State of Uttar Pradesh - Act
U.P. Security Prisoners Rules, 1972
UTTAR PRADESH
India
India
U.P. Security Prisoners Rules, 1972
Rule U-P-SECURITY-PRISONERS-RULES-1972 of 1972
- Published on 22 January 1972
- Commenced on 22 January 1972
- [This is the version of this document from 22 January 1972.]
- [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 security prisoner is ordered to be detained.3. Accommodation.
- Security 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 security prisoner separately if he considers it desirable on grounds of health or for any other reason.4. Classification.
5. Diet.
- Security prisoners in the 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. Security prisoners shall not be allowed to cook their own food.6. Clothing and bedding.
- Security 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 relations.7.
The Superintendent shall apply to any security 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 security 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 State Government shall remain the property of the State Government. They shall not be taken away by security prisoner on release save to the extent considered necessary for health and decency by the Superintendent in the case of a security prisoner whose own clothing and bedding are sufficient for these purposes.10. Furniture.
- Furniture shall be provided to superior class security prisoners according to the scales admissible to superior class convict, vide Appendix 6. Security prisoners of the ordinary class shall be treated as convicts of the ordinary class in this matter.11. Utensils.
- Security prisoners may use their own utensils. The Superintendent shall supply to any security 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.
- Security 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 security prisoner to receive other toilet articles at his own cost or from friends and relations. The Superintendent may withhold any articles the supply of which he considers to be objectionable. Security prisoners in the superior class, who use tooth brush, shall also be allowed medicated tooth powder at Government expense.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 grams | |
| Thymol | ... | 85 grams | For 100 prisoners for one month. |
| Acid Carbolic | ... | 70 grams | |
| Chalk | ... | 15 Kg. 550 gram |
13. Deposits.
- A security prisoner may, with the previous sanction of the Superintendent receive funds from a relative or friend to enable him to supplement 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 security prisoners of the superior class the District Magistrate may permit such expenditure ordinarily up to Rs. 50 and with the State Government up to Rs. 100.14. Interviews.
- Every superior class security prisoner may have two interviews and every ordinary class security 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 security prisoner has been guilty of a serious breach of discipline. Superintendents shall have full discretion to choose the place and mode of interviews, but shall see that the prisoners and their interviews are provided with sufficient accommodation.Note. - A prisoner may, with the permission of the Superintendent substitute a letter with reply for an interview or vice versa.15.
15A. Special provision relating to COFEPOSA detenus.
- Notwithstanding anything in Rules 14 and 15, all interviews to be allowed to persons detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, shall be subject to prior approval of the State Government.16.
No security 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 security 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 that an hour save with the permission in writing of the authority empowered to allow an interview.19.
Every person permitted to interview a security prisoner as well as the security prisoner shall be searched before and after the interview.20.
After the interview is over, the official present at the interview shall warn both the security prisoner and the visitor that future interviews are liable to be prohibited if the visitor indulges in any publicity on behalf of the security 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 security prisoner.22.
The police officers so authorized shall be allowed to interview security 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 escort, if the police officer so requires, shall stand out of ear shot, but within sight when he is speaking to any security prisoner.23. Correspondence.
- Every superior class security 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 security 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 security 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.
Security 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 addressee is detained. All letters addressed to security prisoners in another State shall be forwarded to the State Government for transmission to that State.25.
All letters to and from security 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 Superintendent of Police of the district in which the jail is located. The Superintendent of Police 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 Home 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 security prisoner, the Superintendent or in cases referred to the Superintendent of Police, the Superintendent of Police 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 withhold, the security 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 expense of the prisoner sending them. They shall count as letters for the purpose of Rule 23 and shall pass through censorship in the same-manner as letters.31.
Security prisoners shall attach to all their outgoing correspondence (including telegrams), a slip containing the full name and address, and, in the case of relatives, 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.
- Security 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.
Security 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 other than those supplied under Rule 32 at Government expense, may be allowed at the cost of the prisoner or his relative 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 security 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 security prisoner shall be treated as breach of jail discipline.37.
Pencils, pens and ink may be allowed to security prisoners at Government expense.38. Transmission through Superintendent.
- No letter, newspapers, or other communication shall be transmitted to or from any security 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 security prisoners, provided that any prisoner in the superior class desiring to wash his own clothes may be given 230 grams Sajji and 115 gram washing soap weekly for the purpose. Ordinary class security 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 in the superior class and at Class III rates for prisoners in the ordinary class or actual fare of the bus if rail journey is not available, shall be given to security 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 fares of the escort travelling with him.41. Diet money.
- Security 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 Paragraph 113 and 113-A respectively of the Uttar Pradesh Jail Manual.42. Games and sports.
- Provision for carom draughts, chess and playing cards shall be made at the expense of the State Government. Other indoor games may be provided at the expense of the individual security prisoners at the discretion of the Superintendent.43.
Provision for badminton, volley-ball and deck-tennis shall be made at the expense of the State Government where sufficient space is available44. Punkhas.
- For security 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 security prisoners who have to sleep inside their barracks.45. Sleeping in the open.
- All security 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.
- Security 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 security prisoner is seriously ill, the Superintendent shall report the fact to the District Magistrate, the Inspector-General of Prisons as the State Government and shall also inform any friend or relative of the prisoner if so desired by him.48. Removal to Civil Hospital.
- If a security prisoner is seriously ill, and in the opinion of the District Magistrate and the Civil Surgeon 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 security 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 visits, a Dental Surgeon may be allowed a fee up to Rs. 8 per visit exclusive of conveyance charges for attending on such security 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. Allowance to dependants.
52. Examinations.
- A security prisoner shall not ordinarily be permitted to appear at examinations or to take examinations in jails.53.
54.
Security 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 23.55. Searches.
- All security 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 through, and the fact of the search shall be noted in the Jailors Report Book.56. Punishments.
57. Handcuffs and fetters.
- Fetters, handcuffs and cross-bar fetters shall not be imposed for reasons of safe custody on security 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.58.
The Superintendent may at any time impose fetters on a security prisoner if he considers that there is serious danger of the security prisoner escaping, if fetters are not imposed.59. Prohibited article.
- The following articles are prohibited articles :60. Miscellaneous.
- Discussion of political matters in letters or during interviews is forbidden.61.
Security prisoners may, at their option, be allowed to do such working 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.62.
All particulars relating to security prisoners shall be entered (without serial number) in the Registers of Civil Prisoners, and all statistics of security prisoners shall be shown separately in jail returns.63.
The playing of musical instruments is forbidden except between the hours of 12 noon to 1 p.m. and 6 p.m. to 8 p.m.64.
The keeping of dogs is prohibited. Other pets of a harmless nature are permitted.65.
The smoking of tobacco, cigarettes, etc. is permitted at the cost of the prisoners but pan is prohibited. Security prisoners may receive from friends and relations smoking requisites except those forbidden under Rule 59.66.
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 security prisoners.67.
All communications addressed by a security 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.68.
The provisions of the Prisoners (Attendance in Courts) Act, 1955 (Act No. XXXII of 1955) and the U. P. Prisoners (Attendance in Courts) Rule, 1956, shall apply to appearances of security prisoners in courts.69.
The Superintendents of the jails in which security prisoners are detained, may allow security prisoners facilities for pursuing the hobby of gardening if desired, where arrangements can be made without undue inconvenience.70.
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.71.
A copy of these rules should be made available for the use of security prisoners in any place where such prisoners are detained.72.
These rules supersede all existing rules and orders on the subject.Appendix ADietSuperior class security prisoners| Foodstuff | Diet scale for non-vegetarians | Diet scale for vegetarians | |
| 1 | 2 | 3 | |
| Wheat | 350 grams | 350 gram | |
| Rice | 175 grams | 175 grams | |
| Dal | 55 grams | 115 grams | |
| Meat | 230 grams | 115 grams | |
| Milk | 230 grams | 350 grams | |
| Butter or Ghee | 55 grams | 70 grams | |
| Mustard oil | 15 grams | 15 grams | |
| Sugar | 55 grams | 55 grams | |
| Tea and milk (if required) | } | 15 grams | 15 grams |
| 15 grams | 55 grams | ||
| Vegetables (of which not more than 230 grams may be potatoes) | 230 grams | 350 grams | |
| Spices | 15 grams | 15 grams | |
| Salt | 30 grams | 20 grams | |
| Amchur | 15 grams | 10 grams | |
| or | |||
| Chatni | 10 grams | 10 grams | |
| or | |||
| Lime juice | 30 grams | 30 grams | |
| Fruit | 40 Paise three times a week. | 40 Paise three times a week. | |
| Fuel | 1 Kg. 855 Grams. | 1 Kg. 400 gms. |
| Foodstuff | Labouring | Non-labouring |
| Grain ration | 350 Grams | 290 Grams |
| Dal | 30 grams | 30 grams |
| Vegetables | 115 grams | 115 grams |
| Oil | 5 grams | 5 grams |
| Chillies | ½ gram | ½ gram |
| Turmeric | ½ gram | ½ gram |
| Salt | 7 grams | 7 grams |
| (1) | Sweet dalia | Wheat 55 gram and gur 30 grams thrice a week. |
| (2) | Soaked boiled gram | 45 grams salted (salt 2 grams, oil 1 gram and chillies ½gram) twice a week. |
| (3) | Parched gram | 115 grams twice a week. |
| Summer | Winter |
| Three Kurtas | Three Kurtas |
| Two Dhoties or Pyjamas | Two Dhoties or Pyjamas |
| Two drawers or tikonies | Two drawers or tikonies |
| Two baniains | Two baniains |
| 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 Chapals |
| One blanket | Three blankets or one quilt |
| One woollen coat | |
| One pair woollen pyjamas, if required | |
| One woollen waistcoat |
| Two Dusuti dresses or two Garha Saries and two Garha tackets | In addition two summer scale |
| Two each necessary under clothes | Two flannel dresses or one woollen long-coat reaching down tothe knee |
| Two pairs of stockings, if required | Three blankets |
| One blanket | One cardigan |
| One pillow | |
| Two towels | |
| One pair of full slippers or one pair of Chappals | |
| One Topi if required |
| Summer | Winter |
| Two Kurtas | Two Kurtas |
| Two Dhoties or Pyjamas | Two Dhoties or Pyjamas |
| One cap | One cap |
| One tikoni | One tikoni |
| One Chadar | One Chadar |
| One towel | One towel |
| One blanket | Three blankets |
| One Janghia | One blanket coat |
| One Janghia |
| Three saries | In addition to summer clothing the following: |
| Two Kurtas | |
| Two Kurties | One blanket |
| Two towels | One pullover |
| Two Chadars | In excessive cold one more blanket to prisoners in hill jails |
| Three Janghias | |
| One blanket |
| 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 |