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State of Punjab - Section

Section 39 in Punjab Jail Manual, 1996

39. General directions.

- General direction under sub-section (2) of Section 11, of the Prisons Act, 1894, issued by the State Government -
(a)The District Magistrate's order should ordinarily be issued in the form of an entry in the visitors' book or through an official communication. The District Magistrate is not required to interfere in matters of detail affecting the management of a jail. He should beware of action having a tendency to weaken the authority of the Superintendent over subordinate jail officers and prisoners.
(b)In matters of an emergent and important character, affecting the safety of the public, the jail or the prisoners, it is open to the District Magistrate to take all such measures as may be necessary in the special circumstances of the case, and all action taken should be promptly reported to higher authority.
(c)If the District Magistrate gives an order to which the Superintendent takes exception, the latter officer may represent the matter to the Inspector-General, but he shall forthwith obey any order which is not clearly inconsistent with the Prisons Act or any rule made thereunder and does not involve any immediate risk or danger. In the event of his hesitating to obey any order on any of these grounds, he shall, in case of urgency, obtain the Inspector-General's orders by telegraph.
(d)In cases which are not urgent, the Superintendent will refer, in the ordinary course, to the Inspector-General and will communicate that Officer's reply, without delay to the Magistrate.