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State of West Bengal - Section

Section 28 in The West Bengal Correctional Services Act, 1992

28. State Advisory Board for Correctional Services.—

(1)The State Government shall by notification constitute a State Advisory Board for Correctional Services (hereinafter referred to as the State Advisory Board) with the following members:—
(a)ex officio members
(i)the Secretary, Home (Jails) Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(ii)the Inspector General of Correctional Services;
(iii)the Secretary, Judicial Department, Government of West Bengal, or his nominee not below the rank of Joint Secretary to the Government of West Bengal;
(iv)the Deputy Inspector General of Police, Special Cell, Criminal Investigation Department;
(v)the Deputy Director of Social Education, Government of West Bengal;
(vi)the Head of the Department of Experimental Psychology, University of Calcutta;
(vii)the Headmaster, Borstal School, Berhampore;
(viii)the Superintendent, correctional Home for Women, if any;
(b)non-official members
(ix)five members of the West Bengal Legislative Assembly, nominated by the State Government, of whom, one shall be a woman and at least one shall belong to the Opposition in the West Bengal Legislative Assembly;
(x)two members of Parliament elected from West Bengal to be nominated by the State Government;
(xi)four persons considered to be persons of public importance in West Bengal or persons taking interest in social reform, nominated by the State Government, of whom one shall be a woman.
(2)The State Government shall appoint one of the non-official members to be the Chairman of the State Advisory Board. The Inspector General of Correctional Services shall be the ex officio Member-Secretary of the State Advisory Board.
(3)The State Advisory Board shall advise the State Government—
(a)on the matters concerning prevention, control and treatment of delinquency and crime;
(b)on the devising of ways and means for establishing greater co-ordination between the Departments of—
(i)Home (excluding Jails Branch),
(ii)Home (Jails),
(iii)Judical,
(iv)Social Welfare,
(v)Education, and
(vi)Health and Family Welfare, of the State Government;
(c)on the measures for eradication of vices of corruption, smuggling, sexual depravity, and ill-treatment of prisoners (including extraction of money from the prisoners’ relatives);
(d)on the tackling of disturbances and riots in correctional homes, escape from correctional homes, concerted actions like strike or hunger-strike by prisoners or members of the staff and other emergent situation;
(e)on any other matter of public interst.
(4)The State Advisory Board shall hold at least four meetings in a year. In the case of outbreak of serious disturbance anywhere in the State, the Member-Secretary shall convene special meetings of the State Advisory Board and apprise the members of the details of the situation. The minutes of the proceedings of the meetings shall be recorded in the minute book.
(5)The members of the State Advosory Board shall have right to visit any correctional home and talk to or interrogate any prisoner. The officers of the correctional home concerned shall furnish any information as may be required by any member of the State Advisory Board during such visit. If any prioner desires to speak privately to any member of the State Advisory during his visit so that no official may hear him, the Superintendent of the correctional home shall allow him such facility and the prisoner shall not be subjected to any rigor or victimization even if the prisoner gives any information which transpires to be incorrect.
(6)Six members of the State Advisory Board shall form a quorum.
(7)The non-official members of the State Advisory Board shall hold office for a term of three years from the date of the first meeting of the State Advisory Board after it is constituted and shall be eligible to be reappointed.
(8)The non-official members of the State Advisory Board shall receive such allowances as may be prescribed.
(9)The appointment of a member in a casual vacancy caused by death, resignation or otherwise, shall be notified in the Official Gazette.