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State of Goa - Section

Section 31 in Goa Prisons Rules, 2006

31. Functions and duties of Superintendent.

- The Superintendent shall -
(1)make himself thoroughly acquainted with the Act and rules, regulations and orders relating to the prison, and be responsible for the due observance thereof and for the correct execution of all sentences of prisoners committed to his charge;
(2)personally ensure that all aspects regarding the prisoners sentenced to death are taken care of and shall be present whenever a capital punishment is executed and shall send the execution report in Form XXXX;
(3)(i)be in charge of the jail and all officers will be subordinate to him;(ii)generally supervise over security and custody arrangements of prisons and prisoners;
(4)have custody of secret and confidential documents and ensure that all statutory and other records are correctly and systematically maintained, kept up-to-date and are preserved;
(5)plan, organize, guide, co-ordinate, supervise and control the implementation of all Institutional programs for training and treatment of prisoners and operations about care and welfare of prisoners like counselling, education and guidance, required for correctional administration as per instructions issued by the Inspector General from time to time;
(6)be responsible for custody of all warrants and shall arrange the calculation of the sentences correctly for arriving at the date of release, considering all factors like, two or more sentences running consecutively, unexpired sentence of an escaped convict and date of release of prisoners, sentence of imprisonment in default of fine, reversal or modification of sentences on appeal or retrial and any other circumstances and to ensure strict enforcement of their terms and that no prisoner on any account be released before his due time or kept in prison beyond the termination of his sentence;
(7)see that all prisoners are counted in his presence once a month, but not always on a fixed day, or at the same hours, and shall personally ascertain and satisfy himself that all prisoners who ought to be in the prison are actually there;
(8)visit the prison and especially prisoners in cells and solitary confinement at least once every working day shortly after sunrise and in any case before 10 a.m. and also on Sundays and holidays, if necessary and to take weekly night inspection round as well as daily surprise round at odd intervals to different parts of the prison;
(9)monitor the sick prisoners to ensure that preventive and curative measures are taken for the good health of prisoners and see that proper arrangements are made for the safe custody of the sick prisoners and others and that discipline is maintained, as far as it is consistent with the medical treatment prescribed;
(10)inspect and supervise production programs by checking stock book of raw materials and stock book of manufactured articles with reference to various works and employment of prisoners;
(11)inspect the prison activities in every part of the prison including kitchen, canteen, barracks, yards, cells, latrines once a week on any day and shall also occasionally inspect the quarters of the subordinates officers, preferably in the presence of the officer concerned. He shall also frequently visit the prison garden to see that the vegetables supplied to the prisoners are perfectly fresh and wholesome;
(12)invariably visit the women's prison or women's section of the prison everyday at some convenient times, and see whether there is any complaint from any female prisoner. He shall keep a record of such visit in the gate register as in Form XXVI of the women's prison or as the case may be, of the women's section of the prison and shall note the time of his visit and instructions, if any, in Superintendent's order Book as in Form XIII;Explanation. - A gate register shall be maintained for the women's prison or as the case may be for the women's section of the prison and finding of enquiries in respect of every visit paid to such prison or section by any person other than the women Jail officials on duty, shall be recorded therein.
(13)(i)give special attention in consultation with Inspector General and the Government to the prisoners sentenced to death in matter of their confinement, guarding, search, removal out of prison, diet, punishment, interviews, canteen and general facilities, appeals and mercy petitions;(ii)maintain every day record of the observation of such prisoners and regularly consult the medical officer when necessary. The Superintendent shall keep the Government informed whenever pregnancy is observed in case of women prisoners and act as per the order of the Government;(iii)make arrangement for execution and shall observe all care and procedures as may be laid down by the Government after final confirmation of sentence if mercy petition is rejected and the Government fixes the date of execution;
(14)take special care regarding the delivery of child in the prison, the children of women prisoners, their diet, clothing and all other amenities of women prisoners as may be laid down by the Government;
(15)hold inspection parade of all prisoners in the prison either in one lot or in suitable batches in such a way that every prisoner at least once a week, gets an opportunity of putting up personally to the Superintendent any grievance or complaint about assault, or ill-treatment, or any request for additional interviews, or letters under rules 244 and 255.Explanation. - Every prisoner shall have his clothing, bedding and equipment arranged in line before him at their parade. Nothing in this rule shall debar a prisoner from making a complaint or application to the Superintendent at any time otherwise than on the occasion of the weekly parade. It shall be the duty of every executive officer or Jail Guard to produce before the Superintendent without unnecessary delay any prisoner desiring to see the Superintendent:Provided that the Assistant Jailor in charge of the circle or yard may for sufficient reason abstain from so producing the prisoner before the Superintendent, but shall as soon as possible inform the Superintendent of his having done so.
(16)attend to personal matters, staff welfare and staff discipline, allocate duties to personal under his control, look after safety of the prison personal, protect human dignity and rights, provide decent work conditions, acquaint institutional personal with current policies of correctional administration and the role they have to play in a welfare state, organize personal training programes at the institutional level;
(17)on the outbreak of cholera or of any epidemic disease, at once submit a report to the Inspector General, the District Magistrate and the Director of Health Services and shall forward a daily report so long as the disease prevails amongst the prisoners;
(18)(a)be responsible to take sufficient measures for preventing and controlling emergency situations like(i)Escape from prison(ii)Outbreak(iii)Riots(iv)Strikes(v)Hunger Strikes (individual or mass)(vi)Assault(vii)Suicide(viii)Accidents(ix)Fire(x)Epidemic(xi)Food poisoning(xii)Overcrowding(xiii)Failure of water supply, electric lighting arrangements, and other essential prison services like conservancy and plumbing(xiv)Non-supply of food or raw materials resulting in the interference of prison routine(xv)Natural calamities like flood and earthquake etc.(xvi)Terrorist Attack(xvii)Bomb Explosion(xviii)War/Bombing(xix)Chemical Disasters(xx)Nuclear Disasters.(b)also keep a contingency plan ready to meet all emergency situations;
(19)require every necessary precaution to be taken for preventing escape and shall cause a daily examination to be made of the doors, windows, bars and bolts and withdraw from use any locks, the keys of which have been lost, mislaid or tampered with;
(20)ensure the highest possible degree of cleanliness in every part of the prison and also with respect, to the persons of the prisoners, their clothing, bedding and eating utensils; and take, as far as possible, surprise rounds at odd intervals to the different parts of the prison;
(21)cause to be affixed in a conspicuous place near the prison gate a notice to be printed in legible characters in English and in the regional language, cautioning persons from bringing or attempting to bring prohibited articles, under rule 117 in the chapter VII - "Prisons Discipline", into the prison or giving or attempting to give such articles to prisoners outside the prison, and notify in a similar manner that no person other than an officer or a visitor of the prison shall communicate or attempt to communicate, with a prisoner by word of mouth or otherwise except with his permission in writing transmitted through an officer;
(22)before passing a demand or an indent or submitting it to the Inspector General, where his sanction is required, carefully examine it and see that every department of the prison is run with utmost economy;
(23)see that no article for use in the prison is purchased unless full details thereof have been entered in the Requisition Book as in Form XXVII and the entries are initiated by the concerned official and by himself;
(24)see that all expenditure on account of the prison is met either from the permanent advance or money drawn on abstract bills from the Treasury and not from any private funds and shall not allow borrowing or lending from one head to another in the prison accounts unless supported by valid reasons to be recorded by him in Superintendent's Order Book in Form XIII;
(25)be personally responsible for the prompt payment of bills for goods supplied to the prison, and shall see that small cash payments to local suppliers are made by sending money with a reliable Jail Guard;
(26)ensure that detailed bills submitted to the Inspector General contain every item of expenditure incurred during the month, and no payment is as far as possible, left to be adjusted or charged for in subsequent months;
(27)prescribe in Superintendent's Order Book in Form XIII, the different duties which shall be performed by every Jailor and Assistant Jailor, care being taken to see that he is allotted a fair share of the work and that those portions of the work which he is most suited for are assigned to him as far as possible and that every Assistant Jailor is given an opportunity to learn the duties of the Jailor;Explanation.- Duties shall be allotted to a Jailor in such a way that he is put in charge of not more than 250 prisoners as far as possible;
(28)shall disburse daily allowance, subsistence allowance, bus and railway fares etc., to release prisoners and to attest in cash book, permanent advance register and prisoner's cash property register;
(29)attend to release of prisoners on bail, appeals, fine payments etc., and check appeal registers;
(30)attend to correction of sentences;
(31)produce prisoners in court and may arrange video-conferencing as may be feasible;
(32)check the ration stock book and verify the ration articles on purchase and shall at least twice in a week, check the rations issued to the kitchen and satisfy himself that the correct quantity is issued;
(33)check that all rules and instructions etc., are being followed at locking time, that sufficient guards are posted for the security, that head guards are detailed for tell tale clock (time punching machine - a mechanical device for recording attendance) duties, that proper lighting is there and also ensure spare tell tale clock is always kept ready. This he will attend to once in a week;
(34)supervise once in a fortnight the lockup of high security prisoners like condemned prisoners, naxalites, terrorist prisoners, notorious prisoners etc., and shall ensure that the placement of jail guards is sufficient and supervise the guarding and lodging of condemned prisoners regularly covering all the aspects;
(35)segregate prisoners having escape tendencies, discipline risks and prisoners of known bad character and to take appropriate precautionary measures;
(36)see that walls, buildings, gates, dormitories, cells, hospital or dispensary area and other places of the prison are properly secured and ensure a system of good lighting in and around the prison;
(37)supervise the work of his subordinate officers in respect of executive work attached to them along with the supervision of all the registers being maintained by them and initial them in token of having checked them and to ensure that pages in all registers and books of Forms etc., in use in prison are numbered and bear a certificate of pages at the end of such registers and books under his signatures;
(38)develop an institutional atmosphere conducive to the correctional role and providing leadership in every aspect of institutional management;
(39)satisfy himself, once a month that all money given to the Accountant in charge, for the purchase of articles required for the prison has been properly disposed of and duly accounted for, and that all money transactions connected with the prison industries have been brought to account;
(40)satisfy himself, at least once a month, that the credit allowed to purchasers of articles from prison industries, garden, or dairy does not exceed the limits fixed and also see that at the time of purchase of such articles, full name, rank and residence of purchaser is entered in the books. Credit may be allowed to well known persons for a period not exceeding three months;Explanation. - Generally no credit sale is allowed. However, credit may be allowed subject to prior approval of the Superintendent.
(41)keep a constant and careful watch over the receipts and expenditure in the prison;
(42)inspect his own office once a year in the month of June in the prescribed manner, examine and answer, in his own hand, all points of inspection, without assigning this work to a subordinate officer and pay personal attention to rectify the defects pointed out in inspection and audit reports;
(43)be free to communicate with the Inspector General in all matters relating to the prison and apprise him of every occurrence of importance;Provided that in the case of any emergency for which no provision has been made in these rules, the Superintendent shall take the orders of the Inspector General and shall in the meantime take such action, as he considers necessary and adequate in the circumstances:
(44)notify to the police the information, if any, received by him about the previous conviction of a prisoner;
(45)in the event of an accident resulting in an injury to a prisoner or a member of the staff on duty, hold an enquiry immediately and record the statements of the injured prisoner or member of the staff and other witnesses and in case of injury to a prisoner, specify in his monthly report to the Inspector General about such prisoner, the nature and cause of the injury, and state that an enquiry was held;
(46)ensure that professional services are available for maintenance of the buildings, carrying out agriculture and providing vocational training;
(47)ensure, by co-ordinating with concerned Government departments, that services necessary for medical care, welfare and correctional treatment, legal advice, education and counselling etc. are availed as may be required.
(48)ensure that the scales, weights and measures in use in the prison for distribution of provisions, stores and raw materials etc., are accurate and in proper order.
(49)ensure that all the prison equipment like handcuffs, arms, locks and alarm siren etc., are serviced and repaired periodically.
(50)cause physical verification of all the stores and properties in the jail once a year and shall record a certificate showing shortages and excesses, if any, submitting a copy of it to the Inspector General.
(51)receive and enquire into a complaint or application from a prison personnel or a prisoner.Assistant Superintendent: