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State of Punjab - Section

Section 974 in Punjab Jail Manual, 1996

974. Convict labour. Details to be observed in the execution of works.

(1)In the execution of every jail work convict labour shall be utilized to the fullest extent. An Executive Engineer required to give a Superintendent the option of executing the whole or any part of a jail work and to assist him in providing employment for prisoners on such work, but as it will not be always possible for a Superintendent to carry out jail works, such works may be classed as those to be done by -
(a)convict labour,
(b)free labour, and
(c)convict and free labour combined.
(2)It is laid down in the Public Works Code that estimates for the works on which it is intended to use prison labour will as in the case of free labours, provide for the full market value of the work to be done, but a note of the reduction to be effected by the employment of convicts will be made on the abstract of the estimate.
(3)No charges should be made to the Public Works Department when convicts are employed on jail works. When prison labour is employed on other public works the full market value of the work performed, as certified by the Executive Engineer, will be charged to the Public Works Department. The adjustment of such charge should be made according to the general rules for payments by one Department to another.
(4)The Executive Engineer will from time to time inform the Superintendent of the probate demand for convict labour, the Superintendent shall arrange as far as practicable for the required number of convicts being made available and apply, if necessary, to the Inspector-General for the transfer of as many more convicts, as will make up the required number.
(5)When a sanctioned jail work is to be executed by prison labour, the Superintendent will apply to the Executive Engineer for all tools, plant and materials required for the work. Such tools and materials shall be devoted solely to the purposes sanctioned in the estimate.
(6)The work to be done shall be laid out by the Executive Engineer, or by his subordinate deputed for the purpose, and no deviation from the sanctioned plan shall be permitted without formal sanction.
(7)It is the duty of the Executive Engineer to point out to the Superintendent when progress on a work on which convict labour is employed is considered unsatisfactory, to assist the Superintendent in framing a table of task-work, and to instruct his subordinate to report daily those convicts who have not completed their tasks or who have been otherwise negligent at their work.
(8)All building operations are to be conducted by the Executive Engineer and his subordinate in charge, without interference. The supervision of Public Works Department must however be effectual so that loss to the jail by dismantlement of work, waste of materials or loss of tools may be reduced to a minimum.Note. - The Governor is pleased to direct that all ordinary repairs to jail buildings and all special repairs and original works, the estimated cost of which does not exceed Rs. 500 and which do not require professional skill, be carried out by Superintendent of Jails. For works costing over Rs. 500 their execution or otherwise by Superintendent is to be decided, each on its own merits, at time of sanction, by Superintending Engineers in consultation with Superintendents. Works and repairs to be undertaken by the Jails Department will be subject to the following procedure : -
(a)Estimates for the class of works noted above are to be prepared by the officers of the Public Works Department as usual, and, when it has been decided that the Jail Department should carry out the work, the estimate abstract shall be cut down to show saving effected by the use of uncharged for Jail Labour.
(b)In cases where the Superintendent of the Jail has no mistri or skilled workman at his disposal to put in charge of such works, the Executive Engineer of the Public Works Division concerned should either lend him one from his own staff, if he has one available or should see that the estimates provides for the payment of one charged to work. If in any particular case, the Superintendent of the Jail professes his inability to carry out work which the Executive Engineer has not objected to as unsuitable to Jail Labour, the Executive Engineer would, of course, carry it out for him, the matter is one that should be arranged between the Superintendent and the Executive Engineer. But it should be borne in mind that whenever by supplying help in the way of subordinate staff the Executive Engineer can aid the Superintendent to carry out work, it will be preferable to do so rather than to undertake it himself.
(c)The Executive Engineer of each Public Works Division should, as far as possible, inspect, or direct one of his subordinates to inspect works made over to Superintendent of Jails for execution, while they are in progress, when they are of such a nature that some degree of professional supervision would be desirable. Superintending Engineers will also during tour examine them, as has been heretofore customary.
(d)In carrying out jail works the Superintendent of the Jail will act as Agent of the Public Works Department and as such it will be his duty to see that money provided for one work is not diverted to another, and that no deviation from drawing or specifications is allowed.