inspector General from time to time.90. Examination of grain, prompt payment to be made.
- The medical Officer shall examine every delivery of grain brought to the jail and satisfy himself that it is of good quality before it is stored. There should be no delay between delivery and weighment, and payment should be made at once after approval by the Superintendent otherwise it cannot be expected that the most favourable terms will be obtained.91. The Storage and subsequent care of grain.
- Grain should not be finally stored until it is thoroughly dry, if it is damp it should be spread out and turned over frequently in the sun for a few days but must not be left uncovered at night. All grain should be protected from birds, vermin and insects and secured under lock and key. It should be separated from the walls and floor of the store or pit by at least one foot of bhuse, examined at intervals to see that it is not being damaged. If it shows sign of damage or decay, it should be all turned out, exposed to the sun, cleaned and restored with fresh dry bhuse, if necessary. Immediately any loss is discovered, a full report of the circumstances should be made to the Inspector General.92. Supply of clothing, bedding and Prisoners not to use or possess any other.
93. Convicts to wear prison dress.
- Every convict shall ordinarily wear the prescribed prison dress.Provided that the Inspector General may, at any time, in his discretion. by general or special order in that behalf, relax the provisions of this rule in respect of any prisoner or class of prisoner under sentence of simple imprisonment, subject to such conditions as he may think fit to impose in that behalf.94. Clothing for prisoners sentenced to simple imprisonment.
- Under the authority conveyed in the preceding rule, all prisoners sentenced to simple imprisonment who are not habituals, shall be permitted to wear their own clothing while in jail but should not be allowed to wear political symbols.95. When convicts are permitted to wear private clothing.
- All prisoners sentenced to rigorous or simple imprisonment may be permitted to wear private clothing when (a) attending court, (b) on transfer to another jail and (c) having an interview with relatives.96. Prisoners to conform to orders as to the care and custody of articles.
- Every prisoner to whom any article of clothing or bedding or other equipment is at any time supplied shall conform to all such orders as to the care, custody and use, as the case may be thereof, as may from time to time be issued by the Superintendent, subject to the directions in that behalf of the Inspector General.97. Powers to fix scale of prison clothing and bedding.
- The Inspector General shall, with the previous sanction of the Administrator, fix the scale of clothing and bedding and other necessaries of equipment to be provided in respect of each class of prisoners, and may, with the like sanction, from time to time -98. Provisions to be made in prescribing clothing, bedding and C. Exhibition of scales.
- The scales of clothing and bedding and other necessaries of equipment, from time to time prescribed shall contain provision for winter season and summer seasons99. Powers reserved to Medical Officer to order extra clothing.
- Nothing shall be deemed, in any way, to limit or restrict the power of the Medical Officer in his directions at any time. to direct, on medical grounds and for the benefit of the health of any prisoner or class of prisoners, the issue of extra clothing to any such prisoner or class of prisoners for any specified period during any season of the year.100. Scales of clothing, bedding and equipment.
- The following scale of clothing, bedding and other necessaries of equipment, are prescribed for convicts for the time being :| Males | Female |
| 1 | 2 |
| (a) Winter wear | |
| 2 Dasuti trousers and Kachhas | (for 2 Dasuti Pyjamas. Sikhs only) |
| 2 Dasuti Caps or Garah puggrees | 2 Dasuti Chaddars. (for Sikhs only) |
| 2 Langotas (for non-Sikhs only) | 2 Napkins |
| For both sexes | |
| 2 Dasuti Coats | 1 Khaki cotton durrie 6' x 2' |
| 1 | 2 |
| 1 Blanket Coat with belt | 1 Towel |
| 3 Blankets | 1 Iron, cup |
| 1 Munj or Bahabbar Mar | 1 Iron plate |
| 2 Cotton Sheets | 2 Azarbands |
| (b) Summer wear | |
| 2 Dasuti Trousers and Kachhas | 2 Dasuti Payjamas (for Sikhs only) |
| 2 Dasuti Caps or Garah puggrees | 2 Dasuti GLaddars (for Sikhs only) |
| For Both Sexes | |
| 2 Garah Kurtas | 2 Azarbands |
| 1 Khaki Cotton durrie 6' x 2' | 1 Towel |
| 1 Munj or Bhabbar mat | 1 Iron Cup |
| 2 Cotton Sheets | 1 Iron Plate |
| (c) Utensils | |
| 1 Thali | |
| 1 Glass | |
| 2 Katories |