State of Uttar Pradesh - Act
The U.P. Blackmarketeer Prisoners Rules, 1979
UTTAR PRADESH
India
India
The U.P. Blackmarketeer Prisoners Rules, 1979
Rule THE-U-P-BLACKMARKETEER-PRISONERS-RULES-1979 of 1979
- Published on 15 November 1979
- Commenced on 15 November 1979
- [This is the version of this document from 15 November 1979.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definition.
- In these rules, "Superintendent" means the officer appointed to be, or to act as, the Superintendent of the Jail or other place in which the blackmarketeer prisoner is ordered to be detained.3. Accommodation.
- Blackmarketeer prisoners shall be detained in cells or association barracks, preferably the latter, and allowed to communicate freely with each other within their enclosure, but so far as possible, shall be kept separate from other prisoners. The Superintendent may, however, confine any particular blackmarketeer prisoner separately if he considers it desirable on grounds of health or for any other reason.4. Classification.
- Blackmarketeer prisoners shall be placed in the ordinary class, unless otherwise specifically directed by the detaining authority.5. Diet.
- Blackmarketeer prisoners in superior and ordinary classes shall be allowed diet on the scales prescribed in the Jail Manual for convicted prisoners of the corresponding classes, vide Appendix A. They shall not be allowed to cook their own food.6. Clothing and bedding.
- Blackmarketeer prisoners may wear their own clothes and use their own bedding and shoes. They may also, with the permission of the Superintendent, receive extra clothing and bedding from friends and relatives.7.
The Superintendent shall supply to any blackmarketeer prisoner not provided with adequate clothes and bedding such articles as will with those already in his possession be equal to the scale prescribed for convicts of the corresponding class vide Appendix B.8.
Women blackmarketeer prisoners in the superior and the ordinary classes shall be allowed the same scales of clothing as convicted women prisoners of the corresponding classes.9.
All articles of clothing and bedding supplied by the Stale Government shall remain the property of the State Government. They shall not be taken away by any blackmarketeer prisoner on release save to the extent considered necessary for health and decency by the Superintendent in the case of a blackmarketeer prisoner whose own clothing and bedding are insufficient for these purposes.10. Furniture.
- Furniture shall be provided to superior class blackmarketeer prisoners according to the scales admissible to superior class convict, vide Appendix C. Blackmarketeer prisoners of the ordinary class shall be treated as convicts of the ordinary class in this matter.11. Utensils.
- Blackmarketeer prisoners may use their own utensils. The Superintendent shall apply to any blackmarketeer prisoner not provided with adequate utensils such articles as will, with those already in his possession, be equal to the scales allowed to superior and ordinary classes of convicted prisoners, vide Appendix D.12. Toilets.
- Blackmarketeer prisoners in the superior and ordinary classes shall be supplied with such toilet articles as are admissible to convicts of the corresponding classes, vide Appendix E. The Superintendent may permit a blackmarketeer prisoner to receive other toilet articles at his own cost or from friends and relatives. The Superintendent may withhold any articles the supply of which he considers to be objectionable.The tooth powder should be prepared according to the following prescription in some centrally located Jail or Jails and distributed to various Jails according to their requirements:| 1 | 2 | 3 | |
| Menthol | 85 Gram | } | For 100 prisoners for one month. |
| Thymol | 85 Gram | ||
| Acid Carbolic | 70 Gram | ||
| Chalk | 15 Kg. 550 gram. |
13. Deposits.
- A blackmarketeer prisoner may, with the previous sanction of the Superintendent receive funds from a relative or friend to enable him to supplement of the amenities of life in jail. The maximum that can be spent by him during any calendar month shall not exceed Rs. 15. In case of blackmarketeer prisoners of the superior class the District Magistrate may permit such expenditure ordinarily up to Rs. 50 and with the prior sanction of the State Government up to Rs. 100.14. Interviews.
- Every superior class blackmarketeer prisoner may have two interviews and every ordinary class blackmarketeer prisoner, one interview every month with his relatives or friends, provided that this privilege shall be subject to good conduct and may be withdrawn or suspended by the Superintendent if the blackmarketeer prisoner has been guilty of a serious breach of discipline. Superintendent shall have full discretion to choose the place and mode of interviews, but shall see that the prisoners and their interviewers are provided with sufficient accommodation.Note. - Such prisoner may, with the permission of the Superintendent substitute a letter with reply for an interview or vice versa.15.
16.
No blackmarketeer prisoner shall be permitted to have an interview with a person other than a police officer except on the written order of the State Government or the District Magistrate. As a general rule, the District Magistrate who has passed the original order of detention, shall be the authority to grant or refuse an interview. The District Magistrate of the district in which the prisoner is detained may, however, also grant or refuse an interview in exceptional cases.17.
Ordinarily not more than three persons may interview a blackmarketeer prisoner at a time. The authority empowered to allow an interview may at his discretion, in special cases, increase the number of persons permitted at an interview.18.
Interviews shall not last for more than an hour save with the permission in writing of the authority empowered to allow an interview.19.
Every person permitted to interview a blackmarketeer prisoner as well as the prisoner himself shall be searched before and after the interview.20.
After the interview is over, the official present at the interview shall warn both the blackmarketeer prisoner and the visitor that future interviews arc liable to be prohibited if the visitor indulges in any publicity on behalf of such prisoner.21. Interviews by police officers.
- Subject to the directions of the State Government the Inspector-General of Police may, by general or special order, authorise any Police Officer either singly or with another police officer and accompanied or unaccompanied by subordinate police officers, to interview any blackmarketeer prisoner.22.
The police officers so authorized shall be allowed to interview blackmarketeer prisoners in their cells or wards or in the ordinary interview room, without a jail official being present, on their making a written requisition to this effect to the Superintendent at the time of the interview. In visiting the cells or wards every police officer shall be accompanied by such escort as the Superintendent considers necessary for his safety. The excort, if the police officer so requires shall stand out of ear shot, but within sight while he is speaking to any blackmarketeer prisoner.23. Correspondence.
- Every superior class blackmarketeer prisoner may write two letters in a month. All letters addressed to a superior class prisoner and received in Jail will be delivered to him. Every ordinary class blackmarketeer prisoner may write and receive one letter in a month. This privilege shall be subject to good conduct and may be withdrawn or postponed by the Superintendent, if the blackmarketeer prisoner has been guilty of a serious breach of discipline.Note. - A prisoner may, with the permission of the Superintendent substitute a letter with reply for an interview or vice versa.24.
Blackmarketeer prisoners may write letters to, and receive letters from security prisoners detained in other places provided that the contents of these letters are of a purely personal character. Such letters will be taken into account in calculating the maximum allowed by Rule 23; they should be sent to the Jail in which the addresses is detained. All letters addressed to blackmarketeer prisoners in another State shall be forwarded to the State Government for transmission to that State.25.
All letters to and from blackmarketeer prisoners shall be read by the Superintendent himself. He shall transmit all such letters as are prima facie unobjectionable. Letters which are objectionable or about which he has any doubt, will be referred by him immediately to the District Magistrate of the district in which the Jail is located. The District Magistrate shall return these letters within four days with the necessary directions for their disposal, provided that any letter addressed either to the Central or the State Government shall be forwarded immediately to the Food Secretary to Government for necessary action.26.
If there is anything apparently objectionable from the point of view of jail discipline in any communication made by, or intended to be delivered to a blackmarketeer prisoner, the Superintendent or in cases referred to the District Magistrate, the latter after consulting the Superintendent of the Jail, if necessary, may delete it.27.
Every letter forwarded to or from a security prisoner shall be initialled and dated by each officer who handles the letter.28.
The Superintendent shall withhold all letters received by an ordinary class security prisoner in excess of the number permitted, retaining them for a maximum period of one month. If within that time they have not been delivered to the prisoner in accordance with his quota, they shall be destroyed by the Superintendent.29.
In all cases in which a letter is withheld, the blackmarketeer prisoner shall be informed through the Superintendent of the fact of the retention. All letters withheld other than those withheld under Rule 28 shall be sent to the Deputy Inspector-General of Police, Criminal Investigation Department or other officer designated by the State Government in this behalf who may at his discretion either retain or destroy them.30.
Telegrams may be sent at the expenses of the prisoner sending them. They shall Acount as letters for the purposes of Rule 23 and shall pass through censorship in the same manner as letters.31.
Blackmarketeer prisoners shall attach to all their outgoing correspondence (including telegrams), a slip containing the full name and address, and, in the case of relative, the relationship of the addressee, and of each person mentioned in the letter or telegram. These slips shall be sent to the Deputy Inspector General of Police, Criminal Investigation Department, or other officer designated by the State Government in this behalf who, if he considers that the writer should not be allowed to correspond with the addressee, shall inform the Superintendent for his future guidance.32. Newspapers and books.
- Blackmarketeer prisoners in the superior and ordinary classes shall be allowed newspapers and magazines at Government expense in accordance with the scales admissible to convicted prisoners of the corresponding classes, vide Appendix F.33.
Blackmarketeer prisoners may select their own newspapers and periodicals or magazines provided they are not on the prohibited list.34.
Newspapers, periodicals and magazines should not be censored before they are supplied to security prisoners.35.
It is desirable to encourage the use of suitable literature and, as far as practicable , facilities should be given for obtaining it. Newspapers and magazines may be allowed at the cost of the prisoner or his relatives or friends, from outside sources provided they are not on the prohibited list. Prisoners may borrow books from the Jail library or obtain them from outside sources provided they are not prescribed. This concession shall be withdrawn if it is found that any book has been allowed to go out of the barrack of the prisoner concerned without the specific permission of the Superintendent. If the Superintendent has any doubt whether any particular book is prescribed or not, he shall refer the matter to the District Magistrate.36. Writing materials.
- Loose paper may be supplied to blackmarketeer prisoners for the writing of the permissible number of letters. For other purposes ordinary school exercise books may be purchased from the funds at their disposal under Rule 13 and the pages shall be numbered. The extraction of leaves from such exercise books by a blackmarketeer prisoner shall be treated as breach of jail discipline.37.
Pencils, pens and ink may be allowed to blackmarketeer prisoners at Government expense.38. Transmission through Superintendent.
- No letter, newspapers, or other communication shall be transmitted to or from any blackmarketeer prisoner except through the Superintendent or such other officer as the State Government may by general or special order designate in this behalf.39. Washing of clothes.
- The Superintendent shall make arrangement for the washing of clothes of superior class blackmarketeer prisoners provided that any prisoner in the superior class desiring to wash his own clothes may be given 230 gram sajji and 115 gram washing soap weekly for the purpose. Ordinary class blackmarketeer prisoners shall wash their own clothes. They shall receive sajji on the scale admissible to ordinary class convicts.40. Travelling expenses.
- Travelling expenses at 2nd class rates for prisoners of both the superior and ordinary class prisoners of actual fare of the bus if rail journey is not available, shall be given to blackmarketeer prisoners on release irrespective of whether they have sufficient money of their own or not. Journeys on transfers will also be made according to this classification. If any security prisoner wishes to travel by a class higher than the classes indicated, he must pay, in addition to the difference in his own fare, the difference in the fare of the escort travelling with him.41. Diet money.
- Blackmarketeer prisoners of the superior and ordinary classes shall be given diet money on their transfer or release as prescribed for convicted prisoners of the corresponding classes, vide Paragraphs 113-A and 113 respectively of the Uttar Pradesh Jail Manual.42. Games and sports.
- Provisions for carom draughts and chess shall be made at the expense of the State Government. Other indoor games may be provided at the expense of the individual blackmarketeer prisoners at the discretion of the Superintendent43.
Provision for badminton, volley-ball and deck-tennis shall be made at the expense of the State Government, where sufficient space is available.44. Punkhas.
- For blackmarketeer prisoners in the superior class provision shall be made for punkhas and for jail labour to pull them between April 15 and October 15. Such punkhas may be provided at night also, at the request of those prisoners who have to sleep inside their barracks.45. Sleeping in the open.
- All blackmarketeer prisoners will ordinarily be allowed to sleep out in the open during the summer between dates to be determined by the Inspector-General but no special arrangements like beds etc. shall be made for the purpose. The privileges of sleeping in the open will be purely in the nature of a concession and may be refused or withdrawn for reasons of security or on account of the misbehaviour of the prisoner concerned.46. Medical treatment.
- Blackmarketeer prisoners will ordinarily be treated by the Medical Officer of the jail. If that Officer considers that it is advisable to consult or engage an outside doctor in any case, he will refer the matter for the orders of the State Government, through the Superintendent, except in an emergency when he may call in outside opinion on his own initiative.47. Serious illness.
- If a blackmarketeer prisoners is seriously ill, the Superintendent shall report the fact to the District Magistrate, the Inspector General of Prisons as well as the State Government and shall also inform any friend or relation of the prisoner if so desired by him.48. Removal to Civil Hospital.
- If a blackmarketeer prisoner is seriously ill, and in the opinion of the District Magistrate and the Chief Medical Officer treatment in the Civil Hospital is essential, the prisoner may be transferred to the Civil Hospital in the manner provided in Paragraph 1058 of the Uttar Pradesh Jail Manual. In such case the Superintendent will report the fact to the State Government through the Inspector-General of Prisons.49. Eye-treatment.
50. Dental treatment.
- If, in the opinion of the Medical Officer of the Jail, a blackmarketeer prisoner requires dental treatment, the Superintendent shall make arrangements for such treatment the cost of such treatment shall not exceed the rates prescribed in Paragraph 104 of the Medical Manual, except that in the case of visit a Dental Surgeon may be allowed a fee up to Rs. 8 per visit exclusive of conveyance charges for attending on such prisoner. If more elaborate treatment is required, such as the supply of artificial teeth, the Superintendent shall refer the case to the Inspector-General of Prisons for the orders of the State Government.51. Examinations.
- A blackmarketeer prisoner, who is preparing for an examination for which permission has been accorded both by the State Government and by the authorities conducting the examinations in jails.52.
53.
Blackmarketeer prisoners, who want to appear privately at any examination, should themselves obtain permission to do so. They shall for this purpose, be permitted to write and receive letters in addition to those permissible under Rule 23.54. Searches.
- All blackmarketeer prisoners and their cells and wards shall be searched not less than once a week, and oftener if the Superintendent considers it necessary, by the Jailor or the Deputy Jailor, as detailed by the Superintendent. Special precautions shall be taken to make the searches thorough, and the fact of the search shall be noted in the Jailor's Report book.55. Punishments.
56. Handcuffs and fetters.
- Fetters, handcuffs and cross-bar fetters shall not be imposed for reasons of safe custody on balckmarketeer prisoners travelling by road or rail unless a special requisition is made in writing by a police officer not below the rank of Superintendent of Police.57.
The Superintendent may at any time impose fetters on a blackmarketeer prisoner if he considers that there is serious danger of the blackmarketeer prisoner escaping if fetters are not imposed.58. Prohibited article.
- The following articles are prohibited articles:59. Miscellaneous.
- Discussion of political matters - in letters or during interviews is forbidden.60.
Blackmarketeer prisoners may, at their option, be allowed to do such work as may be allotted to them by the Superintendent and may receive remuneration for their labour at such rates as the Inspector General of Prisons may, with the approval of the State Government, fix.61.
All particulars relating to blackmarketeer prisoners shall be entered (without serial number ) in the Registers of Civil Prisoner, and all statistics of such prisoners shall be shown separately in jail returns.62.
The playing of musical instrument is forbidden except between the hours of 12 noon to 1 p.m. and 6 p.m. to 8 p.m.63.
The keeping of dogs is prohibited. Other pets of a harmless nature arc permitted.64.
The smoking of tobacco, cigarettes, etc. is permitted at the cost of the prisoner but pan is prohibited. Blackmarketeer prisoners may receive from friends and relation smoking requisites except those forbidden under Rule 59.65.
Non-official visitors, other than Members of the legislature who are ex officio non-official visitors will not, except with the specific permission of the District Magistrate or the State Government be permitted to visit blackmarketeer prisoners.66.
All communications addressed by a blackmarketeer prisoner, who is a member of the State Legislature or of Parliament, to the Speaker or Chairman of the house of which he is a member or to the Chairman of a Committee (including a Committee of Privileges) of such House or of joint Committee of both Houses of the State Legislature or of Parliament, as the case may be, shall be immediately forwarded by the Superintendent of the jail to the Government so as to be dealt with by them in accordance with the rights and privileges of the prisoner as a member of the House to which he belongs.67.
The provisions of Sections 266 to 271 (both inclusive) of the Code of Criminal Procedure, 1973, and the U.P. Prisoners (Attendance in Courts) Rules, 1956, shall apply to appearances of blackmarketeer prisoners in courts.68.
The Superintendent of the Jails in which blackmarketeer prisoner are detained, may allow security prisoners facilities for pursuing the hobby of gardening if desired, where arrangements can be made without undue inconvenience.69.
Such other instructions as may be necessary for the guidance of jail officers may be issued by the Inspector-General of Prisons with the approval of the State Government.70.
A copy of these rules should be made available for the use of blackmarketeer prisoners in any place where such prisoners are detained.71.
These rules supersede all existing rules and order on the subject.Appendix ADietSuperior class blackmarketeer prisoners| Food Stuff | Diet scale fornon-vegetarians | Diet scale forvegetarians | ||
| Wheat | 350 Gram | 350 Gram | ||
| Rice | 175 Gram | 175 Gram | ||
| Dal | 55 Gram | 115 Gram | ||
| Meat | 230 Gram | ..... | ||
| Milk | ..... | 350 Gram | ||
| Butter or Ghee | 55 Gram | 70 Gram | ||
| Mustard Oil | 15 Gram | 15 Gram | ||
| Sugar | 55 Gram | 55 Gram | ||
| Tea and milk (if required) | { | 15 Gram | { | 15 Gram |
| 55 Gram | 55 Gram | |||
| Vegetables (of which not more than 230 gram may be potatoes). | 230 Gram | 350 Gram | ||
| Spices | 15 Gram | 15 Gram | ||
| Salt | 30 Gram | 20 Gram | ||
| Amchur | 15 Gram | 10 Gram | ||
| or | ||||
| Chatni or | 10 Gram | 10 Gram | ||
| Lime juice | 30 Gram | 30 Gram | ||
| Fruit | 40 Paise three times a week | 40 Paise three times a week | ||
| Fuel | 1 Kg 855 Gram | 1 Kg 400 Gram |
| Food Stuff | Labouring | Non-Labouring |
| Grain ration | 350 Gram | 290 Gram |
| Dal | 30 Gram | 30 Gram |
| Vegetables | 115 Gram | 115 Gram |
| Oil | 5 Gram | 5 Gram |
| Chillies | ½ Gram | ½ Gram |
| Turmeric | ½ Gram | ½ Gram |
| Salt | 7 Gram | 7 Gram |
| (1) Sweet dalia | Wheat 55 Gram and gur 30 gram thrice a week. |
| (2) Soakedboiled gram | 45 Gram salted (salt 2 grams, oil 1 gram and chillies ½ gram)twice a week. |
| (3) Parchedgram | 115 gram twice a week. |
| Summer | Winter |
| Three kurtas | Three kurtas |
| Two dhotie or pyjamas | Two dhoties or pyjamas |
| Two drawers or tikonies | Two drawers or tikonies |
| Two banianas | Two Banians. |
| Two caps or pagris | Two caps or pagris. |
| Socks two pairs | Socks two pairs. |
| One mattress | One mattress. |
| Two towels | Two towels |
| One piece of cloth | One piece of cloth. |
| One pillow | One Pillow |
| Two pillow cases | Two pillow cases |
| Two bed-sheets | Two bed-sheets |
| One pair full slippers or chappals | One pair full slippers or Chappals. |
| One blanket | Three blankets or one quilt: |
| One woolen coat. | |
| One pair woollen pyjamas, if required. | |
| One woollen waist-coat. |
| Two dusuti dresses or two garha saries andtwo garhajackets. | In addition to summer scale: |
| Two each necesary under clothes | Two flannel dresses or one woollen long coat reaching down tothe knee |
| Two pairs of stocking, if required | Three blankets |
| Onecardigan. | |
| One blanket. | |
| One pillow. | |
| Two towel. | |
| One pair of full slippers or one pair chappals. | |
| One topi if required. |
| Summer | Winter |
| Two Kurtas | Two kurtas |
| Two dhoties or payjamas | Two dhoties or payjamas. |
| One cap | One Cap |
| One tikoni | One tikoni |
| One chadar | One Chadar |
| One towel | One Towel |
| One blanket | Three blanket. |
| One janghia | One janghia |
| Three saries | In addition to summer clothing the following: |
| Two kurtas | |
| Two kurtie | One Blanket. |
| Two towels | One pullover. |
| Two chadarsThree Janghiasone blanket | In excessive cold one more blanket to prisoners in hill jails. |
| Association | Cells |
| One berth | One bed |
| One large table with benches | One small table |
| Lamps | One stool. |
| Sanitary appliances | One lamp. |
| Mosquito-net | One mosquito-net Sanitary appliances |
| One tumbler |
| Two cups |
| One lota |
| One spoon |
| One thali |
| One brass tasla |
| One Kaori |