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State of Odisha - Section

Section 39 in The Orissa Security Prisoners (Conditions of Detention) Order, 1981

39.

(i)Where upon such enquiry as he thinks fit to make, the Superintendent of the Jail is satisfied that a security prisoner is guilty of a jail offence he may award the security prisoner one or more of the following punishments;
(a)Confinement in cell for a period not exceeding fourteen days at a time;
(b)Reduction or alteration of diet for a period not exceeding fourteen days;
(c)Cancellation or reduction, for a period not exceeding two months, of the concession of receiving funds from outside;
(d)Cancellation or reduction, for a period not exceeding two months, of the privilege of writing and receiving letters or of receiving newspapers and books;
(e)Cancellation or reduction, for a period not exceeding two months of the privileges of having interviews;
(f)Cancellation of the privileges of wearing his own cloths;
(g)Cancellation of the privilege of smoking;
(h)Re-classification of a security prisoner, placed in the Special Division as a security prisoner of the ordinary division :
Provided that where such punishment is proposed to be awarded to a security prisoner, who is or has been a member of the Parliament or a Member of a State Legislature, prior approval of the State Government shall be obtained before awarding such punishment.
(ii)If any security prisoner is guilty of a jail offence which, by reason of his having frequently committed such offence, or otherwise, is in the opinion of the Superintendent of the Jail not adequately punishable by him under the provisions of Sub-clause (i), he may forward such prisoner to the Court of a Magistrate of the First Class having jurisdiction, and such Magistrate shall thereupon inquire into and try the charge so brought against the security prisoner, and upon conviction shall sentence him to imprisonment for a term not exceeding one year or to fine or to both ;
Provided that, where the act constituting the offence constitutes an offence punishable under the Indian Penal Code with imprisonment for a term exceeding one year, nothing in this Order shall preclude the security prisoner from being tried and sentenced for such offence in accordance with the provisions of that Code.