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[Cites 0, Cited by 213] [Entire Act]

Union of India - Section

Section 59 in The Prisons Act, 1894

59. Power to make rules.

- [(1)] [Section 59 renumbered as sub-Section (1) thereof by Act 4 of 1986, Section 2 and Sch. (w.e.f. 15.5.1986).] [The State Government may] [Substituted by A.O. 1937, for certain words.] [, by notification in the Official Gazette,] [Inserted by Act 4 of 1986, Section 2 and Sch. (w.e.f. 15.5.1986).] make rules consistent with this Act
(1)defining the acts which shall constitute prison-offences;
(2)determining the classification of prison-offences into serious and minor offences;
(3)fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;
(4)declaring the circumstances in which acts constituting both a prison-offence and an offence under the Indian Penal Code (45 of 1860) may or may not be dealt with as a prison-offence;
(5)for the award of marks and the shortening of sentences;
(6)regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;
(7)defining the circumstances and regulating the conditions under which prisoner in danger of death may be released;
(8)[ for the classification of prisons, and description and construction of wards, cells and other places of detention; [Substituted by A.O. 1937, for Clauses (8) and (9).]
(9)for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons;]
(10)for the Government of prisons and for the appointment of all officers appointed under this Act;
(11)as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12)for the employment, instruction and control of convicts within or without prisons;
(13)for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14)for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15)for regulating the disposal of the proceeds of the employment of prisoners;
(16)for regulating the confinement in fetters of prisoners sentenced to transportation;
(17)for the classification and the separation of prisoners;
(18)for regulating the confinement of convicted criminal prisoners under section 28;
(19)for the preparation and maintenance of history-tickets;
(20)for the selection and appointment of prisoners as officers of prisons;
(21)for rewards for good conduct;
(22)for regulating the transfer of prisoners whose term of transportation or imprisonment is about to expire subject, however, to the consent of the State Government of any other State to which a prisoner is to be transferred;
(23)for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24)for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25)for the appointment and guidance of visitors of prisons;
(26)for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the [Code of Criminal Procedure, 1882 (10 of 1882)] [Now see the Code of Criminal Procedure, 1973 (2 of 1974).], and to the officers employed, and the prisoners confined, therein;
(27)in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28)generally for carrying into effect the purposes of this Act.
(2)[ Every rule made under this section shall be laid, as soon as may be after it is made, before the State Legislature.] [Inserted by Act 4 of 1986, Section 2 and Sch. (w.e.f. 15.5.1986).]
[Andhra Pradesh].- In its application to the State of Andhra Pradesh, in Section 59, for Cl. (5), substitute the following clause, namely:(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consequent shortening of the sentence.Andhra Pradesh Act 23 of 1958, Section 3 and Sch. (w.e.f. 1-2-1960).[Assam].- In its application to the State of Assam, in Section 59, for Cl. (5), substitute the following clause, namely:(5) for the award of marks, the suspension or remission and consequent shortening of sentences, and the grant of leave or emergency release and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoner may be granted leave or emergency release.Assam Act 1 of 1968, Section 2 (w.e.f. 16-2-1968).[Bihar].- In its application to the State of Bihar, in Section 59,(i) in Cl. (16), for the word transportation, substitute imprisonment for life; and(ii) in Cl. (22), the words transportation or shall be omitted.Bihar Act 31 of 1956, Section 8 (w.e.f. 24-11-1956).[Goa, Daman and Diu].- In its application to the Union territory of Goa, Daman and Diu, in Section 59, after Cl. (28), insert the following clauses, namely:(29) for release on parole or furlough and determining the conditions on which and the authority by which prisoners may be released on parole or furlough;(30) All rules made under this section shall be laid on the table of the Legislative Assembly as soon as may be, after they are made and shall be subject to such modifications as the Assembly may make during the session in which they are laid or the one immediately following.Goa, Daman and Diu Act 5 of 1968, Section 3 (w.e.f. 21-3-1968).[Gujarat].- Same as that of Maharashtra.Gujarat Act 11 of 1960, Section 87; Gujarat A.L. (8th Amdt.) Order, 1961.[Kerala].- In its application to the State of Kerala, in Section 59, after the words the State Government may make rules consistent with this Act, insert either prospectively or retrospectively.Kerala Act 10 of 1976, Section 2 (w.r.e.f. 10-10-1972).[Maharashtra].- In its application to the State of Maharashtra, in Section 59, for Cl. (5), substitute the following clause, namely:(5) for the award of marks, the suspension, or remission and consent shortening of sentences, and the grant of release on parole or furlough and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoners may be released on parole or furlough.Bombay Act 23 of 1959, Section 3 (w.e.f. 1-6-1959).[Orissa].- In its application to the State of Orissa, in Section 59, for Cl. (5), substitute the following clause, namely:(5) for the award of marks, granting remission or furlough, determining the conditions on which and the authority by which such remission or furlough shall be granted and the consent shortening of the sentence.Orissa Act 29 of 1958, Section 6 (w.e.f. 19-11-1958).[West Bengal].- In its application to the State of West Bengal, in Section 59,(a) Cl. (16) shall be omitted;(b) in Cl. (22), the words transportation or shall be omitted.West Bengal Act 22 of 1957, Section 9 (w.e.f. 6-1-1958).
[60] [This section had been incorporated with slight modifications in clauses (8) to (27) of section 59.]. Power of Local Government to make rules.- [Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.]