The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008VOL - XLVI Aizawl, Wednesday 4.10.2017 Aserina 12, S.E. 1939, Issue No. 591 Short title and comme nce me nt. NOTIFICATIONNo. H. 12017/55/2016-LJD, the 18th September, 2017.The following Act is hereby republished for general information.“ The Taxation Law (Amendment) Act, 2017 (Act No. 18 of 2017)”. Vincent Lalrokima, Depu ty Secr etary to the Govt. of Mizoram. THE TAXATION LAWS (AMENDMENT) ACT, 2017 AN ACTfurther to amend the Customs Act, 1962, the Customs Tariff Act, 1975, the Central Excise Act, 1944, the Central Sales Tax Act, 1956, the Finance Act, 2001 and the Fina nce Act, 2001 and the Finance Act, 2005 a nd to r epeal certain enactments. Be it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:- 1.(1)This Act ma y be ca lled the Taxation La ws (Amendment) Act, 2017. (2) It shall come into for ce on su ch date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates ma y be appointed for different provisions of this Act andany reference in a ny such provision to the commencement of this Act shall be constructed as a refer e to the commencement of that provision. - 2 - CHAPTER I CUSTOMS 2. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 2, in clause (11), after the words, “the area of a Customs station”, the words “or a war ehouse” shall be inserted. 3. In the Customsm Act, after section 108, the following sections shall be inserted, namely:- “108A. (1) Any person, being- (a) a local authority or ot her public body or association; or (b) any authority of the State Government responsible for the collection of value added tax or sales ta x or any other tax relating t o the goods or services; or (c)a n income-tax a uthorit y appointed under the provisions of the Income tax Act, 1961; (d) a Banking company within the meaning of claus (a) of section 45A of the Reserve Bank of India Act, 1934; or (e) a co-operative bank within the meaning of clause (dd) of section 2 of the Deposit Insurance and C redit Guarantee Corpor ation Act, 1961; or (f) a financial institution within the meaning of cla use (c), or a non-banking fina ncial company within the meaning of clause (f), of section 45-I of the (g) a State Electricity Boa rd; or a n elect ricity distribution or transmission license under the Electricity Act, 2003, or any other entity entrusted, as the case may be, with such functions by the Central Government or the State Government; or (h) the Registrar or S ub-R egistrar a ppointed under section 6 of the Registration Act, 1908; or (i) a Registrar within the meaning of the Compa nies Act, 2013; or (j) the registering authority empowered to register motor vehicles under Chapter IV of the M otor Vehicles Act, 1988; or (k) the Collector referred to in clause (c) of section 3 of the Rights to Fair Compensation and Transparency in La nd Acquisition, Rehabilitation and Resettlement Act, 2013; or (l) the recognised stock exchange referred to in clause (f) of section 2 of the Securit ies Contracts (Regulation) Act, 1956; or (m) a depository referred to in cla use (e) of sub-section (l) of section 2 of the Deposit ories Act, 1996; or (n) the Post Master Genera ll within the meaning of clause (j) of section 2 of t he India n Post Office Act, 1898; or (o) the Dir ector General of Foreign Trade within the meaning of clause (d) of section 2 of the Foreign Trade (Development and Regula tion) Act, 1992; or (p) the General Ma nager of a Zonal Railway within the meaning of clause (18) of section 2 of the Ra ilways Act, 1989; or (q) an officer of the Reserve Bank of India cons tituted under section 3 of the Reserve Bank of India Act, 1934, who is resp onsible for ma intaining record of r egistra tion or statement of accounts or holding any other information under any of the Acts specified above or under any other law for the time being in force, which is consider ed relevant for the pur pose of this Act , shall furnish such information to the proper officer in such ma nner as may be prescribed by r ules made under this Act. Amendment of section 2.52 of 1962. Inse rtion of new sections 108A and 108B. Obligation to furnish information. 43 of 1961. 2 of 1934. 47 of 1961. 2 of 1934 36 of 2003. 16 of 1908. 18 of 2013. 59 of 1988. 30 of 2013. 42 of 1956. 22 of 1996. 6 of 1898. 22 of 1992. 24 of 1989. 2 of 1934. Ex-591/2017 (2 ) Where the proper officer considers that the information fur nished under sub-s ection (1) is detective, he may intimate the defect to the person who has furnished such information a nd give him an opportunity of rectifying the defect within a period of seven da ys from the date of s uch intimation or within such further period which, on an application made in this behalf, the proper officer may allowed and if the defect is not rectified within the said period of seven days or, further period, as the case may be, so allowed, then, norwithstanding anything contained in any other provisions of this Act, such information shall be deemed as not furnished and the provisions of this Act shall apply. (3) Where a person who is requir ed to furnish information has not fu rnished the s a me wit hinb t he t ime s p ecified in s u b -s ect ion (1 ) o r s u b -s ect ion ( 2 ), t he p r op er officer may serve upon him a notice requiring him to furnish such information within a period not exceeding thir ty days from the date of service of the notice and such person shall furnish such information. 108B. Where the person who is required to furnish information u nder section 108A fails to do so within the period specified in the notice issued under sub-section (3) thereof, the pr oper officer ma y direct such person t o pay, by way of penalt y, a sum of one hundred rupees for each day of the period during which the failur e to furnish such infor mation continues.” CHAPTER II CUSTOMS TARIFF 4.In the Customs Tariff Act, 1975, in section 3,- (a) in sub-section (2),- (i) in clause (ii), for item (a), the following item shall be substituted, namely:- “(a) the duty referred to in sub-sections(1), (3), (5), (7) and (9);”; (ii) in the proviso, in su b-clause(b), item (ii) shall be omiited; (b) in sub-section (6), in clause (ii), for item (a), the following item shall be substituted, namely:- “(a) the duty refer red to in sub-s ections (5), (7 ) and (9);”; (c) for sub-sections (7) and (8), the following sub-sections shall be substituted, namely:- “(7) Any article which is imported into India shall, in addition, be liable to integrated tax a t such rate, not exceeding forty percent as is leviable under section 5 of the Integrated Goods and Services Tax Act , 2017 on a like article on its supply in India, on the value of the imported article as determined under sub-section (8). (8) For the purposes of calculating the integrated tax under sub-section (7) on any imported article where such ta x is leviable a t any percentage of its value, the value of the imported article shall, notwithstanding anything cont ained in section 14 of the Customs Act, 1962, be the aggregate of- (a) the value of the imported article determined under sub-section (1) 14 of the Customs Act, 1962, be the aggregate of-of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that articlePenalty for failure to furnish in- formati on return. Amendment of section 3. 51 of 1975. 52 of 1962. 52 of 1962. 52 of 1962.- 3 - Ex-591/2017 under any law for the time being in for ce as a n addit ion to, and in the sa me ma nner a s, a duty of customs, but does not include the tax referred to in sub-section (7) or the case referred to in sub-section (9). (9) Any article which is imported into India sha ll, in addition, be liable to the goods and services t ax compensation cess a t such r ate, as is leviable under section 8 of the Goods and Services Tax (Compensation to Sta tes) Cess Act, 2017 on a like ar ticle on its supply in India, on the value of the imported article as determined under sub-s ection (10). (10) For the purposes of calculating the goods and services tax compensation cess uder sub-section (9) on any imported article where s u ch c es s is levi a b le a t a ny p er cent a ge of it s va lu e, t he va lu e of t he imp or t ed article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, be the a ggregate of- (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of tha t section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that article under any law for the time being in for ce as a n addit ion to, and in the same manner as , a duty of customs, but does not include the tax referred to in su b-section (7) or the ca ses r eferr edd to in sub-sect ion ( 9). (11) The duty or ta x or cess, as the case may b e, chargeable under this section shall be in addition to any other duty or tax or cess, as the case may be, imposed under this Act or under any other law for the time being in force. (1 2) The p rovisions of the Customs Act, 1962, a nd the r ules a nd regulations made thereunder, including those relating to drawbacks, refunds and exemption from duties shall, so far a s may be, apply to the duty or tax or cess, as the case may be, chargeable under this section as they apply in relation to the duties levia ble under this Act”. CHAPTER III CENTRAL EXCISE 5. In the Central Ex cise Act, 1944 (her einafter r eferred to as the Central Ex cise Act),in section 2, - (a) in clause (d), for the words and figures “the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985”, the words “the words” the Fourth Schedule” sha ll be substituted: (b) in clause (e) the wor ds “other tha n salt” shall be omit ted; (c) in clause (f), in sub-clause (ii), for the words and figures “the First Schedule to the Central Excise Tariff Act, 1985”, the words “the Fourth Schedule” shall be substituted 6.In the Central Excise Act, for section 3, the following section shall be substituted, namely:- “3. (1) There shall be levied and collected in such manner as may be prescribed a duty of excise to be called the Centr al Value Added Tax (CENVAT)52 of 1962. 52 of 1962. Amendment of section 2. Substitution of new section for section 3.1 of 1944. 5 of 1986. 5 of 1986. Duty specified in the Fourth Sch e d - ule to be levied.- 4 - Ex-591/2017 on all excisable goods (excluding goods p roduced or manufactured in special econmic zones) which a re produced or manufactured in India as, a nd at the rates, set forth in the Four th Schedule: Provided tha t the duty of excise which shall be levied a nd collected on any excisable goods which are produced or ma nufactured by a hundred per cent. export oriented undertaking and brought to any other place in India, shall be an amount equa l to the aggregate of the duties of customs which would be leviable under the Customs Act, 1962 or any other law for the time being in for ce, on like goods produced or manufactured outside India if impor ted into India , and where the said duties of customs are chargeable by reference to their value, the value of s uch excisable goods shall, notwithstanding anything cont ained in any other provisions of this Act, be deter mined in accor dance with the provisions of the Customs Act, 1962 and the Customs Tariff Act, 1975.Explantion 1. - Where in respect of any such like goods, any duty of customs leviable for the t ime being in for ce is levia ble at different rates, then, such duty shall, for the pur poses of this proviso, be deemed to be levia ble at the highest of t hose ra tes. Explanation 2. - For the purposes of this sub-section,- (i) “hundred per cent, export-oriented undertaking” means an undertaking which has been approved as a hundred per cent, export-oriented undertaking by the Board appointed in this behalf by the Central Government in excercise of the powers conferr ed by section 14 of the Industries (Development and Regulation) Act, 1951, and the rules made under that Act. (ii) “Specia l Economic Zone” shall have the meaning assigned to it in clause ( za) of section 2 of the Special Economic Zones Act, 2005. (2) The provisions of sub-section (1) shall apply in respect of all excisable goods which are produced or manufactured in India by or on behalf of the Government, as they apply in respect of goods which are not produced or manufactured by the Government. (3) The Central Government may, by notification in the Official Gazette, fix, for the purposes of levying the said duty, tariff values of any articles enumerated, either specifically or under general headings, in the Fourth Schedule as chargeable with duty ad valorem and may alt er any tariff a ny tariff values for the time being in force. (4) The Central Government may fix different tar iff values- (a) for different classes or descriptions of the same excercisable goods; or (b) for exercisable goods of the same class or description- (i) produced or manufactured by different classes or produces or manufacturers; or (ii) sold to different classes of buyers: Provided tha t in fixing different t ariff values in respect of excisable goods falling under sub-clause (i) or sub-clause (ii), regar d shall be had to the sale prices charged by the different classes of producers or manufa cturers or, as the case may be, the normal practice of the wholesale tra de in s uch goods”. 7. In the Central Excise Act, in s ection 3A, in Explana tion 1, for the words and figure, “First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985”, the words “ Fourth Schedule” sha ll be substituted. 52 of 1962. 51 of 1975. 65 of 1951. 28 of 2005. 5 of 1986.Amendment of section 3A. - 5 - Ex-591/2017 8.In t he Centr al Excise Act, after section 3A, the following sections shall be inserted, namely:- “3B. (1) Where, in respect of any goods, the Central Government is satisfied that the duty leviable thereon under section 3 should be increased a nd that circumstances exist which render it necessary to take immediate action, the Central Government may, by notification in the Official Gazette, amend the Fourth Schedule to substit ute the rate of duty specified therein in respect of such goods in the following manner, namely:- (a) in a ca se where the rate of duty as specified in the Four th Schedule as in force immediately before the issue of such notification is nil, a rate of duty not exceeding fifty per cent.ad valorem expr essed in any for m or method; (b) in any other ca se, a r ate of duty which sha ll not be more than twice the rate of duty specified in respect of such goods in the Four th Schedule as in force immediately before the issue of the said notification. Provided tha t the Central Government shall not issue any notification under sub-section for substituting the r ate of duty in respect of any goods as specified by an earlier notification issued under this sub-section by that Government before such earlier notification has been approved with or without modifica tions under sub-section (2). Explanation. - For the purposes of this sub-section, the term “form or method”, in r elation t o a ra te of duty of excise, means the basis, including valua tion, weight, number, length, area, volume or any other measure, on which the duty may be levied. (2) Every notification under sub-s ection (1) shall be laid befor e each House of Parliament, if it is in section, as soon as may be after the issue of the notification, and, if it is not in session, within seven days of its re-assembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning wit h the day on which the notification is so laid before the House of the People and if Parliament makes any modification in the notification or dir ects that the notification should cea se to have effect, the notification sha ll thereafter have effect only in such modified form or be of no effect, a s the ca se may be, but without prejudice to the validity of a nything previously done thereunder. (3) Any notification issued under sub-section (1), inclu ding a notifica tion appr oved or modified under sub-section (2), may be rescinded by the Central Government at any time by issuing notification in the Official Gazette. 3C. (1) Where the Central Government is satisfied that it is necessar y so to do in the public interest, it may, by notification in the Official Ga zette, a mend the Fourth Schedule: Provided that such amendment sha ll not a lter or affect in any manner the rates specified in the Fourth Schedule at which the duties of excise shall be leviable on the goods specified therein.” 9. In the Central Excise Act, in section 38, after the word, figure and letter “section 3A”, the word, figure and letter “section 3C” shall b e inserted. 10.In t he Centr al Excise Act, after section 38A, the following section shall be inserted, namely:— Insertion of new sections 3B and 3C. Emergency power of Central Governme nt to increase duty of excise. Power of Central Government to amend Fourth Schedule. Amendment of section 38. Inse rti on of a new section 38B.- 6 - Ex-591/2017 “38B. Notwithstanding the repeal of the Central Excise Tariff Act, 1985 by sub-section (1) of section 174 of the Central Goods and Services Tax Act, 2017, any reference to t he Chapter, heading, sub-hea ding or tariff item, as the case may be, in the First Schedule to the said Act or in any rules or regulations made thereunder, or in any notification, circular, order or instruction issued ther eunder, shall mean a reference to the Chapter, heading, sub-heading or tariff item, as the case may be, in the Fourth Schedule.”. 11. In the C entral Excise Act, for the Thir d Schedule, the Schedule s pecified in the First Schedule shall be substituted. 12. In the Cent ral Excise Act, after the Thir d Schedule, the Schedu le specified in t he Second Schedule shall be inserted. CHAPTER IV CENTR AL SALES TAX 13. In the Cent ral Sales Tax Act, 195 6 (her einafter referred to as the Central Sales Tax Act), in section 2,— (a) clause (c) shall be omit ted; (b) for clause (d), the following clause shall be substituted, namely:— ‘(d) “goods” means— (i) petroleum cr ude; (ii) high s peed diesel; (iii) motor spirit (commonly known as petr ol); (iv) natural gas; (v) aviation turbine fuel; and (vi) alcoholic liqu or for human consumption;’. 14. In the Central Sales Tax Act, section 14 shall be omitted. 15. In the Central Sales Tax Act, section 15 shall be omit ted. CHAPTER V MISCELLANEOUS 16. In the Finance Act , 2001, in the Seventh Schedule,— (a) except tariff items 2402 20 10, 2402 20 20, 2402 20 30, 2402 20 40, 2402 20 50, 2402 20 90, 2402 90 10, 2403 11 10, 2403 19 10, 2403 19 21, 2403 19 29, 2403 19 90, 2403 91 00, 2403 99 10, 2403 99 20, 2403 99 30, 2403 99 40, 2403 99 50, 2403 99 60, 2403 99 90 and 2709 00 00 and the entries relating thereto, all other heading, sub-hea ding, ta riff items and entries relating thereto shall be omitted; (b) for tariff item 2709 00 00 and the entries relating thereto, the following tariff item and entries shall be substituted, namely:— (1)(2)(3)(4) “27092000Petroleum Cr udeKg.Rs.50per tonne”. 17. In the Finance Act, 2005, in the Seventh Schedule, tariff item 2106 90 20 and the entries relating thereto shall be omit ted.Savings of refer- ences to Chap- ter, he ading, sub-he ading and tariff item in Central Excise Tariff Act, 1985. 5 of 1986. Substitution of new Schedule for Third Schedule. Insertion of Fourth Schedule. Amendment of section 2. 74 of 1956. Omission of section 14. Omission of section 15. Amendment of Seventh Schedule to Act 4 of 2001. Amendment of Seventh Schedule to Act 18 of 2005. - 7 - Ex-591/2017 18. (1) The ena ctments specified in the thir d column of the T hird Schedule are hereby repea led to the extent specified in the fou rth column thereof. (2) Notwithstanding the repeal under sub-s ection (1), such repea l shall not— (a) affect any other law in which the repealed enactment has been applied, incorporated or r eferred to; (b) affect the validity, invalidity, effect or consequences of anything already done or suffered or any right, title, obligation or liability already acquired, accrued or incurred or any r emedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already gra nted, or the proof of any pa st act or thing under the repealed enactment; (c) affect any pr inciple or rule of la w, or established jur isdiction, for m or cour se of pleading, practice or procedur e, or existing usage, custom, privilege, restr iction, exemption, office or a ppoint ment, notwithstanding that the sa me resp ectively may have been in any manner affir med or recognised or derived by, in or from any enactment hereby repea led; (d) revive or rest ore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, pract ice, pr ocedure or other matter or thing not now existing or in force. (2) The mention of particular matters in s ub-section (1) shall not be held to prejudice or affect the gener al applicat ion of section 6 of t he General Cla uses Act, 1897, with regard to the effect of repeals. 19.Notwithstanding the repeal of the enactments specified in the Third Schedule, the proceeds of duties levied under the said ena ctments immediately pr eceding the date appointed under sub-section (2) of section 1,— (i) if collected by the collecting agencies but not paid into the Reserve Bank of India ; or (ii) if not collected by the collecting agencies, sha ll be paid or as the case may be, collected and paid into the Reserve Bank of India for being credited to the Consolidated Fund of India. THE FIRST SCHEDULE (See section 11) “THE THIRD SCHEDULE [See section 2 (f)(iii)] NOTES 1. In this Schedule, “heading”, “sub-heading” and “tariff item” mean respectively, a heading, sub-heading and tariff item in the Four th Schedule. 2.The rules for the interpret ation, the Sect ion, Chapter Notes and the General Explanatory Notes of the Fourth Schedule shall a pply to the interpreta tion of this Schedule. Sl.No. Heading, Sub-heading or Tariff itemDescription of goods 1.2402 20 10 to 2402 20 90All Goods 2.2403 99 10, 2403 99 20, 2403 99 30Chewing toba cco and preparations conta ining chewing ta bacco 3.2403 99 90Pan masala containing tobacco”.Repeal and savings of certain enactments. Collection and payment of arrears of duties.Ame ndme nt of section 3A.10 fo 1897. - 8 - Ex-591/2017 THE SECOND SCHEDULE (See section 12) “THE FOURTH SCHEDULE [See section 2 (d) and 2 (f) (ii)]General Rules for the interpretation of this Schedule Classifica tion of goods in this Schedule sha ll be governed by the following principles: 1. T he titles of Sections, Chapters and Sub-Chapters are provided for ease of reference only; for legal purposes, cla ssification sha ll be determined accor ding to the terms of the headings and a ny relative Sections or Chapter Notes and, provided such headings or Notes do not otherwise requir e, according to the following provisions. 2. Any reference in a heading— (a) to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that ar ticle complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled; (b) t o a ma t er ial or s ub s ta nce s ha ll b e t a ken to include a r eference t o mix t u res or combinations of that ma terial or substance with other materials or substances. Any reference to goods of a given materia l or substance shall be taken to include a reference to goods cons isting wholly or partly of such material or substa nce. The classification of goods consisting of more tha n one ma terial or substance shall be according t o the principles of rule 3. 3. When by a pplication of clause (b) of r ule 2 or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:— (a) the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more hea dings ea ch refer to pa rt only of the materia ls or substances conta ined in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are t o be regarded as equa lly specific in relation to those goods, even if one of them gives a more complete or precise description of the goods; (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which ca nnot be classified by r eference to clause (a ), shall be classified as if they consisted of the materia l or component which gives them their essential cha racter, insofa r as this criterion is applicable; (c) when goods cannot be classified by reference to clause (a ) or clause (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. 4. Goods which cannot be classified in accor dance with the above rules shall be classified under the heading appropr iate to the goods to which they are most a kin. 5. For legal purposes, the classification of goods in the sub-headings of a heading shall be determined according to the terms of those sub-headings and any related- 9 - Ex-591/2017 sub-heading Notes a nd, mutatis mutandis, to the above rules, on the understanding that only sub-headings at the same level are comparable. For the purposes of this rule, the relative Chapter Notes a lso apply, unless the context otherwise requires.Gener al Expla natory Notes 1. Where in column (2) of this Schedule, the description of an article or group of articles under a heading is preceded by the said article or group of articles shall be taken to be a sub-classification of the article or group of ar ticles covered by the said heading. Where, however, the description of an article or group of ar ticles is preceded by the said article or group of ar ticles shall be taken to be a sub-classifica tion of the immediately preceding description of the article or group of articles which has Where the description of an article or group of articles is preceded by “—” or “—”, the said article or group of articles shall be taken to be a sub-classification of the immediately preceding description of the article or group of articles which has “-” or “ “. 2. The abbr eviation “%” in column (4) of this Schedule, in relation to the rate of duty, indicates that the duty on the goods to which the entry relates shall be cha rged on the basis of the value of the goods fixed, defined or deemed to be, as t he case may be, under or in sub-section (2), read with sub-section (3) of section 3 or section 4 or section 4A of the Central Excise Act, 1944, the duty being equal to such percentage of t he value as is indicated in t hat column. Additional Notes In this Schedule,— (1) The expression,— (a) “heading”, in respect of goods, means a description in lis t of ta riff provisions accompanied by a four-digit number and includes all sub-headings of tariff items the first four-digits of which correspond to that number; (b) “sub-heading”, in respect of goods, means a descr iption in the list of tariff provisions accompanied by a six-digit number and includes all tariff items the first six-digits of which correspond to that number; (c) “ta riff item” means a descr iption of goods in t he list of tar iff provisions accompanying either eight-digit number and the rate of the duty of excise, or eight-digit number with blank in the column of the ra te of duty; (2) The list of tariff provisions is divided into Sections, Chapters and Sub- Chapters; (3) In column (3), the standard unit of quantity is specified for each ta riff item to facilitate the collection, compa rison a nd analysis of trade statistics; (4)”.... “ against any goods denotes tha t Centr al Excise duty under this Schedule is not leviable on such goods. List of Abbreviations used AbbreviationsFor 1. kg.Kilogram 2. TuThousand in number1 of 1944. - 10 - Ex-591/2017 SECTION IV TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTE In t his Section, the expression “ unit container” means a conta iner, whether large or s ma ll (for ex a mp le, t in , ca n, b ox , ja r, b ot t le, b a g o r ca r t on, dr u m, b a r r el or ca ni s t er ) designed to hold a predetermined quantity or number. Chapter 24 TOBACCO AND MANUFACTURED TOBACCO SUBSTITUTES NOTES 1. In this Chapter, “brand name” means a brand name, whether registered or not, that is to say, a name or a mark, such as a symbol, monogra m, label, signa ture invented words or any writing which is used in relation to a product, for the pur pose of indicating, or so as to indicate, a connection in the course of trade between the product and some person using such name or mark with or without any indication of the identit y of t hat person. 2. In relation to products of heading 2401or 2402 or 2403, labelling or relabelling of containers or repacking from bulk packs to retail pa cks or the adoption of any other treatment to render the product mar ketable to the consumer, shall amount to “manufacture”. 3. In this Chapter, “Pan masala containing tobacco”, commonly known as “gutkha” or by any other name, included in tariff item 2403 99 90, means any preparation containing betel-nuts and tobacco and any one or more of the following ingr edients, namely:— (i) lime; and (ii) kattha(catechu), whether or not containing any other ingredients, such ascardamom, copra and menthol. SUB-HEADING NOTE For the purposes of sub-hea ding 2403 11, the expr ession “ water pipe toba cco” means tobacco intended for smoking in a water pipe and which consists of a mixture of tobacco and glycerol, whether or not containing aromatic oils and extracts, molasses or sugar, a nd whether or not flavoured with fruit. However, tobacco-fr ee products intended for smoking in a water pipe are excluded from this sub-heading. SUPPLEMENTRY NOTES For the purposes of this Chapter: (1) “toba cco” means any form of tobacco, whether cu red or uncured and whether manufactured or not, and includes the leaf, stalks and stems of the tobacco plant, but does not include any pa rt of a tobacco plant while still attached t o the ea rth. (2) “cut-tobacco” means the prepared or processed cut-to-size tobacco which is generally blended or moisturised to a desired extent for use in the manufacture of machine-rolled cigarettes. (3) “smoking mixtures for pipes and cigarettes” of sub-heading 2403 10 does not cover “ Guda ku”.- 11 - Ex-591/2017 Tariff item Description of goodsUnit Rate of Duty (1) (2)(3)(4) 2401Unmanufactured Tobacco; Tobacco Refuse 2401 10- Tobacco, not stemmed or stripped : 2401 10 10 — Flue cured virginia tobaccokg.64% 2401 10 20 — Sun cured country (natu) tobaccokg.64% 2401 10 30 — Sun cured virginia tobaccokg.64% 2401 10 40 — Burley tobaccokg.64% 2401 10 50 — Tobacco for manufacture of biris, not stemmed kg.64% 2401 10 60 — Tobacco for manufacture of chewing tobaccokg.64% 2401 10 70 — Tobacco for manufacture of cigar and cheroot kg.64% 2401 10 80 — Tobacco for manufacture of hookah tobaccokg.64% 2401 10 90 — Otherkg.64% 2401 20- Toba cco, par tly or wholly stemmed or stripped : 2401 20 10 — Flue cured virginia tobaccokg.64% 2401 20 20 — Sun cured country (natu) tobaccokg.64% 2401 20 30 — Sun cured virginia tobaccokg.64% 2401 20 40 — Burley tobaccokg.64% 2401 20 50 — Tobacco for manufacture of biriskg.64% 2401 20 60 — Tobacco for manufacture of chewing tobaccokg.64% 2401 20 70 — Tobacco for manufacture of cigar and cheroot kg.64% 2401 20 80 — Tobacco for manufacture of hookah tobaccokg.64% 2401 20 90 — Otherkg.64% 2401 30 00 - Tobacco refusekg.50% 2402- Cigars, cheroots,cigarillos and cigarettes, of tobacco or oftobacco substitutes 2402 10- Cigars, cheroots a nd cigar illos, containing toba cco: 2402 10 10 - Cigar and cher ootsTu12.5%or Rs.4006 per thousand, whichever is higher 2402 10 20 - CigarillosTu12.5% or Rs.4006 per thousand, whichever is higher 2402 20 - Cigarettes, containing toba cco. 2402 20 10 - Other than filter cigarettes, of length notTu Rs.1280 per exceeding 65 millimetresthousand 2402 20 20 - Other tha n filter cigarettes, of length exceedingTu Rs. 2335 per 65 millimetres but not exceeding 70 millimetresthousand 2402 20 30 - Filter cigarettes of length (including the length of Tu Rs. 1280 per the filter, the length of filter being 11 millimetresthousand or its act ual length, whichever is more) not exceeding 65 millimetres 2402 20 40 - Filter cigarettes of length (including the length of Tu Rs. 1740 per the filter, the length of filter being 11 millimetres orthousand its actual length, whichever is more) exceeding 65 millimetres but not exceeding 70 millimetres- 12 - Ex-591/2017 2402 20 50 - Filter cigarettes of length (including the length of Tu Rs. 1740 per the filter, the length of filter being 11 millimetres orthousand its actual length, whichever is more) exceeding 70 millimetres but not exceeding 75 millimetres 2402 20 90 - OtherTu Rs. 3375 per thousand 2402 90- Other : 2402 90 10 - Cigarettes of tobacco substitutesTu Rs. 3375 per thousand 2402 90 20 - Cigarillos of tobacco substitutesTu 12.5 % or Rs. 4006 per thousand whichever is higher 2402 90 90 - OtherTu12.5% or Rs.4006 per thousand whichever is higher 2403- Other manufactured tobacco and manufactured tobacco substitutes; “Homogenised” or “Recon- stituted” tobacco; Tobacco extracts and essences - Smoking tobacco, whether or not containing tobacco substitute in any proportion; 2403 11- Water pipe tobacco specified in Sub-heading Note to this Chapter: 2403 11 10 - Hukkah or gudaku tobaccoKg.60% 2403 11 90 - OtherKg.60% 2403 19- Other 2403 19 10 - Smoking mixtures for pipes and cigarettesKg.360% - Biris: 2403 19 21 - Other than paper rolled biris, manufacturedTu. Rs. 12 per without the aid of machinethousand 2403 19 29 - OtherTu Rs. 80 per thousand 2403 19 90 - OtherKg.40% - Other: 2403 91 00 - “Homogenised” or “reconstituted” tobaccoKg.60% 2403 99- Other: 2403 99 10 - Chewing tobaccoKg.81% 2403 99 20 - Pr eparations containing chewing tobaccoKg.60% 2403 99 30 - Jarda scented tobaccoKg.81% 2403 99 40 - SnuffKg.60% 2403 99 50 - Pr eparations cont aining snuffKg.60% 2403 99 60 - Tobacco extracts and essenceKg.60% 2403 99 70 - Cut-tobaccoKg.Rs. 70 per kg. 2403 99 90 - OtherKg.81% - 13 - Ex-591/2017 SECTION V MINERAL PRODUCTS CHAPTER 27 MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES NOTES 1. References in heading 2710 to “petroleum oils and oils obtained from bituminous minerals” include not only petroleum oils and oils obtained from bituminous miner als, but also similar oils, as well as those consisting mainly of mixed unsaturated hydr ocarbons, obtained by any process, provided t hat the weight of the non-aromatic cons tituents exceeds that of the ar omatic constituents. However, the references do not include liquid synthetic polyolefins of which less than 60% by volume distils at 300°C, after conversion to 1,013 millibars when a reduced-pressure distillation method is used. 2. In relation to lubrica ting oils and lubricating preparations of heading 2710, labelling or relabelling of cont ainers or repacking fr om bulk packs to reta il packs or the adoption of any other treatment to render the product ma rketable to the consumer, shall amount to “manufacture”. 3. In relation to natural gas falling under heading 2711, the process of compression of natural gas (even if it does not involve liquefaction), for the purpose of marketing it a s Compr essed Natural Gas (CNG), for use as a fuel or for any other pur pose, shall amount to “manufacture”. SUB-HEADING NOTE For the pur poses of sub-heading 2 710 12, “light oils a nd prepa rations” are those of which 90% or more by volume (including losses) distil at 210°C (ASTM D 86 method). SUPPLEMENTARY NOTES In t his Cha pter, the following expressions have the meanings hereby assigned to them:— (1) “motor spirit” means any hydrocarbon oil (excluding crude mineral oil) which has its flash point below 25°C and which either by itself or in admixture with any other substance, is suitable for use as fuel in spark ignition engines. “Special boiling point spirits (tariffitems 2710 12 11, 2710 12 12 and 2710 12 13 )” means light oils, as defined in sub-hea ding Note 4, not containing any anti-knock prepar ations, and with a difference of not more than 60°C between the temperatures at which 5% and 90% by volume (including losses) distil; (2) “natural gasoline liquid (NGL)’’ is a low-boiling liquid petroleum product extracted from Natural Gas; (3)”aviation turbine fuel (ATF)” means any hydrocarbon oil conforming to the Indian Standards Specification of Bureau of Indian Standards IS : 1571:1992:2000; (4)”high speed diesel (HS D)” means any hydr ocar bon oil conforming to the Indian Standards Specifica tion of Bureau of India n Standards IS : 1460:2000; (5 ) for the pur poses of these a dditiona l notes, the tests prescribed have t he meaning hereby assigned to them:—- 14 - Ex-591/2017 (a) “Flash Point” shall b e deter mined in accor dance with the test pr escribed in this beha lf in the rules ma de under the Petroleu m Act,1 934; (b)”Smoke P oint” shall be determined in the apparatus known a s the S moke Point Lamp in the manner indicated in the Indian Standards Institution Specifica tion IS: 1448 (p. 31)-1967 for the time being in force; (c) “Final Boiling Point” shall be determined in the manner indicated in the Indian Sta ndards Instit ution Specification IS: 1448 (p .18)-1967 for the time being in for ce; (d) “Carbon Residue” shall be determined in the apparatus known as Ramsbottom Carbon Residue Apparatus in the manner indicated in the Indian Standards Institution Specification IS: 1448 (p. 8)-1967 for the time being in force; (e)”Colour Comparison Test ” shall be done in the following manner, namely:— (i) first prepare a five per cent. weight by volume solution of Potassium Iodine (analytical r eagent quality) in distilled water; (ii) to this, add Iodine (a nalytical reagent quality) in requisite amount to prepare an exactly 0 .04 nor mal Iodine solution; (iii) thereafter, compare the colour of t he miner al oil under test with the Iodine solution so prepa red. Tariff item Description of goodsUnit Rate of Duty (1) (2)(3)(4) 2709Petroleum oils a nd oils obtained fr omKg.... bituminous minerals, crude. 2709 10 00 - Petroleum oils and oilsK g . obtained fr om bituminous minerals 2709 20 00 - Petroleum crudeNil 2710- Petroleum oils a nd oils obtained fr om bit uminous minera ls, other than crude; preparations not elsewhere specified or included, conta ining by weight 7 0% or mor e of petr oleum oils or of oils obtained fr om bituminous minera ls, these oils being the basic constituents of the preparations; waste oils - - Petr oleum oils and oils obta ined from bituminous minerals (ot her than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obta ined fr om bituminous minerals, these oils being the basic constituents of the preparations, other than those conta ining biodiesel and ot her tha n waste oil 2710 12- Light oils and pr eparations: - Motor spirit (Commonly known as petr ol): 2710 12 11 - Special boiling point spirits (other than benzeneKg. 14%+Rs. toluol) wit h nomina l boiling point range 55-115C15.00 per litre 2710 12 12 - Special boiling point spirits (other than benzene, Kg14%+Rs toluene and toluol) with nominal boiling p oint15.00 per litre range 63-70 °C 2710 12 13 - Other Special boiling points spirits (other thanKg 14%+Rs. benzene, benzol, toluene and toluol)15.00 per litre- 15 - Ex-591/2017 2710 12 19 - OtherKg. 14%+Rs 15.00 per litre 2710 12 20 - Natural gasoline LiquidKg. 14%+Rs 15.00 per litre 2710 12 90 - OtherKg14%+Rs 15.00 per litre 2710 19- Other: 2710 19 10 - Superior Kerosene oil (SKO)Kg.….. 2710 19 20 - Aviation turbine Fuel (ATF)Kg.14% 2710 19 30 - High speed diesel (HSD)Kg. 14%+Rs. 15.00 per litre 2710 19 40 - Light Diesel oil (LDO)Kg..... 2710 19 50 - Fuel oilKg..... 2710 19 60 - Base oilKg..... 2710 19 70 - Jute batching oil and textile oilKg..... 2710 19 80 - Lubricating oilKg..... 2710 19 90 - OtherKg..... - Waste Oil: .... 2710 20 00 - Petroleum oils and oils obtained from bituminous Kg..... minerals (ot her than crude) and preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oil obta ined fr om bituminous minerals, these oils being the basic constituents of the preparations, containing biodiesel, other than waste oils 27109100 - Containing Polychlorinated biphenyls (PCBs),Kg..... polychlorinated terphenyls (PCTs) or polybrominated biphenyls (P BBs) 2710 99 00 - OtherKg.….. 2711- Petroleum gases and other gaseous hydrocarbons - L iquefied: 2711 11 00 - Natural gasKg.14% 2711 12 00 - PropaneKg..... 2711 13 00 - ButaneKg..... 2711 14 00 - Ethylene, propylene, butylene and butadieneKg..... 2711 19 00 - Other - In gaseous state:Kg..... 2711 21 00 - Natural gasKg.14% 2711 29 00 - OtherKg.….. - 16 - Ex-591/2017 THE THIRD SCHEDULE (See Section 15) Year No.Short title of enact mentsExtent of repeal (1) (2)(3)(4) 1947 24 The Rubber Act,1947Clause (b) of sub-section (1) of section 9 and section 12 1951 65 The Industries (Development andSection 9 Regulation) Act,1951 1953 29 The Tea Act,1953Clause (c) of section 3, sections 25 and 26 and clause (a) of sub-section (1) of section 27 1974 28 The Coal Mines (Conservation andSections 6, 7 and 8 Development) Act,1974 1976 56 The Beedi Workers Welfare Cess Act, 1976 The Whole 1977 36 The Water (Prevention and Control ofThe Whole Pollution) Cess Act, 1977 1982 3 The Sugar Cess Act, 1982The Whole 1982 4 The Sugar Development Fund Act, 1982Sub-section (2) of section 3 1983 28 The Jute Manufacturers Cess Act,1983The Whole 2004 23 The Finance (No. 2) Act, 2004Section 93 2007 22 The Finance Act, 2007Section 138 2010 14 The Finance Act, 2010Chapter VII 2015 20 The Finance Act, 2015Chapt er VI 2016 28 The Finance Act, 2016Chapters VI and VIIPublished and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50- 17 - Ex-591/2017

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVIT FOR CHANGE OF NAMEI, S hri Jona than S/o Hrako, aged about 40 years, service by occupation and a permanent resident of Chakhei village, P.O & P.S - Tipa , Distr ict - Siaha, Mizoram do hereby solemnly affirm and declar e as follows :- 1.That I am a bonafide citizen of India by birth born in 1st July, 1975 a nd belong to the Scheduled Tribe of Lakher community. 2.That I was enrolled in the 2nd Ba ttalion Mizoram Armed Police in the year 1996, Rank - Naik and presently posted at S iaha. 3.That at the time of my enrolment in the said service, my name as well as my father’s name was mistakenly recorded as Tha kia S/o Hrakhu, which is also in my entire service records till date. 4.That now, for the sake of convenience and with my free will, I would like to change/correct my name and fa ther ’s name as Jonatha n S/o Hrako for all official and non official corr espondences henceforth. 5.That from now onwards, I s hall be known, call a nd addr ess only as Jonathan S /o Hrako in all my correspondences. 6.That due to this mistake/error in my service records, I would like to correct the same by swearing this affidavit and no part of the above are false. Whatever stated in the above para graphs No. 1 - 6 of this affidavit is true and cor rect to the best of my knowledge and belief and I sign this before the Chief Judicia l Magistrate at Saiha on this the 22nd day of July, 2016. Sd/- DEPONENT Identified by Advoca te:-Sworn & sign before me: Sd/-Sd/- F.C. KhihniaChief Judicial Magistrate Advocate, S aihaSaiha Distr ict, Saiha Regd. No. 628 of 2008 (BCI)VOL - XLVI Aizawl, Thursday 5.10.2017 Asvina 13, S.E. 1939, Issue No. 592Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.H. 12017/55/2016-LJD, , the 18th September, 2017.The following Act is hereby re-published for general information. “The Finance Act, 2017 (Act No. 7 of 2017)”. Vincent Lalrokima, Depu ty Secr etary to the Govt. of Mizoram. VOL - XLVI Aizawl, Wednesday 4.10.2017 Asvina 12, S.E. 1939, Issue No. 576 THE FINANCE ACT, 2017 AN ACTto give effect to the financial proposa ls of t he Central Government for the financial year 2017-2018. BE it enacted by Parliament in the S ixty-eighth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1.( 1) This Act may be called the Finance Act, 2017. ( 2) Sa ve as otherwise provided in t his Act, sections 2 to 88 shall come into force on the 1st day of April, 2017. CHAPTER II RATES OF INCOME-TAX 2.( 1) Subject to the pr ovisions of sub-sections ( 2) a nd ( 3), for the assess ment year commencing on the 1st day of April, 2017, income-tax shall be cha rged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for the purposes of the Union, calculated in each case in the manner provided therein. ( 2) In the ca ses to which Pa ragraph A of P art I of the Fir st Schedule applies, where the assessee has, in the previous year, any net agricultur al income exceedingShort tittle an d com- men ce- ment Income- Tax five thousand rupees, in addition to total income, and t he total income exceeds two lakh fifty thousa nd rupees, then,— (a) the net a gricult ural income sha ll be taken into account, in the manner provided in clause ( b) [t hat is to say, as if t he net agricultural income were compr ised in the total income after the first two lakh fift y thousand rupees of the total income but without being liable to tax], only for the pu rpose of charging income-tax in respect of the total income; and ( b) the income-tax chargeable shall be calculated as follows :— ( i) the total income and the net agricultural income shall be aggregated and the amount of income-tax shall be determined in respect of the a ggr egate income a t the ra tes specified in the sa id Para graph A, as if such a ggregate income were the total income; ( ii) the net agricultural income shall be increased by a sum of two lakh fifty thousa nd rupees, and the amount of income-t ax shall be determined in respect of the net agricultural income a s so incr eased at the rates specified in the said P aragraph A, as if the net agricultura l income as so increased were the total income; ( iii) the amount of income-tax determined in a ccordance with sub-clause ( i) shall be reduced by the amount of income-tax determined in accordance with sub-clause ( ii) and the sum so arr ived at shall be the income-ta x in respect of the total income: Provided that in the case of every individual, being a resident in India, who is of the a ge of s ixty years or more but less than eighty years at any time during the previous year, referred to in item ( II) of Para graph A of Part I of the First Schedule, the provisions of this sub-section shall have effect as if for the words “two lakh fifty thousand rupees”,the words “three lakh rupees” ha d been substituted: Provided fur ther tha t in the case of every individual, being a resident in India, who is of the age of eighty years or more at any time during the previous year, referred to in item ( III ) of Paragra ph A of P art I of the First Schedule, the provisions of this sub-section s hall have effect as if for the words “two lakh fifty thousand rupees”, the words “five lakh rupees” ha d been substituted. ( 3) In cases to which the provisions of Chapter XII or Chapter XII-A or section 115JB or section 115JC or Chapter XII-FA or Cha pter XII-FB or sub-section ( 1A ) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act, 1961 (hereinafter referred to as the Income-tax Act) apply, the tax chargeable shall be determined as pr ovided in that Chapter or tha t section, and with r eference to the ra tes imposed b y sub-s ection ( 1) or the rates as specified in that Chapter or sect ion, as the case may be: Provided that the amount of income-tax computed in a ccordance with the provisions of section 111A or section 112 of the Income-tax Act sha ll be increased by a surcharge, for the purposes of the Union, as provided in P aragraph A, B, C, D or E, as the case may be, of Par t I of the First Schedule: Provided further that in respect of any income chargeable to tax under section 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, 115BBF,115E, 115JB or 115JC of the Income-tax Act, the amount of income-tax computed under this sub-section shall be increased by a sur charge, for-2- 43 of 1961 Ex-576/2017 the purposes of the Union, calculated,— (a) in the case of ever y individua l or Hindu undivided family orassociation of persons or body of individuals, whether incorpor ated or not, or every ar tificial juridical person referred to in sub-clause ( vii ) of cla us e ( 31 ) of section 2 of the Income-tax Act, at the rate of fifteen per cent. of such income-tax, wher e the tota l income exceeds one c ror e rup ees; ( b) in the ca se of every co-operative society or firm or local author ity, at the rate of twelve per cent. of such income-tax, where the total income ex ceeds one c ror e r upees; ( c) in the ca se of every domestic compa ny,— ( i) at the ra te of s even per cent. of such income-tax, where the total income exceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the ra te of twelve per cent. of such income-tax, where the total income exceeds ten cr or e rup ees; ( d) in the ca se of every company, other than a domestic compa ny,— ( i) at the ra te of t wo per cent. of such income-tax, where the total incomeex ceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the rate of five per cent. of such income-tax, where the total income exceeds ten cr or e rup ees: Provided also that in the case of persons mentioned in ( a) and ( b) above, having total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds one cror e rupees, the total amount paya ble as incometa x on such income and surcharge thereon shall not exceed the total amount pa yable as income-tax on a total income of one crore rupees by more tha n the a mount of income that exceeds one cr ore rupees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds one crore rupees but does not exceed ten crore rupees, the total amount paya ble as income-tax on such income and surcha rge thereon, shall not exceed the tota l amount payable as income-ta x on a total income of one cr or e rupees by more tha n the amount of income that exceeds one crore rupees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds ten crore rupees, the total amount paya ble as income-tax on such income and surcharge thereon, sha ll not exceed the tota l amount payable as income-tax a nd surcharge on a tota l income of ten crore rupees by more than the amount of income tha t exceeds ten cr or e rup ees: Provided also that in resp ect of a ny income char geable to tax under clause ( i)of sub-section ( 1) of section 115BBE of the Income-tax Act, the amount of income-ta x computed under this sub-section shall be increased by a surcharge, for the purposes of the Union, calculated at the rate of twenty- five per cent. of such income-tax. ( 4) In cases in which tax ha s to be charged and paid under section 115-O or section 115QA or sub-section ( 2) of section 115R or section 115TA or section 115TD of the Incometax Act, the tax shall be charged and paid at the rates as specified in-3-Ex-576/2017 those sections and shall be increased by a surchar ge, for the pur poses of the Union, calculated at the rate of twelve per cent. of such tax. (5) In cases in which tax has to be deducted under sections 193, 194, 194A, 194B, 194BB, 194D, 194LBA, 194LBB, 194LBC and 195 of the Income-tax Act, at the rates in force, the deductions shall be made at the rates s pecified in Par t II of the First Schedule and shall be increased by a surchar ge, for the pur poses of the Union, calculated in cases wherever prescribed, in the manner provided therein. ( 6) In cases in which tax has to be deducted under sections 192A, 194C, 194DA, 194E, 194EE, 194F, 194G, 194H, 194-I, 194-IA, 194-IB, 194-IC, 194J, 194LA, 194LB, 194LBA, 194LBB, 194LBC, 194LC, 194LD, 196B, 196C and 196D of the Income-tax Act, the deductions shall be made a t the r ates specified in those sections and shall be increased by a surcharge, for the purposes of the Union, — (a) in the ca se of ever y individual or Hindu undivided fa mily or association of persons or body of individuals, whether incor porated or not, or every artificial jur idical person referred to in sub-clause ( vii ) of claus e ( 31 ) of section 2 of the Income-ta x Act, being a non-resident, calculated, — (i) at the rate of ten per cent. of such tax, where the income or the aggr egate of such incomes paid or likely to be paid and subject to t he deduction exceeds fifty la kh rupees but does not exceed one crore rupees; ( ii) at the ra te of fifteen per cent. of s uch tax, where the income or the aggregate of such incomes pa id or likely to be paid and subject to the deduction exceeds one cr or e rup ees; ( b) in the ca se of every co-operative society or firm, being a non- resident, calculated at the rate of twelve per cent. of such tax, where the income or the aggregate of such incomes pa id or likely to be paid and subject to the deduction exceeds one cr ore rupees; ( c) in the case of every company, other than a domestic company, calculated, — (i) at the rate of two per cent. of such ta x, where the income or the aggr egate of such incomes paid or likely to be paid and subject to t he deduction exceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the rate of five per cent. of such ta x, where the income or the aggr egate of such incomes paid or likely to be paid and subject to the deduction exceeds ten cr ore rupees. ( 7) In cases in which tax has to b e collected under the proviso to section 194B of the Income-tax Act , the collection shall be ma de at the rates specified in Part II of the F irst Schedule, and sha ll be increased by a surcharge, for the purposes of the Union, calculated, in cases wherever prescribed, in the manner provided therein. ( 8) In cases in which tax has to be collected under section 206C of the Income-tax Act, the collection shall be made at the ra tes specified in that section and shall be increased by a surcharge, for the purposes of the Union, — (a) in the ca se of ever y individual or Hindu undivided fa mily or association of persons or body of individuals, whether incor porated or not, or every artificial jur idical person referred to in sub-clause ( vii ) of claus e ( 31 ) of -4- Ex-576/2017 section 2 of the Income-ta x Act, being a non-resident, calculated,— (i) at the rate of ten per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the collection exceeds fifty lakh rupees but does not exceed one crore rupees; ( ii) at the rate of fifteen per cent. of such tax, where the amount or the aggr egate of such amounts collected and subject to the collection exceeds one cror e rup ees; ( b) in the ca se of every co-operative society or firm, being a non- resident, calculated at the rate of twelve per cent. of such tax, where the amount or the aggregate of such amounts collected and subject to the collection ex ceeds one c ror e r upees; ( c) in the case of every company, other than a domestic company, calculated, — (i) at the rate of two per cent. of such ta x, where the amount or the aggregate of such amounts collected and subject to the collect ion exceeds one cr ore r upees but does not exceed t en cr ore rupees; ( ii) at the r at e of five per cent. of such ta x, wher e the a mount or the aggregate of such amounts collected and subject to the collection exceeds ten cr or e rup ees. ( 9) Subject to the pr ovisions of sub-section ( 10 ), in cases in which income- tax has tobe char ged under sub-section ( 4) of section 172 or sub-section ( 2) of section 174 or section 174A or section 175 or sub-section ( 2) of section 176 of the Income- tax Act or deducted from, or paid on, income cha rgeable under the head “Salar ies” under section 192 of t he said Act or in which t he “adva nce tax” payable under Chapter XVII-C of the said Act ha s to be computed at the rate or rates in force, such income- tax or, as the case may be, “advance tax” shall be charged, deducted or computed at the rate or rates specified in Part III of the First Schedule and such tax shall be incr eased by a sur charge, for the purposes of the Union, calculated in such cases and in such manner as provided ther ein: Provided that in cases to which the provisions of Chapter XII or Cha pter XII-A or section 115JB or section 115JC or Cha pter XII-FA or Chapter XII-F B or sub-section ( 1A ) of section 161 or section 164 or section 16 4A or s ection 167B of the Income-tax Act apply, “advance tax” shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that Chapter or section, as the cas e may be: Provided further t hat the amount of “advance ta x” computed in accordance with the pr ovisions of section 111A or section 112 of the Income-tax Act shall be incr eased by a surcharge, for the purposes of the Union, as provided in Paragraph A, B, C, D or E, as the case may be, of Part III of the First Schedule: Provided also that in resp ect of a ny income chargeable to tax under section 115A, 115AB, 115AC, 115ACA, 115AD, 115B, 115BA, 115BB, 115BBA, 115BBC, 115BBD, 115BBDA, 115BBF, 115BBG, 115E, 115JB or 115JC of the Income-tax Act, “advance tax” computed under the first proviso shall be increased by a surcharge, for the pur poses of the Union, calculated, — (a) in the ca se of ever y individual or Hindu undivided fa mily or association of persons or body of individuals, whether incor porated or not, or-5- Ex-576/2017 every artificial jur idical person referred to in sub-clause (vii ) of claus e ( 31 ) of section 2 of the Income-tax Act, — (i) at the ra te of ten per cent. of such “ advance tax”, where the total income exceeds fifty la kh rupees but does not exceed one crore rupees; ( ii) at the rate of fifteen per cent. of such “advance tax”, wher e the total income exceeds one cror e r up ees; ( b) in the ca se of every co-operative society or firm or loca l authority at the rate of twelve per cent. of such “a dvance tax”, where the total income ex ceeds one c ror e r upees; ( c) in the ca se of every domestic compa ny, — (i) at the rate of seven per cent. of such “advance tax”, wher e the total income exceeds one cror e r upees but does not ex ceed ten c ror e rup ees; ( ii) at the rate of twelve per cent. of such “advance tax”, wher e the total income exceeds ten cror e r up ees; ( d) in the ca se of every company, other than a domestic compa ny, — (i) at the rate of two per cent. of such “advance tax”, where the total income exceeds one cror e rupees but does not exceed ten crore rupees; ( ii) at the rate of five per cent. of such “advance tax”, where the total income exceeds ten cr or e rup ees: Provided also that in the case of persons mentioned in (a) above, having total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds, — (a) fifty lakh rupees but does not exceed one cror e rupees, the total amount paya ble as “ advance tax” on such income and sur cha rge thereon shall not exceed the total amount payable as “advance tax” on a total income of fifty la kh rupees by more tha n the a mount of income that exceeds fifty lakh rupees; ( b) one crore rupees, the total amount pa yable a s “adva nce tax” on such income and sur charge thereon shall not exceed the total amount payable as “ advance tax” on a total income of one cror e rupees by more than the amount of income tha t exceeds one crore rupees: Provided also that in the case of persons mentioned in ( b) above, ha ving total income chargeable to tax under section 115JC of the Income-tax Act, and such income exceeds one crore r upees, the tota l amount payable as “a dvance tax” on such income and surcharge thereon shall not exceed the total amount payable as “advance tax” on a total income of one cror e rupees by more than the amount of income that exceeds one cror e rup ees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-ta x Act, and such income exceeds one crore rupees but does not exceed ten crore rupees, the total amount payable as “a dvance ta x” on such income and surchar ge thereon, sha ll not exceed the total amount payable as “ advance tax” on a tota l income of one crore rupees by more than the amount of income that exceeds one cr ore rupees: Provided also that in the case of every company having total income chargeable to tax under section 115JB of the Income-tax Act, and such income exceeds ten crore rupees, the total amount payable as “advance tax” on such income and surcharge-6- Ex-576/2017 thereon, shall not exceed the total amount payable as “ advance tax” and surcharge on a total income of ten cr ore rupees by more than the amount of income that exceeds ten c ror e rup ees: Provided also that in respect of any income chargeable to tax under clause (i) of sub-section ( 1) of section 115BBE of the Income-tax Act, the “advance tax” computed under the first pr oviso shall be increased by a surcharge, for the purposes of t he Union, calculated at the ra te of twenty-five per cent. of such “a dvance tax”. ( 10 ) In cases to which Paragraph A of Part III of the First Schedule applies, where the a ssessee has, in the previous year or, if by virtue of any provision of the Income-tax Act, income-tax is to be charged in respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding five thousand rupees, in addition to tota l income and the total income exceeds two lakh fifty thousand rupees, then, in charging income-tax under sub-section ( 2) of section 174 or section 174A or section 175 or sub-section ( 2) of section 176 of the said Act or in computing the “advance tax” payable under Cha pter XVII-C of the said Act, at the rate or rates in force, — (a) the net a gricult ural income sha ll be taken into account, in the manner provided in clause ( b) [t hat is to say, as if t he net agricultural income were compr ised in the total income after the first two lakh fift y thousand rupees of the total income but without being liable to tax], only for the pu rpose of charging or computing such income-tax or, as the case may b e, “advance tax” in resp ect of the total income; and ( b) such income-tax or, as the case may be, “advance tax” shall be so charged or computed as follows: — (i) the total income and the net agricultural income shall be aggr egated and the amount of income-tax or “advance ta x” shall be determined in respect of the aggrega te income at the rat es specified in t he said Paragra ph A, a s if such aggregate income wer e the total income; ( ii) the net agricultural income shall be increased by a sum of two lakh fifty t housand rupees, and t he amount of income-ta x or “advance ta x” shall be determined in resp ect of t he net agricult ural income as so increased at the rates specified in the said Paragraph A, a s if the net agricultu ral inc ome wer e the total inc ome; ( iii) the amount of income-tax or “adva nce tax” determined in a ccordance with sub-clause ( i) shall be reduced by the amount of income-tax or, as the case may be, “advance tax”determined in accordance with sub-clause ( ii) and the sum so arr ived at shall be the income-tax or, as the case may be, “adva nce tax” in respect of the tota l income: Provided that in the case of every individual, being a resident in India, who is of the age of sixty years or more bu t less than eighty years at any time during the previous year, referred to in item ( II) of Para graph A of Part III of the First Schedule, the provisions of this sub-section shall have effect as if for the wor ds “two lakh fifty thousand rupees”, the words “three lakh rupees” had been substituted: Provided fur ther tha t in the case of every individual, being a resident in India, who is of the a ge of eighty years or more at any time during the previous year, referred to in item ( III ) of Paragraph -7-Ex-576/2017 A of Part III of the First Schedule, the provisions of this sub-section shall have effect as if for the words “ two lakh fifty thousa nd rupees”, the words “ five la kh rupees” had been substituted: Provided also that the amount of income-tax or “advance tax” so arrived at , shall be increased by a surcharge for the purposes of t he Union, calculated in each case, in the manner provided therein. (11 ) The amount of income-tax as specified in sub-sections ( 1) to ( 10 ) and as incr eased by the applicable surcha rge, for the purposes of the Union, calculated in the manner provided therein, shall be further increased by an additiona l surcha rge, for the purposes of the Union, to be called the “Education Cess on income-ta x”, calculated at the r ate of two per cent. of such income-tax and surcha rge so a s to fulfil the commitment of the Government t o provide and finance universa lised quality basic education: Provided tha t nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections ( 5), ( 6), ( 7) and ( 8), if the income subject ed to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who isresident in India. ( 12 ) The amount of income-tax as specified in sub-sections ( 1) to ( 10 ) and as incr eased by the applicable surcha rge, for the purposes of the Union, calculated in the manner p rovided therein, shall also be increased by a n additional surcharge, for the purposes of the Union, to be called the “Secondary a nd Higher Educa tion Cess on income-tax”, calculated at the rate of one per cent. of such income-tax and surcharge so a s to fu lfil the commit ment of the Government to provide and finance secondary and higher education: Provided tha t nothing contained in this sub-section shall apply to cases in which tax is to be deducted or collected under the sections of the Income-tax Act mentioned in sub-sections ( 5), ( 6), ( 7) and ( 8), if the income subject ed to deduction of tax at source or collection of tax at source is paid to a domestic company and any other person who is resident in India. ( 13 ) For the purposes of this section and t he First Schedule, — (a) “domestic company” means an Indian company or any other company which, in respect of its income liable to income-tax under the Income- tax Act, for the assessment year commencing on the 1st day of April, 2017, has made the prescr ibed ar rangements for the declaration and pa yment within India of the dividends (including dividends on preference shares) payable out of s uch income; ( b) “insurance commission” means any remuneration or reward, whether by way of commission or otherwise, for soliciting or procuring insurance business (inclu ding business relating to the continuance, renewal or revival of policies of insurance); ( c) “net agricultural income” in relation to a person, means the total amount of agricultural income, from whatever sour ce derived, of that person computed in accordance with the rules contained in Part IV of the First-8- Ex-576/2017 Schedule; (d) all other words a nd expressions used in this section a nd the First Schedule bu t not defined in this sub-section and defined in the Income-tax Act shall have the meanings, respectively, assigned to them in that Act. CHAPTER III DIRECT TAXES Income-tax 3.In section 2 of the Income-tax Act, — (I) in clause ( 24 ), after sub-clause ( xvii ), the following sub-clause shall be inserted, namely: — “( xviia ) any sum of money or value of property referred to in clause ( x) of sub-section ( 2) of section 56;”; ( II) in clause ( 42A ), — ( a) in the third proviso [as inserted by section 3 of the Finance Act, 2016], after the words and brackets “a company (not being a share listed in a recognised stock exchange in India)”, the words “or an immovable property, being land or building or both,” shall be inserted with effect from the 1st day of April, 2018; ( b) in Explanation 1, in claus e ( i),— (A) after sub-clause ( he), the following sub-clause shall be inserted with effect from the 1st day of April, 2018, namely :— “( hf) in the ca se of a capita l asset, being equity shares in a company, which becomes the property of the assessee in consideration of a transfer referred to in clause ( xb ) of section 47, there shall be included the period for which the preference shar es were held by the as sess ee; ”; ( B) after sub-clause ( hf) as so ins erted, the following sub-clause shall be inserted, namely:— “( hg ) in the case of a capital asset, being a unit or units, which becomes the property of the assessee in consideration of a t r a ns fer r efer r ed t o in clau s e ( xix ) of s ect ion 4 7 , t her e s ha ll b e inclu ded the period for which the unit or units in the consolidating plan of a mutu al fund scheme were held by the assessee;”. 4.In section 9 of the Income-tax Act , in sub-section ( 1), in clause ( i), in Explanation 5,— ( i) the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2012, namely:— “Provided that nothing contained in this Explanation shall apply to an asset or capital asset, which is held by a non-resident by way of investment, directly or indirectly, in a Foreign Institutional Investor as referred to in clause (a) of the Explanation to s ection 115AD for an a ssessment year commencing on or after the 1st day of April, 2012 but before the 1st day of April, 2015:”; ( ii) after the first proviso as so inserted, the following proviso shall be inserted and shall be deemed to ha ve been inserted with effect from the 1st day of April, 2015, namely: — “Provided further that nothing contained in this Explanation shall apply to an asset or capital asset, which is held by a non-resident by way of investment,-9- Amend- ment of section 2. 28 of 2016 Ex-576/2017 Amend- ment of section 9. directly or indirectly, in Category-I or Category-II foreign portfolio investor under the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2014, made under the Securities and Excha nge Boa rd of India Act, 1992.”. 5.In section 9A of the Income-tax Act , in sub-section (3), in clause ( j), after the proviso, the following proviso shall be inserted and sha ll be deemed to have been inserted wit h effect from the 1st day of April, 2016, namely: — “Provided further that nothing contained in t his cla use sha ll apply to a fu nd which has been wound up in the previous year;”. 6.In section 10 of the Income-tax Act, — (a) in clause ( 4), in sub-clause ( ii), in the proviso, for the wor d, brackets and letter “clause ( q)”, the word, brackets and letter “clause ( w)” sha ll be sub stituted a nd shall be deemed t o have been subs tituted with ef fect from the 1st day of April, 2013; ( b) after clause ( 12A ) [a s inserted by section 7 of the Finance Act, 2016], the following clause shall be inserted with effect from the 1st day of April, 2018, namely:— “( 12B ) any payment from the National Pension System Trust to an employee under the pension scheme referred to in section 80CCD, on partial withdrawal made out of his account in accordance with the terms and conditions, specified under the Pension Fund Regulatory and Development Author ity Act, 2013 and t he regula tions ma de t her eunder, to the ext ent it does not ex ceed twenty-five per cent. of the amount of contributions made by him;”; ( c) in clause ( 23C ),— (I) after sub-clause ( iiiaaa ), the following sub-clause shall be inserted and shall be deemed t o ha ve been inserted with effect from the 1st day of April, 1998, namely: — “(iiiaaaa ) the Chief Minis ter ’s Relief F und or the Lieutenant Governor ’s Relief Fund in respect of any Sta te or Union t er r it o r y a s r efer r ed t o in s u b -cl a u s e ( iiihf ) of cl a u s e ( a) of sub-section ( 2) of section 80G; or”; ( II) after the eleventh proviso, the following pr oviso shall be inserted with effect from the 1st day of Apr il, 2018, namely: — “Provided also that any amount credited or paid out of income of any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause ( iv) or sub-clause ( v) or sub-clause ( vi) or sub-clause ( via ), to any tr ust or institution registered under section 12AA, being voluntary contribution ma de with a specific dir ection that they shall form part of the corpus of the trust or institution, shall not be treated as a pplication of income to the objects for which such fund or trust or institution or university or educational institution or hospital or other medical institution, as the case may be, is est ablished:”; ( d) after clause ( 37 ), the following clause shall be inserted and shall be deemed t o have been inserted with effect from the 1st da y of April, 2015, namely:— ‘( 37A ) any income chargeable under the head “Capital gains”-10- 15 of 1992 28 of 2016 23 of 2013Amend- ment of section 9A. Amend- ment of section 10 Ex-576/2017 in r es p ect of t r a ns fer of a s p ecified ca p it a l a s s et a r is ing t o a n a s s es s ee, being an individual or a Hindu undivided family, who wa s the owner of s uch specified capital asset as on the 2nd da y of June, 2014 and transfers that specified ca pital a sset under the Land Pooling Scheme (herein refer red to as “the scheme”) covered under the Andhra Pra desh C apital City Land Pooling Scheme (F ormula tion and Implementation)Rules, 2015 made under the provisions of the Andhra Pradesh Capital Region Development Authority Act, 2014 and the rules, regulations a nd Schemes made under the said Act.Explanation .—For the purposes of this clause, “specified capital asset” means,— ( a) the land or building or both owned by the assessee a s on the 2nd day of June, 2014 and which has been tr ansferred under the scheme; or ( b) the land pooling ownership certificate issued under the scheme to t he assessee in respect of land or building or both referred to in clause( a); or ( c) the reconstituted plot or land, as the case may be, received by the assess ee in lieu of land or building or both referred to in clause ( a)in accorda nce with the scheme, if such plot or land, as the case may be, so r eceived is tra nsferred within two years from the end of the financia l year in which the possession of such plot or land was handed over to him;’; ( e) in cl a u s e ( 38 ), after the second pr oviso and before the Explanation [as inserted by section 7 of the Finance Act, 2016], the following proviso shall be inserted with effect from the 1st day of April, 2018, namely:— “ Pr ovided also tha t nothing contained in t his cla use sha ll apply to a ny income arising from the transfer of a long-term ca pital asset, being an equity share in a compa ny, if the tr ansaction of a cquisition, other than the acqu isition notified by the Central Government in this behalf, of such equity share is entered into on or after the 1st da y of October, 2004 and such transaction is not chargeable to securities transaction tax under Chapter VII of the Finance (No. 2) Act, 2004.”; ( f) after clause ( 48A ), the following clause sha ll be inserted with effect from the 1st day of April, 2018, namely: — “(48B ) any income accruing or ar ising to a for eign company on a ccount of sale of left over stock of crude oil, if any, from the facility in India after the expiry of the agr eement or the arrangement referred to in clause ( 48A ) subject to such conditions a s may be notified by the Central Government in this behalf;”. 7.In section 10AA of the Income-tax Act, after sub-section ( 1),the following Explanation shall be inserted with effect from the 1st day of April, 2018, namely: — “Explanation .––F or the removal of doubts, it is hereby declared that the amount of deduction under this section shall be allowed from the total income of the assessee computed in accor dance with the provisions of this Act, before giving effect to the pr ovisions of this section and the deduction under this section shall not exceed such total income of the assessee.”.-11- Andra Pradesh Act 11 of 2014 28 of 2016 23 of 2004 Amend- ment of section 10 AA.Ex-576/2017 8.In s ection 11 of the Income-tax Act , in sub-section (1), the Explanation below clause ( d) shall be numbered as Explanation 1 thereof a nd aft er Explanation 1 as sonumbered, the following Explanation shall be inserted with effect from the 1st day of April, 2018, namely:— “ Explanation 2.— Any amount credited or paid, out of income referred to in clause ( a) or clause ( b) read with Explanation 1, to any other trust or institution registered under section 12AA, being contribution wit h a specific direction that they shall form par t of the corpus of the trust or instit ution, shall not be treated as applica tion of income for cha ritable or religious purposes.”. 9.In s ection 12A of the Income-tax Act, in sub-section ( 1), with effect from the 1st day of April, 2018, — (i) aft er cla us e ( aa ), the following clause shall be inserted, namely: — “(ab ) the person in receipt of the income has made an application for registration of t he trust or institution, in a case where a tr ust or a n institution has been granted registr ation under section 12AA or has obtained registration at any time under section 12A [as it stood before it s amendment by the Finance (No. 2) Act, 1996], and, subsequently, it has a dopted or undertaken modifica tions of the objects which do not conform to the conditions of registration, in the prescribed form and manner, within a period of thirty da ys from the date of said adoption or modification, to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA;”; ( ii) after clause ( b), the following clause shall be inserted, namely: — “(ba ) the person in receipt of the income has furnished the return of income for the pr evious year in a ccor dance with the provisions of sub-section ( 4A ) of section 139, within t he time allowed under that section.”. 10.In section 12AA of the Income-ta x Act, with effect from the 1st da y of April, 2018, — (a) in sub-section ( 1), after the word, brackets and letters “clause ( aa )”, the wor ds, bra ckets a nd letters “or clause ( ab )” shall be inserted; ( b) in sub-section ( 2), a fter the word, brackets and letters “clause ( aa )”, the words, brackets and letters “or clause ( ab )” shall be inserted. 11.In section 13A of t he Income-tax Act, with effect from the 1st da y of April, 2018,— ( I) in the fir st proviso, — (i) in clause ( b),— (A) after the words “such volu ntary contribution”, the words “other than contribution by way of electoral bond” shall be inserted; ( B) the word “and” occurring at the end shall be omitted; ( ii) in clause ( c), the word “; and” shall be inserted at the end; ( iii) after clause ( c), the following clause shall be inserted, -12- Amend- ment section 11 33 of 1996Amend- ment of section 12A Amend- ment of section 12AA Amend- ment of section 13A Ex-576/2017 namely:— ‘(d) no donation exceeding two thousa nd rupees is received by s uch polit ical party otherwise than by an account payee cheque drawn on a bank or an account payee bank dra ft or use of electronic clearing system through a bank account or through electoral bond. Explanation .––F or the purposes of this pr oviso,“ elector al bond” mea ns a bond referred to in t he Explanation to sub-section ( 3) of section 31 of the Reserve Bank of India Act, 1934.’; ( II) after the second proviso, the following proviso shall be inser ted, namely: — “Provided a lso that such politica l party furnishes a return of income for the previous year in accor dance with the provisions of sub section ( 4B ) of section 139 on or befor e the due date under tha t section 12.In section 23 of the Income-tax Act, after sub-section ( 4), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely:— “( 5) Where the property consisting of any building or land appurtenant thereto is held as stock-in-trade and the property or a ny part of the property is not let dur ing the whole or any part of the pr evious year, t he annual value of such property or par t of the property, for the per iod up to one year from the end of the financial year in which the certificate of completion of construction of the property is obtained from the competent author ity, shall be taken to be nil .”. 13.In s ection 35AD of the Income-tax Act, in sub-section ( 8), in clause ( f), after the words “shall not include”, the words “a ny expenditure in resp ect of which the payment or aggr egate of payments made to a person in a day, otherwise tha n by an account payee cheque dr awn on a bank or an account payee ba nk draft or use of electronic clearing system through a bank account, exceeds ten thousand rupees or” shall be inserted with effect from the 1st day of April, 2018. 14.In s ection 3 6 of the Income-tax Act , in su b-section ( 1), in claus e ( viia ), in sub-clause ( a), for the words “seven and one-half per cent.”, the words “eight and one-half per cent.” shall be substituted with effect from the 1st day of April, 2018. 15.In section 40A of the Income-tax Act,— ( a) in sub-section ( 2), in clause ( a), in the proviso, after the words “Provided that”, the words, figures and letters “for an assessment year commencing on or before the 1st day of April, 2016” shall be inserted; ( b) with effect from the 1st day of April, 2018,— ( A) in sub-section ( 3), for the words “exceeds twenty thousand rupees”, the wor ds “or use of electronic clearing system through a bank account, exceeds ten thousand rupees,” shall be substituted; ( B) in sub-section ( 3A ),— (i) after the words “account payee bank draft,”, the-13- 2 of 1934 Amend- ment of section 23 Amend- ment of section 3 5 AD Amend- ment of section 36 Amend- ment of section 40AEx-576/2017 words “or use of electronic clear ing system thr ough a bank account” s hall be inserted; (ii) for the words “twenty thousand rupees”, the words “ten thousand rupees” shall be substituted; ( iii) in the first proviso, for the words “exceeds twenty thousand rupees”, the words “or use of electronic clearing system through a bank account, exceeds ten thousand rupees,” shall be substituted; ( iv) in the second proviso, for the words “twenty thousand rupees”, the wor ds “ten thousand rupees” shall be substituted; ( C) in sub-section ( 4),— ( i) after the words “account payee bank draft”, the words “or use of electronic clear ing system thr ough a bank account” s hall be inserted; ( ii) after the words “such cheque or draft”, the words “or electronic clearing system” shall be inser ted. 16.In s ection 43 of the Income-tax Act, in clause ( 1), with effect from the 1st day of April, 2018, — (a) after the proviso and before Explanation 1, the following proviso shall be inserted, namely:— “Provided further that where the assessee incurs any expenditure for acquisition of a ny asset or part thereof in respect of which a payment or a ggregate of payments made to a person in a day, otherwise tha n by an account payee cheque drawn on a bank or an account payee ba nk dra ft or use of electronic clearing system thr ough a ba nk account, exceeds ten thousand rupees, such exp enditure sha ll be ignored for the purposes of determina tion of actual cost .”; ( b) in Expla nation 13, the following pr oviso shall be inserted, namely: — “Provided that where any capital asset in respect of which deduction or part of deduction allowed under section 35AD is deemed to be the income of the assessee in accordance with the provisions of sub-section ( 7B ) of the said section, the actual cost of the asset to the assessee shall be the actual cost to the assessee, as reduced by an amount equal tothe amount of depr eciation calculated at the rate in force that would ha ve been allowa ble had the asset been used for the purpose of business since the date of its acquisition.”. 17.In s ection 43B of the Income-tax Act, with effect from the 1st da y of April, 2018, — (i) in clause ( e), a fter the words “scheduled bank”, the words “ or a co-operative bank other than a pr imary agricultural credit society or a primary co-operative agricultural and rural development bank” shall be inserted; ( ii) in Explanation 4, after clause ( c), the following cla use shall be inserted, namely:— ‘( d) “co-operative bank”, “primary agricultural credit society” and “primar y co-operative agricultural a nd rura l development bank”-14- Amend- ment of section 43 Amend- ment of section 43B Ex-576/2017 shall have the meanings respectively assigned to them in theExplanation to sub-section ( 4) of section 80P.’. 18.In s ection 43D of the Income-tax Act, with effect from the 1st da y of April, 2018,— ( i) in clause ( a), a fter the words “scheduled bank or”, the words “a co-operative bank other than a pr imary agricultural credit society or a primary co-operative agricu ltural and rura l development bank or” shall be inserted; ( ii) in the long line, after the wor ds “scheduled bank or”, the words “a co-opera tive bank other than a primary agricultural credit society or a primary co- operative agricultural and rural development bank or” shall be inserted; ( iii) in the Explanation , after clause ( f), the following clause shall be inserted, namely:— ‘( g) “co-operative bank”, “primary agricultural credit society” and “primar y co-operative agricultural a nd rura l development bank” shall have the meanings respectively assigned to them in the Explanation to sub-section ( 4) of section 80P.’. 19.In section 44AA of the Income-tax Act, in sub-section ( 2), the following provisos shall be inserted with effect from the 1st da y of April, 2018, namely :— ‘Provided that in the case of a person being an individua l or a Hindu undivided fa mily, the provisions of clause ( i) and clause ( ii) shall ha ve effect, as if for the words “one lakh twenty thousand rupees”, the words “two lakh fift y thousand rupees” had been substituted: Provided fu rther that in the case of a person being an individual or a Hindu undivided fa mily, the provisions of clause ( i) and clause ( ii) s hall have effect, as if for the words “ ten lakh rupees”, the words “twenty-five lakh rupees” had been substituted.’. 20.In section 44AB of the Income-tax Act, — (i) before the first proviso, the following proviso shall be inserted, namely: — “Provided that this section shall not apply to the person, who declares profits and gains for the previous year in accordance with the provisions of sub-section ( 1) of section 44AD a nd his total sa les, turnover or gross r eceipts, as the case may be, in business does not exceed two c ror e rup ees in s uch previous yea r:”; ( ii) in the first proviso, for the wor ds “Pr ovided that”, the words “Provided fu rther that” shall be substituted; ( iii) in the second proviso, for the words “Provided further”, the words “Provided also” sha ll be substituted. 21.In section 44AD of the Income-tax Act, in sub-section ( 1), the following proviso sha ll be inserted, namely: — ‘Provided that this sub-section sha ll have effect as if for the words “eight per cent.”, the words “six per cent.” ha d been substituted, in respect of the amount of tota l turnover or gross r eceipts which is received by an account payee cheque or an account payee bank dr aft or use of electronic clearing-15- Amend- ment of section 43D Amend- ment of section 44AA Amend- ment of section 44AB Amend- ment of section 4 4 ADEx-576/2017 system through a bank account during the previous year or before the due date specified in sub-section (1) of section 139 in respect of that previous year.’. 22.In section 45 of the Income-tax Act, after sub-section ( 5) and the Explanation thereto, the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely: — ‘(5A ) Notwithsta nding anything contained in sub-section ( 1), here the capital gain arises to an assessee, being a n individual or a Hindu undivided family, from the tra nsfer of a capital asset, being land or building or both, under a specified agreement, the capital gains shall be chargeable to income- tax as income of the previous year in which the certificate of completion for the whole or part of the project is issued by the competent authority; and for the purposes of section 48, the stamp duty va lue, on the date of issue of the said certificate, of his share, being land or building orboth in the project, as incr eased by the consider ation r eceived in cash, if a ny, sha ll be deemed to be the full value of the consideration received oraccr uing a s a result of the transfer of the capital asset: Provided that the provisions of this sub-section sha ll not apply where the assessee transfers his share in the project on or before the date of issue of t he said certificate of completion, a nd the capital gains shall be deemed to be the income of the previous year in which such transfer takes place and the provisions of this Act, other than the pr ovisions of this sub-section, shall apply for the pur pose of determination of fu ll value of cons ideration received or accr uing as a result of such transfer. Explanation .—For the purposes of this sub-section, the expression— ( i) “competent author ity” mea ns the authority empowered to a pprove the building p lan by or under any law for the time being in force; ( ii) “specified agreement” means a r egistered agreement in which a person owning land or building or both, agrees to allow another person to develop a real estate pr oject on such land or building or both, in consideration of a share, being land or building or both in such project, whether with or without pa yment of part of the considera tion in cash; ( iii) “stamp duty value” means the value a dopted or assessed or a ssessable by any authority of the Government for the purpose of payment of stamp duty in respect of an immova ble property being land or building or both.’. 23.In s ection 47 of the Income-tax Act, with effect from the 1st da y of April, 2018, — (a) after clause ( viia ), the following clause shall be inserted, namely: — “(viiaa ) any transfer, made outside India, of a capital asset being rupee denominated bond of an Indian company issued out side India, by a non-resident to another non-resident;”; ( b) after clause ( xa ), the following clause shall be inser ted, namely: — -16- Amend- ment of section 45 Amend- ment of section 47 Ex-576/2017 “(xb ) any transfer by way of conver sion of prefer ence shares of a company into equity shares of that company;”. 24.In section 48 of the Income-ta x Act, with effect from the 1st day of April, 2018, — (a) in the fifth proviso, for the word “subscribed”, the word “held” shall be substituted; ( b) in the Explanation , in cla u s e ( iii), for the figures, letters and words “1st day of April, 1981”, the figu res, letters and words “1st day of April, 2001” shall be substituted. 25.In section 49 of the Income-tax Act, — (a) in sub-section ( 1), in cla us e ( iii), in sub-clau se ( e), after the word, brackets, figures and letter “clause ( vib )”, the wor ds, bra ckets, figures and letter “or clause ( vic )” shall be inserted with effect from the 1st day of April, 2018; ( b) after sub-section ( 2AD ), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely :–- “( 2AE ) Where the capital asset, being equity share of a company, became the property of t he assessee in consideration of a transfer referred to in clause ( xb ) of section 47, the cost of acquisition of the asset shall be deemed to be that part of the cost of the preference share in relation to which such asset is acqu ired by the assessee.”; ( c) after sub-section ( 2AE ) as so inserted, the following sub-section shall be inserted, namely:— “( 2AF ) Where the capital asset, being a unit or units in a cons olidated plan of a mutual fund scheme, beca me the property of the assessee in consideration of a transfer refer red to in clause ( xix ) of s ection 47, the cost of acquisition of the asset shall be deemed to be the cost of acquisition to him of the unit or units in the consolidating plan of the scheme of the mutual fund.”; ( d) in sub-section ( 4), a fter the words, brackets, figures and letter “or clause ( viia )” a t both the places where they occur, the words, brackets and figure “ or clause ( x)” shall be inserted; ( e) after sub-section ( 5) [a s inserted by section 30 of the Finance Act, 2016], the following sub-sections sha ll be inserted with effect from the 1st day of April, 2018, namely:— ‘( 6) Where the capital gain arises from the transfer of a specified ca pital as set referred to in cla us e ( c) of the Explanation to clause ( 37A ) of section 10, which has been transferred after the expiry of two years from the end of the financia l year in which the possession of such asset was handed over to the assessee, the cost of a cquisition of such specified capital asset shall be deemed to be its stamp duty value a s on the last day of the second financial year a fter the end of the financial year in which the possession of the said specified capital asset was ha nded over to the asses see. Explanation .––For the purposes of this sub-section, “stamp duty value” means the value adopted or assessed or assessable by-17- Amend- ment of section 48 Amend- ment of section 49 28 of 2016Ex-576/2017 any authorit y of the State Government for the purpose of payment of stamp duty in respect of an immovable property. (7) Wher e t he ca p it a l ga in a r is es fr om t he t r a ns fer of a ca p it a l asset, being share in the project, in the form of land or building or both, referr ed to in sub-s ection ( 5A ) of section 45, not being the capital asset refer red to in the pr oviso to the sa id sub-section, the cost of acquisition of such asset, sha ll be the amount which is deemed as full value of consideration in that sub-section.’; ( f) a f t er s u b -s ect io n ( 7) as so inserted, the following sub-section shall be inserted and sha ll be deemed to have been inserted with effect from the 1st day of June, 2016, namely:— “( 8) Where the capital gain arises from the transfer of an asset, being the a sset held by a trust or an institution in respect of which accreted income has been computed and the tax has been paid thereon in accordance with the pr ovisions of Chapter XII-EB, the cost of acquisition of such asset shall be deemed to be the fairmarket value of the asset which has been taken into account for computa tion of a ccreted income as on the specified date referred to in sub-section ( 2) of section 115TD.”. 26.After section 50C of the Income-tax Act , the following section shall be inserted with effect from the 1st day of April, 2018, namely:— ‘50CA. Where the considera tion received or accr uing as a result of the transfer by an assess ee of a capita l asset, being share of a company other t ha n a qu ot ed s ha r e, is les s t ha n t he fa ir ma r k et va lu e of s u c h s ha r e det er mined in such manner as may be prescribed, the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation. —For the purposes of this section, “quoted share” means the share quoted on any recognised stock exchange with r egularity from time to time, where the quotation of such shar e is ba sed on current transaction made in the ordina ry course of business.’. 27.In section 5 4EC of the Income-tax Act, in sub-section ( 3), in the Explanation , in clause ( ba ), for the words and figures “the Companies Act, 1956” occurring at the end, the words and figur es “the Companies Act, 1956; or any other bond notified by the Centr al Government in this behalf” shall be substituted with effect from the 1st day of April, 2018. 28.In section 55 of the Income-ta x Act, with effect from the 1st day of April, 2018, — (A) in sub-section ( 1), in clause ( b), in sub-clause ( 2), in item ( i), for the figures, letters and words “1st day of April, 1981”, the figures, letters and words “1st day of April, 2001” shall be substituted; ( B) in sub-section ( 2), in claus e ( b), for the figures, letters and words “1st day of April, 1981” wherever they occur, the figures, letters and words “1st day of April, 2001” shall be substituted. 29.In section 56 of the Income-tax Act , in sub-section ( 2),— -18- Insertion of section 50CA Special provision for full value of consider- ation for transfer of share other than quoted sh are. Amend- ment of section 54EC Amend- ment of section 55 Amend- ment of section 561 of 1956 Ex-576/2017 (I) in clause ( vii ), after the figures, letters a nd wor ds “1st day of October, 2009”, the words, figures and letters “but before the 1st day of April, 2017” shall be inserted; ( II) in clause ( viia ), after the figures, letters and words “1st day of June, 2010”, the words, figures and letters “but before the 1st day of April, 2017” shall be inserted; ( III ) a ft er cla u s e ( ix), the following clause shall be inserted, namely:— ‘( x) where any person receives, in a ny previous year, from any person or persons on or a fter the 1st da y of April, 2017,— ( a) any sum of money, without consideration, thea ggr ega te value of which exceeds fifty thousand rupees, the whole of the aggregate value of such sum; ( b) any immovable property,— ( A) without considera tion, the stamp duty value of which exceeds fifty thousand rupees, the stamp duty value of such property; ( B) for a cons ideration which is less than the stamp duty value of the property by an amount exceeding fifty thousand rupees, the stamp duty value of such property as exceeds such considera tion: Provided that where the date of agreement fixing the amount of considera tion for the tra nsfer of immovable property and the da te of r egistra tion ar e not the same, the stamp duty value on the date of a greement may be taken for the purposes of this sub-clause: Provided fu rther that the provisions of the first proviso shall apply only in a case where the amount of considera tion referred to therein, or a part thereof, has been paid by way of a n account payee cheque or an account payee bank draft or by use ofelectronic clearing system through a bank account, on or before the date of agreement for transfer of such immovable property: Pr ovided a lso that where t he sta mp duty va lue of immovable property is disputed by the assessee on grounds mentioned in sub-section ( 2) of section 50C, the Assessing O ff icer ma y refer the va lua tion of such pr operty to a Va lua tion Officer, and the provisions of section 5 0C and sub-section ( 15 ) o f s ect ion 1 5 5 s ha ll, a s fa r a s ma y b e, a p p ly in r el a t ion to the stamp duty value of such p roperty for the purpose of this sub-cla use as they apply for valuation of capital asset under those sections; ( c) any property, other than immovable property,— ( A) without consideration, the aggregate fair market value of which exceeds fifty thousand rupees, the whole of the aggr egate fa ir market value of such property; ( B) for a cons ideration which is less than the aggregate fair market value of the property by a n amount exceeding fift y thousand rupees, the aggregate fa ir market value of such property as exceeds such consideration:-19- Ex-576/2017 Provided tha t this clause shall not apply t o any sum of money or any property received— (I) fr om any r elative; or ( II) on the occasion of the marriage of the individual; or ( III ) under a will or by way of inheritance; or ( IV ) in contemplation of death of the payer or donor, as the case may be; or ( V) fr om any local a uthority as defined in the Explanation to clause ( 20 ) of section 10; or ( VI ) fr om any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause ( 23C ) of section 10; or ( VII ) fr om or by any tr ust or institution registered under section 12A or section 12AA; or ( VIII ) by any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause ( iv) or sub-clause ( v) or sub-clause ( vi) or sub-clau se ( via ) of cla us e ( 23C ) of section 10; or ( IX ) by way of transaction not regarded as tr ansfer under clause ( i) or clause ( vi) or clause ( via ) or clause ( viaa ) or clause ( vib ) or clause ( vic ) or clause ( vica ) or clause ( vicb ) or clause ( vid ) or clause ( vii ) of section 47; or ( X) fr om an individua l by a trust created or established solely for the benefit of r elative of the individual. Explanation.— For the purposes of this clause, the expressions“assessable”, “fair market value”, “jewellery”, “property”, “relative” and “stamp duty value” shall ha ve the sa me meanings as respectively assigned to them in the Explanation to clause ( vii ).’. 30.In s ection 58 of the Income-tax Act , in sub-section ( 1A ), for the word, brackets, figures and let ter “su b-cla us e ( iia )”, the words, bra ckets, figures and letters “sub-clauses ( ia) and ( iia )” shall be substituted with effect from the 1st day of April, 2018. 31.In section 71 of the Income-tax Act, after sub-section ( 3), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely:— ‘( 3A ) Notwithstanding anything contained in sub-section ( 1) or sub-section ( 2), where in respect of any assessment year, the net result of the computa tion under the head “Income from house property” is a loss a nd the a ssessee has income assessable under any other head of income, the assessee shall not be entitled to set off such loss, to the extent the amount of the loss exceeds two lakh rupees, against income under the other head.’. 32. For section 79 of the Income-tax Act, the following section shall be substituted with effect from the 1st day of April, 2018, namely:— “79. Notwithstanding anything contained in this Chapter, where a change-20- Amend- ment of section 58 Amend- ment of section 71 Substitu- tion of new section for section 79 Ex-576/2017 -21- in shareholding has taken place in a previous year,— (a) in the ca se of a company not being a company in which the pu blic are substantially interested and other than a company referred to in clause (b), no loss incurred in any year prior to the previous year sha ll be carried forward and set off against the income of the previous year, unless on the last da y of the previous year, the shares of the company carrying not less than fifty-one per cent. of the voting power were beneficially held by persons who beneficially held shares of the company carrying not less than fifty-one per cent. of the voting power on the last da y of the year or years in which the loss was incur red; ( b) in the case of a company, not being a company in which t he public are substantially interested but being an eligible start-up as referred to in section 80-IAC, the loss incurred in any year prior to the previous year shall be carried forward and set off against the income of the previous year, if, a ll the shareholders of such company who held shar es carr ying voting power on the last day of the year or years in which t he loss was incurred, — (i) continue to hold those shares on the last da y of such previous year; and ( ii) such loss has been incurred during the period of seven years beginning fr om the year in which such company is incorpora ted: Provided tha t nothing conta ined in this section shall apply to a case where a cha nge in the said voting power and shareholding takes place in a previous year consequent upon the death of a shareholder or on a ccount of t ransfer of sha res by way of gift to any relative of the shareholder making such gift: Provided fu rther t hat nothing contained in this section sha ll apply to any change in the shareholding of an Indian company which is a subsidiary of a foreign company as a result of amalgama tion or demerger of a foreign company subject to the condition that fifty-one per cent. shareholders of the amalgamating or demerged foreign company continue to be the shareholders of the amalgamated or the resulting foreign company.”. 33.In section 80CCD of the Income-tax Act, in sub-section ( 1), in cla use ( b), for the words “ten per cent.”, the words “twenty per cent.” shall be substituted with effect from the 1st day of April, 2018. 34.In section 80CCG of the Income-tax Act, after sub-section ( 4), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely:— “( 5) Notwithstanding anything conta ined in sub-sections ( 1) to ( 4), no deduction u nder this section shall be allowed in respect of any assess ment year commencing on or after the 1st day of April, 2018: Provided that an assessee, who ha s acquir ed listed equity shares or listed unit s of an equity oriented fund in accordance wit h the scheme referred to in sub-section ( 1) and claimed deduction under this section for any assess ment year commencing on or before the 1st day of Apr il, 2017, shall be allowed deduction under this section till the assessment year commencing on the 1st Carry forward and set off of losses in case of certain companies. Amend- ment of section 80CCD Amend- ment of section 80CCG Ex-576/2017 day of April, 2019, if he is otherwise eligible to claim the deduction in accordance with the other provisions of this section.”. 35.In s ection 80G of the Income-tax Act, in sub-section (5D ), for the words “ten thousa nd rupees”, the words “two thousand rupees” shall be substituted with effect from the 1st day of April, 2018. 36. In section 80-IAC of the Income-tax Act [as inserted by section 42 of the Finance Act, 2016], in sub-section ( 2), for the words “five years”, the words “seven years” shall be substituted with effect from the 1st day of April, 2018. 37.In section 8 0-IBA of the Income-tax Act [a s inserted by section 4 4 of the Finance Act, 2016], with effect from the 1st day of April, 2018,— ( a) in sub-section ( 2),— (i) in clause ( b), for the words “three years”, the words “ five years” shall be substituted; ( ii) in clauses ( c) and ( f), for the expression “built-up area” wher ever they occur, the wor ds “carpet a rea” shall be substitu ted; ( iii) the words “or within the distance, measured aerially, of twenty-five kilometres from the municipal limits of these cities” wherever they occur shall be omit ted; ( b) in sub-section ( 6), for clause ( a), the following clause shall be substituted, namely:— ‘( a) “carpet area” shall have the same meaning as assigned to it in clause ( k) of section 2 of the Real Estate (Regulation and Development) Act, 2016.’. 38.In s ection 87A of the Income-tax Act, with effect from the 1st da y of April, 2018, — (a) for the words “five hundred thousand rupees”, the words “three hundred fifty thousand rupees” shall be substituted; ( b) for the words “five thousand rupees” [as substituted by section 46 of the Finance Act, 2016], the words “ two thousand five hundred rupees” shall be substituted. 39.In section 90 of the Income-tax Act, aft er Explanation 3, the following Explanation shall be inserted with effect from the 1st day of April, 2018, namely: — “Explanation 4.––For the removal of dou bts, it is hereby declared that where any term used in an agreement entered into under sub-section ( 1) is defined under t he said agr eement, the said term shall ha ve the s ame mea ning as a ssigned to it in the agreement; and where the term is not defined in the said agreement, but defined in the Act, it shall have the same meaning as assigned to it in the Act a nd expla nation, if any, given to it by the Central Government.”. 40.In section 90A of the Income-tax Act, after Explanation 3, the following Explanation shall be inserted with effect from the 1st day of April, 2018, namely: — “Explanation 4.––For the removal of dou bts, it is hereby declared that where any term used in an agreement entered into under sub-section ( 1) -22- 28 of 2016Amend- ment of section 80G Amend- ment of section 80- IAC 28 of 2016Amend- ment of section 80- IBA 16 of 2016 Amend- ment of section 87A 28 of 2016 Amend- ment of section 90 Amend- ment of section 90A Ex-576/2017 is defined under t he said agr eement, the said term shall ha ve the s ame mea ning as a ssigned to it in the agreement; and where the term is not defined in the said agreement, but defined in the Act, it shall have the same meaning as assigned to it in the Act and explanation, if any, given to it by the Central Gover nment. ” . 41.In section 92BA of the Income-tax Act, clause (i) sha ll be omitted. 42.After section 92CD of the Income-tax Act , the following section shall be inserted wit h effect from the 1st day of April, 2018, namely: — ‘92CE. ( 1) Where a primary adjustment to transfer price, — (i) has been made suo motu by the assessee in his retur n of income; ( ii) ma de by t he Asses sing Officer has been accept ed by the a sses see; ( iii) is determined by an advance pr icing agreement entered int o by the assessee under section 92CC; ( iv) is ma de a s p er t he s a f e ha r b ou r r u les fr a med u nder s ect ion 9 2 C B; or ( v) is arising as a r esult of resolution of an assessment by way of the mutual agreement procedure under an agreement entered into under section 90 or section 90A for avoidance of double taxation, the assessee shall make a s econdary adjustment: Provided that nothing contained in this section shall apply, if,— ( i) the amount of pr imary a djustment made in any previous year does not exceed one crore rupees; and ( ii) the primary adjustment is made in resp ect of an assessment year commencing on or before the 1st day of April, 2016. ( 2) Where, as a result of primary adjustment to the transfer price, ther e is an incr ease in the total income or reduction in the loss, as the ca se ma y be, of the assessee, the exces s money which is ava ila ble with its a s socia ted enterp rise, if not repa triated to India within the time as may be pr escribed, shall be deemed to be an adva nce made by the assessee to such associated enterprise and the interest on such adva nce, shall be computed in su ch manner as may be prescribed. ( 3) For the purposes of this section, — (i) “a ssociated enterprise” shall have the meaning assigned to it in sub- section ( 1) and sub-section ( 2) of section 92A; ( ii) “arm’s length price” shall have the meaning assigned to it in clause ( ii) of section 92F; ( iii) “excess money” means the difference between the arm’s length price determined in primary adjustment and the price at which the international transaction has a ctually been underta ken; ( iv) “primary a djustment” to a transfer price, means the determina tion of t ransfer price in accordance with the arm’s length principle resu lting in an incr ease in the total income or r eduction in the loss, as the case may be, of the assessee; ( v) “secondary adjustment” means an adjustment in the books of account of t he asses see and its ass ocia ted enterpr ise to reflect tha t the a ctua l alloca tion of p rofits between the assessee and its associated enterprise ar e consistent with the tra nsfer pr ice determined as a result of primary adjustment, thereby removing the imbalance between cash account and actual profit of the assessee.’.-23- Amendment of section 92BA In sertion of new section 92CE Secondary adjustment in certain cases.Ex-576/2017 43.After section 94A of the Income-tax Act , the following section shall be inserted wit h effect from the 1st day of April, 2018, namely:— ‘94B. ( 1) Notwithstanding anything cont ained in t his Act, where an Indian compa ny, or a perma nent est ablishment of a foreign compa ny in India, being the borrower, incurs any expenditure by way of interest or of similar nature exceeding one crore rupees which is deductible in compu ting income char geable under the head “Profits and ga ins of business or profession” in resp ect of any debt issued by a nonresident, being an associated enterprise of such borrower, the interest shall not be deductible in computation of income under the sa id head to the extent tha t it arises from excess int erest, as specified in sub-section ( 2): Provided that where the debt is issued by a lender which is not associated but an associated enterpr ise either provides a n implicit or explicit guara ntee to such lender or deposit s a cor responding and matching amount of funds with the lender, such debt shall be deemed to have been issued by an associated enterprise. ( 2) For the purposes of sub-section ( 1), the excess interes t sha ll mean an a mount of total interest paid or payable in excess of thirty per cent. of earnings before interest, taxes, depreciation and amortisation of t he borr ower in t he previous year or interest paid or payable to a ssociated enterprises for that previous year, whichever is less. ( 3) Nothing contained in sub-section ( 1) shall apply to an Indian company or a permanent esta blishment of a foreign compa ny which is engaged in the business of b anking or insura nce. ( 4) Where for any assess ment year, the interest expenditure is not wholly deducted against income under the head “ Profits and ga ins of business or profession”, so much of the interest expenditure a s has not been so deducted, shall be ca rried forward to the following assessment year or assess ment years, and it shall be allowed as a deduction a gainst the profits and gains, if any, of any business or pr ofession carried on b y it and assessable for that assess ment year to the extent of maximum allowable interest expenditure in accordance with sub-section ( 2): Provided tha t no interest expenditure sha ll be ca rried forward under this sub-section for more than eight assessment years immediately succeeding the assessment yea r for which the excess interest expenditure was fir st computed. ( 5) For the purposes of this section, the expressions–– ( i) “a ssociated enter prise” shall have the meaning assigned to it in sub-section ( 1) and sub-section ( 2) of section 92A; ( ii) “debt” means any loan, financial instrument, finance lease, financial derivative, or any arrangement that gives rise to interest, discounts or other finance char ges tha t are deductible in the computation of income char geable under the head “Profits and gains of business or profession”; ( iii) “permanent establishment” includes a fixed place of business through which the business of the enterprise is wholly or par tly car ried on. ’.-24- In sertion of new section 94B Lim it at ion on interest dedu ction in certain cases. Ex-576/2017 44.In section 115BBDA of the Income-tax Act [as inserted by section 5 2 of the Finance Act, 2016], with effect from the 1st day of April, 2018,— (i) in sub-section ( 1), for the words “a n assess ee, being an individua l, a Hindu Undivided Family or a firm”, the words “a specified assess ee” shall be substituted; ( ii) for sub-section ( 3), the following Explanation shall be substituted, namely: — ‘Explanation .––F or the purposes of this section, — (a) “dividend” shall have the meaning assigned to it in clause ( 22 ) of section 2 but shall not include sub-clause ( e) thereof; ( b) “specified assessee” means a person other than, — (i) a domestic company; or ( ii) a fund or institution or trust or any university or other educational institution or a ny hospital or other medical institution referred to in sub-clause ( iv) or sub-clause ( v) or sub-clause ( vi) or sub-clau se ( via ) of cla us e ( 23C ) of section 10; or ( iii) a trust or institution registered under section 12A or section 1 2AA. ’. 45.After section 115BBF of the Income-tax Act [as inserted b y section 54 of t he Fina nce Act , 2016], the following section shall be inserted with effect from the 1st day of April, 2018, namely: — ‘115 BBG. ( 1) Wher e the tota l inc ome of a n as ses see includes a ny income by way of transfer of carbon credits, the income-tax payable shall be the aggregate of— ( a) the amount of income-tax calcula ted on t he income by wa y of transfer of carbon credits, at the rate of ten per cent.; and ( b) the amount of income-tax with which the assessee would have been chargeable had his total income been reduced by the amount of income referred to in clause ( a). ( 2) Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance shall be allowed to the assessee under any pr ovision of this Act in computing his income referred to in clause ( a) of sub-section ( 1). Expla na tion .––For the purposes of this section, “carbon credit” in respect of one unit shall mean reduction of one tonne of carbon dioxide emissions or emissions of its equivalent gases which is validated by the United Nations Fra mework on Climate Cha nge and which can be traded in market at its prevailing market price.’. 46.In section 115JAA of the Income-tax Act, with effect from the 1st da y of April, 2018,— ( a) in sub-section ( 2A ), after the proviso, the following proviso shall be inserted,namely: — “Provided further that where the amount of tax credit in respect of any income- tax paid in any country or specified terr itory outside India, under section 90 or section 90A or section 91, allowed against the tax payable under the provisions of sub-section ( 1) of section 115JB exceeds the amount of such tax credit-25- Amend- ment of section 115BBDA28 of 2016 In sertion of new section 115 BBG28 of 2016 Amend- ment of section 115JAA Ex-576/2017 Tax on income from transfer of carbon credits. admissible against the ta x payable by t he assessee on its income in accordance with the other provisions of this Act, then, while computing the amount of credit under this sub-section, such excess amount shall be ignored.”; (b) in sub-section ( 3A ), for the words “ tenth assessment year”, the words “fif teenth assessment yea r” sha ll be substitu ted. 47.In section 115JB of the Income-tax Act, — (i) in sub-section ( 2),— (a) for the words “pr ofit and loss account” wherever they occur, the words “statement of profit and loss” sha ll be substituted; ( b) for the words and figures “the Companies Act, 1956” wherever they occur, the wor ds and figures “the Companies Act, 2013” shall be substituted; ( c) in clause ( a), for the words and figures “Part II of Schedule VI”, the word and figur es “Schedule III” sha ll be substituted; ( d) in claus e ( b), for the words, br ackets a nd figures “proviso to sub- section ( 2) of section 211”, the words, brackets and figures “second proviso to sub-section ( 1) of section 129” shall be substituted; ( e) in the fir st proviso, for the word and figures “section 210”, the word and figures “section 129” shall be substituted; ( ii) a f t er s u b - s ec t io n ( 2), the following sub-sections shall be inserted, namely: — ‘(2A ) For a company whose financial statements are drawn up in compliance to the Indian Accounting Standards specified in Annexure to the Companies (Indian Accounting Sta ndards) Rules, 2015, the book profit as computed in accordance with Explanation 1 to sub-section ( 2) shall be further– ( a) increased by all amounts credited to other comprehensive income in the statement of profit and loss under the head “Items that will not be re-classified to profit or loss”; ( b) decreased by all amounts debited to other comprehensive income in the statement of profit and loss under the head “Items that will not be re-classified to profit or loss”; ( c) increased by amounts or aggregate of the amounts debited to the sta tement of pr ofit and loss on distribution of non-cash assets to shar eholders in a demerger in accordance with Appendix A of the Indian Accounting S tandards 10; ( d) decreased by all amounts or aggregate of the amounts credited to the statement of profit and loss on distribution of non-cash assets to shar eholders in a demerger in accordance with Appendix A of the Indian Accounting S tandards 10: Provided that nothing contained in clause ( a) or clause ( b) shall apply to the amount credited or debited to other comprehensive income under the head “Items that will not be re-classified to profit or loss” in respect of — (i) revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian Accounting Standards 38; or ( ii) ga ins or losses from investments in equity ins truments designated at fair value through other comprehensive income in accordance with the Indian Accounting Sta ndards 109: Provided fur ther that the book profit of the previous year in which the asset or investment r eferred to in the fir st proviso is retired, disposed,-26- Amend- ment of section 115JB 1 of 1956 18 of 2013 Ex-576/2017 realised or other wise transferred sha ll be incr eased or decrea sed, as the case may be, by the amount or the aggregate of the amounts referred to in t he first proviso for the previous year or any of the preceding previous year s and relatable to such asset or investment. (2B ) In the case of a resulting compa ny, where the property and the liabilities of t he undertaking or undertakings being received by it are recorded at values different from values appearing in t he books of account of the demerged company immediately before the demerger, any change in such value shall be ignored for the purpose of computation of book profit of the resulting company under this section. ( 2C ) For a company referred to in sub-section ( 2A ), the book p rofit of the year of convergence and each of the following fou r previous year s, shall be fur ther incr eased or decreased, as the case may be, by one-fifth of the transition amount: Pr ovided that the book pr ofit of the previous year in which the asset or investment r eferred to in sub-clauses ( B) to ( E) of clause ( iii) of the Explanation is retired, disposed, realis ed or otherwise transferred, shall be increased or decreased, as t he case may be, by the amount or the a ggregate of the amounts referr ed to in the said sub-clauses relatable to such asset or investment: Provided fu rther that the book p rofit of the pr evious year in which the for eign operation referred to in sub-clause ( F) of cla us e ( iii) of the Explanation is disposed or otherwise tr ansferr ed, sha ll be increased or dec reased, as the case ma y be, by the amount or the aggregate of the amounts referred to in the said sub-clauses relatable to s uch foreign operations. Explanation .––For the purposes of this sub-section, the expression–– ( i) “year of convergence” means the previous yea r within which the convergence date fa lls; ( ii) “convergence date” means the first day of the first Indian Accounting Sta ndar ds reporting period as defined in the Indian Accounting St anda rds 101; ( iii) “tra nsition amount” means the amount or the aggrega te of the amounts adjusted in the other equity (excluding capit al reserve and securities premium reserve) on the convergence date but not including the following:–– ( A) a mount or aggregate of the amounts adjusted in t he other comprehensive income on the convergence date which shall be subsequently re-classified to the profit or loss; ( B) revaluation surplus for assets in accordance with the Indian Accounting Standards 16 and Indian Accounting Standards 38 adjusted on the convergence date; ( C) ga ins or losses from investments in equity instruments designated at fair value through other comprehensive income in accordance with the Indian Accounting Standards 109 adjusted on the convergence date; ( D) adjustments relating to items of property, plant and equipment and intangible assets recorded at fair value as deemed cost in accordance with paragra phs D5 and D7 of the Indian Accounting Standards 101 on the convergence date; ( E) adjustments relating to investments in subsidiar ies, joint ventures and associates recorded at fair value as deemed cost in accordance with paragraph D15 of the Indian Accounting Standards 101 on the convergence date; and ( F) adjustments relating to cumulative tra nslation differences of a-27- Ex-576/2017 foreign operation in accordance with paragraph D13 of the Indian Accounting Standar ds 101 on the convergence date.’; (iii) in Explanation 1,— (a) for the words “net profit”, the word “pr ofit” shall be substituted; ( b) for the words “pr ofit and loss account” wherever they occur, the words “statement of profit and loss” sha ll be substituted; ( c) in clause ( k), for the words “ profit or loss a ccount”, the words “statement of profit and loss” shall be substituted; ( iv) in Explanation 3,— (a) for the words, brackets and figures “ proviso to sub-section ( 2) of section 211 of the Companies Act, 1956”, the words, brackets and figures “second proviso to sub-section ( 1) of section 129 of the Companies Act, 2013” shall be substituted; ( b) for the words “pr ofit and loss account”, the words “statement of profit and loss” shall be substituted; (c) for the words a nd figures “Pa rt II a nd Part III of Schedule VI to the Companies Act, 1956”, the words a nd figur es “Schedule III to the Compa nies Act, 2013” shall be substituted. 48.In s ection 115JD of the Income-tax Act, with effect from the 1st da y of April, 2018, — (a) in s u b -s ect ion ( 2), the following proviso shall be inser ted, namely: — “P rovided that where the amount of tax credit in respect of a ny incometax paid in any cou ntry or specified terr itory outside India under section 90 or section 90A or section 91, allowed aga inst the alternate minimum tax payable, exceeds the amount of the tax credit admissible against the regular incometax payable by the assessee, then, while computing the amount of credit under this sub-section, such excess amount shall be ignor ed.”; ( b) in sub-section ( 4), for the words “tenth assessment year”, the words “fifteenth assessment year” shall be substituted. 49.In s ection 119 of the Income-tax Act, in sub-section ( 2), in clause ( a), after the figures “271”, the figures and letters “,271C, 271CA” shall be inserted. 50.In section 132 of the Income-tax Act, — (i) in s u b -s ect ion ( 1), after the fourth proviso, the following Explanation shall be inserted a nd shall be deemed to have been inserted with effect from the 1st day of April, 1962, namely: — “Explanation .––F or the removal of doubts, it is hereby declared that the reason to believe, as recorded by the income-tax authority under this sub-section, shall not be disclosed to a ny person or any authority or the Appellate Tribunal.”; ( ii) in sub-section ( 1A ), the following Explanation sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1975, namely: — “Explanation .––F or the removal of doubts, it is hereby declared that the reason to suspect, as r ecorded by the income-tax authority under this sub-section, shall not be disclosed to any person or any authorit y or-28- Amend- ment of section 115JD 1 of 1956 18 of 2013 1 of 1956 18 of 2013 Amend- ment of section 119 Amend- ment of section 132 Ex-576/2017 the Appellate Tribunal.”; (iii ) after sub-section ( 9A ), the following sub-sections shall be inserted,namely:— “( 9B ) Where, during the course of the search or seizure or within a period of s ixty days from the date on which the last of the authorisations for search was executed, the authorised officer, for reasons to be recorded in writing, is satisfied that for the pur pose of protecting the interest of revenue, it is necessary so to do, he may with the pr evious approva l of the Principa l Director General or Director Genera l or the Principal Director or Director, by order in writing, attach provisionally any property belonging to the assessee, and for the said purposes, the pr ovisions of the Second Schedule shall, mutatis mutandis, a p p l y. ( 9C ) Every provisional attachment made under sub-section ( 9B ) shall cease to ha ve effect after the expiry of a period of six months from the date of the order referred to in sub-section ( 9B ). ( 9D ) The authorised officer may, during the course of the search or seizure or within a period of sixty days from the date on which the last of the authorisations for search was executed, make a reference to a Valuation Officer r eferred to in section 142A, who shall estimate the fair market value of the property in the manner provided under that section and submit a report of the estimate to the said officer within a period of sixty days from the date of receipt of such r eference.”; ( iv) for Explanation 1, the following Explanation shall be substituted, namely:— ‘ Explanation 1.––For the purposes of sub-sections ( 9A ), ( 9B ) a nd ( 9D ), with respect to “execution of an authorisa tion for search”, the provisions of sub-section ( 2) of section 153B shall apply.’. 51.In section 132A of the Income-tax Act, in sub-section ( 1), the following Explanation sha ll be inserted and sha ll be deemed to ha ve been inserted with effect from the 1st day of October, 1975, namely: — “Explanation .––F or the r emoval of doubts, it is hereby decla red that the reason to believe, as recorded by the income-tax author ity under this sub- section, shall not be disclosed to any person or any a uthorit y or the Appellate Tribunal.”. 52.In section 133 of the Income-tax Act, — (i) in the fir st proviso, for the wor ds “and the Principal Commissioner or Commissioner”, the words “or the Principal Commissioner or Commissioner or the Joint Director or Deputy Director or Assistant Director” shall be substituted; ( ii) in the second proviso, after the words “Director or Principal Commissioner or Commissioner”, the words “, other than the Joint Director or Deputy Director or Assistant Director,” shall be inser ted. 53.In section 133A of the Income-tax Act, in sub-section ( 1),— (i) in the long line, for the portion beginning with “a t which a business or profession” and ending with “such business or pr ofession––”, the following shall be substituted, namely: — -29- Amend- ment of section 132A Amend- ment of section 133 Amend- ment of section 133A Ex-576/2017 “at which a business or profession or an activity for charitable purpose is carried on, whether such place be the principal place or not of such business or profession or of such activity for charitable purpose, and require any proprietor, trustee, employee or any other person who may at that time and place be attending in a ny manner to, or helping in, the carr ying on of such business or profession or such activity for charit able purpose––”; (ii) in the Expla na tion , after the words “business or profession” wherever they occur, the words “or activity for charita ble pur pose” s hall be insert ed. 54.In s ection 133C of the Income-tax Act, a fter sub-section ( 2) a nd before the Explanation , the following sub-section sha ll be inserted, namely:–– “( 3) The Board may make a scheme for centralised issuance of notice and for processing of information or documents and ma king available the outcome of t he processing to the Assessing Officer.”. 55.In section 1 39 of the Income-tax Act, with effect from the 1st da y of April, 2018, — (i) in sub-section ( 4C ),— (I) after clause ( c), the following clause shall be inserted, namely: “( ca) person referred to in clause ( 23AAA ) of section 10;”; ( II) after clause ( eb ), the following clauses shall be inserted, namely: “( eba ) Investor Protection Fund referr ed to in clause ( 23EC ) or clause ( 23ED ) of section 10; ( ebb ) Core Settlement Gua rantee F und referred to in clause ( 23EE ) of section 10;”; ( III ) aft er cla us e ( f), the following clause shall be inserted, namely: — “(fa) Board or Authorit y refer red to in clause ( 29A ) of section 10;”; ( IV ) in the long line occurring after clause ( h), after the words “association or institution,”, the words “person or” shall be inserted; ( ii) in sub-section ( 5) [as substituted by section 67 of the Finance Act, 2016], the words “ the exp iry of one year from” shall be omit ted. 56.After section 139A of the Income-tax Act , the following section shall be inserted, namely:— ‘139AA. ( 1) Every person who is eligible to obtain Aadhaar number shall, on or after the 1st day of July, 2017, quote Aadhaar number— ( i) in the application form for allotment of permanent account number; ( ii) in the return of income: Provided tha t where the person does not possess the Aadhaar number, the Enrolment ID of Aadhaa r application form issued to him at the time of enrolment shall be quoted in the application for permanent account number or, as t he case may be, in the return of income furnished by him. (2) Every person who has been allotted permanent account number as on t he 1st day of July, 2017, and who is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to such authority in such for m and manner as may be prescribed, on or before a date to be notified by the Central-30- Amend- ment of section 133C Amend- ment of section 139 In sertion of new section 139AA Quoting of Aadhaar number 28 of 2016 Ex-576/2017 Government in the Official Gazette: Provided tha t in ca se of fa ilure to intimate the Aadhaar number, the permanent account number allotted to the person shall be deemed to be invalid and the other pr ovisions of this Act shall apply, as if the person had not a pplied for allotment of permanent account number. (3) T he provisions of this section shall not apply to such person or class or classes of persons or any Sta te or part of any Sta te, as may be notified by the Central Government in this behalf, in the Official Gazette. Explanation .—For the purposes of this section, the expressions— ( i) “Aadhaar number”, “Enrolment” and “resident” shall have the same meanings resp ectively assigned to them in clauses ( a), ( m) and ( v) of section 2 of the Aadhaar (Target ed Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016; ( ii) “Enrolment ID” means a 28 digit Enrolment Identification Number issued to a resident at the time of enrolment.’. 57.In section 140A of the Income-ta x Act, with effect from the 1st da y of April, 2018, — (i) in sub-section ( 1),— (a) in the long line, — (A) after the words “together with interest”, the words “and fee” sha ll b e inser ted; ( B) for the words “a nd interest”, the wor ds “, interest and fee” shall be substituted; ( b) in the Explanation , for the words “a nd interest as aforesaid, the amount so paid shall first be adjusted towards”, the words “, int er es t a nd fee a s a for es a id, t he a mou nt s o p a id s ha ll f ir s t b e a d ju s t ed towa rds the fee payable and ther eafter towards” shall be substitu ted; ( ii) in sub-section ( 3), for the words “ or interest or both” at both the pla ces wher e they occur, t he words “inter est or fee” shall be substitu ted. 58.In section 143 of the Income-tax Act, — (a) in sub-section ( 1), with effect from the 1st day of April, 2018, — (i) in clause ( b), for the words “a nd interest”, the words “, interest and fee” shall be substitu ted; ( ii) in clause ( c),— (A) for the words “and interest”, the words “, interest and fee” shall be substituted; ( B) for the words “or interest”, the words “, interest or fee” shall be substituted; ( iii) in the first proviso, for the words “or interest”, the words “, interest or fee” sha ll be s ubstitu ted; ( b) for sub-section ( 1D ) [as substituted by section 68 of the Fina nce Act , 2016], the following shall be substituted, namely: — “(1D ) Notwithstanding anything contained in sub-section ( 1), the processing of a retur n shall not be necessa ry, where a notice ha s been is sued to the ass essee under sub -section ( 2): Provided that the provisions of this sub-section shall not apply to a ny retur n furnished for the assessment year commencing on-31- 18 of 2016 Amend- ment of section 140A Amend- ment of section 143 28 of 2016Ex-576/2017 or after the 1st day of April, 2017.”. (c) in sub-section ( 3), for the portion beginning wit h the words “On the day specified in the notice” and ending with the words, brackets and letters “issued under clause ( ii) of ”, the words “On the day specified in the notice issued under” s hall be substituted and shall be deemed to have been substituted with effect from the 1st day of June, 2016. 59.In section 153 of the Income-tax Act, — (i) in s u b -s ect ion ( 1), the following provisos shall be inserted, namely: — ‘Provided that in respect of an or der of assessment relating to the assessment year commencing on the 1st day of April, 2018, the provisions of t his sub-section shall have effect, as if for the words “twenty-one months”, the words “eighteen months” had been substituted: Provided fu rther that in respect of an order of assessment relating to the assessment year commencing on or a fter the 1st day of April, 2019, the provisions of this sub-section shall have effect, a s if for the words “twentyone months”, the wor ds “twelve months” had been substituted.’; ( ii) in sub-section ( 2), the following pr oviso shall be inserted, namely: — ‘Provided that where the notice under section 148 is served on or after the 1st day of April, 2019, the provisions of this sub-section s hall have effect, as if for the words “nine months”, the words “twelve months” had been substituted.’; ( iii) in sub-section ( 3), the following pr oviso shall be inserted, namely: — ‘Provided that wher e the order under section 254 is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner or, a s the case may be, the order under section 263or section 264 is passed by the Principal Commissioner or Commissioner on or after the 1st day of April, 2019, the pr ovisions of this sub-section shall have effect, as if for the words “nine months”, the words “twelve months” had been substituted.’; ( iv) in sub-section ( 5), after the proviso, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st da y of June, 2016, namely: — “Provided further that where an order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 requires verification of any issue by way of submission of any document by the assessee or any ot her person or where an opportunity of being hear d is to be provided to the assessee, the order giving effect to the said order under section 250 or section 254 or section 260 or section 262 or section 263 or section 264 shall be made within the time specified in sub-section ( 3).”; ( v) in sub-section ( 9), the following proviso sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 2016, namely: — “Provided t hat where a notice under sub-section ( 1) of section 142 or sub-section ( 2) of section 143 or section 148 has been issued prior to the 1st day of June, 2016 a nd the assessment or r eassess ment has not been completed by such date due to exclusion of t ime referred to in-32- Amend- ment of section 153 Ex-576/2017 Explanation 1, such assessment or reassessment shall be completed in accordance with the provisions of this section as it stood immediately before its substitution by the Finance Act, 2016.”; ( vi) in Explanation 1, in the third proviso, the figur es and letter “ 153B,” s hall be omitted. 60.In section 153A of the Income-tax Act, in sub-section ( 1),— (i) in clause ( a), first pr oviso a nd the second proviso, after the words “six assessment years” wherever they occur, the words “a nd for the relevant assessment year or years” shall be inserted; ( ii) in clause ( b), after the words “requisition is made”, the words “and of t he relevant assessment year or years” shall be inserted; ( iii) in the third proviso, a fter the words “requisition is made”, the words “and for the relevant assessment year or years” shall be inserted; ( iv) after the third proviso, the following shall be inserted, namely: — ‘Provided also that no notice for assess ment or reassessment s hall be issued by the Assessing Officer for the relevant assessment year or years unless— ( a) the Assessing Officer has in his possession books of account or other docu ments or evidence which revea l tha t the income, represented in the form of asset, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more in the relevant assessment year or in aggregate in the relevant assess ment years; ( b) the income referr ed to in clau se ( a) or part thereof has escaped assessment for such year or years; and ( c) the search under section 132 is initiated or requisition under section 132A is made on or after the 1st day of April, 2017. Explanation 1.––For the purposes of this sub-section, the expression “relevant assessment year” shall mean an assessment year preceding the assessment year relevant to the previous yea r in which search is conducted or requisition is made which falls beyond six assessment yea rs but not later than ten assessment years from the end of t he assessment year relevant to the previous year in which sear ch is conducted or requisition is made. Explanation 2.––For the purposes of the fourth proviso, “asset” shall include immovable property being land or building or both, shares and securit ies, loans and advances, deposits in bank account.’. 61.In section 153B of the Income-tax Act, — (a) in sub-section ( 1),— (i) in clause ( a), a fter the words “six assessment years”, the words “and for the relevant assessment year or years” shall be inserted; ( ii) for the second and third provisos, the following provisos shall be substituted, namely: — ‘Provided further that in the case where the last of the authorisations for search u nder section 132 or for requisition under section 132A was executed during the financial year commencing on the 1st day of April, 2018, — (i) the provisions of clause ( a) or clause ( b) of this sub-section -33- Amend- ment of section 153A28 of 2016 Amend- ment of section 153BEx-576/2017 shall have effect, as if for the words “twenty-one months”, the words “eighteen months” ha d been substituted; (ii) the period of limitation for making the assessment or reassessment in case of other person referred to in section 153C, shall be the period of eighteen months fr om the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed or twelve months from the end of the financial year in which books of account or documents or assets seized or r equisit ioned ar e handed over under section 153C to the Assess ing Officer having jur isdiction over such other person, whichever is la ter: P rovided als o t hat in t he cas e where t he las t of the au t hor isa t ions for search under section 1 32 or for requisition under section 132A was executed during the financial year commencing on or after the 1st day of April, 2019, — (i) the provisions of clause ( a) or clause ( b) of this sub-section shall have effect, as if for the words “twenty-one months”, the words “twelve months” had been substituted; ( ii) the period of limitation for making the assessment or reassessment in case of other person referred to in section 153C, shall be the period of twelve months from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed or twelve months from the end of the financial year in which books of account or documents or assets seized or r equisit ioned ar e handed over under section 153C to the Assess ing Officer having jur isdiction over such other person, whichever is la ter: Provided also that in case where the last of the authorisations for search under section 1 32 or for requisition under section 132A was executed and during the course of the proceedings for the assessment or reass essment of tot al income, a r eference under sub- section ( 1) of section 92CA is made, the period available for ma king an order of assessment or reassessment shall be extended by twelve months: Provided also that in case where during the course of the proceedings for the assessment or reassessment of tota l income in case of other person refer red to in section 153C, a reference under sub-section ( 1) of section 92CA is made, the period available for making an or der of assessment or r eassess ment in case of such other person shall be extended by twelve months.’; ( b) in sub-section ( 3), the following proviso sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of June, 2016, namely: — “Provided that where a notice under section 15 3A or section 153C has been issued prior to the 1st da y of June, 2016 and the assess ment has not been completed by s uch date due to exclusion of t ime referred to in the Explanation, such assessment shall be completed in accordance with the provisions of this section as it stood immediately before its substitution by 28 of 2016. the Finance Act, 2016.”;-34- 28 of 2016 Ex-576/2017 (c) in the Explanation , after the second proviso, the following proviso shall be inserted, namely: — “P rovided also t ha t where a pr oceeding befor e the Settlement Commission abates under section 245HA, the period of limitation available under this section to the Assessing Officer for making an order of assessment or reassessment, as the case may be, shall, after the exclusion of t he per iod under sub-section ( 4) of section 245HA, be not less than one year; a nd where such period of limitation is less than one year, it shall be deemed to have been extended to one year.”. 62.In section 153C of the Income-tax Act, in sub-section ( 1),— (a) in the long line, after the words “total income of s uch other person”, the words “ for six assess ment years immediately preceding the assess ment year releva nt to t he previous year in which search is conducted or requisition is made and” shall be inserted; (b) in t he second proviso, after the words “ requisition is made”, the words, brackets, figures and letter “and for the relevant assess ment year or years as referred to in sub-section ( 1) of section 153A” shall be inserted. 63.In s ection 155 of the Income-tax Act, after sub-section ( 14 ), the following sub-section shall be inserted with effect from the 1st day of April, 2018, namely: — “(14A ) Where in the assessment for any previous year or in any intimation or deemed intimation u nder sub-section ( 1) of section 143 for any previous year, credit for income-t ax paid in any country outside India or a specified territory outside India referred to in section 90, section 90A or section 91 has not been given on the ground that the payment of such ta x was under dispute, and if subsequently such dispute is settled; and the assessee, within six months from the end of the month in which the dispute is settled, furnishes to the Assessing Officer evidence of settlement of dispute and evidence of payment of such tax along with an underta king that no credit in respect of such amount has dir ectly or indirectly been claimed or shall be claimed for any other a ssessment year, the Assessing Officer shall amend the order of assessment or any intimation or deemed intima tion under sub-section ( 1) of section 143, as the case may be, and the provisions of section 154 shall, so far as ma y be, apply thereto: Provided that the credit of tax which wa s under dispute shall be allowed for the yea r in which s uch income is offered to tax or assessed to tax in India. ”. 64.After section 194-IA of the Income-tax Act, the following section shall be inserted with effect from the 1st da y of June, 2017, namely: — ‘194-IB. ( 1) Any person, being an individual or a Hindu undivided family (other than those referred to in the second proviso to section 194-I), responsible for paying to a resident a ny income by way of rent exceeding fifty thousand rupees for a month or part of a month during the previous year, shall deduct an a mount equal to five per cent. of such income as income-tax thereon. ( 2) The income-tax referred to in sub-section ( 1) shall be deducted on such income at the time of credit of rent, for the last month of the previous-35- Amend- ment of section 153C Amend- ment of section 155 In sertion of new section 194-1B Payment of rent by certain individuals or Hindu undived familyEx-576/2017 year or the last month of tenancy, if the property is vacated during the year, as the case may be, to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is ear lier. (3) The provisions of section 203A shall not apply to a person required to deduct tax in a ccordance with the pr ovisions of this section. ( 4) In a case where the tax is required to be deducted as per the provisions of section 206AA, such deduction shall not exceed the amount of rent payable for the last month of the previous year or the last month of the tena ncy, as the case may be. Explanation. —For the pur poses of this section, “rent” means any payment, by whatever name ca lled, under any lease, sub-lease, tenancy or any other agreement orarrangement for the use of any la nd or building or both.’. 65.After section 194-IB of t he Income-tax Act as so inserted, the following section sha ll be inserted, namely:— “194-IC. Notwithsta nding a nything contained in section 194-IA, any person responsible for paying to a resident any s um by wa y of consideration, not being consider ation in kind, under the agreement r eferred to in sub-section ( 5A ) of section 45, s ha ll a t the time of credit of such sum to the a ccount of the payee or at the time of pa yment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equa l to ten per cent. of s uch sum as income-tax thereon.”. 66.In s ection 194J of the Income-tax Act, a fter the third proviso and before the Explanation , the following proviso shall be inserted with effect from the 1st da y of June, 2017, namely:— ‘Provided also that the pr ovisions of this section shall have effect, a s if for the words “ten per cent.”, the words “two per cent.” had been substituted in the case of a payee, engaged only in the business of opera tion of ca ll centre.’. 67.In s ection 194LA of the Income-tax Act, after the proviso and before the Explanation , the following pr oviso shall be inserted, namely: — “Provided fu rther that no deduction shall be made under this section where such payment is made in respect of a ny award or agr eement which has been exempted from levy of income-tax under section 96 of t he Right to Fair Compensation a nd Transparency in Land Acquisition, Rehabilitation and Reset tlement Act, 201 3.”. 68.In section 194LC of the Income-tax Act, in sub-section ( 2),— (a) in clause ( i), with effect from the 1st day of April, 2018, — (A) in sub-clauses ( a) and ( c), for the figures, letters and words “1st day of July, 2017”, the figures, letters and words “1st day of July, 2020” shall be substituted; ( B) in the long line, for the word “and”, the word “or” shall be substituted; ( b) after clause ( i), the following clause sha ll be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 2016, namely: — “(ia) in respect of monies borrowed by it fr om a source outside India-36- In sertion of new section 194-IC Payment under specified agreement Amend- ment of section 194J Amend- ment of section 194LA 30 of 2013 Amend- ment of section 194LC Ex-576/2017 by way of is sue of rupee denominated bond before the 1st day of J uly, 2020, and”. 69.In section 194LD of the Income-tax Act , in sub-section (2), for the figures, letters and words “1st day of July, 2017”, the figures, letters and words “1st day of July, 2020” shall be substituted with effect from the 1st day of April, 2018. 70.In section 197A of the Income-ta x Act, with effect from the 1st da y of June, 2017, — (a) in s u b -s ect ion ( 1A ), a ft er t he wor d, figu r es a nd let t er “ s ect ion 1 9 4 A” at both the places where they occur, the words, figur es and letter “or section 194D” shall be inserted; ( b) in sub-section ( 1C ), after the word, figures and letter “section 194A” at both the places where they occur, the words, figur es and letter “or section 194D” shall be inserted. 71.In section 204 of the Income-tax Act, after clause ( iia ), the following clause sha ll be inserted, namely:— “( iib ) in the case of fu rnishing of information relating to payment to a nonresident, not being a company, or to a foreign company, of any sum, whether or not chargeable under the provisions of this Act, the payer himself, or, if the payer is a company, the company itself including the principal officer thereof;”. 72. In section 206C of the Income-tax Act,— ( a) sub-section ( 1D ) sha ll be omitted; ( b) sub-section ( 1E ) sha ll be omitted; ( c) in sub-sections ( 2), ( 3), ( 3A ) and sub-section ( 9), the words, brackets, figure and letter “or sub-section ( ID )” wherever they occur, shall be omitted; ( d) in sub-section ( 6A ), in the first proviso, the words, brackets, figure and letter “, other than a person referred to in sub-section ( 1D ),” shall be omitted; ( e) in sub-section ( 7), in the proviso, the words, br ackets, figure and letter “, other tha n a person referred to in sub-section ( ID ),” shall be omitted; ( f) in the Explanation occurring a fter sub-section ( 11 ),— ( A) in clause ( aa ),— ( I) sub-clasuse ( ii) sha ll be omitted; ( II) after sub-clause ( ii), the following sub-clause shall be inserted, namely:— “( iii) sub-section ( 1F ) means a person who obtains in any sale, goods of the nature specified in the said sub-s ection, but does not include,— ( A) the Centra l Government, a State Government and an embassy, a High Commission, legation, commission, cons ulate and the trade representa tion of a foreign State; or ( B) a local authority as defined in Explanation to clause ( 20 ) of section 10; or ( C) a public sector company which is engaged in the business of carrying passengers.”;-37- Amend- ment of section 194LD Amend- ment of section 197A Amend- ment of section 204 Amend- ment of section 206CEx-576/2017 (B) clause ( ab ) sha ll be omitted. ( C) in clause ( c), for the words, brackets, figures and letters “or sub section ( 1D ) ar e sold or services referred t o in sub -section ( ID ) ar e provided”, the words “ are sold” sha ll be s ubstituted. 73.After section 206CB of the Income-tax Act, the following section shall be inserted, namely:— ‘206CC. ( 1) Notwithstanding anything contained in any other provisions of this Act, any person paying any sum or amount, on which tax is collect ible at source under Chapter XVII-BB (herein referred to as collectee) shall furnish his Permanent Account Number to the person responsible for collecting such tax (herein referred to as collect or), fa iling which tax shall be collected at the higher of the following rates, namely:— ( i) at twice the rate specified in the relevant provision of this Act; or ( ii) at the rat e of five per cent. ( 2) No declaration under sub-section ( 1A ) of section 206C shall be valid unless the person furnishes his Permanent Account Number in s uch declar ation. ( 3) In case any declar ation becomes invalid under sub-section ( 2), the collector shall collect the tax at sour ce in a ccordance with the pr ovisions of sub-section ( 1). ( 4) No cer t if ica t e u n der s u b -s ect io n ( 9) of section 206C sha ll be gr anted unless the application made under that section contains the Permanent Account Number of the applicant. ( 5) The collectee shall fur nish his Permanent Account Number to the collector and both shall indicate the same in all the correspondence, bills, vouchers and other documents which are sent to each other. ( 6) Where the Permanent Account Number provided to the collector is inva lid or does not belong to the collect ee, it shall be deemed that the collectee has not fur nished his Permanent Account Number to the collector and the provisions of sub-section ( 1) sha ll apply accordingly. ( 7) The provisions of this section shall not apply to a non-r esident who does not have permanent est ablishment in India. Expla na tion .— For the purposes of this sub-section, the expression “permanent establis hment” includes a fixed place of business through which the business of the enterprise is wholly or pa rtly ca rried on.’. 74.In section 211 of the Income-tax Act, in sub-section ( 1), in cla us e ( b), for the wor ds, figures and let ters “a n eligible ass essee in respect of an eligib le business referred to in section 44AD”, the words, brackets, figur es and letters “an assessee who declares profits and gains in accorda nce wit h the pr ovisions of sub-section ( 1) of section 44AD or sub-section ( 1) of section 44ADA, as the case may be” shall be substituted. 75.In section 234C of the Income-tax Act, in sub-section ( 1),— ( i) in clause ( a), for the words, figures and letters “an eligible assessee in r espect of the eligible business referr ed to in section 44AD”, the words, brackets and letter “the assessee referr ed to in claus e ( b)” shall be substituted; -38- In sertion of new section 206CC Require- ment to furnish Permanent Account Number by collectee Amend- ment of section 211 Amend- ment of section 234C Ex-576/2017 (ii) in clause ( b), for the words, figures and letters “a n eligible assessee in r espect of the eligible business referr ed to in section 44AD”, the words, brackets, figures a nd letters “an assessee who declares profits and gains in accordance with the provisions of sub-section ( 1) of section 44AD or sub- section ( 1) of section 44ADA, as the case may be” shall be substituted; ( iii) in the first proviso, — (A) in clause ( c), for the words “ first time,” occurring at the end, the words “first time; or” shall be substituted; ( B) after clause ( c) and before the long line, the following clause shall be inserted, namely:— “( d) income of the nature referred to in sub-section ( 1) of section 115BBDA,”; ( C) in the long line, after the words, brackets and letter “or clause ( c)”, the words, brackets and letter “or clause ( d)” shall be inserted. 76.After section 234E of the Income-tax Act , the following section shall be inserted with effect from the 1st day of April, 2018, namely:— “234F. ( 1) Without prejudice to the provisions of this Act, where a person required to furnish a return of income under section 139, fails to do so within the time prescribed in sub-section ( 1) of the sa id section, he shall pay, by way of fee, a sum of, — (a) five thousand rupees, if the return is furnished on or before the 31st da y of December of the asses sment year; ( b) ten thousa nd rupees in any other case: Provided tha t if the total income of the person does not exceed five la kh rupees, the fee paya ble under this section sha ll not exceed one thousand rupees. ( 2) The provisions of this section s hall apply in r espect of retur n of income required to be fur nished for the assessment year commencing on or after the 1st day of April, 2018.”. 77.After section 241 of the Income-tax Act [as it stood immediately before its omission by section 81 of the Finance Act, 2001], the following sect ion shall be inserted, namely:— “241A. For every assessment year commencing on or after the 1st day of April, 2017, where refund of any amount becomes due to the assessee under the provision of sub-section ( 1) of section 143 and the Assessing Officer is of the opinion, having regard to the fact that a notice has been issued under sub-section ( 2) of section 143 in respect of such return, that the grant of the refund is likely to adversely affect the revenue, he may, for r easons to be recorded in writing and with the previous approval of the Principal Commissioner or Commissioner, as the case may be, withhold the refund up to the date on which the assessment is made.”. 78.In section 2 44A of the Income-tax Act, — (i) after sub-section ( 1A ), the following sub-section shall be inserted, namely: — “(1B ) Where refund of a ny amount becomes due to the deductor in-39- In sertion of new section 234F. Fee for default in furnishing return of income In sertion of new section 241A. 14 of 2001 Withholding of refund in certain cases. Amend- ment of section 244AEx-576/2017 respect of a ny amount paid to the credit of the Centra l Government under Chapter XVII-B, such deductor shall be entitled to receive, in addition to the said amount, simple interest thereon calculated at the rate of one-half per cent. for every month or part of a month comprised in the period, from the date on which–– (a) claim for refund is made in the prescribed form; or ( b) t ax is paid, where refund ar ises on a ccount of giving effect to an order under section 250 or section 254 or section 260 or section 262, to the date on which the refund is granted.”; ( ii) in sub-section ( 2),— (a) after the words “ to the assessee”, the words “ or the deductor, as the case ma y be,” sha ll b e inser ted; ( b) after the word, brackets, figur e and letter “or ( 1A )”, the word, brackets, figure and letter “or ( 1B )” shall be inserted. 79.In section 245A of the Income-tax Act, in clause ( b), in the Explanation , in clause ( iv), for the wor ds “ two year s fr om the end of the r elevant assessment year ”, the words, brackets and figures “the time specified for making assess ment under sub-section ( 1) of section 153” shall be substituted. 80.In section 245N of the Income-tax Act, for clause ( b), the following clause shall be substituted, namely:— ‘( b) “a pplicant” means— ( A) any person who— ( I) is a non-r esident referred to in sub-clause ( i) of clause ( a); or ( II) is a resident referred to in sub-clause ( ii) of clause ( a); or ( III ) is a resident referred t o in su b-cla us e ( iia ) of cla us e ( a) falling within any such class or category of persons as the Central Government may, by notifica tion in the Official Gazette, specify; or ( IV ) is a resident falling within any such class or category of persons as the Central Government may, by notification in the Official Gazette, specify in this behalf; or ( V) is referred to in s ub-cla us e ( iv) of clause ( a), and makes an application u nder sub-section ( 1) of section 245Q; ( B) a n a pp lica nt a s defined in cla u s e ( c) of section 28E of the Customs Act, 1962; ( C) an applicant as defined in clause ( c) of section 23A of the Central Excise Act, 1944; ( D) a n a p p lica nt a s d efined in cla u s e ( b) of section 96A of the Finance Act, 1994;’. 81.In section 2 45-O of the Income-tax Act,— ( a) in sub-section ( 3),— ( i) in cl a u s e ( a), a ft er t he wor ds “ a J u d ge of t he S u p r eme C ou r t ”, the words “or the Chief Justice of a High Court or for at least seven year s a Judge of a High Court” shall be inserted; ( ii) for clause ( c), the following clause shall be substituted, namely:—-40- Amend- ment of section 245A Amend- ment of section 245N 52 of 1962 1 of 1944 32 of 1994 Amend- ment of section 245-O Ex-576/2017 “(c) a r evenue Member— ( i) from the Indian Revenue Service, who is, or is qualified to be, a Member of the Board; or ( ii) fr om the India n Customs and Central Excise S er vice, who is , or is qu a lified t o b e, a M emb er of t he C ent r a l Boar d of Excise a nd Customs, on the date of occur rence of vacancy;”; ( iii) in clause ( d), a fter the words “Government of India”, the words “on the date of occurrence of va cancy” shall b e inserted; ( b) after sub -section ( 6), the following sub-sections shall be inserted, namely:— “( 6A ) In the event of t he occur rence of any vaca ncy in the office of the Chairman by reason of his death, resignation or otherwise, the seniormost Vice-chair man shall act as the Chairman until the date on which a new Chairma n, appointed in accorda nce with the provisions of this Act to fill such vacancy, enters upon his office. ( 6B ) In case the Chair man is unable to discharge his funct ions owing to absence, illness or any other ca use, the senior-most Vice- chairman sha ll discharge the functions of the Chairman until the date on which the Chair man resumes his duties.”. 82.In section 245Q of the Income-tax Act, in sub-section ( 1), after the word “advance ruling under this Chapter”, the words, figur es and letters “or under Cha pter of the Customs Act, 1962 or under Chapter IIIA of the Central Excise Act, 1944 or under Chapter VA of the Finance Act, 1994” shall be inserted. 83.In section 253 of the Income-tax Act, in sub-section ( 1), in clause ( f), after the words “authority under”, the words, br ackets and figures “sub-clause ( iv) or subclause ( v) or ” shall be inserted. 84. After section 269SS of the Income-tax Act, the following section shall be inserted, namely: — ‘269ST. No person shall receive an amount of two lakh rupees or more— ( a) in aggregate fr om a person in a day; or ( b) in respect of a single transaction; or ( c) in respect of tra nsactions relating to one event or occasion from a person, otherwise than b y an account pa yee cheque or a n account payee bank draft or use of electronic clear ing system through a bank account: Provided that the provisions of this section shall not apply to— ( i) any receipt by— ( a) Government; ( b) any banking company, post office savings ba nk or co-opera tive bank; ( ii) tr ansactions of the nature referred to in section 269SS; ( iii) such other persons or class of persons or receipts, which the Central Government may, by notification in the Official Gazette, specify. Explanation .—For the purposes of this section,— ( a) “banking company” shall have the same meaning as assigned to it in clause ( i) of the Explanation to section 269SS; ( b) “co-operative bank” shall have the same meaning as assigned-41- 52 of 1962 1 of 1944 32 of 1994Amend- ment of section 245Q Amend- ment of section 253 In sertion of new section 269ST. Mode of undertaking transac- tions.Ex-576/2017 to it in clause (ii) of the Explanation to section 269SS.’. 85. After section 271D of the Income-tax Act, the following section shall be inserted, namely:— “271DA. ( 1) If a person receives any sum in contravention of the p r ovis io ns of s ect ion 2 6 9 S T, he s ha ll b e lia b le t o p a y, b y wa y of p ena lt y, a s u m equal to the amount of such receipt: Provided that no penalty shall be imposable if such person proves that there were good and sufficient reasons for the contravention. ( 2) Any penalty imposable under sub-section ( 1) shall be imposed by the Joint Commissioner.”. 86.In section 271F of the Income-tax Act, the following proviso shall be inserted wit h effect from the 1st day of April, 2018, namely: — “Provided that not hing contained in this section sha ll apply to and in relation to the return of income r equired to be furnished for any assess ment year commencing on or aft er the 1st day of Apr il, 2018.”. 87.After section 271-I of the Income-tax Act, the following section shall be inserted, namely:— ‘271J. Without prejudice to the provisions of this Act, where the Assessing Officer or the Commissioner (Appeals), in the course of any proceedings under this Act, finds that an accountant or a mercha nt banker or a registered valuer has furnished incorrect information in any report or certificate furnished under any provision of this Act or the rules made thereunder, the Assessing Officer or the Commissioner (Appeals) may direct that such accountant or mercha nt banker or registered va luer, a s the case may be, shall pay, by way of penalty, a sum of ten thousand rupees for each such report or certificate. Explanation .––F or the purposes of this section, — (a) “a ccountant” means an accountant referred to in the Explanation below sub-section ( 2) of section 288; ( b) “merchant banker” means Category I merchant banker registered with the Securities and Exchange Board of India established under section 3 of the Securities and Exchange Board of India Act, 1992; ( c) “ registered valuer” means a person defined in clause ( oaa ) of section 2 of the Wealth-tax Act, 1957.’. 88.In s ection 273B of the Income-tax Act, a fter the word, figures and letter “section 271-I,”, the word, figures and letter “section 271J,” shall be inserted. CHAPTER IV INDIRECT TAXES Customs 89. In the Customs Act, 1962 (hereinafter referred to as the Customs Act), in section 2,–– ( a) after clause ( 3), the following clause shall be inserted, namely:— ‘( 3A ) “beneficial owner” means any person on whose behalf the-42- In sertion of new section 271DA. Penalty for failure to comply with provisions of section 269ST. Amend- ment of section 271F In sertion of new section 271J. Penalty for furnishing in correct information in reports or certificates. 15 of 1992 27 of 1957 Amend- ment of sec- tion 273B. Amend- ment of section 2. 52 of 1962Ex-576/2017 goods are being imported or exported or who exercises effective control over the goods being impor ted or exported;’; (b) in claus e ( 13 ), for the words “customs a irport”, the words “customs airport, international courier terminal, foreign post office” shall be substituted; ( c) in clause ( 16 ), the words and figures “in the ca se of goods imported or to be exported by post, the entry referred to in sect ion 82 or” shall be omitted; ( d) in clause ( 20 ), for the words “ any owner”, the words “any owner, beneficial owner” shall be substituted; ( e) after clause ( 20 ), the following clause shall be inserted, namely:– ‘( 20A ) “foreign post office” means any post office appointed under clause ( e) of sub-section ( 1) of section 7 to be a for eign post office;’; ( f) in clause ( 26 ), for the words “ any owner”, the words “any owner, beneficial owner” shall be substituted; ( g) after clause ( 28 ), the following clause shall be inserted, namely:–– ‘( 28A ) “international courier terminal” means any pla ce appointed under clause ( f) of sub-section ( 1) of section 7 to be an international courier terminal;’; ( h) after clause ( 30A ), the following clause shall be inserted, namely:–– ‘( 30B ) “passenger name record information” means the records prepared by an operator of any aircraft or vessel or vehicle or his authorised agent for each journey booked by or on behalf of any passenger;’. 90. In the Customs Act, in section 7, in sub-section ( 1), after clause ( d), the following clauses shall be inserted, namely:–– “( e) the post offices which alone sha ll be foreign post offices for the clearance of impor ted goods or export goods or any class of such goods; ( f) the places which alone shall be international courier terminals for the clearance of imported goods or export goods or any cla ss of such goods.”. 91.In the Customs Act, in section 17, for sub-section ( 3), the following sub- section shall be substituted, namely:–– “( 3) For verification of self-assessment under sub-section ( 2), the proper officer may require the importer, exporter or any other person to produce any docu ment or informa tion, whereby the duty leviable on the impor ted goods or expor t goods, as the case may be, can be ascer tained a nd thereupon, the importer, exporter or such other person shall produce such document or furnish such information.”. 92. In the Customs Act, in section 27, in sub-section ( 2), in the first proviso, after clause ( f), the following clause shall be inserted, namely:— “( g) the duty paid in excess by the importer before an order permit ting clearance of goods for home consumption is made where— ( i) such excess payment of duty is evident from the bill of entry in the case of self-assessed bill of entry; or ( ii) the duty actually payable is reflected in the reassessed bill of entr y in the ca se of reas sessment.”.-43- Amend- ment of section 7. Amend- ment of section 17. Amend- ment of section 27. Ex-576/2017 93.In the Customs Act , in section 28E, for clause (e), the following clause shall be substituted, namely:–– ‘( e) “Authorit y” means the Authority for Advance R ulings constit uted under section 245-O of the Income-tax Act, 1961;’. 94.In the Customs Act, for section 28F, the following section shall be substituted, namely:–– “28F. ( 1) Subject to the provisions of this Act, the Authority for Advance Rulings constituted under section 245-O of the Income-tax Act, 1961 shall be the Authorit y for giving advance rulings for the purposes of this Act and the said Author ity sha ll exer cise the jurisdiction, power s and a uthority conferred on it by or under this Act: Provided that the Member from the Indian Revenue Service (Customs and Central Excise), who is qualified to be a Member of the Boa rd, shall be the revenue Member of the Authority for the pur poses of this Act. ( 2) On and from the date on which the Finance Bill, 2017 receives the assent of the President, every application and pr oceeding pending before the erstwhile Authority for Advance Rulings (Central Excise, Customs and Service Tax) shall stand tr ansferr ed to t he Authority fr om the stage at which such application or proceeding stood as on t he date of such assent.”. 95.In the Customs Act , section 28G shall be omit ted. 96.In the Customs Act, in section 28H, in sub-section ( 3), for the words “two thousand five hundred rupees”, the words “ten thousand rupees” shall be substituted. 97.In the Customs Act, in section 28-I, in sub-section ( 6), for the words “ninety days”, the words “ six months” shall be substituted. 98.In the Customs Act, after section 30, the following section shall be inserted, namely:— “30A. ( 1) The person-in-cha rge of a conveyance tha t enters India from any place outside India or any other person as may be specified by the Central Government by notification in the Official Gazette, shall deliver to the pr oper officer— ( i) the passenger and crew arrival manifest before arrival in the case of a n aircr aft or a vessel and upon arrival in the case of a vehicle; and ( ii) the passenger na me record information of ar riving passengers, in s uch form, conta ining such particulars, in such manner and within s uch time, as may b e prescr ibed. ( 2) Where the passenger and crew a rrival manifes t or the passenger name record informa tion or any pa rt thereof is not delivered to the pr oper officer within the prescr ibed time and if the proper officer is satisfied that there was no sufficient ca use for such dela y, the person-in-cha rge or the other person refer red to in sub-section ( 1) shall be liable to such penalty, not exceeding fifty thousand rupees, as may be pr escribed.”. 99.In the Customs Act, after section 41, the following section shall be inserted, namely:—-44- Amend- ment of section 28E. Substitution of new section for section 28F. Authority for Advance Ruling. Amendment of section 28H. Amendment of section 28-I. In sertion of new section 30A Passenger and crew arrival manifest and passenger name record information Omission of section 28GEx-576/2017 Insertion of new Section 41A.43 of 1961. 43 of 1961. “41A. (1) The person-in-char ge of a conveyance that depar ts fr om India to a place out side India or a ny other person as may be specified by the Central Government by notification in the Official Gazette, shall deliver to the proper officer— ( i) the passenger and crew dep arture manifest; and ( ii) t he passenger name recor d information of departing passengers, in such for m, conta ining such par ticular s, in such manner and within such time, as ma y be p rescribed. ( 2) Where the passenger and crew departure manifest or the passenger name record informa tion or any pa rt thereof is not delivered to the pr oper officer within the prescr ibed time and if the proper officer is satisfied that there was no sufficient ca use for such dela y, the person-in-cha rge or the other person refer red to in sub-section ( 1) shall be liable to such penalty, not exceeding fifty thousand rupees, as may be pr escribed.”. 100.In the Customs Act, in section 46, for sub-section ( 3), the following sub-section shall be substituted, namely:— “( 3) The importer shall present the bill of entry under sub-section ( 1) befor e the end of the next da y following the day (excluding holidays) on which the a ircraft or vessel or vehicle carrying the goods ar rives a t a customs station at which such goods are to be cleared for home consumption or warehousing: Provided that a bill of entry may be presented within thirty days of the expected arr ival of the air craft or vessel or vehicle by which the goods have been shipped for importation into India: Provided further that where the bill of entry is not pr esented within the time so specified a nd the proper officer is satisfied that there was no sufficient cause for such delay, the importer shall pay such charges for late presenta tion of t he bill of entry as ma y be pr escribed.”. 101. In the Customs Act, in section 47, in sub-section ( 2), for the portion beginning with the words “Wher e the importer fails to pay” and ending with the words “in the Official Gazette”, the following sha ll be substituted, namely:— “The importer shall pay the import duty— ( a) on the date of presenta tion of the bill of entry in the ca se of selfassessment; or ( b) within one day (excluding holidays) from the date on which the bill of entry is returned to him by the proper officer for payment of duty in the case of assessment, reassess ment or provisional assessment; or ( c) in the ca se of deferred payment under the proviso to sub-section ( 1), from such due date as may be specified by rules made in this behalf, and if he fa ils to pay the duty within the time so specified, he shall pay interest on the duty not paid or short-paid till t he date of its payment, at such rate, not less than ten per cent. but not exceeding thirty-six per cent. per annum, as may be fixed by the Central Government, by notification in the Officia l Gazette.”. 102.In the Customs Act, for section 49, the following section shall be substituted, namely:––-45- Passenger and crew departure manifest and passenger name record information. Amend- ment of section 46 Amend- ment of section 47 Ex-576/2017 Substitution of new section for section 49. “49.Where,–– (a) in the case of any impor ted goods, whether dutiable or not, entered for home consumption, the Assistant Commissioner of Customs or Deputy Commissioner of Customs is satisfied on the application of the importer that the goods cannot be cleared within a reasonable time; ( b) in the case of any imported dutiable goods, entered for warehousing, the Assistant Commissioner of Customs or Deputy Commissioner of Customs is satisfied on the application of the impor ter tha t the goods cannot be r emoved for deposit in a war ehouse within a reasonable time, the goods ma y pending clearance or remova l, as the case may be, be permitted to be stor ed in a public warehous e for a period not exceeding thirty days: Provided tha t the pr ovisions of Cha pter IX shall not apply to goods permitted to be stored in a public wa rehouse under t his section: Provided further that the Principal Commissioner of Customs or Commissioner of Customs may ext end the period of storage for a fur ther period not exceeding thirty days at a time.”. 103.In t he Customs Act, in section 69, in sub-section ( 1), for clause ( a), the following clause sha ll be su bstituted, namely:–– “( a) a shipping bill or a bill of export or the form as prescribed under section 84 has been presented in respect of such goods;”. 104.In t he Customs Act, section 82 shall be omitted. 105.In the Customs Act, in section 84, for clause ( a), the following clause shall be substituted, namely:–– “( a) the form and manner in which an entry may be made in respect of goods impor ted or to be exported by post;”. 106.In t he Customs Act , in section 127B, after sub-section ( 4), the following sub-section shall be inserted, namely:–– “( 5) Any person, other than a n applicant referred to in sub-section ( 1), may also ma ke an application to the Settlement Commission in r espect of a show cause notice is sued to him in a case relating to the applica nt which has been settled or is pending before the Settlement Commission and such notice is p ending before a n adjudicating authority, in such ma nner and subject to such conditions, as may be specified by rules.”. 107.In t he Customs Act , in section 127C, after sub-section ( 5), the following sub-section shall be inserted, namely:— “( 5A ) The Settlement Commission may, at any time within three months from the date of passing of the order under sub-section ( 5), amend such order to r ectify a ny error apparent on the face of record, either suo motu or when such er ror is brought to its notice by the jurisdictional Pr incipal Commissioner of Customs or Commissioner of Customs or the applicant: Pr ovided that no a mendment which has the effect of enhancing the liability of the applicant shall be made under this sub-section, unless the Sett lement Commission has given notice of such intention to the a pplicant and the jurisdictional Principal Commissioner of C ustoms or Commissioner of-46- Storage of im- ported goods in warehouse pending clea - ra nce or removal. Amend- ment of section 69. Omission of section 82. Amend- ment of section 84. Amend- ment of section 127B Amend- ment of section 127CEx-576/2017 Customs as the case may be, and has given them a reasonable opportunit y of being heard.”. 108.In the Customs Act, in section 157, in sub-section (2), after clause ( aa ), the following clause shall be inserted, namely:–– “( ab ) the form, the par ticular s, the manner and the time of delivering the passenger and cr ew manifest for arr iva l and departure and passenger name recor d infor ma tion a nd t he pena lty for dela y in delivering s uch information under sections 30A and 41A;”. 109.In the Customs Tariff Act, 1975 (hereinafter referred to as the Customs Tariff Act), in section 9, in sub-section ( 3), f or cla u s e ( c), the following cla use shall be substituted, namely:–– “( c) the subsidy has been conferred on a limited number of persons engaged in the manufactur e, production or exp ort of articles;”. 110.In the Customs Tariff Act, the First Schedule shall— ( a) be amended in the manner specified in t he Second Schedule; ( b) be also a mended in the manner specified in t he Thir d Schedule. 111 .In the Customs Tar iff Act , the Second Schedule shall be amended in the manner specified in the Four th Schedule. Excise 112.In t he Cent ral Excise Act , 1944 (her einafter r eferred to a s the Central Excise Act), in section 23A, for clause ( e), the following clause shall be substituted, namely:–– ‘( e) “Authorit y” means the Authorit y for Advance Rulings as defined in clause ( e) of section 28E of the Customs Act, 1962;’. 113.In t he Central Excise Act , section 23B shall be omit ted. 114.In t he Centr al Excise Act, in section 23C, in sub-section ( 3), for the words “two thousand and five hundred rupees”, the words “ten thousand rupees” shall be substituted. 115.In the Central Excise Act, in section 23D, in sub-section ( 6), for the words “ninety days”, the words “six months” sha ll be substituted. 116.In the Central Excise Act, after section 23H, the following section s hall be inserted, namely:— “23-I. On and from the date on which the Finance Bill, 2017 receives the assent of the P resident, every applica tion and proceeding pending before the erstwhile Authority for Adva nce Rulings (Central Excise, Customs and Service Tax) shall stand tr ansferred to the Author ity from the stage at which such applica tion or proceeding stood as on the date of such assent.”.-47- Amend- ment of section 157 51 of 1975Amend- ment of section 9 Amend- ment of First Schedule Amend- ment of Second Schedule 1 of 1944 52 of 1962 Omission of section 23B Amendment of section 23C Amendment of section 23D Insertion of new section 23-I Transitional provision Ex-576/2017 Amend- ment of section 23A. 117.In the Central Excise Act, in section 32E, after sub-section (4), the following sub-section sha ll be inserted, namely:–– “( 5) Any person other than a n assess ee, may also make an applica tion to the Settlement Commission in respect of a show cause notice issued to him in a case relating to the assess ee which has been settled or is pending before the Settlement Commission and such notice is pending before an adjudica ting authority, in such manner and subject to such conditions, as may be prescribed.”. 118.In the Central Excise Act, in section 32F,–– ( i) in sub-section ( 1), for words, brackets and figure “sub-section ( 1) of ” sha ll be omitted; ( ii) after sub-section ( 5), the following sub-section shall be inser ted, namely:– “( 5A ) The Settlement Commission may, at any time within three months from the date of passing of the order under sub-section ( 5), amend such order to rectify any err or appa rent on the face of record, either suo motu or when such error is brought to its notice by the jurisdictional Principal Commissioner of Central Excise or Commissioner of C entral Excise or the applicant: Provided that no a mendment which has the effect of enhancing the liability of the applicant shall be made under this sub-section, unless the Settlement Commission has given notice of such intention to the applicant and the jurisdictional Principal Commissioner of Central Excise or Commissioner of Central Excise as the case may be, and has given them a reasonable opportunity of being hear d.’. Central Excise Tariff 119.In t he Central Excise Tar iff Act , 1985 (hereinafter referred to as the Central Excise Tariff Act), the F ir st Schedule sha ll be amended in the manner specified in the Fifth Schedule. 120.In t he Central Excise Tariff Act, in the First S chedule, in Cha pter 87, in column (4), for the entry “27%” occurring against tariff items 8702 90 21, 8702 90 22, 8702 90 28 and 8702 90 29, the entry “12.5%” shall be substituted and shall be deemed to have been substituted retrospectively with effect from the 1st day of January, 2017. CHAPTER V SERVIC E TAX 121.In the Finance Act, 1994 (hereinafter referred to as the 1994 Act), in section 65B, clause ( 40 ) sha ll be omitted. 122.In the 1994 Act, in section 66D, clause ( f) sha ll be omitted. 123.In the 1994 Act, in section 96A, for clause ( d), the following clause shall be substituted, namely:–– ‘( d) “Authority” means the Authority for Adva nce Rulings as defined in clause ( e) of section 28E of the Customs Act, 1962;’.-48- Amend- ment of section 32E Amend- ment of section 32F Amendment of First Schedule. Retrospective amendment of cetain entries in First Schedule. Amendment of section 65B Amendment of section 66D Amendment of section 96A5 of 1986 52 of 1962 Ex-576/2017 32 of 1994. 124.In the 1994 Act, section 96B shall be omit ted. 125.In t he 1994 Act, in section 96C, in sub-section (3), for the words “two thousand a nd five hundred rupees”, the words “ten thousand rupees” shall be substituted. 126.In t he 1 9 9 4 Act , i n s ect i on 9 6 D, in s u b -s ect io n ( 6), for the words “ninety days”, the words “ six months” sha ll be substituted. 127.In the 1994 Act, after section 96H, the following section shall be inserted, namely:— “96HA. On and from the date on which the Finance Bill, 2017 receives the assent of the P resident, every applica tion and proceeding pending before the erstwhile Authority for Adva nce Rulings (Central Excise, Customs and Service Tax) shall stand tr ansferred to the Author ity from the stage at which such applica tion or proceeding stood as on the date of such assent.”. 128.In the 1994 Act, after section 103, the following sections shall be inserted, namely:— “104. ( 1) Notwithstanding anything conta ined in section 66, as it stood prior to the 1st day of July, 2012, or in section 66B, no service tax, leviable on one time upfront amount (premium, salami, cost, price, development charge or by whatever name called) in respect of taxable service provided or agreed to be provided by a State Government industrial development cor poration or undertaking to industrial units by way of grant of long term lease of thirty year s or more of industria l plots, shall be levied or collected during the period commencing from the 1st da y of June, 2007 and ending with the 21st da y of September, 2016 (both days inclusive). ( 2) Refund shall be made of all such service tax which has been collected, but which would not ha ve been so collected, had sub-section ( 1) been in force at all material times. ( 3) Notwithsta nding anything contained in this Chapter, an applica tion for claim of refund of service tax shall be made within a period of six months from the date on which the Finance Bill, 2017 receives the assent of the P resident . 105. ( 1) Notwithstanding anything conta ined in section 66, as it stood prior to the 1st day of July, 2012, or in section 66B, no service tax shall be levied or collected in respect of taxable services provided or agreed to be provided by the Army, Naval and Air Force Group Insurance Funds by way of life insurance to members of the Army, Navy and Air Force, respectively, under the Group Insurance Schemes of the Centr al Government, during the period commencing from the 10th day of September, 2004 and ending with the 1st day of February, 2017 (both days inclusive). ( 2) Refund shall be made of all such service tax which has been collected, but which would not ha ve been so collected, had sub-section ( 1) been in force at all material times. ( 3) Notwithsta nding anything contained in this Chapter, an applica tion-49- Omission of section 96B Amendment of section 96C Amendment of section 96D In sertion of new section 96HA Transitional provision. In sertion of new section 104 and 105 Special provision for exemption in certain cases relating to lon g term lease of industrial plots. Special provi- sion for ex- emption in certa in cases relating to life insurance services pro- vided to members of armed forces of Union. Ex-576/2017 for the claim of refund of service tax shall be made within a period of six months from the date on which the Finance Bill, 2017 receives the assent of the P resident .”. 129.(1) In the Service Tax (Determination of Value) Rules, 2006 made by the Central Government in exercise of the power s conferred by section 94 of the Finance Act, 1994, published in the Gazette of India vide notification of the Government of India in the Ministry of Fina nce (Department of Revenue) number G.S.R. 228( E), dated the 19th April, 2006,— ( a) ru le 2A a s inser ted by the Service Tax (Deter mination of Va lue) (Amendment) Rules, 2007 published vide number G.S.R. 375( E), dated the 22nd May, 2007; and ( b) rule 2A as substituted by the Service Tax (Determination of Value) Second Amendment Rules, 2012 published vide number G.S.R. 431( E), dated the 6th June, 2012, shall stand amended and shall be deemed to have been amended in the manner specified in column (3 ) of the Sixth Schedule, on and from and up to the corresponding date specified in column (4), aga inst each of the rule specified in column (2) thereof. ( 2) Notwithstanding anything contained in any judgment, decree or order of a ny cour t, tribunal or other authorit y, any action taken or anything done or purported to have been taken or done at any time during t he period specified in column (4 ) of the Sixth Schedule relating to the provisions a s amended by sub-section ( 1) shall be deemed to be and deemed always to have been, for all purposes, as va lidly a nd effectively taken or done as if the amendment made by sub-section ( 1) ha d been in force at a ll material times. ( 3) For the purposes of sub-section ( 1), the Centr al Government s hall have and sha ll be deemed to have the power to make rules with r etrospective effect as if the Central Government had the power to make rules under section 94 of the Finance Act, 1994, retrospectively, at all material times. Explanation .––F or the removal of doubts, it is hereby decla red tha t no act or omission on the par t of any person shall be punishable a s an offence which would not have been so punishable had this section not come into for ce. CHAPT ER VI MISCELLANEOUS PART I AMENDMENTS TO THE INDIAN TRUSTS ACT, 1882 130.The provisions of this Part shall come int o force on such date as the Central Government may, by notification in the Official Gazette, appoint. 131.In s ection 20 of the Indian Trusts Act,1882 [as substituted by section 2 of the India n Trusts (Amendment) Act, 2016],–– ( i) for the words “invest the money in a ny of the securities or class of securities expressly authorised by the instrument of tr ust or”, the words “make investments as exp ressly authorised by the instrument of trust or in any of the securities or class of securities” shall be substituted;-50- 32 of 1994Amend- ment of rule 2A of Service Tax (Determi- nation of Value) Rules, 2006, retrospec- tively. 32 of 1994 Commence- ment of this Part. Amendment of section 20 of Act 2 of 1882Ex-576/2017 (ii) in the proviso, the words “in any of the securities or class of securities mentioned above” shall b e omit ted. PART II AMENDMENTS TO THE INDIAN POST OFFICE ACT, 1898 132.The provisions of this Par t shall come into force on the 1st da y of April, 2017. 133. In section 7 of the Indian Post Office Act, 1898,— ( a) in sub-section ( 1), for the proviso, the following proviso shall be substituted, namely:— “Provided that until such notification is issued, the rates set forth in the First S chedule shall be the r ates chargeable under this Act.”; ( b) sub-section ( 2) sha ll be omitted. PART III AMENDMENTS TO THE RESERVE BANK OF INDIA ACT, 1934 134.The provisions of this Par t shall come into force on the 1st da y of April, 2017. 135.In the Reserve Bank of India Act , 1934, in section 31, after sub-section ( 2), the following sub-section shall be inserted, namely:— ‘( 3) Notwithsta nding anything contained in this section, the Centr al Government may authorise any scheduled ba nk to issue electoral b ond. Explanation .–– For the purposes of this sub-section, “electroal bond” means a bond issued by any scheduled bank under the scheme as may be notified by the Central Government.’. ‘ PART IV AMENDMENTS TO THE REPRESENTATION OF THE PEOPLE ACT, 1951 136.The provisions of this Pa rt shall come into force on the 1st day of April, 2017. 137.In t he Repr esentation of the People Act, 1951, in section 29C, in sub- section ( 1), the following shall be inserted, namely:–– ‘Provided that nothing contained in this sub-s ection shall a pply to the cont ributions received by way of an electoral bond. Explanation .––F or the purposes of this sub-section, “electoral bond” means a bond referred to in t he Explanation to sub-section ( 3) of section 31 of the Reser ve Bank of India Act, 1934. PART V AMENDMENT TO THE SECURITES CONTRACTS (REGULATION) ACT, 1956 138.In t he Securities Contracts (Regulation) Act, 1956, in section 23J, the following Explanation shall be inserted, namely:—-51- Commence- ment of this Part. Amendment of section 7of Act 6 of 1898 Commence- ment of this Part. Amendment of section 31of Act 2 of 1934 Commence- ment of this Part. Amendment of section 29C of Act 43 of 1951 2 of 1934 42 of 1956Ex-576/2017 Amendment of section 23J. “Explanation.— For the removal of doubts, it is clarified tha t the power of a n adjudicating officer to adjudge the quantum of penalty under sections 23A to 23C shall be and shall always be deemed to have exercised under the provisions of this section.”. PART VI AMENDMENTS TO THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 139.The provisions of this Par t shall come into force on the 1st da y of April, 2017. 140.In the Oil Industry (Development) Act, 1974, in section 18, in sub- section ( 2), after clause ( d), the following clauses shall be inserted, namely:— “( e) for meeting any expenditure incurred by any Central Public Sector Undertaking in the oil and gas sector, on behalf of the Central Government; ( f) for meeting expenditure on any scheme or activity by the Central Government relating to oil and gas sector.”. PART VII REPEAL OF THE RESEARCH AND DEVELOPMENT CESS ACT, 1986. 141. The provisions of this Pa rt shall come into for ce on the 1st day of April, 2017. 142. The Resea rch and Development Cess Act, 1986 is her eb y repea led. 143. ( 1) The repeal of the Research and Development Cess Act, 1986 by this Act shall not— ( a) a ffect any other enactment in which t he repealed enactment has been applied, incorporated or referred to; ( b) affect the validity, inva lidity, effect or consequences of anything already done or suffered, or any right, title, obliga tion or liability alr eady acqu ired, accrued or incurr ed or any remedy or proceeding in resp ect thereof, or a ny release or discharge of or from a ny debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; ( c) affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or a ppointment, notwithstanding that the same respectively may have been in a ny manner affirmed or recognised or derived by, in or from the enactment hereby repea led; ( d) revive or r estore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, pract ice, pr ocedure or other matter or thing not now existing or in force. ( 2) The mention of particular matter in sub-section ( 1) shall not be held to prejudice or affect the general a p plication of section 6 of the G ener al Cla uses Act, 1897, with regard to the effect of repeal. 144. Notwithstanding the repeal of the Research and Development Cess Act, 1986, the proceeds of duties levied under the sa id Act immediately pr eceding the date of commencement of this Pa rt,—-52- Commence- ment of this Part. Amendment of section 18 of Act 47of 1974 10 of 1897 Commence- ment of this Part. Repeal of Act 32 of 1986. 32 of 1986 Collection and payment of arrears of duties.Ex-576/2017 Savings (i) if collected by the collecting agencies but not paid into the Reserve Bank of India ; or ( ii) if not collected by the collecting agencies, shall be pa id or, as the case may be, collected and pa id into the Reserve Ba nk of India for being cr edited to the C onsolidated Fund of India. PART VIII AMENDMENTS TO THE SECURIT IES AND EXCHANGE BOARD OF INDIA ACT, 1992 145.The provisions of this P art sha ll come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this P art. 146. In the Securities and Exchange Board of India Act, 1992 (hereafter in this Part referred to as the principal Act), in section 2 , in sub-section ( 1),–– ( A) after clause ( d), the following clauses shall be inserted, namely:–– ‘( da ) “Insurance Regula tory and Development Authorit y” means the Insurance Regulator y and Development Authority of India established under sub-section ( 1) of section 3 of the Insurance Regulatory and Development Authorit y Act, 1999; ( db ) “J udicia l Member” means a Member of the Securities Appella te Tribunal appointed under sub-section ( 1) of section 15MA a nd includes the Presiding Officer;’; ( B) after clause ( f), the following clause shall be inserted, namely:–– ‘( fa) “P ension Fund Regulatory and Development Authority” means the Pension Fund Regula tory a nd Development Authority established under subsection ( 1) of section 3 of the Pension Fund Regulatory and Development Authority Act, 2013;’; ( C) after clause ( i), the following clause shall be inserted, namely:–– ‘( j) “Technical Member” means a Technical Member appointed under sub-section ( 1) of section 15MB.’. 147. In section 15J of the principal Act, the following Explanation shall be inserted, namely:— “ Explanation.— For the removal of doubts, it is clarified tha t the power of a n adjudicating officer to adjudge the quantum of penalty under sections 15A to 15E, clauses ( b) and ( c) of section 15F, 15G, 15H and 15HA shall be and shall a lways be deemed to have been exercised under the pr ovisions of this section.”. 148. In Chapter VIB of the principal Act,–– ( a) in the cha pter heading, for the words “APPELLAT E TRIBUNAL”, the words “SECURITIES APPELLATE TRIBUNAL” shall be substituted; ( b) for section 15K, the following section shall be substituted, namely:– “15K. ( 1) The Centra l Government shall, by notification, establish a Tribunal to be known as the Securities Appellate Tribunal to exercise the jurisdiction, powers and authorit y conferred on it by or under this Act or any other law for the time being in force.-53- Com- mencement of t his Part. Amend- ment of Act 15 of 1992 Amend- ment of section 15J. Amend- ment of Chapter VIB15 of 1992 41 of 1999 23 of 2013 Establish- ment of Securities Appellate TribunalEx-576/2017 (2) T he Centra l Government shall a lso specify in the notification referred to in sub-section ( 1), the matters and places in relation to which the Securities Appellate Tribunal may exer cise jur isdiction.”; ( c) for section 15L, the following section shall be substituted, namely:–– “ 1 5 L . ( 1) The Securities Appellate Tribunal shall consist of a Presiding Officer and such number of Judicial Members and Technical Members as the Centr al Government may determine, by notification, to exercise the powers and discharge the functions conferred on the Securities Appellate Tribunal under this Act or any other law for the time being in for ce. ( 2) Subject to the provisions of this Act,— ( a) the jurisdiction of the Securities Appellate Tribunal may be exercised by Benches thereof; ( b) a Bench may be constituted by the Presiding Officer of the Securities Appellate Tribunal with two or more Judicial or Technical Members as he may deem fit: Provided that ever y Bench constituted shall include a t least one Judicial Member a nd one Technical Member; ( c) the Benches of the Securities Appellate Tribunal shall ordinarily sit at Mumbai and may also sit at such other places as the Central Government may, in consult ation with the Presiding Officer, n ot i f y. ( 3) Notwithsta nding anything contained in sub-section ( 2), the P r es iding Officer ma y t r a ns fer a J udicia l M emb er or a Technica l M emb er of t he Securities Appella te Tribunal fr om one Bench to another Bench.”; ( d) for section 15M, the following sections shall be substituted, namely:– “15M. A person shall not be qualified for appointment as the Presiding Officer or a Judicial Member or a Technical Member of the Securities Appellate Tribunal, unless he— ( a) is, or ha s been, a Judge of the Supreme Court or a Chief Justice of a High C ourt or a Judge of High Court for at least seven year s, in the case of the Pr esiding Officer; and ( b) is, or ha s been, a Judge of High Court for at least five years, in the case of a Judicial Member; or ( c) in the ca se of a Technical Member–– ( i) is, or has been, a Secretary or an Additional Secretar y in the Ministr y or Department of the Centra l Government or any equivalent post in the Central Government or a State Government; or ( ii) is a person of proven ability, integrity and standing having special knowledge and professional exp erience, of not less than fift een yea rs, in financial sector inclu ding securities market or pension funds or commodity deriva tives or insura nce. 1 5 M A. T he P r es iding Officer a nd J u dicia l M emb er s of t he S ecu r i t ies Appellate Tribunal shall be appointed by the Central Government in cons ultation with the Chief Justice of India or his nominee.-54- Composi- tion of Securities Appellate Tribunal Qualificatio n for appoint- ment as Presiding Officer, Judicial Member and Technical Member. Amendment of Presiding Officer and Judicial Members Ex-576/2017 15MB. (1) The Technical Members of the Securities Appellate Tribunal shall be appoint ed by the Central Government on the recommenda tion of a Search-cum-Selection Committee consisting of the following, namely:–– ( a) Presiding Officer, Securities Appellate Tribunal—Chairperson; ( b) Secretary, Department of Economic Affairs—Member; ( c) Secretary, Department of Financial Services—Member; and ( d) Secretary, Legislative Department or Secretary, Depart ment of Lega l Affair s—Member. ( 2) The Secretary, Department of Economic Affairs shall be the Convener of the Sear ch-cum-Selection Commit tee. ( 3) The Search-cum-Selection Committee sha ll determine its procedure for recommending the names of persons to be appointed under sub-section ( 1). 1 5 M C . ( 1) No appointment of the Presiding Officer, a Judicial Member or a Technical Member of the Secur ities Appellate Tribunal shall be inva lid mer ely by r eason of any vacancy or any defect in the constitution of t he Sear chcum-Selection Commit tee. ( 2) A member or part time member of the Boa rd or the Insur ance Regulatory a nd Development Authority or the Pension Fund Regula tory and Development Authority, or any person at senior management level equivalent to the Executive Director in the Boa rd or in such Authorit ies, shall not be appointed as Presiding Officer or Member of the Securities Appellate Tribunal, during his service or tenure as such with the Board or with such Authorities, as the case may be, or within two years from the date on which he ceases to hold office as such in the Board or in such Authorit ies. ( 3) The Presiding Officer or such other memb er of the Securities Appellate Tribunal, holding office on the date of commencement of Part VIII of Cha pter VI of the Finance Act, 2017 sha ll continue to hold office for such term as he was a ppointed and the other provisions of this Act shall apply to such Presiding Officer or such other member, as if Part VIII of Chapter VI of the Finance Act, 2017 had not been enacted.”; ( e) for section 15N, the following section shall be substituted, namely:– “15N. The Presiding Officer or every Judicial or Technical Member of t he Securities Appellate Tribunal shall hold office for a term of five year s from the date on which he enters upon his office, and shall be eligible for reappointment for another term of maximum five years: Provided that no Presiding Officer or the Judicial or Technical Member shall hold office a fter he has attained the age of seventy year s.”; ( f) after section 15P, the following section shall be inserted, namely:— “15PA. In the event of occurrence of any vacancy in the office of the Presiding Officer of the Securities Appellate Tribunal b y reason of his death, resigna tion or otherwise, the senior-most Judicia l Member of the Securities Appellate Tribunal shall act as the Presiding Officer until the date on which a new Presiding Officer is appointed in accordance with the provisions of this Act.”; ( g) in section 15Q, for sub-section ( 2), the following sub-section shall be substituted, namely:—-55- Search-cum- Selection Committee for appointmen t of Techn ical Members. Vacancy not to invalidate selection pr o - ceeding. Tenure of office of Presiding Officer, Judicial or Technical Members of Securities Ap- pellate Tribunal Members to act as Presiding Officer in certain circumstancesEx-576/2017 “(2) The Central Government may, after an inquiry made by the Judge of the Supreme Court, remove the Pr esiding Officer or Judicial Member or Technical Member of the Securit ies App ellate Tribuna l, if he— ( a) is, or at any time has been adjudged as a n insolvent; ( b) ha s become physically or mentally inca pable of acting as the Presiding Officer, Judicial or Technical Member; ( c) ha s been convicted of any offence which, in the opinion of the Central Government, involves moral turpit ude; ( d) ha s, in the opinion of the Centra l Government, s o abused his position as to render his continuation in office detrimental to the public int erest; or ( e) has acquir ed such financial inter est or other interest a s is likely to a ffect prejudicially his funct ions as the Pr esiding Officer or Judicial or Technical Member: Provided that he shall not be removed from office under cla uses ( d) and ( e), unless he has been given a reasonable opportunit y of being heard in the matter.”; ( h) In section 15T,— ( I) in sub-section ( 1),–– ( A) in clause ( b), for the words “under this Act,”, the words “under this Act; or” shall be substituted; ( B) after clause ( b) and befor e the long line, the following cla u se sha ll be inserted, na mely:–– “( c) by an order of the Insurance Regulatory and Development Author ity or the Pension F und Regulatory and Development Authorit y,”; ( II) in sub-section ( 3), after the wor ds “a djudicating officer”, the words “or the Insur ance Regulatory and Development Authority or the Pension Fund Regula tory and Development Authority” shall be inserted; ( III ) in sub-section ( 5), a fter the words “the Board”, the words “or the Ins urance R egulator y and Development Author ity or the Pension Fund Regulatory and Development Authority, as the case may be” shall be insert ed; ( i) in section 15U, after sub-section ( 3), the following sub-sections shall be inserted, na mely:–– “( 4) Where Benches are constituted, the Pr esiding Officer of the Securities Appellate Tribunal may, from time to time make pr ovisions as to the distribution of the business of the Securities Appellate Tribunal amongst the Benches and also provide for the matters which may be dealt with, by each Bench. ( 5) On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Pr esiding Officer of t he Securities Appella te Tribunal ma y transfer any case pending before one Bench, for disposal, to any other Bench.-56- Ex-576/2017 (6) If a Bench of the Securities Appellate Tribuna l consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a refer ence to the Pr esiding Officer of the Securities Appellate Tribunal who shall either hear the point or points himself or refer the case for hearing only on such point or points by one or more of t he other members of the Securities Appellate Tribunal and such point or point s shall be decided according to the opinion of the majority of the members of the Securities Appellate Tribunal who have hear d the ca se, including those who first heard it.”. PART IX AMENDMENT TO THE DEPOSITORIES ACT, 1996 149.In t he Depositories Act, 1996, in section 19-I, the following Explanation shall be inserted, namely:— “ Explanation.— For the removal of doubts, it is clarified tha t the power of a n adjudicating officer to adjudge the quantum of penalty under sections 19A to 19F shall be and shall alwa ys be deemed to have been exercised under the provisions of this section.”. PART X AMENDMENT TO THE FINANCE ACT, 2005 150.In the Fina nce Act , 2005, the Seventh Schedule shall be amended in the manner specified in the Seventh Schedule. PART XI AMENDMENTS TO THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 151. The provisions of this Part shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different provisions of this P art. 152. In the Pa yment and Settlement Systems Act, 2007 (hereafter in this Part referr ed to a s the principa l Act), for Cha pter II, the following Chapter shall be substituted, namely:— ‘CHAPTER II DESIGNATED AUTHORITY 3. ( 1) The Reserve Bank shall be the designated authority for the regulation a nd supervision of payment systems under this Act. ( 2) The Reserve Bank shall exercise the powers, perform the funct ions and discharge the duties conferred on it under this Act through a Board to be known as the “Payments Regulatory Boa rd”. ( 3) T he Board shall consist of the following members, namely:–– ( a) the Gover nor of the Reserve Bank—Cha irperson, ex officio ; ( b) the Deputy Governor of the Reserve Bank in-charge of the Payment and Settlement Systems—Member, ex officio ; -57- 22 of 1996 Amend- ment of section 19-1. Amend- ment of Act 18 of 2005. Com- mencement of t his Part. Amend- ment of Act 51 of 2007 Designated authorityEx-576/2017 51 of 2007. (c) one officer of t he Reserve Bank to be nomina ted by the Central Boa r d of the Reser ve Bank—Member, ex officio ; a nd ( d) thr ee persons to be nominated by the Cent ra l Government — Members. ( 4) The powers and functions of the Board referred to in sub-section ( 2), the time and venue of its meetings, the procedures to be followed in such meetings (including the quorum at such meetings) a nd other matters incidental thereto shall be such as may be pr escribed.’. 153. In section 38 of the principal Act, in sub-section ( 2), in clause ( a), for the words,brackets and figure “Committee constituted under sub-section ( 2)”, the words, brackets and figur e “Boa r d r eferred to in sub -section ( 2)” shall be substituted. PART XII AMENDMENT TO THE COMPANIES ACT, 2013 154.In the Companies Act, 2013, in s ection 182— ( i) in sub-section (1),— ( a) fir st proviso shall be omit ted; ( b) in the second proviso, — ( A) the word “further” shall be omit ted; ( B) the words “and the acceptance” shall be omit ted; ( ii) for sub-section ( 3), the following shall be substituted, namely:— “(3) Every company shall disclose in its profit and loss account the total amount contr ibuted by it under this section during the financia l year to which the account relates. (3A) Notwithstanding anything contained in sub-section ( 1), the contribution under this section shall not be made except by an account payee cheque drawn on a bank or an a ccount payee bank draft or use of electronic clearing system through a bank account: Provided tha t a company may make contribution through any instrument, issued pursuant to any scheme notified under a ny law for the time being in force, for contribution to the politica l parties.”. PART XIII AMENDMENT TO THE FINANCE ACT, 2016 155.In the Finance Act, 2016,–– ( i) in section 50, for the words, figures and letters “with effect from the 1st day of April, 2017”, the wor ds, figures and letters “and shall be deemed to have been substituted with effect from the 1st day of April, 2013” shall be substituted; ( ii) in section 197, clause ( c) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of June, 2016.-58- Amend- ment of section 38. 18 of 2013 Amend- ment of section 182. Amend- ment of Act 28 of 2016.Ex-576/2017 ‘PART XIV AMENDMENTS TO CERTAIN ACTS TO PROVIDE FOR MERGER OF TRIBUNALS AND OTHER AUTHORITIES AND CONDITIONS OF SERVICE OF CHAIRPERSONS, MEMBERS, ETC.A.— PRELIMINARY 156.The provisions of this Part shall come int o force on such date as the Central Government may, by notification in t he Official Gazette, appoint, and different dates may be appointed for different pr ovisions of this Part and any refer ence in any provision to the commencement of this Part shall be construed as a reference to the coming into force of that provision. 157.In t his Part , unles s the context other wis e requir es,— ( a) “a ppointed day”, in relation to any provision of this Part, means such date as the Centr al Government may, by not ification in the Official Gazette, appoint; ( b) “Authority” means the Authority, other than Tribunals and Appellate Tribunals, specified in the Eighth Schedule or Ninth Schedule, as the case may be; ( c) “notification” means a notification published in the Official Ga zette; ( d) “Schedule” means the Eighth Schedule and Ninth Schedule appended to this Act. B.—AMENDMENT S TO THE INDUST RIAL DISPUTES ACT, 1947 AND THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952. 158.In the Industrial Disputes Act, 1947,— ( a) in section 7A, after sub-section ( 1), the following sub-section shall be inserted, namely:— “( 1A ) The Industrial Tribunal constituted by the Central Government under sub-section ( 1) shall a lso exercise, on and from the commencement of P art XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tr ibunal referred to in section 7D of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.”; ( b) after section 7C, the following section shall be inserted, namely:— “7D. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation and removal and other terms and conditions of service of the Presiding Officer of t he Industrial Tribunal appoint ed by the Centr al Government u nder sub-section ( 1) of section 7A, shall, aft er the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be governed by the provisions of section 184 of that Act: Provided that the Presiding Officer appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.-59- Com- mencement of t his Part. Defini- tions. Amendment of Act 14 of 1947. 19 of 1952. Qualifica- tion, terms and condi- tions of ser- vice of Pre- siding Of- ficer. Ex-576/2017 159.In t he Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,— (a) in section 2, for clause ( m), the following clause shall be substituted, namely:— ‘( m) “Tribunal” means the Industrial Tribuna l refer red to in section 7 D;’; ( b) for section 7D, the following section shall be substituted, namely:— “7D. The Industrial Tribunal constituted by the Central Government under sub-section ( 1) of section 7A of the Industrial Disputes Act, 1947 shall, on and from the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.”; ( c) sections 7E, 7F, 7G ,7H, 7M and 7N shall be omit ted; ( d) for section 18A, the following section shall be substituted, namely:— “18A. The authorities referred to in section 7A and every inspector shall be deemed to be a public servant within the meaning of section 21 of t he Indian Penal Code.”; ( e) in section 21, in sub-section ( 2), clause ( a) sha ll be omitted. C.—AMENDMENTS TO THE COPYRIGHT ACT, 1957 AND THE TRADE MAR KS ACT, 1999. 160.In the Copy Right Act, 1957,— ( a) for the words “Copyright Board”, wherever they occur, the words “Appellate Board” shall be substituted; ( b) in section 2, after clause ( a), the following clause shall be inser ted, namely:— ‘( aa ) “Appellate Board” means the Appellate Board referred to in section 11'; ( c) for section 11, the following section shall be substituted, namely:— “11. The Appellate Board establis hed under section 83 of the Trade Marks Act, 1999 sha ll, on and from the commencement of Part XIV of Chapter VI of the F inance Act, 2017, be t he Appellate Board for the pur poses of this Act and the said Appellate Board sha ll exercise the jurisdiction, powers and a uthorit y confer red on it by or under this Act.”; ( d) in section 12, sub-sections ( 3) and ( 4) sha ll be omitted; ( e) in section 78, in sub-section ( 2), clause ( a) shall be omitted.”. 161.In the Trade Marks Act, 1999,— ( a) for the word “Chairman” or “Vice-Chair man”, wherever it occurs, the word “Chairperson” or “Vice-C hairperson” shall be substituted; ( b) in section 83, a fter the words “under this Act”, the words and figures “and under the Copyright Act, 1957" shall be inserted; ( c) after section 89, the following section shall be inserted, namely:— “89A. Notwithstanding anything in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms a nd condit ions of s ervice of t he C ha ir person, Vice--60- Amend- ment of Act 19 of 1952. Tribunal. Au th or it ies and inspec- tor to be public ser- vant. Amend- ment of Act 14 of 1957. 47 of 1999. 47 of 1957. Appellate Board. Amend- ment of Act 47 of 1999. Qu alifica- tions, terms and conditions of serviceEx-576/2017 45 of 1860. Chairperson and other Members of the Appellate Board appointed a fter the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson, Vice-Chairperson and other Members appointed before the commencement of Part XIV of Chapter VI of the Fina nce Act, 2017, shall continue to be governed by the p rovisions of this Act, a nd the rules made thereunder as if the provisions of section 184 of the F inance Act, 2017, had not come into for ce.”D.—AMENDMENTS TO THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 AND THE RAILWAYS AC T, 1989. 162.In the Railway Claims Tribunal Act, 1987,— ( a) in section 3, after the words “under this Act ”, the words, letters and figures “and under Chapter VII of the Railways Act,1989” shall be inserted; ( b) after section 9, the following section shall be substituted, namely:— “9A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and other terms and conditions of service of the Chairman, Vice-Chairman and other Members of the Tribunal appointed aft er the commencement of P art XIV of Chapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided that the Chairma n, Vice-Chair man and Members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Fina nce Act, 2017, had not come into force.”; ( c) in section 13, after sub-section ( IA ), the following sub-section shall be inserted, namely:— “( 1B ) The Claims Tribunal shall also exercise, on and from the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal under Chapter VII of the Railways Act,1989.”; ( d) in section 15, for the words, brackets, figures and letter “sub-sections ( 1) and ( 1A )”, the words, brackets, figures and letters “sub-sections ( 1), ( 1A ) and ( 1B )” shall be substituted; ( e) in section 24, in sub-section ( 1), for the words, brackets, figure and letter “or, as the case may be, the date of commencement of the provisions of sub-section ( 1A )”, at both the pla ces wher e they occur, t he words, brackets, figures and letters “or the date of commencement of the provisions of sub- section ( 1A ), or, as the case may be, the date of commencement of the provisions of sub-section ( 1B )” shall be substituted. 163.In the Railways Act, 1989,— ( a) in s ect ion 2 , for cla u s e ( 40 ), the following clause shall be substituted, namely:— ‘( 40 ) “Tribunal” means the Tribunal referred to in section 33;’; ( b) in Chapter VII, for the heading, the following heading shall be substituted, namely:—-61- of Chairper- son, Vice- Chairper- son and Member Amend- ment of Act 54 of 1987. Qu alifica- tions, terms and conditions of service of Chairman, Vice- Chairman and Member. 24 of 1989. 24 of 1989. 24 of 1989.Amend- ment of Act 24 of 1989. Ex-576/2017 “TRIBUNAL”; (c) for section 33, the following section shall be substituted, namely:— “33. The Railway Claims Tribunal establis hed under section 3 of the Railway Claims Tribunal Act, 1987 shall, on and from the commencement of P art XIV of Cha pter VI of the Finance Act, 2017, be the Tribunal for the pur poses of this Act and the sa id Tr ibuna l sha ll exercise t he jurisdiction, authority and powers conferred on it by or under this Act.”; ( d) sections 34 and 35 shall be omit ted; ( e) in section 48, in sub-section ( 2), clause ( a) sha ll be omitted. E.—AMENDMENTS TO T HE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY) ACT, 1976 AND THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999. 164.In t he Smugglers a nd Foreign Exchange Ma nipulators (Forfeitur e of Property) Act, 1976,— ( a) in section 12, in sub-section ( 1), a f t er cla u s e ( c), the following clause shall be inserted, namely:— “( d) by the Adjudicating Authorities, Competent Authorit ies and the Qualifications, Special Dir ector (Appeals) under the Foreign Exchange Management Act, 1999.”; ( b) after section 12, the following section shall be inserted, namely:— “12A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the Chairperson and other members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson and other members appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of s ection 184 of the Finance Act, 2017 had not come into force.”. 165.In t he Foreign Exchange Management Act, 1999,— ( a) in section 2,— ( i) fo r cla u s e ( b), the following clause sha ll be su bstituted, namely:— ‘( b) “Appellate Tribunal” means the Appellate Tribunal referred to in section 18;’; ( ii) in clause ( zc), for the word and figur es “section 18 ”, the word and figures “section 17” shall be substituted; ( b) for section 18, the following section shall be substituted, namely:— “18. The Appellate Tribunal constituted under sub-section ( 1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers a nd authority conferred on it by or-62- Tribunal. 54 of 1987. Amend- ment of Act 13 of 1976. 42 of 1999. Qu alifica- tions, terms and conditions of service of Chairper- son, and Member. Amend- ment of Act 42 of 1999. Appellate Tribunal. 13 of 1976. Ex-576/2017 under this Act.”; (c) section 20 shall be omitted; ( d) for section 21, the following section shall be substituted, namely:— “21. A person shall not be qualified for appointment a s a Special Dir ector (Appeals) unless he— ( a) ha s been a member of the Indian Legal S ervice and has held a post in Grade I of that Service; or ( b) ha s been a member of the India n Revenue Service and has held a post equivalent to a Joint Secretar y to the Government of India.”; ( e) section 22 shall be omitted; ( f) for section 23, the following section shall be substituted, namely:— “23. The salary and allowances payable to and the other terms and conditions of service of the Special Director (Appeals) shall be such as may be prescribed.”; ( g) sections 24, 25 and 26 shall be omit ted; ( h) for section 27 , the following section shall be substituted, namely:— “27. ( 1) The Centr al Government shall provide the office of the Special Director (Appeals) with such officers and employees as it may deem fit. ( 2) The officers and employees of the office of the Special Director (Ap peals) shall discharge their functions under the general superintendence of the Sp ecia l Dir ector (Appea ls). ( 3) The salaries and allowances and other terms and condit ions of s erviceof the officers a nd employees of the office of the Special Director (Appeals) shallbe such as may be prescribed.”; ( i) sections 29, 30 and 31 shall be omit ted; ( j) in section 32,— ( i) for t he wor d s a nd b r a cket s “ Ap p ella t e Tr ib u na l or t he S p ecia l Director (Appeals), as the case may be”, at both the places where they occur, the words and brackets “Special Director (Appeals)” shall be substituted; ( ii) in sub-section (1 ), for the wor ds and brackets “Appellate Tribunal or the Special Director (Appeals)”, the words a nd brackets “Special Director (Appeals)” shall be substituted; ( k) for section 33, the following section shall be substituted, namely:— “33. The Adjudicating Authority, Competent Authority and the Special Dir ector (Appeals) and other officers a nd employees of the Special Director (Appeals) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.”; ( l) in section 46, in sub-section ( 2),— ( i) in clause ( e), for the words and brackets “Cha irperson and other Members of the Appellate Tribunal and the Special Director (Appeals)”, the words and brackets “Special Director (Appeals)” shall be substituted; ( ii) in claus e ( f), for the words a nd brackets “ Appella te Tribunal and the office of the S pecia l Dir ector (Appeals)”, the words a nd-63- Qu alifica- tions, for appoint- ment of Special Director (Appeals) Terms and conditions of service of Special Director (Appeals). Staff of Special Director (Appeals). 45 of 1860.Officers and employees, etc., to be public servant. Ex-576/2017 brackets “office of the Special Director (Appeals)” shall be substituted.F.—AMENDMENTS TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 AND THE CONTROL OF NATIONAL HIGHWAYS (LAND AND TRAFFIC) AC T, 2002. 166.In the Airports Authority of India Act, 1994,— ( a) in section 28-I, in sub-section ( 1), a fter the words “ under this Act”, the words, brackets and figures “and the Control of National Highways (Land and Traffic) Act, 2002" shall be inserted; ( b) after section 28J, the following section shall be inserted, namely:— “28JA. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the other terms and conditions of service of the Chairperson of the Tribunal appointed a fter the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided that the C hairperson appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the rules made thereunder as if the provisions of s ection 184 of t he Fina nce Act , 2017 had not come into force.”. 167.In the Control of National Highwa ys (Land and Traffic) Act, 2002,— ( a) in section 2, for clause ( 1), the following clause shall be substituted, namely:— ‘( 1) “Tribunal” means the Airport Appellate Tribunal referred to in sub section ( 1) of section 5;’; ( b) in Chapter II, for the heading, the following heading shall be substituted, namely:— “HIGHWAYS ADMINISTRATION AND TRIBUNALS, ETC.”; ( c) in section 5,— ( i) for sub-section ( 1), the following sub-section sha ll be substituted, namely:— “( 1) The Airport Appellate Tribunal established under section 28-I of the Airports Author ity of India Act, 1994 shall, on and from the commencement of Part XIV of Cha pter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and author ity conferred on it by or under this Act.”; ( ii) in sub-section ( 2), for the words, brackets and figure “shall also specify, in the notification referred to in sub-s ection ( 1)”, the wor ds “shall specify, by notification in the Official Gazette”, shall be substituted; ( d) sections 6, 7, 8 , 9, 10 , 11, 12 and 13 sha ll be omit ted; ( e) for section 44, the following section shall be substituted, namely:— “44. The officer or officers constituting the Highways Administr ation and any other officer authorised by such Administration under this Act,-64- 13 of 2003.Amend- ment of Act 55 of 1994. Qu alifica- tions, terms and conditions of service of Chairper- son. Amend- ment of Act 13 of 2003. 55 of 1994. Officers of HighwaysEx-576/2017 shall be deemed, when act ing or purporting to act in pursuance of any of the provisions of this Act, to be public serva nts within the meaning of section 21 of the Indian Penal Code.”; (f) in section 45, for the words “ the Presiding O fficer of the Tribuna l or any other officer of the Central G overnment or an officer or employee of the Tribunal”, the words “any other officer of the Central Government” shall be substituted; ( g) in section 50, in sub-section ( 2), clauses ( b), ( c), ( d) and ( e) shall be omitted. G.—AMENDMENTS TO THE TELECOM REGULATORY AUTHORITY OF INDIA ACT, 1997, THE INFORMATION TECHNOLOGY ACT, 2000 AND THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA ACT, 2008. 168.In the Telecom Regulatory Authority of India Act,1997,— ( a) in section 14, after clause ( b), the following clause shall be inserted, namely:— “( c) exercise jurisdiction, powers a nd authority conferred on— ( i) the Appellate Tr ibunal under the Information Technology Act, 2000; and ( ii) the Appellate Tribunal under the Airports Economic Regulatory Authority of India Act, 2008.”; ( b) after section 14G, the following section shall be substituted, namely:— “14GA. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal appointed after the commencement of Part XIV of C hapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Pr ovided tha t the Chair person and Member appointed before t he commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. 169.In the Information Technology Act, 2000,— ( a) for the words “Cyber Appellate Tribunal”, wherever they occur, the words “Appellate Tribunal” shall be substituted; ( b) in section 2, in su b-section ( 1),— ( i)after clause ( d), the following clause shall be inserted, namely :- ‘( da ) “Appellate Tribuna l” means the Appellate Tribuna l referred to in sub-section ( 1) of section 48;’; ( ii) clause ( n) sha ll be omitted; ( c) in section 48,— ( i) for the ma rginal heading, the following marginal heading shall be substituted, namely:— Adminis- tration to be pu blic servan t 21 of 2000. Amend- ment of Act 24 of 1997. 27 of 2008. Qu alifica- tions, terms and conditions of service of Chairper- son and Member. Amend- ment of Act 21 of 2000. -65-Ex-576/2017 45 of 1860. “APPELLATE TRIBUNAL”; (ii) for sub-section ( 1), the following sub-section sha ll be substituted, namely:— “( 1) T he Telec om Disp utes Settlement and Appella te Trib una l esta blished under section 14 of the Telecom Regulatory Authorit y of India Act, 1997 shall, on and fr om the commencement of Part XIV of C ha pter VI of the Fina nc e Act, 2 017, be the App ellate Tr ibuna l for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferr ed on it by or under this Act. ”. ( iii) in sub-section ( 2), for the words, brackets and figure “shall also specify, in the notification referred io in sub-section ( 1)”, the words “shall specify, by notifica tion” shall be substituted; ( d) sections 49, 50, 51, 52, 52A, 52B, 52C, 53, 54 and 56, shall be omitted; ( e) for section 82, the following section shall be substituted, namely:— “82.The Controller, the Deputy Controller and the Assistant Controllers shall be deemed to be public servants within the meaning of section 21 of t he Indian Penal Code.”; ( f) in section 84, for the words “the Chairperson, Members, adjudicating officers and the staff of the Cyber Appellate Tribunal”, the words “and adjudicating officers” shall be substituted; ( g) in section 87, in sub-section ( 2), clauses ( r), ( s) and ( t) shall be omitted. 170.In the Airports Economic Regulatory Authority of India Act, 2008,— ( a) in the long title, the words “ and also to establish Appella te Tribunal to adjudica te disputes and dispose of a ppeals” shall be omitted; ( b) in section 2, for claus e ( d), the following clause shall be substituted, namely:— ‘( d) “Appellate Tr ibunal” mea ns the Telecom Disputes Settlement and Appellate Tribunal referred to in section 17;’; ( c) in section 17,— ( i) for the ma rginal heading, the following marginal heading shall be substituted, namely:— “APPELLATE TRIBUNAL” ( ii) for the por tion beginning wit h the wor ds “ The C entr al Government” and ending with words “Appellate Tr ibunal”, the words and figures “The Telecom D isputes Settlement and Appella te Trib una l established under section 14 of the Telecom Regulatory Authority of India Act, 1997 sha ll, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tr ibunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act” shall be substituted; ( d) sections 19, 20, 21, 22, 23, 24, 25, 26 and 27 shall be omitted; ( e) in section 51, in sub-section ( 2), clauses ( i), ( j) a nd ( k) shall be omitted. -66- 24 of 1997. 45 of 1860.Controller, Deputy Controller and Assistant Controller to be public servants. Amend- ment of Act 27 of 2008. 24 of 1997. Ex-576/2017 H.—AMENDMENT S TO THE COMPET ITION ACT, 2002 AND THE COMPANIES AC T, 2013. 171.In t he Competition Act, 2002,— ( a) in s ect ion 2 , for cla u s e ( ba ), the following clause shall be substituted, namely:— ‘( ba ) “Appella te Tribunal” means the Nationa l C ompa ny Law Appellate Tribunal referred to in sub-section ( 1) of section 53A;’; ( b) in Chapter VIIIA, for the heading, the following heading shall be substituted, namely:— “APPELLATE TRIBUNAL”; ( c) for section 53A, the following section shall be substituted, namely:— “53A. The Na tional Company Law Appellate Tribunal constit uted under section 410 of the C ompanies Act, 2013 sha ll, on a nd from the commencement of Par t XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall— ( a) hear and dispose of appeals against any direction issued or decision ma de or or der passed by the Commission under sub-sections ( 2) and (6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43A, section 44, section 45 or section 46 of this Act; and ( b) adjudicate on claim for compensation t hat may arise from the findings of the Commission or the orders of the Appellate Tribunal in a n appeal against any finding of the Commission or under section 42A or under sub-section ( 2) of section 53Q of this Act, and pass orders for the recovery of compensation under section 53N of this Act.”; ( d) sections 53C, 53D, 53E, 53F, 53G, 53H, 53-I, 53J, 53K, 53L, 53M and 53R shall be omit ted; ( e) in section 63, in sub-section ( 2), clauses ( mb ), ( mc ) and ( md ) sha ll be omitted. 172.In t he Companies Act, 2013,— ( a) in section 410, for the words “for hearing appeals against the or ders of the Tribunal”, the following shall be substituted, namely:— “for hearing appeals against,— ( a) the order of the Tribunal under this Act; and ( b) any direction, decision or order referred to in section 53 N of the Competit ion Act , 2002 in accor dance with the provisions of that Act.”; ( b) after section 417, the following section shall be inserted, namely: “417A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal appointed-67- Amend- ment of Act 12 of 2003. 18 of 2013. Amend- ment of Act 18 of 2013. 12 of 2013. Qu alifica- tions, terms and conditions of service of Ex-576/2017 Appelate Tribunal. after the commencement of Part XIV of C hapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided tha t the Chairperson and Member a ppointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.I.—AMENDMENT TO THE CINEMATOGRAPH ACT, 1952 173. In the Cinematogr aph Act , 1952, after section 5D, the following section shall be inserted, namely:— “5E. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the ot her terms and condit ions of service of the Cha irman and other members of the Appellate Tribunal appointed a fter the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chair man and member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be gover ned by the provisions of this Act and the rules made thereunder as if t he provisions of section 184 of the Finance Act, 2017 had not come into for ce.”. J.—AMENDMENTS TO THE INCOME- TAX ACT, 1961 174.In the Income Tax Act, 1962,— ( a) afte rsection 245-O, the following section shall be inserted, namely:— “245-OA. Notwithstanding a nything conta ined in t his Act, the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the Chairman, Vice- Chairman and other Members of the Authority appointed after the commencement of Part XIV of C hapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided tha t the Chairman, Vice-Chairman and Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act and the rules made thereunder as if the provisions of section 184 of the Fina nce Act , 2017 had not come into force.”; ( b) after section 25 2, the following section shall be inserted, namely:— “252A. Notwithstanding a nything contained in this Act , the qualifications, appointment, term of office, salaries and allowances, resignation, remova l and t he other terms and conditions of service of the President, Vice-President a nd other Members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Fina nce Act , 2017, shall be governed by the provisions of section 184 of that Act: Provided that the President, Vice-President a nd Member appointed before the commencement of Part XIV of Chapter VI of the Finance-68- Amendment of Act 37 of 1952.Chairper- son and Member. Qu alifica- tions, terms and conditions of service of Chairman and Member. Amendment of Act 43 of 1961. Qu alifica- tions, terms and conditions of service of Chairman, Vice Chairman and Member. Qu alifica- tions, terms and conditions of service of President, Vice President and Member.Ex-576/2017 Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Fina nce Act , 2017 had not come into force.”;K.—AMENDMENT TO T HE CUSTOMS ACT, 1962 175.In the Customs Act, 1962, in section 129, after sub-section (6), the following sub-section sha ll be inserted, namely:— “( 7) Notwithsta nding a nything contained in this Act, the qua lifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the other terms and conditions of service of the President, Vice-President or other Members of the Appellate Tribunal appointed after the commencement of P art XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the President. Vice-President and Member appointed before the commencement of Part XIV of Cha pter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into for ce.”. L.—AMENDMENT TO THE ADMINISTRATIVE TRIBUNALS ACT, 1985 176.In the Administrative Tribunals Act, 1985, after section 10A, the following section sha ll be inserted, namely:— “10B. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the ot her terms and condit ions of service of the Cha irman and other Members of the Tribunal a ppointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairman and Member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. M—AMENDMENT TO THE CONSUMER PROTECTION ACT, 1986 177.In the Consumer Protection Act, 1986, after section 22D, the following section sha ll be inserted, namely:— “22E. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal a nd t he other terms a nd conditions of ser vice of the P resident and ot her members of the National Commission appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Pr ovided t hat the President and member appoint ed befor e the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made-69- Amend- ment of Act 52 of 1962. Amendment of Act 13 of 1985. Qu alifica- tions, terms and condi- tions of service of Chairman, and Member. Amendment of Act 68 of 1986. Qu alif icat ions, terms and con ditions of service of President and Member.Ex-576/2017 thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”.N.—AMENDMENT TO THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 178.In t he Securities and Exchange Board of India Act, 1992, after section 15Q, the following section shall be inserted, namely:— “15QA. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the ot her terms and conditions of service of the Presiding Officer and other Members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided tha t the P residing Officer and Member a ppointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be gover ned by the provisions of this Act and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. O.—AMENDMENTS TO THE RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 179.In the Recovery of Debts due to Banks and Financia l Institutions Act, 1993,— ( a) after section 6, the following section shall be inserted, namely:— “6A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Pr esiding Officer of the Tribunal appointed after the commencement of Part XIV of Cha pter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Presiding Officer appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the r ules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”; ( b) after section 15, the following section shall be inserted, namely:— “15A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the terms and conditions of service of the Chairperson of the Appellate Tribunal appointed after the commencement of P art XIV of Chapter VI of the Finance Act, 2017, shall be governed by t he provisions of section 184 of that Act: Provided that the Chairperson appointed befor e the commencement of P art XIV of Cha pter VI of the Finance Act, 2017, shall continue to be governed by the pr ovisions of this Act, and the rules made thereunder as if t he provisions of section 184 of the Finance Act, 2017 had not come into force.”.-70- Amendment of Act 15 of 1992. Qu alifica- tions, terms and conditions of service of Presiding Officer and Member. Qu alifica- tions, terms and conditions of service of Chairperson . Amendment of Act 51 of 1993. Qu alifica- tions, terms and conditions of service of Presiding Officer. Ex-576/2017 P.—AMENDMENT TO THE ELECTRICITY ACT, 2003 180.In the Electricity Act, 2003, after section 47, the following section s hall be inserted, namely:— “117A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and the other terms and conditions of service of the Chairperson and other Members of the Appellate Tribunal a ppointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson a nd Member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. Q.—AMENDMENT TO THE ARMED FORCES TRIBUNAL ACT, 2007 181.In the Armed Force Tribunal Act, 2007, aft er section 9, the following section sha ll be inserted, namely: — “9A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and terms and conditions of service of the Chairperson a nd other Members of the Appellate Tribuna l appointed after the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided tha t the Cha irperson a nd Member appointed before the commencement of Pa rt XIV of Chapter VI of the Finance Act, 2017, shall cont inue to be governed by the pr ovisions of this Act, and the rules made thereunder a s if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. R.—AMENDMENT TO THE NATIONAL GREEN TRIBUNAL ACT, 2010 182.In the Nationa l Green Tribunal Act, 2010, after section 10, the following section sha ll be inserted, namely:— “10A. Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, sala ries and allowa nces, r esignation, removal and other terms and conditions of service of the Chairperson, Judicial Member and Expert Member of the Tr ibunal a ppointed after the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall be governed by the provisions of section 184 of that Act: Provided that the Chairperson, J udicial Member and Expert Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of section 184 of the Finance Act, 2017 had not come into force.”. S.—CONDITIONS OF SERVICE OF CHAIRPERSON AND MEMBERS OF TRIBUNALS, APPELLATE TRIBUNALS AND OTHER AUTHORITIES 183.Notwithstanding anything to the contrar y conta ined in the pr ovisions of the Acts specified in column (3) of the Eighth Schedule, on and from the appointed-71- Amendment of Act 36 of 2003. Qu alifica- tions, terms and condi- tions of service of Chairperson and Member. Amendment of Act 55 of 2007. Qu alifica- tions, terms and conditions of service of Chairperson and Member. Amendment of Act 19 of 2010. Qu alifica- tions, terms and conditions of service of Chairper- son, Judicial Member and Expert Member. Application of section 184Ex-576/2017 da y, provisions of section 184 sha ll apply to the Cha irperson, Vice-Chairperson, Chairman, Vice- Chairman, President, Vice-President, P residing Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authorities as specified in column (2) of the said Schedule: Provided that the provisions of section 184 shall not apply to the Chairperson, Vice- Chair person, Chairma n, Vice-Chairman, President, Vice-Pr esident, Presiding Officer or, as the case may be, Member holding such office as such immediately befor e the appointed day. 184.(1) The Centra l Government ma y, by notifica tion, ma ke rules to provide for qualifications, appointment, term of office, salar ies and allowa nces, r esignation, removal and the other terms and condit ions of service of the Cha irperson, Vice- Chairperson, Chairman, Vice-Chairman, President, Vice-Pr esident, Presiding Officer or Member of the Tribunal, Appellate Tribunal or, as the case may be, other Authorities as specified in column (2) of the Eighth Schedule: Provided that the Cha irperson, Vice-C hairperson, Chairman, Vice-Chair man, Pres ident, Vice-President, Presiding Officer or Member of the Tr ibuna l, Appella te Tribunal or other Authority shall hold office for such term as specified in the r ules ma de by the C entra l Government but not exceeding five year s from the date on which he enters upon his office and shall be eligible for reappointment: Provided further that no Cha irperson, Vice-Chair person, Chairma n, Vice- Chairman, Pr esident, Vice-President, Presiding Officer or Member shall hold office as such after he has attained such age as specified in the rules made by the Central Government which shall not exceed,— ( a) in the ca se of Chairperson, Chairman or President, the age of seventy years; ( b) in the ca se of Vice-Cha irperson, Vice-Chairma n, Vice-President, Presiding Officer or any ot her Member, the age of sixty-seven years: ( 2) Neither the salar y and a llowances nor the other terms and conditions of service of Chairperson, Vice-Chairperson, Chairman, Vice-Chairman, President, Vice- President, Presiding Officer or Member of the Tribuna l, Appellate Tribunal or, as the case may be, other Author ity may be var ied to his disadvanta ge after his a ppointment. T.—MISCELLANEOUS 185.( 1) Any person appointed as the Chairperson or Cha irman, P resident or Vice- Chair person or Vice-Chairma n, Vice-President or P residing Officer or Member of the Tribunals, Appellate Tribunals, or as the case may be, other Authorities specified in column (2) of the Ninth Schedule and holding office as such immediately before the appoint ed day, shall on and from the appointed da y, cease to hold such office and such Chairperson or Chairman, President, Vice-Chairperson or Vice-Chairman, Vice- President or Presiding officer or Member shall be entitled to cla im compensation not exceeding t hree months’ pa y and a llowances for the premature termination of term of t heir office or of any contract of service. ( 2) The officers and other employees of the Tribunals, Appellate Tribunals and other Authorities specified in column (2) of the Ninth Schedule appointed on depu tation, before the appointed day, sha ll, on and from the a ppointed day, stand reverted to their pa rent cadre, Ministry or Department. ( 3) Every officer or other employee of the Tribunal, Appellate Tribunal and other Author ities specified in column (2) of the Ninth Schedule employed on regular basis, by such Tribunal, Appella te Tribunal or other Authorities shall become, on and-72- Qu alifica- tions, appoint- ment, term and conditions of service, salary and allowances, etc. of Chairper- son, Vice- Chairper- son and Members, etc. of the Tribunal, Appellate Tribunal and other Auth ori- ties. Transi- tional provisions. Ex-576/2017 from the appointed day, the officer and other employee, of the corresponding Tribunal, Appellate Tr ibunal or other Author ities specified in colu mn (3) of the said Schedule with same r ights and privileges a s to pension, gratuity and other like benefits as would have been a dmissible to him if he had continued to serve the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the said Schedule until his employment is duly termina ted or until his remuneration, terms and conditions of employment are duly altered by such corresponding Tribunal, Appellate Tribuna l or other Author ities, as the case may be, specified in column (3) of the Ninth Schedule or until the expir y of a period of one year fr om the appoint ed day if such officer or other employee opts not to continue to be the officer or other employee of such Tribunal, Appellate Tribuna l or other Aut horitieswithin such period. (4) Any appeal, application or proceeding pending before the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule, before the appointed day, shall stand transferred to the corresponding Tribunal, Appellate Tribunal or other Authorities specified in column (3) of the said Schedule and the said Tribunal, Appellate Tribunal or other Authority s hall, on and from the appointed day, deal with de novo or from the stage at which such appeal, application or proceeding stood before the date of their transfer and shall dispose them in accordance with the provisions of t he Act specified in column (2) of the said Schedule. ( 5) The balance of all monies received by, or advanced to the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule and not spent by it before the appointed day, sha ll, on and from the appointed day, stand transferred to an vest in the Central Government which shall b e utilised for the purposes stated in sub-section ( 7). ( 6) All property of whatever kind owned by, or vested in, the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule before the appointed day, shall stand transferred to, on and from the appointed day, and shall vest in the Central Government. ( 7) All liabilities a nd obligations of whatever kind incurr ed by t he Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule and subsisting immediately befor e the a ppointed day, shall, on and from the appointed day, be deemed to be the liabilities or obligations, as the case may be, of the corresponding Tribunal, Appellate Tribunal or other Authorities specified in column (3) of the Ninth Schedule; and any proceeding or cause of action, pending or existing immediately before the appointed day by or against the Tribunal, Appellate Tribunal or other Authorities specified in column (2) of the Ninth Schedule in relation to such liability or obligation may, on and from the appointed day, be continued or enforced by or a gainst the cor responding Tribunal, Appellate Tribunal or other Authority specified in column (3) of the Ninth Schedule. 186.Without prejudice to any other p ower t o make rules contained elsewhere in this Part, the C entral Government may, by notification, make rules generally to carr y out the provisions of this P art. 187.( 1) If the Central Government is satisfied that it is necessary or expedient so to do, it may by notification published in the Officia l Gazette, amend the Eighth Schedule and thereup on the said Schedule shall be deemed to have been amended accordingly. ( 2) A copy of every notification issued under sub-section ( 1) shall be laid before each House of Parliament as soon as may be after it is issued.-73- General Power to make rules. Power to amend Eighth Schedule.Ex-576/2017 188.Every rule made under this Part shall be laid, as soon as may be after it is made, before ea ch House of Par liament, while it is in sess ion, for a tota l period of thir ty days which may be comprised in one sess ion or in two or more successive sess ions, a nd if, before t he expiry of t he session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, tha t any such modification or annulment shall be without prejudice to the validity of anything previously done under that r ule. 189.(1) If any difficulty arises in giving effect to the provisions of this P art, the Central Government, ma y by general or specia l order publis hed in t he Official Gazette, make such provisions not inconsistent with the provisions of this Par t as appear to it to be necessary or expedient for removing the difficulty. ( 2) No order under sub-section ( 1) shall be made a fter the expir y of t hr ee year s from the appointed day. ( 3) Every order made under this section sha ll, as soon as may be after it is made, be laid before each Houses of Parliament.’.-74- Rules to be laid before Parliament. Removal of difficulties.Ex-576/2017 THE FIRST SCHEDULE (See section 2) PART I INCOME-TAX Paragraph A (I) In the ca se of every individual other than the individual referred to in items (II) and (III) of this Para graph or Hindu undivided family or association of persons or body of individuals, whether incorpor ated or not, or every ar tificia l juridical person referred to in sub-clause ( vii ) of clause ( 31 ) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Pa rt applies,— Rates of income-tax (1) where the total income does not exceed Rs. 2,50,000 Nil; (2) where the total income exceeds Rs. 2,50,000 but does 10 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs. 2,50,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 25,000 plus 20 per cent. of the a mount not exceed Rs. 10,00,000by which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,25,000 plus 30 per cent. of the a mount by which the total income exceeds Rs. 10,00,000. ( II) In the ca se of every individual, being a resident in India, who is of the age of sixty years or more but less than eighty year s at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 3,00,000 Nil; (2) where the total income exceeds Rs. 3,00,000 but does10 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs. 3,00,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 20,000 plus 20 per cent. of the a mount not exceed Rs. 10,00,000by which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,20,000 plus 30 per cent. of the a mount by which the total income exceeds Rs.10,00,000. ( III ) In the case of every individual, being a resident in India, who is of the age of eighty year s or more at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 5,00,000 Nil; (2) where the total income exceeds Rs. 5,00, 000 but does 20 per cent. of the amount by which the total not exceed Rs. 10,00,000 income exceeds Rs. 5,00,000; ( 3) where the total income ex ceeds R s. 10,00 ,000Rs. 1,00,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. -75-Ex-576/2017 Surcharge on income-tax The amount of income-tax computed in accor dance with the preceding provisions of this P ara- graph, or the provisions of section 111A or section 112 of the Income-ta x Act, shall, in the case of every individual or Hindu undivided fa mily or association of persons or body of individu als, whether incorpor ated or not, or every ar tificia l juridical person referred to in sub-clause ( vii ) of clause ( 31 ) of section 2 of the Income-tax Act, ha ving a total income exceeding one cr ore rupees, be increased by a surcha rge for the purpose of the Union calculated at the rate of fifteen per cent. of such income-tax: Provided that in t he case of persons mentioned above having total income exceeding one crore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount paya ble as income-tax on a total income of one crore rupees by more than the amount of income tha t exceeds one cr or e r up ees. Paragraph B In the case of every co-operative society,— Rates of income-tax (1) where the total income does not exceed Rs.10,00010 per cent. of the total income; ( 2) where the total income exceeds Rs.10,000 but doesRs.1,000 plus 20 per cent. of the amount by not exceed Rs. 20,000which the total income exceeds Rs.10, 000; ( 3) where the total income exceeds Rs. 20 ,000Rs. 3,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 20,000. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act , shall, in the case of every co- operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated a t the ra te of twelve per cent. of such income-tax: Provided that in the case of every co-operative society mentioned above having total income exceeding one crore rupees, the tota l amount payable as income-ta x and surcharge on su ch income shall not exceed the total a mount pa yable as income-tax on a tota l income of one crore rupees by more than the amount of income tha t exceeds one cr or e rup ees. Paragraph C In the case of every firm,— Rate of income-tax On t he whole of the total income 30 per cent. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every firm, having a total income exceeding one cror e rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y firm mentioned above having total income exceeding one crore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount paya ble as income-tax on a total income of one crore rupees by more than the amount of income tha t exceeds one cr or e r up ees.-76- Ex-576/2017 Paragraph D In the case of ever y local authority,— Rate of income-tax On t he whole of the total income30 per cent. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every local authority, having a total income exceeding one cr ore rupees, be increased by a surcharge for the purposes of t he Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y local authority mentioned above having total income exceeding one crore rupees, the tota l amount payable as income-ta x and surcharge on su ch income shall not exceed the total a mount pa yable as income-tax on a tota l income of one crore rupees by more than the amount of income tha t exceeds one cr or e rup ees. Paragraph E In the case of a company,— Rates of income-tax I. In the ca se of a domest ic compa ny,— (i) where its tota l turnover or t he gross receipt in the previous 29 per cent. of the total Income yea r 2014-15 does not exceed five cror e rup ees; (ii) other than that referred to in item (i)30 per cent. of the total Income II. In the case of a compa ny other than a domest ic compa ny,— ( i) on so much of the total income as consists of,— ( a) royalties received from Government or an Indian concern in pursuance of an agreement made by it with the Government or the Indian concern a fter the 31st day of Ma rch, 1961 but before the 1st day of April, 1976; or ( b) fees for r endering technical services r eceived from Government or an Indian concern in pursua nce of an agreement made by it with the Government or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agr eement has, in either case, been approved by the Cent-50 per cent.; ral Government ( ii) on the balance, if any, of the total income40 per cent.; Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, be increased by a surcharge for the pur poses of the Union calculated,— ( i) in the ca se of every domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten cr ore rupees, at the rate of seven per cent. of such income-tax; and-77-Ex-576/2017 (b) having a total income exceeding ten crore rupees, at the rate of twelve per cent. of such income-tax; ( ii) in the ca se of every company other than a domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten cr ore rupees, at the rate of two per cent. of such income-tax; and ( b) ha ving a total income exceeding ten crore rupees, at the rate of five per cent. of such income- tax: Provided that in the case of ever y compa ny having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the tota l amount payable as income-ta x on a total income of one crore rupees by more than the amount of income tha t exceeds one crore rupees: Provided fu rther tha t in the case of every company having a total income exceeding ten cr ore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount pa yable a s income-t ax a nd surchar ge on a total income of ten crore rupees by more than the amount of income tha t exceeds ten crore rupees. PART II RATES FOR DEDUCTION OF TAX AT SOURCE IN CERTAIN CASES In every case in which under the provisions of sections 193, 194, 194A, 194B, 194BB, 194D , 194LBA, 194LBB, 194LBC and 195 of the Income-tax Act, tax is to be deducted at the rates in force, deduction shall be made fr om the income subject to the deduction at the following rates:–– Rate of income-tax 1.In t he case of a person other than a company— ( a) where the person is resident in India— ( i)on income by way of interest other than “Interest on securit ies” ( ii) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( iii) on income by way of winnings from horse races ( iv) on income by way of insurance commission ( v) on income by way of interest payable on— ( A) any debentures or securities for money issued by or on beha lf of any local a uthority or a cor pora tion esta blished by a Cent ra l, State or Provincial Act; ( B) any debentures issued by a company where such debentures are lis ted on a recognised stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 (42 of 1956) and any rules made thereunder; ( C) any secur ity of the Central or State Government; ( vi) on any other income ( b) where the person is not resident in India— ( i) in the case of a non-resident Indian— ( A) on any investment income ( B) on income by way of long-term capital gains referred to in section 115E or sub-clause ( iii) of clause ( c) of sub-section ( 1) of section 112 ( C) on income by way of short-term ca pital ga ins referred-78- 10 per cent.; 30 per cent.; 30 per cent.; 5 per cent.; 10 per cent.; 10 per cent.; 20 per cent.; 10 per cent.; 15 per cent.; Ex-576/2017 to in section 111A (D) on other income by way of long-term capital gains [not being long-t erm capital gains refer red to in clauses ( 33 ), ( 36 ) a nd ( 38 ) of section 10] ( E) on income by way of interest paya ble by Government or an Indian concern on moneys borr owed or debt incurred b y Government or the Indian concern in foreign currency (not b eing income by way of interest referred to in section 194LB or section 194LC) ( F) on income by way of royalty payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the India n concern where such royalty is in consideration for the transfer of all or any rights (including the gr anting of a licence) in resp ect of cop yright in any book on a subject referred to in the first proviso to sub-section ( 1A ) of section 115A of the Income-tax Act , to the Indian concern, or in respect of any computer software referred to in t he second proviso to sub- section ( 1A ) of section 115A of the Income-tax Act, to a person resident in India ( G) on income by way of royalt y [not being royalty of the nature referred to in sub-item ( b)(i)(F)] payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the India n concern and where such agreement is with an Indian concern, the agr eement is appr oved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of t he Government of India, the agreement is in accordance with that policy ( H) on income by way of fees for technical services payable by Government or a n India n concern in pursuance of a n agreement made by it with the Government or the Indian concern and where such agreement is with a n Indian concer n, the a gr eement is appr oved by the Central Gover nment or where it rela tes to a ma tter included in the industria l policy, for the time being in force, of the Government of India, the agreement is in accor da nce with that policy ( I) on income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort ( J) on income by way of winnings from horse races ( K) on the whole of the other income ( ii) in the case of any other person— ( A) on income by way of interest paya ble by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not b eing income by way of interest referred to in section 194LB or section 194LC) ( B) on income by way of roya lty payable by Government or a n India n concern in pursuance of an agreement made by it with the Government or the India n concern where such royalty is in consideration for the transfer of all or any rights (including the-79- 20 per cent.; 20 per cent.; 10 per cent.; 10 per cent.; 10 per cent.; 30 per cent.; 30 per cent.; 30 per cent.; 20 per cent.; 10 per cent.;Ex-576/2017 gr anting of a licence) in resp ect of cop yright in any book on a subject referred to in the first proviso to sub-section (1A ) of section 115A of the Income-tax Act , to the Indian concern, or in respect of any computer software referred to in t he second proviso to sub- section ( 1A ) of section 115A of the Income-tax Act, to a person resident in India ( C) on income by way of royalt y [not being royalty of the nature referred to in sub-item ( b)(ii)(B)] payable by Government or a n India n concern in pursuance of an agreement made by it with the Government or the India n concern and where such agreement is with an Indian concern, the agr eement is appr oved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of t he Government of India, the agreement is in accordance with that policy ( D) on income by way of fees for technical services payable by Government or a n India n concern in pursuance of a n agreement made by it with the Government or the Indian concern and where such agreement is with a n Indian concer n, the a gr eement is appr oved by the Central Gover nment or where it rela tes to a ma tter included in the industria l policy, for the time being in force, of the Government of India, the agreement is in accor da nce with that policy ( E) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( F) on income by way of winnings from horse r aces ( G) on income by way of short-term ca pital ga ins referred to in section 111A ( H) on income by way of long-term capital gains referred to in sub-clause ( iii) of clause ( c) of sub-section ( 1) of section 112 ( I) on income by way of other long-term capital gains [not being long-t erm capital gains refer red to in clauses ( 33 ), ( 36 ) a nd ( 38 ) of section 10] ( J) on the whole of the other income 2. In the case of a company— ( a) where the company is a domest ic company— ( i) on income by way of interest other than “Interest on securities” ( ii) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( iii) on income by way of winnings from horse races ( iv) on any other income ( b) where the company is not a domestic company— ( i) on income by way of winnings from lotteries, crossword puzzles, car d games and other games of any sort ( ii) on income by way of winnings from horse r aces ( iii) on income by way of interest paya ble by Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency (not b eing income by way of interest referred to in section 194LB or section10 per cent.; 10 per cent.; -80- 30 per cent.; 30 per cent.; 15 per cent.; 10 per cent.; 20 per cent.; 30 per cent.; 10 per cent.; 30 per cent.; 30 per cent.; 10 per cent.; 30 per cent.; 30 per cent.; 20 per cent.; Ex-576/2017 194LC) (iv) on income by way of royalty payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the Indian concern aft er the 31st da y of Ma rch, 1976 where such royalty is in consider ation for the transfer of all or any rights (including the granting of a licence) in respect of copyright in any book on a subject referred to in the fir st proviso to sub- section ( 1A ) of section 115A of the Income-tax Act, to the Indian concern, or in resp ect of any computer s oftware referred to in the second proviso to sub-section ( 1A ) of section 115A of the Income- tax Act, to a person resident in India ( v) on income by way of royalt y [not being royalty of the nature referred to in sub-item ( b)(iv)] payable by Government or an Indian concern in pursua nce of a n agreement made by it with the Government or the India n concern and where such agreement is with an Indian concern, the agr eement is appr oved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of t he Government of India, the agreement is in accordance with that policy— ( A) where the agr eement is made a fter the 31st day of March, 1961 but before the 1st day of April, 1976 ( B) where the agr eement is made after the 31st da y of March, 1976 ( vi) on income by way of fees for t echnical services payable by Government or a n India n concern in pursuance of a n agreement made by it with the Government or the Indian concern and where such agreement is with a n Indian concer n, the a gr eement is appr oved by the Central Gover nment or where it rela tes to a ma tter included in the industria l policy, for the time being in force, of the Government of India, the agreement is in accor da nce with that policy— ( A) where the agreement is made after the 29th day of February, 1964 but before the 1st day of April, 1976 ( B) where the agr eement is made after the 31st da y of March, 1976 ( vii ) on income by way of short-term ca pital gains referred to in section 111A ( viii ) on income by way of long-term capital gains referred to in sub-clause ( iii) of clause ( c) of sub-section ( 1) of section 112 ( ix) on income by way of other long-term capital gains [not being long-t erm capital gains refer red to in clauses ( 33 ), ( 36 ) a nd ( 38 ) of section 10] ( x) on any ot her income Explanation .— For the purposes of item 1( b)(i) of this Pa rt, “investment income” and “non-resident Indian” sha ll have the mea nings a ssigned to them in Cha pter XII-A of the Income-tax Act. Surcharge on income-tax The amount of income-tax deducted in accordance with the provisions of–– ( i) item 1 of this Part, shall be increased by a surcharge, for the purposes of the Union,––-81- 10 per cent.; 50 per cent.; 10 per cent.; 50 per cent.; 10 per cent.; 15 per cent.; 10 per cent.; 20 per cent.; 40 per cent.;Ex-576/2017 (a) in the case of every individual or Hindu undivided family or association of persons or b ody of individuals, whether incorpora ted or not, or every a rtificial juridical pers on referred to in su b-cla us e ( vii ) of clause ( 31 ) of section 2 of the Income-tax Act, being a non-resident, ca lculated,–– I. at the rate of ten per cent. of such tax, where the income or the aggregate of s uch incomes paid or likely to be paid and subject to the deduction exceeds fifty la kh rupees but does not exceed one cr ore rupees; II. at the rate of fifteen per cent. of such ta x, where the income or the aggregate of s uch incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees; and ( b) in the case of every co-operative society or firm, being a non-resident, calculated at the rate of twelve per cent., where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one cr ore rupees; ( ii) Item 2 of this Pa rt shall be increased by a sur charge, for the purposes of t he Union, in the case of every company other than a domest ic company, ca lculated,–– ( a) at the rate of two per cent. of such income-tax where the income or the aggregate of s uch incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees but does not exceed t en cror e rupees; and ( b) at the rate of five per cent. of such income-tax where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds ten crore rupees. PART III RATES FOR CHARGING INCOME-TAX IN CERTAIN CASES, DEDUCTING INCOME-TAX FROM INCOME CHARGEABLE UNDER THE HEAD “SALARIES” AND COMPUTING “ADVANCE TAX” In cases in which income-tax has to be charged under sub-section ( 4) of section 172 of the Income- tax Act or sub-section ( 2) of section 174 or section 174A or section 175 or sub-section ( 2) of section 176 of the said Act or deducted fr om, or paid on, from income chargeable under the head “Sala ries” under section 192 of the s aid Act or in which the “adva nce tax” payable under Chapter XVII-C of the said Act has to be computed at the rate or ra tes in force, such income-tax or, as the case may be, “adva nce tax” [not being “advance ta x” in r espect of any income chargeable to tax under Chapter XII or Chapter XII-A or income chargeable to tax under section 115JB or section 115JC or Chapter XII-FA or Cha pter XII-FB or sub- section ( 1A ) of section 161 or section 164 or section 164A or section 167B of the Income-tax Act at the rates as specified in that Chapter or section or surchar ge, wher ever applicable, on su ch “advance tax” in resp ect of any income chargeable to tax under section 115A or section 115AB or section 115AC or section 115ACA or section 115AD or section 115B or section 115BA or section 115BB or section 115BBA or section 115BBC or section 115BBD or section 115BBDA or section 115BBE or section 115BBF or section 115BBG or section 115E or section 115JB or section 115JC] shall be cha rged, deducted or computed at the following rate or rates:— Paragraph A (I) In the ca se of every individual other than the individual referred to in items (II) and (III) of this Para graph or Hindu undivided family or association of persons or body of individuals, whether incorpor ated or not, or every ar tificia l juridical person referred to in sub-clause ( vii ) of clause ( 31 ) of section 2 of the Income-tax Act, not being a case to which any other Paragraph of this Pa rt applies,—-82- Ex-576/2017 Rates of income-tax (1) where the total income does not exceed Rs. 2,50,000 Nil ; ( 2) where the total income exceeds Rs. 2,50,000 but does5 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs 2,50,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 12,500 plus 20 per cent. of the a mount not exceed Rs. 10,00,000which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,12,500 plus 30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. ( II) In the case of every individual, being a resident in India, who is of the age of sixty year s or more but less than eighty years at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 3,00,000 Nil ; ( 2) where the total income exceeds Rs. 3,00,000 but does5 per cent. of the amount by which the not exceed Rs. 5,00,000total income exceeds Rs. 3,00,000; ( 3) where the total income exceeds Rs. 5,00,000 but doesRs. 10,000 plus 20 per cent. of the not exceed Rs. 10,00,000amount by which the total income exceeds Rs. 5,00,000; ( 4) where the total income ex ceeds R s. 10,00 ,000Rs. 1,10,000 plus 30 per cent. of the amount by which the total income exceeds Rs. 10,00,000. ( III ) In the case of every individual, being a resident in India, who is of the age of eighty year s or more at any time during t he previous year,— Rates of income-tax (1) where the total income does not exceed Rs. 5,00,000 Nil; (2) where the total income exceeds Rs. 5,00,000 but does20 per cent. of the amount by which the not exceed Rs. 10,00,000the total income exceeds Rs. 5,00,000; ( 3) where the total income ex ceeds R s. 10,00 ,000Rs. 1,00,000 plus 30 per cent. of the the amount by which the t otal income exceeds Rs. 10,00,000. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall be increased by a surcharge for the purposes of the Union, calculated, in the case of every individual or Hindu undivided family or association of p ersons or body of individuals, whether incorporated or not, or ever y artificial ju ridical person referred to in sub-clause ( vii ) of clause ( 31 ) of section 2 of the Income-tax Act,— ( a) ha ving a total income exceeding fifty lakh rupees but not exceeding one cror e rupees, at the rate of ten per cent. of such income-tax; and ( b) ha ving a total income exceeding one crore rupees, a t the r ate of fifteen per cent. of such income-tax: Provided tha t in the case of persons mentioned above having total income exceeding,— ( a) fifty lakh rupees but not exceeding one crore r upees, the tota l amount payable as income- tax and sur charge on such income shall not exceed the total amount payable as income-tax on a total income of fifty la kh rupees by more tha n the amount of income that exceeds fifty lakh rupees; ( b) one crore rupees, the total amount payable as income-tax and surcharge on such income-83-Ex-576/2017 shall not exceed the total amount payable as income-ta x and surcharge on a total income of one cror e rupees by more than the amount of income tha t exceeds one crore rupees.Paragraph B In the case of every co-operative society,— Rates of income-tax (1) wher e the t otal income does not exceed Rs. 10 ,00010 per cent. of the total income; ( 2) wher e the t otal income exceeds R s. 10,0 00 but doesRs. 1,000 plus 20 per cent. of the a mount not exceed Rs. 20,000by which the total income exceeds Rs. 10,000; ( 3) where the total income exceeds Rs. 20,000Rs. 3,000 plus 30 per cent. of the a mount by which the total income exceeds Rs. 20,000. Surcharge on income-tax The amount of income-tax computed in accor dance with the preceding provisions of this P ara- graph, or the provisions of section 111A or section 112 of the Income-tax Act , shall, in the case of every co- operative society, having a total income exceeding one crore rupees, be increased by a surcharge for the purposes of the Union calculated a t the ra te of twelve per cent. of such income-tax: Provided that in the case of ever y co-operative society mentioned above having total income ex- ceeding one crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income-tax on a total income of one cror e rupees by more than the amount of income tha t exceeds one crore rupees. Paragraph C In the case of every firm,— Rate of income-tax On t he whole of the total income30 per cent. Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every firm, having a total income exceeding one cror e rupees, be increased by a surcharge for the purposes of the Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y firm mentioned above having total income exceeding one crore rupees, the total amount p ayable as income-tax and surcharge on such income shall not exceed the total amount paya ble as income-tax on a total income of one crore rupees by more than the amount of income tha t exceeds one cr or e r up ees. Paragraph D In the case of ever y local authority,— Rate of income-tax On t he whole of the total income30 per cent.; Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, in the case of every local authority, having a total income exceeding one cr ore rupees, be increased by a surcharge for the purposes-84- Ex-576/2017 of t he Union calculated at the rate of twelve per cent. of such income-tax: Provided that in the case of ever y local authority mentioned above having total income exceeding one crore rupees, the tota l amount payable as income-ta x and surcharge on su ch income shall not exceed the total amount pa yable a s incometax on a tota l income of one crore rupees by more than the amount of income tha t exceeds one cr or e rup ees.Paragraph E In the case of a company,— Rates of income-tax I. In the ca se of a domest ic compa ny,— ( i) where its total turnover or the gross receipt in the 25 per cent. of the total inc ome; previous year 2015-16 does not exceed fifty crore rupees; ( ii) other than that referred to in item ( i) 30 per cent. of the total inc ome; II. In the case of a compa ny other than a domest ic company— ( i) on so much of the total income as consists of,— ( a) royalties received from Gover nment or an Indian concern in pursuance of an agreement made by it with the Government or t he India n concern after the 31st day of March, 1961 but before the 1st da y of April, 1976; or ( b) fees for r endering technical services receiv- ed from Government or an Indian concern in pursuance of a n agreement made by it with the Gover nment or the Indian concern after the 29th day of February, 1964 but before the 1st day of April, 1976, and where such agreement has, in either case, been appr oved by the 50 per cent.; Centr al Government ( ii) on the balance, if any, of the total income 40 per cent.; Surcharge on income-tax The amount of income-tax computed in accordance with the preceding provisions of this Paragr aph, or the provisions of section 111A or section 112 of the Income-tax Act, shall, be increased by a surcharge for the purposes of the Union, calculated,–– ( i) in the ca se of every domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten crore rupees, at the rate of seven per cent. of such income-tax; and ( b) ha ving a total income exceeding ten cr ore rupees, at the rate of twelve per cent. of such income-tax; ( ii) in the ca se of every company other than a domestic company,–– ( a) ha ving a total income exceeding one crore rupees but not exceeding ten crore r upees, at the rate of two per cent. of such income-tax; and ( b) ha ving a total income exceeding ten crore rupees, a t the r ate of five per cent. of such income-tax: Provided that in the case of ever y compa ny having a total income exceeding one crore rupees but not exceeding ten crore rupees, the total amount payable as income-tax and surcharge on such income shall not exceed the tota l amount payable as income-ta x on a total income of one crore rupees by more than the amount of income tha t exceeds one crore rupees:-85-Ex-576/2017 Provided fu rther tha t in the case of every company having a total income exceeding ten cr ore rupees, the totala mount pa yable as income-tax a nd surcharge on such income shall not exceed the total amount pa yable a s income-t ax a nd surchar ge on a total income of ten crore rupees by more than the amount of income tha t exceeds ten crore rupees. PART IV[See section 2 ( 13 )(c)] RULES FOR COMPUTATION OF NET AGRICULTURAL INCOME Rule 1.—Agricultural income of the nature referred to in sub-clause ( a) of clause ( 1A ) of section 2 of the Income-tax Act shall be computed as if it were income chargeable to income-tax under that Act under the head “Income fr om other sources” and the provisions of sections 57 to 59 of that Act shall, so far as may be, apply a ccordingly: Provided that sub-section ( 2) of section 58 sha ll apply subject to the modification that the refer ence to s ection 40A therein sha ll be construed as not including a reference to sub-sections ( 3), ( 3A ) and ( 4) of section 4 0A. Rule 2.—Agricultural income of the nature referred to in sub-clause ( b) or sub-clause ( c) of clause ( 1A ) of section 2 of the Income-tax Act [other than income derived from any building required as a dwelling- house by the receiver of the rent or revenue of the cultivator or the receiver of rent-in-kind referr ed to in the said sub-clause ( c)] shall be computed as if it were income chargeable to income-tax under tha t Act under the head “P rofits a nd gains of business or profession” and the provisions of sections 30, 31, 32, 36, 37, 38, 40, 40A [other than sub-sections ( 3), ( 3A ) and ( 4) thereof], 41, 43, 43A, 43B and 43C of the Income-tax Act shall, so far as may be, apply accordingly. Rule 3.—Agricultural income of the nature referred to in sub-clause ( c) of clause ( 1A ) of section 2 of the Income-tax Act, being income der ived from a ny building required as a dwelling-hou se by the receiver of the rent or revenue or the cultivator or the receiver of r ent-in-kind referred to in the said sub- clause ( c) shall be computed as if it were income chargea ble to income-tax under that Act under the head “Income from house property” and the provisions of sections 23 to 27 of that Act shall, so fa r as may be, apply accordingly. Rule 4.—Notwithstanding anything conta ined in any other provisions of these rules, in a case— ( a) where the assess ee derives income from sale of tea grown a nd manufactured by him in India, such income shall be computed in a ccordance with rule 8 of the Income-ta x Rules, 1962, and sixty per cent. of s uch income sha ll be regarded a s the agricultu ral income of t he asses see; ( b) wher e the a ss es see der ives income f rom sale of cent rifu ged lat ex or cenex or la t ex b as ed crep es (such as pale la tex crepe) or brown crep es (such as est ate brown crep e, re-milled cr epe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed by him from rubber plants grown by him in India, such income shall be computed in accordance with rule 7A of the Income-tax Rules, 1962, a nd sixty-five per cent. of such income shall be regarded as the agricultur al income of the assess ee; ( c) where the assessee derives income from sale of coffee gr own and manufactur ed by him in India, such income shall b e computed in a ccordance with rule 7B of the Income-tax Rules, 1962, and sixty per cent. or seventy-five per cent., as the case may be, of such income shall be regarded as the agricultural income of the as sess ee. Rule 5.—Where the assessee is a member of an associa tion of persons or a body of individuals (other than a Hindu undivided family, a company or a firm) which in the previous year has either no income chargeable to tax under the Income-tax Act or has total income not exceeding the maximum amount not char geable to tax in the case of an association of persons or a body of individuals (other t han a Hindu undivided family, a compa ny or a firm) but has any agr icultur al income then, the agricultural income or loss of t he association or body shall be computed in accordance with these r ules and the share of the assessee-86- Ex-576/2017 in the agricultural income or loss so computed shall be r egarded a s the agr icultural income or loss of the asses s ee.Rule 6.—Where the result of the computation for the p revious year in respect of any source of agricultura l income is a loss, such loss shall be set off against the income of the assessee, if any, for that previous year from any other sour ce of a gricultural income: Provided tha t where the assessee is a member of a n association of persons or a body of individuals and the sha re of the assessee in the agr icultur al income of the association or body, as the case may be, is a loss, such loss sha ll not be set off aga inst any income of the assess ee from any other sour ce of a gricult ural income. Rule 7.—Any sum payable by the assessee on account of any tax levied by the State Government on the agricultural income shall be deducted in computing the agricultural income. Rule 8.—( 1) Wher e the a ssessee ha s, in the previous yea r relevant to the a ssessment yea r commencing on the 1 st day of April, 2017, any agr icultura l income and the net r esult of the computation of the agricultural income of the assessee for any one or more of the previous years r elevant to the assess ment year s commencing on the 1st day of April, 2009 or the 1st day of April, 2010 or the 1st day of Apr il, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2 0 1 5 or t he 1 s t da y of Ap r il, 2 0 1 6 , is a los s , t hen, for t he p u r p os es of s u b -s ect i on ( 2) of section 2 of this Act,– ( i) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2009, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( ii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2010, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( iii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st da y of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( iv) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( v) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2013, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016, ( vi) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016, ( vii ) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2016,-87-Ex-576/2017 (viii ) the loss so computed for the pr evious year relevant to the assessment year commencing on t he 1st day of April, 2016, shall be set off against the agricultur al income of t he assessee for the previous year relevant to the assessment year commencing on t he 1st day of April, 2017. ( 2) Where the assess ee has, in the previous year relevant to the assessment year commencing on the 1st day of April, 2018, or, if by vir tue of a ny provision of the Income-ta x Act, income-tax is to be cha rged in r espect of the income of a period other than the previous year, in such other period, any agricult ural income and the net result of the computation of the agricultural income of the assessee for any one or more of t he previous years relevant to the assessment years commencing on the 1st da y of Apr il, 2010 or the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, is a loss, then, for the purposes of sub-section ( 10 ) of section 2 of this Act,–– ( i) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2010, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2011 or the 1st day of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( ii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2011, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st da y of April, 2012 or the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( iii) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2012, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2013 or the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( iv) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2013, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2014 or the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( v) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2014, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2015 or the 1st day of April, 2016 or the 1st day of April, 2017, ( vi) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2015, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2016 or the 1st day of April, 2017, ( vii ) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2016, to the extent, if any, such loss has not been set off against the agricultura l income for the previous year relevant to the assessment year commencing on the 1st day of April, 2017, ( viii ) the loss so computed for the pr evious year relevant to the assessment year commencing on the 1st day of April, 2017, shall b e set off against the agr icultural income of the assessee for the previous year relevant to the assessment year commencing on the 1st day of April, 2018. ( 3) Where any person deriving any agricultural income from any source ha s been succeeded in such capacity by a nother person, otherwise than by inheritance, nothing in sub-rule ( 1) or sub-rule ( 2) shall entitle any person, other than the person incurring the loss, to have it set off under sub-rule ( 1) or, as the case may be, sub-rule ( 2).-88- Ex-576/2017 (4) Notwithstanding a nything contained in this rule, no loss which has not been determined by the Assessing Officer under the provisions of these r ules or the rules contained in the First Schedule to the Finance (No. 2) Act, 2009 (33 of 2009) or the First Schedule to the Finance Act, 2010 (14 of 2010) or the First Schedule to the Finance Act, 2011 (8 of 2011) or the First Schedule to the Finance Act, 2012 (23 of 2012) or the First Schedule to the Finance Act, 2013 (17 of 2013) or the First Schedule to the Finance (No. 2) Act, 2014 (25 of 2014) or the First Schedule to the Finance Act, 2015 (20 of 2015) or the First Schedule to the Finance Act, 2016 (28 of 2016) shall be set off under sub-rule ( 1) or, as the case may be, sub-rule ( 2). Rule 9.—Where the net r esult of the computation made in accordance with these rules is a loss, the loss so computed shall be ignored and the net agricultur al income shall be deemed to be nil. Rule 10.—The provisions of the Income-tax Act relating to pr ocedure for assessment (including the provisions of section 288A r elating to rounding off of income) shall, with the necessary modifications, apply in relation to the computation of the net agricultural income of the a ssessee as they apply in relation to the assessment of the total income. Rule 11.—For the purposes of computing the net agricultura l income of the assessee, the Assessing Officer sha ll have the same powers as he has under the Income-tax Act for the purposes of assessment of the total income. THE SECOND SCHEDULE [ See section 110 ( a)] In t he First Schedule to the Customs Ta riff Act,–– ( a) in Chapter 20, for the entry in column (4) occurring against tariff item 2008 19 10, the entry “45%” shall be substituted; ( b) in Chapter 84, for the entry in column (4) occurring against tariff item 8421 99 00, the entry “10%” shall be substituted. THE THIRD SCHEDULE [ See section 110( b)] In t he First Schedule to the Customs Ta riff Act,–– Tariff ItemDescription of goodsUnit Rate of Duty PreferentialStandard (1)(2)(3)(4)(5) (1) in Chapter 11, for tar iff item 1106 10 00 a nd the entries relating thereto, the following shall be substituted, namely:— “1106 10- Of the dried leguminous vegetables of heading 0713 1106 10 10— Guar Mealkg.30% - - 1106 10 90— Otherskg.30% - -”; (2) in Chapter 13, tariff items 1302 32 10 and 1302 32 20 and the entries relating thereto shall be omitted; (3) in Chapter 15, after tariff item 1511 90 20 and the entries relating thereto, the following tariff item and entries shall be inserted, namely:–– “1511 90 30— Refined bleached deodorised palm stearinkg.100%90%”; (4) in Chapter 38,–– ( a) in heading 3823, for sub-heading 3823 11 and tariff items 3823 11 11 to 3823 11 90 and the entries relating thereto, the following shall be substituted, namely:–– “3823 11 00— Stearic acidkg.30%-”; -89-Ex-576/2017 (b) in heading 3824, against tariff item 3824 88 00, in column (2), for the words “hexa- hept a-”, the words “hexa-, hept a-” sha ll be substituted; (5) in Chapter 39, in heading 3904, for sub-heading 3904 00 and tariff items 3904 10 10 and 3904 10 90, sub-heading 3904 21, tariff items 3904 21 10 and 3904 21 90 and sub-heading 3904 22, tariff items 3904 22 1 0 and 3 904 22 90 and the entries relating thereto, the following shall be substituted, namely:- “3904 10 - Poly (vinyl chloride), not mixed with any ot her substa nces: 3904 10 10— Emulsion grade PVC resin / PVC Paste resin/ PVCdispersion resinkg.10%- 3904 10 20 — Suspension grade PVC resinkg.10%- 3904 10 90— Ot herkg.10%- - Other poly (vinyl chloride), mixed with other substances: 3904 21 00— Non-plasticisedkg.10%- 3904 22 00 — Plasticisedkg.10%-”; (6) in Chapter 44, against tariff item 4401 22 00, in column (2), for the words “agglomerated, in logs”, the words “a gglomera ted in logs” shall be substituted; (7) in Chapter 48, in Not e 4, for the word “apply”, the word “applies” sha ll be substituted; (8) in Chapter 54, tariff items 5402 59 10 and 5402 69 30 and the entries relating thereto shall be omitted; (9) in Chapter 63, in sub-heading Note, for the words “ from fa brics”, the words “from warp knit fabrics”shall be substituted; (10) in Chapter 98,–– ( i) in Chapter Note 4, for clauses ( b) and ( c), the following clauses shall be substituted, namely:–– “( b) alcoholic beverages; and ( c) tobacco and manufactured products thereof.”; ( ii) for the entry in column (2) occurring against heading 9804, the entry “All dutiable goods im- ported for personal use” shall be substituted. THE FOURTH SCHEDULE ( See section 111) In the Second Schedule to the C ustoms Tar iff Act , a ft er Sl. No. 23B and the entr ies r elating thereto, the following Sl. No. a nd ent ries shall be inserted, namely:— (1)(2)(3)(4) “23C 2606 00 90Other aluminium ores and concentr ates30%”. THE FIFTH SCHEDULE ( See section 119) In the First Schedule to the Central Excise Tariff Act, in Chapter 24,–– ( a) for the entry in column (4) occurring against tariff items 2402 10 10 and 2402 10 20, the entry “12.5% or Rs.4006 per thousand, whichever is higher” shall be substituted; ( b) for the entry in column (4) occurring a gainst tariff item 2402 90 10, the entry “Rs.4006 per thousand” shall be substituted; ( c) for the entry in column (4) occurring against tariff items 2402 90 20 and 2402 90 90, the entry “12.5% or Rs.4006 per thousand, whichever is higher” shall be substituted.-90-Ex-576/2017 THE SIXTH SCHEDULE (See section 129)Sl. NoProvisions of the Service Tax(Determination of Value) Rules, 2006 to be amendedAmendment Period of effect of amend- ment(1)(2)(3)(4) 1.Rule 2A as inserted by no- tification number G.S.R. 375 (E) , dated the 22nd May, 2007 [29/2007– Ser- vice Tax, dated the 22nd May, 2007].In the Service Tax (Determina tion of Value)Rules, 2006, in rule 2A,–– (I) in sub-rule ( 1), in clause ( i), aft er the words “value of transfer of property in goods”, the words “ or in goods and land or undivided sha re of land, as the case may be,” shall be inserted; (II) after sub-rule ( 1), the following subr ule shall be inserted, namely:— “( 2) Where the value has not been determined under sub-rule ( 1) and the gross amount charged includes the value of goods as well as land or undivided sha re of land, the service tax shall be payable on twenty-five per cent. of the gross amount charged for the works contract , subject to the following conditions, namely:–– ( i) the CENVAT Credit of duty paid on inputs or capital goods or the CENVAT C redit of s ervice tax on input services, used for providing such taxable service, has not been taken under the provisions of the CENVAT Credit Rules, 2004; ( ii) t he service provider has not availed the benefit under the notification of the Government of India in the Minis try of Finance (Department of Revenue), No. 12/ 2003-Service Tax, dated the 20th June, 2003 [G.S.R. 503( E), dated the 20th June, 2003]. Explanation.— For the purposes of this sub-rule, the gross amount charged shall1st day of July, 2010 to 30th day of June, 2012 (both days inclusive). 1st day of July, 2010 to 30th day of June, 2012 (both days inclusive). -91-Ex-576/2017 include the value of goods and materials supplied or provided or used for providing the taxa ble ser vice by the ser vice provider.”. 2.Rule 2A as substituted by notification number G.S.R. 431(E) , da ted the 6th June, 2012. [24/2012– Service Tax, dated the 6th June, 2012].In the Service Tax (Determination of Value) Rules, 2006, in rule 2A,–– (I) in clause ( i), after the words “ va lue of pr operty in goods”, the words “or in goods and land or undivided share of land, as the case may be,” shall be inserted; (II) in clause ( ii), in sub-clause ( A),–– ( a) the following proviso shall be inserted, namely:— “Provided that where the amount charged for works contr act includes the value of goods as well as land or undivided share of land, the ser vice tax shall be payable on twenty-five per cent. of the total amount cha rged for the works contract.”; ( b) for the proviso, the following provisos shall be substituted, namely:–– “P rovided t ha t where t he amount charged for works contr act includes the value of goods as well as land or undivided share of land, the ser vice tax shall be pa yable on thirty per cent. of the total amount cha rged for the works contr act: Provided fu rther that in case of works contract for construction of residential units having carpet area up to 2000 square feet or where the amount char ged per residential unit from service recipient is less tha n rupees one cror e and the amount charged for the works contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on twenty-five per cent. of the total1st day of July, 2012 onwar ds. 1st day of July, 2012 to 28th day of February, 2013 (both days inclusive). 1st day of March, 2013 to 7th day of May, 2013 (both days inclusive). 8th day of May, 2013 to -92- Ex-576/2017 amount char ged for the works contract.”; (c) for the provisos, the following provisos shall be substituted, namely:–– “Provided that where the amount charged for works contract includes the value of goods as well as land or undivided shar e of la nd, the service tax shall be pa yable on thirty per cent. of the total amount cha rged for the works contr act: Provided further that in case of works contract for construction of residential units having carpet area up to 2000 squa re feet and where the amount charged per r esidential unit from service recipient is less than rupees one crore and the amount charged for the works contract includes the value of goods as well as land or undivided share of land, the service tax shall be payable on twenty-five per cent. of the tota l amount cha rged for the works contract. ”; ( d) for the provisos, the following proviso shall be substituted, namely:–– “Provided that where the amount charged for works contract includes the value of goods as well as land or undivided shar e of la nd, the service tax shall be pa yable on thirty per cent. of the total amount cha rged for the works contract.”.31st day of March, 2016 (both days inclusive). 1st day of April, 2016 onwar ds. -93-Ex-576/2017 THE SEVENTH SCHEDULE (See section 150) In the Seventh Schedule to the Finance Act, 2005,–– ( a) for the entry in column (4) occurring against tariff item 2402 20 10, the entry “Rs. 311 per thousand” shall be substituted; ( b) for the entry in column (4) occurring against tariff item 2402 20 20, the entry “Rs. 541 per thousand” shall be substituted; ( c) for the entry in column (4) occurring against tariff item 2402 20 30, the entry “Rs. 311 per thousand” shall be substituted; ( d) for the entry in column (4) occurring against tariff item 2402 20 40, the entry “Rs. 386 per thousand” shall be substituted; ( e) for the entry in column (4) occurring against tariff item 2402 20 50, the entry “Rs. 541 per thousand” shall be substituted; ( f) for the entry in column (4) occurring against tariff item 2402 20 90, the entry “Rs. 811 per thousand” shall be substituted; ( g) for the entry in column (4) occurring against tariff items 2403 99 10, 2403 99 30 and 2403 99 90, the entry “12%” shall be substituted. THE EIGHTH SCHEDULE [ See sections 183 and 184] S.No.Tribunal/Appellate Tribunal/Board/AuthorityActs (1)(2)(3) 1. Indu strial Tribuna l constituted by the C entral Government.The Industrial Disputes Act, 1947 (14 of 1947) 2. Income-Tax Appellate TribunalThe Income -Tax Act, 1961 (43 of 1961) 3. Customs, Excise and Service Tax Appellate TribunalThe Customs Act, 1962 ( 52 of 1962) 4. Appellate Tribunal.The S mugglers and For eign Exchange Ma nipula tors (Forfeiture of Property) Act, 1976 (13 of 1976) 5. Central Administrative TribunalThe Administr ative Tr ibunals Act, 1985 (13 of 1985) 6. Railway Claims TribunalThe Railway Claims Tribunal Act, 1987 (54 of 1987) 7. Securities Appellate TribunalThe Securities and Exchange Board of India Act, 1992 ( 15 of 1992) 8. Debt s Recovery TribunalThe Recover y of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993) 9. Debts Recover y Appellate TribunalThe Recover y of Debts due to Banks and Financial Institutions Act, 1993 (51 of 1993) -94- Ex-576/2017 10. Airport Appellate TribunalThe Airport Authority of India Act, 1994 (55 of 1994) 11. Telecom Disputes Settlement and Appellate TribunalThe Telecom Regula tory Authority of India Act, 1997 (24 of 1997) 12. Appellate BoardThe Trade Marks Act, 1999 (47 of 1999) 13. National Company Law Appellate TribunalThe Companies Act, 2013 (18 of 2013) 14. Authority for Advance RulingThe Income Tax Act, 1961 ( 43 of 1961) 15. Film Certification Appellate TribunalThe Cinematograph Act, 1952 ( 37 of 1952) 16. National Consumer Disputes Redressa l CommissionThe Consumer Protection Act, 1986 ( 68 of 1986) 17. Appellate Tribunal for ElectricityThe Electricity Act, 2003 ( 36 of 2003) 18 Armed Forces TribunalThe Armed Forces Act, 2007 ( 55 of 2007) 19. National Green TribunalThe National Green Tribunal Act, 2010 ( 19 of 2010). THE NINTH SCHEDULE [See section 185] Sl.No. Tribunal/ Appellate Tribunal under ActsTribunal/Appellate Tribunal Authority to exercise the jurisdiction under the Acts. (1) (2) (3) 1. The Employees Provident Fund Appellate Tr ibunal underThe Industr ial Tribunal constit uted the Employees Provident Funds and Miscellaneousby t he Centr al Government under Provisions Act, 1952.the Industrial Disputes Act, 1947. 2. The Copyright Boar d under the Copyright Act, 1957.The I ntellect ual P rop erty Appellate Board under the Trade Marks Act, 1999. 3. The Railway Rates Tribunal under the Railways Act, 1989.The Railway Claims Tribunal under the Railway Cla ims Tribunal Act, 1987. 4. The Appella te Tribunal for Foreign Exchange underThe Appellate Tribunal under the the Foreign Exchange Management Act, 1999.Smugglers a nd Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. 5. The Nationa l Highways Tribunal under the Control ofThe Airport Appellate Tribunal National Highways (Land and Traffic) Act, 2002.under the Airport Authorit y of India Act, 1994. -95-Ex-576/2017 6. (A) The Cyber Appellate Tribunal under the Informa tionThe Telecom Disp utes Technology Act, 2000. (B) The Air ports Economic Regulatory Authorit y AppellateSettlement and Appellate Tribunal under the Airpor ts Economic Regulator y AuthorityTribunal under the Telecom of India Act, 2008.Regulatory Authority of India Act, 1997. 7. The Competition Appellate Tribunal under the Competition Act, 2002.The National Company Law Appellate Tribunal under the Companies Act, 2013.”.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50-96- Ex-576/2017

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008DEED OF CHANGING NAME ON AFFIDAVITBY T HIS DEED I, the undersigned J. Lalkhawngaihi (New name), D/o Hrangkhuma (L), a bona fide citizen of India by birth, permanent resident of Dawrpui Vengthar, Aizawl, Mizoram, do hereby solemnly affirm and state as follows :- 1.That I wholly renounce, relinquish and a bandon the use of my former name Lynda Zarzokimi and in place thereof, do assume from the date hereof the name of J. Lalkha wngaihi and so that I may hereafter be called, known and distinguished not by my former name of Lynda Zarzokimi, but my assume name of J. La lkhawngaihi. 2.That for the purpose of evidencing such my determination I declare that I shall at all times hereafter in a ll records, deeds and writings and in all pr oceedings, dealings and transactions of private as well as public and upon all occa sions whatsoever use and sign the name of J. Lalkhawngaihi as my name in pla ce of and in substitute for my former name of Lynda Zarzokimi. 3.That I expressly authorize and request all persons at all times hereaft er to designate and address me such assumed surname of J. Lalkhawngaihi a ccordingly. IN WITNESS WHEREOF I have her eunto subscribed my hand and sign this the 4th da y of Oct ober, 2017. Sd/- DEPONENT Identified bySign before me Sd/-Sd/- Bhanu Kawar, BA., LLB.LalramhlunaNotarial Registration AdvocateAdvocateNo. 2/10 Distr ict & Sessions Judge’s CourtNota ry PublicDate 4/10/17 Aizawl District, Aizawl, MizoramAizawl : Mizoram VOL - XLVI Aizawl, Thursday 5.10.2017 Asvina 13, S.E. 1939, Issue No. 593Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008BEFORE THE JUDICIAL MAGISTRATE 1ST CLASSI, Lalkamlova S/o K. Zakima R/o Zonuam, Aizawl, Mizor am, aged about 53 years and a Christian by faith do hereby solemnly affirm and state a s follows : 1.That I am a bonafide citizen of India belonging to Scheduled Tribe community of Mizo. 2.That my true and correct name is Lalkamlova, S/o K. Zakima. And accordingly, I have been writing my name as Lalka mlova , S/o K. Zakima in some of my documents like Aadhar Card, Voter ’s Identity Ca rd etc. However, in some of my documents like Class - VIII Certificate, etc. my name has been mistakenly recorded as Kamlova, S/o Nubua ngi. 3.That the pur pose of this a ffidavit is to prove that the name La lkamlova S/o K. Zakima which is my true and official name and the name Kamlova S/o Nubuangi as recorded in my Class-VIII Certificate, etc. signify one and same person which is me. 4.That I hereby declared that I relinquished tha name Ka mlova S /o Nubuangi by adopting the name Lalkamlova S /o K. Za kima as my sole name fr om this day. 5.That I therefore request the concerned authority to accept this affidavit thereby making necessary correction. 6.That the sta tements made in this p ara and in para s No. 1-5 above are tr ue and correct to the best of my personal knowledge and belief. In witness whereof I hereunto put my signature on this the 21st day of September, 2017. Sd/- DEPONENT Identified by :Swor n befor e me : Sd/-Sd/- C. VanlalruataJudicial Magistrate 1st Class-I AdvocateAizawl District Ph : 9862311944Aizawl : Mizoram VOL - XLVI Aizawl, Thursday 5.10.2017 Asvina 13, S.E. 1939, Issue No. 594Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo-A-46011/1/2013-HMJ, the 4th October, 2017.In t he interest of public service, the Governor of Mizoram is p leased to notify the Mizoram Prison Manual 2017 with immediate effect. La lrinliana Fanai, Commissioner & Secretary to the Govt. of Mizoram, Home Department. VOL - XLVI Aizawl, Thursday 5.10.2017 Asvina 13, S.E. 1939, Issue No. 595 PERSPECTIVECrime is the outcome of a diseased mind and ja il must have an envir onment of hospital for treatment and care. - Ma hatma Ga ndhi Impr isonment has been the cu stomary mode of dealing with offenders since time immemor ial. Though the foundations of the contempora ry prison administration in India were laid during the British period, the system has drastically changed over the yea rs, especially since the dawn of independence. Apar t from the principles embodied in the Fundamental Rights and Dir ective Princip les of S tate Policy enshr ined in the C onstit ution of India, new ideas a nd correctiona l pra ctices in various countries ha ve cons iderably influenced the texture of prison reforms in the country. India shares the universally held view that a sentence of imprisonment would be justifiable only if it ultimately leads to the protection of society a gainst crime. Such a goal could be achieved only if incarceration motivates and prepares the offender for a la w-abiding and self-supporting life after his release. It fu rther a ccepts that, as imprisonment deprives the offender of his liberty a nd self-determination, the pr ison system should not be allowed to a ggravate the suffering already inher ent in the process of incarcer ation. Thus, while certain categories of offenders, who endanger public safety, have to be segregated from the social mainstream by way of impr isonment, all possible effor ts have to be made to ensure that they come out of prisons as better individuals than what they were at the time of their admission thereto. - 2 - Ex-595/2017 REFORMATION AS THE ULTIMATE OBJECTIVE As early as 1920, the Indian Ja ils Committee had unequivocally declared that t he reformation and rehabilitation of offenders was the ultima te objective of prison administra tion. This declaration was subsequently echoed in the proceedings of various Prison Reforms Committees appointed by the Central and State Governments over the years and various international instruments. T he Unit ed Nations Standard Minimum Rules for the Treatment of Prisoners, for mulated in 1955, provides the basic framework for achieving the goa l of reformation and rehabilitation of offenders. The internationa l Covenant on C ivil and Politica l Right s, propounded by United Nations in 1977, to which India is a party, has clearly brought out that the penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation a nd social rehabilitation. While the proclaimed principles are lauda ble, an assess ment of actual practices presents the deep divide between intent and on-ground realit ies. JUDICIAL INTERVENTION Prison administration in India has been subjected to intense review by the higher judicia ry in the last few decades. InSunil Batra v. Delhi Administration and Others (1978), Justice V. R. Krishna Iyer pronounced: “prisoners have enforceable liberties, devalued may be but not demonetised; a nd under our ba sic scheme, Prison Power must bow before Judge Power, if fundamental fr eedoms are in jeopardy”. Again in Sunil Batra v. Delhi Administration (1 979), the Cour t asked and a ffirmed: “ Are prisoners persons? Yes, of cour se. To a nswer in the negative is to convict the nation and the Constitution of dehumanisation and to repu diate the world legal order, which now recognises rights of prisoners in the International Covenant on Prisoners’ Rights to which our country has signed assent”. In a number of judgments on various aspects of pr ison administra tion, the Supreme Cour t of India has laid down three broad principles: (i) A person in prison does not become a non-person. (ii) A p erson in pris on is entitled to a ll hu man r ights within t he limitations of imprisonment. (iii) There is no justifica tion in a ggra vating the suffering already inherent in the pr ocess of inca rceration. These principles have serious implications for prison administration. They call for a thor ough restructuring of the prison system in terms of the huma nisation of prison conditions, minimum standards for institutional care, reorientation of prison staff, reorganisation of prison programmes a nd rationalisation of prisons rules and r egulations. Fr om this viewpoint, among the various directives issued by the Supreme Cour t of India, in Sunil Batra v. Delhi Administration (1979), the following deserve a special mention: “It is imperative, as implicit in article 21, that life or liberty shall not be kept in suspended anima tion or congealed into animal existence without the freshening flow of fair procedure. Fair procedur e in dealing with the pr isoners calls for another dimension of access of law-provision, within the easy reach of the law which limits liberty to persons who are prevented from moving out of prison gates”. “No prisoner can be personally subjected to deprivation not necessit ated by the fact of incarcera tion and the sentence of court. All other freedoms belong to him - to read and write, exercise and recreation, meditation and chant, creative comforts like protection from extreme cold and heat, freedom from indignities like compulsor y nudity, forced sodomy and other unbearable vulgarity, movement within the prison campus subject to requirements of discipline and security, the minimum joys of selfexpression, to acquire skills and techniques and all other fundamental rights tailored to the limitations of impr isonment”. “Inflictions may ta ke protean for ms, apar t from physica l assaults, pushing the prisoner into a solitary cell, denial of a necessar y amenity, and, more dreadfu l sometime transfer to a distant prison where visits or society of friends or r elations may be snapped, allotment of degra ding la bour, assigning him - 3 -Ex-595/2017 to desperate or tough gang and the like, ma y be punitive in effect. Every such affliction or abridgement is an infra ction of liberty or life in its wider sense and c annot be susta ined unless Article 21 is satis fied. T her e mu st be a cor rective legal proc edure f air and reasonable and effect ive. Such infr act ion will be ar bitrar y, u nder Article 14, if it is dependent on unguided discr etion; unr easonable, under Article 19 if it is irremediable and unappealable; and unfair under Article 21 if it violates natural justice….” “The prison author ity has duty to give effect to the court sentence. To give effect to the sentence means that it is illegal to exceed it and so it follows that prison official who goes beyond mere impr isonment or deprivation of locomotion and assault s or otherwise compels the doing of things not covered by the sentence a cts in violation of Article 1 9. Punishments of rigorous imprisonment ob lige the inmates to do hard labour, not harsh labour. ‘Hard labour ’ in section 53, Prisons Act to receive a huma ne meaning. So a vindictive officer victimising a prisoner by for cing on him particularly harsh and degrading jobs, violates the law’s mandate. T he prisoner cannot demand soft jobs but may reasonably b e assigned congenial jobs”. “The Prisons Act needs rehabilit ation a nd Prison Manua l total overha ul, even the Model Ma nual being out of focus with healing goals. A correctional-cum-orientation course is necessitous for the prison sta ff in calculating the correctional values; therapeutic appr oaches a nd tension-free management”. RIGHTS AND DUTIES OF PRISONERS In light of the obs ervations made by the Supreme Court, it was impera tive for the rights and duties of prisoners to be clearly spelt out. In this resp ect, the All India Committee on Jail Reforms (1980-83) headed by Justice A.N. Mulla(‘Mulla Committee’) had identified the following: RIGHTS OF PRISONERS: (A)Right to Human Dignity (i) Right to be treated as a human being and as a person; this right has been stressed and recommended by the Supreme Court of India which has categorically declared tha t prisoners shall not be treated as non-persons; (ii) Right to integrity of the body; immunity from use of repression and personal abuse, whether by custodial staff or by prisoners; (iii) Right to integrity of the mind; immunity from aggression whether by sta ff or by prisoners; (iv) Right to non-depr ivation of fundamental rights guaranteed by the Constitution of India, except in accordance with law prescribing conditions of confinement. (B) Right to Ba sic Minimum Needs Right to fulfillment of basic minimum needs such as adequate diet, health, medical care and treatment, access to clean and adequate drinking water, access to clean and hygienic conditions of living accommodation, sa nitation and personal hygiene, a dequate clothing, bedding and other equipment. (C) Right to Communica tion (i) Right to communication with the outside world; (ii) Right to periodic interviews; and (iii) Right to receive information about the ou tside world through communica tion media. (D) Right to Access to Law (i) Right to effective access to information and all legal provisions regulating conditions of detention; (ii) Right to consult or to be defended by a legal practitioner of prisoner ’s choice; (iii) Right to access to agencies, such as Sta te Lega l Aid Boards or similar organisations providing lega l services; (iv) Right to be informed on admission about legal rights to appeal, revision, review either in respect of conviction or sentence; - 4 - Ex-595/2017 (v) Right to receive all cour t documents necessary for preferring an appeal or revision or review of sentence or conviction; (vi) Right to effective presentation of individua l complaints and grievances during confinement in prison to the appropr iate authorities; (vii) Right to communicate with the prison administration, appropria te Government a nd judicial author ities , as the case ma y be, for redressal of violation of any or all of prisoners’ rights and for redress al of grievances. (E)Right against Arbitrary Prison Punishment Right to ent itlement in case of disciplina ry violation (i) to have precise information as to the natur e of violation of Prisons Act a nd Rules, (ii) to be heard in defence, (iii) to communicate of the decision of disciplinary proceedings, and (iv) to appeal as provided in rules made under the Act. (F) Right to Meaningfu l and Gainful Employment (i)Right to meaningfu l and gainful employment Note 1 : No prisoner shall be required to perform ‘begar ’ and other similar forms of forced labour which is prohibited as a fundamental right against exploitation under Article 23 of the Constitution. Note 2 : Undertrial prisoners volunteering to do work may be given suitable work wherever practicable. Such prisoners should be paid wages as per rules. Not e 3 : No prisoner shall be put to domestic work with any official in t he prison administration. Such work shall not be considered as meaningful or gainful, even if some monetary compensation is offer ed. Note 4 : Pr isoners shall, in no case, be put to any work which is under the management, cont rol, supervision or dir ection of any private entrepreneur working for pr ofit of his or ganisation. This will not apply to open prisons and camps. (ii) Right to get wages for the work done in prison. (G) Right to be released on the due date. DUTIES OF PRISONERS: It shall be the duty of each prisoner — (a ) to obey all lawful orders and instructions issued by the competent prison a uthorit ies; (b) to abide by all pr ison rules and regulations and perform obliga tions imposed by these rules a nd r egula tions; (c ) to maintain the pr escribed standards of cleanliness a nd hygiene; (d) to respect the dignity and the right to live of every inmate, pr ison sta ff and functionary; ( e) to a bstain from hurting religious feelings, beliefs and faiths of other persons; (f) to use Government property with care and not t o damage or destroy the same negligently or wilfully; (g) to help prison officials in the performa nce of their duties at all times and maintain discipline and order; (h) to preserve and promote congenial correctional environment in the prison. UNIFORMIT Y IN LAW In Ramamurthy v. State of Karnataka, 2 the Supreme Court of India strongly emphasized the need to bring some level of uniformity in laws and regulations governing prisons in the country. The apex Court specifically directed the authorities to deliberate about enacting a new Prison Act to replace the century old Prisons Act, 1894 a nd to examine the question of framing of a new model All India Jail Manual. To further this object, the Model Prison Manua l Commit tee was set up to for mulate a new Model Pr ison M anu al. In pr epa r ing t he M odel, t he Commit tee wa s guided b y t he pr inc iples s et for t h b y t he Mu lla C ommit t ee, and the rights of prisoners identified by the Supreme Court in various decisions. The Committee also took note of the draft national policy on prisons suggested by the Mulla Committee, the brief details of which are set forth below: 2 AIR 1997 SC 1739. - 5 -Ex-595/2017 GOALS AND OBJECTIVES (i) Prisons in the country shall endeavour to reform and reassimilate offenders in the socia l milieu by giving them appropriate cor rectiona l treatment. MODALITIES (i)Incorporation of the principles of management of prisons and treatment of offenders in the Directive Principles of the State Policy embodied in Part IV of the Constitution of India; (ii)Inclusion of the subject of prisons and a llied institutions in the Concurrent List of the Seventh Schedule to the Constitution of India; and (iii)Enactment of uniform and comprehensive legislation embodying modern principles and procedures regarding reforma tion a nd rehabilitation of offenders. (iv)There shall be in each Sta te and Union Territory a Depa rtment of Prisons dealing with adult and young offenders - their institutional care, treatment, aftercare, probation and other noninstitutional services. (v)The State shall endeavour to evolve proper mecha nism to ensure that no undertrial prisoner is unnecessarily deta ined. T his shall be achieved by speeding up tria ls, simplification of bail procedures and periodic review of cases of undertrial prisoners. Undertrial prisoners shall, as far as p ossible, be confined in sepa rate institutions. (vi)Since it is recognized that impr isonment is not always the best way to meet the objectives of punishments the government shall endeavour to provide in law new alt ernatives to imprisonment such as community service, forfeiture of property, pa yment of compensation to vict ims, public censure, etc., in addition to the ones a lready existing and shall sp ecially ensure that the Proba tion of Offenders Act, 1958 is effectively implemented throughout the country. (vii)Living conditions in every p rison and allied institution meant for the custody, car e, treat ment and reha bilitation of offenders sha ll b e compa tible with human dignity in all aspects such as accommodation, hygiene, sa nitation, food, clot hing, medical facilities, etc. all factors responsible for vitiating the a tmosphere of these institutions shall be identified and dealt with effectively. (viii)In consonance with goals and objectives of prisons, the State shall provide appropriate facilities and professional personnel for the classification of prisoners on a scientific basis. Diversified institutions shall be provided for the segregation of different categories of inmates for proper treatment. (ix)The State shall endeavour to develop the field of cr iminology and penology and promote research on t he typology of crime in the context of emerging pa tterns of crime in the country. This will help in proper classification of offenders a nd in devising appropriate treatment for them. (x)A system of graded custody ranging from specia l secur ity ins titutions to open institutions shall be provided to offer proper opportunities for the reformation of offenders according to the progress made by them. (xi)Programmes for the treatment of offender s shall be individualized and shall aim at providing them with opportunities for diversified education, development of work habits and skills, change in attitude, modification of behaviour and implantation of socia l and moral values. (xii)The State shall endeavour to develop vocational training and work programmes in prisons for all inmates eligible to work. The aim of such training and work programmes shall be to equip inma tes with better skills and wor k habits for their rehabilitation. (xiii)Payment of fair wages and other incentives shall be associated with work programmes to encourage inmate participation in s uch progr ammes. The incentives of leave, remission and pr emature release to convicts shall also be utilized for improvement of their behaviour, strengthening, of family ties and their early r eturn to society. (xiv)Custody being the basic fu nction of prisons, appropriate secur ity arr angements shall be made in accordance with the need for graded custody in different types of institutions. The management of prisons shall be cha racterized by firm and positive discipline, with due regard, however, to the maintenance of huma n rights of prisoners. The Sta te recognizes t hat a prisoner loses his right to - 6 - Ex-595/2017 liberty but mainta ins his residuary rights. It shall be the endeavour of the State to pr otect these residuary rights of the prisoners. (xv)The State shall provide free legal aid to all needy prisoners. (xvi)Prisons are not the places for confinement of children. Children (under 18 years of age) shall in no case be sent to prisons. All children confined in prisons at present shall be transferred forthwith to appr opriate institutions, meant exclusively for children with facilities for their care, education, training and rehabilitation. Benefit of non-institutional facilities sha ll, whenever possible, be extended to such children. (xvii)Young offenders (between 18 to 21 years) shall not be confined in prisons meant for adult offenders. There shall be separate institutions for them where, in view of their young and impressionable age, they shall be given treatment and training suited to their special needs of rehabilitation. (xviii) Women offenders shall, as far as possible, be confined in separate institutions s pecially meant for them. Wherever such arrangements are not possible they shall be kept in separate annexes of prisons with proper arrangements. The staff for these institutions and annexes shall comprise of women employees only. Women pr isoners shall be protected against a ll exploitation. Work and treatment programmes shall be devised for them in cons onance with their special needs. (xix)Mentally ill prisoners shall not be confined in prisons. Proper arrangements shall be made for the care and treatment of mentally ill prisoners. (xx)Persons cour ting ar rest during non-violent socio-political economic agitation for declared public cause shall not be confined in prisons along with other prisoners. S eparate prison camps with proper and adequate facilities shall be provided for such non-violent agitators. (xxi)Most of the persons sentences to life imprisonment a t present ha ve to undergo at least 14 years of a ctual imprisonment. Pr olonged incarceration has a degenerating effect on such persons and is not necessary either from the point of view of individual’s reformation or from that of the protection of society. The term of sentence for life in such cases shall be made flexible in terms of actual confinement so tha t such a person may not have necessa rily to spend 14 years in prison and may be r elea sed when his inca rceration is no longer necess ary. (xxii)Prison services sha ll be developed as a professional car eer service. The State shall endeavour to develop a well-orga nized prison cadre ba sed on a ppropriate job requirements, sound training and proper promotional a venues. The efficient functioning of prisons depends undoubtedly upon the personal qualities, educational qua lifications, p rofessional competence and character of pr ison personnel. T he status, emoluments and other service conditions of prison personnel should be commensurate with their job requirements and r esponsibilities. An all India service namely the Indian Prisons and Corr ectiona l Service shall be constituted to induct better qualified and talented persons a t higher echelons. Pr oper tr aining for prison personnel shall be developed at the national, regional and State levels. (xxiii) The State shall endeavour to secure and encourage voluntary participation of the community in prison progra mmes a nd in non-institutional treatment of offenders on an extensive and systematic basis. Such participation is necessary in view of the objective of ultimate rehabilitation of the offenders in the communit y. The government sha ll open avenues for such participation and shall extend financial and other assista nce to voluntar y organisations and individuals willing to extend help to pr isoners and ex-prisoners. (xxiv) Prisons are hitherto a closed world. It is necessary to open them to some kind of positive and constructive public discernment. Selected eminent public-men shall be authorised to visit pr isons and give independent report on them to appropriate a uthorit ies. (xxv)In order to provide a forum in the community for continuous thinking on problems of prisons, for promoting professional knowledge and for generating public interest in the reformation of offender, it is necessary that a professional non-official registered body is established at the national level. It may have its branches in the States. T he Government of India , the S tate - 7 -Ex-595/2017 Governments and the Union Territ ory Administrations shall encourage setting up of such a body and its branches, and shall provide necessary financial and other assistance for their proper functioning. (xxvi) Probation, a ftercar e, rehabilitation and follow-up of offenders shall form an integral part of the functions of the Department of Pr isons a nd Corr ectiona l Services. (xxvii) The development of prisons shall be planned in a systematic manner keeping in view the objectives and goals to be achieved. T he progress of the implementation of such plans shall be cont inuously monitored a nd periodically evalua ted. (xxviii) The governments at the Centre and in the States shall endeavour to provide adequate resou rces for the development of pr isons a nd other allied services. (xxix) Government recognizes that the process of reformation and rehabilitation of offenders is an integral part of the total process of social reconstruct ion, a nd, therefore, the development of pr isons shall find a place in the nationa l development plans. (xxx)In view of the importance of uniform development of prisons in the country the Government of India has to play an effective role in this field. F or this purpose the Central Government shall set u p a high s t a t u s Na t iona l C ommis s ion on P r is ons on a p er ma nent b a s is . T his s ha ll b e a s p ecia lized body to advise the Government of India, the State Governments and the Union Territory Administrations on all matters relating to prisons and allied services. Adequate funds shall be placed at the disposal of this Commission for enabling it to play an effective role in the development of p risons and other welfare pr ogrammes. The Commission shall p repare an annual national report on the administra tion of prisons and allied services, which shall be placed before the Parliament for discussion. (xxxi) As prisons form par t of the criminal justice system and the functioning of other branches of the system-the police, the pr osecution and the judiciary have a bearing on the working of prisons, it is necessary to effect proper coordination among these branches. The government shall ensure such coordination at various levels. (xxxii) The State shall promote research in the correctional field to make prison programmes more effective. SCOPE OF THE MODEL PRISON MANUAL For developing prison system in the country as an effective instrument for the reformation and rehabilita tion of offender s, the draft Model Prison Manual aims at: (i) Bringing in basic uniformity in laws, rules and regulations governing the a dministration of prisons and the management of prisoners all over the country; (ii) Laying down the fra mework for both sound custody and treatment of prisoners; (iii) Rationalisa tion of prison practices to cater effectively to various categories of prisoners; (iv) Spelling out minimum standards of institutional services for the care, protection, treatment, education, training and resocia lisation of incarcerated offenders; (v) Evolving such procedures for the protection of hu man rights for prisoners as they are entitled to within the limitations imposed by the process of incarceration. (vi) Individualisation of institutional treatment of prisoners in keeping with their personal characteristics, behavioural patterns and correctional requirements; (vii) Pr oviding a scientific basis for the treatment of specia l ca tegories of prisoners such as women, adolescents and high-risk offenders; (viii) Outlining an organisation of the Department of Prisons and Correctional Services which is conducive to its declared objective and to delineating t he duties and functions of the staff at var ious levels (ix) Developing coordination between the Department of Prisons and Correctional Services and other components of the criminal justice sys tem; (x) Ensuring availability of the necess ary service inputs fr om other public depar tments in an efficient functioning of prisons; - 8 - Ex-595/2017 (xi) Forging constructive linkages between prison programmes and community-based welfare institutions in achieving the object ive of the reformation and rehabilit ation of prisoners; (xii) Leaving flexibility in the suggested provisions so as to allow for adaptation to local conditions without undermining uniformity in rights a nd duties of prisoners. RECENT DEVELOPMENTS In r ecent years, steps have been taken by some State Governments to update their existing Pr ison Manuals and usher in prison reforms. However, a lot is left to be desired and the plight of pr isons a nd prisoners across the country requir es continued focus and attention. The Supreme Court has continued playing an act ive role in the process of improving prison administration in the country and has issued directions in respect of various aspects of prison management. With a view to incorporating the directions/ guidelines issued by the Supreme Court, removing existing lacunae and fur ther developing the Manual int o an ideal instrument, the Government saw it fit to undertake a r eview of the 2003 Model and continue its engagement in the process of prison reforms. This process also allowed for a platform to engage further with States and encourage them to adopt the Model in line with the sentiment shar ed by the Supreme Court r egarding uniformity. The r evisions and a dditions made to the Model chiefly cover the following: Access to free lega l services A new chapter on legal aid (Chapter XVI) has been incor porated in the Model Manual. Article 39A of the Constitution calls for fr ee legal aid to the poor and weaker sections of society and seeks to ensure justice for all. In line with this Directive Principle, t he Legal Services Authorities Act was ena cted in 1987 and National Legal S ervices Author ity (NALSA) and State Legal Services Author ities (SLSAs) established thereunder. Within this r egime, persons in custody are also entitled to fr ee legal services. Recognising these principles, the Manual seeks to create a mechanism to ensure access to legal aid to prisoners. The chief a dditions include: §Appointment of jail visiting advoca tes; §Setting up of a legal aid clinic in every prison; §Legal literacy classes in prisons; §Constitution of under-trial review committee and provisions to ensur e legal services for under-t rial prisoners who have undergone half of the maximum sentence for that offence. Additional provisions for women prisoners Safety and reformation of women prisoners are of utmost importance in prison administration. Not only is it essential that women offenders be gua rded a gainst exploita tion while in prisons, it is also imperative that special pr ogrammes be initiated aimed specifically at their r ehabilitation and to impart life- skills that would enable them to be self-reliant after release. Health of women prisoners ha s also been recognised as a focus area warranting special attention. With this in mind, Chapter XXVI of the revised Manual (Chapter XXIV of the 2003 Manual) has been revised to provide additional safeguards and protections, including the following: §Comprehensive health scr eening for women prisoners, including to determine presence of sexu ally tr ansmitted or blood-borne diseases, mental health concerns, existence of drug dependency, etc. This is drawn from the United Nations Rules for the Treatment of Female Prisoners and Non- Custodial Measures for Women Offenders adopted by the UN General Assembly (UN Bangkok Rules); §Sensitising the sta ff and imparting training relating to gender issues a nd sexual violence; §Educating women about preventive health-ca re measures; §Enabling proper counselling and tr eatment for those suffering fr om psychologica l disorders; §Focu ssed after-car e and r ehabilitation measures to ease women’s re-integra tion into society; - 9 -Ex-595/2017 §Rest rictions on cer tain kinds of punishments being awar ded to women, for instance, punishment by close confinement should not be awarded to pregnant women, women with infants, etc.; §Counselling programmes focussed on women, especially those who have been victims of abuse and focus on removing a ny further damage that imprisonment may have on a female inmate. Rights of prisoners sentenced to death The Supreme Court, inShatrughan Chauhan v. Union of India and Others ,3 observed that “… the legal procedure adopted to deprive a person of his life or liberty must be fa ir, just and reasonable and the protection of Article 21 of the Constitution of India inheres in every person, even death-row prisoners, till the very last breath of t heir lives.” To this end, the Court laid down certa in guidelines in resp ect of p risoners sentenced to death which have been echoed in the Ma nual recognising the necessit y of ensuring the huma n right s of such prisoners. These have been incorpora ted in Chapter XII (C hapter XI of the 2003 Manual) and broadly include: §Provision of legal aid to prisoners sentenced to death at all stages, even after rejection of mercy petitions; §Regular mental health evaluation for death row prisoners; §Physical and mental health reports to certify tha t the pr isoner is in a fit physical and menta l condit ion; §Procedure and channels thr ough which mer cy petitions ar e to be submit ted; §Communication of rejection of mercy petitions; §Furnishing necessary documents, such as court papers, judgments, etc. to the prisoners; §Facilitating and allowing a final meeting between a prisoner and his family. Modernisation Additions have been made to the Manual to encour age use of technology/ software systems where possible, including int roduct ion of a Personal Informa tion System for r ecording infor mation relating to inmates (incorporated in Chapter V - Custodial Management). Also, any register required to be maintained by the prison authorities can now also be in elect ronic form. In line with the Supreme Court’s dir ections in D.K. Basu v. State of West Bengal and Ors ,4 provisions have been included (in C hapter II - Institutional Fra mework) for installation of C CTV cameras in work sheds, kitchens, high security enclosur es, main gate, etc. of prisons to pr event violation of human rights. Foc us on aft er-care s ervices The Manual recognises that it is the States’ responsibility to devise and develop mechanisms for rehabilitation of released convicts (in Chapter XXII - After-Care and Rehabilitation). It is envisaged that special committees known as Discharged Prisoners’ After-Care and Rehabilitation Committees should be set up at the district or State level for planning and devising appropriate mechanisms for rehabilitation and after-care assistance to pr isoner s. Provisions for children of women prisoners In R.D. Upadhyaya v. State of A.P. and Others ,5 the Supreme Court issued guidelines in respect of children of women prisoners. While a cknowledging some positive steps taken in this regar d, the Court noted tha t “a lot more is requir ed to be done in the S tates for looking aft er the interest of the childr en” and went on to issue guidelines to ensure holistic development of childr en of women prisoners inside prisons and pregnant prisoners. While certain guidelines already found mention in the 2003 Model Ma nual, several States are yet to have adopted these. Additiona l provisions (in line with the Supreme Court guidelines) have been incorporated in Chapter XXVI - Women Pr isoners (Chapter XXIV of the 2003 Ma nual) a nd include: 3 (2014) 3 SCC 1. 4 2015 (3) RCR (Criminal) 848. 5 AIR 2006 SC 1946. - 10 - Ex-595/2017 §Provisions for holistic development of children, including pr ovision of food, medical car e, clot hing, education, and recreational facilities; §Providing pr e-natal and post-natal care t o pregnant women offenders; §Taking care of nutr itional requirements of childr en and provision of clean drinking wa ter; §Ensuring a well-equipped crèche and a nursery school for children to be looked after. Organisational uniformity and increased focus on prison correctional staff The organisational hierarchy set forth in Chapter III (Headqua rters O rganisa tion) has been streamlined with increased focus on the Cor rectional Wing, and engagement of professionally qu alified counsellors/ psychiatrists for counselling needy prisoners, especially those suffering fr om substance-related addictive dis order s. Inspection of Prisons A new chapter on inspection of prisons has been incorpora ted as Chapter XXVIII providing for (a) informal inspections to be carried out by senior pr ison officers, and (b) formal inspection to be carr ied out by a designated Inspector Officer. The formal inspection (which is more detailed) covers a spects such as mess facilities, medical facilities, hygiene, high security enclosures, etc. and would b e a thor ough review of the prison. This could help identify existing issues and deficiencies which could then be remedied thr ough appropriate action. Other revisions §Insertion of a new chapter on repatriation of pr isoners (Chapter X) in line with the advisor y issued by the Ministry of Home Affair s on the subject dated 10th August, 2015; §Bringing uniformity and cla rifying provisions regarding remission (Chapter XVIII), § Usage of the commonly used terms ‘parole’ and ‘furlough’ in place of leave and special leave (Chapter XIX) and setting out in detail the objective behind parole and furlough and the procedure for the same; §Br inging medical services within the domain of the State Medica l Services/ Health Depar tment instead of the prison depar tment (C hapter VII); §A more comprehensive and r elevant securit y classification for high-risk offenders (Chapter XXV); It is hoped that the present dra ft provides a satisfactory fr amework for enabling reforms and impels States to take this process for ward with vigour. - 11 -Ex-595/2017 THE MIZORAM PRISON MANUAL - 2017 Chapter I DEFINITIONS Unless a different intention appears from the subject or cont ext: (1)Act The Prisons Act of 1894 (Central Act IX of 1894). (2)Adult prisoner Any prisoner who is more than 21 years of age. (3)Casual prisoner A pr isoner other t han a habitua l offender. (4)Civil prisoner Any prisoner who is not committed to custody under a writ, wa rrant or order of any court or authority exer cising criminal jurisdiction, or by order of a court martial and who is not a detenue. (5)Competent Authority Any officer having jurisdiction a nd due legal authority to deal with a particular matter in quest ion. (6)Convict Any prisoner under sentence of a court exercising criminal jurisdict ion or court martial a nd includes a person detained in prison under the pr ovisions of chapter VIII of the Code of Criminal Procedur e of 1973 (Central Act 2 of 1974) and the Prisoners Act of 1900 (Central Act 3 of 1900). (7)Correctional Administration The administration of services aimed at the refor mation a nd rehabilitation of the offender. (8)Correctional personnel Personnel engaged for Correctional purposes in the prison department. (9)Detenue Any person detained in pr ison on the or ders of the competent authority under the r elevant preventive laws. (10)Inspector General of Prisons An officer designated as such by the St ate Government Administration. (11) Government Government as defined in the Indian Penal Code, 1860 (Central Act XLV of 1860). (12)Geria tric prisoner A pr isoner who is 60 years of age or above and medically unable to ma nage his/her da ily affairs independently without assistance (13)Habit ual offender A pr isoner classified as such in a ccordance with the provisions of applicable law or rules. (14)High-risk offender A prisoner with high propensity towards violence, escape, self-harm, disorderly behaviour, and likely to create unrest in the jail and threat to public order. Also includes persons intermittently suffering from suicida l tendencies, a nd persons with substa nce-related and addictive disorders suffering from intermittent violent behaviour. (15)History ticket The ticket exhibiting such information as is required in respect of each prisoner by the Prisons Act or the r ules t her eunder. (16)Imprisonment As defined in the Indian Penal Code, 1 860. (17)Inmate Any person lawfully kept in an institution. - 12 - Ex-595/2017 (18)Institution A place where prisoners are lawfully confined. (19)Magistrate Any person exercising all or any of the powers of a Magistrate under the Code of Criminal Procedure, 1973. (20)Chief Medical officer In r elation to prisons, this is a gazetted officer of the government and includes qualified medical practitioners declared by general or special or ders of the government to be a medical officer. (21)Military prisoner A pr isoner convicted by court martial. (22)Offence Any act or omission made punishable by any law for the time being in force. (23)Open prison, semi-open prison and open colonies Any place declared as such for the detention of prisoners under any Act or rules for the time being in for ce. (24)Prescribed As prescribed by rules. (25)Pr ison Any place u sed permanently or temporarily under the general or special orders of a State government for the detention of prisoners, under Section 417 of the Code of Cr iminal P rocedur e, 1973 and includes all land and buildings thereto, but does not include: (a ) any place for the confinement of prisoners who are exclusively in the custody of the police, (b) any place specia lly appoint ed by the State gover nment under Section 541 of the Code of Criminal Procedure, 1882 (10 of 1882). (26)Prisoner Any person confined in pr ison under the order of a competent author ity. (27)Proba tion officer An officer appointed as such by the State government to undertake probation work under the Probation of Offenders Act of 1 958, or any other law. (28)Prohibited article An ar ticle which is prohibited and declar ed as such under the Prisons Act of 1894 or Rules made thereu nder. (29)Remand prisoner A person who has been rema nded by court to prison custody, pending investiga tion by the police. (30)Remission system The rules in force for regulating the shortening of sentence of prisoners. (31)Superintendent An officer who is appointed by the competent authority to be in charge of a prison with such designation as it may specify. (32)Under-trial prisoners A person who has been committed to judicial custody pending investigation or trial by a competent authority. (33)Young offender Any prisoner who has attained the age of 18 years and has not attained the age of 21 years. Chapter II INSTITUTIONAL FRAMEWORK 2.01 A diversified prison system is imperative to meet the custodial and cor rectional needs of var ious categories of prisoners. Each prison has to be construct ed and maintained on t he basis of certain well-defined norms. The pr ison structure should be designed to provide all the necessary facilities for prisoners to be tr eated as human beings and subject them to a n envir onment conducive for their reformative treatment. - 13 -Ex-595/2017 2.02 The following crit eria must be a dopted for the establishment of prisons: i)The State Government will establish sufficient numbers of prisons, as far as possible, and provide minimum needs essential to maintain standards of living in cons onance with human dignity. ii)Prisons’ administra tion will ensur e that the prisoners’ human rights ar e respected. iii) Prisons’ administration will ensure separation of the following categories of prisoners: a) Women (b) Young offenders (c) Under-tr ials (d) Convicts (e) Civil prisoners (f) Detenues (g) High- risk offenders iv) Prisons’ administration will endeavour to prepare prisoners to lead a law abiding, self-supporting, reformed and socially rehabilit ated life. v)Diversified institutions will be set up by each State according to its r equirements. vi) In order to make pr isons efficiently mana geable units, norms regarding maximum popula tion for different types of pr isons will be laid down. vii) Service conditions of prison personnel will be such as to secure and retain the best -suited and qualified per sons. viii) Efforts will be ma de to enlist community participation in effective administration of pr ison programmes. Institutional Pattern 2.03 State government will adequately provide for the diversification of institutional resources to cater to the differential requirements of prisoners in terms of custody and correction. The factors to be cons idered will include age, sex, legal status of the prisoner, nature of crime, length of sentence, security requirements, sta te of health a nd corr ectional needs. Such a course implies the setting up of sepa rate institutional facilities for different categor ies of prisoner s, such as: *Prisons/annexes/yards for under-trial prisoners *Maximum security pr isons/a nnexes/yards for high-risk pr isoners and hardened or habitua l offenders *Open prisons, semi-open prisons and open colonies/camps *Prisons/annexes/enclosures for women prisoners *Prisons/annexes/yards for young offenders *Prisons/annexes/yar ds for those suffering from infectious diseases *Prisons/annexes/yar ds for drug and substa nce abuse offenders 2.04 Sta te Government will establish a mechanism for the classifica tion of pr isoners to be housed in various types of institutions as enumerated above and will lay down the procedure to be followed. They will also specify the author ised population for each type of institution and norms with regar d to area/space for prisoners as well as the number of prisoners to be housed a s suggested in this Model Prison Manual. This may also include facilities for education, vocational training and skill development progra mmes, a nd cultural activities, library and recreation, both indoor and outdoor. It may also give specifica tions for the staff to be appointed in each type of institution. Apart from various types of pr isons for specific categories of prisoners, State governments may declare any place as temporary prisons to deal with emergent situations. CLASSIFICATION OF PRISONS 2.04.1 Category of Jails:- All Prisons in Mizoram Sta te are classified into three categories namely Centr al Prison, District Prison and Sub Prison. The List of existing prisons are given below:- - 14 - Ex-595/2017 1 ) Central Prison : Central Prison at Luangmual is called as “ Central Prison” Aizawl. All male prisoners sentenced to imprisonment exceeding three years s hall be detained. Prisoners sentenced to death in the District shall also be committed to the Central Prison, Aizawl. 2 ) District Prison:Prisons at the District Headquarters are called District Prison and the exis ting District Pr isons a re namely:- 1)District Prisons, Aizawl 2)District Prisons, Lunglei 3)District Prisons, Saiha 4)District Prisons, Kolasib 5)Distr ict Prisons, Cha mphai 6)District Prisons, Lawngtlai 7)Distr ict Prisons, Serchhip 8)District Prisons, Mamit 3 ) Sub-Prison:Prison at S ub-Divisional Headquar ters ar e called as ‘Sub Prisons’. Prison Architecture 2.05 Prison architecture has to be based on the following: i)The location of a new institution will be decided on the bases of (a) the funct ions which the institution has to perform, (b) the tr aining and treatment emphasis, and (c) programme content of the institution. ii)New instit utions will not be construct ed near easily flooded and inundated a reas, frontiers a nd international borders, sub-marginal land areas, sea-faces, a irports and congested urban localit ies. iii) While selecting the site for new institutions, factors like transport facilities, water supply, electric lighting, connections with high power electric transmission lines, drainage and sewage, communication facilities(such as posts, telegraphs, telephones and internet) climatic conditions, facilities for the purchase of institutional supplies, have to be taken into consideration. Also, institutions like courts, civil hospitals, mental health centr es, educational facilities for childr en of pr ison personnel, should as far as possible be within easy reach. iv) No building, other than the prison, will be constructed within 50 mtrs of the prison wall of a Central Prisons, within 20 mtrs of the pr ison wall of a District Prison and within 10 mtrs. Mtrs of the pr ison wall of Sub-Pr ison. v)The architecture of institutions will be governed by two principles viz. (a) adequate pr otection to society thr ough the establishment of security conditions; and (b) a dequate resour ces which would be necessary for the success ful implementa tion of various correctional programmes. Institutional design and architecture have to be functional. vi) The plan of an institution will be based on a careful analysis of inmate population, age group, custodial, requirement, diversified work, educational progr ammes, etc. vii) Closed prisons are classified into three categories tha t is central prisons, district prisons and sub- prisons. Authorised population for these prisons will not exceed 1000, 500 and 300 prisoners, respectively. viii) There will be enough open space inside the per imeter wall to allow proper ventila tion and sunlight. The area enclosed within the fou r walls of a prison will not be less than 83.61 sq. mtrs per head of total capacity. Where land is scarce the minimum area will be 36 sq.ft per prisoner ix) No building inside a prison will be nea rer tha n 20 mtrs to the perimeter wall. x)The area of an institution will be fixed in accordance with the needs of an institutional progra mme. xi) The requirements of segregation of inmate groups within an institution in accordance with the prescribed principles of classification will be provided for in ever building plan. The requirements of administration and supervision will also be taken into account while planning buildings. - 15 -Ex-595/2017 xii) Each region/division will have an institution for women prisoners accor ding to local r equirements. Each centra l, distr ict and sub-pr ison will have an enclosure for women-prisoners. xiii) The existing enclosures for women in common pr isons will be r enovated to ensure that women prisoners do not come in view of male prisoners during their passage to and from these enclosures. These enclosures will have a double lock system – one lock outside a nd the other inside, the keys of the latter always remaining with a woman guard inside. The institutions/enclosures for women prisoner will have a ll the requisite facilities with reference to their special needs such as segregation, protection, pregnancy, child-birth and family care, health care, t raining and rehabilit ation, etc. xiv) Under-trials and detenues will be lodged in sepa rate institutions away from convicted prisoners. xv) All accommodation for use of prisoners, particularly for sleeping will provide will meet basic requirement of healthy living. Accomodation shall be built in a manner so as to ensure a dequate cubic contents of air, floor space, lightning, ventilation and climatic pr otection. All constructions in prison department will adhere to ISI standa rds. xvi) A special cell with adequate technical staff will be set up at the prison headquarters of each State of plan, monit or and supervise all construct ions and repair works in the department. (xvii) CCTV camera s shall be installed in worksheds, kitchens, hospitals, main gate, interview rooms, high security enclosures and in the premises of the barracks for monitoring purposes. Norms for Prison Building Prison buildings have to be cons tructed on the following norms: 2.06Main Gate The minimum dimension of t he main gate and second gate of all the closed prisons will be 3 mtrs in width and 4 mtrs in height. Dimension of main and rear gates should be wide that in case of fire exigencies a fire tender, a bore well rig to dig bor e well a lorry to transport ra w material/logs for fact ory and ration articles could pass through these gates. The gate will be made up of a strong steel frame having vertical round or square steel bars of 25 mm. dia or thickness. Each gate will have a wicket-gate of at least of 0.6 mtr in width and 1.5 mtr s in height. T he main gate and the wicket-gates will ha ve str ong locking ar rangements for m inside. Both ga tes will ha ve ar rangements for easy opening and closing of shutters. T he gates will be covered with iron sheet from outside up to the height of 2. 5 mtrs. The wicket-gates will have peepholes covered with lead at eye level. The main gate may be painted with colours identical to tha t of departmental flag if prescribed by the S tate Government. Space between two gates will not be less than 7 mtrs in length and 3 mtrs in width to facilitate gate operations. It will have the following facilities: (a) A cabin. (b) Gatekeeper. (c) Search. Ent ry to the prison will only be through a single point, tha t is the main gate, a nd all other entry points, if existing, will be closed permanently. There will be a properly designed administrative block for each category of prison. The administrative block will be located adja cent to the main gate and will have office r ooms, record rooms, conference hall, common r ooms, enquiry cabins and control rooms for efficient functioning of the administra tion. A court hall may also be set up to dispose of ca ses of under-t rials involved in petty offences. The reception unit will have necessary facilities for proper implementation of admission-quarantine orientation-classification progra mme. Physical facilities will be set up in accordance with the number and type of inmates to be received, and the programme to be followed for proper segregation of - 16 - Ex-595/2017 various types of inmates, The unit will have dormitory and single room type accommodations. Provision will also be made for following facilities: (i) a building where the inmates will be initia lly received, (ii) office room, (iii) interview room and exercise and recreational areas etc. The buildings and areas where the admission programme has to be carried out will be located in close proximity of the hospital. 2.07. Housing All accommodation provided for use of prisoners, particularly for sleeping, will meet basic requirements of hea lthy living. Due regar d shall be paid to climatic conditions, cubic contents of air, minimum floor space, lighting and ventila tion. There will be thr ee types of living accommoda tions a s mentioned below: (1) Barr acks with accommodation for not more than 2 0 prisoners (2) Single room accommodation for prisoners needing privacy for pursuing studies,etc (3) Cells for segregation of prisoners for the purpose of securit y and contagious diseases The minimum accommodation capacity of dor mitories/barracks, cells cottages, and hospitals per-prisoner will ordinarily be according to the following sca le : SLEEPING BARRACKSCELLSHOSPITALS Sq. mtrs Cu mtrs Sq. mtrs Sq. mtrsCu mtrsSq. mtrs Sq. mtrs Cu mtrs of gr oundof airof la tera l of gr oundof airof la tera l of gr ound of air areasspaceventilationareasspaceventilationar easpace 3.7115.831.128.9233.982.235.5823.75 A plate indicating the authorised accomodation will be attached to the housing unit. Ordinar ily, the number of prisoners confined in a housing unit will not exceed it s authorised accommoda tion 2.08. Barr acks If a barrack is flat-roofed there will be ceiling ventilation that is, opening at interva ls clos e to the junction of wa ll. If the bar rack is gable-roofed, there will be a ridge ventilator. The minimum height of r oofs or ceilings will not be less than 10 feet from the floor. The floor of the b arrack will be made of impermea ble materia l such a s cement concr ete. All barracks will, if possible, be provided with verandas not less than 2 mtr s in width. Though ventilation of the sleeping barracks is of the greatest importa nce, pr isoners will not be permitted to close the windows and ventilation openings with shutters or curta in at their discretion. In new barracks, the ventila ting ar ea per head will be ha lf a window. As standard gra ted window is 3 ft x 18 ft, ha lf a window will mean 1 sq. mtrs. T he ventilation will, however, be cont rolled a ccording to the season wherever necessary; otherwise the barr acks will be too cold and damp during winter and rainy season. Where accommodation is overcrowded and does not meet the prescribed standards, secure corr idors/verandas and wor ksheds may be used for accommodating short term pr isoners and under- tria ls involved in minor a nd petty offences dur ing night. If at any prison over-crowding is likely to cont inue, the excess number of pr isoners will be transferred to other institutions or camps as the case may be, wit h prior approval of the Inspector General of Prisons. The structural arrangements of fittings and fixtures and locking devices of barracks will be secure enough to pr event escapes. The existing wooden fr ames of the doors, windows and ventila tors will be replaced by iron/steel fr ames. The iron bars used in doors, windows a nd ventilators will b e 20 mm.dia. and the clear distance between two bars will be 7.5 cm. A ba rrack will ha ve only one door of 2. 2. x 1mtrs and will have a single shutter. The door of a ba rrack will have clear opening of 1mtr. The ir on frame will be made of angle-iron of minimum of 10 mm. thickness. - 17 -Ex-595/2017 The measurement of each b erth in the gr ound floor will norma lly be 2 x.75 mtrs with a height of 0.45 mtrs. A fixed or in-built shelf will be provided for each inmate so that he may keep his belongings there. Sufficient artificial light will be provided to enable the pr isoners to wor k and r ead without difficulty in their barracks after dusk. 2.09 Cells There will be thor ough ventilation of every cell. At the back of the cell there may be a clerestory window. The floor of the cell will be made of impermeable material. Each cell will have a yard attached to it where a prisoner can have the benefit of sufficient air and light. It will be provided with a flush latrine. Existing cells will not be put into use till this faculty is provided in them. Cells will be provided wit h sleep ing ber ths as prescrib ed earlier. 2.10 Latrines Each barrack used for sleeping will have sufficient number of attached WCs, urina ls and wash places. The ratio of such WCs will be one unit per 10 prisoners. The ratio of the WCs which can be used during day time will be one unit per six prisoners. Latr ines will be the sanitary type with arrangements for flushing. They will be placed on an impermeable base which will be higher than the surrounding gr ound and will be so built tha t the sun’s rays can ea sily enter the latrines and rain is kept out. The partitions separating the latrines will be high enough to provide a reasonable degree of priva cy. Latrines will be so designed that all excreta and wash materia ls will get into the r eceptacles without fou ling the sites. Every seat will be provided with foot rests with an impermeable su rface which will be in the r ight position a nd not too far apart. The inside walls of latrine will be fitted with glazed ceramic tiles up to the height of 1mtr fr om the floor level, as far as poss ible. 2.11. Bathing Places Every prison will provide covered cubicles for ba thing, at the rate of one for every 10 prisoner, with proper a rrangements to ensure privacy. Every prisoner will be required to have bath as frequently as necessar y for general hygiene according to climatic conditions. Taking into consideration that the daily r equirement of water of an individual is about 135 ltrs., there will be a n arr angement for t he adequat e su pply of wa ter in every p ris on. If feas ible, new prisons will have arrangements for rainwater harvesting and recycling of water, keeping in view its cost effectiveness. Each prison will ha ve an independent standby arr angement for water supply. All prison building should have ra in water harvesting system to improve the water supply to prison. 2.12. Kitchen The general kitchen will ordinarily be located a t a central place inside the prison so that the distribution of food among the prisoners may be finished quickly. The kitchen will not be built clos e to the sleeping barracks. It will be well ventilated and lighted. It must always be kept clean and tidy. The oven will be of the type in which the hea t does not escape outside and the smoke is let out by a suit able chimney regardless of the type of fuel used. T he kitchen will be protected by a fly proof wire mesh all ar ound. Sufficient number of exhaust fans will be installed and artificial ventila tion ma y be provided if necessary. The kitchen must be provided with fly-proof automatic closing doors. It will - 18 - Ex-595/2017 have floors made of an impermeable material. Ea ch kitchen shed will be provided with adequate supply of pure water which will be used for both cooking and wa shing. T he water will be collected from taps inside the kitchen. It is desir able that no single kitchen caters for more than 250 prisoners. Cooking and serving utensils will be made of stainless steel. Management of kitchen or cooking of food on caste or religious basis will be tot ally banned in pr isons. Prison kitchens will be modernized by intr oducing LPG and hot plates. Kneading machines, chapa tti making machines, mixers a nd grinders, will also be introduced. There will be a provision for covered dinning space in prisons so tha t prisoners may take their meals under a roof and on a platform. There will be two shifts of workers in the kitchen. The minimum space requirement in the kitchen will be 150 sq. mtrs per 100 prisoners. It will facilitate sufficient space for storage of provision a rticles, vegetables, dressing and cu tting food, cont ainers and cooking ut ensils etc. The walls of the kitchen will be provided tiles up to a height of 2 metres for easy cleaning. 2.13. Hospital In every pr ison there will be separate hospitals with the necessary number of beds for indoor treatment with sepa rate ward for men and women. All central and distr ict prisons will provide hospital accommodation for 5% of the authorized inmate population. The location of the hospital will be as far away from the barr acks as possible. Every hospital war d will be so construct ed as t o allow sufficient light and a ir. The floors and wa lls will be ma de of impermeable material. Latrines and ba ths will be provided close to the wards so that the sick pr isoners do not have to walk far to use them. There will be a rrangements for continuous supply of potable water in the hospit als. The prison hospital will be situated near the main gate of the prison, the accommodation provided will include: a)Ward for patients. b)Toilet and bathing facilities at the rate of one for every five patients. c)Stor e room for hospital furniture and equipment. d)Dressing cum-injection r oom. e)Room for minor surgery. f)Room for laboratory. g)Room for the Medical Officer. h)Isolation rooms for accommodating patients with infectious and contagious diseases (such as T.B., Leprosy and H.I.V. +/AIDS). i)Isolation r ooms for accommodating mentally ill patients. 2.14. Worksheds Areas where prisoners work will have a minimum space of 500 cubic feet per prisoner in structures that will be constructed as workshops or fa ctory buildings; for efficient ventilation the window area will not be less than 20% of the floor area subject to such variations a s are found necessary in relation to pa rticula r industries or locations to be organized. 12.15 Recreational Facilities Proper recreational facilities like, grounds for outdoor games, auditorium for cultural activities, libr ary, indoor games, yoga, etc - 19 -Ex-595/2017 Chapter III HEADQUARTERS ORGANISATION 3.01 The effectiveness of prison administr ation depends largely on the quality of literacy and supervision at various institutions and the implementa tion of progr ammes t herein, which in turn, depends on the manpower deployed at various levels of hierarchy. It is therefore imperative that the organizational structure be carefully pla nned and consta ntly reviewed to identify and review deficiencies in service delivery. With this objective, the structure and organisational hierarchy of the Prisons Department has been set forth in this chapter. 3.02 Pris ons and Cor rectional Services will be u nder t he cont rol of the H ome Dep artment , being the depa rtment responsible for the services in this field. There will be a separate division within the Home Department for dealing with all matters connected with Prisons. 3.03 State Government will appoint the Inspector Gener al of P risons and Corr ectiona l Services who will exer cise general control and superintendence over all prisons situa ted in the Sta te. The Inspector General will ensur e the implementation of the provisions of the Prisons Act through other officers as appointed by the government for assisting him at the headquarters, regional organisation, at the prisons and at other institutions under his control. T he Director General/ Inspector General will have such administrative authority as is laid down in this Manual and as may be determined by the government fr om time to time. 3.04The Sta te Government s ha ll strive to setup both t he Ex ecutive Wing and Cor rectional Wing at the headquarters level and- There shall be two main wings at t he headquarters level: (i) the Executive Wing; and (ii) the Correctional Wing. 3.04.1 The Ex ecutive Wing will be headed by an officer not below the rank of Inspector Genera l or equivalent rank and such officer may be assisted by officer s of different ranks from the prison department. 3.04.2 The Correctional Wing will be headed by a Joint Director (Correctional Services), assisted by Deputy Director/Assistant Directors, Chief Psychologist and Chief Welfare Officer. T he Joint Director (Cor rectional Services) and other officers in the Correction Wing may be appointed from amongst academicians either on deputation/transfer/transfer on deputation from academic institutions of repute. Components of the Headquarter Staff 3.05 The organisational set-up of the Headqua rters of the Department of P risons will be as follows: §The Inspector General of Prisons §Joint Director General and Joint Director of Correctional Services §Deputy Inspectors General of Prisons, Headquarters & Ranges and Deputy Director of Cor r ectiona l S ervices §Depu ty Inspector General of Prisons for women (p referably a woman officer) §Assistant Inspector Gener al of P risons and Assistant Director of Cor rectional Services (Education/ Vocational Trainings etc.) §Assistant Director (Industr ies) (on deputation) §Assistant Director (Medical Services) (on deputation) §Superintending Engineer (Prisons Building) (on deputation) §Chief Welfa re O ffic er §Chief Proba tion Superintendent §Chief Psychologist §Law Officer (on deputation) §Statistical officer for ongoing collection, interpretation and presenta tion of factual informa tion and data with computer back-up (on deputation) §Accounts Officer ( Budget and Audit cell) (on deputation) §Intelligence -cum-vigilance Officer (deputation from police) - 20 - Ex-595/2017 §Administrative Officers §Senior Assistants §Junior Assistant §Stenographers §Typists/ Computer operators §Attendants §Other suppor ting staff. The State Government will fix the or ganisational set-up of Headquarters office in accordance with its area, number of inmates a nd number of institutions. Authority and Powers of the Inspector General of Prisons 3.06 The general functions of the Inspector Genera l shall be: (i) To implement prison policies as laid down by the State Government (ii) To plan, organise, direct, coordinate and contr ol the various prison and cor rectional services (iii) To define the functions and fix lines of authority and channels of command of the prison personnel (iv) To inspect institutions with special reference to care, welfare, tra ining and tr eatment of inmates, staff training, discipline and welfare, etc. 3.07 As t he Head of the Department, the Inspector General will have all necessary financial, administra tive and disciplinary powers. 3.08 The Inspector General will prepar e the budget for the various services under his control. Subject to t he rules and orders of the State Government and t he requirements of the Accountant-G eneral, the expenditure of the Department of Prisons will be contr olled by the Director/Inspector General. 3.09 The Inspector-General may sanction any item of expenditure provided in the budget, but t he sanction of S tate Government will be obta ined to all special and unusual char ges for which distinct provision may not have been made or which are newly entered in the budget. Subject to provisions of this r ule, an a dequate grant will be placed at the disposa l of Inspector General to meet expenditure of a special na tur e. 3.10 The Director Genera l/Inspector General will mana ge the personnel in the depa rtment a nd exercise disciplinary powers, including powers of redeployment of staff, on par with the powers of the Director Gener al of Police. Correctional Wing 3.11 The Joint Director (Correctional Service) will be responsible for probation services, welfar e services, educational services, vocational tra ining/ skill development, prematur e release, recommendation of p arole, leave, r ehabilitation services, etc. in all prisons in the State. All officers in the Correctional Wing will assist the Head of the Prison Administration in all matters connected with prison administration and correctional services. Their powers and duties will be fixed by the State Government from time to time. 3.12 The Joint Director (CS) will not be from the uniformed prison cadre but will enjoy the rank status of the Addl. Addl. Inspector Gener al of P risons in the State headquar ters in all respects. He will be assisted by the Deputy Director, Assistant Director and Administrative Officer at the headquarters and the Range/Regional levels. Their powers and duties will be fixed by the State Governments fr om time to time. Range/Regional Headquarters Organisation 3.13 Each large state will be divided into convenient ranges/regions and all corr ectiona l institutions and programmes for adult prisoners and young offender s in the range will be placed under the charge of a Deputy Inspector General of Prisons. The range/regional Deputy Inspector General of Prison will be vested with sufficient powers of direction, control, inspection, supervision, and guida nce thr ough substantial delegation of financial and administrative and disciplinary powers, including the following power s: - 21 -Ex-595/2017 §To conduct inspections and make visits of all institutions under his cont rol. §To t ransfer convicted prisoners fr om one prison to another, within his jurisdict ion. §Power to accord permission to religious and moral tutors. §Power to permit research scholar s and law and P.G students to visit prisons for a cademic and r esearch purposes at the recommendation of the Head of the Depa rtment of the Academic Institute. §The DIG may exercise all financia l powers confer red on him by the relevant pr ovisions of Fina ncial Code. 3.14 The Range/Regional Deputy Inspector Genera l of Pr isons will be assisted by the following staff and officers: §Superintendents of Prisons - Head of Unit Institutional setup. §Assistant Director of Cor rectional Services §Regional Pr obation and Aftercar e Officer. §Assistant Engineer (Building) §Ministerial, Accounting and other staff. Training of staff 3.15 Training Institutes should impar t training to the Prison Officers to acquir e necessary knowledge and techniques. The senior and middle level officers shall be imparted basic/ in service a nd refresher training in the regional institutes esta blished at fou r regions of the country. 3.16 Every State shall establish a State Academy of Correctional Administration. Chapter IV INSTITUTIONAL PERSONNEL 4.01 Each institution will have personnel in accorda nce with the requirements of securit y, discipline and programme emphasis. The personnel str ength will be determined according to the duty posts, ta king hours of duty per day as the basis for each category of staff. The institutional set-up will be fixed in accordance with the size of the institution, the inmate population, workload and distribution of functions. 4.02 The st rength of custodial/gua rding staff will be determined keeping in view the requirements of security, discipline, programme emphasis, duty posts, workload and distribution of functions. In principle there has t o be one guarding staff for every six prisoners. 4.03 Institutional personnel will comprise of: I)Executive a)Superintendentsb)Additional Superintendent c)Jailersd)Assistant Jailers II) Guar ding staff a) Chief Head War der sb) Head War der s c) Warders III) Medical personnel a) Medical Officersb) Psychiatrist c) Nursing staffd) Pharma cist IV) Welfare Units a)Assistant Dir ector, Cor r ectiona l Services b) Welfare Officer c)Law Officerd) Counsellor e)Proba tion Officerf) Psychologist V ) Educational Personnel a ) Teachersb) Physical Training Instructor VI ) Technical Personnel a) Instructorsb) Foremen - 22 - Ex-595/2017 c) Electriciansd) Plumbers e) Masonf) Drivers g) M otor Mechanic VII) Agricultural a) Supervisorsb) Agricultural Assistants Note: Due to financial constraints if these technical posts are not created or when created are not filled up, suitable guarding personnel should be trained for these purposes and their services should be availed of by giving them special allowances. VIII) Ministerial a) Administr ative Officerb) Office Su perintendent c) Accountantd) S tor e Keepers e) Ca shierf) Office Assistants g) S tenographersh) Typist/Computer Opera tors i) Miscellaneous Staff Duties and Functions of Institutional Personnel: 4.04 The statutor y duties and responsibilities of institutional personnel will be as per the provisions of the laws and rules governing prisons. The number of personnel will be determined on the basis of requirements of security, discipline and progra mme emphasis. The institutional setu p will be fixed in accordance with the size of the institution, the inmate population, category of inmates, workload and distribution of functions. 4.05 Custody, security, discipline and pr eventive and control action during an emergency, are the fundamental duties a nd resp onsibilities of every staff member. 4.06 The duties, responsibilit ies and functions will be assigned in writing to every staff member on his initial appointment. Care will be taken to ensure that the rules, regulations, and instructions to be followed by institutiona l personnel are interpreted from time to t ime. 4.07 A well-pla nned a nd properly regulated time-table of work hours should be prepar ed for each category of institutional personnel, and no staff member should be required to work for more than eight hours a day. It should also be ens ured that ever y incumbent gets 24 hour s off-duty once a week. 4.08 The general duties, functions and responsibilit ies of the institutional personnel a re deta iled below: I)Executive To a scerta in tha t the human r ights that the prisoners are entitled to, ar e not impinged upon and rest ricted beyond the limit inher ent in the process of incarceration itself and to ensure that pr ison programmes are geared towards the overall objective of imprisonment in terms of reform and rehabilitation of prisoners. a ) Superintendent The Superint endent will, subject to any order of the Sta te Government/ Director Genera l/ Inspector General of P risons and the Regional DIG (Prisons), be in charge of the executive ma nagement of the prison in a ll matters relating to economy, discipline, la bour, expenditu re, punishment and cont rol in general, among other t hings. T he Superintendent thus is responsible for developing an atmosphere that is conducive and correctional in nature and providing leadership in ever y aspect of prison management. He shall ta ke care of the duties, suggestions, planning, orga nising, directing, guiding, coordinating, supervising and controlling all prison activities. The Superintendent will be the head of the prison and will be assisted by officers subordinate to him, including Additional Superintendents, Jailers, Assistant Jailers, Chief Head Warders, Head Warders, Warders and other technical and supportive sta ff. The Superintendent may supervise a Central Prison, District prisons, Sub-prisons, Open Air Prisons and other institutions within his territorial jurisdiction/ district. Duties of Superintendent: - 23 -Ex-595/2017 (i) General supervision over security and cu stody ar rangements; (ii) Custody of s ecret a nd confidential documents; (iii) Supervision over ca re and welfare of inma tes; (iv) Supervision over office administration; (v) Control over financial matters; (vi) Implementing State policy pertaining to correctional administration; (vii) Planning, organising, directing, guiding, coordinating, supervising and controlling all institutional progr ammes and operations; (viii) Inmate discipline and mor ale; (ix) Classification of prisoners, training and treatment progr ammes a nd correctional activities; (x) Inspection and supervision of wor k, employment and production programmes; (xi) Inspection of the pr ison activities, prison hospit al, kitchen, ca nteen, etc.; (xii) Personnel ma tters, staff welfare and staff discip line, a llocation of duties to personnel under his cont rol, safety of the prison personnel, protection of human dignity, r ights a nd providing decent wor k conditions, a cquainting institutiona l p ersonnel wit h cur r ent policies of corr ectiona l administration and the role they have to play in a welfa re state; orga nizing personnel tr aining programmes a t the institutional level; (xiii) Reports to the Ins pector General and liaison with other government agencies for the purpose; (xiv) Developing an institutiona l atmosphere conducive to t he cor r ectional r ole and p roviding leadership in every aspect of institutional management; (xv) Daily inspection r ound and weekly night inspection round; (xvi) Control of stock and stores, maintenance. b ) Additional Superintendent In the absence of Superintendent of prisons, the Additional Superintendent will perform all the functions atta ched to the post of a Superintendent. (i)Admission and relea se of pr isoners after verifica tion and checking of committal warra nts; (ii) Disbursement of batta, subsistence allowance bus and railway fares, etc., to release prisoners and attesting of entries in the cash book, perma nent a dvance register a nd prisoner ’s ca sh property register; (iii) Minor correspondence relating to prisoners; (iv) Checking of Appeal Registers; (v) Attending to release on bail, appeals, fine payment, etc.; (vi) Attending to correction of sentences; (vii) Production of prisoners in cou rts; (viii) Checking the issue of raw materials to various workshops according to data; (ix) Checking of stock book of raw materials and stock book of manufactured articles; (x) Attending weekly inspection para de of prisoners along with t he Superintendent; (xi) Checking the Ration Stock Book; (xii) Weightment of ration articles on purchase, subject to s upervision by the Superintendent; (xiii) Any other work assigned by the Superint endent from time to t ime; (xiv) Visit to the prison once in the forenoon and once in t he afternoon every working day and on Sundays and Holidays when special circumstances render it desirable that he shall do so; (xv) Visit to the prison at night once in a week to satisfy him that the guarding is being pr operly done and that everything is in order, and submit a compliance report to the Superintendent; (xvi) Attend to unlocking and lockup once in a week, and check all the aspects normally checked by the Jailer on the other days. It shall be so arranged in consultation with the Deputy Superintendent under the specific orders of the Superintendent; (xvii) Check that all rules, instructions etc. are being followed a t locking time, that sufficient gu ards are posted for the security, and that there is adequate lighting. - 24 - Ex-595/2017 (xviii) Supervise once in a fortnight the lock up of high security prisoners like condemned prisoner, naxalite, terrorist prisoners etc.; (xix) Segregate pr isoners having escape or discipline r isks and prisoners of known ba d character, and r eport to the Superintendent; (xx) See that the walls, buildings, gates, dormitories, cells, hospitals area and other pla ces of the prison are properly secured and ensure a system of good lighting in and around the prison; (xxi) Ensure to place the sentr y in blocks in which notorious prisoners ar e confined; (xxii) Br ing it to the notice of the Superint endent, wherever the guar ding arr angements are not satisfactor y through his r eport book; (xxiii) Visit to the prison hospital two days in a week other than those on which the Superintendent makes such visits. Such a n arrangement shall be made in consultation with the Superintendent as pa rt of duty allot ment; (xxiv) Bring it to the notice of the Superintendent a ny defa lcation on the part of the P rison Staff, if it be shown that such defalcation were rendered possible by negligence on the part of the staff; (xxv) At least twice in a week he should check the rations issued to the kitchen a nd satisfy him that corr ect quantity is issued; (xxvi) Go a round the prison at least twice in a week, at odd hours and check that the sentries are posted correctly and aler t. He will also check that the other checking/supervisory officers have made proper r ounds of check of these sentr ies; (xxvii) Keep a report book in which he shall (a ) Record the duties performed by him on every day and submit the same to the Superintendent (b) Bring it to the notice of the Superintendent that his assessment in general on the discipline among the staff and prisoners (c ) Record any inadequacy on the security arra ngements and suggest guidelines to set right things, wherever necessary and (d) Bring it to the notice of the Superintendent a ny other matter of importance Supervise general supervision of the Remission Branch in the Prison Office and frequent and periodical check over all the registers and other records of the Remission Section. (xxviii) Supervise the work of his subordinate officers’ viz., the Depu ty Superintendent & the Assistant Jailer in respect of the 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; (xxix) Since the Pr isons Act 1894 defines the wor d “Jailor”, the word “Deputy Superintendent” may be r eplaced for “Jailor” in Prison Act and all Prison Rules a nd his duties may be as follows: c ) Jailer/ Jailor The Deputy Superintendent is the chief executive office of the Prison and is subordinate to the Superintendent. The Deputy Superintendent shall also be subordinate to the Additional Superintendent and assist him wher ever necessary. He sha ll be generally responsible for observance of a ll prescribed rules and orders. Duties include: (i) Supervision over security, custody and discipline, supervision over care and welfare of prisoners; (ii) Supervision over personnel matters, staff discipline and staff welfare assisting the Superintendent in all matters pertaining to institutional management; (iii) Inspecting kitchen and ca nteen visit to hospital; (iv) Admission and release work p rison ma nufactur ers; (v) Classification of pr isoners and their training; (vi) Jailer shall see that prisoners are clean in their persons and clothes and that they have the authorized amount of clothing and bedding and no more; (vii) Shall, at uncertain times but at least once a week, cause every prisoner and all clothing, bedding workshops, wards and cells to be t horoughly searched; - 25 -Ex-595/2017 (viii) Shall be responsible for the execution of all orders regarding the labour of prisoners. He shall assign to each prisoner his work on the recommendation of the classifying Committee cons tituted in each Central Prison for the purpose. T he said Board shall consist of the Superintendent of the concerned prison, Medica l Officer and the Jailer. He shall ensure that the assigned works are performed by the prisoner. (ix) He shall supervise the cult ivation of the garden and be r esponsible for the adequacy of the supply of vegetables. He shall supervise the prison farm and all other outside operation. (x) He shall jointly with the Medical subordinate be responsible for the proper preparation and distribution of food to prisoners. (xi) He shall s upervise the working of the guards. At least once a week, at uncerta in time, he shall visit the pr ison after 10. 00 P.M. and sa tisfy himself that the standing gua rd is present, the sentries posted ar e on the alert, and that the rounds are pr operly maintained. (xii) He shall be resp onsible for custody of all warra nts and for the st rict enforcement of their terms and tha t no pr isoner on any a ccount be released before his due time or kept in prison beyond the termination of his sentence. d) Assistant Jailer (i) To assist the Deputy Superintendent in studying the psychological and mental make-up of p risoners and ta king steps to r eform them; (ii) To be in charge of the ra tion stores as genera lly sta ted; (iii) To be directly responsible for the stor ing and custody of ration and other articles purchased and their issue from the stores; (iv) To place indents and get supplies of all a rticles of diet and ar ticles required for the prisoners; (v) To attend to the day-t o-day maintenance of stock registers and other connected records and to the proper ma intenance of stock; (vi) To a ttend to the maintenance of accounts for extra articles purchase by civil debt ors; (vii) To check the correctness of the kitchen slips, hospital indents and other indents placed on him for issue of ration and miscellaneous articles; (viii) To maintain separa te accounts and to be responsible for the safe custody of empty gunnies and other receptacles received and disposed of; (ix) To weigh and issue ration a nd other articles for consumption; (x) To supervise the clea ning of grains, vegetables a nd other dietary articles a nd their grinding, if a ny; (xi) To ensure that all ration articles taken to the kitchen are actually ut ilized for the purpose they are meant; (xii) To be custodian of all civil store articles entrusted to the ration stores; (xiii) To assist the Jailer and to be present with him a t the time of s upply of food to condemned prisoners; (xiv) To assist the Jailer in s earching t he condemned pr isoners and examining the cells where condemned prisoners are locked-up; (xv) To conduct interviews with condemned prisoners; (xvi) To a ssist the Jailer in su pervising the work of a ll guar ding sta ff warders in the gardens; (xvii) To a ssist the Jailer is supervision over searches, counting opening, and closing of prisons; (xviii) To assist the Jailer in all matters pertaining to institutional management; (xix) To attend to any other duty that ma y be assigned to him by the Superintendent; (xx) Admission and search of prisoners on their admission; (xxi) Custody of prisoner ’s property except cash; (xxii) The removal of private clothing from prisoners on their admission, the issue of prison clothing and bedding, the correct making of metal identification discs ; and the placing of prisoners in quar antine soon aft er their admission; - 26 - Ex-595/2017 (xxiii) The custody of prisoner ’s private clothing and prison clothing stor es; and the is s u e of f r e s h clothing to t he prisoners; (xxiv) The maintenance of the clot hing and registers in the prescribed form; (xxv) Conducting prisoners’ interview, if conversant with the language spoken at the interview; (xxvi) The supervision over the proper maintenance of dairy and pou ltry units in prisons except the maintenance of accounts which shall be attended to by the live-stock assistant. T he Assistant Jailer shall, however, maintain t he stock and the stock register for paddy s traw, cholam stalk, grass, etc; (xxvii) The charge of the quarantine and of the civil and leper annexes where such annexes exist; (xxviii) The censoring of letters a ddressed to and sent by the prisoners and the disposal of s uch letters under the or der of the Superintendent. I I ) Guarding personnel The guarding personnel will consist of C hief War der, Head Warder and Warders. There shall be at least one guarding staff for ever y six prisoners and this ratio shall be followed in all three shifts. [Note: The staff who are engaged in the industries and other welfare activities shall be excluded while calculating the ratio.] Specific duties of each member of the guarding staff on various sections/ points will be assigned by the Superintendent on a rota tion ba sis in keeping with his/her status within the cadre in the following ar eas: (i) Security, custody, discipline (ii) Sear ches a nd counting of prisoners (iii) Opening and locking-up of the pr ison (iv) Reporting defects and short comings in prison buildings, walls, locks, lighting ar rangements, bars taking immediate act ion for rectifying these and taking care of the custody of locks and keys, handcuffs and other securit y equip ment (v) Care and welfare of prisoners (vi) Maintenance of discipline in institutional premises, gates, quarantine, barracks, dormitories, cells, worksheds, punishment yards, segregation yards, hospital, kitchen, farm and in every other section of the institution (vii) Sanitation and hygiene in areas under his charge (viii) Gu arding and sentry duties (ix) Escorting prisoners for work, supervision of their wor k, care and cu stody of tools, property, equipment, dead stock and livestock (x) Supervision of distribution of food, canteen articles a nd inmate equipment (xi) Helping the technical personnel in worksheds, management and discipline, helping agricultural pers onnel in all related mat ters (xii) Discipline in areas where educational, cultural and recr eational activities ar e conducted (xiii) Reporting violations of discipline to appropriate officers for taking immediate action as per rules (xiv) Observing habits a nd behaviour patterns of inmates and repor ting the same to the authorities concerned, helping inmates improve their habits a nd attitudes (xv) Taking preventive a nd control measures for all emergency situations (xvi) Discipline in sta ff quar ters (xvii) P.T., drill parades and emergency practice III) Medical Personnel The medical personnel will be dir ectly r esponsible for the medicare a nd health of prisoners. They will also advise the maintenance of minimum standards of hygienic conditions in the prison premises. There shall be at least one Medical Officer for every 300 prisoners. In central prisons, there should be one doctor at all times. The specific duties of each of the medical personnel will be assigned by the prison authorities in the following ar eas: - 27 -Ex-595/2017 a)Preventive Service Examination of all inmates on admission and periodical reexamination, immediate provision of whatever treatment is indicated, immunisation, segregation and treatment of t hose ha ving contagious or infectious conditions,6 inspection and advice regarding diet, clothing, equipment, industrial safety, environmental and institutional sanitation and hygiene, health education for inmates and personnel. b)Curat ive Services Treatment of diseases, dental care, treatment of skin ailments, correction of defects of sight, hear ing, speech and posture, provision of artificial limbs, glass eyes, trusses and other pr osthetic devices, pr escr iption of specia l diets and exer cise and physiotherapy, a nd treatment of substa nce-related and addictive disorders a nd psychologica l disorders. c)General Hospital administr ation, hospita l discipline, classification of prisoners, assessing work and employment potentia l of inmates, suggesting special precautionar y measures where necessary for certain types of offenders, daily visit to prisoners under punishment, prisoners under sentence of death, inspection of kitchen, canteen provisions and supplies, medical treatment of personnel, assisting the Superintendent in matters pertaining to institutional management, liaison with local officers of medica l and health departments. I V ) Welfare Unit The welfare personnel will pr imarily be concerned wit h the wellbeing of pr isoners, undertaking individualised care for those needing institutional adjustment and responsiveness through correctional programmes. There should be one Correctional Officer for every 200 hundred prisoners and one psychologis t/ counselor for every 500 prisoners. The specific du ties and welfare functiona ries will relate to the following areas: a)Assistant Director, Correctional Service He will be the officer in charge of this unit and all officers in this unit will be subordinate to him. He will dir ectly report to Superintendent of Prisons and Joint Director (Cor rectiona l Services) in t he prisons headquarters. b)Welfare Officer Prison welfare officer should be appointed in ea ch central and district prison to look after the welfare and reintegration progra ms of prisoners. It is advisa ble to have at least one welfare officer for every 500 prisoners in a central pr ison and at least one for each distr ict prison. (i)Coor dinating the work of the welfare unit (ii) Helping inmates in overcoming problems of institutional adjustment (iii) Assisting inmates in dealing with problems faced by their families and dependents (iv) Connecting correctional needs of prisoners with the resources available within and outside the prison (v) Participating in the orientation, classification and r eclassification progr amme (vi) Facilitating under standing between the inmate and administra tion (vii) Assisting prison authorities in maintaining prison security discipline (viii) Participating in the pre-release programme and helping the inmate establish contacts useful to him aft er release (ix) Identifying the resources for rehabilita tion of prisoners. 6 T.N. Mathur v. State of U.P. (1993) Supp 1 SCC 722: It is the responsibility of the medical officer and the Superintendent to ensure that prisoners suffering from contagious diseases like tuberculosis are separated from the healthy population and treated appropr iately so that the infection does not spread to other healthy prisoners. - 28 - Ex-595/2017 c)Law Officer (i) Advising prison authorities on the protection of human rights of prisoners within the limitations of imprisonment (ii) Interpreting legal and procedural rights of prisoners (iii) Assisting prison authorities in dealing with all prison matters pending in courts (iv) Arra nging fr ee legal aid for indigent prisoners (v) Preparing p etition and appeals for deserving cases (vi) Assisting pr ison authorities in holding special courts, lok ada lat and video-conferencing (vii) To advise prison administration in a ll matters ha ving legal bearing including agreements, contacts, affidavits and court documents keeping prison authorities abreast with judicial pronouncements and directives on all prison matters. (d)Counsellor (i) Dealing with emotional and psychological problems of inmates (ii) Providing counseling to prisoners facing problems of adjustment within the prison and in relation to their families outside (iii) Helping inmates develop t heir self-image, self-confidence, and motivation for cor rectiona l tr eatment (iv) Helping the staff in understanding the pr oblems faced by the inmates (v) Aiding the psychia trist in related matters. (e)Probation Officer He will look after all matters relating to pre-mature release including probation service under the supervision of Assistant Director, Cor rectional Services. V ) Educational Personnel Education in prisons has to be pursued as an important means of reformative treatment. It not only implies providing literacy but also inculca ting values among prisoners as are considered conducive to their social mainstream. Therefore, education personnel have to offer a comprehensive programme of education to prisoners in which various educational functionar ies will perform their specific duties in t he following ar eas: (i) Conducting diversified educational programmes for health, academics, social and moral education (ii) Linking prison education with ma instream educa tion (iii) Screening of newly admitted inmates for the determination of their educational aptit ude, abilities and interests (iv) Participation in Cla ssification Committee’s work (v) Conducting literacy, socio-cultural and spirit ual development progr amme (vi) Arra nging tests a nd exa minations; periodically assessing educational progress of inmates, changing educationa l progra mmes when necessary (vii) Maintenance of a library with sufficient reading material (viii) Audio-visual facilities VI ) Technical Personnel The technica l personnel are responsible for the development of vocational training and diversified programmes of productive work as an important component of the reformative process. While technically qualified and trained staff has to provide knowledge and skills for economic rehabilitation, the other technical staff will have to ensure pr oper maintenance of the prison infrastructur e. Requisite staff may also be engaged for working and maintenance of prison management software, docu mentation, digitization of records and other related work. The specific duties a re indicated below: a ) Instructors (i) Giving vocational a ptitude test to inmates, interviewing and collecting data about inma tes, vocational history, skills abilities and interests - 29 -Ex-595/2017 (ii) Suggesting work and vocational training pr ogrammes for inmates (iii) Preparing plans for vocational training projects (iv) Impa rting a pprenticeship, on-the-job and vocational t raining to inmates (v) Utilizing resources of service and maint enance unit for training purposes (vi) Arra nging ar ts and handicra fts projects (vii) Arra nging vocationa l examinations for inmates (viii) Training of newly admitted prisoners (ix) Maintaining progress repor ts about the tr aining of prisoners (x) Suggesting improvements in work method s (xi) Keeping the equipment and machines in the workshop in good working condition, custody and maintenance of shops and factories (xii) Ensuring safety measures in workshops and factory a reas (xiii) Maintenance of discipline in the a rea under their charge, attending to emergency situations (xiv) Distribution of work to inmates (xv) Maintaining muster rolls of inmates working in various sections (xvi) Supplying inmates with production tools a nd materials (xvii) Supervision over quality and quantity of production (xviii) Maintaining work sheets (xix) Measuring ta sks and apportioning wages (xx) Indenting r aw material from the Store Keeper, storing r aw material in their charge, maintaining an account of raw material and manufactured articles in their charge, dispatch of manufactured articles to the St ore Keeper, monthly checking of stores under their charge and reporting the same to the a uthorities concerned (xxi) Preparing work plans for worksheds under their control and forwarding them to the officer in cha r ge b) Maintenance Staff (i) Maintenance and repairs of prison buildings (ii) Maintenance and service of machines, tools and equipment and transport (iii) Maintenance and service of electric lines, plumbing facilities, water supply plant and power plant (iv) Periodical testing of emergency equipment like fire fighting equipment and accident prevention measures, VI I ) Agricultural Keeping in view, the rural background of most of the prisoners, training and development of agriculture in prisons, the agricultural personnel have to be resp onsible for the upgra dation of their skills in this field. The specific duties to be performed by them are indicated as under: (i) Dealing with all matters pertaining to agriculture, and horticulture (ii) Distribution of agr icultur al work to prisoners, maintenance of muster rolls, assessing the work done and apportioning of wages (iii) Planning of training projects, imparting training to inmates in impr oved methods and pract ices of a griculture and horticulture (iv) Maintaining progress reports about the training of inmates (v) Indenting of material from the Store Keeper; storing of material, maintaining an account of the equipment, material and produce, monthly stock ta king (vi) Preparing plans for agricult ure and related work (vii) Security and maintenance of tools and equipments , livestock (viii) Maintenance of discipline in area in their charge, daily inspection rounds, weekly night inspection of forms and attending to all emergency situations. - 30 - Ex-595/2017 VIII)Ministerial Staff Ministerial staff will be so organised as not to leave any scope for sha ring their duties with prisoners. The members of ministerial sta ff will be assigned by the Superintendent as per the position he/ she holds and the r equirements. a ) Accountants/ Cashier Preparation of budget, maintenance of accounts of all branches and stores, accounts and cash, daily checking of a ll stor es and accounts registers, financial returns, periodicals and statistics, monthly stock taking of all stores. b ) Store Keeper In charge of all stores that is, grain, provision, supplies, raw material, accessories, manufactured articles, inmate equipment, personnel equipment, dead stock and miscellaneous stores. Chapter V CUSTODIAL MANAGEMENT 5.01 Secure custody of inmates is the primary responsibility of the prison. The overall objective of reform and rehabilitation has to be pursued wit hin the framework of custody. Further, prison custody implies certain rest rictions on the basic rights of prisoners as human beings under the process of incarcera tion that prisoners are r equired to undergo. Security and Custody 5.02 Following norms in respect of security and custody in pr isons a re given as under:- (i) Security measures will be adopted in accordance with the specific requirements of each prison. (ii) Dema rcation of an ‘out-of bound’ area as a sterile zone around every prison premises - central prison 150 mtrs., district jails 100 mtrs, special sub-prisons and sub-prisons 50 mtrs. (iii) Secure walls, building gates, barr acks, cells, hospital areas and other places, daily inspection of t he same and proper maintenance of prison buildings a nd premises (iv) A system of good lighting inside and around the pr ison (v) A system of thorough searches of a ll incoming and outgoing prisoners and articles vehicles. Daily searches and periodical surprise searches of all pr ison sections a nd equipment (vi) A central-point monitoring for the cont rol of the movement of prisoners (vii) A thorough system of the control of prohibited articles (viii) A thorough s ystem of counting prisoners (ix) A system of custody and control and inspection of locks, keys, handcuffs and ot her security equipment, maintenance and service of all security equipment (x) A system of custody, cont rol, inspection and counting of tools equipment (xi) A system of accident p revention and of meeting requirements during emergencies such as escapes, riots, assaults and fires (xii) A system of fire ar ms contr ol, qua rter gua rd, magazine and weaponry practice (xiii) Adequate gua rding a nd security mea sures by adopting proper norms for staff and equipment, and periodical test ing and inspection thereof, by executive personnel (xiv) Effective system of censoring pr isoners’ mail a nd checking of interviews (xv) Utilization of local intelligence branches wherever necessary and maintaining an intelligence system to collect infor mation within the pr ison (xvi) Installation of close cir cuit television system and other electronic gadgets to effectively monitor and maintain a close watch for a ny breach of security inside the prisons. (xvii) Watch towers, wherever necessary, to watch inside and outside of the prison, to be constructed and searchlights and binoculars ma de available (xviii) Installing power fencing on the walls of prisons wherever necessary to prevent escapes, ensuring safety of the prisoners’ lives. - 31 -Ex-595/2017 (xix) A system of thorough search for unearthing explosives and narcotic substances among prisoners (xx) Effective wireless communication s ystem a nd intercoms to be est ablished within the pr ison and also fr om one prison to another (xxi) Constructing a second security wall in every prison, ma king the prison building as inaccess ible an area to the general public as possible, and also to avoid trespassing also (xxii) A good road inside and outside the main walls for better patrolling (xxiii) A modern interview room with sound absorption to ensure smooth conversation and human dignity, without overlooking the security (xxiv) Effective segregation of prisoners on the basis of security requirements (xxv) Installation of high pitch s irens to alert prison staff, p ublic and nearby police stations about any untoward happening (xxvi) Untr ained personnel not be posted inside the pr ison, prison premises, under any circumsta nces for guarding purposes (xxvii) Electronic gadgetry may be used for guarding purposes. Guarding Establishment 5.03 There will be a gua rding establishment in every prison, responsible for the gua rding of prisoners, prison premises, gate and carrying out any other duties which may be assigned to them. T he guar ding esta blishment includes the warder performing their duties in rotation. DUTIES OF WARDER 5.03.1 Duties of Chief Hea d Wa rder (1)The Chief H ead Warder, or in prison where there is no C hief Head Warder, the Head Wa rder senior in ra nk is, subject to the general control of the Jailer, is r esponsible for its wor king and for the due carr ying out of all rules relating to it and to the guar ding of the prison. (2)He shall assist the Jailer at unlocking and lock-up of the prison. He shall visit the guards and sentries fr equently by day and a t least twice a week at night, and shall make an entry of the hours of these visits, and of any irregularities he may discover, in his report book, which he shall maintain in a form similar to that of the Jailer a nd shall submit it daily to the Superintendent. He shall keep the attendance duty and other rosters and the registers of the guard establishment. 5.03.2 Duties of HeadWar der The Head Warder shall be held responsible for the followings – (1) He shall dr ill the guard staff before ingress a nd egress at the pr ison Gates and ensure tha t no unauthorized article is ta ken into or out of the prison by the guard staff. (2) He shall also drill the guard sta ff at r oll-call or at any other occa sion whenever they have to huddle up, and sha ll give report of the situation to the next higher author ity. (3) He shall ensure that each guard in his duty shift is properly dressed, well equipped, properly performing duties within the area assigned. He shall command the guard staff on duty in his shift and shall explain the direction specially given by higher authorities, if any, to the guard concerned. (4) He shall be the time-keeper for the prison routine during his duty hours. (5) He sha ll ensu re that prisoners are correctly cou nted whenever such counting is done. (6) He shall give timely report, to the concerned a uthorit y, of a ny breach of prison r ules on the pa rt of prisoners or a ny irr egula rities he may detect on the par t of guar d staff such as unauthorized absence or unauthorized leaving of duty area, late-coming for duty, impr oper dress or equipment, improper handing and taking of cha rge, being intoxicated of illicit dr inks or drugs, snoozing or lying down while on duty, unauthorized playing or dealing with the prisoner, negligence or car eless a ct, and any other condu ct which may be detrimental to the safety of t he prison. (7) He sha ll also hear the grievances or suggestion fr om the guard staff or from the pr isoner s if any. He shall exert efforts to solve the problem at the spot and shall give report of the sensitive ma tter to the higher authority without undue delay. - 32 - Ex-595/2017 5.03.3. Duties of Warders Every gua rd sha ll have a particular duty assigned to him by the Superintendent,Ja iler or Head Warder, senior in rank, such as the charge of a particular ward or set of wards, of a particular workshop or set of workshops, or of a particular gang of prisoners inside or outside the prison. It is the duty of a ll guar ds. (1) to see that all convicts sentenced to labour in their charge ar e steadily at work, and to report to higher authority all cases of idleness, short work, or breaches of prison rules. (2) to prevent a ll unnecessary talking, laughing, singing, playing, quar relling and other unseemly behaviour a nd to report the offender. (3) to see that the pr isoners keep order in moving about, and do not loiter about the prison. (4) to see tha t no prisoner leaves his own enclosur e or communica tes in any way with any prisoner in a different enclosure, or with any person outside the prison. (5) to a bstain from all familia rities and unnecessary communication with prisoners. (6) to see that there is no dirt or litter in any part of the prison of which they are in charge, and that the dr ains a re kept properly clean. (7) to see to the cleanliness of the persons and clothes of the prisoners intheir cha rge, tha t the prisoners bathe as often and at such hours as may be ordered, and that the bedding and clothing a re well aired according to or der. (8) to bring at once to the notice of the Ja iler any signs of sickness or any prisoner complaining of sickness. (9) to prevent any breaking up of the gang of prisoners entrusted to their special cha rge, except only when necessary; to ma ke over to a convict leader a ny prisoner desiring to go to the latr ine, and to see that he is not too long away from his work and is not permitted to go to any place hidden from view whence he may effect his escape, to report any prisoner urina ting in or otherwise befouling any drain or any part of the prison not set apar t for the purpose. (10) to r eport a ny case of wilful injury to clothing or ma terials for work or to other Government property. Under no circumstances, the prisoner should tou ch the Prison keys. (11) to prepare the prisoners for morning and evening muster by the Deputy Superintendent, to report at once to that officer any prisoners who may be absent, to see tha t each prisoner comes to his proper place in pr oper order, and behaves well and keeps silent during meals. (12) to examine the war ds, Cells, bedding and clothing directly the prisoners ha ve turned out, and to report at once any prohibited articles found. (13) to see that the cooks supply each prisoner with a proper amount of food, a nd that no food is secr eted by the prisoner, to repor t the cooks whenever they neglect their work. (14) to discern and report the sign of plot against any other person which may lead to violence, showing sign of disrespect to any prison officia l or visitor, conspiring to escape or conspiring to commit a ny prison offence. (15) to detect a nd report dama ge caused to prison pr operty intentionally or unintentionally by the prisoner or abetting the commission of any prison offence. 5. 03. 4. Duty of guar dson relief No guard shall, in any circumsta nces, leave his post till pr operly relieved, and his responsibility shall continue till so relieved. A guard relieved by a nother guard shall explain to his successor his duties a nd a ny special orders that may ha ve been given to him by his superior officers. The relieving guard shall satisfy himself that the property or number of prisoners made over to him is corr ec t. 5.03.5. Duty of guardin cha rge of wor kshed Guar d in charge of worksheds sha ll be responsible for all tools and property kept in them, and shall see that these are carefully put a way or stored on cessa tion of labour, and that no r ope, bamboo, ladders, or other things likely to facilitate escape or any materia l useable as a weapon, are left about or taken by t he prisoner. - 33 -Ex-595/2017 5. 03. 6. Duty to disclose rela tions wit h pr isoner If a ny guar d has relations or connections among the prisoners, or has had any moneta ry dealings or close acquaint ance with any of them, it is his duty to inform the Superintendent or Jailer of the fact. 5.03.7. Duties of Female Warder-In a ddition to the duties of gua rds summarised in the preceding rules, female Warder sha ll be responsible for - (1) Subject to the general control of Superintendent and Deputy S u p er int enden t , t he F ema le Warder on duty sha ll have the entire ca re and superint endence of the female prisoners. (2) She shall be present at the opening and locking up of the wards and mus t er ing of fema le prisoners. During the day she sha ll have the cust ody of the key s of the wa r ds , cells a nd enclosure in which female prisoners a re confined, a nd at night, after locking-up, she shall deliver them t o the Jailer. (3) She shall see that the war ds are thoroughly cleansed as soon as the pr isoners turn out in the morning, at which time also the latrines, bathing places and a ll other parts of the female prison sha ll be s wept and clea ned. (4) Subject to the control of Superintendent and Jailer, she sha ll allot the tasks to the female convicts sentenced to labour, and shall see tha t they a re duly perfor med. (5) She shall see that the female pr isoners are clean in their persons andclothes, tha t they have the prescribed amount of clothing and no more, that their clothing and bedding are properly aired and folded and arranged in the place assigned to each prisoner (6) She shall ta ke care that no male prisoner enters the female prison unless accompanied by an authorized pr ison officer. THE GATEKEEPER 5 . 0 3 . 8 . A Ga tekeep er to b e on duty – A litera te Head Warder or War der shall be constantly on duty as Gatekeeper of every prison by da y and night. 5.03.9. Persons allowed to enter and leave the prison– (1) The Gatekeeper shall admit or pass out of the prison as the ca se may be - (a ) all official and non-official visitors, (b) Officers of the prison going on, or coming off, duty ins ide, (c ) Prisoners duly authorised to enter or leave, (2) With except ion of the persons mentioned in cla use (1) above, no person sha ll be permitted to enter or leave the prison, unless under a written order from or when accompanied by, the Superintendent. 5.03.10. Power to sear ch persons – (1) All officia l and non-official visitors, casual visitors admitted with or under the orders of the Superintendent, respectable persons, pleaders and the superior subordinates of other depa rtments visiting the prison on business or on duty and prison officers above the rank of ordinary guard, shall ordinarily be exempted fr om being searched. (2) Should the Gatekeeper have reason to suspect that a ny person,or dina rily exempted fr om sear ch, is introducing or removing prohibited ar ticles, he sha ll deta in such person between the Gates, and send notice to the Jailer, who shall himself if he thinks necessary conduct a search. (3) Fema les sha ll only be sea rched by a female gua rd in private, and without the presence of any male person. (4) The Jailer shall occasionally, a nd at least once a week, at unexpected times, search some of the officia ls of the prison, subordinate in rank to himself, and who are ordinarily exempted from search, on their way into or out of, or when inside the pr ison, a nd shall report the circumstances that he has done so, with the result, in his r eport book. (5) The search of all officia ls above the r ank of ordinary guard shall be conducted by the Ja iler with as much privacy as possible. - 34 - Ex-595/2017 (6) Should any person other than a pr ison officer or prisoner decline to submit to be searched, or decline to deliver up any transferable ar ticle in his possession to the temporary custody of the gatekeeper, when required to do so, he shall be denied admission. 5.03.11. Gener al duties of ga t ekeeper (1) In a ddition to the duty pr escribed for ga tekeepers, the gatekeeper sha ll maintain such registers and enter therein such particulars as the Inspector Gener al may from time to time prescribe in that behalf. (2) The gatekeeper sha ll comply with all rules, regulations, dir ections and o r de r s f o r t h e t i me being in for ce, regulating the persons who may be permitted ingr ess to a nd egress from, and the articles which may be taken int o, and brought out of, the prison. 5.03.12. Record of persons and things entering and leaving prison (1) The gatekeeper sha ll keep a record, in the prescribed registers, of the name of very person, and a sufficient description of every ar ticle of whatever kind, that passes into or out of the prison, with the Hour and Minute of such passage, and in the case of articles, the name of the person in whose custody they passed through. (2) He shall require the production of a pass signed by competent authority, and in respect of ever y article without exception tha t he allows int o or out of the prison, and shall file all such passes as his authority for action. 5.03.13. Particulars of record (1) The record of all p ersons who passed into or out of the prison, prescribed by the preceding rule, shall be kept in two separate registers namely – (a ) of a ll prisoners, with the names of the officials in cha rge of them, (b) of a ll other persons. (2) The sufficient description of every article means the na me, number or weight, as the case may be, and such other pa rticula rs as may be necessar y, of a ll goods, tools, stor es or other articles pa ssed into or out of the prison. (3) All entries relating to persons or articles sha ll be made at the time of their passa ge thr ough the gate-way and in consecutive or der. 5. 03. 14. Gatekeeper responsible for condition of main gate -The gat ekeep er shall b e r es ponsible- (a ) for the cleanliness a nd tidiness of the passa ge between the gates and the security of all articles pla ced therein, which sha ll, for the time being, be in his cha rge. (b) that the ga tes and wickets of the main gate, except when it is necessary to open them for the purpose of passing any person or thing int o or out of the prison, are kept shut and locked. (c ) for the safety and correctness of the keys entrusted to his cha rge. 5. 03. 15. Working of Outer and Inner Gate system -In p risons pr ovided with t he outer and inner gates with or without wickets, the gate keeper shall open only one gate or wicket at a time and, before doing so, shall satisfy himself that the other means of entry and exit are secure. Ingress and egress for ordinary purposes shall take pla ce through the wicket door-ways. 5. 03. 16. Method of passing prisoners into or out of prison- (1)On passing prisoners out of the prison the gatekeeper shall first let them through the inner gate or wicket and, having locked it, shall write in full in the register provided for the pur pose the names or registration number of all the prisoners, the guards in charge and the leader of prisoners (if any) assisting them. He shall then open the wicket in the outer gate and count the prisoners as they pa ss out, to verify the total. (2)Every change in the constitution of a ga ng passed out of the prison must be noted a nd attested in t he gate register by the signa ture or seal of the officer r esponsible for making the cha nge, as well as by tha t of the gatekeeper, who shall on the first opportunity report the circumstances to t he Jailer. - 35 -Ex-595/2017 (3)On passing prisoners into the prison, the gatekeeper shall open the outer wicket and admit the gang to the passage between the ga tes. He shall then lock the outer wicket and call out the name or number of each prisoner, leader of prisoner or guard, as recorded in the register. The ga ng having been found cor rect, he shall open the inner ga te or wicket, and count the prisoners as they pass int o the pr ison, to verify the total. (4) The gatekeeper shall be responsible t hat every prisoner or gang takenout of the prison is in char ge of a guard of the proper strength duly authorised for this purpose. 5 . 0 3. 1 7 . Delivery of keys at Lock-up - When the prisoners are locked-up for the night, the keys of the prisoners ba rracks and cells shall be locked into the fixed key-almirah at the main gate. The key of fixed key-almira h shall be delivered to the Jailer for his custody till the opening of the prison on the next morning. 5 . 0 3. 1 8 . Keys to be kept in bunch- The keys of the ma in gates and wickets of the prison shall be kept in one or two bunches, as may be convenient, and on a chain or ring, for safet y and easy attachment to the waist-belt. 5 . 0 3 . 1 9 . Articles to be kept between Gates -In t he passa ge between the main gates shall ordina rily be kept - (a) A clock (b) Notice Board (c) Spare handcuffs in a secure place (d) A Ta ble with locka ble dra wers ( e) Lockable Almirah (f) Sitting arrangement (g) Other equipments a s may be approved by the Superintendent Quick Reaction Team 5.04 In a ll Central and District Prisons, there will be a Quick Reaction Team consisting of eight to twenty warders, who have undergone commando tr aining, with use of modern weapons a nd unar med combat. This Quick Reaction Team shall be under the cha rge of the Assistant Jailor/ Assista nt Jailer and will alwa ys be ready in the guar d room to meet any emergency. T he SOP on the Quick Reaction Team should be a vailable in each prison. 5.05 The Quick Reaction Team will be divided into two groups used on alternate days to handle any emergency in the pr ison. T hey will be kept on alert wit h facilities for fast movement. The Quick Reaction Team will be used for its specified duties only. As far as possible, the Quick Reaction Team must be selected from young warders. 5.06 The Quick Reaction Team will alwa ys be commanded by an officer during day and night. T here will be two officers in the rank of Assistant Jailer to look after the operations. 5.07 Personnel in the Quick Reaction Team will carr y the required modern weapons like pistols, carbines, S.L.R., pump action guns and authorised quality of rubber bullets, plastic bullets and live ammunition so t hat these can be used in emergencies. 5.08 The Superintendent will personally satisfy himself tha t the Quick Reaction Team is properly trained, equipped and alert all the time. When the Quick Reaction Team is detailed, each man under it will carr y the authorised ammunition. 5.09 When one set of the guard is relieved, all arms & ammunition will be ha nded over to the relieving guar ds. T he Assista nt Jailer (Quick React ion Team) in command will be responsible for the cor rect handing over of a rms & a mmunit ion. Ar med Sentry 5.10 The watch t owers a t the main gate will be guar ded by a rmed sentries and other portions of the pr ison will be gua rded by warders without arms. The war der est ablishment tha t will supply sentries and guar ds to the internal and externa l posts. All these gua rds and sentries will p erform duties in rotation. - 36 - Ex-595/2017 5.11 Armed sentr ies will perform duties in two hour ly shifts. It is the duty of a sentr y, both in day and night, to challenge all unknown or suspicious persons a pproaching his beat, forbidding them to appr oach nearer unless they can satisfactorily account for themselves or, at night, give the password. No convict will be permitted to approach within 5 mtrs of any sentry. It is the duty of a sentry to resist all attempts to break into or out of t he prison or of a ny pa rt of it and to prevent escapes or illicit communication with prisoners. At night every sentry will report to the Patrolling Officer if anything suspicious or unusual comes to his knowledge. He will give the r equired assurance that all is well each time t he Patr olling Officer passes by. 5.12 The sentry on duty will carry the required arms & ammunition, which will la ter be handed over to the relieving sentry. Relief and Supervision of Sentries 5.13 As a rule, sentries will be relieved at the end of every two hours. During the day the Assistant Ja iler will conduct the relief, and at the same time check and satisfy himself that the sentries are alert and attending to their duties properly. To discharge these functions during the night, two Patrolling Officers will be appoint ed from among the senior second grade warders. Each Patrolling Officer will record the hour of his visits by appropr iate means. Mor ning and E vening Muster of Reserve Gua r 5.14 Before the prison is unlocked in the morning the Quick Reaction Team and warders whos e duties for the day have not been fixed will be mustered under arms outside the ma in gate, and the Assistant Jailer will at once post the day sentries. The guard will be drilled and aft erwards shall r emain under arms till t he entir e team is marched out and dismissed to the guardroom. The Quick Reaction Team will again be under arms from the hour fixed for the cessation of work till the prisoners ar e locked up for the night. Salutes by Armed Guards 5.15 Guar ds and sentries will necessar ily salute to the persons mentioned in column (1) of the table below in the manner mentioned in column (2) thereof:- TABLE PersonManner of salute 12 The Inspector General, the Deputy InspectorBy pr esenting arms General of Prisons, Official and the Superintendent, AdditionalSuperintendent All other gazetted officers, OfficialBy sloping arms and placing the right hand Visitors and Jailer.smartly on the butt, fingers extended Assistant Jailer, Social Workers,By coming t o in attention with or dered arms. Welfare Officer Ministerial staff Explanation: The Guard Officer will always bring it to the notice of the Jailer, any failure on the part of the sentr y to comply wit h this r ule. 5.16 As a rule the guard will not be turned out under arms for saluting purposes after sunset. General Guarding Duties 5.17 The general guarding will be undertaken by the warder establishment. They will car ry on the internal and external guarding of the prison, the supervision of the prisoners during labour hours as well as the work of guar ding and maint aining security of wards, blocks, wor kshops, tools a nd plants and other government properties, posts and tower. - 37 -Ex-595/2017 Guarding Requirements 5.18 The charter of functions of the guarding staff shall be: (i)The sentry or guard will on no account quit his post without being relieved. In case he finds himself incapacitated due t o sudden illness or any other reason to perform his duties, he will send a n intimation to the officer in charge who will make necessary ar rangements. (ii) No sentry or guard while on duty will take off his uniform - this does not apply while taking his meals or while rest ing. (iii) Gu ards and sentr ies will be made to understand their duties and responsibilities. They will not hold any communication with any prisoner, unless it is required as a part of his official duty. (iv) T he officer s and men of t he Guar d are strictly prohibited to bring anything from outside the prison to any prisoner and from receiving anything from a prisoner to be conveyed outside the prison. (v) In case any prisoner attempts to escape, the guard will at once raise an alarm and will also prevent dama ge to government property. (vi) All guarding personnel, being par t of ess ential services, will be deemed to be on duty round the clock and will not to be allowed to leave the premises without permission of the competent author ity. (vii) The Assistant Jailer and Chief Hea d Warder will maintain a daily report book in which they will record all important events and reports of disposals or incorporation to be shown for appropriate action. Maintenance of Duty Roster 5.19 A Duty Roster will be mainta ined in each prison and instit utions for young offenders. The authorised officer will be responsible for the proper maintenance of this register. The register will contain all the names of guards on duty with their hours of duty and their signature for having understood the duty hours. The register will be sent to the Superintendent through proper cha nnel every day for checking and getting his signature. 5.20 It shall be the responsibility of the Assistant S uperint endent and the Deputy Superintendent to ensu re that the war ders stick to their post accor ding to the Duty Roster and any viola tion in this regard will be immediately brought to the notice of the Superintendent. The Superintendent will also verify this during his surprise visits to different pa rts dur ing day and night. Ca re will be taken that the night duty is allotted in rotation. Custody of Arms 5.21 The concerned Assistant Jailer will be responsible to make sure tha t arms are never left within the reach of prisoners. All necessary arms when not in use will be kept in the guar droom. The appr oach to the guard room will be from outside the main gate. Custody of Articles Facilitating Escape 5.22 The Jailer, Assista nt Jailer and guards will be responsible to ensure that no ladders, planks, bamboos and ropes, which are likely to facilitate escape, are left lying about. If such materials are to be taken inside for use these will be properly escorted and will be sent out of the prison after use. E very warder in charge of a workshop will be r esponsible to see tha t all such articles ar e properly secured and put away when work ceases and give a certificate to that effect in t he lockup register. Use of Weapons against Prisoners 5.23 Any officer, or member of the gua rding s taff, of a prison may use bayonet, or any other weapon, against any prisoner when he is found to be: a.esca ping or attempting to escape if the officer or member of the gua rding staff has reasonable ground to believe that he cannot otherwise prevent the escape - 38 - Ex-595/2017 b.engaged in any out break or attempt to force or break open the outer gate or enclos ure wall of the prison individually or collectively, provided tha t he may use the weapon only if such an outbreak or attempt continues. c.using violence against officers of the pr ison or other persons, provided that there is reasonable ground to believe that the officer of the prison or any other person is in danger of loss of life or limb or tha t serious injur y is likely to be caused to such officer/person 5.24 Before using firearms against prisoner, the officer, or the member of the guarding staff, will give a loud and clear war ning to the pr isoner that he is about to fire on him. 5.25 No officer of the prison will use arms of any sort aga inst a prisoner in the presence of his superior officer, except under the orders of such a superior officer, or if it is in self defence. 5.26 In a ll cases requir ing the use of force only minimum for ce, in the given circumsta nce, shall be used. Transport of Arms and ammunition 5.27 All consignments of arms and ammunition sent by a ny means of tra nsport will be put in sealed boxes and escorted by an appropriate armed guard. It will be the duty of the escort to guard the arms and ammunition against any contingency. 5.28 When the ar ms of the Prison Depar tment a re to be dispa tched t o stations outside the State for repairs they will be entrusted to the Police Department. A police par ty will escort these a rms along with the arms of the Police Department, if any. When there are no arms of the Police Department to be escorted and a police party has t o be pr ovided exclusively for escorting the ar ms of the Pr ison Depa rtment, the expenditure incurred in connection with the journey of the escor t will be borne by the Prison Department. Security of Locks and Bars 5.29 All locks and bars and other fastenings must be r egularly checked by the warder in charge and a report to the effect must be given to the Assistant/Jailer. 5.30 All duplica te keys for the locks must be kept in a sealed box under the custody of the concerned Jailer. No keys should be left behind una ccounted for and no pr isoner will have any a ccess to the prison keys. All the block keys when not in us e must b e kept in an a lmirah or key box at the gate or at t he tower in the custody of the ga te keeper or Chief Head Wa rder (Tower), as the case may be. 5.31 Every prison will be equipped with a generator with a n automatic switch so that if power fails, the generator a utomatically s witches on and all security gadgets will function without any interruption. Dynamic Security 5.32 Prisons will be run on the basis of dynamic security. Dynamic security depends on the use of alternative methods for which interaction with prisoners will be a pre-requisite to make them awar e of wha t is going on and to ensure them that they a re being kept in safe and humane environment. It is not only means of pr eventing escape but also maintaining constr uctive relations with prisoners. The staff will also be made to understand that security not merely implies guarding the wall and fence and electr onic surveillance, but a lso act ion engendering a sense of pr otection and mutual tr ust. Admission of Prisoners 5.33 No person will be admitted in a prison as a pr isoner unless accompa nied by a writ , warra nt or order in t he prescribed form, signed, dated and sealed by the competent authority. There will be a sepa rate writ , warra nt or order for every prisoner, even if two or more prisoners have been joint ly charged. 5.34 Before admitting a prisoner, the Assistant/Jailer will examine the warr ant and by questioning the prisoner regarding his na me and other particulars, and by verifying the identification marks of the prisoner with those mentioned in the warr ant, will satisfy himself tha t he is the person referred to in the warrant. In the event of a prisoner r efusing to answer the Assista nt/Jailer, or denying the accuracy - 39 -Ex-595/2017 or the particulars entered in the warrant, the officer on duty will request the officer in charge of the Police or Military escort to identify the prisoner on the basis of information at his disposal as the person named in the warr ant. 5.35 A ma nual/ handbook containing rights and duties of the prisoners as provided in Appendix - 1 shall be handed to the prisoner upon admission. Each State may formulate its own manual/ handbook for this pur pose. Pr ocedure of Wa rra nt 5.36 If, in any case, the Superintendent is in doubt as to the legality of any warr ant or order of commit ment received by him with any prisoner admitted to the prison, or a s to the competency of the person whose official seal and signature are affixed thereto, to pass the sentence and issue such warrant, he shall proceed in the manner provided below. 5.37 If a ny error of omission, which in the op inion of the S uperintendent is due to mere oversight or mistake, is found in any warrant or order or, if the sentence or order passed, though within the competency of the tribunal or authority which passes it, is in any way defective in form or otherwise irregular, he may r eceive the prisoner subject to refer ence to such t ribunal or authority, as the case may be, for or ders. Examination of Warrant 5.38 All warrants shall be examined to a scertain whether these conform to the Code of Criminal Procedure, 1973 and the Orders of the Supreme Court of India. Note 1: A war ra nt or dering impr isonment wit hout specifying whether it is simple or r igor ous impr isonment, or an undated, unsigned or u nsealed warrant shall be retur ned for correction. Note 2: The amount of solitar y confinement ordered on a war rant is dependent on t he term of sentence and should not be more than what is allowed under Section 73 of the Indian Penal Code, 1860. Note 3: The Superintendent of a pr ison is justified in refusing to receive or detain a prisoner in prisons on a warra nt to which a signature is not affixed with a stamp. Note 4: All warrants should be signed in full (not initials) by the judge or magistrate who issues it and should have the seal of the court. Note 5: In t he case of persons, on whom separate sentences are passed, care should be taken to state the dates from which each sentence is to have effect in the war rant of commitment. Note 6: In the ca se of under-tr ial prisoners, the wa rrant of commitment for int ermediate custody should be prepared with t he greatest ca re possible with reference t o the a bove instructions. Note 7: T he S uperintendent of a prison should not r efuse to admit a person where the above instructions have not been carried out, but he should dr aw the immediate attention of the magistrate concerned to the defect, and ask for its rectification at once. He should also send a copy of his letter to the magistr ate of the district for his information. Note 8: Warr ants for the release or remission of sentences of pr isoners confined in pr ison and for the release of prisoners on bail and intimations of payment of fines sent to prison authorities should always be pr epared in the vernacular of the officer issuing the order a nd should be signed in full by such an officer and sealed with the seal of his court. T hey should be sent to the prison authorities through an official messenger of the court or thr ough the agency of the post and not through the friends or relatives of prisoners. Note 9: T here s hould be a sepa ra te wa rr ant or notice for every pr isoner even if two or mor e prisoners have been jointly cha rged or convicted. Copy of War ra nt r eturned for cor r ection to be kept 5.39 When a warrant is returned for correction, a copy shall be retained in the appropriate compartment of the warrant almirah until the original is returned. Blank forms of warrants shall be kept for this purpose. - 40 - Ex-595/2017 Pr ocedur e when the legality of a War rant is in doubt 5.40 When an officer in charge of a pr ison doubts the legalit y of a warra nt or order sent t o him for execution, or the competency of the person whose official seal and signature are affixed thereto to pass the sentence and issue such warrant or order, he shall refer the matter to the government, by whose order on the case he and a ll other public officers sha ll be guided as to the treatment of the prisoner. 5.41 Pending a reference made u nder sub-section (1), the prisoner shall be detained in such manner and such restrictions or mitiga tion as may be specified in the warra nt or or der. Checking of Prisoner ’s Property 5.42 The concerned prison officer/Superintendent will give a receipt in a printed form to the officer who delivers a prisoner at the prison noting therein the property received with the pr isoner, which will be carefully examined and shown to the prisoner at the time of his admission. The prisoner’s acknowledgement that he has seen the property and that it is corr ectly recorded in the r elevant register will, at t he same time, b e noted in the Admission Regis ter. Prisoners to wash themselves and their clothing 5.43 On admission to prison every prisoner will be r equired to wash his person and his clothing thoroughly. If a n epidemic disease exists in the neighbourhood from which he comes, his clothing will also be disinfected. In such cases special care will a lso be taken to cleanse the prisoner ’s person. Search of Prisoners on Admission 5.44 Prisoners will be thoroughly sear ched by a prison official. Female prisoners will be searched by female sta ff. Pr isoners will wash and be searched in their yard or respective cell and not in the presence of other prisoners. Searches of prisoners will be ma de, with due regard to decency and with reasonable privacy. Removal of Articles from Prisoners 5.45 During the search, every article, whether clothing, bedding, jewellery, money documents or otherwise, will be taken away fr om the prisoners to whom prison clothing and bedding will be issued in accordance with the rules. From prisoners every a rticle will be taken away except personal clothing. Other necessities of life such a s bedding will be permitted by Inspector General of Prisons. Reception Ward 5.46 Prisoners, on first admission to prison will be kept in a separate reception ward until the initial formalities for his placement there are completed. The procedure to be adopted on their admission will be as under: i.Hair cut and shave, issue of soa p and disinfecting lotion ii.Disinfection and storing of prisoners’ p ersonal clothes and other personal items iii. Issue of disinfected prison clothing, bedding and utensils iv. Issue of authorized persona l belongings v.Housing as per the principles of basic segregation vi. A thorough medical examination wit hin 24 hours vii. Attending to immediate and urgent needs of prisoners, like letters, interviews, family welfare, immediate persona l problems, etc. viii. Verification by the Deputy Superintendent/Assistant Superintendent in charge of admission of committal papers, identification marks, entries in registers, prisoners’ ca sh property, appeal and other legal matters, etc. ix. Finger printing and photograph a s per rules a nd capturing of biometric coordinates. x.Identification of prisons suffering from substance related and addictive disor der. - 41 -Ex-595/2017 Orientation 5.47 Every newly admitted prisoner will be subjected to a programme of orientation so as t o inform him about the rules and regula tions. His rights and duties as a pr isoner will be clearly displa yed at each part of the prison and exp lained to him in a language he understands. A genera l assessment of his background a nd needs will a lso be made by the officials to decide the a ppropria te placement within the pr ison. Preparation and Maintenance of History Tickets 5.48 Immediately on reception of a prisoner into prison, a History Ticket shall be prepared for and provided to him. Such History Ticket shall be maintained in the manner hereinafter provided, throughout the period during which such prisoner remains in confinement. His records will also be entered in the digital data base of the prison. 5.49 Every Histor y Ticket shall contain the following particulars: (i) The name, prisoner number and other par ticulars necessary for the identification of the prisoner (ii) A br ief entr y of every order passed and direction given relating to, and punishment inflicted on, the prisoner (iii) A brief record of every other occurrence of any importance, affecting the pr isoner, which takes place while he rema ins in confinement. 5.50 The History Ticket of every convict shall also contain the following: (i) The nature of the offence of which he has been convicted and the provision of the law applicable thereto (ii) The da te, nature a nd extent of the sentence pas sed. 5.51 Every entry made on the History Ticket s hall be done at the time of, or as soon as possible after, the occurrence of the event to which it relates, and shall be dated and signed by the officer who makes it. 5.52 A duplicate histor y ticket will be issued when origina l history ticket is lost. The new history ticket will be ma rked dup licate and signed by competent authority. The ticket will b e reconstructed by registering all previous entr ies. Recording of entries by Medical Officer 5.53 In the heading of the History Ticket of every prisoner, the Medical Officer sha ll enter, or ha ve entered under his supervision the following: (i) The prisoner ’s weight on admission (ii) His state of health (iii) The class of labour for which he is fit, if sentenced to la bour (iv) Whether he has been protected by vaccination/ inocula tion for smallpox. 5.54 The Medical Officer shall maintain a Medical History Sheet to record the following details pertaining to the day-to-day medical condition and treatment provided to prisoners in t he prison hospital: (i) Deta ils of t he vaccination given and the result (ii) Admission to and discharge from hospital on every occasion, with the disease for which admitted (iii) Admission to and dis charge from the convalescent gr oup. (iv) Any complaint made by the prisoner of sickness or report of his sickness (v) The action taken on a ny dir ection or recommendation of the Medical Officer or Medical S ubordinate (vi) The fortnightly or weekly measurement of weight Particulars to be entered and the officer s to enter them 5.55 On the History Ticket of every prisoner, the following entries may b e recor ded: (i) The date of a dmission into pr ison (ii) The number and name of every article of clothing and equipment issued on admission and later (iii) The particular work and task in weight, number or measurement, to which the prisoner is put - 42 - Ex-595/2017 (iv) Every change of wor k or ta sk for reasons other than medical (v) Application for a copy of judgement, if the prisoner desires to appeal (vi) Receipt of t he copy of judgement (vii) Dispatch of appeal (viii) Substance of the order of the appellate court (ix) The fact of an appeal not having been made before the expiration of the term allowed for appealing (x) The amount of remission awarded quarterly (xi) The total r emission in da ys earned up t o the end of each qua rter (xii) Every prison-offence alleged to have been committed (xiii) Every interview allowed and the receipt or dispatch of private letters (xiv) Dispatch to a court, or tr ansfer, discharge, escape or death (xv) Any recommendation of the Factory Mana ger or the Deputy Superintendent (xvi) Act ion taken on any order entered by the Superintendent (xvii) The number of cells in which placed on account of warrant confinement (xviii) The total confinement undergone on warrant on each occasion of removal, etc. 5.56 Entr ies relating to point (i), (ii), (v), (vi), (vii), (viii), (ix), (x), (xi), (xii), (xiii), (xiv), (xviii) above may be entered by the Senior Assistant Jailer or Assistant Superintendent. Entries relating to point (vii) may be entered by the Senior Assistant Jailer or a ny other officer authorised to award remission, and point (xviii) by the Medical Subordinate or by an Assistant Jailer or Dispenser if deputed to assist him. Entries relating to point (iii) shall be entered by the Factory Ma nager, when there is not an officer of this gra de, it shall be entered by t he Jailer, but in large jails a portion of the duty may, under the orders of the Superintendent, be performed by the Senior Assistant or Assista nt Superintendent. The duty of making entries regarding point (iv) and (xvi) shall not be delegated to any officer subordinate to t he Jailer. 5.57 Entr ies to be made by the Superintendent: On the History Ticket of every convict, the Superintendent shall record (i) Any special order he may have to give related to any pr isoner, e.g. the imposition or remova l of fetters, permission to hold an interview or write a letter, separation by night (ii) The award of every punishment (iii) Sanction for employment on extra - mural work (iv) Promotion to the grade of Convict-watchman, Convict-overseer or Convict-wa rder (v) The award of specia l remission. Custody and Management of History Tickets: 5.58 The History Ticket of each prisoner shall be kept in sa fe custody of the in-charge prison officer, and shall be produced by him whenever required by senior officers. The History Ticket sha ll accompany the prisoner whenever he is transferred from one group to another, or from one kind of wor k to another or is sent to a hospital. At the weekly parades, each prisoner shall hold his ticket in his hand for inspection. The His tory Ticket shall be produced, with the prisoner, whenever he is reported for an offence, or is brought before the S uperint endent or Medical Officer for any reason. Retention of History Ticket after relea se or death: 5.59 The History Ticket of every prisoner shall be retained in safe custody (i) in t he event of his esca pe , for one year, (ii) the event of his release, for one year, (iii) in the event of his death, for two years a fter it occurs, and (iv) in the event of release on bail, for a year aft er the result of appeal is known. - 43 -Ex-595/2017 Admission Register 5.60 There will be an Admission Register for all prisoners admitted to the prison. Where possible, this register will be ma intained in electronic form. The admission r egister will contain basic description of the pr isoners in terms of name, parentage, home address, legal status, da te of admission and committal cour ts. This register will be maintained by Assistant Jailer or equivalent in prescribed form. The entr ies in this register will be numbered serially. Personal Infor mation System 5.61 The use of advanced technology/software systems in the form of Persona l Infor mation S ystem (PIS) should be encouraged for r ecording personal details of inmates including for maintaining a record of their personal belongings and property (a s mentioned in para 5. 42). Use of Register number 5.62 The register number thus given will be the means of identifying the prisoner - a fresh number being given on every transfer to another prison. The a rticles of clothing and bedding of each prisoner sentenced to rigorous imprisonment for life will be marked with his number, and in all official communications the number will precede the name, e.g., C onvict No. 1736, Ashok. If a prisoner has to undergo two or more sentences under different warra nts it is not necessa ry to re-enter him in the convict register on the expiry of one sentence or to give him another number. However, every prisoner will be called by his name and not by his number in the register. Record of date of relea se, etc. 5.63 In the case of convicts, the date on which the sentence will expire will be entered in the Convict Register. If the convicts are under sentence for less than thr ee months, an entry of his number will be made in the release diary to be released under that da te, but if the sentence is for three months or more, the date of expiry will be entered on his Remission Sheet. At the same time, the prisoners’ register number, na me, sent ence, date of sentenc e and da te of relea s e will be endor sed on his warr ant and the endorsement will be signed by the Competent Officer aft er examination and comparison with the body of the wa rrant and with the entries in the Convict Register. In cases where imprisonment is awarded in default of payment of fine, the alternative dates of release will both be included in the endorsement on the war rant, in the Convict Register, release diary and Remission Sheet. Custody of Warrants 5.64 Prisoners’ warrants will be arra nged according to dates of r elease and kept in monthly bundles, the warr ants of prisoners to be released in a particular month being pla ced in one bundle and each bundle being docketed outside with the month and year. T hey will be kept in a locked drawer or almira h of which the Assistant/Jailer will keep the key. Copies of judgements, orders of a ppellate courts and orders of government, disposing of pr isoner ’s petitions, together with correspondence relating to payment of fine, classification a nd the other connected records will be filed and kept with the war rant of the prisoner to whose case they relate. The final disposal of warrants will be made as prescribed in t he r ules. Medical Examination of Prisoners 5.65 The weight of prisoners on admission will be taken in the presence of the Medical Officer and be verified by him. If the Medical Officer is not present when pr isoners are admitted to prison, they will be weighed by the medical subordinate on duty during a dmission if possible and in any case not later than the following morning. Their weight will b e noted at the time in a book kept a t the ma in gate, to be s ubsequently ver ified b y the M edical Officer when their exa mination takes pla ce. The Medical - 44 - Ex-595/2017 Officer will carefully exa mine the prisoner and will himself record the findings in the pr oforma (see Appendix - 2) for health s creening on admission. The Medical Officer will also supervise the entr y of the prisoners’ identification marks, which may be noted by the Medical Subordinate. Medical Examination of prisoners will be made with due regard to decency and with reasonable privacy. 5.66 If a prisoner looks younger than his age, the matter ma y shall be referred back to the cour t concerned after the due medical exa mination on the determination of his/her a ge for further directions, a s no juvenile shall be kept in prison in any case and they are sent to the juvenile institution laid down in the Juvenile Justice Act. Certification of Appropriate Class of Labour 5.67 In t he case of convicts sentenced to rigorous imprisonment or imprisonment for life, the Medical Officer will enter the cla ss of la bour on which he will be employed in the appropria te column of the Convict Register and History Ticket. A corr esponding entr y will a lso be made in the His tory Ticket of t he convict. GENERAL DISCIPLINE AND DAILY ROUTINE 5.67.1. Definite responsibility to be fixed for the custody of each prisoner by day and by night -The Jailer is responsible to ensur e that every pr isoner in Prison shall both by day and by night be in the charge of prison official. A r ecord of the na me of every pr isoner shall be kept in a register during the day and in a barrack register during the night. Each bar rack, ward and cell should be assigned a distinct number which should be painted clearly on the wall or other conspicuous position. T he Duty Regist er and the bar rack register shall be maintained a nd the relief of guar ding staff so ca rried out shall be recorded that the responsibility for an escape resulting from negligence can be fixed definitely and beyond all doubt. The guarding staff under whose immediate charged the prisoners are pla ced shall carefully watch them in their various movements a nd employments and use the utmost ca reful vigilance to prevent escapes. 5 . 6 7 . 2 . Unlocking wards at day break-The barracks and cells shall be unlocked at the hour fixed by the prison S uperint endent from time to time throughout t he year. Prior to the opening of wards or cells, the guarding staff shall awake all the prisoners and keep them in readiness to march out in files for proper counting. Prisoners engaged in the prison kitchen shall ordinarily be opened first at reasonable hour as fixed by prison Superintendent from time to t ime. 5 . 6 7 . 3 . Jailer to be present-The Jailer shall be present at the opening of wards and cells every morning and shall persona lly supervise the unlocking and counting of prisoners. 5 . 6 7 . 4 . Counting of prisoners- Immediately after the bar rack or cell is opened all the inmates shall be counted and the guarding staff s hall sa tisfy themselves that the number of prisoners is correct and shall report the same to the Jailer. 5 . 6 7 . 5 . Breakfast and for mation of gangs- Aft er taking breakfast/morning t ea, the prisoners shall be arra nged in their working gangs according to their gang rolls. Each gang shall be made over to its responsible guarding staff. When two or more warders are put in charge of a gang, the responsibility in the matter of watch shall always rest with the senior war der, the others acting under his or der. 5.67.6. Distribution of tasks-The Distribution of labour will be made by the Jailer in accordance with any general or special rules laid down by the Superintendent and he sha ll see that no prisoner is put to, or kept on, work for which he is unfit or which is likely to be prejudicial to his hea lth. 5 . 6 7 . 7 . Preca utions in workshed- Where a workshed is enclosed and provided with a gate, the gate shall be kept securely locked after prisoners have entered a nd the key of the gate shall be kept by the officer in-charge of the gang. - 45 -Ex-595/2017 5.67.8. Meal and resumption of work- 1)Morning mea l is to be taken between 9:00-9:30 Am and midday r efreshment is to be taken between 12:30-1:00 Pm and the prisoners shall be marched back fr om the work place to their resp ective barracks for meal or r efreshment. Prisoners shall be given an opportunity of visiting toilet after meal or refreshment, then they shall be ta ken to the works. The working hours shall ordinarily cease at 30 minutes pr ior to the evening mea l time which shall be fixed by the pr ison Super intendent from time to t ime. 5 . 6 7 . 9 . Conduct of gangs when officials or visitors appear- On the appearance of the Superintendent or a n official or non-official visitors, the guard in charge of a gang shall order the prisoners under him to stand to attention. 5 . 6 7. 1 0 . Sear ch befor e lock up- Before locking up of the prisoners, pr isoners barracks and cells shall be thoroughly sear ched by the guarding party on lock up duty under supervision of Jailer or Assistant Jailer. T hey sha ll be r esponsible that all bolts, ba rs and fastening are in order and tha t no cont raband articles or any other a rticle which are likely to fa cilitate escape is left in the barrack or cell and the certificate to this effect shall be signed by them in the lock u p register. 5 . 6 7 . 11 . Evening lock up- Aft er clear ing the barracks and cells all the pr isoners shall b e lined up in front of the barra ck or cell and the prisoner whose roll is ca lled as per war d/cell r egister shall march into the ba rrack or cell a nd simultaneously counting of the pr isoners shall be done. Great care shall be ta ken tha t no pr isoners swap the accommodation without prior order of the competent authority. After a ll the inmates are ta ken inside and when the lock up party are satisfied that they have counted the correct number of prisoners, the barrack or cell shall be secu rely locked for the night. 5.67.12. Provision of sleeping place- The Head Warder on lock up duty shall make necessary arra ngement for the sleeping place of every individual p risoner and he shall change them whenever he found necessary for security reason. He should obta in prior approval of the Jailer or make immediate report for the change of sleeping place made for security reason. 5.67.13.Use of night latrine to be discouraged- As prisoners are a fforded sufficient opportunities of resorting t o the da y latrines, the use of the night latrine is to be discoura ged. 5 . 6 7. 1 4 . Washing and Bathing- Every prisoner sha ll be r equired to take bath or wash his clot hing as per roster made by the Prison authorities from time to time. 5. 67. 15. Matters affecting caste or r eligion- Interference with the religion or caste prejudices of prisoners is prohibited, and in case of compla in of interfer ence the Superintendent will take means to ascer ta in whether the complaints ar e well founded or not. The Superintendent sha ll gra nt facilities to prisoner of all religions for such devotions a s are r equired by their religion if the prisoners themselves are desirous of performing. Cha pter VI MAINTENANCE OF PRISONERS Food 6.01State Gover nment should pr escribe the diet plans for pr isoners in such a manner that the ener gy requirements given below are met: - 46 - Ex-595/2017 Energy requirements of Indians CategoryBody weight kg. Net energy (kcal/d) ManSedentary Work602320 Moderate Work2730 WomanSedentary Work551900 Moderate Work2230 Pregnant Women+350 Lactation+600 0-6 months+520 6-12 months Reference: India n Council for Medical Research, Nutrient Requir ements and Recommended Dietary Allowances for Indians Requirements of pregnant and nursing women 6.02 Dur ing pr egnancy and lacta tion, a woman needs more protein and minerals than otherwise. The extr a protein can be obtained by substit uting a part of the cereal portion of the diet with more milk, fish, meat and eggs, and in the case of vegeta rians by concentrating more on milk and milk products. This would a lso ensure the necessa ry additional supply of minerals. Nutrients requir ed 6.03 The nutrients required in a person’s daily diet, their quantities and the common sources of nutrients are indicated in the table below: NutrientRequir ementSources1 Protein1g. per kg. of body weight Pulses, rice, wheat, milk, fish meat, eggs, etc. 2 Fat50 g.Oils, butter, ghee, milk, eggs, etc. 3 Car bohydr ate300 g.Cereals, sugar, jiggery, milk, root vegetables such as potato, etc. 4 Minerals: a. Calcuim0.65 g. for adult,Milk, milk products, eggs, green, vegetables, 1 g. for childunhusked cereals and whole gram b. Iron12.15 mg.Veget ables, fruits, fish a nd meat 5 Vitamins: a. Vitamin A3,000 to 4,000 I.U.Leafy vegeta bles, milk, fish, liver oils, yellow vegetables, eggs, ca rrot and yellow sweet potato b. Vitamin C50 mg.Tamarind, amla, guava, all citrus fruits, eggs, lime, orange etc, and c. Vitamin D400 I.U.Fish, liver oils, milk d. Vitamin group i. Thiamin1 to 2 mg.Undermilled cereals and pulse, par boiled r ice, whole wheat ii. Riboflavin1.8 to 3.0 mgLeafy vegetables, eggs, fish, milk and milk products iii.Nicotinic acid 10 to 15 mg.Undermilled cereals, pulses and pa rboiled rice Scales of diet 6.04 The scales of diet for prisoners may be prescribed by t he State Government following the scales prescribed below( drawn fr om the ICMR guidelines on the same). The scales ma y vary a ccording to loca l customs and dietary habits in each State but should, so far as p ossible, be in complia nce with the prescribed standards., Due consideration is to be given to the principles mentioned a bove, to the - 47 -Ex-595/2017 classified needs, habits and modes of living of prisoner s and the clima tic conditions of the place, while prescribing the scale of diet for prisoners. T he State Gover nment may also modify the scales at any time if it deems fit. 6.05 (a)T he Followings shall be the Ra tion Scales for all categories of prisoners. Medical diet prescr ibed by the Medical Officer for needy prisoners shall also be given as per prescriptions if approved and sanctioned by the Inspector General. Sl. NoName of ration itemsScale per head per da yExceptions1RICE600 grams 2AT TA100 grams 3DAL120 grams 4VEGETABLES300 grams 5MEAT (with 10% bone allowa nce)150 grams(for Tuesda y & Saturday only ) 6EDIBLE OIL20 ml 7ONION10 grams 8TURMERIC2 gr ams 9C H I L LY3 gr ams 10S ALT20 grams 11TAMARIND10 grams(for Tuesda y & Saturday only) 12TEA LEAF2 gr ams 13MILK POWDER2 gr ams 14SUGAR40 grams 15FIRE-WOOD1500 grams 16LPG130 grams 17BATHING SOAP30 grams 18WASHING SOAP45 grams (b) For Pregnant and nursing women prisoners, add the following specia l diet to the a bove diet:- Items of dietQuantity1Milk250 m. 2Sugar60 g. 3Vegetables100 g. 4Fish/Meat or300 or 200 g Curd50 ml Fresh Fruit be also provided to the pregnant and lactating mothers as p er the quantity prescr ibed by t he Medical Officer. Arra ngements for heating and boiling water/milk shall be made available for lactating mothers. (c) For children between t hree and six years: Items of dietQuantity1Cereals300 g. 2Pulses60 g. 3Vegetables125 g. i. Leafy ii. Roots and Tubers iii. Other 4Fish or meat or150 g. or 100 g. Curd50 ml 5Milk150 ml 6Salt20 g. - 48 - Ex-595/2017 7Oil30 ml. 8Jaggery30 g. 9Tamar ind10 g. Fresh Fruit be also provided to the children between 3 to 6 years of a ge as p er the quantity prescr ibed by t he Medical Officer. (d) Children below three years age may be allowed such diet as the Medical Officer may order for them. Procur ement of Ration 6.05.1 Ration items for P risoners are to be pr ocured at the rates approved by the State Government from time to time. For this purpose, Tenders shall be floated for supply of ration items ordina rily for a period of one year. Delivery of Ra tion items - 6.05.2 An Indent for supply of the ration items duly authenticated by the signature of Prison Superintendent shall be placed to the approved supplier well in advance and the Supplier shall have to deliver the indented items not later than 24 hours from the time of receipt of indent slip. Delivery of the indented items is to be ma de at the Prison store for pr oper weighing or counting as the case may be. Delivery challa n shall be made in duplicate, one copy for the Prison recor d and the other for the supplier, which shall be signed by the Officer in charge of ration store and by the Supplier or his proxy to certify the correctness of ea ch item in terms of quality and quantity at the time of delivery. Any ration item found to be short of standar d quality shall not be received. Accounting of the ration items 6.05.3 (1) Diet Roll for ever y item of ration shall be maintained in month-wise to show the quantities of all items issued for each day as per exis ting diet scales, showing Date, Name of items with daily number of p risoners for whom the item is issued, quantity of ration item issued a s per calculations made from the scale and number of prisoners. Total of daily number of prisoners and the total quantity of each item issued during the month sha ll be shown invariably at the bottom of the diet roll. To certify the correctness of the diet roll, the Officer in charge of the ration and the Pr ison Superintendent shall give t heir respective signatures. (2) Stock Book of P rovisions shall be maintained in which monthly accounts of each it em shall be made showing Opening Balance, qua ntity r eceived during the month, Total quantity accounted for, Quantity issued as per Diet Roll plus quantity lost for the fr actiona l issues and cleaning, and Closing balance. Na me of S upplier, quantity received, a pproved rates per unit and the amount of money claimed by the supplier, Bill number and da te shall also be shown in the monthly account of each item. T he Stock accounts of each ration item are to be authenticated by the officer in charge of r ation and the Pr ison Superintendent. Issue of dietary items 6.05.4 All dietary items shall be issued to the prisoners only after cleaning. Weighing of the dietary items shall be ma de only after the removal of husk and inedible parts. Some portion not exceeding 4 % of t he tota l quantity issued in the diet roll may be added to the issued qua ntity for making up of the loss caused by fractional issues and removal of inedible parts. So also in the case of meat, 10 % bone deduction sha ll be made.Explanation : The lump of meat contains some qua ntity of bone which ca nnot be eaten. The supplier has to supplement 10 % of the indented quantity of meat so that there may still be adequate quantity of meat, after remova l of bones, for distr ibution to each individual prisoner as per diet scale. Example is given- - 49 -Ex-595/2017 Quantity indented as per diet scale : 01.00.000 kgs 10% of bones (extra): 00.10.000 kgs Tota l quantity to be supplied: 01.10.000 kgs Quantity to be billed for: 01.00.000 kg (i.e. indented quantity) 6.06 No reduction or alteration in the pr escribed diet and scales shall be made except under special circumstances and with the prior approval of the Inspector General. If, on the recommendation of the Medical Officer, the Superintendent consider s the prescribed diet to be unsuitable or insufficient for a prisoner for r easons of his health or his peculiar mode of living, he ma y order, in writing, a special diet, or add extra calories in the diet of such a prisoner, subject to formal approval of the Inspector General. Food r ation 6.07 Every prisoner sha ll have three meals a day according to the scales prescribed. Thes e sha ll be: (i) A light meal in the morning befor e the hour of work; (ii) A midday meal; and (iii) An evening meal before prisoners are locked up for the night. 6.08 The quantit y of ration to be issued for each meal shall be as prescribed by the Ins pector General. The articles of diet provided for midday and evening meals may be suitably divided between the two meals. 6.09 The diet ma y be fixed as per each State’s local customs but should be within the prescribed nutritional requirements. Variety in the diet may be introduced by issuing different kinds of pulses, vegeta bles and antiscorbutics on different days of the week or for different meals. T he Superintendent may lay down menu for different days of the week. 6.10 On t he occa sion of festiva ls, as specified by the State government, extra items of dietary articles may be given to every prisoner. 6.11 Prisoners who observe religious fasts may receive extra articles of food suitable for such fasts as per local practices [such as potatoes, fruits, etc.], or may have the whole or a part of their meal at a place and time of day, as may be allowed by orders of the government for proper observance of fasts by them. Hospital diet 6.12 A suitable hospital diet may be prescribed by the State Government accor ding to local food habits on the advice of Medical Officers / Medical Officer (in char ge). 6.13 When meat is recommended by the Medical Officer as an extra diet, the weight of meat shall ordinarily be taken without bones. Cleaning, Storage and Issue of Food Items 6.14 Care should be taken to see that all gra ins are properly cleaned before issuing to the mill-house for grinding and that the flour is ca refully sieved and kept in covered bins. 6.15 Rice should be separated from husk, dust, or ot her par ticles, before issuing for cooking. The qua lity and seasoning of r ice should be such tha t weight of the cooked rice is be about 3 t imes it s weight in uncooked sta te. This should be frequently tested by weighing. 6.16 All items of diet, as well as the fuel for cooking, shall be weighed daily at the time of being issuing to the cooks by a responsible officer not below the ra nk of an Assistant Superintendent, especia lly appointed for the purpose by the Superintendent. They shall be issued in a fully pr epared s tate or, if this is not possible, with a full allowance for any loss which might occur during prepa ration. The Superintendent sha ll, however, b e responsible for seeing tha t the correct weight and qua lity of the ration is issued. T he quality of these it ems should be regularly checked by the Medical Officer. - 50 - Ex-595/2017 6.17 Where chapatti/bread is given to prisoners, the same should be prepa red in prescr ibed weights for different classes of prisoners, and cooks should be informed beforehand of the prescribed weights. 6.18 Dal should be husked and unhusked grains properly cleaned out before cooking. 6.19 Vegetables issued shall be free from stalks and leaves and shall be cu t for cooking before being weighed and delivered to the cooks. Potatoes or other root vegetables should form at least one-t hird of t he total quantity of vegetables. All vegetables should be examined daily b y the Chief Medical Officer or his subordinate Medical Officer. 6.20 An allowance of 25% extra shall be given for heads, tails, fins, scales and entrails when whole fish is issued and for bones when mutton is used. 6.21 Antiscorbutics, in the requisite quantity, shall be issued daily with the midda y and evening meals to all prisoners. There should b e standing instructions for the preparation and issue of different kinds of antiscorbutics which are commonly availa ble. 6.22 Milk shall be stored in a properly cleaned and well-ventilated place. Milk shall be issued to prisoners on special/medical diet only after boiling. Boiling should be done in the hospital enclosur e under the supervision of a responsible officer who shall be responsible for its proper usage from the time it is obtained till its final distribution. 6.23 In p reparing curds no water should be mixed wit h the milk before boiling. Cooking 6.24 Cooking may be done in stainless steel vessels. All cooking utensils must be kept clean a nd shinning and the kit chen and eating area t oo must be clean and t idy. 6.25 Special car e shall be taken to ensure tha t all vessels, in which milk is kept, are perfectly clean. All vess els should be scalded and cleaned wit h boiling water immediately after use. These must not be lef t unc lea ned. 6.26 All cooked food should be kept covered until it is distributed, and appropr iate ar rangements (in the form of freezers, refrigerators, etc.) shall be made for storage of perishable items. 6.27 The Superintendent and the Medica l Officer shall exercise utmost vigilance in the supervision of food supplies, and when the food is cooked and is ready for distribution to prisoners, they shall make surprise inspections, at least once a week, in addition to routine inspections. At these ins pections the weight and taste of the food dis tributed shall also be checked. 6.28 Measuring equipment used for issuing ration to the mills, and that used in the kitchen, shall be checked by the Superintendent at least once a month if not more often. Surprise checks of the measuring equipment should be made by duty officers at least four to five times a month. 6.29 Cooks found tampering with food or scales shall be severely punished. Cooks 6.30 Cooks shall carry out all prepar ations and processes necessar y after being issued the daily supplies and shall prepare the food with due care and attention. They should wear clean aprons while preparing/ handling food. 6.31 Inmates undergoing imprisonment for six months or less, wherever ava ilable, may be employed to clean rice, peel and cut vegetables, clean cooking utensils and keep the kitchen clean and t idy. Distribution and service of food 6.32 Inspector General of Prisons sha ll prescribe the time for serving morning, mid-day and evening meals in prisons. Such timing would be prescribed depending on the temperature of t he region and other loca l fact ors. 6.33 Meals should be ser ved fresh and hot. In cold regions/ during winter season, appropriate hea ting methods will be utilized to keep food war m and su itable for consumption. The r eceptacles used for carr ying food shall be provided with well fitting lids. All food shall be carefully protected from flies and other insects. - 51 -Ex-595/2017 6.34 Fifteen minutes before the distribution of each meal, a bell may be sounded. Pr isoners should then cease work, wash their hands and face and queue up for food dis tribution, aft er which the cooked food shall be distributed by the cooks in the presence of a responsible prison officer not below the rank of a n Assistant Jailer. They shall see that food issued to a ny prisoner is not ta ken away by another or is otherwise wasted. 6.35 After service of food at least twenty minutes time shall be allowed to prisoner to ea t the food. 6.36 Except with the permission of the supervising officer, no food is to be taken a way from the dining area by any prisoner to eat it elsewhere. 6.37 When the meal is finished, the prisoners shall proceed to the washing platform where two tubs shall be placed. Prisoners shall put a ny refuse food left in his plate into these tubs, separating rice or chapattis from cur ried food. They shall then wash their hands and mouths a s well as their utensils. 6.38 The floors and pla tforms shall be cleansed immediately after the prisoners finish their meals. Ea ting a nd drinking vessels 6.39 Every prisoner shall be pr ovided with a set of eating a nd drinking vessel. All vessels will be made of stainless steel and shall be of a uniform material and pattern. Complaint about Food 6.40 Any complaint regarding food shall be enquired int o on the spot by the supervising officer. He shall decide whether the complaint is well founded or not and then take necessa ry act ion. Every complaint r egarding food shall be reported to the Superintendent. If the complaint is valid and is due to the fault of any prison officia l, the Superintendent shall t ake such action as he deems fit and shall record his orders. Any prisoner making false or malicious complaints shall be punished. Da ily inspection of food 6.41 The Superintendent and the Chief Medica l Officer / Medical Officer (in char ge) sha ll exercise ut most vigilance in the supervision of the food supplies and all articles issued for consumption shall be inspected daily by the Medical Officer, or in his absence by his medical subordinates. The inspecting officer shall especially see that the vegetables issued are of good qua lity. H e shall bring to the notice of the Superintendent of Prison any defects in qua lity detected during such inspections. Inspection of cooked food 6.42 It is highly important that the food is pr operly cooked, and tha t its fu ll quantity reaches the prisoners. Once a week, when the food is cooked and is ready for being served, it shall be inspected, wit hout prior notice, and its quality and weight shall be checked by t he Prison Superintendent and the Medical Officer. They shall record the result of their inspection in their jour nal. Weighing of a rticles of food 6.43 All articles of food issued for consumption shall be weighed daily by the officer in charge of diet. He shall ensure that proper quantity of food is issued for every prisoner. From time to time, the Superintendent sha ll himself check the issue of ration. Metric weights and measures shall be used for weighing or measuring rations and food and a proper set of scales, weights and measur es shall be maintained in every prison. These shall be frequently tested by the Superintendent for their correctness. Disposal of complaint by prisoner 6.44 The officer in-char ge of a Block must ensure maintenance of a register (which may be electr onic form) for r ecording feedba ck of inmates related to the quantity, qua lity or prepara tion of food being served to them. If any complaint is made by a pr isoner regarding the food, it shall be at once inquired into by an Assista nt Jailer. If the complaint relates to the quantit y of food received, the ration shall at once be weighed in front of the prisoner making such compla int. - 52 - Ex-595/2017 Power to sanction change in diet 6.45 The government may direct a change in the diet, prescribed by the convicting cour ts, in the case of individual prisoners. Other than that change in the pr escribed diet shall be made only in unavoidable circumstances when the prescribed food it ems are not ava ilable. In such events all changes in the prescribed diet shall be reported to the Inspector General of Prisons. 6.46 When a prisoner is hospita lised, his diet may be changed or modified by the Superintendent on the recommendation of t he Chief Medica l Officer. In case this change of diet has to continue for more than a month, the concurrence of the Dir ector / Inspector General of Prisons shall be obta ined by the Superintendent. Control of hospital diet 6.47 The control of diet of a prisoner in hospital s hall be the responsibility of the Chief Medical Officer cont rol and he ma y order such extras, as he consider s necessary, while doing to be shall also keep in mind the costs involved, which should not be excessive. Clothing 6.48 Every convict under sentence of rigorous imprisonment or of imprisonment for life shall be required to wear prison clothing as prescr ibed in these rules a nd shall be su pplied with prison bedding. Other prisoners, such as undertrial pr isoners and detenues, shall be supplied with clothing and bedding if they make a n application to the Prison Superintendent for this purpose. Such clot hing shall be of a colour different from that issued to convicts so that the distinction between convicts and other prisoners is visible. 6.49 The State will fix the scale of clothing and bedding according to climatic conditions taking into account security and discipline of the prison. Adequate winter clothing will be pr ovided to inma tes in cold regions/ dur ing winter. Clothes of convicts 6.50 The clothes of convicts shall have no pockets or openings in the lining. All clothing will be accor ding to the custom of the State. The prisoners shall be provided with dresses to suit their physical measur ement . Clothing of any category of prisoners not covered in these rules 6.51 The clothing of any other category of prisoners, not covered in these rules, shall be decided by the Inspector General, provided that the expenditure involved in it does not exceed the cost that would otherwise be incu rred if the articles admissible under the rules are supplied to the class to which the prisoner belongs. Clothing of convicts attending courts 6.52 Convicts in custody when sent to a cour t, either as a witness or as an accused, shall wear ordinary private clothing. For this purpose, the private clothes of convicts deposited in the prison, or those provided by friends or relatives, shall be issued to them before they a re taken to the court, such clothes sha ll be ta ken back on their return from court attendance. 6.53 In other cases, the Superintendent shall provide suitable clothing. Issue of sandals to prisoner 6.54 The sanction of the S uperint endent of Pr isons is necessary for the issue of sandals to prisoners. In char ge of clothing stor e 6.55 The Assista nt Jailer shall be in charge of the clothing store and shall be held resp onsible for custody and maintenance of all clothings a nd beddings. He shall be allowed to take the help of sufficient - 53 -Ex-595/2017 number of p risoners to clean and expose the clothing to sun and air regularly. Due attention shall be paid to getting the clothes washed thoroughly before being returned to the store.Explanation: Used clot hes, before being issued to prisoners, shall be thoroughly fumigated a nd washed in hot water to ext erminat e bugs, flea s etc. Repair, Maintenance and inspection of clothing and bedding 6.56 A da y shall be fixed for weekly maintenance and inspection of clothing. At the weekly parade of prisoners the Superintendent shall pay special a ttention to their clot hing and bedding and shall satisfy himself that each man's kit is complete and is in proper condition. Suitable ar rangements shall be made for washing and cleaning of every ar ticle of prisoners' clothing and bedding. Prisoners to wash their clothing once every week 6.57 Every prisoner shall be required to wash his clothing at least once a week, usually on the Sunday mor nings, and at any other time as the Superintendent ma y direct. The Superintendent may ask prisoners to wash s pecific items of prison clothing and may authorise the issue of the necessary washing materials for the purpose. Explanation 1: All male prisoners shall be supplied with half a bar of washing soap weighing approximately 500 g. each per month and 50 gms of washing powder every week for washing their clothes. Explanation 2: All female prisoners shall be supplied with a bar of washing soap weighing approximately 1Kg. each per month and 50 gms. of washing powder per week for washing their clothes. All female prisoners with children ma y be supplied with an extra bar of washing soap weighing approxima tely 500 gms and 50 gms of washing powder per week for washing the clothes of their children. P rison laundr y 6.58 All at least Centra l and District prisons to have their own mechanized laundry to wa sh items of clothing and bedding at the time of return of t hese it ems to the clot hing store. Disposal of Irreparable clothing 6.59 Irreparable clothing shall be struck off from the register under the signature of the Superintendent once a month and need as ra gs for cleaning the kitchen a nd for cleaning machinery in the workshop. If the accumulation of such clot hing is in excess, it shall be sold, after being shredded into small pieces, to the paper making unit s of the Khadi or other such agencies. 6.60 Unserviceable clothing sha ll be stocked separately and a proper stock register shall be maintained for this purpose. Disposal of clothing of discharged prisoners 6.61 Prison clothing sha ll not be given to dis charged prisoners. Car e shall be taken to ensure that prisoners surrender their full kit at the time of their release. If fit for further use such clot hing shall be thoroughly laundered a nd repaired, and taken into s tock. Items of unserviceable clothing shall be duly entered in the stock register of such clothing and shall be disposed of in the manner prescribed in the previous para gr a ph. Submission of clot hing a nd bedding indents 6.62 Indents for the clothing and bedding likely to be requir ed during the next six, nine or 12 months, shall be prepared in duplicate and submitted to the Deputy Inspector Genera l of Pr isons for sanct ion. 6.63 No clothing or bedding sha ll be is sued fr om the manufact uring department of any prison unless the indent is a pproved by the Deputy Inspector General of Prisons and no clothing or bedding shall be purchased in the local market except in very special circumstances and with the sanct ion of the Inspector General of Prisons. - 54 - Ex-595/2017 6.63.1Bedding & Cr ockery for all classes of P risoners : Every individual prisoner, so long as he is lawfu lly deta ined in the Prison, shall be provided with Bedding and Crockery as per scales shown below : Quantity per prisoner Bla nkets (M arch - September)....3 Additional blanket (October - February)....1 Bed-sheet (for a ll season)....1 Bath-Towel (Inbual hrukpuan)....1 Dinner Plate (Chaweithleng)....1 Mug (Nopui beng nei)....1 Table Spoon (r ounded tip). . . . 1(only for prisoner who needs spoon feeding) 6.63.2Clothings for la bouring convicts : All labouring convicts, regardless of their being male or female and irrespective of their being sentenced to either rigorous or simple imprisonment, shall be provided with working dress as shown below. Every labouring convict should clearly be instructed to take all possible care of the working dress a nd he should be well aware of the pr ovision for earning special remission of sentence if he is noticed to have made economic use of these apparel. Kurta (Black & white lengthwise striped)- 1 each Pyjama (same as above)- 1 each Slipper/Chappal- 1 pair each 6.63.3Clot hings for needy prisoners : Prisoners of any class who cannot or do not provide themselves with minimum needs shall be provided clothings from the Prison store, each item ordinar ily for six months or till it remains serviceable whichever is longer, as per scale shown below. Issues of these appar el should properly be accounted in the register ma intained for this purpose showing therein the name of prisoner, his registration number in the admission register, item a nd quantity of clothings issued and da te of issues duly authenticated by the Prison Superintendent. Issue of clothings should be restr icted to the item of extreme need only. For Male PrisonersFor F emale P risoner Shirt & Pant2 pairs2 pairs Slipper/Chappal1 pair1 pair Shawl1 piece1 piece 6.63.4Extra clothings for certain kind of wor ks : Prisoners employed on labour which soils the clot hing should be given extra clothing of old but serviceable one during the working hour. Items like Apron, Chef ’s cap and Handglove be given to cooks while they are at work in the kitchen for the maintenance of cleanliness. So also cap be given to those prisoners working at open air under clear sky. 6.63.5Accounting of clothing, bedding and crockery (a ) The Prison Officer in char ge of store sha ll maintain the ledger for each item wherein the quantity of the item in store, the quantity and date of new receipt, quantity with the prisoners, quantity issued to or received ba ck from the pr isoners, quantity fou nd unfit for use and total quantity the Prison has shall b e shown correctly. (b) The stor e-keeper shall produce befor e the Superintendent once a month all art icles which ha ve b ecome unser viceable. (c ) The Superintendent shall enter in words in the stock ledger the number declared unserviceable by him and initial the entry. Such article shall be utilised for other purpose wherever convenient. (d) A ta ble showing the number of each article condemned month by month shall be mainta ined in t he stock ledger. ( e) The Superintendent shall a dopt suitable precautions to prevent articles once written off being taken into s tock. No article shall be sold until it has b een declared unfit for further use 6.63.6Hospital clothing & Bedding The hospita l clothing and bedding shall be kept under the char ge of the medical subordinate who shall mainta in the articles in the same ma nner as stated in the foregoing sections. - 55 -Ex-595/2017 I.ACCOMMODATION AND VENTILATION Ca pa city of ward to be inscribed near the door 6.64 Near the door of every ward the size of the room, and the number of prisoners it is capable of accommodating, shall be recorded on a plaque embedded in the outer wall of the ward. No ward shall accommodate prisoners beyond its prescribed capacity. 6.65 The names and numbers of the blocks and other impor tant buildings and enclosur es shall be displayed on them in a conspicuous and suitable position. The date of white-washing shall also be shown in distinct figures. Vent ilation of wards a nd wor kshops 6.66 The Superintendent and the Medica l Officer shall pay special attention to the ventilation of the wards. In a ll cases, care shall be taken that there is sufficient lateral as well as roof ventilation. As the condition of the atmosphere breathed by prisoners can only be judged by visit ing the wards a few hour s after the pr isoners have been locked-in, the Superintendent and the Medical Officer shall visit the prison at night in all seasons, and at irregular intervals, to sa tisfy t hemselves that the ventilation is adequate, and that the prisoners have not blocked the ventilation in any way. T he resu lts of t hese visits shall be recorded by them in their respective journals. The Additional Superintendent shall also be deputed for this purpose. 6.67 Every possible arra ngement shall be made for thorough ventilation of the wards for several hours during the day. This is necessary to remove organic matter from the walls, which gets slowly oxidised. It is necessary that the beddings are removed out of the barr acks for severa l hours every day. Walls to be colour or white-washed 6.68 The exterior walls of prison buildings sha ll be colour-washed, a nd the interior walls white-washed from time to time. The interior of barra cks, wards and cells in which prisoners are confined, will be white-washed once in a year. Planting of trees 6.69 Grass shall be grown and trees planted a nd kept neatly trimmed in and near the prison wherever possible. Gardens shall a lso be maintained in each pr ison to have a saluta ry effect on the minds of prisoners. However, trees shall not be planted too close to walls and buildings as these may be used for escape from the prison. 6.70 After the r ainy season, the inner and outer sides of the perimeter wall, if the prison and wall of the wards sha ll be scr ubbed. Pathways inside the prison compound sha ll be de-weeded and re-laid. Wher ever the paths are made of tar mac, the uneven surface shall b e leveled properly. II. CONSERVANCY RESPONSIBILITY OF ALL OFFICERS 6.71 It is also the dut y of all prison officers to pay special attention to cons ervancy, and official and non- official visitors are expected to satisfy themselves that it is properly carried out. Responsibility of Health Officer 6.72 The Municipal Healt h Officer, District Health Officer or the health officers of the corporation, as the case may be, shall visit the all prisons under their jur isdictions once a month and offer suggestions for sanitation and hygiene. P rison ar ea t o be kep t clea n 6.73 The prison area sha ll be cleaned daily and kept free from all unwanted plants and weeds, accumulation of b roken bricks, manufacturing waste, etc. Kitchen waste sha ll not be permitted to be thrown on the ground, nor shall garbage of any kind be allowed to a ccumula te in or near the prison. - 56 - Ex-595/2017 Pr ohibit ion of cess p ools a nd open drains 6.74 Cess pools, and open drains for accumulation and disposal of sewage are prohibited inside or near a prison. Precaution against malaria 6.75 All pits and pools of water stagnant, near the prison shall be covered or filled up. Open dr ains if any around the prison shall be carefully attended to and draina ge cuts shall be cleaned wherever necessary, to pr event accumulation of wa ter. Medical Officer to approve drainage 6.76 The Medical Officer shall bring to notice of the Prison Superintendent any defects in the drainage within or around the prison. If he does not do so, it shall be presumed that he is satisfied with it. All drainage in prison should be underground which should be connected dir ectly to the public dr aina ge system. Injurious conditions in the prison neighbourhood 6.77 If anything occurs, or is likely to happen in the prison neighbour hood, tha t might injuriously affect the health of the prisoner, it sha ll be repor ted immediately to the Inspector General of Prisons. The cons truction of public latrines a nd sewage drains near a prison is objectionable and measur es shall be taken to pr event such constructions. 6.78 No sewage or effluent dra ins from mills and fa ctories or other public sour ces, that may affect the health of the prisoners, should be allowed near any prison. Clea ning of la tr ines 6.79 The latrines shall be thoroughly cleaned twice a day or more often if necessary, with disinfecta nts. Kitchen 6.80 The inmates engaged in cooking should be regularly examined to make sure that they are not carr ying of a ny infection. T here should be adequa te arrangements for cooks to wash their hands with soap and water before they start cooking. Cooks should change into clean uniforms before they are permitted to cook or serve food. Manual handling of food is undesirable a nd must be avoided. Stores 6.81 Stor es or godowns must be kept clean, well arranged, and well ventilated. Their contents should be aired as often as possible. Godowns or grain stores should be treated with suitable insecticides to prevent the growth of weevil. Baths 6.82 All prisoners should be r equired to bathe as frequently as necessar y. In the temperate climate they should be encouraged to have daily baths unless medically exempted from doing so. In hot climate, facilities should be provided for the pr isoners to have a bath in the afternoon as well. III. WATER SUPPLY Selection of source of water supply 6.83 Wherever corporation, municipal, panchayat, township or cantonment water supply exists, arra ngements shall be made to connect the prison with it by a pipe line. 6.84 If water from a well or tube-well is use in a prison such wells should be well-protected from being polluted by percolation of surface water. - 57 -Ex-595/2017 6.85 The mouth of every drinking water well shall be completely closed and the water shall be raised by a pump. The surface surrounding the well at its mouth shall be covered with a sloping cement platform with a dr ain a round it to carry s pilt wa ter, and the well sha ll be lined to a sufficient depth to render the tube impermea ble. 6.86 Every well shall be cleaned out once a year, and the da te on which it is done shall be recor ded. 6.87 Once a week, the depth of water in each drinking water well shall be tested and a record of the results mainta ined. Filtration of Water 6.88 Dr inking water ma y be filt ered a s per the directions of t he Inspector Gener al, on the advice of medical and municipal authorities. 6.89 There shall not be any gar bage dump or sanitary wastes within a radius of 15 mtrs of any r ing well or tube well. Drawing of water 6.90 Distribution of clean water is of paramount importance. Buckets used for filling water for drinking and for use in kitchen sha ll not be used for any other purpose. Water vessels, barrels, tanks and reservoirs shall b e frequently cleaned. Every water s torage recepta cle sha ll be covered and the lid fastened after it is filled. These shall also be filled with taps to facilitate drawing of water from them. Supply of Dr inking Water 6.91 Suita ble arra ngements shall be made to supply every inmate of a ward and cell with sufficient qua ntity of fresh dr inking water through taps during day and night. It shall be the responsibility of the warder on duty to see tha t sufficient dr inking water is available before the prisoners are locked-in. 6.92 Prisoners at work shall be supplied with a n adequate qua ntity of drinking water. If water is t o be stor ed, it shall be done in covered receptacles which must be thoroughly cleaned every day. Analysis of water 6.93 Samples of the water in use for domestic purposes in ever y prison sha ll or dinarily b e submitted to the State Water Analysing Authority twice a year, for both chemical and bacteriological examination. 6.94 In t he event of outbreak of an epidemic in any pr ison, which might be due to contamination of the water supply, and which ca lls for an immediate examination of drinking water, the Medical Officer should immediately make a written request to the Director of Public Health and Preventive Medicine who shall make arra ngements to obtain the necessary samples for analysis. In addition immediate steps shall be taken to ensure supply of water fr om an alternative sour ce at such prisons. 6.95 The State Water Analysing Author ity sha ll, in due cou rse, forward a copy of its r eport of analysis, through the Director of Public Health and Preventive Medicine to the Superintendent of prison and another to the Inspector General. Disinfection of wells 6.96 Whenever there is r eason to believe that any of the wells, from which drinking water is obtained, is a sour ce of contamination, it shall be tr eated a t intervals of three days with Pota ssium P ermanga nate and other disinfectants, as may be deemed necessary, in consultation with the local health officer. Provision of water to staff quarters 6.97 Adequate supply of water shall also be ensured to the residential quarters of the prison staff. The condit ions of the cleanliness of water mentioned above shall a pply here as well. Every officer occupying staff quarters shall be held responsible for the cleanliness of his premises. The Superintendent and the Medical Officer shall periodically inspect the staff quarters to check general cleanliness. - 58 - Ex-595/2017 Chapter VII Medica l Care Medical Administration 7.01 Medical administra tion is one of the most impor tant concerns of prison management. The Medical Officer of a prison has to give ca reful a ttention not only to the treatment of sick pr isoners but also to ever y matter connected with the health of prisoners a nd overall hygiene of the pr ison. Nothing will count more to the credit of the Medical Officers of prisons than their success in maintaining best health standards in the pr isons under their cha rge. 7.02 The Prison medical adminis tration may form part of the State Health Services/Medical Department instead of the prison administration. Prison Hospitals 7.03 Hospital accommoda tion should be provided on the scale of 5% of the authorised capa city of all Central and District Prisons. The prison hospit als may be of Types 'A' and 'B'. Big hospita ls, with 50 beds and above sha ll be called 'A' type hospit als. Other hospitals, with less than 50 beds, shall be called 'B' type hospitals. The sta ff and equipment for the two types of hospit al shall be: Officers‘A’ Type‘B’ Type1Chief Medica l Officer (in the ra nk of C ivil Surgeon with Post Graduate Qualification) 11 2Assistant Civil Surgeons74 3Staff Nurse63 4Pharmacists42 5Male/Female Nursing assistants63 6Laboratory Technicians ( to be tra ined in handling all equipments inclu ding E.C. G., X-r ay and portable X-ra y machines)31 7Psychiatric Counsellors21 8Junior Assistant11 7.04 All the Assistant Civil Surgeons in the two types of hospital shall be from differ ent specialties as under: Specialty‘A’ Type‘B’ Type1M.D. Genera l Medicine11 2M.D. Gener al Sur ger y11 3M.D. Orthopedics11 4M.D. Dermatology1 5M.D. Psychiatry11 6M.D.S. Dentistry1 7M.D. Gynecology11 Note: One ambulance shall be pr ovided in each prison hospital. Appointment of Chief Medical Officer/ Medical Officer (In Cha rge) 7.05 The Government shall appoint a Chief Medical Officer / Medical Officer (In Cha rge) for every prison. Dur ing the absence of the Chief Medica l Officer/ Medical Officer (In Charge), other officers shall attend to his duties in the prison. These Chief Medical Officers shall be under the administra tive cont rol of the Superintendent of Prisons. 7.06 The Chief Medical Officer /Medica l Officer (In Charge) shall be assisted by Assistant Civil Surgeons atta ched to the prison hospital. T hese Assistant Civil S urgeons shall be under the administra tive cont rol of the Superintendent of the pr ison, except while performing medica l/clinical functions when they shall be subordinate to the Medical Officer. - 59 -Ex-595/2017 7.07 The Chief Medical Officer and Assistant Civil Surgeons, deputed to a prison hospital, shall be entitled for rent 'free staff quarters'. Channel of Communication 7.08 The Chief Medical Officer will be the technical head of all the medical officers and will be in charge of the entire Medical Administration. He, along with his subordinates, will be jointly responsible for the health-care of the prisoners. The superintendents of prisons will be the administrative head. All correspondence to the Inspector General of Prisons or to the Dir ector of Medical Services and Director of Medical Education will be routed through him. All leave, except earned and medical lea ve, pert aining t o the M edical Officer will be r egula ted by the Chief Medical Officer. 7.09 The Chief Medical Officer/ Medical Officer (in charge) shall submit indents for medicines to the Inspector General through the Superintendent of prison. In all administrative matters he will correspond with the Inspector General through the Superintendent of Prison. He may, however, correspond directly with the Inspector Genera l, on matters r elating to sanitation, sick pr isoners' food and clot hing and discipline in the prison hospital. He may also do so if he notices on the person of a ny prisoner injuries which are alleged to ha ve been caused by prison officials. He shall accompany the Inspector General dur ing his inspection of the prison. General Dut ies 7.10 The general dut ies of the Chief Medical O ffic er/ Medical O ffic er (In C ha rge) shall cover every matter connected with the health of the prisoners, their treatment when sick, and the sanitation and hygiene of the prison. Daily visits to prison 7.11 The Chief M edical Officer / Medical Officer (In Charge) shall visit t he prison and shall examine sick prisoners every da y. He shall visit the prison on Sundays and holidays as well, whenever necessary. 7.12 He shall inspect every pa rt of the prison and check all prisoners at least once in a week and record his observa tions in his r eport to be sent to the Superintendent of Prisons and Inspector Genera l of Prisons periodically. 7.13 He shall also make a full medica l inspection of all the prisoners once a month. 7.14 If a ny epidemic or unusual sickness prevails, or any serious case of illness occurs, he shall visit the prison as often as may be necessary. 7.15 If he is unable to himself undertake these inspections for any reason, he sha ll record the fact and the reason for it in his jour nal. At the sa me time he shall depute an Assistant Civil Surgeon to conduct such inspections. Special Needs of Aged Prisoners: 7.16 The Chief Medical Officer shall ensure that the medical needs of aged prisoners in terms of ophtha lmologica l care, denta l care, physiotherapy, and clinical testing for dia betics are regularly a ttended to. Treatment of Drug Addicts 7.17 The Chief Medical Officer shall organise de-addiction pr ogrammes for such prisoners who are known to be drug-addicts. He shall also organise tra ining in Transcendental Meditation and Yoga for them. Attendance at Weekly Ins pection 7.18 The Chief Medical Officer/ Medical Officer (In Charge) shall be present during the Superintendent's weekly inspection and shall oversee the general health and hygienic conditions prevailing in the prison. He shall pay special attention to any signs of a scorbutic or anaemic tendency, any deterioration in health conditions, and skin diseases. He sha ll also examine the prisoner's clothing and bedding to - 60 - Ex-595/2017 see that they are adequate and clean. He will exa mine the drainage, ventilation, drinking water and conservancy ar rangements of the prison. 7.19 He shall, at the sa me time, examine the r ecord of prisoners' weights, to satisfy himself tha t the weight test is being properly done. He shall thoroughly examine all pr isoners who have lost their weight substantially and give necessary instruct ions to the Assistant Civil S urgeon of the prison r egarding the action to be taken in such cases. Attending to Prison Officers 7.20 The Chief Medical Officer/ Medica l Officer (In C harge) shall a ttend to the medical needs of all prison officials and their families residing in the prison's staff qua rters and barra cks. 7.21 The Chief Medical Officer/ Medical Officer (In Charge) shall bring to the notice of the Superintendent any facts (a bout the cause of illness of t he officers and subordinate prison staff) that may be of importa nce, and which shall enable him to determine their fitness for continued employment in the prison. 7.22 The Chief M edical Officer/ Medica l Officer (In Charge) shall maintain a minute book in which he sha ll enter a ll directions given by him concerning the duties of the medical staff under him, the ma nagement of the hospita l, and any other instr uction of impor tance r egar ding the tr eatment of patients, or any ot her matter. Duties of Chief Medica l Officer / Medica l Officer (In Charge) 7.23 The Chief Medica l Officer/ Medical Officer (in charge) shall verify the accuracy of t he records made by the Assistant Civil Surgeons of the prison. 7.24 He shall inspect the medicines kept in store once in every six months and satisfy himself that their weights and quantities are entered correctly in the stock register. He shall also ensure that the medicines are used before their date of expiry. He shall also inspect the instruments and equipment to see that they are being maintained properly and sufficient stock is kept in reserve. 7.25 All indents by the Assistant Civil Surgeons shall be scrutinised and countersigned by the Chief Medical Officer/ Medical Officer (In Charge). 7.26 He shall examine a ll cases coming for release on medical grounds. 7.27 Whenever the mortality of a prison in a month exceeds 1% per annum, he shall record an explana tion of t he cause of such excess of mortality in the monthly retur n. In t he event of unusual mortality, he shall make a special report on the subject for transmission to the government thr ough the Inspector General. 7.28 The Chief M edical officer /Medica l Officer In-charge shall also be responsible for conduct ing medical examination of candidates selected for appointment to va rious posts in the prison. Maintenance of Journals 7.29 The Chief Medical Officer shall keep a journal in which he shall record every visit he pays to the prison, time of entering and leaving the prison, the par ts of the prison or cla sses of prisoners visited, the number of sick persons in prison and any other point which he consider s should be brought to the notice of the Superintendent. While doing so he shall make specific not e of the following: (i) Any defects in the food, clothing or bedding of prisoners or in the cleanliness, drainage, ventilation, water supply or other arra ngements of the prison which t he Chief Medica l Officer considers likely to be injurious to the health of prisoners, together with suggest ions for removing such defec ts (ii) Any occurrence of importa nce connected with the hospit al administration. (iii) Any marked increase in the number of in or out door patients and its (ii) Any occurrence of importa nce connected with the hospit al administration. (iii) Any marked increase in the number of in or out door patients and its appa rent causes. 7.30 After each visit this jour nal shall be sent immediately to the Superintendent for his perusa l. Thereupon the Superintendent may issue any orders he thinks fit. When the Chief Medical Officer himself is the - 61 -Ex-595/2017 Superintendent of the Prison the points required to be referred to in his journal shall be recorded in the jour nal maintained by the Superintendent of Prison. Submission of Returns 7.31 The Chief Medical Officer shall punctua lly submit the prescribed returns and shall furnish any other information regarding the medica l administration of the prison, which the Inspector Gener al may call for. A report regarding the sanitary condition prevailing in prison shall also be furnished to the Inspector General along with the annual returns. Ma intenance of Registers 7.32 The Medical Registers and Forms other than the Journal shall be kept under the orders of the Medical Officer, who is responsible for their correctness. At the Ins pector Generals' inspection, the Medical Officer shall produce befor e him, every register and record, connected with the Medica l Department of t he Prison. Clinics a nd Labs for P rison Hospita ls 7.33 The following equipment sha ll be made ava ilable to prison hospitals. (i) Dental clinic with all equipment (ii) Ophthalmology Clinic with all equip ment (iii) Minor opera tion theatre with all surgica l equipment (iv) Clinical la borator y with required equip ment (v) X-ra y lab with dark room and equipment (vi) Physiotherapy unit with equipment. (vii) De-toxifica tion unit. (viii) Psychiatric unit with equipment. Appointment of Assistant Civil Surgeons 7.34 In prisons other than Central and Distr ict prisons, one or more Assistant Civil S urgeons, as ma y be necessary, sha ll b e appointed by the Sta te Health Services/ M edical Department. Terms of Appointment 7.35 The Assista nt Surgeon shall be appointed by the State Health Services/ Medical Depa rtment from the State Directora te of M edical Services and his postings and transfers sha ll be made by the Director of Medical Services in consultation with the Ins pector General of Prisons. Conditions of Service 7.36 Assistant surgeons, staff nurses, pharmacists, nursing assistants and lab technicians attached to prisons shall not, while on duty, leave the prison premises without the permission of the Chief Medical Officer prison. Uniform 7.37 The medical staff posted to the prison hospitals shall wear the uniform prescribed by the State Health Services/ M edical Department. Leave 7.38 The medical staff posted the prison hosp itals shall be governed by the leave rules of the S tate Health Services/ M edical Department. Maintenance of Report Book 7.39 Every Assistant Surgeon shall maintain a report book in which he shall record all matters of importance that he wishes to bring to the notice of the Chief Medical Officer. - 62 - Ex-595/2017 7.40 This report book shall be produced for inspection and orders of the Chief M edical Officer. The Chief Medical Officer will sign his report book every day. Hours of Duty 7.41 In p risons where there are more than one assistant surgeons - (i) The hours of duty during t he day s hall be equally distributed between them by the Medical Officer, ensuring that one of them is always pr esent in the pr ison (ii) One of the assistant surgeons shall be on night duty on rotation basis to attend to the prisoners in t he event of an emergency. 7.42 In prisons where there is only one Assistant Surgeon he shall remain inside the prison thr oughout the day, except when permitted to absent himself for meals or other valid r easons. He sha ll visit the hospital occasionally at nights a nd may, under the orders of the Chief Medical Officer, be required to remain on duty there if there are a ny a ses under treatment which a re likely to r ender his presence neces s a r y. Custody of Keys 7.43 An Assistant Surgeon on du ty inside the prison a t night shall be responsible for the safe custody of the keys of the hospita l and of any ot her place in which prisoners a re confined for medica l treatment. But, he shall not unlock a ny door except in the presence of the Assistant Superintendent. Only in a ca se where unlocking of the hospital ward is urgently required he shall unlock doors in t he pr esence of t he patrolling officer on duty. 7.44 Every Assistant Surgeon entrusted with the keys shall be held responsible for making sur e that they are kept in his personal possession and are not improperly used. He shall report at the earliest opportunity to the Jailer and Medical Officer every instance in which he has ha d occasion to unlock the door of any compartment occupied by the pr isoners during his term of duty at night. Duties of the Assistant Surgeon 7.45 It shall be the duty of an Assistant Surgeon (i) to be available to attend to any prisoner who complains of illness or who appears to be ill, and have him removed to the hospit al or the pla ce for medica l exa mina tion by Chief Medical Officer, as the case may be, (ii) to a ttend to sick prisoners and out-patients vis iting t he hospital and supervise the prepara tion and issue of medicines, food and extra diet. He shall satisfy himself that the Chief Medical Officer's orders in their regard are properly carried out, (iii) to make a daily round of t he prison cells and report to the Chief Medical Officer the condit ions in t he prison which have a ny bearing on the healt h of the inmates and every su ch complaint made to him. (iv) to ensure that all medicines indented for the hospital are properly arr anged, labelled and stored in a safe place. (v) to t ake proper care of instruments, applia nces, a nd equipment in his cha rge. (vi) to see that sick pr isoners are clean and tidy. (vii) to see that the hospital clothing and bedding ar e marked in a distinctive manner. (viii) to see that all articles in use in the hospital are safely stored and kept clean. (ix) to a llow no property in his char ge to leave the prison premises. (x) not to permit any convict attendant to handle instruments or distribute drugs whose misapplication may be dangerous, (xi) to ensure that the pharmacist attends to the clerical work connected with the hospit al, such as the upkeep of registers, the prepa ration of retur ns and t he punctual submission of indents, (xii) to satisfy himself that the food for the sick is properly prepar ed and distributed. (xiii) to ensure that order, clea nliness and discipline is maintained in and a round the hospital. - 63 -Ex-595/2017 (xiv) to ensure that the staff nurses and others employed in the hospital perform their duties properly. (xv) to ensure that any excess or deficiency of attendants is brought to the notice of the Chief Medical Officer. (xvi) to visit the prison kitchen every day, inspect the food supplied, both raw and cooked (both in bulk and after distribution) and see tha t the sa lt, oil and condiments are added and thoroughly mixed, satisfy himself tha t the food is of good quality and tha t the quantity of each article is according t o the sanctioned scale. He shall also see that the kitchen and it s surroundings are maintained in a sa nitary condition, that the drains ar e flushed and free from refuse, that the water stored in the tanks for cooking and washing utensils is changed frequently, a nd that the utensils in use are clean and in good condit ion, (xvii) to supervise the supply of milk to the hospita l, to test the milk in the prescribed manner, to see that it is properly boiled before issue. (xviii) to inspect the food supplied to civil and un-convicted cr iminal prisoners by their friends, (xix) to keep a watch on prisoners suspected of malingering and to report the result of his observations, (xx) to be present at various parades and separate for exa mination and t reatment any p risoner who appears to be in need of a ttention or who is known or suspected of leaving pa rt of his food unea t en. (xxi) To bring to the notice of the Chief Medical Officer any female whom he may suspect to be pregna nt, (xxii) to see the bathing of prisoners suffering from skin infections, (xxiii) to examine a ll newly admitted prisoners and to record in the admission r egister and medical sheets particulars regarding their health, and the kind of labour and they ca n perfor m in view of their health conditions, (xxiv) to satisfy himself that the person, and private clothing, of newly admitted prisoners are properly cleaned, and that the clothing is, if necessary, disinfected before keeping in the store rooms, (xxv) to va ccinate newly admitted prisoners, and (if so directed) infa nts admitted with their mothers or born in pr ison, (xxvi) to bring promptly to the notice of the Superintendent and Chief Medical Officer any case of suspected cholera or other contagious or infectious diseases tha t may appear amongst the staff or inmates of the prison, (xxvii) to examine the wells and other sources of water supply, to bring to notice any defects with regard to the quantity or quality of water supplied, to examine every day all tanks and vessels in which water is s tored or conveyed, and to prepare samples of water for analysis as and when required, (xxviii) to inspect t he surr oundings of the prison at least once aweek. He shall pay pa rticula r attention to manner in which filth is trenched or otherwise disposed of, (xxix) to a ttend to the ventilation, with due r egard to the season,of the hospital, sleeping wards and workshops and to satisfy himself that prisoners are not unnecessarily exposed to draught or rain. The weighing of Prisoners 7.46 The Assistant Surgeon shall b e present dur ing the fortnightly weighing of prisoners. He shall record each prisoner's weight in his weight char t and s hall pa rade, as soon afterwar ds as possible, for inspection by the Chief Medical Officer all prisoners who are losing weight to any noticea ble ext ent. 7.47 In cases when the subordinate medical establishment is small for the number of prisoners, or in cases where the medical work is heavy, a n officer of the executive sta ff of the prison may be deputed by the Superintendent of the prison to assist the Assistant Surgeon in carrying out the work of recor ding the weight of prisoners. Examination of Prisoners Complaining of Illness 7.48 Every prisoner complaining of illness, or appear ing to be ill, shall be sent to the prison hospital for immediate examination and further treatment by the Chief Medical Officer or, in his absence, by the - 64 - Ex-595/2017 Medical Subordina te. The facility of consult ing medical officers over the telephone may also be encouraged, where relevant. 7.49 On t he advice of the Chief Medical Officer, the Superintendent may t ransfer any sick prisoner to the local government hospital. For tr ansfer which is r equired on medical grounds to any specialised hospital outside the jurisdiction of the prison, the approval of the Inspector General should be obtained. If the Chief Medica l Officer is of opinion that prior a pproval of the Inspector General of P risons will take such time as will endanger the life of a sick prisoner, the transfer may be made in anticipation of sanction of the Director General/ Inspector General of Prisons. No prisoner should be allowed to stay in an outside hospita l except on gr ound of dire medical needs. In deserving ca ses, the opinion of Medical Boa rd constituted by the Chief Medical Officer of the district shall be obt ained while sending prisoners outside the prison on medical grounds. Diet of a Prisoner C ontr ol of Hospital Diets 7.50 The diet of prisoners in hospital shall be entirely under the control of the Chief Medical Officer who may either keep the prisoner on the ordinary prison diet, or ma y place him on one of the regular hospital diets, or may order any modifications of the prison or hospital diet, or may prescribe extra diet he may think necessar y, accor ding to the sca les of diet pr escribed, if any, under the rules. Preparation of Hospital Diets 7.51 Hospital diets requiring special prepar ation shall be cooked in the hospital kitchen, and the Chief Medical Officer shall examine the diet frequently and satisfy himself by weighing that the full quantities of the pr escribed a rticles are pr esent, a nd are well cooked. Precaution Regarding Milk 7.52 Special car e shall be taken with articles such as milk that ca n easily be adulterated or stolen. F resh milk shall be used, wherever it can be obtained, in preference to tinned milk. Milk shall be frequently test ed to ensure that it is pure. If the specific gravity of the milk supplied is below 1,025, the milk should not be accepted. Special Diet for P risoners not in Hospital 7.53 The Chief Medical Officer may recommend special diet for any pr isoner in the invalid group a fter recording reasons for recommending that in his register. Such recommendations shall not be made as a matter of routine. The Medical Subordinate ca n recommend the issue of special diet to a prisoner in the absence of the Chief Medical Officer, but he shall r eport t his to him and obtain his a p p r ova l. Is s u e of s p ecia l diet s ha ll a lwa ys b e in lieu of t he r egu la r diet t o which a p r is oner is ot her wis e eligible. If it is continued for more than a fortnight, it sha ll be reported to the Inspector General. The Chief Medical Officer owns the responsibility to economise the expenditure on this account and shall exercis e utmost care in recommending special diet to the prisoners. Indent for Hospital Diets 7.54 An indent s howing the number of hospital diets and extras required, shall be sent not later than by 9 AM every da y to the officer in charge of ration and car e shall be taken that diets a nd extra s reach the prisoners promptly. Emergent indents, in cases of urgency, may be sent at any hour of the day. This shall be generally a voided except in cases of extr eme urgency. Detention of a Prisoner for Observation 7.55 A pr isoner may be detained for observation in the hospital for 24 hours wit hout his name being noted down in any register if his disease has not been diagnosed. After the expiry of that period, whether or not his disease is diagnosed, his name shall be entered in the proper register. The number of prisoners - 65 -Ex-595/2017 deta ined under observation shall be recorded in the Hospital Roll and the treatment pr escribed for them in the prescription b ook. If the Chief Medical Officer finds a pr isoner to be ma lingering, he s hall at once report the fact to the Superintendent for punishment. 7.56 Prisoners who require menta l healt h care should be attended to b y an authorised medica l attendant. Medical Treatment of Sick Prisoners 7.57 Every prisoner suffering from any active disease shall be brought under medical tr eatment, either as an out-patient or a n in-door patient, and his name shall be recorded in the register of out-p atients in a prescribed form (Appendix - 3) or in the register of in-patients in a prescr ibed form (Appendix - 4). Maintenance of Case Book 7.58 The number of sick in hospital shall be daily recorded in the Hospita l Roll of Sick in a prescribed form (Appendix - 5). Their treatment and diet shall be recorded in t he Case Sheet in a prescribed form (Appendix - 6). 7.59 In a ddition to these recor ds, there shall be maintained in every hospital a case book in a prescr ibed form (Appendix - 7) in which the history of ever y case admitted into hospital shall be recor ded. 7.60 The case book is intended to be a contemporaneous recor d or diary of each pr isoner's symptoms, treatment and diet. All entries in it shall, therefore, be immediate and direct. The p ractice of keeping notes, to be afterwards copied into the case-book, is prohibited. 7.61 The entries in the case-book will usually be made by the Medica l Subor dinate, as symptoms appear or treatment is applied. T he Medical Officer will add notes of his own observations and or ders as and when he exa mines the patient. The Medical Officer sha ll see the case-book every day and initial the entr ies regarding each case in token of him having seen them. 7.62 As a genera l rule the entries in the ca se-book shall be made every day, but in chronic cases, where there is little or no change from one day to another, the Medical Officer may, by entry in his own hand in the case-book, record that daily entries are not necessary. Bathing of Patients 7.63 Prisoners who are not too ill shall be required to bathe daily, at a time the Medical Officer may dir ect. Proper Place of Washing 7.64 A pr oper place for washing and boiling dirty clothing and sheets sha ll be pr ovided. Blankets and work clothings too shall be fr equently washed in boiling wa ter. Cleanliness of the Hospital 7.65 Every hospital shall be kept clea n and well ventilated. The wa lls of the hospital shall be scraped and white washed once in six months, or mor e often necessary. Disinfections of Wards 7.66 A wa r d or a cell in which a ca s e of i nfect iou s dis ea s e ha s occu r r ed or b een t r ea t ed s ha l l b e immed ia t ely cleared thor oughly using disinfectants as prescribed. Explanation: Disinfestation shall be car ried out under the personal direction of one of the Assistant Surgeons to be nominated by the Chief Medical Officer. Allotment of Labour on Medical Opinion 7.67 When the Assistant Surgeon is of the opinion t hat the health of any prisoner suffers from employment of a ny kind or cla ss of la bour, he shall record such opinion in the prisoner's sheet and the prisoner shall not be employed on t hat labour. But he shall be placed on another kind or cla ss of la bour as the Chief Medical Officer may consider suitable for him. - 66 - Ex-595/2017 Duty of Assistant Surgeon on Occurrence of Death 7.68 The Assista nt Surgeon sha ll immediately report every death that occurs in t he prison to the Chief Medical Officer and shall assist him at the postmortem examination. He shall ensur e that the body is suit ably pr epared for bur ial/cremation before r emoval from the mortuary. Medical Aid to P r ison Officers 7.69 The Assista nt Surgeon shall, under the direction of the Chief Medical Officer, accord medical aid to all members of the prison establishment a nd others living on t he prison premises. To assist Medical Officer 7.70 He shall render assistance to the Chief Medical Officer by reporting to him all matters affecting health, such as: (i) Overcr owding (ii) Unsuitable, worn out or dirty clothing (iii) Neglect of p ersonal cleanliness (iv) Undue exposur e to wea ther (v) Unpu nctuality of meals (vi) Neglect to air-dry or clean clothes and bedding (vii) Unsuitable tasks. Appointment of Staff Nurse and Pharmacist 7.71 Staff nurses and pharmacists should be a ppointed as per the norms of the Sta te Healt h Services/ Medical Department. Duties of the Staff Nurse and the Pharmacists 7.72 The Staff nurses a nd the pharmacists shall obey the la wful or ders of the Chief Medical Officer and the Assistant Surgeon in all matters connected with t he medical work of the prison and of the Superintendent, Additiona l Superintendent and Jailer in other matters. 7.73 Their duties shall be to help the Assistant Surgeon in the maintenance of the healt h of the staff and prisoners by compounding and distributing medicines, vaccinating and weighing prisoners, performing cler ical wor k, maintaining order a nd discipline in the hospital and by carrying out s uch other duties as may be alloc ated to them by the Chief Medical Officer. Chief Medical Officer to Supervise Treatment of Out-patients 7.74 The Chief Medical Officer shall daily inspect the out-p atients regist er, and shall order the admission of a patient to prison hospital, if in his opinion the patient's medical condition necessitates such hospitalisation. The Medical Officer shall himself examine all outpatients at least once a week. 7.75 Prisoners suffering from only minor ailments sha ll be treated as out-p atients. The Chief Medical Officer shall be responsible tha t all other patients ar e admitted to the prison hospital. Under no circumstances prisoners suffering from dysentery shall be treated as out-patients. Assistant Civil Surgeons to Treat Out-Patients 7.76 Subject to the for egoing provisions, the examination and treatment of out-patients may be condu cted by Assistant Civil Surgeons. Treatment of Sick Prisoners in the Hospital 7.77 The treatment of sick pr isoners in the prison hospital shall be under over all supervision of the Medical Officer. If, in his absence, the Assistant Civil Surgeon takes any a ction for the treatment of a pr isoner, he sha ll record the action taken in his Report Book and submit it to the Medical Officer immediately on his return. - 67 -Ex-595/2017 Chief Medical Officer's Daily Visit 7.78 T he Chief Medica l Officer shall visit all prisoner s kept in hospital under obs erva tion every da y and shall decide whether a prisoner needs to be dischar ged from hospital. Supply of Hospital Clothing a nd Bedding 7.79 Every prisoner shall be su pplied with hospital clothing and bedding on admission to hospital. His convict clothing a nd bedding will be ta ken from him. T hese shall be returned to him on his discharge fr om hospital. Car e shall be taken that clothing and bedding are cha nged regularly to mainta in cleanliness, and that in cases of infectious disease all clothings and beddings are thoroughly disinfected. 7.80 Every patient in hospital shall be provided with a proper mattress, a pillow and white sheets. 7.81 If a ny epileptic is placed in a cell, he shall be provided with a ma t of a thicker pattern and shall s leep on the floor. He shall not be ma de to sleep on a raised masonry berth. Segregation of Infectious Cases 7.82 Every case, or suspected case, of infectious diseases shall immediately be segregated and the strictest isolation shall be maintained until the Chief Medical Officer considers it safe to discontinue the precautions. The Medical Officer shall give written instructions as to the clearing, disinfecting or dest roying of any infected clothing or bedding, and shall satisfy himself that the sa me are carried out. Segregation of Prisoners in the Prison Hospital 7.83 Cases of dysentery and diarrhoea shall be treated in a separate ward, if possible. Loose stool of such patients shall be disinfected and destroyed by fire. All wards, beds, bedding, clothes and latr ine vess els used by them shall be thor oughly disinfected. 7.84 Prisoners suffering from venereal diseases shall be segregated. 7.85 All cases of pulmonary tubercu losis shall b e segregated in special wa rds. All necessary precautions shall be taken to gua rd against the spread of infection t o other prisoners. 7.86 All cases with abnormally enlarged spleen shall have boundaries marked on the skin a nd shall be provided with some distinctive clothing. Care shall be taken that the spleen is not hurt. 7.87 Minor infectious diseases such as scabies, mumps, measles, etc. , must on no account be neglected. Segregation for the full period must be enforced. Cases of sca bies need not, as a rule be admitted into hospital, but segregated fr om other prisoners. 7.88 Prisoners showing signs of lunacy shall not, if they are dangerous, noisy or filt hy, be kept in the hospital but shall be kept in a separate cell. 7.89 In s ome cases, it may be consider ed for prisoners in hospital t o be given some employment. Light work shall, therefore, be provided for them. 7.90 Wher ever necessar y, cases of inmates shall be referr ed to s pecialised medical institution with the prior sanct ion of the competent author ity. Treatment of Malingerers 7.91 If the Chief Medica l Officer is of opinion that a prisoner is malingering he shall at once report the fact to t he Superintendent. No treatment shall be given to prisoners feigning illness. Treatment of Prisoners discharged from Hospital 7.92 Every prisoner on discharge from hospita l shall either be put to labour or placed in the 'Invalid Gr oup', as t he Chief Medical Officer may dir ect. Composition of the Invalid Group 7.93 The invalid group shall consist of: (i) Those who a re permanently incapa citated from performing hard or medium labour because of age, or bodily infirmity. T hey will be the permanent members of the gr oup, - 68 - Ex-595/2017 (ii) Those who have been dischar ged from hospit al as convalescents, but are temporar ily unfit to perform har d or medium labour, (iii) Men who ar e generally out of health even if not falling under the a bove two categories. This category shall include prisoners passed as fit for light labour only, prisoners exhibiting scorbutic or malaric scorbutic gums, prisoners found to be steadily failing in weight, and pr isoners who are anaemic. Treatment of the Invalid Group 7.94 Prisoners in the invalid group sha ll be given some light work suited to their strength and shall, as far as possible, be kept together for the pur pose of diet and observation, both by day and night . A register of s uch prisoners shall be kept a nd no pr isoner shall be placed in or dischar ged from this group without the permission of the Chief Medical Officer. They shall be examined daily by the Medical Subordinate, and once a week by the Chief Medical Officer. Procedure on Death of a Prisoner 7.95.1 The death of any pr isoner, which is a custodial death, s hall be handled as per the procedure laid down in the Code of Criminal Procedure, 1973, and the guidelines issued by the National Human Rights Commission from time to time. 7.95.2 Whenever the morta lity in the pr ison during a month exceeds 1% per annum, he shall recor d an explanation of the cause of such excess of morta lity in the monthly r eturn. In cases of unusual mortality, he shall make a special report on the subject for the government through the Inspector General. 7.95.3 The provisions of sub-rule (1) shall, with necessary changes, a pply to the ca se of a death of an officer of t he prison while employed on duty. 7.95.4 The record required by Section 15 of the Prisons Act, 1894 shall be made by the Chief Medical Officer in the case book. Regis tra tion of Birth or Death in Prison 7.95.5 The Jailer of Prisons shall send intimation of birth or death in a prison in writing to the Registra r of the locality appointed for the purpose under the Registration of Births and deaths Act, 1969 (Central Act XVIII of 1969). Death in Custody 7.97.1 Deaths of all pr isoners whose fingerprints ha ve been taken and if known in prisons, shall be intimated immediately to the Finger Pr int Bur eau. 7.97.2 When a military prisoner dies in prison, immediate report thereof shall be given to the Commanding Officer who sent him to the prison. 7.97.3 When a foreign prisoner dies in prison immediate report shall be sent to the District Ma gistrate of the district and the Inspector General for further communication to the government. The government shall infor m the embassy or the appropriate a uthorit y about the death. 7.97.4 Wher e a woman prisoner dies in pr ison and leaves a child behind, notice shall at once be sent to the District Magistrate of the district who shall make arrangements for fur ther ca re of t he child as may b e deemed fit. 7.97.5 Where a convict ed prisoner dies in pr ison his warra nt shall be returned to the court fr om which it was issued with an endorsement cer tifying the cause and date of death. Where a remand or an under-trial prisoner dies in prison, the court or courts in which the case or cases a re pending, against the deceased shall immediately be informed of the fact of death in writing. - 69 -Ex-595/2017 Recor ding of Death 7.98 Entr ies relating to the death of a prisoner shall be made in the concerned registers, in the History Ticket in detail and in the hospital records. All recor ds relating to the death of a prisoner shall be preserved for at least two years. Disposal of the Dead Bodies of Prisoners 7.99 The body of any prisoner, including that of a child r esiding with a female prisoner, who dies in a prison or in a civil hosp ital or asylum, shall be disposed (i) The body may be handed over to the relatives only after a post-mortem in the hospital, if available. For this purpose it may be kept in the hospital mortuary for 24 hours. (ii) If there is no chance of r elatives or fr iends reaching within 24 hours, the prison authorities shall dispose of the body in accordance with t he hospital rules. (iii) The delivery of a body to relatives or friends shall be subject to the conditions that there shall be no public demonstration of any nature in regard to its removal. (iv) The Superintendent of the prison in every case shall conduct an identification test to ensure that the dead body is the body of the particular prisoner and satisfy that the marks of identification mentioned in the convict r egister tally with those on the dead body and furnish a cer tificate to tha t effect in the regis ter. 7.100 The relatives of prisoners, if poor, ma y be pa id a maximum amount of Rs. 5000/- for transporting the dead body of the prisoner to their native place or for performing last rites. Intimation to inquiring Magistrates and Police Officers 7.101 Intimation of all deaths, including tha t of children residing with female prisoners, occurring from whatever cause in the prison shall be sent to: (i) the nearest Magistr ate empowered under sub-section (4) of Section 174 and 176 of the Code of C riminal Procedure, 1973 to hold inquests; (ii) the officer in charge of the police station having jurisdiction, who is required to make a preliminary investigation. (iii) National and State Human Right Commission within 24 hours of death. 7.102 The body of the deceased prisoner or the deceased child of the female prisoner shall be kept for inspection and orders of the officer holding the inquests. No prison officers shall be a member of a panchayat formed to express an opinion as to t he cause of death of a ny prisoner or deceased child of the female prisoner. Report on Death of Prisoners 7.103 A fu ll repor t on the circu mstances of the death of a prisoner shall be sent by the Superintendent without any delay to the Inspector General of Pr isons for submission to the government. Reports made by the police and magistrate, the nominal roll, cop ies of judgements, the reports required by Section 15 of the Prisons Act, 1894 and the deposition of witnesses with this r eport, shall be submitted. The post-mor tem exa mination shall be videographed as per the guidelines of the NHRC. Indent for Clothing and Bedding 7.104 The quantities of clothing and bedding required for hospital use shall be reported in fixed time by the Chief Medical Officer to the Superintendent who shall include them in the general indent as the case may be of prison clothing submitted for sanction by the Inspector General. Indent for Other Articles 7.105 For articles other than diet, clothing and bedding, the Chief Medical Officer shall indent by letter to the concerned authority of the Sta te Health Services. - 70 - Ex-595/2017 Local Purchase of Medicines 7.106 Loca l purchase of medicines will be effected by the Chief Medical Officer as per the norms laid down by the State Health Services. 7.107 The disposa l of other medical articles like clinical wa ste, medicines whose validit y has expired etc., will be dea lt in a ccordance with norms laid down by the State Medica l Services. Placing Indents for Supply of Medicines 7.108 The Chief M edical officer /Medica l Officer shall procure medicines r equired for the prison hospitals in a ccordance with the procedure laid down by t he State Medica l Services. Stock Verification by the Superintendents of Prisons 7.109 The stock verifica tion of medicines and medical instruments shall be carried out by the Chief Medical Officer/Medical Officer in accorda nce with the pr ocedure laid down in the State Medical Services. Appointment of Attendants and Training of Nursing Orderlies 7.110 For the pur pose of attending to sick pr isoner a few educated convicts of good conduct and undergoing long sentences sha ll be selected by the Superintendents in consultation with the M edical Officer and trained as nursing orderlies. A brief syllabus for their training shall be prepared as a guide to the Assistant Surgeons who, under the direction of the Medical Officer, shall be responsible for conducting such training. The number of convict s employed as nursing orderlies shall ordinarily be in the ratio of one for every ten patients. In times of epidemics and other emergencies this proportion may be increased and special orderlies may be allowed for very serious cases or for bed-ridden patients. C onvict nu r s ing or der lies , who p er for m t heir du t ies s a t is fa ct or ily, s ha ll b e a llowed ex t r a r emis s ion and gratuity at the same ra te and scale as prescr ibed for a convict night watchman. Appoint ment of prisoners to perfor m unskilled ta sks a t t he H ospit al 7.111 The Superintendent shall detail s ufficient number of convict to perform unskilled tasks duties at the hospital. S uch convicts shall wor k under the orders of the Medical Officer. Only prisoners serving long sentences, and who ar e of good conduct, shall be sent for such duties. Case Sheet 7.112 A case sheet and temperature chart shall be prepared as per the norms laid down in the State Medical S ervices. Vaccinations of Prisoners on Admission 7.113 Every prisoner admitted to prison shall be vaccinated on admission, or as soon as possible afterwards as per the norms laid down in the State Medica l Services. Va ccination Register 7.114 A vaccination register sha ll be maintained and the particulars of those vaccinated shall be entered in it a s per the norms laid down by t he State Medical Services. Medical Examination of the Members of the Staff 7.115 Medical exa mination of the members of the staff may be done at least once a year in consulta tion with the Superintendent of the Prison. Reports of such medical examination shall be kept in the office of t he Superintendent. Fortnightly Weighing 7.116 Care shall be taken that the fortnight ly weighings, under Section 35(2) of the Prisons Act, 1894, are done at approximately the same time of day to avoid as far as possible, the variations tha t natur ally take place throughout the day. - 71 -Ex-595/2017 7.117 Since no la bour is done on Sundays, Sundays will be most suit able for taking weights. When the number of la bouring prisoners is large, they can be divided into two groups, with each group b eing weighed on alterna te Sunda ys. Assistance of the pharma cist and a member of the executive staff deta iled by the Superintendent may be taken for the purpose. Explanation: The body weight varies to a certain extent from time to time under normal conditions. Therefore, small differences of weight up to 1 kg would not necessarily indica te that the weights were ta ken carelessly. Record of weights 7.118 The initial weight on admission to prison and the final weight before release shall be recorded in the Convict Register and these, as well as all the intermediate fortnightly weights, shall be recorded in the prisoner's Medical Histor y Sheet and weight chart. 7.119 Before recording the prisoner's weights, it shall be ascertained that the weighing machines are accurate. Treatment of Prisoners Losing Weight 7.120 All prisoners who have lost more than 1. 5 kg since the last fortnight ly weighing, or more than 3. 0 kg since admission to prison, shall be paraded with their weight charts for the inspection of the Superintendent and the Chief Medical Officer on the day following the day the weighing is done. 7.121 Special care shall be taken in case of pr isoners with a poor physique on admission, for whom even small loss of weight may be of serious concern. Check by Chief Medical Officer 7.122 The Chief M edical Officer shall, as soon as possible after the fortnightly weighing, check the weights of a dozen or more prisoners picked randomly to satisfy himself of t heir accuracy a nd shall recor d in his journal any remarks he may consider necessary. Chapter VIII CONTACT WITH OUTSIDE WORLD Reasonable facilities to be allowed for interviews and letters 8.01 Every prisoner shall be allowed reasonable facilities for seeing or communicating with, his/her family members, r elatives, friends and legal advisers for the preparation of an appeal or for procu ring bail or for arranging the management of his/her property and family affairs. He/she shall be allowed to have interviews with his/her family members, relatives, friends and legal advisers once in a fortnight.7 The number of letters a prisoner can write in a month shall be fixed by the Government under the r ules. 8.02 The same fa cilities shall be allowed to every prisoner commit ted to the prison in default of payment of a fine, or furnishing security under C hapter VIII of the Code of Cr iminal Procedur e, 1973, to enable him to arrange for payment of the fine or furnishing secur ity. 8.03 On admission, ever y prisoner should submit a list of p ersons who are likely to interview him/her and the interview shall be restricted to such family members, relatives and friends. T he conversation at the interviews shall be limited to private and domestic matters and there shall be no reference to prison administration and discipline and to other prisoners or politics. The nu mber of persons who may interview a prisoner a t one time shall ordinarily be limited to three. Privileges Contingent on Good Conduct 8.04 The contents of all letters shall be limited to private matters. Postage stamps may be allowed to be purchased for letters addressed by prisoners to their relatives in foreign countries at their cost. If the prisoners have no cash in credit, it shall be supplied at government cost in deserving ca ses, and at - 72 - Ex-595/2017 reasonable interva ls, at the discretion of the Superintendent of Pr ison. T he prisoners shall not be allowed to misuse su ch privileges. In addition to the number of letters allowed in a month the prisoners shall be allowed, if they so desire, a special letter in order to inform their friends or relatives of their transfer from one prison to another. This shall be in addition to the letters a llowed to them. Ex- prisoners and habitual prisoners, who apply to see their friends lodged in a prison may not be permitted such interview by the Superintendent unless and until there exist a genuine reason for such interview. 8.05 These privileges of interviews with visitors, a nd of writing and receiving letters, are contingent to good conduct. These privileges may be suspended or withdrawn by the S uperint endent of Prison on grounds of b ad conduct. Explanation (1): Every prisoner s hall be given the option of informing his/her family of his/her committal to the pr ison immediately on his/her admission, he/s he shall be pr ovided with a post car d or inla nd letter for this purpose. Explanation (2): A letter merely arranging an interview shall not be counted as a letter for the pur pose of this rule. Explanation (3): A prisoner may substitute a letter with a reply for a n interview or vice versa with the permission of the Superintendent. Explanation (4): Prisoners shall not be allowed to correspond with prisoners in other prisons. If, however, a prisoner has got his/her relatives in another prison, he/she may be per mitted to writ e to them, subject to the restr ictions contained in these rules. Superintendent's Discretion to Grant Privileges at Shorter Intervals 8.06 If he cons iders that s pecial or urgent gr ounds exist for such concession, the Superintendent may at his discretion, gra nt interviews or allow the dispatch or receipt of letters at shorter intervals than provided in spite of a prisoner's misconduct. This could be in the event of the pr isoner being seriously ill, or the death of a near relative, or when his/her friends or r elatives have come fr om a distance to see the prisoner and it would inflict undue hardship on them if they are refused an interview, or if the pr isoner is nearing release and wishes to secure employment, or for a ny other sufficient cause. Matters of importance, such as the death of a relative may also be communicated at any time to t he Superintendent who will, if he thinks it expedient, inform the prisoner about it. P risoners Allowed to Sign a P ower of Attor ney 8.07 Every convicted pr isoner may at the discretion of the Superintendent be per mitted to sign and attest a power of a ttorney or other statements/conveyances concerning his/her properties. Interview with Pr isoners in the Sa me Pr ison or in Hospitals Outside the Pr ison 8.08 Subject to the provisions of the above r ules, the Superintendent sha ll also permit interviews between men and women prisoners who are related to each other by marriage or blood, when they happen to be confined in the same pr ison, or when one is in the Central Prison and the other in the Special Prison for Women. If a prisoner is to be sent ou t of the prison for the purpose of s uch interviews, he/ she shall be sent under adequate escort.7 Sunil Batr a v. Delhi Administr ation (1980) 3 SCC: “ Visits to prisoners by family and fr iends are a sola ce in insulation, and only a dehumanized system ca n derive vicar ious delight in depriving pr ison inmates of this huma ne amenity”. Also, Francis Cora lie Mullin v. The Administra tor, Union Territory of Delhi and others, AIR 1981 SC 746: “Personal liberty would include the r ight to socialize with members of the family and friends subject, of course, to any valid prison regula tions and under Art. 14 and 21 such prison regulations must be reasonable and non-arbitra ry”. - 73 -Ex-595/2017 8.09 The Superintendent shall permit a prisoner, ot her tha n a condemned prisoner, to see a pr isoner in a hospital outside t he prison subject to the following conditions: (i)The prisoner in the hospital is a relative and is seriously ill (ii) The hospita l is situated in the same city or town (iii) The prisoner is sent under adequa te escort as t he Superintendent decides. (iv) The prisoner shall return to the prison immediately after seeing the prisoner in the hospital. 8.10 Provided that nothing contained in this r ule sha ll apply to persons detained under p reventive detention laws or prisoners who habitually commit offences punishable under sections 224, 376, 396 to 400, 402, 467, 471, 472, 474, 489, 489-A, 489-B and 489-D of the Indian Penal Code, 1860 and who are convicted under the above mentioned sections of the India n Penal Code, 1860. Superintendent's Permission for Interviews Requir ed 8.11 No prisoner shall b e allowed to ha ve an interview without the permission of the Superintendent of Prison. Such permission sha ll be r ecorded in writing. 8.12 Applications for interviews with prisoners may be either ora l or in writing. If the prisoner is not entitled to have a n interview, the applicant shall be informed at once. Waiting Rooms 8.13 Suit able waiting rooms may be provided in every prison to enable visitors to a wait their turn for interview. They ma y be given a token to await their turn. Interviews on Prison Holidays 8.14 Interviews shall not ordinarily be gr anted on Sundays and other government holidays. The Superintendent may, however, under very exceptional circumstances, grant interviews on these days as well. The reasons for granting such interviews on Sundays or Holidays shall be recorded by the Superintendent in the report book. Time for Interviews 8.15 The Superintendent shall fix the days and hours at which all interviews shall be allowed. No interviews shall be allowed at any other time, except with the special permission of the Superintendent. A notice indicating the interview hours shall be posted outside the prison. Place of Interview 8.16 Every interview sha ll take place in a special pa rt of the prison appointed for this purpose. If possible such a place should be at or near the main gate to ensure the safet y and security of prisoners. The interview room will have fiber gla ss partition with intercom facilities, so tha t the p risoners can ha ve a peaceful interview. The interview room shall be divided into cubicles and should have sound-proofing materials covering its walls and ceiling. However, the Superintendents of Prisons may allow well- behaved pr isoners to have fa ce-to-face interviews aft er giving due consideration to security and other related aspects. 8.17 Interviews with female prisoners shall, if pract icable, take place in the female enclosure/ward. 8.18 If a prisoner is seriously ill, the Superintendent shall permit the interview to take place in the pr ison hospital. A condemned prisoner sha ll ordinarily b e interviewed in his cell. 8.19 The Superintendent may, however, for special r easons to be recorded in writing, permit a n interview to take place in any other part of the pr ison. 8.20 The interview should be conducted twice a week according to alphabetical order of na mes. - 74 - Ex-595/2017 Prevention of Passage of Prohibited articles during interview 8.21 Screens or wire mesh partitions shall be put up, if necessary, between the prisoners and the per sons interviewing them, to prevent the passage or exchange of any prohibited articles between them. Interview to take place in the presence of a prison officer 8.22 Every interview with a convicted prisoner shall take place in the presence of an experienced pr ison officer, who sha ll be positioned a t a pla ce from where he can s ee and hea r wha t pa sses bet ween the prisoner and his interviewer and he shall pr event any article being passed between the two parties. A lady Ja iler, a Matron, an Assistant Matron or a female wa rder shall be present when female prisoners a re interviewed.Note: Every interview with a terrorist or militant, whether serving a sentence or kept a s an under- trial, prisoner, or a prisoner detained under Preventive Detection Laws, shall take place in the presence of a n Intelligence Officer or an Investigating Officer conver sant with the case aga inst the prisoner. An experienced prison officer shall also be pr esent during s uch int erview. Relatives and friends of such prisoners, who desire to interview them, shall produce a certificate from the head of the concerned Village Panchayat or a member of the State Legislative Assembly, as pr oof of their residence and relationship with the prisoners, or duly authenticated identity documents like a family r ation card, voters identification card, driving license and/or passport. Communica tion with or Visit to F oreign Nationa ls 8.23 If a ny foreign national is committed to prison, or to custody pending trial, or is detained in any other manner, the Superintendent of Prison sha ll, immediately infor m the Inspector General of Prisons. Any communication addressed to a Consulate, by a prisoner or detenue, shall b e forwarded to the Ministry of Externa l Affairs through proper channel without undue delay. Such communication shall be s ubject to scrutiny/ censor ship a s per rules. T he particu lars of incoming and outgoing let ters of a foreign national, if found objectionable shall be censor ed and also fur nished to the government. 8.24 Whenever Consulate Officials of a foreign country seek permission to visit or interview a prisoner for arranging lega l representation for them, or for a ny other purpose, the Superintendent of Pr ison shall infor m the Government of such request from the Consula te. Only on receipt of orders from the government t he Superintendent of Prison shall permit Consulate officia ls to visit the prisoner. Note: The r ight to interview a foreign nationa l in prison does not mean a private interview and does not include the right to inspect the living qua rters of the prisoner/detenue. This is also subject to general regulations regarding interviews in prisons. Termination of Interview 8.25 An interview may be terminated at any moment if the prison officer present considers that there is sufficient cause for terminating it. In every such case, the reasons for terminating the interview shall be reported a t once to the senior most prison officer present in the prison. Duration of Interview 8.26 Ordinarily, the time allowed for an interview shall not exceed half an hour. However, this may be extended by the S uperint endent of Prison at his discretion. Search befor e a nd after Int erview 8.27 Ever y prisoner sha ll be ca refully searched before and a fter an interview. Power s to refuse an interview 8.28 The Superintendent of P rison may refuse to allow any interview, to which a prisoner would ordinarily be entitled under these rules, if in his opinion it is not in public interest to allow a particular person to interview the pr isoner, or if, there are other sufficient reasons to refuse an interview. In ever y such case, the Prison Superintendent sha ll record his reasons for such refusal in his jour nal. - 75 -Ex-595/2017 Withholding of Letters and their disposal 8.29 Crit eria for withholding of letters of prisoners is as under: 8.29.1 Prisoners may be allowed to writ e letters only to their family members, relatives and close friends. Prisoners should also be allowed to cor respond with the counsels handling their ca ses. In case it is found that the prisoner is corresponding with undesira ble persons or receiving letters fr om them, or if any correspondence is found detrimental to the pr isoner's rehabilitation, such letters, both incoming and outgoing, shall be withheld. P risoners should be informed of such a ction without divulging the cont ents of the letters received. If necessary, they may also be warned in this regard. 8.29.2 There may b e no limit on the number of incoming letters to a prisoner. 8.29.3 Prisoners shall not be allowed to correspond with inmates of other prisons. However, if a prisoner has his/her relative lodged in a nother prison he may be permitted to send letters to them infor ming them to his/ her welfare. 8.29.4 The Superintendent of Prisons sha ll have the r ight to disallow letters to prisoners for reasons of security and discipline or during periods of emergencies, if he considers it necessary. 8.29.5 For the pur pose of these r ules applications sent by prisoners should not be treated as letters. 8.30 No letter shall be delivered to, or sent by a prisoner, until the Superintendent ha s satisfied himself that its tra nsmission is not objectionable. No letter wr itten in a secret language shall be allowed. The Superintendent may withhold any letter which seems to him to be, in any way, improper or objectionable. He may also cause such passages in the letters to be erased. If a letter is written in a local language a nd cannot be sa tisfact orily translated in t he prison concerned, it shall be sent to some other officer for translation, in accordance with the procedure la id down for this purpose by the Inspector Gener al of P risons. Subject to the approva l of the government, arrangements may also be made to send such letters for translation to other Government departments. If a letter is written in a language not ordinarily used in the State, it shall be sent for translation to the Criminal Investiga tion Department of the State. A slip marked Urgent shall be atta ched to any letter sent outside the prison for translation so that unnecessary delay does not take place in their translation and examination. 8.31 If a letter address ed to a prisoner is improper or objectionable it ma y be withheld under intimation to the prisoner and kept in the custody of the Superintendent of Pr ison, or it may be returned to the sender under intimation to that prisoner. The Superint endent of Prison may, if he deems it necessary, communicate the contents of such a letter to the prisoner. Pris oners May Keep Let ters 8.32 A pr isoner may retain any letter which has been delivered to him under due author ity. Supply of Wr iting Materials and Other Facilities 8.33 Writ ing material, including service pos t cards, shall be supplied in reasonable quantities to any convict, who has permission to write letters. All letters by prisoners shall be written at such time and place as the superintendent may appoint. A fixed day of the week, preferably Sunday, shall be set apart for letter writ ing. Service postage stamps shall also be provided to prisoners. 8.34 Prisoners shall be allowed to pu rchase writing materia l at their own expense. All notebooks provided to them should have their pages numbered to keep a check on their misuse and to prevent secret correspondence. Exclusion from Privileges 8.35 If a ny prisoner abuses any privilege relating to the holding of an interview, or writing of letters, or of communication with persons outside the prison, he shall be lia ble to be excluded from such privileges and may be subject ed to other r estrictions as the Prison Superintendent may consider necessary. Facilities to be granted to Under Trial and Civil Prisoners for Interviews and for writing and receiving letters - 76 - Ex-595/2017 8.36Under mentioned facilities may be granted to under trial an civil prisoners: 8.36.1 Under-trial and civil prisoners shall be granted all reasonable facilities to interview, or write letters to their fa mily members, relatives, friends, a nd legal advisers. 8.36.2 Every interview between a n under-trial prisoner and his legal adviser shall take place within sight, but out of hearing, of a prison official. A similar concession shall be allowed by the Superintendent in the case of an interview with any near relative of an undertr ial. 8.36.3 When any person desires a n interview with an under-tr ial prisoner in the capacity of the prisoner's legal adviser, he shall apply in writing, giving his na me and address and specifying the pur pose of the interview. He must satisfy the Superintendent of Prison that he is the bona-fide legal adviser of the prisoner with whom he seeks interview and that he has legitimate business with him. 8.36.4 Any bona-fide written communication prepared by an under-tria l prisoner as instructions t o his legal adviser (i. e. a legal pra ctitioner within the meaning of the Advocates Act, 1961 (Centr al Act XXVI of 1961) may be caused to be delivered personally to such legal advisor, or to his author ized nominee, by the Superintendent of Prison. If such communication is confidential it shall be delivered without being previously examined. 8.36.5 Civil prisoners may see their family members, friends, relations and legal a dvisers at such time, and under such restrictions, as the Superintendent may decide and the pr esence of a pr ison officer shall not be necessary. No such visitor shall, however, be allowed to take eatables without the permission of the Superintendent inside the pr ison Communications from a Prisoner who is a Member of the State Legislature or of Parliament 8.37 All communications addressed by a prisoner, who is a member of the State Legislature or of the Parliament, to the Speaker or Chairman of the House of which he is a member, or to the Chairman of Committee (including a Commit tee on Privileges) of such a House, or of a Joint Committee of both houses of the State Legislature, or of Parliament, shall be immediately forwarded by the Superintendent of prison to the government to deal with it in accordance with the rights and privileges of the prisoner as a Member of the House to which he belongs. Telephonic and Electronic Communication 8.38 The Superintendent of Prisons may allow a prisoner the use of telephones or electronic modes of communication on payment, to contact his family and la wyers, from time to t ime, in accordance with the Sta te policy. The prisoner can use this facility under the supervision of a prison officer to be des ignated by the S uper intendent. While permitting a p risoner the use of such facilit ies, the Superintendent shall ensure that such permission is not given to prisoners who have a recor d of unruly behaviour and bad conduct. Other Amenities Relating to Prisoners 8.39 A copy of t he rules relating to prisoners shall be placed in each cell and one copy of t he Do's and Don'ts for prisoners shall be given to them. An abstract of the rules shall also be displayed inside the prison gate and on the walls of important prison buildings. 8.40 All prisoners shall be allowed to receive soap, oil and tooth powder, fruits a nd sweet from their friends and relatives, subject to the condition that the quantity received is limited to their personal requirements for a fortnight and tha t a thorough examina tion of the articles, to be pa ssed to the prisoners, is done by a senior officer of the prison. Facilities for Appeal shall be explained 8.41 All relevant rules about appeals, and the facilities available in the prison for preparing and sending appeals, shall be explained to the prisoners at the time of their admission by the Welfare Offic er. - 77 -Ex-595/2017 Welfare Officer shall Record the Desir e of the Prisoner to Prefer an Appea l 8.42 Upon conviction, the Legal Aid Cell/ Clinic/ the Probation/ Welfare/ Rehabilit ation Officer shall ascertain whether the prisoner desires t o file an appeal or not and record it in the convict register and on the History Ticket of the prisoner and the prisoner shall be requir ed to sign the History Ticket or affix his left thu mb impr ession ther eon. T his sha ll be ver ified and confirmed by the Jailer and the Superintendent or Additional Superintendent at the time of the prisoner's physical verification. Superintendent to Forward Petitions of Appeal 8.43 Under section 383 of the Code of Criminal Procedure, 1 973, an appellant, who is in prison, may present his petition/appeal, and the documents a ccompanying it, to the Superintendent who shall, thereupon, countersign and forward them to the pr oper appellate court a t government cost. All such appeals shall always be sent by registered post. Application for Copy of Judgement 8.44 If the copy of the judgement is not received by t he prisoner, the Superintendent shall immediately addr ess the court, on his behalf, for sending it s transcript. In the event of any such transcript of the judgement being sent to the prison authorities for delivery to a prisoner by the appellate, r evisiona l or other court, the official concerned shall get it delivered to the prisoner and obtain a written acknowledgement thereof fr om the prisoner. If, before the receipt of the tra nscript of the judgement, the prisoner had been tr ansferred to another prison, or to the custody of any other officer, the transcript of the judgement shall on receipt, be forwarded without delay to the Superintendent of such prison or such officer, as the case may be. Till such time as the copy/transcript of the judgement is r eceived by the prisoner, the Superintendent of Prison sha ll ensure that a reminder for sending a copy of the judgement is sent to the concerned court every week. If the cop y of the judgement is not received within 1 month of forwar ding the application t o the court, the Superintendent of Pr ison shall detail a prison officer to visit the court persona lly and collect a copy of the judgement and have it deliver ed to the prisoner. Prisoners to be assisted in Preferring Appeals 8.45 Wher e the prisoner seeks help to file an appeal or revision petition, every facilit y for the excise of this right shall be provided to the prisoner by the Superintendent of Prison. If a prisoner desires to file an appeal and declares that he has no friends or r elatives or agents who can file an appeal on his behalf, he/she shall be pr ovided with writing ma terials and allowed to write his own petition or appeal. 8.46 If a prisoner cannot write, the Legal Aid Cell attached to the prison s hall prepare his/her appeal petition. T he Superintendent shall not be obliged to give assistance in the prepara tion of appeals of prisoners who omit to give notice of their intention to appeal before the period of limitation has expired. A prisoner, whose petit ion or appeal is writ ten by someone else on his/her behalf shall be given full opportunity of expressing himself/herself and his/her ca se shall, as far as possible, be recorded in his/her own wor ds. Printed for ms of a ppeal petitions shall not be used. Specia l Leave to Appea l 8.47 The procedure governing the submission of petitions of specia l leave to appeal is contained in r ules 1, 2, 3 and 4 of Order XIII and Rules 1 and 4 of Order XVIII read with Rule 2 of Order XXI of the Supreme Court Rules of 1950. These rules lay down that a petition for special leave to appeal should be dr awn up in the proper form and should be accompanied by the following documents: i. certified copy of the judgement of the court appealed from - 78 - Ex-595/2017 ii. An a ffidavit to the effect that notice of the intended petition for special leavet o a p p e a l h a s been served upon the respondents iii. An a ffidavit in support of the pet ition a s requir ed by Rule 4 of Order XVII of the Supreme Court Rules, 1950 iv. An application for condonation of delay in filling the petition, if it is present ed after the exp iry of the period of limitation prescribed by Rule 1 of Order XIII read wit h Rule 2 of Or der XXI v. Certified copies of the judgements of the lower cou rts. 8.48 The Superintendent shall communicate a lis t of prisoners of the following categories to the Duty Counsel, State Legal Services Authority at the High Cour t, and Legal S ervices at Supreme Cour t, in addition to conta ct ing with District Legal S ervices Authority on continuous basis, for pr oviding of legal aid and a ssistance to them: i. Under-tr ial prisoners who ar e old and infir m, including women who ar e pregnant or have babies to b e nourished ii. Under-trials who have spent more than t hree months in prisons and who have no means to engage a cou nsel iii. Persons arrested on suspicion under Section 41 of the Code of Cr iminal Procedur e Code, 1973 who have been in prison beyond a period of 15 days iv. Under-trials who, the S uperint endent has reasons to think, ha ve not completed 18 years of a ge and who should ordinarily be kept away from adults v. Any convict ed prisoner who has already filed an appeal through prison author ities, as provided in the Code of Criminal P rocedur e Code, 1973 and who has given in writing his/her desir e to avail free legal aid. The S uperint endent shall also supply information to the Duty Counsel regarding such appeal along with a copy of memorandum of a ppeal, if available vi. Pr isoners, or the members of their family, requiring lega l assistance in any civil or criminal matters. 8.49 Information regarding seeking of legal aid may be passed on by the Superint endent to the Duty Counsel if t he concerned pr isoner has given in writing his/ her desire to avail of free legal aid. If the Duty Counsel so desires, he/she may interview the prisoner with regar d to these matters. 8.50 The provisions which are a pplicable to petitions for Special Leave to appeal to the S upreme Court on behalf of the condemned prisoners, shall also apply to such petit ions on behalf of other convicts. Exclusion of Time Ta ken in Obta ining C opy of Judgement 8.51 The date on which a prisoner expresses his intention to appeal shall be entered at the appropr iate space in his/her History Ticket. The time between that date, and the date on which the copy of judgement is delivered to the prisoner, shall b e treated as the time required for obtaining a cop y of the order or sentence appealed aga inst, within the meaning of S ection 12 of the Limitation Act, 1 963 (Central Act 36 of 1 963). 8.52 The period allowed under the Limitation Act 1 963 (Central Act 36 of 1 963) for filing of appeals to different courts are as follows: Description of appealPeriod of limitation Limitation starts from (1)(2)(3) a Under the Code of Cr iminal Procedur e Code, 197330 daysThe date of the From a sentence of death p assed by a Cour t ofsentence Sess ion or by a High Cour t in the exer cise of its original criminal jur isdiction bFrom any other sentence or any order not being anThe date of the order of acqu ittalsentenc e or or der i. to the High Court60 daysThe date of the ii. to any other C ourt30 dayssentenc e or or der - 79 -Ex-595/2017 8.53 In order to enable the appellate courts to calculate the period of limitation prescribed for criminal appeals under the Limitation Act, 1 963 (Central Act 36 of 1 963), every appeal petition shall be endorsed with the following notice, signed by the S uperint endent of Prison : "The period requisite for obtaining a cop y of the order appealed against to be excluded from the period of limitation under section 12 of Limitation Act 1963 (Central Act 36 of 1963), was …… days." Delay in Preparing Petition to be Noted 8.54 If a ny delay has occurred in preparing the appeal or revision petition after the receipt of the copy of judgement, a note of such delay shall a lso be made on the appeal or revision petition. Maintena nce of Appeals Register by the Welfare Officer 8.55 The Welfare Officer shall maintain an Appeal Register in Form No. 8.1. He shall cause the register to b e placed before the Superintendent of Prison or Additional S uperint endent a s frequently as may be necessar y. Sta rting fr om the da te on which the pr isoner expr esses his/her desire to file a n appeal, till the da te of r eceipt of the order of the appellate court disposing of t he appeal, all such dates on which act ion is taken during the entir e process shall be entered in the Appeals Register and attested by the Superintendent or Additional Superintendent. This would include dates on which requisition for judgement copy is sent, the date of the receipt of judgement copy; the date of delivery of the judgement copy to the prisoner or other nominated party, and date of receipt of appeal from the prisoner. 8.56 The Superintendent or Additional Superintendent shall ensure that there is no delay in t he process of disposing of appeals/petitions. The Welfare Officer is directly responsible to the Superintendent or Addit ional S uperintendent in these ma tters. After for warding the a ppeals/petitions, the superintendent shall send reminders to the Clerk/Registrar of the appella te cour t as under: Session CourtOnce in 15 days High Court or Supreme Court Once in a month Notice of the Date of Hearing shall be Communicated to the Prisoners 8.57 When notice of the date of hearing of an appeal or petition is received, it shall be communicated to the convict who shall affix his/her signature or left thumb impression is token of receipt of such notice, on the notice. The notice shall then be attested by the Superintendent or Additional Superintendent and returned to the concerned court. Personal Appearance of the Prisoner in the Appellate Court 8.58 When notice to show cause why a prisoner's sentence should not be enhanced is received from the appellate court, t he prisoner shall be asked whether he/she wishes to apply for permission to appear in person before the court concerned. If he/she says so, the Superintendent shall for ward his/her application to the court for orders. Arrangements shall be made for his/her personal appearance in the court if such permission is granted. Appeal Procedure with Regard to Persons Convicted by Court Martial 8.59 No a ppeal lies from a sentence pa ssed by a cour t martial under the Army Act, 1950 (Central Act XLVI of 1950). The prisoner has a right to submit one petition only, against the judgement or sentence, for disposal by the highest a uthorit y to whom he/she is authorized to apply. His/her legal rights to s ubmit a petition and t he authority t o which a petition shall be a ddressed are explained to ever y accused at the time of the pronouncement of sentence. Such a petition shall be forwarded to the author ity to whom it is addressed. Appeals or petitions address ed to the Government of India, or to any civil authority, shall b e forwar ded to the Central Headquarters of t he concerned Armed Force for disposal. - 80 - Ex-595/2017 Recor d of the Result of Appeal 8.60 In every case in which a sentence is modified or reversed on appeal, the Superintendent of Prisons concerned, on receiving the warrant prepa red by the appellate courts in terms of the order passed, sha ll inform the prisoner of the decision of the appellate court and make a note of it in the History Ticket and the other connected records. The sentences sha ll be accordingly corrected and the revised dates of release shall be entered and got attested by the Jailer and the Superintendent or Additional Superintendent. 8.61 In every case in which a sentence is confir med on appeal, the Superintendent of P rison sha ll receive information to this effect from the Appellate Court. The confirmation of sentence or appeal shall be entered in the History Ticket and other connected records and attested by the Depu ty Superintendent and the Superintendent or Additional Superintendent. Communication of Appellate Orders 8.62 On receipt of an order disposing of an appeal, the purport thereof shall be communicated to the prisoner concerned in the presence of the Superintendent who shall enter on the order a certificate to the effect that it has been so communicated. Whenever a prisoner ha s been transferred before the receipt of orders on his/her appeal, such orders shall be forwarded, without delay, to the Superintendent of the prison in which the prisoner is confined. Record of the Appellate Order 8.63 The order and judgement of the Appellate Court, the cop y of the original judgement, and other connected r ecords, shall, be filed and kept along with the prisoner's warr ant. Chapter IX TRANSFER OF PRISONERS Reasons and Circumstances for Transfer 9.01 Prisoners ma y be tr ansferr ed from one prison to another for the following reasons: (i) For custody and treatment in a suitable institution in accordance with the classification procedure (ii) For attendance in court for the purpose of standing trial or giving evidence (iii) On medical gr ounds (iv) On humanita rian gr ounds, in the interest of their rehabilita tion (v) For post-release vigilance by the police (vi) For providing essential services (vii) On grounds of security, exp ediency, etc (viii) To be nearer to his/her home district (ix) For other special reasons, if any. Home State 9.02 In t he case of a prisoner, who has long ceased to have any link with the St ate of his bir th, and who is domiciled in the State where he is imprisoned and where his close relatives live, the latter State may be treated as his home State for the purpose of tra nsfer. T his sha ll be a scertained from his antecedents, or by enquir ies regarding his/her relatives, before deciding to transfer such prisoner. Powers of Inspector General 9.03 Inspector General of Prisons has following powers: 9.03.1 Subject to the order a nd control of the State Government, the Inspector General is author ized to sanction the tr ansfer of such prisoners as a re referred to in section 29 of the Prisoners Act, 1900 (except those under sentence of death), from one pr ison to another within the State. - 81 -Ex-595/2017 9.03.2 The powers to transfer any prisoner under sentence of death from one pr ison to another shall rest with the State Government. 9.03.3 The sanction of the Inspector General however will not be necessary for transfer of prisoners in the following cases, where the Range Deputy Inspector Genera l of Prisons and the Superintendent of P rison ca n order such transfer: (i) Transfer of prisoners required to give evidence or to undergo trial for an offence in another State (ii) Transfer of prisoners en-r oute (iii) Transfer of prisoner to a classified institution in accordance with a standing order issued for this purpose. Explanation: Copy of Intimation regarding the transfer of a prisoner in the above three circumstances shall, however, be submitted to the Inspector General immediately. (iv) Transfer of prisoners on a dministr ative grounds by Deputy Inspector G e n e r a l o f P r i s o n s / Superintendent of Prisons to prisons within t heir jurisdict ion. Transfer of sick Prisoners 9.04 Prisoners may be transfer red from one prison to another prison on following grounds: 9.04.1 No prisoner who is sick shall be transferred except for the benefit of his/ her health. 9.04.2 When the Medical Officer is of the opinion that the tra nsfer of a sick prisoner to another prison is likely to lead to his/her recovery, or will help in prolonging his/her life, he shall forward a brief statement of the case to the Superintendent, mentioning the prison to which a transfer is desira ble. The Superintendent shall thereafter submit the case to the Inspector Gener al for his orders. 9.04.3 The Superintendent shall, on a requisition in writing from the Medical Officer, s upply extra food, clothing and bedding to prisoners for such journeys. Medicines, with ins tructions for their use, shall if necessary, be supplied to the officer escorting such prisoner. 9.04.4 The Medical Officer shall be responsible to ensure that the medical case sheet of a prisoner is up- to-date at the time of his/her transfer. 9.04.5 No prisoner, who is incapa ble of ordinar y hard labour on account of age, sickness or infir mity, shall be r ecommended for transfer except under specia l cir cumstances. Prisoners convicted in the same case 9.05 Prisoners convicted in the same case may be tra nsferred to different prisons if, in the opinion of the Superintendent, it is absolutely essential to do so in the interests of discipline and maintenance of order in t he prison. Transfer of habitual prisoners 9.06 The Superint endent may apply to the Inspector General for transfer of a habitua l prisoner from the prison on t he ground that the prisoner is familiar with the locality a nd surr oundings because of previous imprisonment there or otherwise. However, the Inspector Gener al shall order transfer of such prisoners only in special ca ses, tr eating every such applica tion on its merit, and a fter satisfying himself that sufficient reasons for transferring the prisoner exist. Transfer of young offenders 9.07 Young offenders (in the a ge group of 18 to 21) admit ted to a prison shall be transferred to a suit able institutions for young offenders, under the orders of the Inspector General. They shall be transferred back to the pr isons of their origin after they attain the age of 21 year s if their sentence of imprisonment is not complete. Specia l arrangements must be made for them in such cases to cont inue getting the borstal treatment, till their normal release. - 82 - Ex-595/2017 Tra nsfer of prisoners convicted by civil courts of competent jurisdiction on recipr ocal basis 9.08 Every prisoner convicted by a civil court of competent jurisdiction in a State, other than that of his/ her origin, may be transferred to his Sta te of origin, if his unexpired portion of s entence is at least three months at the time of his transfer. He would be moved either to a prison in the district to which he belongs or to a prisoner nearest to his na tive place. In the case of any such prisoner to be transferred to his native State, the Superintendent of Police and the P robation/ Welfare/ Rehabilitation Officer of t hat district of the state shall confirm the fact tha t the pr isoner is native of that district of the state. 9.09 In the ca se of any such prisoner t o be transferred to another Sta te, the Superintendent of the prison, where the prisoner is confined, shall obtain from the prisoner a written declara tion giving deta ils of his addr ess as also addresses of his relatives in his State of origin and send a nominal roll to t he Inspector General of Prisons of that State. The Inspector Genera l shall also ascertain the name of the prison, in the State of origin to which the prisoner has to be transferred from the Inspector General of that State a nd then issue orders for the transfer of the prisoner. Explanation: (i) Due consider ation shall be given to the wishes of a prisoner regar ding transfer to his home State, unless there are adequate r easons against it - for instance, his being out of mind or obstreperous or an aged parent wishing to be able to see his children during the last days. Explanation: (ii) The transferring State shall bear the cost of transfer of the prisoner. The cos t of maintenance of the prisoner shall be borne by the Sta te of his origin from the da te he is received. Explanation: (iii) The prisoners' property and wages earned by him in the pr ison till the date of his transfer sha ll be sent, along with the pr isoner, to the prison to which he is transfer red. Tr ansfer of pr isoners convicted by court martia l overseas or in India on reciprocal basis 9.10 Every ex-military prisoner convicted by a court martial overseas, or in India, and confined in any prison, other than a prison in his State of origin, may be tr ansferred to a prison in his State of origin. The Superintendent of Prison, where the prisoner is confined, shall immediately after his admission, send the nominal roll and writ ten declaration of the ex-military pr isoner in duplicate to the Inspector General, who sha ll, in consult ation with the Inspector General of the Sta te of or igin of the prisoner, decide that the prisoner shall be tra nsferred and issue orders to this effect. The Inspector General of Prisons shall a lso entertain r equests from prisoners of his State confined in pr isons of other states, and after proper verification by the Superintendent of Police of the district to which the prisoner belongs, inform the respective Inspector General about the prisons to which such prisoner should be transfer red. Explanation: (i) Ex-milita ry prisoners should be transferred immediately to their Sta te of or igin irrespective of the unexpired portion of their sentence. Explanation: (ii) T he cost of maintenance of ex-military prisoners shall be bor ne by the States of their origin from the date they are received in their prisons and the cost of transfer should be borne by the Centr al Government from the Defence Service Estimates. Transfer of prisoners prior to release 9.11 Every habitual prisoner, police registered prisoner, prisoner ordered to pay a fine, a pr isoner required to notify residence subsequent to his release, a person ordered to undergo impr isonment in default of furnishing security for maintaining peace or good behaviour, a prisoner with mental health concerns, and a female or young offender, if confined in a distant prison, shall be transferred to the pr ison near est to his home, one clear week before the date of the expiry of his substantive sentence. 9.12 The prisoners so t ransfer red sha ll be confined in the outer quarantine block of the receiving pr ison and released therefrom. The release list shall, however, be sent by the Superintendent of the transferring prison to the Superintendent of Police of the district in which the prisoner will be released one month pr ior to his transfer. - 83 -Ex-595/2017 9.13 This provision is subject to the condition that the prison to which the transfer is or dered is on or near the route which the prisoner would ordina rily take to his home and cont ains accommoda tion for his reception. 9.14 The provisions of this rule may be relaxed in the case of prisoners willing to receive help from the loca l Discharged Prisoners' Aid Society on release, and for habitual and police registered prisoners, and for those who ar e leprosy patients. Transfer of prisoners belonging to other States 9.15 Prisoners belonging to other States may be transferred on following grounds: 9.15.1 As a gener al rule police registered criminals, not being na tives of the S tate in which they a re undergoing sentence, shall be removed, without regar d to their wishes in the matter at a ny time if they are sentenced to imprisonment for three months or less, and two months befor e their release if they are sentenced to impr isonment for more tha n three months, either to the prison of the district to which they belong or to the prison nearest to their native pla ce, provided that such prison is declared by the State Gover nment concerned as the receiving depot for prisoners removed from the State. A prisoner sentenced to more tha n three months of impr isonment shall be transferred to a prison in his home district earlier than two months if he is willing, or if there are adequate reasons requiring such transfer. All such cases, as mentioned above, shall ordinarily be intimated by the police to the Superintendent of Prison in the form of a Police Registered Slip. When a Police Registered Slip is received, the details to be filled in at the prison shall be completed a nd the slip atta ched to the prisoner's warrant and sent with him to any prison to which he may be transfer red. At the same time an entry of the letters "P.R.T.", signifying Police Registered Prisoners for Transfer shall be ma de in red ink in the Convict Register and Register of Prisoners to be released. The Superintendent shall forward to the Inspector General a nominal roll of such prisoner wit h an application for his transfer one month before the date on which the tra nsfer is to be effected in accordance with the rules. The Inspector General is authorized to order the remova l of such prisoner, a s required above, and shall pass a formal order sanctioning the transfer in consulta tion with the Inspector Gener al of t he Sta te with the consent of that Government to which t he prisoner is to be removed. On the death or escape of a Police registered prisoner, the Police Registered Form attached to his warr ant sha ll be returned to the Superintendents of Police of his district with an endorsement showing the date of his death or escape. Similarly any prisoner, whose detention in a pr ison of the Sta te in which he is undergoing sentence, is deemed inexpedient; he ma y be removed with the pr evious consent to the Inspector General of the State and the Government of that State to which it is proposed to remove him. 9.15.2 Police Registered Prisoners for transfer (or briefly P.R.T. Prisoners) belonging to Jammu and Kashmir, Nepa l and Bhutan shall be transferred to the prisons in India nearest to their native pla ces, at any time not exceeding two months prior to their release. The prisons to which they are to be transferred being decided in consultation with the Inspector Genera l of Prisons of the respective State, and after verification of the facts. Intimation regarding release of P.R.T. Prisoners belonging to Jammu and Kashmir shall b e sent direct to Jammu and Kashmir Government. In the case of P.R. T. prisoners belong to Bhutan and Nepal, such intimation shall be sent to the Governments of these countries through India's Political Officers or the Indian Embassy, as the case may be. Transfer during epidemics 9.16 Prisoners shall not be tr ansferr ed while cholera or a ny other epidemic disease is present in either the transferring or the r eceiving prison. Transfer along a route where cholera or any other epidemic is prevalent, shall also be avoided as far as possible. - 84 - Ex-595/2017 Grounds of re-transfer to be state 9.17 When a prisoner has been transferred for any special reason by the Inspector General, the Superintendent shall, bring to notice the special reason for which the origina l transfer was made when proposing the r e-transfer of such prisoner. Police to escort prisoners 9.18 Police escor t to the prisoners is given on following grounds: 9.18.1 The responsibility of escorting prisoners rests with the police. The Superintendent of Pr ison shall endeavour to reduce the ca lls upon the police as far as possible, by transferring prisoners in batches. Pr isoners shall not ordinarily be dispatched so as to reach the prison of destina tion on any of the recognized holidays for prisons. If such a contingency is likely to arise due to unavoidable circumstances, the Superintendent of the transferring prison shall forward a written request to the Superintendent of the receiving prison. The Superintendent of the receiving prison shall, however, entertain such admission on holidays even in the absence of any such request, but bring the irregularity to the notice of t he Inspector General of Prisons. 9.18.2 The author ities a t the transferring prison shall, as far as possible, avoid sending pr isoners of different categories in the same batch. However, if circumsta nces ma ke this unavoidable, they shall give clear instructions to the officer in charge of the escort to prohibit communica tion amongst such prisoners. Application for escort 9.19 When prisoners a re to be tra nsferred, the Superintendent sha ll apply to the Superintendent of Police of the distr ict where the Centr al Prison is located, sufficiently in advance for the requisite guard, intimating the number of prisoners and the date and hour of their intended dispatch and the station they are being tra nsferred to. Precautionary measures 9.20 Crit eria for precautionary measures is as under: 9.20.1 Full details of the following types of prisoners shall always be supplied to the escorting party before they are handed over to the police by the Superintendent of the tr ansferr ing prison, namely: (i) Prisoners with sentence of five years and a bove (ii) Prisoners whose conduct in prison is bad or who have been found to be dangerous (iii) Prisoners involved in heinous offences. (iv) Prisoners sentenced under section 224 (Indian Penal Code, 1860), and those who are known to ha ve escaped or ha ve attempted to escape in the past. (v) Any ot her important information. 9.20.2 The District Collector, S uperint endent of Police and the Superintendent of Prison shall be informed in a dvance when pr isoners likely to attract public attention and cause a stir are being transfer red. Provision of Female Warders 9.21 When a female prisoner is transferred, a female Warder/Woman Police Constable shall accompany her. But, her presence does not relieve the responsibility of the police for the safe custody of the prisoner in transit. Intima tion of prisoners tra nsferred to be given 9.22 The Superintendent shall furnish to the officer in charge of escort a memorandum showing the number of p risoners being dispatched, their sta te of health, the route they are to take, a nd the date of dispatch. He sha ll also send a ll these details to the Superintendent of the receiving pr ison, a long with the pr obable date of their a rrival well in advance, and if necessary, by telegram. - 85 -Ex-595/2017 Procedure prior to transfer 9.23 The Superintendent shall, befor e transferring a pr isoner, verify all t he entries regarding him/ her and cer tify on the ba ck of the warr ant, the number and date of the order directing the transfer and the date of transfer. Dispatch of prisoner's property 9.24 Prisoner's property is transfer red: 9.24.1 On the tra nsfer of a prisoner, the Jailor/Deputy Superintendent of the dispa tching prison shall get a list of the prisoner's property prepared in triplicate, as entered in the Convict Register, and obta in the signature of t he officer in charge of the escort for the property on the counterfoil as a token of receipt. The duplicate a nd triplicate forms, the for mer signed by the Jailor of the dispatching prison, together with the property, shall be given to the officer in charge of the escort to be handed over to the receiving prison, wher e the duplicate list s hall be retained and filed. T he triplicate shall be signed by the Ja ilor of the receiving prison and handed over to the officer in charge of the escort. 9.24.2 If it is found that there is any discrepa ncy in the cash, jewellery or property, immediate notice of the same shall be given to the Superintendent of the dispatching prison who shall begin an enquiry into the matter. Documents to accompany prisoners 9.25 The following docu ments relating to each transferred prisoner shall be given to the officer in charge of the escor t to be delivered to the Superintendent of the receiving pr ison namely: (i) His/her original warrant or warr ants du ly endorsed (ii) A copy of the committing court's judgement, if a vailable, the order of any appellate court and of the government on any petit ion ma de by the prisoner (iii) A nominal roll (iv) His/her history ticket (v) His/her remission sheet, if any (vi) His/her medica l case s heet (vii) Duplicate and triplicate lists of all pr ivate property belonging to the prisoner (viii) A list of clothing, bedding and other government property sent with the prisoner. 9.26 The total amount of remission earned by every tra nsferred prisoner up to the end of the preceding month shall be endorsed on his/her History Ticket, remission sheet a nd on the warra nt, and the entries shall be signed by the Superintendent. The Jailor of the transferring prison shall be responsible that the above information is duly and correctly supplied and t hat all documents to a ccompany the prisoners a re corr ectly sent. Prisoners to be searched before dispatch 9.27 Every prisoner shall be searched in the presence of the Jailer and escort par ty befor e dispa tch. Supply of food and clothing on journey 9.28 Every prisoner, during transit , shall be allowed to wear his priva te clothing. Whenever the private clothing of a prisoner ha s been destroyed or sold, he/she sha ll, on transfer, be pr ovided with civilians clothing at government cost. 9.29 Subsistence allowance shall be paid to all remand and under-trial prisoners, at rates as fixed by government from time to t ime. Duty of the escor ting officer 9.30 The officer in cha rge of escort shall s ee that prisoners do not communicate with outsiders and have no opportunity of obtaining forbidden articles, including cash, from their fr iends or relatives while - 86 - Ex-595/2017 in transit. During the transit period, the prisoner shall not be allowed to handle any cash, jewellery or other private pr operty, except his/her private clothing. 9.31 If a ny breach or neglect of duty on the part of t he officer in charge of escor t is noticed, the Superintendent of the r eceiving prison shall send a report to the Inspector General of Prisons. Not to be admit ted to Centra l P risons en r oute 9.32 Prisoners in transit shall not be admitted into C entral Prisons. They may however be a dmitted to a transit yar d if such a fa cility is attached to Central Prisons for the purpose. Custody of females and juveniles 9.33 During transit, female and young offenders shall be separated from adult male prisoners. Search during transit 9.34 Male prisoners sha ll be searched by the officer in cha rge of the escort daily during transit. Transfer by rail or water 9.35 Prisoners shall ordinarily be transferred by rail where facilities for travel by rail exist. The fares of prisoners a nd of the warder, if any in charge, shall be included in the ra ilway warrant prepared by the Police Department. The accommodation to be provided shall be of the lowest class. 9.36 When prisoners are to be transferr ed by r ail, timely notice sha ll be given to the police of the intended date and hour of dispatch with a view to make suitable arrangements with the railway authorities for their safe custody in transit, and for the provision of necessary accommodation. Transfer by road 9.37 The police escort party, which is transporting prisoners by r oad, shall provide necessary conveyance even for a shorter distance. Taking int o consideration the sa fety and secur ity of the prisoners, the police shall chalk out the routes and places of halt, in advance. Any accident on transit should be promptly intimated to the Superintendent of the Prison from where the prisoner has been moved. Procedur e if pr isoner fa lls sick 9.38 If, during such tra nsfer by road, a prisoner becomes so ill as to be unable to continue his/her journey, he/she shall be taken to the nearest hospital, or to any place where there is a public dispensary, for treatment by a Medical Officer. A report of the circumstances shall immediately be made to the Superintendent of the dispatching prison and of t he prison to which the prisoner was being moved. Pr ocedure in case of death of a pr isoner in tra nsit 9.39 When a prisoner dies in transit, the officer in charge of the escort shall at once report the circumstances to the near est police sta tion, which in turn will inform the judicial Magistrate. The Executive Magistra te shall enquire into the ca se and s ubmit his/her report directly to the Inspector General and shall a rrange for the disposal of t he dead body. T he officer in charge of the escort shall also intimate the death of a prisoner to the S uperintendent of the prison to which the prisoner was being transferred, and the Superintendent of the transferring prison immediately. The la tter shall inform the deceased prisoner's relatives, the Government, and the Na tional Human Rights Commission, of the death of the prisoner. Proc edure if prisoner escapes 9.40 If, during t ransit, a prisoner escapes, intimation shall at once be given by the officer in charge of the escort to the near est police sta tion to enable them to take steps for recapture of the pr isoner. The Superintendent of the prison to which the convict was being taken and of the transfer ring prison, - 87 -Ex-595/2017 shall also be informed of the escape, and the latter shall take the prescribed measures for the prisoner's re-appr ehension. On r ecaptur e such a prisoner shall be sent t o the prison from where he was originally being transfer red. Admission of transferred prisoners 9.41 On arrival at the receiving prison, the usual procedure for the admission of prisoners shall be followed. T he Superintendent shall satisfy himself that the cor rect nu mber of prisoners has been received and that they have been properly fed and cared for dur ing transit. Verification of lists accompanying prisoners 9.42 When the authorized prison officer of the receiving pr ison ha s satisfied himself that the prisoner's docu ments and property have been cor rectly received, he shall countersign the memora ndum and the triplicate copy of the list of property and shall return them, together with any clothing and item issued at government cost, to the transferr ing prison. Facilities in the matter of letter writing 9.43 Special facilities for writ ing letters to family, before and aft er transfer, ma y be extended to prisoners at the discretion of the Superintendent of Prison. Stationer y for the same shall be provided by the prison authorities. Chapter X REPATRIATION OF PRISONERS 10.1 A number of Indian prisoners are lodged in various countries undergoing their sentences while, a number of foreign prisoners are similarly lodged in Indian pr isons (Current number of for eign prisoners is 2,495 as per NCRB Prison Statistics 2014). These prisoners are unable to meet with their families due to long distances and this loss of conta ct with family members hinders their rehabilitation and reformation. Such prisoners may be brought back for undergoing the remaining period of t heir sentences under the var ious bilateral and multilateral agr eements entered into by India, through the process of repatr iation under the aegis of Repatria tion of Prisoners Act 2003 and Repatriation of Prisoners Rules 2 004. 10.2 Presently, India has entered into bilateral agreements with 27 countries (listed below) and has also acceded to one multilateral tr eaty i.e the Inter-American Convention on Serving Criminal Sentences Abroad (IAC), which is signed by the Member States of the Organisation of American States (OAS) but is also open to accession by non-OAS countries. Currently, India has functional arrangements with 36 countries (20 countries under bilateral agreement and 16 countries under Inter-American Convention on Serving Criminal Sentences Abroad) for tr ansfer of sentenced persons. These countr ies are United Kingdom, Mauritius, France, Bulgar ia, Egypt, South Korea, Saudi Arabia, Bangladesh, Sri Lanka, Cambodia, Israel, UAE, Iran, Italy, Maldives, Turkey, Thailand, Russian Federation, Kuwait, Hong Kong Special Administra tive Region a nd Argentina, Belize, Canada, Czech Republic, Chile, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Nicaragua, Panama, Paraguay, United States, Uruguay, Venezuela. Out of these, India has operational agreements with the following 20 countries: United Kingdom, Mauritius, Bulgaria, France, Egypt, Sri Lanka, Cambodia, South Korea, Saudi Arabia, Iran, Bangladesh, Israel, UAE, Italy, Turkey, Maldives, Thailand, Russian Federation, Kuwait and HKSAR. Indian prisoners undergoing a sentence in the prisons of these countr ies may be brought back in terms of these agr eements, and nationa ls of such countries can be repatriated to their native countries in accordance with the agreements. - 88 - Ex-595/2017 10.3 India has a lso acceded to multila teral convention of t he Orga nisation of American States a regional orga nization having 35 member States). The Inter American Convention on Serving Criminal Sentences Abroad was adopted on 9th June 1993 a nd came into force on 12th April, 1996. It is a multilatera l treaty, which lies under the framework of Organisation of American Sta tes. India is also in t he process of a cceding to the Council of Eur ope Convention on Transfer of Sentenced Persons. The Council of Europe Convention on Transfer of S entenced Persons came into being on 12th April, 1983 and is effective since1 July 1985. So far, the total 64 countries have ratified the convention. Out of these, 45 countries ar e the member States of the Council of Europe - Alba nia, Andorra, Armenia, Austria, Azerba ijan, Belgium, Bosnia and Herzegovina, Bulgaria , Croa tia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithua nia, Luxembourg, Malt a, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, Russia, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Turkey, Ukraine and United Kingdom. The r est 19 countr ies na mely, Australia, Bahamas, Bolivia , Cana da, Chile, Costa Rica , Ecuador, Honduras, Israel, Japan, Korea, Mauritius, Mexico, Pa nama, P hilippines, Tonga, Trinidad and Tobago and United St ates of America, Venezuela a re nonmember states of the Council of Europe (C oE). 10.4 The procedure for processing such repatr iation requests is br iefly described below and is detailed in guidelines issued by way of Advisory by MHA on 10th August, 2015: a ) The request for tra nsfer should be made by the pr isoner or anyone acting on his/her behalf voluntarily. b) This request should be for warded by the prison a uthorit ies of the cou ntry where he is lodged to the prison a uthorit ies of t he country where he is to be repatria ted. c ) The prisoner should be undergoing a sentence after being convicted by the court of law for an act which is a n offence in both the countr ies i. e. the Tra nsfer ring country as well as the Receiving country. d) There should not be any other cases pending in a court of law at the time of making such a request and the prisoner should not be wanted in any other proceedings by any invest igating agency. e ) At least 6 months period of his sentence should remain for such request to be considered. f) On transfer the prisoner would undergo either the remaining period of his sentence or his sentence would be adapted in terms of existing provisions of la w in the Receiving country without aggravating the period of his sentence. The period of sentence so adapted should closely be in line with t he sentence awarded to him in the court of law in the country where convicted and can be modified to bring it in line with similar provisions in the Receiving country. All the Missions of the country abr oad and the prison administrations in the State have been appr ised about the guidelines for repatriation of eligible inmates who can be considered for such repatriations. Chapter XI EXECUTION OF SENTENCES Method of calculating a sentence 11.01 The duration of a sentence shall be calculated in calendar year s, months, a fortnight , a week or days. The term 'year' means a year according to t he Brit ish calendar, a 'month' means thirty days, a 'fortnight' means fourteen days and a 'week' means seven days. 11.02 When a prisoner's sentence includes a fr action of a month, the date of release shall be ca lculated by reducing such fraction to days. A month, for this purpose, shall consist of thirty days. F or example, if a prisoner is sentenced to one and half months' impr isonment on 2nd Februa ry. The date of his release sha ll be 16th Ma rch. - 89 -Ex-595/2017 Serving of s entences 11.03 In whatever order the sentences are served, a prisoner is liable to serve the aggregate of the terms of all t he sentences, provided that under no circumstances shall a prisoner be detained in prison beyond the period indicated by the terms of the war rant of commitment. 11.04 In case of doubt, a s to the order in which the sentences shall take effect, instruct ions sha ll be taken from the court imposing the last sentence. Commencement of, and breaks in, imprisonment how reckoned 11.05 In calculating the date of expir y of a sentence of imprisonment in a criminal case, the day on which the sentence was pa ssed and the day of release shall both be included as days of impr isonment. A prisoner who is punished till the rising of t he court only, shall be released from the court itself and not admitted to prison. In the case of a prisoner who is punished till the rising of the court and is awar ded another sentence on the same day, the latter sentence shall start from the date on which the sentence is awarded. If a pr isoner is sentenced to imprisonment for 24 hours, he must be kept in prison for the exa ct number of hours. In such cases, the sentence shall be deemed to commence from the hour indicated in the warrant. Prisoners sentenced to one day's imprisonment shall be admitted in prison a nd released on the same day. Example 1: A prisoner sentenced on 1st January to one month's imprisonment shall be released on 31st Januar y and not on 1st February. Example 2: A prisoner sentenced on 28th Februar y to one month's impr isonment shall be released on 27th Ma rch. Illustration 3: A prisoner sentenced on 1s t Janua ry to one day's imprisonment shall be released on the same day. But if he is sentenced to imprisonment for 24 hours he shall be kept in confinement for that period and not r eleased before the hours are up on 2nd January. 11.06 The period of imprisonment to be undergone shall be reckoned fr om the date on which the sentence is passed, except in ca ses which fall under sections 31, 426 and 427 of t he Code of C riminal Procedure, 1 973, where the directions of t he Court shall be followed. Explanation: In the case of a prisoner sentenced to impr isonment in default of fine, the period of imprisonment shall be reckoned from the day on which he was rearrested for failing to pay the fine imposed. 11.07 If the month in which the sentence of a prisoner expires has no date corresponding to the date of sentence, the last day of the said month shall be taken as the day of expiry of sentence. The same principle shall apply when the sentence is reduced due to reduction in sentence or payment of fine or grant or remission. Date of release when two or more sentences run consecutively 11.08 When a prisoner is sentenced to t wo or more periods of imprisonment t o be served consecutively, the date of release shall be calculated considering both terms as one. Example 1: A prisoner sentenced on 21st November, 2000 to two substantive terms of imprisonment of one year each shall be released on 20th and not on 1 9th November 2002. Example 2: A prisoner is s entenced on 1st Janua ry to t wo months impr isonment and a fine of Rs. 200 or, in default, to one month's imprisonment. If the fine is not paid, he shall be released on 31st March, but if the fine is paid, then on the last day of February. Date of release in the case of prisoners sentenced to imprisonment for life 11.09 The imprisonment for life technically means impr isonment for the whole life. The sentence of all prisoners sentenced to imprisonment for life or to more than twenty years imprisonment in the aggregate, shall, for administrative purposes of calculation of the normal date of release, be deemed to be sentences of impr isonment for twenty years. - 90 - Ex-595/2017 11.10 If a sentence of death is commuted to one of imprisonment for life, or imprisonment for a term, the sentence of imprisonment for life or imprisonment for a term shall be deemed to commence from the date on which the sentence of death was passed. Unexpired Sentence of an escaped convict 11.11 In the case of an escaped pr isoner, subsequently arrest ed in connection with another offence, any period spent on that account in police custody, or as an under-trial pr isoner, sha ll not be reckoned as imprisonment under the origina l sentence. 11.12 Necessary entries shall be made in the Register of Prisoners to be released in pla ce of t he original date of release in respect of all such prisoners. Date of r elea se of prisoners sentenced for escape 11.13 If a prisoner receives a s entence for es cape fr om prison the date of relea se sha ll be re-ca lcula ted in accordance with Section 426 of the Code of Criminal Procedure, 1973 a nd entered in the Register of Prisoners to be released in place of the original date of release. Periods that will not count towards sentence 11.14 In the following cases, the period spent by pr isoners outside the prison, known a s at la rge period, shall not count towar ds sentence: (i) Escape. (ii) Bail. (iii) Suspended period of sentence, including emergency leave. (iv) Unauthorized extension of tempora ry release. (v) Suspended period of sentence if dir ected by the court. (vi) Suspension of sentence for police investigation. (vii) Viola tion of conditional release. (viii) Ex tradition. 11.15 A pr isoner released on ba il in court on the day he is sentenced wit hout ha ving been sent to prison, shall not be deemed to have served any pa rt of his sentence. 11.16 Convicted prisoners removed from a prison in one State to a prison in another State under the provisions of the Transfer of Prisoners Act, 1 950 (Central Act XXIX of 1 950) shall be deemed to be undergoing their original sentence in the prison where they have been transfer red. 11.17 When a conditiona lly released prisoner is r eadmitted in prison owing to an infringement of the terms on which he was released, the unexpired por tion of his sentence shall be carried out without wait ing for the receipt of the government orders, which shall be applied for through the Inspector General immediately on admission of such prisoner. In such cases, the unexpired portion of sentence shall be deemed to have commenced from the date of the prisoner's readmission in prison. 11.18 In t he case of a prisoner released on bail on a day subsequent to that on which he/she was committed to prison, but who is again commit ted to u ndergo sentence in the same case, every day of admission and every day of r elease shall be counted as da ys of imprisonment in respect of such sentence. 11.19 In cases where there are more than one "at large" periods, the aggregate total of all such periods shall be worked out in terms of da ys and added to the substantive sentence. The date on which the sum of these periods elapses, counting from the date of conviction, sha ll be the date of expir y of sentence. 11.20 In t he case of a convict who has to attend the court on the very day of his/her release, for a case for which he is not on bail, he shall be treated as released in the morning and sent to court a s an under- tria l prisoner. If the prisoner is sentenced to further imprisonment, on tha t very date, the sentence shall be ca lculated from the following day. - 91 -Ex-595/2017 When a foreigner is sentenced to a term of imprisonment 11.21 If a foreigner, apprehended and detained under Section 4 of Foreigners Act , 1946 (Centra l Act 31 of 1946), has to undergo a term of imprisonment, the period of detention under the Foreigners' Act shall be exclusive of and additional to the period of a ny sentence of imprisonment which ma y be imposed upon him Calculations of date of release on re-arrest and reca pture of a pr isoner 11.22 The following method shall be adopted in calculating the date of release of a prisoner who, a fter conviction, is released on bail but is a fterwar ds recommitted to pr ison to s erve his sentence, or who escapes and is subsequently recaptured: 11.23 Add the number of days for which the prisoner was on bail, or was at large, to the term of the sentence, exclusive of the day of release and re-arrest, or of escape and re-capture. The date on which the sum of these periods will elapse, cou nting fr om the date of conviction, shall be the date of expir y of sent ence. Example: A prisoner sentenced on 1st January to one month's imprisonment esca pes on 15th January and is re-captured on the 16th. He shall be entitled on the original warrant to be r eleased on the 31st January. 11.24 If a convicted prisoner, who has been released on bail, commits an offence during his bail period and is r eadmitted to the prison, the at large period shall be counted up to his date of r eadmission. Calculation of sentence of imprisonment in default of payment of fine 11.25 Sentences a warded in defa ult of payment of fine shall be calculated as follows: (i) Sentences imposed in defa ult of payment of fines cannot run concurrently (ii) If a prisoner sentenced to imprisonment in default of pa yment of fine receives another sentence while undergoing such imprisonment, the second sent ence shall begin from the date on which the first sentence expires or if the fine is paid, from the date of payment. Example: A prisoner is sentenced on 31st January to pay a fine of Rs. 300 or in default to two months' rigorous imprisonment and on 12 th Febr uary of the same year he is sentenced on another account to an additional imprisonment for four months. The fine is paid in full on 28th Febr uary. The sentence of four months of imprisonment shall begin from 28th Febr uary and not from 31st January. (iii) If a prisoner, sentenced to a term of imprisonment in default of payment of fine is also, either at t he same time or subsequently, sentenced to another term or terms of imprisonment, the initial sentence shall be kept in abeyance till the expiration of all the absolute sentences of impr isonment. It shall be annulled wholly or par tially by the payment of the fine in whole or in part, before the expiry of that period or so long as impr isonment continues. Explanation: This rule covers the case of a prisoner whose first sentence of imprisonment is only in default of pa yment of fine. The substantive sentences of imprisonment, subsequently imposed, sha ll count from the date of the first s entence and the imprisonment in default of payment of fine shall take effect last, although a por tion of it may have been alr eady served when the substantive sentence were awarded, unless the imprisonment is of a different denomination to that of t he substantive sentences. In such a case the imprisonment in default of p ayment of fine sha ll be completed before the substantive sentences take effect. (iv) The imprisonment, which is impos ed in default of payment of a fine, shall termina te whenever that fine is either paid or levied by the process of law. (v) If a prisoner is sentenced to impr isonment, of which the whole or any portion t hereof is in defa ult of the payment of any fine, and if the fine or a portion of it is not immediately paid, the dates of release shall be calculated and entered on the prisoner's warrant and History Ticket and in the Registers so as to correspond both with payment and with nonpayment of fine. - 92 - Ex-595/2017 (vi) If a prisoner, who is sentenced to a fine and in default to imprisonment, pa ys a por tion of the fine, the date of release shall be pr oportionally altered. If the imprisonment in default of payment of fine is express ed in calendar months, reduction of imprisonment to be made in cons equence of such payment, shall be ca lculated in calendar months a nd not in days. Any fraction of a month obtained by such ca lculation shall be reduced to days. When the fraction thus obtained is not exactly equal to any number of days or is less tha n a single day, the por tion of a day which resu lts shall be considered and treated as being equal to a full day. Example: A prisoner is sentenced on 1st January to a fine of Rs. 300 or in default to six months' impr isonment. No pa rt of the fine is realized except a sum of 75 paise. He shall be released on 2 9th June, even t hough the amount realized is less than the full amount due for a single day. (vii) When a prisoner is sentenced to fine and the fine is paid in installments, the period of sentence to be remitted shall not be calculated on the individual payments but on the aggregate of the several previous payments. Example: If a prisoner is sentenced on 1st Januar y to six months' imprisonment and to a fine of R s. 300 and it is ordered that if the fine is not paid he shall be imprisoned for a fur ther period of six months, then if the prisoner immediately on conviction pays Rs.100 the date of release sha ll be first fixed at 31st Oct ober (s ix months plus four months as equiva lent of the fine unpaid), or if he afterwards pays another Rs.100 the date will be changed to 31st August and on his paying the entir e amount of the fine, to 30th J une. (viii) If a prisoner who is sentenced to a fine and in default impr isonment for a certain number of years, months and days, pays a part of the fine, the remission for the pa yment shall be calculated in year and months and not in days, and any fra ction of a month, obtained by such calcula tion shall be reduced to days. When the fract ion thus obtained is not exactly equal to any number of days, or is less t han a single da y, the portion of a day which results shall be considered and treated as being equal to a full day, in favour of the prisoner. Payment of fines to prison 11.26 If a fine or its portion, imposed on a prisoner as a sentence or part of a sentence by a magistrate, is tendered at the prison it shall be received by the concerned officers during office working hours, except on Sundays and prison holidays, provided the pr isoner is due for immediate r elease. The Superintendent sha ll at once remit the sum received to the court or treasury and send intimation of the payment to the adjudicating court. Lia bilit y of prisoner to payment 11.27 If a n offender, who has undergone the full term of imprisonment to which he was s entenced in default of payment of fine, is still liable to have the fine levied by distress and sale, the Superintendent of P rison s hall accept the whole fine, if tendered, even though a par t of the alternative imprisonment has been undergone. Intimation of payment of fine 11.28 When fines imposed on prisoners ar e recovered by a court, intimation of the sa me will be received by the Superintendent from the Court. If the convict has been transferred elsewhere, the Superintendent sha ll for ward such intimation by registered post to the prison in which the convict is confined. All fine intimations shall be acknowledged. 11.29 No a ction shall be taken on fine intimations which do not bear the seal of t he cour t. Such intimation shall be returned to the court for proper authentication and affixing s eal of the cour t. Telegrams shall not be accept ed as intimations of r ecovery of fine. When intimation of payment of fine by a prisoner is received from a Police Officer, it shall be returned to that officer with a request that it may be forwarded through the cou rt awar ding the sentence. - 93 -Ex-595/2017 Prisoners to be informed 11.30 When the fine has been paid, the prisoner concerned shall be informed and the payment shall be duly noted in the register, on the warr ant and on the prisoner's History Ticket. The entries in the register and the warrants and History Tickets shall be signed by the Superintendent or the Additional Superintendent and the Dy. Supdt. A separate Inward Register for the receipt of the fine intimation shall be maintained. Imprisonment in default of giving security plus a substantive sentence 11.31 When a person, in r espect of whom an order requir ing him to furnish security is made under section 106 or 117 of the Code of Criminal Procedure 1973, is at the time of such order is sentenced to or is undergoing a sentence of imprisonment, the period for which such securit y is required shall commence on the expiry of such sentence. In other cases such period shall commence on the date of such order being passed, unless the Magistra te, for sufficient reasons, fixes a later da te. If such a person fails to give security on or before the date of expiry of his substantive sentence, he shall be deta ined in prison until the expir y of the period for which security is required to be furnished, or until the requisite security is furnished. It is not necessa ry in such cases that a forma l warra nt shall be issued by the Magistrate for the detention of such person in the pr ison aft er the expiry of t he substantive sentence. Illustration 11.32 A prisoner, while undergoing three month's imprisonment, is ordered by a competent Cour t to execute a bond under section 106 of the code of Criminal Procedure, 1973 for keeping peace for a term of six months and execute a bond in a sum of Rs. 25 with one surety for a like amount, fails to give security on or befor e the date on which the three months substantive imprisonment expires, he/ she shall be detained in prison until he furnishes the requir ed security, or until the ter m for which such security is to be given is completed, but no formal warrant is necessary for such detention. 11.33 If a person while undergoing imprisonment under a n order under section 122 of the Code of Criminal Procedure, 1973 in default of fur nishing security, is convict ed of a n offence committed prior to the making of such order, and is sentenced to undergo imprisonment, such sentence sha ll commence from the date on which it was passed; and if such sentence expir es before the period for which the person is undergoing imprisonment in default of giving security, he shall be detained for the remainder of such period. If, however, a person while undergoing imprisonment in default of furnishing security is convicted of an offence commit ted aft er issue of the order under section 122 of the Code of Criminal Pr ocedure 1973, a nd is sentenced to imprisonment, such sentence sha ll commence at the expiration of imprisonment for failu re to fu rnish security, unless the Cour t directs that such Sentence shall run concurrently with the imprisonment for failure to furnish secur ity. 11.34 Sentences awarded under section 52 of the Prisons Act, 1894 shall commence on the expir y of imprisonment in default of furnishing security or from the date of receipt in the prison of an intimation that the security has been furnished. 11.35 Wher e a prisoner, who is already undergoing substantive sentence of imprisonment, has been ordered to undergo a further sentence in default of furnishing security for keeping peace or good behaviour under Chapter VIII of the Code of Criminal Procedure, 1973, the order shall be brought to the notice of the sessions Judge to whom such Judicial M agistra te is subordinate. 11.36 The period mentioned in section 122(2) of Code of Criminal Procedure, 1973 shall be counted from the date of the order of t he Sessions Judge or High Cour t, unless the latter specifically directs in the warr ant tha t it is to be counted from some other date. In such a case, the direction of t he superior cour t shall be complied with. 11.37 Detention for failure to give security is not a substantive sentence of imprisonment within the meaning of section 427 of Code of Criminal Procedure Code, 1973 . - 94 - Ex-595/2017 Procedure when sentence is suspended 11.38 When an Appellate C ourt directs that the execution of a sentence, or order a ppealed against, be suspended, the appellant shall, if detained in p rison pending further orders of such Courts, be treated in all respects as an undertrial prisoner. 11.39 Should the appellant be ultimately sentenced to imprisonment or imprisonment for life, the period during which the original sentence was suspended shall- a. if passed while the prisoner in prison, be included, and b. if p assed when the prisoner was at large be excluded, in computing the term for which he is sentenced by the Appellate Court. When retr ial is ordered 11.40 When a court passes a sentence aft er a ret ria l, or after or igina l sentence is r ever sed and r et ria l (fresh tria l) is ordered on appeal, the previous sentence, or portion thereof, already u ndergone by the prisoner before the fr esh trial, should also count, unless otherwise specifically directed, towards the sentence imposed after the fresh tria l, excluding any period during which the prisoner was at la r ge. 11.41 If a convicted pr isoner is to be handed over to police for the purpose of investigation, Government orders suspending his sentence are necessary. Procedure when a sentence is modified or reversed on appeal 11.42 When a sentence on a prisoner is reversed or modified on appeal by a court, other than the High Court, a fresh warrant will be issued by the Appellate Court to the officer in charge of the prison and such order will also be communicated to the lower court. 11.43 Provided that when the Appellate Court orders the retrial, or committal for trial, of a prisoner under section 386 of the Code of Criminal Procedure, 1973 it shall communicate its order to the Court whose decision has been reversed and that court shall thereupon make such orders as are conformable to the judgement of the appellate Court. 11.44 When a case is decided on appeal or revision by the High Court, the Court or Magistra te to which the High Court cer tifies its order will proceed, under the pr ovisions of section 388 or 405 of t he Code of Criminal Procedure, 1973 to issue, when necessary, fresh wa rrant or order to the prison officer. 11.45 In a ll cases in which a sentence or order is modified or reversed, whether in appeal or revision, a sepa rate warrant shall be issued as regards each prisoner whose sentence ha s been so modified or reversed. Procedur e when a sentenc e is confir med 11.46 When an appeal is r ejected, or a sentence is confirmed by an Appellate Court other than the High Cour t, intimation to that effect will be sent t o the Officer in charge of the prison by such Appellate Cour t and such order will a lso be communicated to the lower court for record. 11.47 When the r ejection by the High Court of an appeal or revision application fr om a prisoner is communicated to the court by which such prisoner was convicted, such court sha ll at once to cause the intimation of s uch decision to be given to t he prisoner. 11.48 In cases referred by the Court of Sessions for the confirmation of a sentence of death by the High Cour t, the High Court will send a copy of its order to the Court of sessions which will then issue warr ant's to the Officer in cha rge of the prison. Prisoner shall be informed of the result of his appeal or application 11.49 In a ll cases the S uperintendent of Prison shall acknowledge by a letter the receipt of any warrant or order or intimation, and shall a lso inform the prisoner of t he resu lt of his appeal or a pplication. - 95 -Ex-595/2017 Calculation of sentence modified on appeal 11.50 When an Appellate Court simply modifies a sentence pa ssed by a lower court without change of section, or when a n appellate court passes a new sentence by changing the conviction section or the punishment s ection or otherwise, the sentence finally passed shall count, unless otherwise specially directed, from the first day of imprisonment under the original sentence. Effect of annulling the first of two sentences 11.51 When a prisoner ha s been committed to pr ison at one tr ial under two separate warrants, and the sentence in one wa rrant is to ta ke effect from the expiry of the sentence in the other warrant, the da te of the second sentence sha ll, in t he event of the fir st sentence being set a side in appeal, be presumed to take effect from the date on which he was commit ted to prison under the first or original sentence; 11.52 When separa te sent ences ha ve been passed in sep arate t ria l and the s entences run consecutively under section 427 of t he Code of Criminal Procedure Code, 1973, the operation of t he second sentence will, in the event of the first sentence being set a side on appeal, shall commence from the date of conviction in the second case.Illustration: 11.53 A pr isoner is sentenced on 1st J uly to two periods of six months' imprisonment for two offences. On appeal the first sentence is quashed on 31st August the prisoner will be entitled to be release on 31st December. Illustration: 11.54 A pr isoner is sentenced on 1st July to six month's imprisonment and on 1st August to another period of six months imprisonment. On appeal the first sentence is qua shed on 31st August. T he prisoner will be entitled to release on 31st January. 11.55 If however a n a ppea l is also filed in the second case, it will be within the p owers of the c ourt hea ring the second appeal to direct that credit shall be given for such period as is covered between the date of t he second conviction and the da te on which the first a ppeal was accepted. 11.56 No credit, however, shall be given in the second case for any period passed in prison under the first sentence pr ior to the date of the conviction in the second case by the court of original ju risdiction. When an Appellate Court annuls a sentence and orders retrial 11.57 When an Appellate Court annuals a sentence and directs that the prisoner be retried, a nd a war rant for the prisoner's release on ba il is not received, the prisoner sha ll be r emanded to the undertrial yard (unless he be undergoing some other sentence), a nd the Superintendent shall a pply to the committing court for warrant for his custody pending trial if such warr ant is not at the same time furnished. Such wa rrant should set forth the Court by which t he prisoner is to be tried and the date on which he is to be produced befor e the Court. Chapter XII PRISONERS SENT ENCED TO DEATH Chapter Definitions 12.01 For the purposes of t his chapter, i) “prisoner” means a prisoner who is sentenced to death. ii) “relative” in relation to a prisoner means spouse, children, grandchildren, parents, grand-parents, parent’s brother or sisters, parents-in-law, grandparents-in-law, brothers or sisters of spouse, children of brothers or sisters and children of brothers or sisters of the spouse; - 96 - Ex-595/2017 Search of prisoners sentenced to death on admission 12.02 On a dmission of a convict in a prison the Superintendent shall r eport the admission to the S tate Government. The S uperint endent shall also report to the State Government the date fixed for his execution by the Court of Session on confirma tion of the sentence of death by the High Cour t, and solicit orders of the State Government regarding sta y of his execution. 12.03 On a dmission a convict sha ll be thoroughly sear ched by the Ja ilor or by order of the Jailor as provided in Section 30 of the P risons Act. A female convict shall be searched by a female Jailor or under her orders, by a Matron. In the absence of a female Jailor or Matron, such search may be made by any other suitable female or by a Fema le Guar d an convict officer as ordered by the Jailor. 12.04 Subject to the provisions of Section 30, all private pr operty shall be removed from the convict. Issue of Articles on Admission 12.05 The Senior Jailor shall ensure that the following articles are issued to a convict; on his a dmission to a prison:— i) a pa nt without cord; ii) two all wool blankets or two cotton wool blankets, one for spreading and another for cover age; iii) a pot, plate and a mug of thin light aluminium. iv) A thin Kasti may be issued to a Par see convict. 12.06 Two cotton sarees/ salwar kameez and bodices may be issued to female convicts. However, if it is cons idered unsafe to issue sarees to any such convicts; pyjama s without cord and a Kurta ma y be issued to her. 12.07 A sheet in Appendix - 8 shall be maintained by the Superint endent for every convict. Confinement in cell in special ya rd 12.08 Every convict shall (whether or not the sentence of death has been confirmed by the High Court), from the date of his admission to a prison, be confined in a cell in a special yard, a part fr om all other prisoners a s required by s ection 30 of the Prisons Act . T he cell or room in which a convict is confined shall before he is placed in it, be always examined by the Senior Jailor who shall satisfy himself about its fitness and sa fety. No prisoners except convicts under sentence of death shall be kept in the special yard. 12.09 Wher e there is mor e than one such cell in the special yard, the prisoner sentenced to dea th shall be changed daily from one cell to another. Cell to be examined 12.10 Every cell in which a convict under sentence of death is to be confined, sha ll, before such convict is lodged in it, be examined by the Jailer, or by an officer appointed in that behalf, who shall satisfy himself that it is secure and contains no article of any kind which the prisoner could, by any possibility, use as a weapon of offence or as an instr ument with which to commit suicide, or which is, in the opinion of that officer, it is inexpedient to be permitted to r emain in such cell. 12.11 When there are two or more condemned prisoners confined in a prison at the same time, in cells situated at some distance from one another, a separate guard shall be posted for each cell. However, if the cells are contiguous one Wa rder shall be posted to guard a maximum of four such prisoners. For any number of cells in excess of four, an extra guard shall be posted even when the cells are contiguous. 12.12 With two rows of cells facing and within a reasonable distance of each other, one Sentry ma y be given charge of up to four cells on one side and four on the other. 12.13 When two or more cells are occupied, the Sentry shall walk up and down past them, so that each prisoner gu arded by him comes into his view a t short intervals. 12.14 The Sentry guarding these cells shall be relieved every two hours. - 97 -Ex-595/2017 Guarding 12.15 Every prisoner sentenced to death shall be under observation of the guarding staff on a twenty four hour basis. Convict officers sha ll not be employed on this duty. 12.16 A guard sha ll in no case be given more than two hours duty at a stretch. 12.17 Every guard shall be equipped with a regulation baton and shall be so posted that the convict shall be under continuous wa tch. He should not be armed with a firearm, bayonet or any sharp weapon. The Sentry shall be posted in front of the grated door of the cell. The key of t he cell lock shall be kept with the Sentry/prison gua rd on duty so a s to be immediately available in case of emergency. The lock must be such which cannot be opened by any other key in use in the p rison. T he Sentry/ Woma n prison guard shall b e so posted that the prisoner sentenced to death is under continuous watch. A pr isoner sentenced to death shall not be taken out of his cell unless the requisite numbers of guards a re present. 12.18 If the guar d on duty notices a pr isoner attempting to commit suicide he shall raise alarm for help and enter the cell. 12.19 The special guard in whose charge prisoners sentenced to death is put shall allow no one to appr oach the cell or communicate with the prisoners in any manner except the Superintendent of Pr ison and any ot her officer a uthorized by the Superintendent in that behalf. 12.20 A pr isoner under sentence of death shall not be handcu ffed or placed in any form of restr aint unless he is so violent as to be dangerous to the guard or to himself. If it is deemed necessary to put on handcuf fs, the reason for such action shall be reported to the Inspector Gener al and t he Regional D. I.G. Observa tion 12.21 The prison officer incharge should carefully observe the behaviour of prisoners sentences to death with special focus on his mental sta tus. 12.22 The notes of psychological observation kept by the Jailor should be checked daily by the Superintendent who should ensure that the data required for the compilation of the notes is collected by the Jailor in an int elligent manner and that the same have a fa ctual base. Two copies of the case history of the prisoner and the notes shall b e sent by the Superintendent to the Inspector General immediately after the final disposal of the case. 12.23 A copy of the case histor y and psychological notes shall be sent by the Director General/ Inspector General to State Government immediately on receipt together wit h his own r emarks thereon if any. Such record may prove useful for psychological study and research purposes. Search 12.24 Pr isoner under sentence of death shall be thor oughly sear ched in the presence of the Jailor-in- charge:- i) immediately on opening of the cell in the morning when guards on duty are changed and before lockup; ii) ever y time he is taken out of or is returned to his cell. Restriction on removal 12.25 Prisoners sentenced to death shall not be removed to the prison hospital for treatment wit hout the special sanction of t he Deputy Inspector General of Prisons. Provided that the Superintendent may, however, order the removal of a prisoner to the prison hospital, in anticipation of sanction, if the Medica l Officer of the prison certifies tha t the pr isoner is in danger of dying and requires immediate treatment in the prison hospital. If a prisoner, who is sentenced to death, is r emoved to a prison hospital, he shall be segregated from all other prisoners in t he hospital and a special guar d should be posted a ccording to requirements. - 98 - Ex-595/2017 Special Treatment 12.26 A pr isoner sentenced to death sha ll not be put in fetters or handcuffed unless he is so violent a s to be dangerous to the guard or to himself. If it is deemed necessary to put on fetters or handcuffs, the reasons for such action shall be reported to the Inspector General. 12.27 The Superintendent is authorized to issue suitable diet to prisoners sentenced to death after consultation with the Medical Officer. A pr isoner may, on the recommendation of the Chief Medical Officer, be allowed exercise in open air and within the prison walls, morning and evening, under the care of the guard. If the Superintendent cons iders it expedient so to do, the convict may be handcuffed, when he is taking exercise. Interviews 12.28 The Superintendent may permit prisoners under sentence of death to have int erviews with their relatives, friends or legal advisors, once a week, or more often when the Superintendent is of the opinion that such int erviews may be granted for good reason. 12.29 The Jailor shall before granting interviews, ensure that all precautionary and security measures are taken before hand. 12.30 The prisoner shall be brought fr om the cell to the interview room under proper escort at the time of interview and the interviewers and the prisoner shall be sepa rated by expanded meta l barriers. 12.31 A religious priest or a faith-ba sed head (of the religion/ fa ith to which a prisoner belongs) may be summoned once a week at the cost of State Government, if the prisoner so desires. The Superintendent may permit a Minister to be summoned more often for a dequate reasons to be recorded in the History Ticket of the convict. Facilities 12.32 A prisoner sentenced to death may be allowed the following facilities with the approval of the Superintendent of Prison:- i) Religious books; ii) Religious pictures; iii) Rosa ry and essential religious emblems subject to security requirements; iv) Newspapers and books; 12.34 The Superint endent is authorized to incur an expenditure up to an amount to be fixed by Government in a deserving case for the purpose of giving r easonable solace to the prisoner, for instance securing the presenc e of his nea r rela tives befor e his execut ion. 12.35 The DG/ IG may allow further expenditure on a prisoner sentenced to death in urgent, compassionate and deserving ca ses. Observa tion 12.36 A ca se history in Appendix - 9 sha ll be compiled in respect of each convict. Insanity 12.37 If a ny prisoner awaiting sentence of death shows signs of mental illness which, in the opinion of the Medical Officer, ar e not feigned, or which require observation to determine whether they a re feigned or not, the circumstance shall a t once be reported to Government, through t he Inspector General of P risons under intimation to the Regional Deputy Inspector General for orders along with the following documents:- i) The Nominal Roll of the prisoner; ii) A copy of t he warr ant under which he is confined (in duplica te); iii) The Medical Officer ’s certificate in the prescribed from; and iv) The medica l histor y sheet (in duplicate). Note: A cop y of the judgement should a lso be sent as soon a s possible. - 99 -Ex-595/2017 12.38 If Government orders the appointment of a Special Medica l Board, for the purpose of examining the mental condition of a convict sentenced to death, he shall be kept under observation in the pr ison by the psychiatr ist in charge of the nearest psychiatr ic or similar institution or the Civil Sur geon for a p eriod of ten days or longer if considered necessary prior to an examination by the Medica l Board. 12.39 The Superint endent and the Chief Medica l Officer of the prison, in which the convict may be confined, shall give all fa cilities to the psychiatrist or the Civil Sur geon for a physical examination of the convict including serological tests a nd for observation of the convict without his knowledge. 12.40 As soon as possible, after the Medical Board is appointed and the convict is placed under observation, the Superint endent of the prison shall collect information about the convict through the police or other sources and place it at the disposal of t he psychiatrist or Civil Surgeon. 12.41 Wher e State Government orders appointment of Special Medical Board for examining the mental condition of a convict under sentence of death under any relevant state rules, the Superintendent shall obtain the history of such convict from institutions or individuals with whom he has had contacts. The psychia trist under whose observation the convict is kept pending examina tion by the Special Medical Boa rd, sha ll furnish the Superintendent with a questionnaire for collecting the information. Fact ual material concerning the mental condition of the convict shall be obtained either from records or from eye-witness es including the officer who a rrested him. F or the purpose of an estimation of the convicts state of mind just prior to, at the time of and soon aft er the commission of the offence, reports shall be obtained from eye-witnesses including relatives of the convict. Note:—Evidence regarding the behaviour of the prisoner at the time of the tria l and especially during examination in court will be available from the proceedings of the court including the evidence and the summing up and judgment. Reports on the convict shall be obt ained fr om individuals who have been in conta ct with him during his remand and subsequent detention in the pr ison. While collecting this information, utmost care shall be taken to see that the object within which it is collected is not divulged. It should also be remembered that the relatives of the convict are likely to be specially interested and the information supplied by them shall be us ed with the greatest care. 12.42 As soon as t he Medical Specialist or Civil Surgeon is ready with his report, he shall request the Director of Health Services to fix a date for the meeting of the Special Medical Board. 12.43 The Medical Specialist or Civil Surgeon shall place all the r ecords before the Medical Board. The President of the Board shall forward the proceedings of the Medical Board together with t heir own opinion to the Secreta ry, Home Depar tment, through the Ins pector General of Prisons and the Director of Healt h Services. Pregnancy 12.44 Wher e a female convict is certified by the Chief Medical Officer to be pregnant, the Chief Medical Officer shall inform the Superintendent of the same, and the Superintendent shall make a note to that effect on the war rant, a nd return the warrant to the Sessions Judge for endorsing thereon an order for the suspension of the execution of the sentence, until the or ders of the High Court have been taken under Section 416 of the Code of Criminal Procedure, 1973. 12.45 When a woma n prisoner sentenced to death declares herself to be pregnant, and the Chief Medical Officer is unable to certify the truth or otherwise of the statement, immediately, he shall state the interval of time necessar y to enable him to sa tisfy himself on the point. The Superintendent should immediately report the case to the State Government thr ough the DG/IG for postponing the date of the execution. If the Chief Medical Officer confirms the fact of pregnancy, the pr ovisions of paragraph shall apply. 12.46 When execution of a capita l sentence on a woman prisoner has been suspended under either of the situations mentioned above, the sentence shall not afterwards be executed without the exp ress order of the State Government for which the Superintendent shall apply immediately through the D G / I G. - 100 - Ex-595/2017 Appeal facilities 12.47 Immediately on receipt of a warrant of execution from the convicting court, consequent of the confirmation by the High Cour t of the sentence of death, the Superintendent shall inform the convict tha t if he wishes to appeal to the Supreme Cou rt or to make an application for special leave to a ppeal t o the S upreme Court under a ny of the relevant provisions of the Constitution of India (her einafter refer red to as “appeal and application” respectively), he ma y do so within the period prescribed b y the S upreme Court Ru les. 12.48 If the prisoner under sentence of death so desires, the Jailer or the law officer a s the case may be, shall at once get his appeal prepa red for him as far as possible in his own words and it shall be forwarded either under registered cover or hand delivered by a prison official to the Registrar of the appr opriate court under intimation to the State Government and the DG/IG. 12.49 Whenever a sentence of dea th has been passed by any Court or Tr ibunal, the sentence shall not be executed until aft er the dismissa l of the appeal or of the application or, in case no such appeal has been prefer red, or no such application has been made, until after the expiry of the period allowed for an appeal or for making of such a pplication: Provided that, if a petition for mercy has been submit ted by or on b ehalf of a convict, the execution of t he sentence sha ll further be postponed, pending the orders of the President thereon: Provided fu rther that, if the sentence of death has been passed on more than one person in the same case, and if an appeal or an application is ma de by or on behalf of only one or more but not all of them, the execution of the sentence shall be postponed in the case of all such persons (convicts) and not only in the case of the person or persons by whom, or on whose behalf, the appeal or the application is made. Petition for mercy - Role of prison authority. 12.50 Immediately on receipt of intimation of the confirmation by the High Court of a sentence of death on a pr isoner or of the dismissal by the S u preme C ourt of the a pp eal or the a pp lication for sp ecial l eave to appeal t o it lodged by or on behalf or on the convict, in case the convict concerned has made no previous petition for mercy, the Jail Superintendent sha ll forthwith inform him (the convict) that if he desire to submit a petition for mercy it should be submitted in writing within seven days of the date of such intima tion. 12.51 A convict under sentence of death shall be allowed, if he has not already submitted a petition for mercy, for the preparation and submission of a petition for mercy, seven days a fter, a nd exclusive of, the date on which the Superintendent of Jail informs him of the dismissal by the Supreme Court of his appeal or of his application for special leave to appeal to the Supreme Court. Note- In cases where no appeal to the Supreme Court or no application for special leave to it, has been lodged by or on beha lf of the convict, the said period of seven days shall be counted from the date next a fter the date on which the time allowed for an appeal to the Supreme Court or for lodging an a pplication for special leave to appeal to it, expires. On expiry of such time, if the convict has made no previous petition for mercy, it shall be the dut y of the Jail S uperintendent to inform the convict concerned that if he desires to submit a petit ion for mercy he should do so in writing within seven days of the date of such intimation. 12.52 If the convict submits a petition within the period of seven days prescribed by 12.51, it should be addr essed to the Governor of the State and the Pr esident of India. The Superintendent of the Jail shall forthwith dis patch it to the Secretary to the State Gover nment in the Department concerned, together with a covering letter r eporting the date fixed for the execution a nd shall certify that the execution has be stayed pending receipt of the orders of the Government on the petition. If no r eply is received within 15 days from the date of the dispatch of the petition, the Superintendent shall by express letter (fax/email/special messenger) to the Secretary to the State Government in the Department concerned, drawing attention to the fa ct, but he shall in no case car ry out the execution befor e the receip t of the State Government's reply. - 101 -Ex-595/2017 12.53 If the convict submits a petition after the period prescribed by 12.51, the Superintendent of the Jail shall at once for ward it to the State Government by fa x letter and a t the sa me time the substance of it , r equesting orders whether the execution should be postponed and stating tha t, pending a reply, the sentence will not be carried out. If such petition is received by the Superintendent later than noon on the day preceding tha t fixed for the execution, he shall at once forwar d it to the State Government and at the same time by fax/email/special messenger letter inform the substance of it, giving the date of execution a nd stating that the sentence will be carried out unless orders to the contrary ar e received. 12.54 In t he event of it coming to the knowledge of the Superintendent at any time befor e the execution of the sentence that altogether exceptional circumstances have arisen which plainly demand a reconsidera tion of the sentence, he is a t liberty, notwithstanding anything in the foregoing clauses, to report the cir cumstances by fax letter to the Sta te Government a nd ask for its orders and to defer execution till they are received. In such instances, assistance of the District Legal Services Authority should be sought. 12.55 The Superintendent shall at once repeat back to the Secretary to the State Government in the Department concerned all correspondence communicating orders to him regarding petit ions for mercy, by way of acknowledgment of their receipt. 12.56 Legal aid should be provided to the convict at a ll stages even after the rejection of a mercy petit ion. Hence, Superintendent of Jails a re directed to intimate the rejection of mercy petitions to the nearest Legal Aid Centre apart from intimating the convicts. 12.57 Death convicts are entitled as a rights to receive a copy of t he rejection of the mercy petition by the President and the Governor. 12.58 Mental Health Evaluation: As it is quite possible that some death row convicts might lose their mental bala nce, there should be regular mental health eva luation and appropria te medical care should be given to those in need. 12.59 Physical and Mental Health Reports: After the execution warrant is issued, the Prison Superintendent should satisfy himself on the ba sis of medical reports by Government doctors and psychia trists that the prisoner is in a fit physical and mental condition to be executed. If the Superintendent is of the opinion tha t the pr isoner is not fit, he should forthwith stop the execution, and produce t he prisoner before a Medical Board for a compr ehensive evalua tion and shall forward the report of the same to the State Government for fur ther act ion. 12.60 Furnishing documents to the convict: Death row convicts should be provided with copies of relevant docu ments within a week of convict ion by the prison authorities to assist in ma king mercy petition and petitioning the cou rts. 12.61 Fina l Meeting between convict and his family: It would be mandatory for prison authorities to facilitate and allow a final meeting between the prisoner and his family and friends prior to the execution. 12.62 Post-mortem reports. After the execution of death penalt y, post-mortem would need to be manda tory performed to ascerta in the exact cause of death. Petition for mercy -Action by Government 12.63 If the convict submits a petition within the above period, it shall be addressed to the Governor of the State and the President of India . The execution of sentence shall in all cases be postponed pending receipt of their orders. 12.63 The petition sha ll in the first instance be sent to the State Government for consideration and orders of the Gover nor. If after consider ation it is rejected it shall be for warded to the S ecretar y to the Government of India, Ministr y of Home Affa irs. 12.64 If it is decided to commute the sentence of death, the petit ion addressed to the President of India shall be withheld a nd an intimation of the fact shall be sent to the petitioner:- - 102 - Ex-595/2017 Note- The P etition made in case where the sentence of death is for a n offence against any law exclusively relatable to a matter to which the executive power of the Union extends, shall not be considered by the State Government but shall forthwith be forwarded to the Secretary to the Government of India , Ministry of Home Affa irs. 12.65 If the convict submits the petition after the period prescribed by 12.52 above, it will be within the discretion of the S tate Government to cons ider the petit ion and to postpone execution pending such cons ideration and also to withhold or not to withhold the petition addressed to the President. In the following circumstances, however, the petition sha ll be forwarded to the Secretary to the Government of India, Ministry the Home Affa irs. i) if the sentence of death was passed by an appella te cour t on an appeal against the convict acqu ittal or as a result of an enhancement of sentence by the appellate cou rt, whether on its own motion or on a n application for enhancement of sentence, or ii) when there are any circumstances about the case, which, in the opinion of the State Government, render it desirable that the President should have an opportunity of considering it, as in cases of a political charact er and those in which for any specia l reason considerable public interest has been aroused. When the petition is forwar ded to the Secr etary t o the Government of India, Ministry of Home Affairs, the execution shall simulta neously be postponed pending receipt of orders of the President thereon. 12.66 In a ll cases in which a petition for mercy from a convict under sentence of death is to be forwarded to the Secr etary to the Government of India, Ministry of Home Affairs, or the State Government, the petition sha ll for ward such petition as expeditiously as possible along with the records of the case a nd his or it s observations in resp ect of any of the grounds urged in the petit ion. In the case of other States, the Government of the Sta te concerned shall, if it had previously rejected any petition addressed to itself or the Governor, also forward a brief statement of the reasons for the rejection of the previous petition or petitions. 12.67 Upon the receipt of the or ders of the President, an acknowledgment shall be sent to t he Secretary to the Government of India, Ministry of Home Affairs, immediately in the manner hereinafter provided. In t he case of, if the petition is rejected, the orders will be communicated by express letter and receipt thereof sha ll be a cknowledged by express letter. Orders commuting the death s entence will be communica ted by express letter receipt ther eof sha ll be acknowledged by exp ress let ter. 12.68 A petition submitted by a convict shall be withheld by t he Government of the S tate, if a petition containing a similar pr ayer has already been submitted to the President. When a petition is so withheld the petitioners shall be infor med of the fact and of the r eason for withholding it. 12.69 Petitions for mercy submit ted on behalf of a convict under sentence of death shall be dealt with muta tis mutandis, in the manner provided herein for dealing with a petition from the convict himself. The petitioners on behalf of a concerned convict shall be informed of the orders passed in the case. If the petition is signed by more than one person, it shall b e sufficient to inform the first signatory, the convict himself sha ll also be informed of the submission of any petition on his behalf and of the orders p assed thereon. 12.70 Whenever a sentence of dea th has been passed by any Court or Tr ibunal, the sentence shall not be executed until after the dismissal of the appeal to the Supreme Court or of the application for special leave to appeal to the Supreme Court or, in case no such appeal has been pr eferred or no such application has been lodged, until after the expiry of the period allowed for an appeal to the Supreme Court or for lodging of an application for special leave to appeal to the Supreme Court. Provided that if a petition for mercy ha s been submitted by or on behalf of the convict, execution of the sentence shall further be postponed pending the orders of the President thereon. Note- If the sentence of death has been passed on more than one person in the same ca se and if an appeal to a higher Court or an application for special leave to appeal to the Supreme Cour t is lodged by, or on behalf of, only one or more but not all of them, the execution of the sentence shall be - 103 -Ex-595/2017 postponed in the case of all such persons and not only in the case of the person or persons by whom, or on whose behalf, the appeal or the application is lodged. 12.71 On receipt of the intimation of t he lodging of an appeal to the Supreme Cour t or of an application for special leave to appeal to that Court or of an intention to do so, the State Government concerned, shall forthwith communicate by telegram to the Government Advocate, Ministry of Law, and also to the Secretary to the Gover nment of India, Ministry of Home Affa irs: i) the name of the convict under sentence of death, and ii) particulars relating to the appeal or the application. 12.72 If it is desired to oppose the a ppeal or the application, three cop ies of the paper book and of the ju dg ment of t he Hi gh C ou r t or t h e J u dic ia l C ommis s ion er s C ou r t or t he Tr ib u na l, a s t he c a s e ma y b e, (one copy of each being a certified cop y) a power of attorney in the form prescribed by the Supreme Cour t and instructions, if any, for the purpose of opposing the appeal or the a pplication shall be immediately sent to the Government Advocate, Ministry of Law. Notice of the intended appeal or application, if a nd when served by or on beha lf of t he convict, sha ll a lso be transmitted to him without delay. If the intended appeal or application is not lodged within the period prescr ibed by the Supreme Court Rules, the Government Advocate shall intimate the fact by express letter to State Government. The execution of the sentence shall not thereafter be postponed, unless a petition for mercy has been submitted by or on behalf of the convict. 12.73 If a n appeal or an application for special leave to appeal has been lodged in the Supr eme Cour t on behalf of the convict, the Government Advocate, Minis try of Law will intimate the fact to the State Government and also to the Secretary to the Government of India, Ministry of Home Affairs. The Government Advocate will keep the aforesaid a uthor ities in for med of a ll development s in the Supreme Court, in those cases which present unusual features. In all cases, however, he will communicate the result of the appeal or application for special leave to appeal, he will communicate the result of the appeal or application for special leave to appeal, to the State Government of the State concerned, by express letter, endorsing a copy of his communication to the Secr etary to the Government of India, Minis try of Home Affairs. the Sta te Government of the State concerned, as the case may be, shall for thwith acknowledge the receipt of the communication received from the Government Court in each case will be su pplied by the Government Advocate, Ministry of Law, in due course to the S tate Government, who shall acknowledge the receipt thereof. The execution of the sentence of death shall not be carried until after the receipt of the certified copy of the judgment of t he Supr eme Cour t dismissing the appeal or the application for special leave to appeal a nd until an intimation has been received from the Ministry of Home Affairs about the r ejection by the President of India, of the petition for mercy submitted, if any, by or on behalf of t he convict. 12.74 Minimum per iod of execution of death sentence. A minimum period of 14 days was stipulated by the Supr eme Cour t between the receipt of the communication of the rejection of the mercy petition and the scheduled date of execution. This is to enable the convict to prepare himself and settle his affa irs and meet his family members for one last time or to a vail any judicial remedy. Communication to have special marking 12.75 The words ‘Death sentence’ should be inserted before the addr ess in communication relating to ca pit al s ent enc e. 12.76 In all cases receipts of orders communicating the rejection of petitions shall invariably be acknowledged by r egistered letter. The orders of Government postponing the execution shall immediately be acknowledged by wireless mess age. 12.77 A distinctive red envelope with the words ‘Death Sentence’ and ‘Immediate’ marked on the top left and right hand corners respectively, shall be used in death sentence cases. All Superintendents shall make special arrangements to ensure that communication received in these distinctive envelopes - 104 - Ex-595/2017 are received in the prison at any time of the da y or night either by the Jailer or in his absence by the senior most officer in charge of the Pr ison at the time the communication is delivered who:- i) shall note t he time and date of receipt of the communica tion in the receipt register, and ii) shall immediately place the communication before the Superintendent, or in his absence the officer next below him, for orders. Act ion on fina l confir ma tion of Death S ent ence 12.78 The Sta te Government sha ll fix the date of the execution of a convict if his Mercy Petition is rejected. 12.79 On r eceipt from the State Government of the final confirmation and the date of execution of a convict. i) the convict and his relatives shall be informed about the date of execution by the Superintendent; ii) the convict, if he so desir es, be permitted to pr epare his will in his will, his statement to that effect shall be recorded by the Senior Jailor. Execution of death sentence 12.80 All executions shall take place at the prison to which the warrant is directed, unless expressly ordered otherwise in the warrant. They shall usually be carr ied out in a special enclosure atta ched to, or within the walls of the prison. No convict shall be executed on a da y which has been notified as a public holiday. Postponement on medical grounds 12.81 The execution of a convict shall not be carried out on the date fixed if he is physically unfit to receive the punishment, but in determining the degree of physica l disability sufficient to justify postponement of the execution, the illness shall be both serious and acu te (not chronic) before postponement is considered. 12.82 The Superintendent shall a t once submit to the Inspector Genera l a det ailed r eport of such cases together with the medical opinion regarding the degree of physical disabilit y of the prisoner and the probable date, if any, on which the prisoner is likely to become physically fit for execution. Delay in capital sentence 12.83 Should any extraordinary or unavoidable delay occur in carrying out a capital sentence into execution from any ca use other than the submission of an appeal or application, the Superintendent shall immediately report the circumstances to the Sessions Judge and return the original warrant either for the issue of a fresh war rant, or for an endorsement upon the same warrant, of an order cont aining a definite date for car rying the postponed sentence into effect. Witnessing the execution of death 12.84 Prisoners shall never be made to attend an execution. In such cases, it shall rest with the Superintendent with the prior sanction of the DG/IG to determine what prisoners shall be selected to witness the execution. Arr angement for execution 12.85 On r eceipt of the date of execution of the prisoner, the Superintendent shall be authorized to fix the time of execution s ufficiently in advance. A report intimating the time of the execution shall be sent to the Inspector General, the Sessions Judge a nd the Government. Note:- The execution shall take place early in the mor ning before it gets b right. The latest time of the day for differ ent seasons will be in accor dance with orders passed sepa rately by the Government. - 105 -Ex-595/2017 12.86 The Executive Engineer (P WD) s hall arra nge the inspection of the gallows every quarter and before the date of a hanging as a nd when intimated by the Superintendent. The ga llows shall be inspected and the rope tested in the presence of the Superintendent the evening before the execution, he being personally responsible that these arra ngements are pr operly made. A new rope need not necessarily be used for every execution, but the Superintendent shall see that the rope is car efully tested. As a rule, a bag of s and weighing 1 ½ times the weight of the prisoner to be hanged and dropped between 1.830 and 2.440 metres will afford a safe test of the rope. Two spare ropes for each prisoner sentenced to death shall be kept ready in reserve on the scaffold in the event of a ccidents. 12.87 The Medical Officer shall report in the medica l report about the drop to be given to the prisoner at least four days before the date on which the prisoner is to be executed. T he Medical Officer of the prison shall work out the details of the length of the drop to be given to a prisoner on principles shown below:- (i) If the prisoner weighs less than 45.360 kgs, he should be given a drop of 2.440 meters.; (ii) If the prisoner weighs from 45.330 to 60.330 kgs, he should be given a drop of 2.290 meters. (iii) If the prisoner weighs more than 60.330 kgs, but not more tha n 75.330 kgs, he should be given a drop of 2.130 meters; (iv) If the prisoner weighs more than 75.330 kgs. but not more than 90.720 kgs, he sould be given a drop of 1.980 meters.; v) If the prisoner weighs more than 90.720 kgs, he should be given a drop of 1.830 meters. 12.88 Provided that so long as the ext reme limits of 1.830 meters on the one hand and 2.440 meters on the other hand are adhered to if, owing to physical peculia rity of the pr isoner, the Medical Officer is of opinion that the dr op should be increased or decr eased, effect should be given to the Medical Officer ’s opinion. Note:- T he above ca lculations are based on the assumption that the execution r ope will be made of cotton yarn / manila of 2.59 to 3.81 cms Diameter. 12.89 The following measures shall be adopted regarding the fixing of the length of the rope to permit the required drop: i) The height of the prisoner to the angle of the jaw immediately below the left ear shall be accurately measured, as well as, ii) The height from the drop s hutter, when fixed in position, to the lower portion of the ring in the beam to which the rope will be affixed. 12.90 These two measurements will determine the distance when the pr isoner is standing in position on the drop, from the point of the latter ’s jaw to the ring in the beam. The measurement of the prisoners neck shall a lso be carefully taken, the neck measurement and t he height measurement to a ngle of jaw being carried out immediately after the prisoner has been sentenced to death. The length of r ope for any given drop shall b e the length of the drop plus the distance fr om the angle of the prisoner ’s jaw to the ring in the beam. 12.91 That is to say, that assuming the distance between the angle of the jaw and the iron ring to be 1.220 metr es and t he desired drop to be 2.130 metres, the amount of free hanging from the r ing shall be 3.350 metres from the ring to the leather washer mainta ining the loop in position on a pillow of gunny cloth, filled with sand, of the same thickness as the neck of the prisoner. 12.92 Wax or butter shall be applied t o the loop of the rope. After testing, the rope a nd other equipment shall be securely locked and sealed in steel box and shall be kept in charge of Jailer. 12.93 The gallows shall be inspected and the rope test ed in the pr esence of the Superintendent the evening before the execution; he b eing per sonally responsible that thes e arrangements are prop erly made. A new rope need not necessa rily be used for ever y execution but the Superintendent shall see that the rope is carefully tested. As a rule, a dummy or a bag of sand weighing 1½ times the weight of the prisoner, hung and dropped between 6 and 8 feet or 1.83 and 2.50 mtrs. will afford a - 106 - Ex-595/2017 safe test of the rope. Two spare ropes for each prisoner shall always be kept ready in reserve on the scaffold to meet any contingency. 12.94 Wax / butter shall be applied to the loop of the rope. After testing, the ropes a nd other equipment shall be securely locked and sea led in a steel box and shall be kept in cha rge of the Jailer. Presence of officers at execution of prisoner 12.95 The Superintendent, Deputy Superintendent, Senior Ja ilor and Chief Medica l Officer shall be present at all executions. An Executive Magistrate deputed by the District Magistrate shall attend the execution and countersign the warra nt. If the prisoner so desir es, a priest of his faith ma y be allowed, at the discretion of the Superintendent, to b e present at the place of execution, subject to the requirements of security and prison discipline. 12.96 Relatives of the pr isoner a nd other prisoners sha ll not be allowed to witness the execution. The Superintendent may, however, permit social scientists, psychologists, psychiatrists, etc. who are conducting research to be present. T he Superintendent’s discretion shall prevail in the matters relating to gra nt of permission to witness execution. As a matter of general policy, other persons shall not be permitted to be present. 12.97 A police guard of not less than ten cons tables and two Head C onstables or an equal number from the prison Armed Gu ards, shall be present at every execution. The Superintendent of Police will supply the guard on application, where no armed guard of the pr ison exists. 12.98 Prisoners of all categories shall be kept locked up until the execution is over and the body removed from the prison. Execution 12.99 The Superintendent, the Ex ecutive Magistrate, The Medical Officer and the Deputy Superintendent will visit the prisoner in his cell before the hour fixed for execution. T he Superintendent and the Executive Ma gistrate shall then identify the prisoner as the person named in the warr ant and read over to him a translation of the warrant in his mother tongue. Any other documents requiring attesta tion by t he prisoner such as his will etc. shall be signed and attested in the p resence of Superintendent and the Executive Magistra te. The hands of the convict shall be pinioned behind his back. 12.100 A cotton ca p with flap sha ll be put on the prisoners fa ce just before he enters the gallows-enclosures. The prisoner should not be allowed to see the gallows. The Superintendent shall invariably see that the rope round the neck of the prisoner is adjusted properly and the knot is placed in the proper posit ion. 12.101 The operations mentioned above should be done simultaneously and quickly as possible. On completion of a ll these operations the Superintendent shall give a signal, on seeing which the executioner in charge shall push the lever to release the trap-door. 12.102 The body shall remain suspended for half an hour before being taken down or until the Chief Medical Officer has certified that the life is extinct. Hangman’s fees 12.103 The hangman shall be paid at the rates fixed by the State Government for the execution of each convict. Disposa l of body 12.104 Subject to the provisions of this paragraph, the body of the executed prisoner shall be disposed of according to the requirements of the religion to which the executed convict belonged. 12.105 If the executed prisoner ’s relatives make a written application for performing the last rites, the Superintendent may, in his discretion, allow such request, provided that the relatives give an undertaking in writing that they will not make a public demonstration of any kind in relation to the cremation or buria l of the executed convict. In cases where the Superintendent thinks that there is - 107 -Ex-595/2017 a likelihood of a public demonstration, he has the authority to refuse such permission. In cases of disposal of the body of executed prisoner, in whose ca se there is likelihood of public demonstration, the Superintendent shall consult the District Magistrate and arrangements for the disposal of the b ody sha ll b e made a ccor ding t he r equ irement s of the s it ua t ion. In su ch event , t he S u per int endent shall act in accordance with the instructions of the District Magistr ate. 12.106 Except as provided in this chapter, the body of the executed prisoner shall be taken out of the pr ison with all solemnity. A municipal hearse or ambulance shall be used for the transportation of the body to t he cremation or bur ial ground. T he Superintendent is a uthorized to incur all reasonable expenditure required for the transportation and disposa l of the dead body. Report of execution of death sentence 12.107 The Superint endent shall, immediately aft er each execution, send a report thereof to the DG/IG in Appendix - 10 and he shall return the war rant duly endor sed to the Court which issued it. Chapter XIII EMERGENCIES Situations to be handled on an emergency basis 13.01 The following situations shall be handled as emergencies: i.Escape from prison ii.Outbreak iii. Riot s iv. Strikes v.Hunger Strikes (individua l or mass) vi . Assault vii. Suicide viii. Accidents ix. Fire x.Epidemic xi. Food poisoning xii. Overcr owding xiii. Failure of water supply, electric lighting arrangements, and other essential prison s ervices like conservancy a nd plumbing ; xiv. Non-supply of food or raw materials resulting in the interference of pr ison routine xv. Flood xvi. Ear thquake xvii. Terrorist Attack xviii. Bomb Explosion xix. War/Bombing xx. Nuclear, biologica l and Chemica l Disasters xxi. Any other man-made/ natura l disasters Measures to prevent and control emergency situations 13.02 It is the responsibilit y of the Superintendent to take sufficient measures for pr eventing and cont rolling emergency situations, in conformity with the Disaster Management Act, 2005 and any other Act, that ma y be relevant and all other instructions/orders issued b y the competent authority from time to time, it. Thes e measu res may inter a lia include: i.dema rcation of an out-of-bound area around the perimeter wall of the prison, ii.adequate gua rding a nd security measures a nd periodical inspections, iii. system of thorough searches, - 108 - Ex-595/2017 iv. proper maint enance of the pr ison building a nd premises, v.proper custody of tools and equipment, vi. proper cont rol of movement of p risoners ; vii. timely segregation of prisoners who are instigators, or of bad character, and a re potential risks to prison discipline, viii. prompt and strong but considerate handling of all discipline problems, ix. attending to care and welfare r equirements of prisoners, x.system of good discip line, xi. careful handling of plant and equipment, xii. periodical inspection of plant equipment and emergency operation, xiii. accident pr eventive measu res, xiv. fir e preventive measu res, xv. fire fighting equipment a t all vulnera ble points, xvi. good environmental and institutional sanitation and hygiene, xvii. proper procedure of quarantine for newly admitted prisoners, xviii. segregation of prisoners suffering from contagious diseases, xix. proper stor age and inspection of articles of food, xx. observance of the r equired minimum standa rds in kitchen and canteen operations, service of food and eata bles, xxi. wire guards on trees to discoura ge prisoners climbing them for escape, xxii. standby arr angements for water storage, power plant, and emergency lighting, xxiii. concealing all dra inage and water pipes in the buildings. xxiv. Delegation of powers to prison officers (Assistant Jailer, Deputy Superintendent and Superintendent of P risons) to use force in emergent situations as is given to the police. Equ ipment for emer gencies 13.03 Each prison shall b e properly equipped with the following to meet var ious types of emergencies: i.Fire fighting equipment ii.Emergency lighting arrangements like electric torches, gas lights, kerosene lamps and oil torches iii. Sear ch lights iv. Steel helmets v.Canes vi. Tear gas equipment vii. Wa ter hos es viii. Telephones, inter-communication system and walkie-talkies ix. Arms and ammunition x.Ladders, axes, knives, ropes, cha ins, ha ndcuffs, alarms and sirens xi. First Aid kit xii. Video camera/ Digital camera/ any other electronic equipment for photogra phy/ modern equipment s uitable to tackling any of the above emergencies The State Government may consult SDRF/ NDRF/ MHA for revision of list of equipments from time to time. 13.04 The Superint endent shall obtain the necessary sanction of the Inspector General of Prisons for the purchase of articles listed above. 13.05 It shall be the responsibility of the Superintendent of Prisons to ensure tha t all t hese equipments are alwa ys kept in good condit ion for use in emergency. Pr epa ra tions for emer gencies 13.06 Institutions where dangerous prisoners a re kept , or where there is a likelihood of any kind of serious disturbances, should be fu lly equipped in all respects. In such institutions, the security a rrangements should also be very str ict. - 109 -Ex-595/2017 13.07 Each central and district prison should ha ve a Quick Reaction Team as pr ovided in Chapter V (Custodial Management).The personnel of this squa d should be given special tra ining in handling various emergencies or unforeseen situations and should also be properly equipped and ready for action. 13.08 Drills for handling emergencies should b e held at fixed intervals and a report should be s ubmitted to the Inspector General of Prisons in the prescribed form. General instructions for handling emergencies 13.09 The general instructions to be followed in handling emergencies: i. Giving immediate first a id to the injured ii. Preventing entry int o the affected area, iii. Immediate a ction to counter the spread of trouble to other a reas iv. Quick intima tion to all authorities concerned v. Reporting t o authorities concerned for help, if necessary vi. If the Superintendent is not present in t he prison when the problem occurs, he shall reach there as soon as he gets its information of such emergency and take suitable measures for cont rolling it. Information shou ld also be sent to the Additional or Jailer who sha ll reach the prison immediately and either assists the Superintendent or take charge of the situation. ESCAPESounding an alarm 13.10 A siren or an alarm bell (which may be electronic, electric or manual) that can be easily heard at the quar ters of the subordinate officials shall be kept near the main gate of every prison, and in places where prisoners are employed in la rge numbers. In the la tter ca se the a larm should be loud enough to be heard at the main gate. i. Use of control measures, such as handcuffing, locking prisoners, segregating the trouble makers and mob dispersal ii. Tightening all security measures according to the requirements of the situa tion iii. Mustering all possible help for effective handling of the emergency iv. Obta ining a ll necessary assistance from the District Collector, the Police and the Fire Brigade. 13.11 The sequence of alarms starting with the blowing of a whistle, followed by the sou nding of the bugle and then st riking of the alarm gong sha ll indicate the need for urgent help because of a n escape or its attempt. Escape attempts 13.12 Should any prisoner attempt to escape, the gua rd or sentry shall at once ra ise the alarm if the help of other gua rds is essential to pr event the prisoner's escape. He shall at the same time take all necessary s teps to prevent the pr isoner's escape. The armed guard shall be r eady at a moment's notice to pr event any group attempt to escape from the prison. When an escape takes place from an extramural group 13.13 On the alar m being sounded because of a n escape from a work site from outside the prison, the officer in charge of the standing guard a t the ma in gate shall dispatch as many warders as he can spar e for assistance. The r emaining warders shall wait for orders from the senior officer present. 13.14 The warder in char ge of the outside group, from which a prisoner ha s escaped, sha ll, aft er sounding the alarm, send one of his escorts to apprehend the pr isoner and after collecting the remaining prisoners shall mar ch them back to the main gate of the prison where he shall r eport the escape to the senior officer on duty. - 110 - Ex-595/2017 Duty of the Jailer 13.15 As s oon as a report of an escape is received, the Jailer or another senior officer on duty shall: 13.15.1 dispatch a party of sufficient strength to search the locality where the escape has occurred, and 13.15.2 inform the Superintendent and the Additional Superint endent of the escape who in turn shall take suit able action for appr ehending the escaped prisoner/prisoners. Escape during night 13.16 If the esca pe takes place during night a nd there is possibilit y of the prisoner still being inside the prison, search sha ll be made with torch lights inside the prison. Duty of Superintendent 13.17 The Superintendent shall give prompt notice of the escape to the nearest police station, the Executive Magistrate of the area and the District Magistrate such information shall be accompanied by a nominal roll giving a description of the esca ped prisoner. He shall also send immediate intimation, by t elegraph, to the police station near the prisoner's home. If the pr isoner belongs to a district other than that in which he was in prison, intimation shall be sent to the Ma gistrate of his district or to the Commissioner of Police of that a rea. Report to the Inspector General 13.18 If a prisoner escapes, the Superintendent, or in his a bsence the Additiona l Superintendent or Jailer, sha ll immediately convey the message over phone to the Inspector General and in his absence to the next officer availa ble in the headquarters, followed by a detailed report within 24 hours from the time of escape. A copy of t his report shall also be sent to the government. It shall contain information on the time and circu mstances in which the escape occurred, the party or parties by whose neglect it occurred, whether the prisoner has been recaptured and if not, the measures t aken to r ecaptur e him. When the prisoner is recaptured, another report shall be sent to the Inspector Gener al of Prisons. Publication of escapes 13.19 Notice of escape of prisoners and of the r ewards offered for their reca pture shall be published in the District Gazette, if so ordered by the Inspector General. Power to sanction reward 13.20 The Inspector General of P risons ma y take decisions regarding the sa nctioning of r ewar ds in such cases. Reward to prisoners preventing an escape 13.21 All cases in which prisoners prevent an escape, either by warning the officials about any plot or preparation, or by seizing a prisoner a ttempting to escape, or in any other manner, shall be brought to the notice of the Inspector General, with a view to giving them suita ble rewards. Punishment for facilitating an escape 13.22 Every officer of the prison, because of whose assistance, connivance, or neglect, an escape takes place, shall be prosecuted under sections 222, 223 or 225 A of the Indian Penal Code, 1860 unless very extenuating circumstances a re present or the Superintendent considers the evidence insufficient to procure a convict ion. Procedure on recapture 13.23 The recapture of the prisoner shall be informed to all those who were informed of the escape originally. 13.24 A recaptured prisoner may be received ba ck into prison on his original warr ant. - 111 -Ex-595/2017 Disposal of warrants of escaped prisoners 13.25 The warrant of a prisoner who escapes from prison sha ll be retained in the prison for 10 years from the date of his escape. If he is not recaptured within that period, it shall be returned to the commit ting cour t with an endor sement giving the reasons. OUTBREAKS Alarm to be sounded on outbreak 13.26 Whenever there is a jail outbreak, or a nd agit ation inside a prison, the concerned Superintendent / Addl. Superintendent of Prison should inform the District Police who will take necessa ry action to cont rol the situation and bring or der inside the prison. However, till the arrival of the District Police, the prison guar ds and securit y personnel gua rding the prison shall initia te steps to control the situation and prevent further untowar d incidents. 13.27 In the event of an outbreak or disturbance, the prison official present at the scene of occurr ence shall raise an alar m by blowing his whistle hear ing which the warder staff shall blow their own whistles. It will be followed by sounding of gong or sir en at the main gate. Every prison official outside the prison shall pr oceed at once t o the guard room and ar m himself with a baton. A messenger shall be sent by the senior officer present to the Superintendent, Addit ional Superint endent and Jailer who shall summon every ava ilable man. When the alarm is sounded 13.28 At the sound of the alarm the reserve guard sha ll arm themselves wit h service weapons arms and stand outside the prison on alert. The ma in gate sentry along with other warders shall be posted between gates and unless the prisoners are act ually threatening the main ga te, the rest of the force available shall enter the prison armed with batons and proceed at the double to the scene of the disturbances. But if the prisoners are thr eatening the main gate, it must be defended until the guar d is strong enough to enter a nd drive the pr isoners back. The armed reserve guar d shall not enter the prison or arrive at the scene of the disturbance until specially sent for by the officer in command. Duty of convict s on hearing a n ala rm 13.29 When the ala rm is given it shall be the duty of every convict to run at once to previously defined places of s ecurity, usually the nearest sleeping barrack, where they shall be locked in by the war ders inside the prison. Prisoners should be warned in adva nce tha t neglect of this rule shall render them liable to be treated as par ticipating in t he outbr eak. Methods of quelling disturbances 13.30 On reaching the scene of disturba nce, the guard shall proceed to quell it by using batons or tear gas, if a vailable, as the officer in command may decide. Action shall first be directed to prevent any attempt at escape, to isolate the rioters from other convict s, and to rescue any prison officer who may be in danger. If the disturba nce is a ccompanied by an attack on any prison official, or by a combined attempt t o escape, the officer in command shall war n the prisoners that they will be fired upon if they do not submit. If circumstances p ermit, this warning s hall be repeated three times. If the prisoners do not submit, or the outbreak or disturbance cannot be quelled, the officer in command may summon the reserve guar d and open fire on these prisoners. He shall stop the firing as soon as t he p r is oner s cea s e r es is t a nce or s u b mit . Only minimu m for ce neces s a r y s ha ll b e u s ed in a ll cir c u ms t a n c es . 13.31 On a rrival of the Superintendent, or Additiona l Superintendent, their orders shall be ta ken and all officers fr om the r ank of Jailer and below shall act as per their orders. 13.32 Prison officials shall not attempt to disperse a mob outside the prison unless the prison staff is threatened. - 112 - Ex-595/2017 13.33 Enquiries on incidents like assaults on prison officia ls shall be conducted by the Superintendent, or such other officer a s the Inspector Gener al may dir ect. Defence of main gate 13.34 The main ga te sentr y and the additional warders posted between gates shall defend the main gate. If prisoners cannot be driven back by any other means, firing shall be resor ted to after due warning. It shall be stopped as soon as the prisoners are driven back. Disturbance within wards 13.35 If the disturbance occurs within the wards, the a vailable force shall enter the prison armed with batons and shall proceed at the double to the yard gate. A pa rty sha ll be detached to enter the ward and quell the disturbance while the remaining for ce wait s at the yard gate. Treatment of extramural groups 13.36 Groups which are outside the prison when the alar m is sounded shall at once be collected and made to sit close together under the charge of their escort till t he disturbance is over. If the situa tion permits these groups shall be ta ken in and locked up in a ward so that the warders in charge of the group can be released for other duty. Rehearsal of procedure on alarm 13.37 It is of importance that if an outbreak occurs, every man knows precisely what he has to do. In order to perfect this procedure, a n alarm parade shall b e held once in two months or more often in each prison. All steps laid down in the rules shall be rehearsed as accurately and promptly as possible. T he convicts too shall be trained to run at once to the assigned place of security when the alar m is sounded. No arms shall be taken inside the pr ison during pr actice alarm parades. The Superintendent sha ll make a record of each pra ctice session and its results in his register. ACCIDENTS AND SUICIDES Procedure when unna tural death occurs 13.38 Whenever a sudden or violent death or suicide ta kes pla ce in a prison, immediate notice shall be sent to the Superintendent and the Medical Officer. The body shall be left untouched in the position in which it was found for inspection by these officers. 13.39 If there ar e chances that the person is still alive, measures shall be taken at once for the prisoner's first-aid a nd treatment a nd revival. 13.40 In t he case of a pr isoner found suspended by a rope in an attempt to commit suicide, and there is reason to believe that he may still be alive, the body shall b e raised at once to r elieve pressure and laid gently on the grounds. All measures shall be taken to restore consciousness, without waiting for assistance, which however shall be called for without delay. In all events of a death procedures laid down in the chapter on death should be followed. Custody of articles used for suicide 13.41 Knives and tools used in worksheds and ba rber's or tailor's equipment shall be counted and locked by t he warders ever y day. Ropes for wells shall be properly secured or locked up, and the wells themselves protected to prevent persons falling or throwing themselves in. Care shall be taken that nothing is left about in the prison that may be used for suicidal purposes. Precautions against the prisoners with apparently suicidal tendencies 13.42 Prisoners with appa rently suicida l tendencies shall be carefully watched and not left alone in a cell. Such prisoners should also be referred to counselors and psychiatrists and should be supervised closely. - 113 -Ex-595/2017 Employment of convicts on dangerous work 13.43 When prisoners are employed in b lasting, excavation or other work of a dangerous character, it shall be the duty of the officer condu cting t he work to take every reasonable pr ecaution to guard aga inst accidents. In blasting operations, no convict shall be employed to fire the charge. In excavations, the walls shall be sloped or cut in st eps. Custody of poisons 13.44 Poisonous dr ugs and drugs inducing drowsiness, surgical instruments and other similar things s hall not be left within the reach of prisoners. Every receptacle containing any poisonous drug shall be labelled "Poison" in la rge pr inted characters. All these s hall be kept under lock and key. Under no circumstances such key shall be entrusted to a prisoner. Precaution against drowning 13.45 A st rong rope and grappling irons shall be kept in the guard room of every prison, to be at hand in case of accidents in wells. FIRE Prevention of fire 13.46 Special car e shall be taken while using kerosene and gas lights in a ny office or store room. Even in the maintenance of electric lights, any leakage shall be immediately br ought t o the notice of the Jailer and rectified without delay. 13.47 All staff in charge of offices and stores shall take a round of the offices a nd stor e rooms before they are closed for the night and satisfy themselves that everything is safe. 13.48 Fire shall be used in the workshops in properly constructed fireplaces and the senior officer, who locks up the prison, shall satisfy himself before leaving tha t these fires a re properly extinguished. The concerned senior technical staff of the section shall also be responsible in this regard. 13.49 No burning coal, wood or other fu el used in kit chen shall be allowed to be taken out. Those in char ge of the kitchen sha ll be r esponsible for any violation. If liquefied petroleum gas is used in kitchen it shall be ensured that gas cylinders ar e stored in a secured room in accorda nce with the safety rules for storage of LPG cylinders and that no prisoner has a ccess t o such place. If any fire occurs nobody shou ld be allowed near the gas room until the fire is completely quelled. 13.50 There shall be fir e hydra nts and fire fighting equipment (sand and water buckets) in all parts of the prison, and especially at all vulnerable points decided in consultation with the District Fire Officer. 13.51 Electric ins tallations in the prison shall be inspected at regula r intervals. 13.52 In extramur al camps and open institutions, precautions such as provision of a lar ge supply of water and fire fighting equipment sha ll be kept ready at hand. 13.53 Each S uperintendent shall draw up instructions on fire sa fety and the drill to be adopted in his prison, showing the respective duties of a ll members of the prison establishment on an alarm of fire being given. He shall make the staff rehearse the fir e drill at least once in six months. This would include fire fighting safety measure and evacuation techniques. 13.54 In the event of a fire immediate information to fire brigade shall also be sent. Till help from the fire brigade is r eceived, every attempt to quell the fire sha ll be made. In the event of fire breaking out in the prison by day or night, the ala rm shall be sounded. 13.55 Steps shall be taken to ensure that fire does not spread to other par ts of the prison and the lives of prisoners a nd of members of the staff a re not endangered. In the event of an injury to a prisoner, or a member of the staff on duty, because of fire (a) medical attention t o the injured shall be given and (b) an inquiry sha ll be immediately held and statements of the injured prisoner or member of the sta ff and other witnesses shall be recor ded. - 114 - Ex-595/2017 EPIDEMICS Epidemics and precautions against them 13.56 Epidemics which are likely to occur in prisons are cholera, enteric fevers, gastro-enteritis, chicken pox, measles, mumps, influenza, cerebrospinal meningitis, pneumonia, plague, beriberi, scurvy and epidemic dropsy. 13.57 When an epidemic is present in the vicinity of a prison, communication between the staff and the infected locality shall be, as far as possible, prevented and special care shall be taken that all arra ngements to meet an outbreak ar e completed. Removal to a segregation shed 13.58 Every prison shall be provided with a permanent segregation shed outside the prison walls. On the occurrence of a case, or a suspected case, of cholera or any other infectious disease, the patient shall not be taken to hospital bu t shall be immediately removed to one of these sheds while all orderlies a nd scavengers a ttending on the case shall be strictly isola ted in another shed. On no pretext sha ll they be allowed to enter the prison or communica te with other p risoner s until all risk of infection is over. If possible, the prisoners shall be removed to an infectious disease hospital outside the pr ison. Treatment of prisoners after contact with infection 13.59 All prisoners employed in cleaning a war d in which a case of suspected infectious disease has occurred, or who have been in contact with the patient, shall be detained under medical observation in a separa te building to prevent their mingling with other prisoners. Special care shall be ta ken tha t they bathe and feed separately. Prison officers' clothing, if infected 13.60 If there is any reason to think that the clothing of any warder or other prison officer is likely to have been polluted by any cholera discharge, it shall be at once withdrawn from use and disinfected. Treatment of the infected barrack 13.61 The barrack in which a case occurs shall be immediately vacated and the inmates kept together and not allowed to go near other prisoners. The va cated barrack shall be thoroughly disinfected. Vaccination or inoculation 13.62 Whenever a case of an epidemic occurs, the Medical Officer shall at once arra nge for vaccina tion or inoculation, as the case may be, of a ll prisoners, prison personnel and members of their families. Accommodation of patient 13.63 Overcrowding must be strictly avoided both in the hosp ital as well as in every cell and ward. If the epidemic is sever e then it may b e desir able us e the entir e hospital for treatment of epidemic ca ses, removing all other cases to a temporary hospital that ca n be set-up in a ward or workshed, (if no better place is available). Minor cases of colic or ordinary diarrhoea shall also be treated separately and not admitted to the hospital until the characteristic symptoms of cholera and diarrhoea have disappeared. Sterilisation of drinking water 13.64 On the recommendation of the Medical Officer dr inking water shall be thoroughly boiled. Ga s or Firewood shall be made ava ilable for this purpose to the minimum extent necessary as decided by the Inspector General of Prisons. Care shall a lso be taken to ensur e that sufficient appliances for - 115 -Ex-595/2017 boiling of water a re also provided. As far as possible, rever se osmosis pla nts should be in place in prisons to p revent water bor ne diseases. Observation of prisoners 13.65 The general condition of prisoners shall be car efully watched to detect incipient cases. Any person atta cked by premonitory symptoms shall be removed for tr eatment at once. Convict officers shall be required to report any sign of sickness at once. A prisoner visiting the latrine more often than usual shall be placed under observation. Tr eatment of hospit al floor 13.66 The floor of the segregation hosp ital shall be washed or sprinkled liberally with 2% saponified cr esol or izal lotion. Disposal of dejecta 13.67 The dejecta shall b e placed in a vessel with a close fit ting cover cont aining an equa l part of 4% cresol or izal lotion for two hour s and then buried. The deject a can also be incinera ted with saw dust, paddy husk or kerosene. Cleanliness of prisoners 13.68 Special attention shall be given to the cleanliness of prisoners and their clothing. The water used for washing shall not be allowed to remain within the pr ison walls. Treatment of clothing and bedding 13.69 The clothing and bedding of the inmates of an infected ward shall be either immersed for 30 minutes in boiling water or kept in 20% carbolic or cr esol lotion and then a ired and retur ned to them after they have bathed. Hospital clothing and bedding used by infected patients shall be bu rnt. Disposal of a infected corpse 13.70 The body of a person who has died of an infectious dis ease shall be wrapped completely in a sheet saturated with 2% carbolic or cresol lot ion and buried/cremated without the least delay. Report to the Inspector General 13.71 The first occurrence of a case of cholera or a ny other infectious disease shall be at once reported to the Inspector General by telegram which shall be followed by a written report on t he same day, stating the circumstances of the case a nd the measures taken to arrest the progress of the diseases. 13.72 The next two cases too sha ll likewise be reported by t elegram to the Inspector General. On the occurrence of the second case, the Superintendent sha ll submit a report stating whether he proposes a la rge sca le segregation of prisoners within the prison premises. If he does then he shall elaborate the measures he is taking for it. If he does not plan segregation, he shall reasons for that as well. If the Inspector General is a bsent from the Headquarters, the report shall be telegraphed to him. When sha ll a disease be deemed epidemic 13.73 If three or more ca ses occur within one week of the occurrence of the first case of cholera, it shall be concluded that the disease has assumed an epidemic form. Rules generally applicable to epidemics 13.74 The above r ules relate for segregation are also applicable to other disease, such as small pox and plague. In these cases, the necessity for segregation is equa lly important. In case of typhoid fever, changing the water supply is of primary importa nce. - 116 - Ex-595/2017 Da ily r eport dur ing epidemic 13.75 Whenever an epidemic prevails in a prison, a da ily report shall be furnished to the Inspector General. In t his report the Medical Officer shall briefly note the progress of the epidemic, the measures he is taking to a rrest it, and any information he ma y consider of importa nce. A copy of this r eport shall also be sent to the Director of Medical Services. Special epidemiological inquiry 13.76 The Inspector Gener al, in consulta tion with the Director of Public Health and Preventive Medicine, may call for anepidemiological inquiry or report from the Chief Medica l Officer/ Medical Officer whenever he considers it a dvisa ble. A copy of such an inquiry r eport shall be furnished to the Director General of Health Services, Government of India , New Delhi. HUNGER STRIKES P rocedur e to be followed in cases of hunger str ikes 13.77 Prisoners who go on hunger strike shall b e warned that no redress of any alleged grievances shall be allowed as long as the strike continues and that they shall be liable to a ny prison punishment or to prosecution under S ection 52 of the Prisons Act, 1894. 13.78 After sufficient wa rning, and before the refusal to take food has adversely affected them, and if any other punishment appears unlikely to deter them, they may be prosecuted under Section 52 of the Prisons Act, 1894. The usual concession in the matter of interviews and letters of such prisoner shall be restricted to members of the legal pr ofession only. If any such pr isoner proposes to engage a member of the legal profession to represent him, a vakalatnama shall be executed by the prisoners in favour of the member of the legal pr ofession and only that member shall be permitted to interview the prisoner in this regard. 13.79 In the event of mass hunger strike by the prisoners, the Superintendent shall permit reasonable number of members of the legal profession to interview the prisoners.For easy identification, the members of the legal profession should be in their forma l lawyers' dress and give requisition for interview on their letter-heads. If a mass hunger strike amounts to mut iny, the prisoners shall be isolated fr om each other, and fr om other prisoners, a s far a s possible. 13.80 When prosecutions are instituted under Section 52 of the Prisons Act of 1894, the proceedings shall be held within the prison and sha ll be started and completed with as little delay a s possible. Forcible feeding of prisoners on hunger strike 13.81 It is the duty of the prison authorities t o do what they reasona bly can to keep prisoners in their char ge in good health and to save them from death. Therefore, if a prisoner is likely to cause his own death by continuously refusing to take food, the Medical Officer may direct that the prisoner be forcibly fed to keep him alive. Forcible feeding shall not be attempted with unnecessa ry violence. But till such a sta ge is r eached, food approved by the Medical Officer shall be regularly placed beside the prisoner on hunger strike for his consumption. Daily report to the government 13.82 The Medical Officer shall furnish daily reports to the Superintendent on the health of the prisoner who is on a hunger strike. He in turn shall for ward it to the government thr ough the Inspector General. The Superintendent shall send a report to the Collector and the Superintendent of Police concerned. - 117 -Ex-595/2017 OVERCROWDING Overcrowding shall be reported to the Inspector General 13.83 If a prison becomes overcr owded, the Superintendent sha ll take suitable action for accommoda ting all the pr isoners properly, du ly reporting the circumstances leading to overcrowding to the Inspector General. Any other matter pertaining to overcrowding shall always be referred to the Inspector General for orders. Measures to relieve over crowding 13.84 As soon as pr isoners in excess of the available accommodation a re received in any prison or hospital, the Superintendent sha ll s ubmit a repor t to the Inspect or General with a st atement of the meas ures which he proposes to adopt to relieve the overcrowding, and such temporary arrangements, as he thinks best, shall at once be adopted for this purpose. Keeping prisoners in sheds or tents 13.85 Prisoners in excess of the accommodation shall not, except as a temporary measure, be placed in worksheds or verandahs, but shall be kept in sheds or tents inside the prison. The Superintendent shall a lways obtain prior sanction, whenever necessary, for incurring expenditure in this regard and sha ll ensur e economy in every aspect. Earth Quake 13.86 In t he event of an earthquake the following act ion shall be ta ken: (i) The prisoner shall be asked to ta ke cover (kneel down, and cover head with arms) (ii) The prisoners shall be asked to remain in the same position for a few minutes, due to after- shocks. (iii) The prisoners shall be kept at least 14 feet away from windows, mirrors, chimneys, tall book cases, furniture, old and high buildings, poles, trees and electric wires. (iv) The prisoners shall be asked to walk towards an open pla ce, in a calm and composed ma nner (v) Evacu ation a nd rescue measures should be undertaken on instructions from an evacua tion team and unnecessa ry crowding of affected area should be avoided. Other emergencies 13.87 Suit able a ction shall be taken according to the requirements in ca ses of other emergencies as well. The Superintendent shall report the cir cumstances to the Inspector General. A Contingency plan be in place at every jail to tackle any emergency situation such as a ttacks and similar. Senior officers should review such contingency plans during their visits/inspections. Chapter XIV EDUCATION OF PRISONERS 14.01 Education is vital for the overall development of prisoners. Through education, their outlook, ha bits and total perspective of life ca n be changed. Education of pr isoners benefits the society as well as it leads to their rehabilitation, and reintegra tion. Education reduces the tendency to commit crimes. This would mean less crime, fewer victims, fewer prisoners, mor e socia lly productive people, and less expenditure on criminal justice and law enforcement. 14.02 Education is harmonious a nd necessary for the a ll-round development of huma n faculties—mental as well as physica l. It is a tool by which the knowledge, character and behaviour of the inmate can be moulded. It helps a prisoner adjust to the social environment and facilitate his ultimate re-integration in society. - 118 - Ex-595/2017 14.03 Life in prison tends to be monotonous a nd regimented. There is a need to provide pr isoners with adequate educational opportunities in order to enable them to lead a law-abiding and self-suppor ting life following their relea se. It must be understood tha t placing offenders inside prison cells wit hout any attempt to refor m them is an unproductive exercise. Objective 14.04 The objective behind educa tional programmes in prisons may be to channelise prisoners’ ener gies into constr uctive and creative pursuits, instilling in them a sense of confidence, developing amongst them social responsibility and consciousness, fostering amongst them habits and attitudes necessary for adjusting in the community, creating a mongst them an awareness of the fu tility of lea ding a criminal life and uplifting them morally, mentally and socially. A comprehensive educational programme in a prison may aim at: (i) providing opportunities t o illit erate inmates to achieve at least a certain minimum level of education, (ii) extending facilities to literate inmates to advance their educational standa rds, (iii) developing a better understanding of the duties and obliga tions of a citizen, (iv) impr oving the attitude of inmates towards society and fostering a desir e to live as good citizens, (v) assisting the development of good social and ethical habits a nd attitudes so that the inmates may properly adjust their lives when they a re released, (vi) helping them to improve their personalities and ability for social adjustment through individual and group guidance in social living, planning, (vii) developing a point of view which will make the fu tility of a cr iminal way of life apparent to the inma tes, ma king them aware of the advantages of a law a biding life (viii) stimulating sustained interest a nd effort towards self-improvement, and (ix) developing social consciousness and a sense of social responsibilit y and obligations. Planning 14.05 Educational plan for prisoners will be such t hat: (i) The purpose of education is to fa cilit ate transformation, refor mation and re-integration of prisoners into society. In order to achieve these objectives, an adequately trained educational staff and minimum facilities like class rooms and libra ries should be provided in every prison. (ii) Education of illiterate young offenders and adult prisoners shall be compulsory. Correctional Services will pay special a ttention to educational programmes. (iii) Because of wide variations in intelligence level and individual interests of inmates, it is essential to organise diverse educational pr ogrammes to su it the needs of the la rger groups. (iv) Educational programmes should cover subjects which would help develop the inmate as affective members of social groups. The programmes should also help develop insight on the part of the inma tes . (v) The nature of the educational pr ogrammes in an instit ution s hould be related to the size and type of the inmate popula tion and the time earmarked for these pr ogrammes. Educational activities should b e developed in conjunct ion with the overall programme of an institution. (vi) As far as pr acticable, the education of prisoners shall be integrated with the educational system of the State so that after their release they may continue their education without difficu lty. These progr ammes s hould be related to after-car e progr ammes a lso. (vii) The education policy should be formulated in a manner which is adjustable to social environment, leading to ultimate reset tlement of a prisoner in the society. Education should be organised at t hr ee levels: (a) For the illiterate inmates (b) F or the intermedia tes (c) For advanced education. - 119 -Ex-595/2017 (viii) Educational personnel should be oriented, through special training courses, to implement corr ectional policies, programmes and methods as far as practica ble. (ix) Non-Governmental Organisations should be extensively involved in the educational programmes. Nature of an Educational Programme 14.06 The educational pr ogramme should consist of: (i) Physical including yoga and health/hygiene educa tion (ii) Academic education (iii) Social educa tion (iv) Vocational education (v) Moral and spiritual education (vi) Cultural education (vii) Computer education (viii) Legal education/awareness Educationa l P olicy for Inma tes 14.07 On a dmission to the prison, the criteria for initial classification of prisoners should be done on the basis of their educational background, their aptitude to follow further studies, their social background and vocationa l education. 14.08 The policy behind academic education should aim at: (i) Making every illiterate prisoner literate (ii) Developing educational qualifica tions of prisoners 14.09 If a prisoner, who was pur suing studies before his impr isonment, expr esses his intention t o continue his studies and appear for a n examination of any Board/University or instit ution, he should be given due facilities for it. He should be allowed to receive books and writing material from his friends and relatives from outside and purchase books and such materials out of his personal cash kept in the custody of the prison, or a t gover nment expense. Such fa cilities should also be extended to a prisoner who has given up his studies before his imprisonment, but expresses his intention to proceed with it with a view to appear in an examination conducted by any university or other statutory body or a recognized institution. Classification of Prisoners 14.10 Prisoners should be classified on the basis of their aca demic/educational qualifications and their aptitude for further learning at the time of admission in the prison. It should be made compulsory for each prisoner to sit in educationa l classes, arr anged as per their qua lification, for at least two hours in t he day, prefer ably in the mor ning hours. 14.11 The classification committee and educational personnel should together decide the amount of time to be devoted for a cademic education, voca tional education and work for each inmate. As there will be variations in the educational level, intelligence and interests, diverse educational programmes should be organised for different groups of inma tes. Help of educated prisoners 14.12 The help of educated prisoners should be liberally obtained for carrying out educational programmes, in a ddition to the help ta ken from regula rly employed teachers, and utilising similar facilities offered by N.G.Os. Language Classes 14.13 Language classes should b e encouraged. These classes could be run by the educated prisoners, regular teachers and NGOs. This will help the pr ison administr ation harmonise relations between prisoners of differ ent cult ures and communities a nd would improve discipline in the prison. - 120 - Ex-595/2017 14.14 Keeping in view the specia l needs of prisoners, a booklet should be prepared which would enlist various educationa l progr ammes b eing carried out in the prison. Schools for Young offenders 14.15 Every prison should have a regula r school where young offenders can attend regular classes in shifts. This school could be a branch of any government school being run by the Educa tion Depa rtment of the State, with the Education Department pr oviding teachers, equipment and material for teaching young offender s. The school s hould provide education for primary, secondary and senior secondar y levels. It should be mandatory for each young offender to attend classes. The staff posted in the prison should be paid special incentive for maintaining prisoners' interest in attending school. 14.16 The prisoners who pass var ious exa minations should be given certificates as ar e given to students studying in regular schools. Care should be taken to ensure tha t there is no mention of the young offender ’s imprisonment on such certifica tes. Educa tion for S hor t Term P risoners 14.17 For under-t rial pr isoners, and prisoners sentenced to short term imprisonment, educational cla sses could be organised in the ya rds/enclosures where such prisoners are kept. This would facilitate better orga nisation of regular classes for prisoners who ar e required to undertake educational programmes on a short, medium or long term ba sis. Personnel and Equipment 14.18 Following personnel and equipment for the educational programme for prisoners should be provided: (i) Teachers should be provided for r unning and guiding the adult educational pr ogrammes in prisons. Tea chers from the Education Depa rtment could be posted to the prison on transfer/ depu tation basis. Inmates, who a re educated and whose conduct has been good, should be given training in imparting educa tion to others. These trained inmates should assist the regular teachers in organising diversified educational pr ogrammes. The services of retired teachers or NGOs. could also be obta ined in running the educa tional programmes. (ii) Necessary equipment for education like books, stationery, writing material, furniture, etc., should be provided at Government cost. In each prison, a building s hould be ear marked/constructed as a school for carrying out educational activities. Buildings and areas for educational programmes should be earma rked in accordance with the minimum standar ds as fixed by the Education Department for similar purposes. (iii) Study/examination centres of National Open School/Indir a Gandhi National Open University should be established in every Central/District Prison. The strength of educational personnel shou ld be fixed in accordance with the inmate population and the educational programmes to be organised. (iv) The educated prisoners, who help the prison administration in conducting educational programmes, should be given wages/honor arium by the Prison Authorit ies. (v) Audio-visual equipment should be used for educational purposes. (vi) The lodging arrangement of prisoners can a lso be done as per their educational requirements so t hat suitable environment is created in the bar rack/cell to enable them to carr y out the assignments given to them by their teachers. Curriculum 14.19 Curr iculum should be drawn up in accordance with the needs of each inmate group. It should be in line with the educa tional programmes conducted in other educational institutions in the state. It should be planned in such a way as to synchronise with the length of sentence of the inma tes. Educational schedules and time ta bles should be drawn to fit the tota l progr amme of the prison. - 121 -Ex-595/2017 Tests and Examinations 14.20 Following concessions shall be given to pr isoners for pursuing their higher education. (i) At the end of each educational pr oject, inmates should be given test s and examinations. T hese test s/examinations should be conducted inside the prison by the Education Department/ National Open School/Indir a Gandhi National Open University. (ii) No fees, including examination fee, should be cha rged fr om students a ppearing in various examinations. Cases of b rilliant students should be recommended t o Educa tion Depa rtment and other agencies for gra nt of scholarship. Liaison 14.21 The instit ution should establish liaison with the Department of Education/NOS/IGNOU and other approved educational institutions for obtaining educationa l material and other help. Library 14.22 Following fa cilities in the prison library should be provided: (i) Books in the librar y should cater to the needs of differ ent educational standar ds, satisfaction of intellectua l needs, and development of knowledge of the inmates. (ii) The prison library shall be properly equip ped with books, magazines, and newspa pers. T hese shall be issued to the prisoners. Prisoners should be encouraged to develop reading habits. (iii) A librarian should be employed for the management of books and other reading material. Help of educated prisoners could also be obtained, under the supervision of the librarian, to run the library. The librarian shall arrange for and make available books on various subjects for satisfying the needs of prisoners. The libra rian should keep details of books and periodicals a vailable in the library subject/title wise for use by prisoners and for the informa tion of the Superintendent of Pr ison. (iv) Dona tion of books by NGOs. should be encou raged and welcomed. Public and Government schools should be encoura ged to adopt the educational progra mmes being run inside the pr ison for prisoners. (v) A digitalised libr ary with e-lea rning materials may also be provided, to the extent possible. Social, Moral, Cultural and Spiritual Education 14.23 Meditationa l thera py should be used for holistic healing. Prison Publication 14.24 There should be a monthly/quarterly publication for the inmates in select institutions for information dissemination. Accountability 14.25 It should be one of the primary responsibilities of the prison Superintendent and other prison personnel that the pr ogramme of education is implemented in its proper spirit. The su ccess or failu re of the programme, a nd the extent of the educational activities in each institution, should be one of the principal factors on which the performance of these officers should be evalua ted. - 122 - Ex-595/2017 Chapter XV VOCATIONAL TRAINING AND SKILL DEVELOPMENT PROGRAMMES Objectives of Skill Development Programmes and Vocational Training 15.01 Voca tional training and skill development progra mmes should be treated as essential features of prison correctional programmes. The object ives of such pr ogrammes should be: (i) Impa rting discipline and work culture among inmates. (ii) Developing r ight attitudes towards work and dignit y of labour. (iii) Promoting: (a) physical and mental well-being of inma tes; (b) proper development of mind through intelligent manual labour; (c) spirit of fellowship and a cooperative way of living; and (d) a sense of group adjustment (iv) Developing the capacity for sustained hard work, (v) Building habits of concentration, steadiness, r egularity and exactness in work. (vi) Imparting and impr oving work-skills, (vii) Awakening the self-confidence and self-r eliance of inmates, (viii) Training and prepa ring inmates for achieving lasting social r e-adjustment and rehabilitation. (ix) Imparting an occupationa l status and thus creating a sense of economic security among inmates. (x) Keeping inmates usefully employed in meaningful a nd productive work. (xi) Preventing idleness, indiscipline and disorder amongst them. (xii) Maintaining a good level of morale amongst them and thus promoting a sense of self, as well as institutional discipline among them. Policy of the Government 15.02 The State should have a clear policy for skill development programmes and vocational training of prisoners. This policy should be incor porated in the Prison Manual/Rules. 15.03 The employment and production policy in prison should be designed to cater to the needs of prisoners coming from both rural and urban areas. The emphasis should be on the kinds of skills and jobs that would ensure employment, or selfemployment once the inma te is released from prison. 15.04 A "Board of Skill Development Programme and Vocational Tr aining", under the cha irmanship of Inspector General of Prisons, should be set up at the Prison Headqua rters and vested with full fiscal and adminis trative powers. The fu nction of the Board should be to: (i) plan and implement progr ammes of skill development and vocational training, (ii) arra nge funds required to run such programmes, (iii) fix a policy of p roduct ion, (iv) examine the economic aspects of the skill development programmes, (v) put prison skill development programmes on a sound commercial foot ing, (vi) ensure coordination at a ll levels, (vii) evaluate the per formance of the skill development programme each institution, (viii) intr oduce practices and procedur es of modern management of product ion, (ix) guide, supervise, direct and control all matters relating to institutional skill development programmes and vocationa l training, (x) orga nise wor kshops in after-care homes for discha rged pr isoners, and (xi) promote mar keting of prison products. (xii) In consultation with the Ministry of Skill Development and Entrepreneurship, the Government of India ma y identify cer tain tr ades as suitable for the inmates to be tra ined in so tha t once they are released, they may be gainfully employed. - 123 -Ex-595/2017 15.05 Government departments, semi-government departments, cooperatives and public undertakings should purchase articles produced in prison industries as per requirements from the Department of Prisons. 15.06 Clea r rules for the pu rcha se of raw mater ial, consumable articles, t ools a nd equipment should be laid down to eliminate chances of misappropriation or waste. 15.07 A policy should be laid down for the employment of carefully selected prisoners in public undertakings, co-operative farms of the State, and agro-based industries organised in the cooperative sector when they are released from prison. Vocational Training 15.08 Voca tional training progra mmes, in self-employing trades and occupations, should be organised in ever y centr al and district prison for employable convicts. (i) Such programmes should be open to under-trial prisoners who volunteer to undergo such training after testing their vocational ability. (ii) Wher ever possible in larger prisons, an Industrial Training Institute should be esta blished and wher e it is not possible to esta blish one, the help of local Industr ial Tra ining Institutes could be obta ined in training the prisoners. (iii) The prison should have adequate staff for efficient orga nisation of var ious tr aining projects. It should be pr operly equipped with t raining aids a nd classrooms for conducting multifar ious projects to suit the training needs of its inmates. (iv) The prison should have a properly defined organisation for training projects in terms of formation of homogeneous groups and s etting down routine and time schedule of projects. (v) The cost incurred in the t raining project s, expenditure on staff, equipment a nd material, should be treated as essential investment for the purpose of training and r esettlement of offenders. (vi) S pecial emphasis should b e given to voca tiona l tr aining of young offenders, young adult offenders, and others who may derive benefit from the training projects. 15.09 Qualified technical personnel should be appointed in adequate numbers in every product ion unit and for every programme of vocationa l training. Such personnel could be posted in the pr ison on a transfer-cum-deputation basis from the Industrial Training Instit utes of the St ate. 15.10 Vocational training progr ammes should be designed to suit the needs of pr isoners sentenced to shor t, medium and long term imprisonment. 15.11 Active linka ges should be establis hed with the department of Technical Education, Dir ectorate of Industries (including Cottage Industries), Industrial Training Institutes, Polytechnics and Vocational Training Institutions as well as approved NGOs to develop vocational training programmes on a practical and pragmatic basis. 15.12 On the completion of vocational tr aining courses, inmates should be exa mined by the Department of Technical Education of the State concerned and on passing the examination they should be awarded a regular Certificate/ Diploma by that department. 15.13 As a measure of incentive, inmates demonstrating good progress in skill development programmes and vocational training should be a llowed to visit important undertakings and other government owned industr ies. 15.14 The prison industry should be given prefer ential treatment in the matter of gra nting permission to run various industrial/pr oduction units by the State Government. 15.15 The executive and supervisory personnel should be given training in modern methods of management. 15.16 Diversification of programmes of vocationa l training should be given due priority when the Ma ster Plan for diversification of skill development programmes is designed. Employment of Prisoners 15.17 Apar t from convicts, under-trial prisoners, who volunteer to work, should also be employed on skill development pr ogr ammes and be given voca tiona l tra ining in their enclosur es. T he under-t rial - 124 - Ex-595/2017 prisoners employed in the prison industry, or agriculture, should be given fair and equitable remuneration on the same scale as prescribed for convicts. They should also be given labouring diet and other facilities. Under no circumstances should undertrials and remand prisoners be allowed to interact with convicted prisoners. 15.18 No criminal prisoner sentenced to labour, or employed on labour at his own desire, or under-t rial doing labour, shall, except in a n emergency, a nd with the sanction in writing of the Superintendent, be made to labour for more than nine hour s in a day. 15.19 The Medical Officer shall, from time to time, examine the prisoners while they are employed, and shall, at least once in every fortnight , get their weights recorded in their history tickets. 15.20 When the Medical Officer is of the opinion that the health of a prisoner is suffering due to employment on any kind or cla ss of labour, he shall not b e employed on that la bour but shall be pla ced on such other kind or class of work as the Medica l Officer may consider suitable for him. 15.21 Prisoners sentenced to medium and long terms of imprisonment should be given training in multiple skills so t hat they are able to compete with the conditions in the labour ma rket outside t he prisons. 15.22 For planned employment of inmates the following factors should be taken into consideration while orga nising skill development programmes: (i) Menta l and physical health (ii) Requirements of security, custody and discipline (iii) Age (iv) Length of sentence (v) Inmates' skills and abilities and a lso pot ential for acquiring skills (vi) Urban and rura l background of the inmate. 15.23 Prisoners sentenced to less than one year of impr isonment should be employed in prison maintenance services, gardening, work-centres and work camps and pa id suit able wages for their work. 15.24 Prisoners sentenced to impr isonment for one year or more should be employed in product ion unit s in closed or open prisons. Prison Industries and Skill development Programmes 15.25 Prison industries should be organised on business-cum-commercial ba sis. Pr eference to pr ison products, while purchasing articles for office use, should be given by the various government departments. 15.26 The skill development p rogrammes shou ld also include essential institutional maintenance services like culinary, sa nitary and hygienic services, prison hospita l, other prison services, repairs and maintenance services. Prisoners may also be employed in the service of maintenance and cons truction of prison buildings, for which they will r eceive adequate remuneration or wages in accordance with the rules of the Public Works Department. 15.27 Prison skill development programmes should consist of services required by the community such as construction work, masonry, carpentry, plumbing, electric fitting, tailoring, fabrication of ready-made garments, leather work, driving, prison servicing, agriculture, horticulture, dairy, poultry, floriculture, maintenance of diesel engines, maintenance of electric pumps, tractor repairing, automobile servicing and repairing, cane work, basket making, pottery, book binding, typing, computer-operating, handicrafts, stenography, cloth printing, embroidery, hosiery, bakery, namkeen making, paper making, pr inting, tailor ing, weaving, soap making, candle making, toy making, sewing machine repa ir, food processing, etc. 15.28 Every prisoner, on being first p ut to do any kind of work with which he is not acquainted, shall be allowed a r easonable time to acquire the necessary skills, to enable him to perfor m the task. Mental and physical capabilities must be taken into cons ideration. The time will vary from a few days to three to four months. In every case, when allotting new work, the S uperint endent, or subject to his cont rol, the Factor y Manager or Deputy Superintendent, shall note the task the prisoners begins, and subsequent progr ess, in his History Ticket. - 125 -Ex-595/2017 15.29 Every inmate should be given training and work experience in the use of hand tools in different services, jobs and production units. 15.30 Every prisoner sentenced to undergo simple imprisonment who opts to do labour shall ordinarily be employed on hard labour of a kind that is most suitable for him and for which he/she is, for the time being, fit. No convict shall be pu t on medium labour if he/she is fit to perfor m hard labour, or on light labour as long as he is fit to perform either hard or medium labour. 15.31 No consider ation of profit or convenience shall be permitted to influence the class or form, of la bour which any convict sentenced to undergo rigorous imprisonment is at any time r equired to perform. It shall be fixed with reference solely to the health of the convict and the regula tions of the pr ison regarding the employment of prisoners. 15.32 A standard list of equipments, tools, accessories and spare parts, which each production unit must alwa ys have, should be prepared and maintained. 15.33 In every institution there should be a s eparate and properly organised maintenance workshop to repair the machinery and equipment in time and to prevent breakdown. 15.34 Products ma nufactured by P rison Industries should be varied/changed depending on ma rket tr ends and demands. 15.35 The organisa tion of accounts and inventor y should be modernised on business lines. Standardisation of Products 15.36 Various pr oducts of prison industries should be standar dised. A handbook containing details of standardisation, and the ma nufacturing process of various production units, should be prepared for the guidance of personnel. 15.37 Cata logues of standardised products of prison industries should be pr epared for securing orders from the mar ket for various production units. 15.38 Technical supervision should be impr oved a nd a system of qua lity control introduced at every stage of pr oduction, so that market competitiveness can be maintained. The percentage of pr ofit should not be the motive behind product ion by prison industr ies. 15.39 Costing of prison products should be done on a rationa l basis taking into account various limitations and handicaps of pr ison 15.40 Showrooms s hould be opened outside the prison gates, and at other pla ces, for promoting sale of products of prison industry. A brochure should also be kept in which infor mation is provided to the public about the pr oducts being sold along with their ra tes. 15.41 Prisoners who have been discharged and are found suita ble sha ll be employed in show rooms and prison product outlets, as far as possible. Targets of Production for Prison Industries 15.42 The targets of production for each unit for the ensuing year should be fixed in a ccordance with the employable inmate population and production potential of the unit. These targets should be communicated to the respective inst itutions in a dvance. The unit's production, according to the target, should be reviewed on a monthly ba sis. 15.43 It should be the r esponsibility of the Superintendent of Prison to meet the targets of pr oduction as set a bove. 15.44 The task sheet of each pr isoner should be corr ectly maintained by the technical personnel-in-charge of t he production units. Wages 15.45 Wa ges should be fa ir and equita ble and not merely nominal and palt ry. These rates should be standardised keeping in view the minimum wages given as notified by the government from time to time. - 126 - Ex-595/2017 15.46 With a view to keep the wa ge system in prisons in harmony with that in the free community, the wages should be reviewed every three years and r evised whenever necessary. 15.47 A portion of wages payable to the convict s should be deducted towards his general maintenance in prison (including diet, clothing and bedding) along with a portion towards victim compensation fund and other amounts in accor dance with rules to be framed for this purpose by the State Government. 15.48 The wages should be deposited in the prisoner's saving bank account on a fixed date every month and the passbook s hall be kept with p risoner concerned. Safeguards for Prisoners Engaged in Work 15.49 The following facilities should be provided in work-sheds and other places where prisoners work: (i) Protection from heat, cold, rain, dust, smoke, fumes, gases and chemicals (ii) Protection from seepage and dampness (iii) Safe drinking water (iv) Spittoons, ur inals a nd latr ines (v) Washing and bathing facilities (vi) First-aid facilities (vii) Fire extinguisher and other firefighting equipment (viii) Sufficient ventila tion and lighting (ix) Safety equipment and accident prevention measures. Note: The standards adopted in outside factories in this respect should be adopted in prison factories. These should be fixed in cons ultation with the Chief Inspector of Factor ies; 15.50 Periodical medical examination of prisoners, working in production units having hazards of occupational diseases, should be carried out. 15.51 Payment of compensation to prisoners who meet with accidents resulting in physica l or mental disa bility, serious injury, death, or loss of health due to occupational dis eases, as certified by the Chief Medical Officer. 15.52 Hour s of work for each group of prisoners should be prescribed in accordance with the progr amme cont ent of each institution, but total hours of work should not exceed nine hours in a day. 15.53 A da ily time schedule should be worked out for each institution. 15.54 Prisoners may not be allowed to work in the pr oduction unit a fter the locking time unless absolutely neces sary. Tasks to be Imposed on Female Prisoners and Young Offenders 15.55 The tasks to be imposed on females or young offenders r espectively shall not in any case exceed two thir ds of the maximum task for hard and medium labour, prescribed in respect of adult ma le convic ts. Female Prisoners not to Work Outside Female Enclosures 15.56 Female prisoners may be deployed to work in open prisons exclusively established for women prisoners subject to t he condition that adequate security measures are taken and no male staff a re deployed. No Prisoner to be Employed for Private Work 15.57 No prisoner shall, at any time, be employed by any officer of the prison, or any other person, for any private work or service of any kind whatsoever. Execution of Work for Outside Agencies 15.58 Private par ties/industria l units can be allowed to approach prisons to get their manufacturing work done by prison labour inside the prisons, if capacity and know-how for such manufacture is available. It should be ensur ed that appropriate wages and other expenses are paid by such private parties and industrial units. Yearly Audit of the Accounts 15.59 The accounts of the product ion/wor k unit will be systema tically audited by the government auditors for each financial year. - 127 -Ex-595/2017 Agriculture 15.60 Following infrastructural facilities in terms of agricu lture should be made available to the prisoners: (i) Agriculture, agro-based industries and other a llied a ctivities should be given high priority in the planned development of skill development programmes and vocational training in correctional institutions. (ii) The land ava ilable with an institution should be thoroughly surveyed in terms of soil analysis, availability, fertility, salinity, and requirement of drainage, so that it is put to optimum use. The help of Block Development Officers, officers of the State Agriculture Department and other allied agencies should be ta ken in this regard. (iii) Each new pr ison building in rura l areas should have a properly fenced farm wherever land for this purpose is available. (iv) It should be ensur ed that proper irriga tion fa cilities are available at the farmland. (v) The required building str ucture should be cons tructed on each farm and int ernal r oads should be laid. (vi) All required farming equipment and spare parts should be made available at each far m. A maintenance shop should also be set up in large fa rms. (vii) Prisoners detailed for labour at a gricultural far ms should be distributed at va rious places in the farm by for ming gr oups, with a leader nominated for each gr oup. (viii) Guidelines should be issued by the Prison Headquarters stating the eligibility criteria of an inmate who may be deployed on open agricultural fa rms. (ix) The subsidy available to the farmers for purchasing fer tiliser, equipment and electricity should also be made available to prison fa rms. (x) Adequate funds should be provided for the development of agriculture and allied act ivities and its accounts should be maintained separately. (xi) Requisite security personnel should be provided at each agricultural unit and their duties and responsibilities should be clearly laid down. (xii) The farm pr oducts should be first consumed in the prison and the remaining should be sold to the government departments and in the open mar ket. (xiii) The efficiency of each unit should be evaluated annually in terms of the targets fixed and achieved. (xiv) The number of prisoners employed in far ming activities in closed pr isons s hall be decided by the Prison a uthorities as per the requirement.. (xv) Prison personnel should be imparted training in various aspects of agricultural and allied activities. (xvi) Bio-gas pla nts, windmills, solar-cooking ranges, etc., should be introduced in the pr ison fa rms. (xvii) Costing of agricultural and other produce should be done on strict commercial ba sis. (xviii) Open agricultural institutions, and institutions ha ving attached a gricultural farms, should diversify skill development programmes according to cropping schemes such as mixed farming, irrigated crops, dry farming, etc. In some open prisons work can be diversified into agricultural activity, industrial units and agrobased production units. (xix) Measures sha ll be taken to develop horticulture, floricu lture and cultivation of medicinal plants and similar activities wherever feasible. Dairy and Poultry Farms 15.61 Da iries should be developed on open pr ison far ms on commercia l lines under pr oper technical guidance. T hese should not be operated from closed prisons. 15.62 Poultry far ms should also be organised at open farms. These s hould b e run on commercial lines under proper technical s upervision. - 128 - Ex-595/2017 CHAP TER XVI LEGAL AID Constitution of Legal Services Authorities 16.01 Article 39A of the Constitution of India provides for free legal aid to the poor a nd weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of the Constit ution a lso make it obligatory for the State to ensure equa lity before law and a legal system which promotes justice on the basis of equal opportunity to all. In furtherance of these, the Legal Services Authorit ies Act was enacted by t he Parliament in 1987 to establish a nationwide uniform network for providing free and competent legal services t o the weaker sections of the society on the basis of equal opportunity. 16.02 Under the Act, the National Legal S ervices Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 (LSA Act) to monitor and evaluate implementation. 16.03 In every State, a State Legal Services Authorit y (SLSA) and in every High Court, a High Court Legal Services Committee ha s been constituted. District Legal Services Authorit ies and Taluk Legal Services Committees have been constituted in the Districts a nd most of the Taluks to give effect to the policies and directions of t he NALS A and to pr ovide fr ee legal services to the people and condu ct Lok Adalats in the State. 16.04 Supr eme Cour t Legal Services Committee has been constituted to a dminister and implement the lega l services programme insofar a s it relates to the Sup reme Courtof India. 16.05 The Chief Justice of India is the Patron-in Chief of NALSA and the senior-most Judge of the Supr eme Court is the Executive Chairman. The Centra l Gover nment in consultation with C hief Justice of India has also appointed an officer of the Higher Judicial Services as the Member Secretary of t he NALSA. 16.06 Similarly, at the State level the Chief J ustice of the High Court is the Patr on-in-C hief of State Legal Services Authority and Senior Most Judge of the High Court is the Executive Chairman. There is a Member Secretary for each S LSA. 16.07 At the District level, District Judge is the chairman of District Legal Services Authority and chief Judicial Magistra te or equiva lent judicial officer is the Secretary of District Legal Services Authority. Functioning of Legal Services Institutions 16.08 NALS A lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Author ities to implement throughout the country. 16.09 The State Legal Services Authorities, District Legal Services Authorities, Ta luk Legal Services Committees, etc. have been entrusted the following primar y functions: I. To provide free and competent legal services to the eligible persons; II. To organize Lok Adalats for amicable settlement of disputes; III. To organize legal awareness camps; and IV. To implement the Schemes and policy directions of the NALSA through strategic and preventive Lega l S ervices P rogrammes. 16.10 Free legal services would include: (a ) Pa yment of cour t fee in appr opr ia te cases, process fees a nd all other cha rges payable or incurred in connection with any legal p roceedings; (b) Providing service of lawyers in legal proceedings; (c ) Obta ining a nd supply of certified copies of or ders and other documents in legal proceedings. (d) Preparation of appeal, paper book including printing and translation of documents in legal proceedings. 16.11 Under the LSA Act, the persons eligible for getting fr ee legal services include: * Women and children; * Members of SC/ST; - 129 -Ex-595/2017 *Industrial wor kmen; *Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster; *Disabled persons; *Persons in custody; *Persons whose annua l income does not exceed Rs. 1 la kh (in the Supr eme Cour t Legal Services Committee the limit is Rs. 1,25,000/-); *Vict ims of trafficking in human beings or begg ar; *Transgenders. The following practices should b e adopted so as to ensure provision of free and competent legal services to persons in custody. Appointment of Jail Visiting Advocates 16.12 State should adopt the pra ctice of nomina ting Jail Visiting Advocates to visit differ ent prisons regularly on fixed days of the week to help the poor and unrepresented inmates. Any inmate should be able to seek aid and advice, file any bail/parole application, appeal(s) etc. through these advocates. Legal Aid Clinic in every prison 16.13 Legal services clinic should be set up in every prison across the country, with su fficient number of panel lawyers and paralegal volu nteers deputed to such clinics for providing free legal services to inmates on all working days. States may train certain inmates a s para legal volunteer s (PLVs) for assisting the Legal Aid Clinics established at prisons. Legal literacy classes in prisons 16.14 Legal literacy cla sses may be conducted in prisons in order to educate prisoners about their rights and duties as well as about the availability of free legal aid services. Services of law students, Para Legal Volunteers a nd Legal Aid La wyers could be taken to ascertain legal aid needs of inma tes. Maximum period for which under-trials can be detained 16.15 According to Section 436A CrP C, under-tria l prisoners who ha ve undergone detention in prison for a period extending upto half of the maximum sentence specified for that offence under law (except offences attra cting death sentence and life imprisonment), shall b e released on their personal bond, with or without sureties. In or der wor ds, it means pending investigation, inquir y or tria l, no person shall be detained in the prison for a period more than half of the prescribed maximum sentence under that offence. However, courts, for special reasons to be recor ded in writing, may extend the detention in prison or release on bail instead of persona l bond with or without sureties. Constitution of Under-trial Review Committee 16.16 A committee consisting of the District J udge, a s Chairperson, the District Magistrate, the District Superintendent of Police and Secretary, District Legal Service Authority a s members, should be constituted to identify under-t rial pr isoners who ha ve completed half of the maximum period or maximum period of impr isonment provided for the said offence under the law.8 16.17 The State Legal Services Authorities should instruct the panel lawyers to urgently meet such p r is oner s, dis cu s s t heir ca s es wit h t hem a nd move a p pr op r ia t e a p p lica tions b efor e t he a pp r op r ia t e cour t for their release unless they are required in custody for some other purpose. Cases which are compoundable in nature 16.18 The Sta te Legal Services Authorit ies should secure that for offences which a re compoundable, appr opriate steps are taken for compounding, and where the offences ca nnot be compounded, 8 Bhim Singh v. Union of India, Writ Petition No. 310 of 2005. - 130 - Ex-595/2017 efforts should be made to expedite the disposa l of those cases or a t least efforts made to have the pers ons in custody relea sed ther efr om at t he ea rliest. Right to free legal representation or legal aid 16.19 Article 22 (1) of the Constitution entitles arrested persons to be represented by a legal pr actitioner. It is the fundamental right of all prisoners/ar rested person to be pr ovided with fr ee legal aid in the prosecution of their case at different levels of their trial. The Magistrate is duty bound to offer the facility to the accused the moment s/he is produced before him or her for the first time even if the accused has not asked for it out of ignorance.9 16.20 Even if the accused does not ask for a la wyer or he rema ins silent, it is the Constit utional duty of the cour t to pr ovide him with a lawyer before commencing the trial.10 T he obligation to provide him with a lawyer at the commencement of tria l is absolute and failure to do so would vitiate the trial and resu ltant conviction and sentence, if any given to t he accused. 16.21 To ensure that arrested persons ha ve free legal r epresentation, panel lawyers have been deputed as rema nd /duty advocate in every court dealing with criminal cases. Such advocates ar e available in the court even on holidays. When an accused is produced before the court and does not a legal counsel, the court shall provide the cou nsel fr ee of cost. 16.22 The Superintendent should inform convicts of their right of a ppeal against convict ion. 9 M.H.Hoskot v. State of Maharashtra AIR 1978 SC 1548; Also, Hussa inara Khatoon v. Home Secretary, St ate of Bihar (1980) 1 SCC 98: The r ight to free legal service is … clearly an essential ingredient of ‘reasonable, fair and just’ procedure for a person accused of an offence and it must be held implicit in the guarantee of Art. 21. This is a Constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation and the State is under a mandate to provide a lawyer to an accused person if the circumstances of the case and the need of justice so r equired, provided ofcourse the accused person does not object to the provision of such lawyer.10 Suk Das v. UT of Arunachal Pradesh, (1986) 2SCC 401. Chapter XVII WELFARE OF PRISONERS Basic Elements of Welfare Programmes 17.01 The objectives of welfare programmes in pr isons should be to: (i) Develop a relaxed, positive and construct ive atmosphere in the institution, (ii) Ensure good personnel-inmate relationship based on mutual trust and confidence, (iii) Ensure care and welfare of inma tes, (iv) Ensur e firm and positive discipline, (v) Attend to immediate and urgent needs and problems of inmates, (vi) Attending to long term needs of prisoners, (vii) Help the inmates maintain regular contact with their families, and communities in the outside world, (viii) Ensure a good system of incentives for self-discipline such as r emission, leave tr ansfer to semi-open and open institutions, and premature release, (ix) Provide individual guidance and counseling, (x) Encour age group activities, group gu idance, group work, (xi) Implant proper habits, attitudes and approaches and prepare them for a normal social life, (xii) Provide supportive therapy including Psychotherapy, - 131 -Ex-595/2017 17.02 The starting point of all welfare programmes sha ll be the initial classification of the prisoner and the study of individual inmates. The welfare progra mme should include per iodical review of progress and re-classification of prisoners, review of sentence and pr e-matur e release, pla nning for release, pre-relea se pr epara tion and after-ca re. Positive influence of institutional personnel will play an important role in this process. Community participation will be an important feature of welfare progra mmes. Counseling 17.03 Counseling facilities should be extended to the pr isoners as follows: (i) The mental healt h status of a prisoner should be studied before his cla ssifica tion at the time of admission in the prison. Prisoners cer tified as menta lly ill should not be confined in prisons and instead appropriate measures should be taken for their transfer to special institutions. (ii) Professiona lly qualified counselors should be engaged by the prison dept. to provide counseling to the needy prisoners, pa rticula rly those suffering fr om substance-r elated addictive disor ders and victims of abuse. (iii) Proper and regular evaluation of prisoner ’s mental health should be done to enable the requisite psycho social support services by the prison department. (iv) Severe menta l disor ders would require appropriate psychiatric treatment and dealt under the provisions of Mental Health Act, 1986. InRe: Illegal Detention of Machang Lalung (WP No. 296 of 2005), the Supreme Court issued the following directions to avoid mentally ill persons languishing in psychiatric hospitals for long periods: *Whenever a person of unsound mind is ordered to be deta ined in any psychiatr ic hospital/nur sing home under S ection 330(2) of t he Cr PC, the periodic pr ogress reports as contemplated under Section 39 of the Mental Health Act, 1987 shall be submitted to the concerned Court/Magistrate to ascertain the mental condition of the accused a nd pass appropriate orders wherever necessary. *Wher ever any under trial prisoner is in jail for more than the maximum period of imprisonment prescribed for the offence for which he is cha rged (other than those charged for offences for which life imprisonment or death is the punishment), the Magistrate/Court sha ll treat the ca se as closed and report the matter to the medical officer incharge of the psychiatric hos pital, so that the Medical Officer incharge of the hospital can consider his discharge as per Section 40 of the Mental Health Act. *In cases where, the under trial p risoners (who a re not being charged with offence for which the punishment is impr isonment for life or death penalty), their cases may be considered for release on bail in accordance with sub-section (1) of Section 330 of the Cr PC, if they have completed five or more years as inpatients. *As r egards the undertrial prisoners who have been charged with grave offences for which life imprisonment or death penalty is the punishment, such persons shall be s u b j e c t e d t o examination periodically so as to ascertain whether the under trial prisoner is fit enough to face the tria l to defend the charge. The Sessions Judge shall commence the trial of such cases as soon a s it is found that such mentally ill person has been found fit to face tr ial. Psychot herapy 17.04 Psychothera py and cognitive beha viour therapies may also be used in prisons as they have been recognised as effective for the treatment of pr isoners suffering from mental disorders. Guidance 17.05 Pamphlets containing the rights, duties, entitlement, discipline and daily routine of a prisoner (including a ha ndbook on Right s and Duties as provided in Appendix - 1) should be printed and distributed so that a prisoner may follow the 'dos' and 'don'ts' and ma intain discipline during his confinement. 17.06 The above literature should also be kept in the prison libra ry and issued to prisoners who can read. - 132 - Ex-595/2017 17.07 Illiterate prisoners should be made to understand the contents of the literature by the prison staff themselves or with the help of other literate prisoners engaged for educational programmes. Recreation, Sports, Cultur al Activities, Films, Library 17.08 Cultural and recreational activities should be orga nized in all institutions for maintaining the mental and physical health of prisoners. T hese activities are the basic elements of rehabilita tion programmes for prisoners. These should form the integral part of an institutional regime. 17.09 Recr eational and cultural activities should be or ganised depending upon various conditions such as availabilit y of space, the climate and weather, composition of inmates and a rrangements for secur ity. Such activities can include: (i) Outdoor games like cricket, kabaddi, wrestling, volley ball, badminton, football and basket-ball. (ii) Gymnastics. (iii) Indoor games like chess, ludo a nd car rom. (iv) Film Shows: Historical, patriotic, biographical, scientific and educational films, travelogues, documentaries, newsreel, and films dealing with social themes should be shown. Films depicting crime, sex, violence, suspense, and such other subjects that may have a damaging effect on the minds of inmates and should not be shown to them. Each Central and Distr ict prison, should have facilities for showing films t o the prisoners/ inmates. A library of good films should be developed at the headqua rters of t he Inspector General of P risons and Dir ector of Corr ectional Services and these films should be circula ted to various institutions. Close lia ison should be established between the Department of P risons and the Films Division, Department of Infor mation and Broadcasting, F ilm and T.V. Ins titutions, Film Societies a nd other organisations which can s upply good films for the inma tes. (v) Music: Music has a specia l significance in the confined atmosphere of a pr ison. It can bring relief to lonely, distress ed and unhappy inmates. It ca n relieve boredom and promote interest in institutional progr ammes. Music p rogrammes could consist of ra dio music, recorded music, group singing, folk music, instrumental music and orchestra. (vi) Community and folk dances: Group a nd Folk dances could be perfor med on festivals and social occasions. (vii) Drama: Useful social values and models of behaviour can be presented before the inmates through dramatic performances. Dramas dealing with social problems, pageants, musical dramas, tableau, soliloquies, dialogues, radio plays a nd humorous skits could be performed for the benefit of inmates. Inmates themselves can be encouraged to take part, a nd orga nize these activities. (viii) Arts and crafts: Arts and crafts can play an important role in imparting useful values to prisoners. The prisoner s can maintain their individuality through these activities. Such act ivities can also serve as supportive theraputic measures in the monotonous life of a prison. (ix) Handicrafts and art work: Prisoners can be provided with necessa ry facilities for pottery, basket making, wood carving, carpentary, marquetry and veneers, wood turning, fret-work, leather-work, home decoration, lamp-shade making, metal-craft, plastics, toy-making, artificial flower making, hor n-craft, clay-modelling, lacquer-wor k, drawing, pa inting, stenciling, pa per- craft, papier-mache, rug making, felt-work, knitting, embroidery, needle-work, cr ochet, etc. (x) Reading: Inmates can be encoura ged to read books, newspa pers a nd magazines. Group reading and guided reading can also be useful for them. (xi) Television: This is the biggest entertainer for prisoners. The channels to be shown, and their timings, should be carefully selected by the Superintendent of Prison. 17.10 Every prison and a llied institution should have an annual sports/cultural meet. Inter-Institution and Inter-S tate sports meets of inmates s hould a lso be organised. The sports groups from outside could be invited into the prison for playing various games with the prisoners. - 133 -Ex-595/2017 17.11 Yoga and meditation should be pr actised daily for which the hours should be fixed. Medita tion centres may be opened and NGO support may be availed for this purpose. It should be ensured that discou rses dur ing meditation sessions are secular in nature. 17.12 Well known personalities in the fields of art, sports, literatur e, cult ure and music should b e invited to the prison as guest s on va rious occasions to inspire the prisoners and be role-models for them. 17.13 There shall be a play gr ound for outdoor games and a communit y hall for cult ural pr ogrammes in ever y prison. Role of N.G.Os. 17.14 Appr oved N.G.Os. should be extensively involved in organising sports and cultura l meets and other welfare activities. 17.15 Care shall be exercised in the selection of welfare agencies/N.G.Os. for carrying out welfare programmes. Approved N.G.O.s/welfa re agencies which have a proven track record, and which are known for their dedica tion and selfless service, should be selected for associating in pr ison programmes. 17.16 No member of a Welfare agency/N.G.O. sha ll be associated with a prison if he/she has a criminal record. For this purpose an undertaking may be obtained from the Agency/N. G.O. 17.17 The good wor k done by welfare orga nizations and N.G.O. in prisons should be pu blicly apprecia ted. P risoner s' P a ncha ya t 17.18 Every prison and allied institution should have prisoners' panchayats. T hese pancha yats should cons ist of very car efully s elected inmates, who a re of good conduct and who have the potential and ability to organise events and activities. These panchayats should plan and execute daily recreational programmes for inmates. T his will give the prisoners a sense of participation in the pr ison mana gement, which is an important component of any policy of welfare and reformation. T hese panchayats should also be used for giving the prisoners an opportunity to express their problems and seek redressal. 17.19 The working of these panchayats should be continuously monitored by the prison administration. The Superintendent or Jailer of P rison should a s far a s possible should personally participate in the panchayat meetings. 17.20 A 'Mahapanchyat' of all the panchayats should b e held in the presence of the Superintendent at least once in a quarter for the redressal of prisoners' grievances and implementation of their suggestions. The Inspector Genera l of Pr isons s hould also par ticipate in such Mahapanchaya t in different p risons in the State from time to t ime. Celebration of Festivals 17.21 Independence Day, Republic Day and Maha tama Ga ndhi's birthda y should be celebrated in each prison to inculca te a feeling of the patr iotism among the prisoners. Cultur al progr ammes could also be orga nised on such occasions and special food can be served to the prisoners. 17.22 The main festivals of all religions should be celebrated. In t hese every prisoner should be encour aged to participate. Any special treatment to a gr oup of prisoners belonging to a pa rticular caste or religion is strictly prohibited. Spiritual Development 17.23 Well known personalities fr om all religions should be invited to deliver lectur es to prisoners for their mora l upliftment. Assistance from approved N.G.Os. and welfar e agencies may be sou ght in this regard. It should be ensured befor ehand that the content and tenor of such lect ures is not such as would cause resentment among people of other religions. 17.24 Every prisoner should be a llowed to perform his devotions in a quiet and orderly manner. - 134 - Ex-595/2017 Implementation of Welfare Activities 17.25 The Superintendent shall be responsible for the smooth and orderly implementation of welfa re activities in the prison. 17.26 The Superintendent shall submit quarterly repor ts of welfare activities being conducted in his pr ison to the Inspector General of Prisons. 17.27 Prison administration shall endeavour to access funds available under Corporate Social Responsibility for conduct ing var ious welfare activities for inmates and pr ison staff. Chapter XVIII REMISSION 18.01.1 Remission ca n be of three types, (a ) firstly, remission under the provision of the Prisons Act, 1894 or respective Prisons Act of the State and Rules made thereunder. T his can be earned by a ll eligible prisoners if they fulfill the required conditions provided hereinafter. (b) secondly, remission in sentence granted by the appropria te Gover nment u nder Section 432 of the Code of Criminal Procedure, 1973. The appropriate Government may remit the sentence of a prisoner, other than life convict, on case to case basis b y following the procedure laid down in S ection 432 of the Code of Criminal Procedure, 1973. It cannot deviate from the procedure prescribed under Section 432 of the Code of Criminal Procedure, 1973 while remitting the sentence of the prisoner on his request. (c ) thir dly, remission by the Head of the State under Article 72 or 161 of t he Constitution of India. The Head of the State has all the power s to gra nt remission to any prisoner on his request as well as gra nt general remission t o the specified category of prisoners on special occasions on the recommendation of the Council of Ministers. No rules can be laid down for the Head of the State for exercising powers under Article 72 or 161 of the Constitution of India. The Rules in this chapter therefore apply only on remission to be gra nted by Prison authorities under sub-p aragraph (a), that is, the pr ovisions of the Prisons Act, 1894 or respective Prisons Act of the State and the Ru les made ther eunder. 18.01.2 Remission s ystem aims at t he reformation of a pr isoner. The scheme is intended to ensure pr ison discipline and good conduct on the part of the prisoners, and to encourage learning and better work culture, with the prospect of their early release from prison as an incentive. 18.02 Remission is a concession, which can be granted to prisoners by Head of the State, appropr iate Government or by the Head of the Pr ison Department or by the Superint endent of Prison. The appropr iate Government reserves the right to debar/withdraw any prisoner, or category of prisoners, from the concession of remission. The Remissions other than that gra nted by the Head of the State may be withdrawn or for feited if the prisoner commits specified jail offences or condit ions prescribed in the relevant order of remitting the sentence. Purpose 18.03 Remission should be granted on the basis of an inmate’s overall good behaviour during the sta y in the Jail, willingness to take work while in custody, cooperation and help to the pr ison administra tion in prison management and general response to various institutional activities. 18.04 In t he context of t his chapter: (i) ‘Prisoner ’ includes a person committed to prison in default of fu rnishing secur ity for maintaining peace or good behaviour and also includes persons convicted by a Military Court, (ii) ‘Sentence’ means a sentence as finally fixed on appeal or revision or otherwise, and includes an aggregate of more sentences than one, and an order of imprisonment in default of furnishing security for maintaining peace or good behaviour. - 135 -Ex-595/2017 Kinds of Remission by prison author ities 18.05 Remission by Prison authorities can be of the following types: (i) Ordinary remission (ii) Special remission Ordinary Remission 18.06 Authority to grant ordina ry remission: The Superintendent of Prison, or an officer nominated by him on his behalf, is authorized to grant ordinar y remission 18.07 Eligibility: The following types of convicted prisoners shall be eligible for ordinar y remission: i) Prisoners ha ving substantive sentences of two months and more, ii) Prisoners, sentenced to simple imprisonment for two months or more, who volunteer to work, iii) Prisoners employed on prison maintenance services requiring them to work on Sundays and Holidays, e.g. sweeping, cooking etc., irr espective of t he length & nature of t heir sentence i.e., simple or rigorous imprisonment, iv) Prisoners a dmitted for less than one month in hospital for tr eatment or convalescence after an ailment or injury not caused wilfu lly. (T hose admitted for such purpose for more than one month should be entitled to remission for good conduct only). Note: It will be the responsibility of the prison administration to provide work to all eligible prisoners. If for any reason the prison administration fails to do so the prisoners who are otherwise eligible for remission for work should be granted it a s per t heir normal entitlement under the orders of the Inspector General of Prisons. 18.08 Non-Eligibility: The following types of p risoners should not be eligible for ordinary remission: i) Prisoners ha ving substantive sentence of less than two months, ii) Prisoners sentenced in default of payment of fine only, iii) Prisoners whose sentence is reduced to less than two months (in such cases remission alr eady earned, if a ny, should stand forfeit ed), iv) In t he case of prisoners who are convicted of an offence commit ted aft er admission to the prison under Sections 147/ 148/ 152/ 224/ 302/ 304/ 304A/ 306/ 307/ 308/ 323/ 324/ 325/ 326/ 332/ 333/ 352/ 353 or 377 of IPC or of a n assault committed a fter admission to the prison on a warder or other officer or under any other law for misusing the concession of par ole/ furlough gra nted under tha t law. T he remissions of whatever kind earned by him under these rules up to t he da te of t he said conviction may, wit h the sanct ion of Head of the Pr ison Depar tment, b e cancelled. v) Prisoners debarred from remission as punishment for committing p rescribed prison offences; vi) Prisoners specifica lly debarred from remission under any law or rule, and vii) Pris oners out on sp ecia l leave like medical lea ve, tempor ary r elea se on parole, release on bail etc. for the duration of such leave. 18.09 Scale of remission for convicted prisoners: Ordinary remission may be granted to prisoners who are eligible for it a t the scale shown below: i) Three days per calendar month for good behaviour, discipline a nd participation in institutional activities, ii) Three days per calendar month for performance of work according to the prescribed standa rds, iii) Two days per calendar month for prisoners employed on prison maintenance services requiring them to work even on Sundays a nd holidays e.g. sweeping, cooking etc., iv) Eight days per calendar month for those working a s night watchmen. Night watchmen will not be eligible for remission mentioned in (a), (b) and (c) above, v) 10 days per calendar month to convict overseers and convict warders (until these two categories are abolished). Convict overseers and convict warders will not be eligible for remission mentioned in (a), (b) and (c) above, - 136 - Ex-595/2017 vi) One day for each month’s stay in open institutions t o prisoners sentenced to impr isonment of one year or more and transferred to such institutions, vii) Any prisoner eligible for ordinar y remission, who for a period of one year from the date of his sentence, or the da te on which he was last punished (except by way of warning) for a pr ison offence, has not committed any prison offence, should be awarded 30 days annual good conduct remission in addition to a ny other remission. Special Remission 18.10 Authority t o grant special remission: Head of t he Prisons Department, on the recommendation of the Superintendent of Prison, will be the competent to grant special remission. 18.11 Crit eria to grant special remission: Merit orious work by inma tes should be rewarded by grant of s pecial remission in addition to the annual good conduct remission to create a spirit of hea lthy competition among prisoners. Such special remission may be granted to prisoners eligible for ordinary remission on the following considerations: i) Saving the life of a government employee, a prison visitor or an inmate, ii) Protecting a government employee or prison visitor or inmate from physical violence or danger, iii) Preventing or assisting in prevention of escape of prisoners, apprehending prisoners attempting to escape, or giving material information about any pla n or attempt by a prisoner, or a group of pris oners, to escape, iv) Assisting pr ison officials in handling emergencies like fire, outbreak of riots and str ike, v) Reporting of, or assisting in, prevention of serious breach of prison r egulations, vi) Outstanding contribution in cultural activities or education or acquiring an additional education qualification (such as a degree or diploma) or teaching art & craft and special skills to fellow inmat es , vii) Specially good work in industr y, agriculture or a ny other skill development programme, or in vocational training. 18.12 Scale of Special Remission: Subject to the fulfilment of any one or more of the conditions aforementioned, special remission not exceeding 30 days in a calendar year completed by the prisoner in a Jail may be granted by the Head of the Prison Department on the recommendation of Superintendent of Prison to those prisoners who ar e eligible for ordinar y remission. Remission by Head of the State 18.13 Remission granted by the Head of the St ate under Article 161 of the Constit ution of India , acting on the aid and advice of the Cabinet of Ministers, shall b e called Remission by Head of the State. Remission by Head of the State may be granted on occasions of Na tional importance or public rejoicing. Note - No R ules can be prescribed for the Head of the S tate for grant of this type of remission. Eligibility 18.14 The remission by Head of the Sta te can be awar ded to such pr isoners, or ca tegories of pr isoners, as the Head of the State may decide. 18.15 In case of prisoners who, a t the time of general grant of remission by Head of the S ta te, a re released on tempora ry or emergency release like on parole or fur lough etc., specific orders of the Head of the State a bout the award of this remission to su ch prisoners ar e necessary; Remission Committee 18.16 Remission by Head of the State may be gra nted at such scale, or in such quantum, as may be decided by the Head of the St ate. 18.17 The Remission Committee for remissions to be granted by the Jail authorities - The Remission Committee of each institution will consist of: - 137 -Ex-595/2017 i) Superintendent-in charge of the institution - Chair man, ii) Depu ty Superintendent or senior most prison officer available in the institution, iii) Assistant Superintendent/Deputy Jailor/Assistant Ja ilor in char ge of remission section, iv) Officer in charge of Industries/ Vocational Training. Functions of Remission Committee 18.18 The functions of this committee are: i) to attend to all matter pertaining to remission, ii) to recommend cases of prisoners to Head of Prisons Department for the grant of special remission a s per provisions of this manual. Pr ocedure 18.19 The members of the committee should assist the Superintendent in all matters pertaining to the awar d of remission. The decision of the Superintendent should be treated as final. The Remission Committee should meet every Monday in the first week of ever y month or as and when required. Monday means Monday or next working day, if Monday is a Jail holiday. Notes: (i) In view of the importance of remission work, it is essential that the committee meets as per fixed schedule so that remission may be granted in time. Special r emission should be gra nted leaving a margin of at least seven days prior to a prisoner ’s release. (ii) Entr ies regarding remission should be ma de, under proper attestation of the Superintendent, in the Remission Register and the History Ticket of the prisoner concerned as soon as it is granted. (iii) Prisoners with substantive sentences from two months to five years should be sanctioned remission each month while those sentenced to more than five years (including life convicts) should be granted remission once in a quar ter. (iv) Ordinary remission should be calculated for full calendar months. It should not be granted for a fr action of a calendar month. (v) Special remission may be granted for any fract ion of a year accordingly (vi) Maximum limit of ordinary and special r emission which a prisoner ca n earn should not be more than one fourth of a substantive sentence (to be calculated from the date of his conviction). The remission granted by t he Head of the State shall be in addition to the ordinary and special remissions which t he prisoner ha s earned. However, in no cir cumstances, ma ximum limit of all types of r emissions earned by a prisoner should not exceed one third of the substantive sentence. (vii) Grant of remission to prisoners s entenced by court martial should be on the same pr inciples as those applicable to other prisoners. Life Convicts 18.20 Life sentence shall be taken as imprisonment for twenty years for the purpose of calculation of remission (a s per the logic given in Section 57 of the Indian Penal Code, 1860). In t he case of a prisoner serving more tha n one life sentence, twenty years shall be treated as the total of all his sentences for calculating remission. Grant of remission to a life convict shall not mean actual remission in his sent ence. When his case will b e examined by the Review Boa rd for p re-matur e release, the remission to his credit will be one of the factors on the basis of which the review of his sentence will be considered. Miscella neou s 18.21 Prisoners s entenced by court mar tial shall be granted ordina ry remission of the period they pass in transit, or in military custody, before their admission in prison on the same sca le as laid down in these rules. - 138 - Ex-595/2017 18.22 In t he case of a prisoner, transferred from one prison to another while undergoing imprisonment, the period spent by him in the first p rison, excluding the p eriod s pent as an under trial prisoner, shall be calculated a long with the period spent by him in the second prison, for remission. 18.23 Ordinary remission shall be calculated from the first day of the calendar month aft er the date of the prisoner ’s sentence. Ordinary remission shall not be granted for the broken period of a calendar month. A pr isoner, unless sentenced on the first day of a month, will not get remission for the month in which he ha s been sentenced. 18.24 Period spent outside t he prison, such as release on furlough, period spent in Hospital in custody etc. which are included a s part of a sentence, should not be treated as br oken periods. During such periods the prisoner shall be eligible for ear ning ordinary r emission. For periods spent outside the prison which are not included as parts of a sentence (such as parole, bail, emergency release, esca pe and extradition etc.) prisoners s hall not be eligible for earning remission. In such cases, the prisoners should be considered as eligible to earn remission from the first day of the calendar month following the date of their re-admission. Note- In all such cases the date for eligibility for annual good conduct remission will be duly postponed. Prisoners who have been released on bail, or whose sentence have been tempora rily suspended, shall, on their readmission t o prison, be credited with a ny remission they may have earned before their release on ba il, or to the suspension of the sentence. T hey will be br ought u nder the remission system again on the first day of the calendar month after their readmission. Removal and Revocation of Prisoner from Remission 18.25 The Head of the Prisons Department, on the recommendation of Superintendent of Prison, may remove any prisoner from r emission for a period of six months for committing a ny specified pr ison offence. Similarly, the Superintendent of Prison may remove a prisoner from remission for three months. However, the sanct ion of the Inspector General will b e necessary for such r emoval from remission for any period exceeding three months. 18.26 With prior sanction of the Head of the Pr isons D epartment, the Superintendent of Prison may re- admit any prisoner to remission who has been removed fr om there. The prisoner who is re-admitted to r emission shall earn remission under these rules from the commencement of the month following his r e-admission. Conditions for Forfeiture of Remission 18.27 Remission earned by a prisoner may be forfeited by the Head of the Prisons Department on the recommendation of Superintendent of Prison; i) If the prisoner is convict ed of a n offence committed after admission to prison, under sections 147, 148, 152, 224, 302, 304, 304-A, 306, 307, 308, 232, 324, 325, 326, 327, 332, 333, 352, 353 or 377 of the India P enal Code or convict ed of an assault committed on a prison official, a pr ison visitor, a prisoner, or any other gover nment employee or on convict ion for any offence committed in viola tion of the la w providing for temporary release of the prisoner on par ole/ furlough etc. after admission to prison. All t he ordinary and special remission, of whatever kind, earned by him under these r ules up to the date of the sa id conviction may be forfeited in part, or in whole. ii) For prison offences Superintendent is empowered to forfeit earned remission up t o 30 days for one offence. Ear ned remission beyond 30 days may be forfeited with the sanction the Head of the Prisons Department. Note: All entries a bout forfeitur e of remission shall be promptly made in the histor y ticket or remission s heet and in the Remission Register or in any other relevant document/ record. Record 18.28 Following records will be maintained by the prison author ity: - 139 -Ex-595/2017 i) Assistant Superint endent, or a ny other official in char ge of yards or sections, shall maintain sheets for prisoners eligible to earn remission. On the appointed days, these sheets shall be forwarded to the officer dealing with r emission work a nd to the Jailer, or to any other officer in charge of admission a nd release of prisoners for inspection. These sheets shall be atta ched to the remission sheet of the prisoners. ii) A Remission Register shall be maintained in a prescribed Form (Appendix 11) in which all entr ies about grant and forfeiture, if any, of remission shall be promptly made and duly attested by the officers concerned. iii) Entr ies in the Remission R egister shall be made at the end of each quarter. In case a prisoner is due for r elea se befor e t he comp letion of a qua rter, t hese ent ries shall be ma de dur ing r eleva nt months, and action regarding his/her r elease may be taken a ccordingly. iv) At the end of ea ch quar ter, prisoners should be informed about the r emission they have earned during the quarter and also the total of their remission. v) Grant or for feiture, if any, of all types of remission should be recorded in the remission sheet. vi) The Jailer, or officer in charge of admission and release, sha ll insp ect the Remission Register or Remission Sheets at fixed intervals. vii) Except for the communication mentioned in Rule 13 (iv), remission record shall be treated as confidential. It shall not be allowed to be handled by the prisoners. viii) Prisoners should be released on such dates, as would be worked out, aft er allowing for the remission gra nted. Chapter XIX PAROLE AND FURLOUGH 19.01 Parole and furlough to inmates are progressive measures of corr ectional services.The release of a prisoner on parole not only saves him from the evils of incarceration but also enables him to maintain social relations with his family and the community. It also helps him maintain and develop a sense of self-confidence. Continued cont acts with family and the community su stain in him a hope for life. T he release of p risoner on fur lough motivates him to mainta in good conduct and remain disciplined in the prison. The pr ovisions relating to release of the prisoner on pa role and furlough s hou l d b e lib er a lis ed t o help a p r is on er ma int a in a ha r moniou s r ela t ions hi p wit h h is fa mily a nd the society and to be of good condu ct during the period of incar ceration. The privilege of release on parole and furlough should, of course, be allowed to selective prisoners on the basis of welldefined norms of eligibility and propr iety. 19.02 The objectives of r eleasing a prisoner on parole and fu rlough are: i) To enable the inmate to maintain continuity with his family life and deal with familial and social matter s, ii) To save him from the evil effects of continuous long prison life, iii) To enable him to maintain and develop his self-confidence, iv) To ena ble him to develop cons tructive hope a nd active interest in life, v) To help him remain in touch with the developments in the outside world, vi) To help him r emain physiologically a nd psychologica lly healthy, vii) To enable him to overcome/ recover from the stress and evil effects of incarceration, and viii) To motivate him to ma intain good prison and disciplined in the prison. Par ole 19.03 Pa role means tempor ary release of a prisoner for shor t period so that he may ma int ain social relations with his family and the community in order to fulfil his fa milial and social obligations and resp onsibilities. It is an opportunity for a prisoner t o maint ain regular contact with outside world so that he may keep himself updated with the latest developments in the society. It is however - 140 - Ex-595/2017 clar ified that the period spent by a prisoner outside the Jail while on parole in no way is a concession so far as his sentence is concern. The prisoner has to spend extra time in prison for the period spent by him outside the Jail on parole. Parole may be of the following two types, depending upon the purpose behind it - i) Emergency pa role under police protection: to cater to the familial and social responsibilities of emer gent na ture like death/ serious illness/marr ia ge of a family member or ot her clos e rela t ive. ii) Regular par ole: to take care of the familial a nd social obligations and responsibilities of regular nature as well as for the psychological and other needs of the prisoner to maintain contact with the outside world like house repa ir, admission of children to s chool/ college, delivery of wife, sowing and harvest ing of crops, etc. Furlough 19.04 Furlough means release of a prisoner for a short period of time after a gap of certain qualified number of years of incarceration by way of motivation for him maintaining good conduct and remaining disciplined in the prison. This is purely an incentive for good conduct in the prison. Therefore the period spent by the prisoner outside the prison on furlough shall be counted towards his sentence. Emergency Parole 19.05 Emergency parole may be granted to the convict by the competent authorities as well as to the under trial prisoners by the tria l court concerned, under adequate police protection, for a period extending up to48 hours, in the following eventualit ies: i) Death or serious illness of father/ mother/ brother/s/ sister/s/ spouse/children. ii) Marriage of br other/s/ sister/s/ children/ children of sister/s. Eligibility 19.06.1 Convicts ar e entit led to emergency parole, regular par ole and furlough, subject to the fu lfilment of eligibility criteria and other conditions prescribed in this regard by the S tate Government under any loca l and special law or instructions etc. 19.06.2 Undertrial prisoners are not eligible for regular parole and fur lough, and may be released only on emergency Pa role, that too by the order of the concerned trial court. 19.06.3 The respective State Gover nment ma y enact a local and special law or issue instructions providing for temporar y release of prisoners on par ole and furlough. The eligibility criteria, competent authority to sanction parole/furlough, liability for not surrendering at due time and date after availing parole/furlough, gr ounds a nd frequency for release on parole/ furlough, procedures, duration of release on parole/ furlough, eligibility for release on furlough along with it s duration and frequency and conditions r elating to other connected matters etc. shall be properly laid down in the law/ instr uctions so provided. 19.06.4 Release on parole is not an absolute right, though, it is a legal right of every eligible prisoner as per the conditions laid down. This concession is subject to cancellation. The State Government/Head of the Pr ison Department/the Competent Authority reserves the right to debar/ withdraw any prisoner, or category of prisoners, fr om the concession of parole and furlough if the prisoner becomes ineligible or viola tes of the prescribed conditions in this regard. Restriction on release of a pr isoner on regular pa role and furlough 19.07 The following categories of prisoners may not be eligible for relea se on parole or furlough: i) Prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the District Magistr ate and Superintendent of Police, ii) Prisoners who are considered dangerous or have been involved in serious pr ison violence like assa ult, outbreak of riot , mutiny or escape, or who ha ve been found to be instigating serious violation of prison discip line as per the reports in his / her a nnual good conduct report, - 141 -Ex-595/2017 iii) Prisoners convicted for heinous offences such as dacoity, terror ist crimes, kidnapping for ransom, smuggling of commercial quantit y of nar cotic and psychotropic substances and, in the opinion of the District Magistrate/ District Superintendent of Police, there is such prisoners they may not repor t back to the Prison after the completion of the parole or furlough period, iv) Convicted foreigners, iv) Prisoners committed for failure to give security for ma intaining peace or good behaviour v) Prisoners suffering from mental illness, if not certified by the Medical Officer to ha ve recovered vi) Prisoners whose work and conduct ha ve not been good during the preceding 12 months. 19.08 Subject to the above, eligibility for parole should be regulated as follows: SentenceWhen due for firstWhen due forWhen due forDuration of release on parolesecond releasesubsequent releasesLeave per Year Not exceeding On completion of one year of After completion of six months After completion of six months 21 days five yearsactual imprisonment- to beof actual imprisonment- to be of actual imprisonment- to be counted from the date of acounted from the date his last counted from the date his last mission to prison as convict return from leave return from leave Exceeding five On completion of two yearsAfter completion of one year of After completion of six months 21 days during the years but not of actual imprisonment- to be actual imprisonment- to beof actual imprisonment- to be first five years of con- more thancounted from the date of ad- counted from the date his last counted from the date his last finement and 28 days 14 yearsmission to prison as convict return from leavereturn from leavefo r the rest of term Prisoners sen- On completion of three years After completion of one year After completion of six months 21 days during the tenced to life of actual imprisonment- to be of actual imprisonment- to be of actual imprisonment- to be first five years of or imprison- counted from the date of ad- counted from the date his last counted from the date his last confinement and 28 ment excee- mission to prison as convict return from leavereturn from leavedays for the rest of ding 14 yearsterm 19.09 For calcula tion of sentences for the pur pose of eligibility for parole and furlough, ‘sentence’ shall mean a sentence as finally fixed on appeal, or revision, or otherwise, and includes an a ggregate of one or more sentences. 19.10 A register shall be mainta ined in the prison in the prescribed form in which a ll the details relating to release of prisoners on pa role and furlough sha ll be maintained. This record shall also be mainta ined on computers wherever the computerisation of record has taken place. T he prisoners shall be kept infor med of his eligibility and right to release on parole and fu rlough on regular basis by updating the record in the history ticket of the prisoner. Dura tion a nd Fr equency of Regu la r Pa role and Furlough 19.11.1 Prisoners eligible for the grant of regular par ole should not get it for a p eriod of more than 30 days at a time and not more tha n two times in a calendar year. However in exceptional circumsta nces such parole can be extended up to a maximum period of 45 days with the approval of the Head of the Prison Depa rtment, but in no case such parole should be extended fur ther. It is clar ified that a convict can avail the extended release on par ole upto 45 da ys only once in a block of three year s. 19.11.2 Prisoners eligible for grant of furlough should not get it for a period of more than 21 days in the first year after the completion of three years of inca rceration in prison after the date of conviction. After that the pr isoner shall be eligib le for 14 days release on fur lough every year for every year spent by him/ her the prison. Competent Authority to Sanction Regular Parole or Furlough 19.12 The Head of the Pr isons Department or a ny other competent authority as mentioned in the law/ instructions on the subject should be the competent authority for gr ant of r egular parole or furlough to convict prisoners. Under-tria l prisoners are not eligible for regular pa role and furlough. - 142 - Ex-595/2017 Competent Authority to Sanction Emergency Parole 19.13.1 The Superintendent of Prisons should be the competent authority t o grant emergency pa role to convict prisoners under police protection. 19.13.2 Only the tr ial cou rt concerned shall be competent to grant emergency parole to under trial prisoners. Pr ocedure 19.14 A prisoner desiring to avail parole or furlough will submit his application in the prescribed form to the Superintendent of the prison. The Superintendent will examine each case carefully with regar d to the eligibility for leave with particular reference to conduct, work, attitude towards family and community, and the manner in which the previous period of leave, if any, was utilized. He will then forward the application to the concerned competent authority author ised to sanct ion par ole/ furlough within 3 days of receipt of the application from the prisoner along with his recommendation. 19.15 The competent authority shall forward the application so received to the Superintendent of police of the concerned district within 3 days of r eceipt of the application along with recommendation of Superintendent of Pr ison for his r epor t through the District Ma gistrate concerned. T he Superintendent of Police shall send his report to the competent authority through the District Magistrate within 14 da ys from the da te of receipt of the reference of the competent authority. The District Magistrate is allowed a period of 3 days to forward the report of the Superint endent of Police so received to the competent authority. In case the polic e disagree with the propos ed r elease of a prisoner on leave, reasons for such disagreement should be specified. The competent authority is a llowed a period of 7 days to decide on the applica tion fr om the date of receipt of the repor t of District Magistrate was received by him. 19.16 The prisoner shall be kept informed of all the decision on his a pplication. If his request for release on parole or furlough is rejected, he shall be informed of the grounds of such rejection. 19.17 The opinion of the district authorities should be obtained every time a prisoner is released on pa role or furlough. The Pr obation Officer may be asked to submit a report about the conduct of a prisoner during the release on pa role or furlough. 19.18 Prisoners whose conduct is found unsatisfactory during his/ her release on par ole or furlough may be debarred for this concession for a specified period of time by Head of the Prison Department on a r epor t/ r ecommenda tion received from the Superintendent of Pr ison concerned. However, the concession so barr ed may be reviewed by the Head of Pr ison Department after 6 months from the date of the bar coming in to force, on a r epresentation from the affect ed prisoner. 19.19 The prisoner shall be informed of the ground of the ba r as per sub-s ection (1) above and the period for which he/ she shall not eligible for r elease on parole/ furlough. Conditions of Pa role/ Fur lough 19.20 The competent authority authorised to sanction pa role/ furlough may make an or der for the release of a prisoner subject to the following conditions: i) That the pr isoner shall furnish cash security for the amount fixed by the competent authority and execute a personal recognisance bond, or execute a bond with one or more sureties according to the directions of the competent author ity, ii) That the prisoner s hall reside at the pla ce designated by the competent author ity and will not go beyond the specified limits, iii) That t he prisoner will keep good behaviour and will not commit any offence during the period of relea s e, iv) That the prisoner will repor t to the Proba tion Officer, if any, of the a rea of his sta y during the period of release, v) That the prisoner will neither associate with bad characters nor lead a dissolute life, vi) That the prisoner will be liable to be r ecalled immediately to prison in case he violates any of the conditions, - 143 -Ex-595/2017 vii) That the prisoner will sur render himself to the Superintendent of the prison on expiry of the release period as gr anted, or on recall. Release on parole/ furlough 19.21 On r eceipt of an or der from the competent author ity, the prisoner should be released on Par ole/ furlough aft er he has executed the necessa ry bond and has signed the conditions of release. At the time of release the prisoner should be supplied with an identity ca rd and certificate of release on parole/ furlough. Author it ies to be infor med 19.22 Release of prisoner on par ole/ fur lough should be intima ted to the following a uthorities: i) District Ma gistrate and Superintendent of Police of the district in which the prisoner proposes to spend the period of parole/ furlough, ii) District Magistrate and the District Superintendent of Police of the home district of the prisoner, iii) Probation Officer in whose jur isdiction the prisoner proposes to sp end the period of parole/fu rlough. Sur eties 19.23 For release of prisoners surety should b e secur ed in one of t he following ways: i) On executing a personal bond, ii) The wages earned by the prisoners may be taken as cash secur ity, iii) The Probation Officer may be asked to arrange necessary sur ety, iv) Panchayat of the home village of the pr isoner may sta nd surety for him, v) Family members/relatives/friends of the prisoners, if of good antecedents, may stand surety for him. Tr avel Ex pens es 19.24 The prisoner will himself meet a ll expenses, including those on jour ney to and from the place of his stay, after his release on parole/ furlough fr om prison. Chapter XX PREMATURE RELEASE 20.01 The primary objective underlying premature release is reformation of offenders and their rehabilitation and integra tion int o the society, while at the same time ensuring the protection of s ociety from criminal activities. These two aspects are closely interlinked. Incidental to the sa me is the conduct, behaviour and performance of prisoners while in prison. These have a bearing on their rehabilitative potential and the possibility of their being released by virtue of remission earned by t hem, or by an order gra nting t hem premature r elease. The most impor tant consideration for pre- mat ure relea se of prisoner s is tha t they have become ha rmless and usefu l member of a civilised soc iet y. 20.02 Premature r elease of prisoners can be of following four types - (i) By way of commutation of s entence of life convict and other convict under Section 433 of the Code of Criminal Procedure, 1973 by the State Government. (ii) By way of remitting term sentence of a pr isoner under Section 432 of t he Code of Criminal Procedure, 1973 by the State Government. (iii) By order of the Head of the State passed exercising power under Article 72 or Article 161 of the Constitution of India, as the case may be. (iv) Pre mature release under any special law enacted by the State providing for release on probation of good conduct pr isoners after they have served a par t of the sentence. - 144 - Ex-595/2017 20.03 No guidelines need to be prescribed her e for prematur e release of convicts falling under sub clause 2 (ii) to 2 (iv) a bove because the relevant pr ovisions of the Code of Criminal Pr ocedure, 1973, the Constitution of India and the special legislation of the State are to be followed. For prema ture release of convicts falling under sub cla use 2 (i) above, guidelines or policy for premature release of life convicts as pr escribed in this chapter may be followed. Composition of the State Level Committee (SLC) 20.04 Each State shall constitute a State Level Committee (SLC) to recommend premature release of life convicts in appropria te cases. This shall be a permanent body having the following members: (i) Principal Secretar y/Secretary In-charge of Prisons-Chairman (ii) Judicia l Secr etary/ Lega l Remembrancer-Member (iii) Head of the Department of Prisons-Member Secretary (iv) A Senior police officer nominated by the DGP /IGP-Member of t he State not below the r ank of IG of Police. (v) Director Pr obation Services /Chief Probation Officer-Member Quorum 20.05 The cases put forward to t he SLC shall be considered even when one or more members of the Committee a re not able to attend the meeting or when there is a vaca ncy on the Committee. The quor um shall compr ise of 4 members and the SLC shall not take any decisions when the quorum is not complete. Periodicity of the SLC’s Meetings 20.06 The SLC shall meet at least once in three months at the State Headquarter on a date to be notified to its members at least 10 days in advance by the Member Secretary. The notice of such a meeting shall be accompanied by complete agenda papers. 20.07 However, the Chair man of the SLC can convene a meeting of the Commit tee mor e frequently, even at short notices, if necess ary. Eligibility for Premature Release 20.08 The following categories of life convict prisoners shall be eligible to be considered for prema ture relea se by the SLC: (i) Women offenders sentenced to life imprisonment: on completion of eight years of imprisonment, including remission, except those covered under S ection 4 33-A of the C ode of Crimina l Procedure, 1973, whose cases will be considered only after completing 14 years of actual imprisonment. (ii) Life convicts (men and young offenders) on completion of 10 years of imprisonment, including remission, except those covered under Section 433-A of the Code of Criminal Procedure, 1973, whose cases will be considered after completing 14 years of actual imprisonment. (iii) Prisoners convicted of offences s uch as rape, da coity, terrorist crimes, kidnapping, kidnapping for ransom, cr ime a gainst women & childr en, smuggling (including those convicted under NDPS Act), P revention of Corruption Act, Immoral Traffic Prevention Act, offences aga inst State, and undergoing life imprisonment, a fter completion of 14 years of sentence inclusive of r emission. (iv) Old and infirm offenders of 65 years of age on the day of the commission of offence, sentenced to life imprisonment on completion of 10 years of sentence or 75 years of age including remission, whichever is earlier subject to the condition that they shall not be act ually r eleased unless they have undergone at least five yea rs of imprisonment including remission. - 145 -Ex-595/2017 Pr ocedure 20.09 For every life convict eligible for eventual consider ation b y the S LC under the r ules (i) Every Superintendent in charge of a prison shall initia te the case of a prisoner at least three months in a dvance of his/her becoming eligible for consideration for premature release as per the criteria laid down by the Sta te Government in the guidelines to be notified separately for eligibility of pre mature release of life convicts. (ii) The Superintendent of prison sha ll prepare a comprehensive note for each pr isoner, giving his family and societal backgr ound as per the record of the case, the offence for which he was convicted and sentenced, a nd the circumstances under which the offence was commit ted. The Superintendent shall a lso reflect fu lly on t he conduct and behaviour of the prisoner in the prison during the period of his incarceration, and dur ing his/her release on proba tion/leave, change in his/her behavioural pattern, a nd prison offences, if any, committed by him/her and punishment awarded to him for such offences. A report shall also be made about his physical and mental health or any serious ailment with which the prisoner is suffering, entitling him for premature release as a special case. The note shall also contain recommendation of t he Superintendent, i.e., whether he favours the premature r elease of the prisoner or not. In either case such r ecommendation shall be supported by adequa te reasons. Ot her Cas es of P rema tur e R elea se 20.10 When a convicted pr isoner, in the opinion of a Medical Board, is in danger of death from sickness (not due to an infectious disease) with no hope of recovery within or outside the prison, the Superintendent sha ll report the fact to the Inspector General of Prisons if it is considered desirable to allow such prisoner the comfort of dying at home. 20.11 If the unexpired period of the prisoner ’s sentence does not exceed six months, the Inspector General of P risons may direct his/her immediate release, after making personal inquiries into the case and cons ulting the District Ma gistrate of tha t distr ict. 20.12 If the unexpired period of the prisoner’s sentence exceeds six months, the Inspector General of P risons shall immediately repor t the facts of the case, along with his recommendations, to the Government. 20.13 No prisoner, without any fr iends or relatives willing to take charge of him/her, shall be released under this r ule. 20.14 This rule s hall not apply to a pr isoner who goes on a hunger strike. A prisoner on hunger strike shall in no cir cumstances be relea sed. 20.15 If a Medica l Board considers that a convicted prisoner is in danger of dying from illness (not due to an infectious disease), a nd that there is a pr obability of his/her recover y when released, he shall furnish a certificate to that effect. On receipt of the certificate the Superintendent shall immediately report the fact to the Ins pector General of Prisons. He shall a lso at the same time send for the prisoner ’s r elatives or friends and ascer tain whether they are willing to look after him. If so, he shall take from them a security bond to the effect tha t in the event of the prisoner being prematurely released on account of illness, they will give him/her u p at any time they may be required to do. 20.16 If a prisoner deta ined solely under a sentence of Impr isonment in default of furnishing securit y to maintain peace or for good behaviour, is so seriously ill that he/ she is likely to die, whatever be the term of his unexpired sent ence, the Superintendent sha ll refer the case to the District Ma gistrate of the District, in case the order is passed by an Executive Magistrate, or to the Court of S essions, in case the order has been passed by a Judicial Magistrate, for necessary orders of release under Section 123 of the Code of Criminal Procedure, 1973. 20.17 Every case of release under these rules shall immediately be r eported to the Head of the Pr ison Depa rtment by the S uperint endent of Prison. The District Magistrate and Superintendent of Police of the district of the convict so released shall also be informed accordingly by the Superintendent of Prisons. - 146 - Ex-595/2017 20.18 If the friends or r elatives of a sick or dying prisoner, whose release has been sanct ioned under above rules, express their inability to meet the expenses of a journey to the prison, the prisoner may be tr ansferr ed, if fit to tra vel, in anticipation of sanction of the Head of P risons Department/ Inspector General, to the prison of the district where he/she shall stay, provided that no prisoner shall be so transferred to any dis trict beyond the jurisdiction of the State without the special sanction of t he Sta te Government concerned. 20.19 In the event of such a pr isoner dying before he/she can be r eleased, the death shall be recorded in the records of the pr ison from which he/she was transfer red. Guidelines for the SLC 20.20 The Member Secreta ry shall convene a meeting of the SLC on a fixed date and time a t the State Headquarters. Notice of such meeting sha ll be given to the Cha irman and Members of the Boar d at least ten days in advance and such notice shall be accompanied by complete agenda pa pers, i.e. the note of the Superintendent of Pr ison along with copies of ot her necessary documents, if any. 20.21 The meeting shall ordinarily be chaired by the Chairman and if, for some reasons, he/s he is unable to b e present, it s ha ll be cha ir ed by the Judicia l Secretary-cum-Lega l Remembr ancer. The Member Secretary shall present the case of each prisoner under consideration before the SLC. The SLC shall consider each case and give its views. As far as practicable, the SLC shall make unanimous r ecommendations. However, in ca se of dissent, the majority view sha ll prevail and will be deemed to be the decision of the SLC. If equa l numbers of members are of opposing views, the decision of the Chairman will be final. 20.21 While considering the case of pr emature release of a particular prisoner the SLC shall keep in view the guidelines issued by t he State Government in this r egard. T he para mount considera tion before the SLC being the welfare of the prisoner and the society at large. The SLC shall take into account the circumstances in which the offence was committed by the pr isoner and whether he/she has the propensity to commit simila r or other offences again. 20.22 Rejection of the ca se of a prisoner for pr emature release on one or mor e occasions by the SLC will not be a ba r for its reconsideration. However, the reconsider ation of the ca se of a convict, rejected once, shall be done only after a period of six months, or as specified by the SLC, but not more than one year fr om the date of its last consideration. A fresh repor t from the Superintendent will be necessary for such reconsideration. It is prescr ibed that rejection of the case of a prisoner of pre mature release should be based on sound reasons conforming to the guidelines issued by the State Government in this regard. The prisoner so affected shall be intimated about the rejection of the case by t he SLC, in writing by the Superintendent of Prison. 20.23 The recommendation of the SLC shall be placed before the State Government without any delay for consideration. The Chief Minister or Executive Head of the S tate ma y either accept the recommendations of the SLC or reject the same on the gr ounds to be sta ted or may ask the SLC to reconsider a particular case. The decision of the State Government Administration shall be communicated to the concerned prisoner a nd in case the Chief Minister or Executive Head of the State has ordered for his premature release, the prisoner shall be released forthwith, with or without conditions, as prescribed in the guidelines issued by the State Government in this regard. Monitoring of Cases 20.24 A computerised record of all the prisoners serving sentence in the prisons, for a follow up of t heir cases, is extremely desir able in every prison as well as at the Prisons Headquar ters a nd at the Home or P rison Department of the S tate Government. The monitor ing system should be based on the following guidelines: - 147 -Ex-595/2017 (i) T her e s h ou ld b e a s ing le file s ys t em for t he ca s e of ever y p r is o ner. S u ch files s ha ll b e ma i nt a ined at the prison institution. (ii) This file will have a complete record of information regarding the consideration of a prisoner ’s premature release on any grounds on previous occasions and the date of reconsideration of the case. (iii) Only one ground for a prisoner ’s prematur e release shall be considered at a time. (iv) Full record of information regarding the stage of each prisoner ’s premature r elease shall be kept in a register prescribed for the purpose as well in computers. (v) Monitoring of all cases shall be done every month at the prison level and every three months at Prisons Headquarter level. Record Relating to Review of Sentences and Premature Release 20.25 Immediately on admission of a life convict, eligible for being considered for premature r elease, the Superintendent of the institution should get a copy of the judgement in his/her case from the court and open a file. T his file should contain: (i) Copies of the judgements of the origina l court and the appellate court. (ii) A da ta sheet containing information, viz. name of the convict, his/her number, age at the time of the sentence, previous occupation, offences, sentences, date of sentence, sentencing court, sentence undergone, unexpired sentence and remission ear ned. (iii) Report of the Superintendent giving particulars about the educational progress, performance at work and voca tional training, int erest in recreational and cultural activities, discipline, group adjustabilit y, conduct, attitude towards society and family members, conduct during release on leave, need for an after-ca re programme, and the manner in which the convict prop oses to resettle after his/her premat ure release. (iv) Medical report about the physica l and mental condition of the offender, serious illness, if any, suffered by him/her, and his/her fitness for premature release. (v) Rejection of his pr e matur e release case by the SLC on previous occasions, if any. (vi) Order of the government. (vii) Bond furnished by the prisoner. (viii) Conditions of release duly signed by the prisoner. 20.26 Pre mature release of convicts other than life convicts - (i) Under Section 432 of the CrPC, the State Government may remit the sentence of any convict other than the life convict on ca se to case basis on the request of the convict. The procedure prescribed under Section 432 CrPC shall be adhered to while remit ting such sentence. (ii) Under Section 433 of the CrPC, the Sta te Government may commute the sentence of any convict as p rescribed subject to t he provisions of the Section 4 33A of t he Code of Criminal Procedure on case to case basis on the request of the convict or without the consent of the person. 20.27 Pre mature release of Convicts convicted in the S tate other than where they ar e confined - The case of pre ma ture release of convicts convicted in the State other tha n where they are confined shall be undertaken by the SLC of the Sta te where the convict was convicted bu t the case shall be prepared and forwar ded by the Superintendent of the Prison where the convict is confined at the relevant time through the Head of the Prison Department of that State. 20.28 The cases of convicts falling under the provisions of S ection 435 CrPC shall be processed by the State Gover nment concerned after consulta tion with the Central Government. - 148 - Ex-595/2017 Chapter XXI PRISON DISCIPLINE 21.01 Prison dis cipline is the prime mover of a dynamic a nd int eractive huma n mecha nism ca lled the correctional process, which an offender undergoes to get reformed into a law-abiding and dignified citizen, who can become self-r eliant after his/ her release and deserve a rightful place in the mainstr eam of t he society. 21.02 An offender, aft er release, always fa ces cold treatment and rejection from the society at la rge. On account of such rejection and dislike, the gap between an offender and the society becomes wider. T his sends the offender back into the world of cr ime, a nd from there again to custody, making a vicious circle. This is how cr ime recurs. Cor rectional work aims t o bridge the gulf between the offender and the mainstr eam society. 21.03 Prison discipline should not be retributive but refor mative; not repressive but curative; and should be carried on with a view to foster the basic values and virtues of life and humanity. 21.04 Prison discipline is the collective responsibility of all the prison personnel who ar e actua lly supposed to usher in reformation to the offender. 21.05 Prison discipline should also ensure impeccable secur ity in the prison so that the safe custody and well-being of the pr isoners is not in jeopa rdy. 21.06 Prison discipline shall also envisage a tidy ambience in the premises, which is conducive to creative work in the field of culture, literacy and vocationa l training. 21.07 Prison discipline shall be supported a nd given a human face by: (i) Sympathetic and patient understanding of the predicaments of the inma tes, with follow-up guidance and counselling, which will act as an emotional support base to them. Counselling will also act as a preventive measure against despondency in their psyche. (ii) Intr oducing a system of incentives and rewards which will be accorded to the deserving inmates making rapid progress on the path of correction. (iii) Exemplary conduct on the part of the Superintendent, Ja iler and other prison personnel will go a long way to encourage pr isoners to return to the society at large and make it a better place for posterity. Scope 21.08 Prison discipline shall cover all aspects of Institutional life such as: i) Discipline of good health, ii) Discipline of work, iii) Discipline of proper behaviour, iv) Discipline of education and learning, and v) Discipline of interest in finer a spects of life. Prison Offences and Punishments 21.09 Following acts of the prisoners shall constitute prison offences: (i) Endangering the security of the pr ison in any way, by a wilful or negligent act and shall include tampering in any way with prison walls, building, bars, locks and keys, lamps or lights or with any other security a nd custody measure. (ii) Doing any a ct calculated to create unnecessary alarm in the minds of other prisoners. (iii) Doing or omitting to do any act with intent to ca use to oneself any illness, injury or disability. (iv) Omit ting to report the commission of a ny prison offence. (v) Breaking law and or der and prison discipline. (vi) Planning, instigating and abetting, directly or indirectly, the commission of any prison offence. (vii) Refusing, omitting to abide by sta ndards of behaviour, r ules and r egula tions a nd la wful ins tr uct ions and or ders. (viii) Failing to assist in the maintenance of prison discipline. - 149 -Ex-595/2017 (ix)Failing to give assistance to a prison official when called to do so. (x)Making false, malicious and groundless, written or verbal, complaints against prison officials. (xi)Committing nuisance or mischief of any sort. (xii) Quarr elling with other prisoners. (xiii) Smoking at places, or at t imes, other tha n appointed pla ces. (xiv) Atta cking, a ssaulting, and causing injuries to others. (xv) Participating in a riot or mutiny, abetting another prisoner to do the same. (xvi) Esca ping or attempting to escape from prison or legal custody or fa iling t o repor t to pr ison officials about attempted escapes. (xvii) Possessing, hiding, smuggling, attempting to smuggle, obtaining, giving or receiving and bartering contraband articles. (xviii) Failing to report to prison officials a bout contraband articles. (xix) Stealing/damaging/destroying/disfiguring/misappropriating any government property or another prisoners' articles and property. (xx) Failing to r eport a t once a ny loss , breaka ge or injury, which the prisoner may accidentally have caused, to prison property or implements. (xxi) Tampering with or defacing identity car ds, records or documents. (xxii) Breach of the conditions of leave and emergency release. (xxiii) Refusing to eat food or going on a hunger-str ike. (xxiv) Eating or a pportioning any food not assigned to him or taking from or adding to the portions assigned to another prisoner. (xxv) Wilfully or negligently destroying or spoiling food, or throwing it a way without orders. (xxvi) Intr oducing into food or drink anything likely t o render it unpalatable, unwholesome, or dangerous for human consumption. (xxvii) Cooking unauthorisedly. (xxviii) Violating r ules and regula tions framed for the systematic running of the canteen. (xxix) Bartering canteen articles. (xxx) Being idle, careless or negligent at work, refusing to work, malingering, disturbing other prisoners at work, or in barracks. (xxxi) Manufacturing any a rticle without the knowledge or permission of a prison officer. (xxxii) Performing any portion of the task allotted to another prisoner or obtaining unauthorised assistance of another prisoner in the per formance of one's own task. (xxxiii) Apportioning to any prisoner any pa rt of the task to be performed by him/her. (xxxiv) Mixing or a dding a foreign substance to the materials issued for work. (xxxv) Wilfully disabling himself from labour. (xxxvi) Converting, or attempting to convert, a prisoner to a different religious fa ith. (xxxvii) Wilfully hurting other's religious feelings, beliefs and faiths. (xxxviii) Agitating or acting on the basis of caste or religious prejudices. (xxxix) Having any communication, in writing or by word or by signs, without permission, with any outsider, an under tria l prisoner, detenus , civilprisoners, and approvers. (xl)Sending messages surreptitiously by wr iting or verba lly. (xli) Participating in, or organising, unauthorised act ivities like ga mbling and betting. (xlii) Using indecent, abusive, insolent, threatening or improper language; b eing disrespectful, making indecent or vulgar acts or gestures. (xliii) Soiling or befouling any place or article. (xliv) Loitering or lingering, leaving the appointed area or work-group without permission. (xlv) Fa iling to a ssist, or preventing another person fr om assisting, prison officia ls in suppr essing violence, assault, riot, mutiny, a ttack, gross personal violence or any other emergencies. - 150 - Ex-595/2017 Punishments for prisoners of all categories 21.10 No punishment or denial of privileges and amenities, or no transfer to other prisons with penal consequences, sha ll be imposed on prisoner s without judicial appraisal.11 21.11 The following punishment(s) may be awar ded by the Superintendent to prisoners for commit ting any prison offence. These are classified into minor punishments and major punishments. 21.11.1Minor Punishments (i) Formal war ning (ii) Loss of privileges given to the prisoners in detention for a maximum of one month (iii) For feiture of earned remission up to ten days. 21.11.2Major Punishments (i) Loss of privileges given to the prisoners in detention from one month to three months (ii) Transfer to greater secur ity prisons a nd consequent loss of privileges (iii) Not counting period of leave towards sentence in case of breach of conditions of leave (iv) Forfeiture of earned remission beyond 10 days (v) Postponement of pr ivileges of leave for a period not exceeding one year star ting fr om the date of the inmate's next eligibility for release on leave (vi) Monitoring under watch a nd security (vii) In case of a ny dama ge to Government property, recovery of cost for such damage after pr oper enquiry effective with judicial appra isal In case of a minor offence which is commit ted mor e than twice, the same will be treated as a major offence and punishment sha ll be a warded a ccordingly. Procedure for Awarding Punishment 21.12 For award of major punishment the prisoner should be given notice in writing, calling him to show cause with reference to the alleged violation of the ja il rule. The order of punishment should also be communicated to the concerned prisoner. 21.13 In respect of offence committed by the prisoners which are punisha ble both under the existing criminal laws and prison offences, it should be the discretion of the Superintendent either to use his own powers of punishments or to prosecute the offender before a court of law. 21.14 No p risoner should be punished twice for the sa me offence. Duties of Prisoners 21.15 At t he time of admission, prisoners should be provided with a manual/ handbook outlining their duties inside the prison as provided in Appendix - 1. The duties broa dly include the following: (i) Obey the or ders of all officers of prison (including clerks, medical and technical staff) and convict officers (ii) Rema in strictly wit h their groups and within the part of the prison in which they ar e confined, unless ordered by pr oper authority to leave it. (iii) Abstain from talking when in a file at unlocking or at latrine a nd bathing or other pa rades, or at any time when ordered by an officer of the prison to desist; also abstain fr om abusing, singing, qu arrelling, laughing loudly, talking loudly and indecent behaviour at any time (iv) Not hold any communication with outsiders, women, civil or undertrial prisoners or prisoners of a class different from their own, or with the guards, beyond what is a bsolutely necessary 11 Principle laid down by the Supreme Court in Sunil Batra v. Delhi Administration (1978) 4 SCC 494; Also, see Charles Sobhra j v. Superintendent of Tihar Jail (supra) a nd Kishore Singh v. State of Raja sthan, 1981 Cr LJ 17 where the Supreme Court vehemently condemned solitary confinement and putting cross-bar fetters and declar ed that flimsy grounds, such as behaving insolently and in an uncivilised manner, tearing off the history ticket, etc. cannot be the foundation for solitary confinement and cross bar fetters. - 151 -Ex-595/2017 (v) Not receive or possess ganja or other drugs, money or jewellery, or any article of food or clothing prohibited by the rules, books, papers, writing materials of any description, rope, knife, or other implement (except during wor king hours and when the implement is required for work). When they find any of these articles in the prison or know of any other prisoner ha ving possession of any such ar ticles, they shall report the matter to the Jailer or Wa rder (vi) Report any plot or conspir acy, and any attempt to escape, or a ny planned atta ck upon any prisoner or officer of the prison (vii) Help the officers of prison in the event of any attack upon them (viii) Keep their clothes, blankets, beddings, and utensils clean and in proper order (ix) Keep their p ersons clea n (x) Perform their assigned ta sks willingly and car efully and take proper care of any property of government entrusted to them for any pur pose (xi) Be orderly in their behaviour; mar ch when moving about the prison; when address ing or being addr essed by an officer of the pr ison or visitor stand at attention with their hands down; and salut e when or der ed (xii) Not to remove pr ovisions from the kitchen or food servicing platforms without author ity, or conceal any article of food in the war ds or cells (xiii) Not to remove any unconsumed food from the place where the meal is taken (xiv) Stick to the bed, ward, yar d, and the seat assigned to them while at meals or at work (xv) Not to loit er in the yar ds/wards, , after the doors have been opened, or bathe beyond the specified hours (xvi) Not commit any nuisance or urina te in a ny part of the prison which has not been a ssigned for that purpose, or spoil any part of the prison or any article in the prison in any way (xvii) Show respect to all officers. Not to str ike, assault or threaten any officer or prisoner (xviii) Not to gamble or barter or play any ga me (unless specially permitted by the Superintendent) within the prison; nor keep animals, birds or other pets; (xix) Wear the clothing given to them and not to exchange clothing or any part of their prison kit, with any other prisoner. (xx) Not to undertake any agita tion, or ganized protest or hunger str ike. Gr ievanc e Redr essa l S yst em 21.16 Voicing resentment/grievance is an elementary human instinct. If it is suppressed, it can lead to an aberrant fr ame of mind which will be detr imental to natural and healthy growth of body and mind. (i) Therefore, there shall be an act ive Grievance Redressa l System (G.R. S.) in every prison which will provide every inmate the legit imate opportunity to voice his grievances. (ii) The system will also act as a safety valve aga inst a ny possibility of sudden outbursts of suppressed grievances. (iii) There shall be one or mor e complaint boxes in every pr ison installed in centrally located and convenient places, within easy reach of the inma tes. Such complaint box shall also be insta lled in an easily accessible place in the female ward. (iv) The inmates may drop their complaints in the form of written petitions addressed to the Superintendent, or to the higher authorities, into such boxes. (v) The box sha ll rema in under lock and key and the key shall remain in the custody of the Jailer, who shall unlock the complaint box at least twice a week on the days fixed and approved by the Superintendent. (vi) The complaint box shall be opened at appointed time before the evening locking up of the prison. (vii) The Superintendent shall form a permanent Commit tee of G.R.S ., compr ising himself, the Jailer (the senior most Deputy Superintendent in the event of more than one Jailer being posted there), the Medica l Officer, and the Welfare Officer. If the prison happens to have a female enclosure then a senior lady officer of appropriate rank shall be included in the committee. - 152 - Ex-595/2017 (viii) The committee shall meet a s and when necessary, but at least twice a week to look into all the complaints of the inmates. (ix) The Superintendent shall preside over the committee which shall enquire into all the compla ints at the earliest. (x) The decision of the committee sha ll be executed forthwith. (xi) Complaints addressed to the higher authorities shall be forwarded to the addressee with comments of the Superintendent without delay. (xii) Letters addressed by pr isoners to the Government, Judiciary, Inspector Genera l of Prisons or other high funct ionaries should be for warded to them immediately without being censored and a da ted receipt of it should be given to t he prisoner. T he r eceiving a uthority s hould acknowledge letters immediately and look promptly into them. (xiii) The District Judge should visit each prison in his jurisdiction once a month and give an opportunity to all the prisoners to present their grievances or requests, if they so desire, in the absence of prison offices. This should be a statutor y funct ion of the District Judge. (xiv) The system of taking weekly rounds of inspection of prisons by the Superintendents should be made sta tutory by including it in Prisons Act. If a prisoner is not satisfied by the action taken by the Superintendent on his complaint, he shou ld be a llowed to appr oach higher authorities for redressal of his grievances. (xv) The Board of Visitors should be activated. The visitors should receive and enquire into prisoners' complaints and grievances and send their suggest ions to appropriate authorit ies. Chapter XXII AFT ER-CARE AND REHABILITATION 22.01 The process of aft er-care and rehabilit ation of offenders is an integral p art of instit utional care and treatment. These two should never be de-linked. The aftercar e of a prisoner is an extension of the institutional t reatment progr amme; hence the administrative machinery for ca rrying out these progr ammes should be effectively integrated with the department of prisons. 22.02 It is clear that after-car e, and follow-u p service is not required by each and every inmate leaving the prison. A large number of prisoners coming from the rural areas and agrarian and business communities are generally accepted back into their family. They are re-assimilated in the social milieu without much difficulty. T hey require only some continued conta ct with their kin and some pre-release counselling to bridge the gap between their life in the pr ison and that in the free society. 22.03 There are other pr isoners who resist follow-up action as they consider it a kind of surveillance on them. But majority of the inmates would welcome such programmes which help them settle in the society after their release, and get themselves rehabilitated beyond the possibility of reverting to crime. Objectives 22.04 The objectives of t he after -care services are: (i) Extending help, guidance, counselling, support and protection to all released prisoners, whenever nec es sa r y. (ii) Helping a released person to overcome his/her mental, social and economic difficulties. (iii) Helping in the removal of any social stigma tha t may have been attached to the inmate or his/ her family because of his incarceration. (iv) Impr essing upon the individual the need to adjust his/her habits, attitudes, approaches and values to a rationa l appreciation of social responsibilities and obliga tions a nd the requirements of community living. (v) Helping the individual in making satisfa ctory readjustment with his/her family, neighbourhood, work group, and the community. - 153 -Ex-595/2017 (vi) Assisting in the pr ocess of the individual's physical, mental, vocational, economic, social and attitudinal post-release r eadjustment and ultimate rehabilitation. Process 22.05 After-care services should be extended to all needy persons released from prisons, conditionally or unconditionally or on license. While after-car e services should be provided to all needy prisoners, at t he very least, prisoners having served a minimum of five year s of imprisonment shall necessa rily be entitled to a ft er-car e services. 22.06 After-care problems of an individual should be treated in their totality and not in isolation. Not only the individual but his/her whole social situation must be tackled at the same time. 22.07 After-care work should broadly be phased as follows: (i) While the individual is under institutiona l care and treatment (ii) Immediately after r elease from the institution (iii) Post-release period. 22.08 There should be full coordination between the Correctional Services and the a fter-car e services. 22.09 It is the responsibilit y of the Sta te to devise and develop mechanisms for rehabilitation of released convicts. For this purpose, Discharged Pr isoners’ After Care and Rehabilitation Committees will be set up at the dist rict or State level. Such committees will inter alia devise the mechanism for rehabilitation and after-care assistance for released pr isoners. While devising the mechanism and extending help, special attention will be paid to the pr otection and post-release care and help of children, a dolescents, women, sick, old, infirm and handicapped persons. Special emphasis should be laid on the after-care of habit ual offenders, if they so request. Planning 22.10 Planning for after-care should be initiated immediately after an inmate's admission in the institution. 22.11 After-care should be in the interest of the individual, and based on his needs. While planning post- release assistance, factors like the inma te's personality, his weaknesses a nd strengths, limitations and capabilities, and his rehabilitation needs should be ta ken into cons ideration. T he inma te's desires for post-release help should be considered on a practical a nd realistic ba sis. 22.12 The inmate should be told what type of assistance would best suit his needs. He should be encouraged to plan his post-release life, as this would be helpful in his willing acceptance of the after-care plan. He should be prepared for his post-release life. 22.13 From the time of a prisoner's admission into prison, considera tion should be given needs and he should be encouraged and assisted to ma intain or esta blish such relations (with persons or agencies outside the institution) a s may promote the best int erests of his family and his/her own social rehabilitation. Specia l attention should be paid to the maintenance and improvement of such r elations between a prisoner and his family, as are desira ble in the best interest of both. Functioning of a Probation/ Welfare/ Rehabilitation Officer 22.14 An officer of appropriate rank is to be appointed as Pr obation/Welfare/Rehabilitation Officer in each prison. The Probation/Welfa re/ Rehabilita tion officer should contact the inmate dur ing his/her admission-quarantine period. Such an early contact will be helpful in planning over-all help for the inma te and his family. The Probation/ Welfare/ R ehabilitation Officer should meet the inmate at least once a month throughout his stay in the institution. 22.15 The Probation/ Welfare/ Rehabilitation Officer should extend all possible assista nce in maintaining the inmate's continued relationship with his family, employer and community. The welfare of the family members and dependants of offenders, as well as of their victims, should be looked after. 22.16 The Probation/Welfare/Rehabilit ation Officer should be a ssociated with the prisoner's welfare services a t the headquar ter level. - 154 - Ex-595/2017 The Role of N.G.Os/Industry Associations 22.17 The participation of approved N. G.Os. in the rehabilit ation progra mmes should be extensively encouraged. Voluntary organisations, which wish to help the government in rehabilita tion projects, should be given necessa ry financial and other help. T heir services should be given due appr eciation by the Inspector General of Prisons. 22.18 The public should be educa ted about the need for rehabilitation of ex-p risoners through print and audio-visual media. 22.19 Continuous liaison should be maintained with the agencies/individuals which are willing to give employment to the r elea sed prisoners. 22.20 Companies that are required to spend 2% of their net profit on CSR activities under the Compa nies Act, 2013 should be encouraged to contribute funds towards rehabilitation of prisoners. Appr opriate steps may a lso be taken by the State Government to facilitate tax-deductibilit y of donations made for this purpose in terms of Section 80G of the Income Tax Act, 1961. Scope of after-care assistance 22.21 The scope of after-care assistance will be determined by the District Commit tee and may include the following matters: (i) Sub sistence money to cover initial expenditure after release, till such time as the relea sed person reaches his/her family or obtains employment. (ii) Provision of food. (iii) Temporary accommoda tions till housing arr angements are made. (iv) Stay in a District Shelter/ After-care Host el/Stat e Home, wher ever ava ila ble. (v) Assistance in securing housing in urban ar eas. (vi) Assistance in securing apprenticeship in a workshop/technical institute/industry/tr ade. (vii) Supply of ar tisan's tools or trade equipment. (viii) Assistance in starting a cottage industr y, any small business trade, a small or a stall. (ix) Assistance in getting employment (x) Assistance in getting land, agricultural equipment, dra ught or milk ca ttle, a nd seeds for those opting to t ake up agriculture (xi) Assistance in starting a small da iry, poultry, duck, or sheep farm/piggery/vegetable gardening/ seri-cultur e/bee-keeping. (xii) Liaison with and a ssistance to prisoner's family during the period he/she is serving a pr ison sentence. (xiii) Help in maintaining continuity in relationship with family, neighbours, employers and community. (xiv) Preparing the family, employer and neighbour s for receiving the individual after release. (xv) Guidance in getting married and setting up a home and r esettling in life. (xvi) Liaison with local police so that h/ she is not hara ssed unnecessar ily. Family or Mar ital Adjustments 22.22 The following adjustments would be required: (i) Explaining to the police the background and problems of the individu al and getting help and coop eration from the police in the process of resettlement. (ii) Communicating to the Panchayat/Community Development authorities about the background, problems and needs of the r eleased person. Getting t he cooperation a nd help of the Panchayat, Community Development Officer, National Extension Service Worker, and Gram Sevak, in the resettlement of a prisoner. (iii) Reference to a Social Service Orga nisation in the neighbouring area where the prisoner is likely to settle after release. (iv) Assistance in continuation of education and vocationa l training. - 155 -Ex-595/2017 (v) Creating int erest in education and study. Motivating them to acquisition and improvement of skills, healthy recreation, and construct ive use of leisure. (vi) Encouragement in building good habits. (vii) Help in pla nning a nd balancing his budget. (viii) Encouraging thrift and sa vings. Making them leave cos tly habits. (ix) Medical treatment on long-term basis for tuberculosis, venereal diseases, leprosy and cancer, in a n outside hospital. (x) Posting the released person under the ca re of a person or family int erested in his welfare and resettlement. (xi) Protection from getting a ssociated with anti-social groups, agencies of moral ha zards (like gambling dens, drinking places and brothels) and with demoralised and deprived persons. Help in establishing contacts, acquaintance and friendship with reliable neighbours, co- residents or coworkers. Legal Aid and Protection 22.23 The following aid and protection may be required: (i) Help in all matters relating to the resettlement and rehabilitation of t he released person. (ii) The After-care agency should be closely associated with the planning of the after-care progr amme for the inmate. 22.24 The plan of after-care of a prisoner should be subject to such changes as would be fou nd necessary by the after-care ser vice. 22.25 The Probation/ Welfare/ Rehabilitation Officer should intensify his wor k during the pre-release period. He should mainta in all the prescribed records under the direction of the Superintendent. 22.26 After release from the institution, the case of a released person should be followed up for a period ranging from one to five years according to the requirements of each case. 22.27 The Probation/ Welfare/ Rehabilitation Officer shall establish follow-up study through interviews or correspondence. A six monthly report evaluating the released person's adjustments and resettlement should be prepared by him and copies of it should be sent to the correctional institution where the individual had undergone treatment and to the record branch in the headquar ters or ganisation. 22.28 The recor d bra nch in the headquarters should ma intain all the case files a nd follow-u p reports according t o the central indexing system. Formulation of Schemes 22.29 The Industries Depa rtment of the government should formulate schemes for the employment of released convicts in small scale industrial units. 22.30 Big industr ial houses should be motivated at the level of the Prisons Headquarters to give prefer ence in jobs to released prisoners in the interest of their rehabilitation and social adjustment. Chapter XXIII OPEN INSTITUTIONS 23.01 All Open a nd Semi-open institutions are int ended to put into practice the contemporary ideology of reformation, correction and rehabilitation of convicted prisoners so that they may lead a self-disciplined and cultured life after their release. These institutions provide the prisoners opportunities of employment and living a life in the op en. This restores dignity of the individual and develops in him/her self-reliance, self-confidence a nd social responsibility, which a re necessary for his/her rehabilitation in the society. 23.02 State Government should frame detailed rules r egarding the a dministration of Open Work Ca mps, Semi-open Training Institutions, Open Training Institutions and Open Colonies. The contents of this - 156 - Ex-595/2017 chapter are of a general nature a nd are only illustrative. The details regar ding the administration of Open Institutions should be fixed by each State in accordance with the local conditions. 1.GENERAL PROVISIONS 23.03 The below mentioned categories of prisoners shall not be eligible for transfer to any of the open institutions: (a ) Offenders classified as ha bitual, provided they have not earned a higher gra de in the proposed progressive system. (b) Prisoners who are consider ed dangerous or are involved in serious prison violence like assa ult, outbreak, riot, mutiny or escape, or who have been found instigating serious violation of prison discipline. (c ) Prisoners convicted for offences such a s dacoity, terr orist crimes, kidnapping, and smuggling including those convicted under NDPS Act, foreigners, escape risks and members of organised criminal ga ngs. (d) Prisoners committed for fa ilure to give security for maintaining peace or good behaviour. ( e) Prisoners suffering from mental illness. (f) Prisoners convicted of offences against a ny law r elating to matters to which the executive power of the Union Government extends, unless a pproved by the Union Government. (g) Convicts in POCSO case. (h) Prisoners whose tra nsfer is likely to have reper cussions elsewhere in the country (i) Facing trial in other cases (j) Prisoners who have been tr ansferred from an Open Prison to a Closed Prison. Selection/ Classification Committee 23.03.1 For the pur pose of selecting prisoners for confinement in any Open Pr ison, there shall be a Selection/ Classification Committee consisting of the following members- (a ) The Deputy Inspector Gener al of Pr isons or any other officer nominated by the head of the Prisons department shall be the Chair man. (b) The Superintendent of the Prisoners from which the Prisons ar e to be selected for confinement in an Open Pr ison. (c ) Medical Officer of the concerned Pr ison (d) Probation/ Welfare/ Rehabilitation officer of the concerned Prison or other officer in-charge of welfare work. The Selection/ Classification Committee shall, subject to the provisions of these rules, prepare a list of prisoners and shall submit the same to the Head of the Prisons for his Orders. 23.03.2 The Selection Committee should thoroughly screen the case of each casual prisoner on the following points before recommending them for transfer to an open institution: (a ) Physical fitness and menta l health requir ed for living in a semi-open or open institution. (b) Beha viour a nd conduct in the prison. (c ) Number of pa roles a vailed and his conduct during that period (d) Progress in work vocationa l training and education. ( e) Group adjustability. (f) Char acter a nd self-discipline. (g) Verification of his address / relatives (h) Extent of institutional impact (Whether t he inmate has r eached peak points of training and treatment). (i) Whether the inmate can be further helped in the institution. Whether he will benefit by training and treatment in Semi-open or Open Institutions. (j) Whether the inmate is getting instit utionalised. (k) Sense of responsibility. - 157 -Ex-595/2017 Note: (i) If there is no Semi-open Training Instit ution or Semi- open Institution in t he State, prisoners may be transferred directly to Open Institutions as per directions laid down by the State Government. T he State Government may a lso lay down directions for direct admission to other institutions. (ii) Only such pr isoners, whose behaviour and p rogress in the institution has been good, and who are fit for a regime based on trust, resp onsibility and self-discipline, should be considered for transfer to a semi-open or Open Institution. P risoners who a re dangerous to society, who are members of professional a nd orga nised criminal gangs, who ar e habit ual offenders, or who are suffering from menta l unsoundness or physical diseases, and those who ar e a n esca pe or discipline risks, should not be transferred to Semi-open or Open Institutions. 2.Transfer 23.04 Transfer to Semi-open/Open Instit utions, Work Ca mps, Colonies will be governed by the following gu idelines : (i)Transfer to Semi-open Institutions 23.05 On completion of t wo year s of actual imprisonment in case of a life convict, and six months or one- four th of sentence as convict, whichever is more but subject to not mor e than two year s in case of a terminal convict the Selection/ Classification Committee shall examine in detail, the case of ever y convict on the points mentioned in note (ii) to Para 23.03.2 above. 23.06 If the Selection/ Classification C ommittee is of the opinion tha t the inmate is fit for being transferred to a semi-open institution, a report in the prescribed form should be submitted to the Inspector General. On receipt of sanction from the Inspector General, the inmate should be oriented to his new responsibilities in a semi-open institution. 23.07 On admission at a Semi-open Institution, the inmate should be kept in the reception yard for at least six months. During t his period, he should be fur ther acquainted with t he requirements of living standards, standar ds of behaviour under Semi-open conditions, basic education and work skills. 23.08 A pr ogramme suitable for the inmate’s t raining should be organised at the Semi-open Institution. He should be given necessary facilities to further improve his educational and cultural level and vocational skills. Suitable work should be given to him so that he may further improve his work habits and skills. (ii)Tr ansfer to a n Open Tr aining Instit ution/Open Wor k Ca mp 23.09 On completion of five yea rs of imprisonment, excluding remission, in the ca se of a life convict, and one year or one-fourth of t he sentence as a convict excluding remission, whichever is more but not more than two years in case of a terminal convict, the Selection/ Classification Committee should study the inmate’s case for his eligibility for an open institution. If the Selection/ Cla ssifica tion Committee is convinced that the inmate is fit for treatment in an open institution, a report in the prescribed form should be sent to the Inspector Gener al for his tra nsfer. On receipt of sanction of the Inspector Gener al, the inmate should be oriented for his life in t he open instit ution. He should be made to understand that any failur e in ma intaining satisfactory behaviour at the open institution would entail his re-transfer to the Semi-open or Closed Institution. 23.10 On admission to the Open Institution, the inmate should be kept in the reception yard of the Institution for at least three months. During this period he should be further educated to the requirements of living under open conditions and a regime based on self-discipline. 23.11 A Pr ogramme suitable for the inmate’s needs should be organised at the open instit ution. He should be given necessar y facilities to further improve his educational and cultural levels and vocational skills. Suitable work should be given to him so that he further may improve his work habits and skills. - 158 - Ex-595/2017 (iii) Tra nsfer to Open Colony 23.12 On completion of seven years’ of imprisonment in case of a life convict, or in the case of a convict sentenced to seven years of imprisonment or more after the convict ha ving undergone half of the sentence, excluding remission as a convict, the Selection/ Classification Committee shall exa mine the inmate’s case for being transferred to an Open Colony. If there is no Semi-open or Open Institution in the State, a prisoner may be tra nsferred directly to a n Open Colony after completion of 10 years stay in a closed Instit ution with remission in case of a life convict, or on completion of three-fourth of the sentence in the case of other convicts. If the Selection/ Classification Committee is satisfied that the inmate is fit for a transfer to an Open Colony, a report in the prescribed form, along with the inmate’s case file, should be forwar ded to the Inspector General. On receipt of sanction from the Inspector Genera l of Prisons the inmate should be tra nsferred to an Open Colony. 23.13 Inmates should initially be treated in Semi-open Institutions and then in Op en Institutions. Transfer to a n Open Colony should be made only aft er ensur ing tha t the inmate has satisfactorily responded to the treatment in Semi-open and Open Institutions. These tra nsfers should be done on a highly selective basis. Care should be taken to see t hat selection for treatment in an Open Colony does not become reutilised and mechanical. 23.14 Before being transferred to an Open Work Camp/Semi-open or Open Institutions/Open Colony, the inmate should be informed about the requirements a nd resp onsibilities of living in the new institution. On admission at these institutions, the inmate should be kept in the reception yard under observation. During this period he should be further oriented to institutional standards of behaviour and other requirements of institutional life. 23.15 The conditions which an inmate sha ll have to observe at these places should be laid down. Before being transferred to these institutions the inmate will be required to sign a bond prescribed by the Inspector General. 23.16 Minimum st andards, as prescribed for the Closed Instit utions, regarding accommodation, equipment, sanitation, hygiene, medical services, diet a nd welfare ser vices, shall be mainta ined at each Semi-open Training Institution, Open Tra ining Institution, Open Work Camp and Open Colony. These institutions should have good communica tion and transport facilities. Emergency equipment shall be provided in accordance with the requirements of each institution. 23.17 Security arr angements in these institutions should be established in a way that the possibilit y of esca pe gets minimised and a sense of secur ity prevails in theneighbouring community. 23.18 The programmes at these institutions should be very car efully planned so that the inmates remain occupied in useful activities. S pecial attention should be devoted to: (i) Care and welfare of inmates (ii) Individual attention to inmates’ problems (iii) Education, work, vocationa l training and cultura l activities (iv) Self-discipline and character training (v) Release pla nning, pre-release preparation, and after-care. 23.19 Wages should be paid as pr escribed by the State Government. The wages at Semi-open institutions, Open Training Institutions, Open Work Camps and Open C olonies may be higher than those at the Closed Institutions. 23.20 Inma tes should be encouraged to maintain their family contact s. The Superint endent may use his discretion in gr anting the facilit y of additiona l letters and interviews according to the merits of ea ch case. 23.21 While an inmate is living in open conditions in a Semi-Open or Open Tr aining Institution or Open Work Camp, he may be allowed to stay with his family members for one week every six months. Arrangements for such stay may be made in a family hutment in a suitable place outside the Semi- open or Open Training Institution. These huts may be so located that the inmate and his fa mily members get the r equired priva cy while at the same time the requ irements of discipline and security are also fulfilled. The period of stay in the family hutments should be treated as leave period and should count towards the sentence. - 159 -Ex-595/2017 Not e: Such a periodical stay with his family will be helpful in keeping the inmate close to his fa mily group. T his concess ion should, however, be granted on a selective basis and aft er a thorough study of each inma te’s ca se. Initially t his concession should be tried on an experimental basis. In due course, and after having gained enough experience, it may be further developed to suit local conditions in each Sta te. T he State Government should issue detailed instructions in the resp ect. 23.22 Inmates working in open conditions in Semi-open Prisons will get concessions/remissions as permissible in Open Work Camps. 23.23 The Superint endent should examine the case of every inmate at least once in three months. 3.Personnel 23.24 Only personnel who have the capacity for handling inmates under semi-open or open conditions and have the requisite calibre and leadership for imparting training and tr eatment in these conditions should be posted at these institutions. 23.25 Unless they volunteer to do so, personnel shou ld not be required to remain at these institutions for more than two years at a time. The staff posted at these instit utions may be given an additional allowance of about 25% of the basic salar y to be as fixed by the government. 4.Open Work Camps/Open Training Institutions 23.26 Open Work Ca mps should be started in places where nation building activities, like digging canals, water channels, construct ion of dams, r oads, government buildings a nd prison buildings, project s of land reclamation, la nd development a nd br inging uncultiva ted land under cult ivation, soil cons ervation and forestation, can be organised. Open Tr aining Institutions should be situated in place where land a nd vocational training facilities ar e available for inmates’ training and after that for work either in collaboration of some Indu stry/Or ganisation/Depa rtment or by Pr ison Department. 23.27 Pr isoners who do not respond properly to the standar d of discipline in these camps should be transferred back to Closed Institutions. 5.Semi-open Training Institutions 23.28 Prisoners should mainly be employed in suitable industries, agr iculture and allied work. Emphasis shall be laid on programmes like literacy project, social education, cultural and recreational activities; 23.29 Inma tes will be gr adually relaxed from the condition of closed prison in the beginning to that of an Open Instit ution in the final stage. 6.Open Colonies 23.30 In open colonies, emphasis should be on work, literacy projects, social education, training in agriculture and allied fields and cultural activities. Chapter XXIV UNDERTRIAL PRISONERS Classification of Undertrial prisoners 24.01 The classification of undertrial prisoners should be done only on the basis of secur ity, discipline and institutiona l progr amme. No classification on the basis of social status should be attempted. The entitlement of diet, clothing, bedding and interview will be the same as applicable to other categories of p rison. Undertria l prisoners should be classified as under: (i) Category - 1 (S 1-Red): F unda mentalis ts, Naxalites, extremists and terr orists or any other individual characteristics warranting confinement in Security Zone-1. - 160 - Ex-595/2017 (ii) Category - 2 (S2-Blue): Gangsters, hired Assassins, dacoits, serial killers/rapists / violent robbers, drug offenders, ha bitual grave offenders / communal fa natics and those highly prone to escapes / pr evious escapees/ attack on police and other dangerous offenders/including t hose prone to self-ha rm/posing threat to public or der, warranting confinement in Secur ity Zone-2. (iii) Category - 3 (S3-Yellow): Those who do not pose any threat to the society, upon release, like those involved in murders on personal motives, other bodily offences, theft/ property offences, prohibition offences, other special and local laws, ra ilway offences and other minor offences. Note: (i) Persons suffering from mental ailments and young offenders shall be lodged separately. (ii) Cour ts will send intimation to prison a uthorities about under trial prisoners who have turned appr overs or have made confessions. (ii) An accused person detained under section 122 (2) of the Criminal Procedure Code, must be treated as an under trial prisoner until his case has been decided by the Sessions Court or High Court. Admission 24.02 An Assistant Jailer should be in charge of all work pertaining to undertrial prisoners. 24.03 No person shall be admitted into a prison as an undertrial p risoner unless accompa nied by the following documents: - (a)Arema nd warra nt in the prescribed form, signed dated and sealed by the competent authority. There should b e separ ate writ, warra nt or order for every prisoner, even if two or more prisoners ha ve been jointly accused; (b) Identification roll conta ining at least two specific permanent identification marks like deep scar s, birth marks, moles indica ting their exact location on the b ody; 24.03.1 Discrepancies in r emand warrant. - T he officer on duty is authorized to refuse admission of an undertrial prisoner in whose case the remand war rant is not sent in t he appr opriate form or the warr ant is found to contain (i) discrepancies in name or identification, (ii) omissions of t he signa ture of t he competent authority. In such a case, a report should be sent in the prescribed form to the authorities concerned; 22.03.2 The property of an undertrial prisoner shall remain in the court. 22.03.3 Children. - Children of women undertrial prisoners may be admitted if suitable a rrangements for their ca re cannot be easily made outside. 22.03.4 Food - If a n under trial pr isoner has not been in the pr ison previously, it is the duty of the police, or the military escort officer, to see that the undertrial prisoner is given food before he is taken to the prison, if he is likely to arrive there too late for the prison meal. If the police or military escort reports that the undertrial prisoner has not been supplied with food, prison authorities should make necessary arra ngements for the issue of food to him. In ca se the undertr ial prisoner is admitted after the pr ison meals have been served, or after lock-up, food stuff like parched rice, parched gram, groundnuts, etc., should be issued to him as per prescribed scale. 22.03.5 Admission hours (a ) Undertrial prisoners should be a dmitted during usual working hours of the prison. Prisoners received after the lock-u p hour should be confined in a separ ate pla ce specially ea rmarked for such purpose. (b) While undertrial prisoners are being escorted, car e should be t aken to see tha t they r each the destina tion before the lock-up hour. If undertrial prisoners are likely to reach the destina tion after lock-up hour, the tr ansferr ing prison or sub-prison or the police or military officials should send sufficient advance intimation to the pr ison where the undertrial pr isoners are being escorted. 22.03.6 It is the duty of every prison officer to endeavour to ascer tain whether a n undertrial prisoner has been previously convicted. Such infor mat ion, as and when it is available, shou ld be immedia tely forwarded to the Superintendent of police for necessary act ion. - 161 -Ex-595/2017 Approvers 24.04 When an undertrial prisoner has been admitted by the cou rt as a n approver or a confessing accused he s hould be kept s eparate from ot her s concerned in the same ca se. Wher e ther e are separate cells or compartment in the undertrial ward, these should be utilized for the purpose. If there is no separate compartment, such prisoners may be kept in separate cells by day and in separate wards by night, but care must be taken that they are not kept in solitary confinement. 24.05 Any special direction as to the separation of an undertrial pr isoner given by the Judge or Magistrate should be carried out. Such separation should be unaccompanied by any irksome condition beyond those necessary to secure the object in view, namely, to prevent him from communica ting directly or indirectly with other prisoners concerned in the same or other case. Identification for court purposes 24.06 Undertrial prisoners shall not be allowed to cu t or sha ve their hair on their heads or faces or in any way to alter their persona l appearance, so as to make it difficult to recognize them. They shall not, however, be prevented from changing their clothes, provided that their appearance is not materially a ltered when they are presented for identification in the pr ison or sub-prison, or when sent to cour t for tr ial; 24.07 The police shall give intimation t o prison authorities of cases in which identification of under tria l prisoners is to be ca rried out and shall give full description of growth of hair, moustache, beard, etc. , which the undertrial prisoners had at the time of arr est; 24.08 Test identification should be held as per rules framed for this purpose. Police interrogation 24.09 Only such police officers a s have been authorized by the Judge or Magistrate, s hould b e allowed to interrogate an undertrial prisoner while in prison custody. Such interviews should be held in the presence and within the hearing of a prison officer. Facilities 24.10 The following facilities s hould be extended to all undertrial prisoners:- (a) Legal defence, (b) Interviews with la wyers or family members (for legal purposes ) Note:T he Superintendent of Prisons may carefully select well-behaved prisoners to a vail fa mily interview a fter giving due consideration to security and other aspects. (c ) Signing Va kalatnama, (c ) Delegation of power of attor ney, (d) Execution of will, ( e) Essential religious necess ities as per rules, (f) Applications to courts for legal aid at Government cost as per provisions of law. (g) Other applications to courts, (h) Application to Legal Aid Societies for free legal aid, 24.11 Such facilities as are sanctioned by the State Government should be extended to undertrial prisoners. Food 24.12 Food from outside may be allowed subject following conditions:- (a ) A wr itten undertaking sha ll be given by the undertrial prisoner and the supplier of food that they are entirely r esponsible for the wholesomeness of such food and that pr ison administra tion will not be responsible for any mishap t hat may happen. Food for only one day's requirement of the undertr ial prisoner shall be allowed at one time. F ood articles will be tasted by the person who delivers the food. The food will be delivered at hours prescribed by the prison a uthorit ies. - 162 - Ex-595/2017 Food shall b e eaten in the prescribed area and during prescribed hours only. During emergencies or epidemics or for reasons of health of the undertrial prisoner, outside food may be disallowed. The Superintendent has the authority to disallow or discontinue this concession at any time. (b) Prisoners a llowed to receive outside food, shall not be given prison food. (c ) Undertrial prisoners should not be allowed to cook their food separ ately in the institution; Clothing 24.13 Usua l private clothing to meet reasonable requirements should be allowed to undertrial prisoners. Such articles of clothing as will affect the security requir ements of the institution should not be allowed. An undertr ial prisoner who has no sufficient clothing of his own may b e provided with the same at Government cost at the pr escribed scale. Such clothing may be allowed to be retained by the undertr ial prisoner even after his r elease. Private articles bear ing mar ks or symbols of political affiliations shall not be a llowed t o be kept or used by undertria l prisoners. Letters 24.14 On the initial admission of a prisoner, a printed card should be sent at Government cost to his family. This card should contain information on the following points; t he inma te's institutional number and address , brief summar y of rules regarding interviews, letters, etc., 24.15 Four letters per calendar month, two at his cost, and two at Government cost, shall be allowed to be written by an undertrial prisoner, 24.16 Additional letters for legal purposes such as a rranging defence, bail, a nd security may be allowed nor mally at the pr isoner's own cost, 24.17 Undertrial prisoners may be allowed to purchase from the prison canteen, a r easonable supply of stationery and writing material which should be marked and serially numbered by the prison authorities. Interviews 24.18 When a legal adviser desires an interview with an undertrial prisoner, he shall apply in writing, giving his name, address and profession and satisfy the Superintendent as to his bona fides. Every interview between an undertrial pr isoner and his legal adviser shall take pla ce within the sight but out of hearing of a pr ison official. One int erview per calendar week wit h family members or relatives or close friends may be allowed. In deserving cases additional interviews for legal purposes may be granted in the discretion of the Superintendent. Undertria l prisoners should not be granted interviews with convicted prisoners unless they are very close relatives; Canteen 24.19 An undertrial prisoner sha ll be a llowed to make purchases from the ca nteen up to amounts as may be fixed by the State Government. Production before court 24.20 An undertria l prisoner sha ll be pr oduced before the cour t, on the due date of hearing, in person. However, for extension of detention in custody, the pr isoner may be produced befor e the court either in person or through electronic media like, video-linka ge. For this purpose a court diary shall be maintained in which all relevant entries of production before va rious court shall be made. T hese entr ies should be made daily by the officials concerned and should be daily supervised by the officer in charge of undertrial work. Requisition of escort 24.21 On the basis of the court diary, r equisition for police escort should be sent sufficiently in adva nce. Information about women, adolescent, juvenile undertrial prisoners and as far as possible about violent, da ngerous and notorious undertrial pr isoners should be sent to the police authorities while requis itioning the escort. - 163 -Ex-595/2017 Sick prisoners 24.22 If a n undertrial pr isoner is sick and the Medical Officer certifies the prisoners inability to attend the cour t, he should not be produced before the court. In such a n event, the medical certificate should be forwarded to the court. Feeding 24.23 Before undertrial prisoners are sent to the court, the usual morning meals should be served. Ar ticles allowed to be taken while going to the court 24.24 While going to the court, the undertrial prisoner should return all prison articles issued to him. Excepting clothes on his person and papers perta ining to his case, the undertrial pr isoner s hall not be allowed to carry any other articles wit h him. In case the undertrial prisoner wants to ta ke his cash for legal purposes, the same should be forwarded to the court through the police escort. This amount may be utilized by the undertria l prisoner under orders of the court for purpose like legal defence, cost of cop ies, etc. T he disposal of this amount should be cer tified by the police and the prisoner in the appropriate column of the register prescribed for such purpose. Under no circumstances, should the undertrial prisoner be allowed to carr y cash or valua ble, if any, on his person. Search 24.25 Before being sent t o the court, and after having been received back from the court, all undertrial prisoners shall be t horoughly searched. Transport 24.26 For transporting undertr ial pr isoners to and from the court a nd other dest inations, necessary arra ngements for conveyance should be made by the police authorities. If not a separate conveyance, the common conveyance should at least ha ve separ ate compartments for women undertria l prisoners and young undertria l offenders. Handcuffing 24.27 Handcuffing should be resorted to when there is no other reasonable way of p reventing escape of the prisoner, in the given circu mstances.12 24.28 The following categories of undertrial prisoners may be handcuffed for reasons recorded in writing and with approval of the court:- (a ) Prisoners involved in serious and violent offences, (b) Prisoners having notorious or dangerous background, (c ) Violent, aggressive and refractory prisoners, (d) Prisoners who have previously esca ped. 24.29 Handcuffing of undertrial prisoners may be done in the court pr emises with the permission of the cou rt. Cour t P remis es 24.30 The police escort shall not allow any eatables or prohibited articles to undertria l prisoners during their journey between the court and the prison or on t he cour t premises. 12Prem Shanker Shukla v. Delhi Administration AIR 1980 SC 1535. Citizens F or Democracy through its President v. State Of Assam And Ors AIR 1996 SC 2193: No prisoner shall be handcuffed or fettered routinely or merely for the convenience of the escort… Even in cases where, in extr eme cir cumstances, handcuffs have to be put on the prisoner, the escorting authority must record contemporaneously the rea s ons for doing so. Otherwise, under Art. 21 the pr ocedure will be unfair and ba d in la w. Nor will mer e recor ding the reasons do, as that ca n be a mechanical process mindlessly made. T he escorting officer, whenever he handcuffs a prisoner produced in court, must show the reasons so recor ded to the Presiding J udge and get his approva l. Otherwise, there is no control over possible ar bitrariness in applying handcuffs a nd fetters. - 164 - Ex-595/2017 24.31 Undertrial prisoners should be thoroughly searched befor e being taken into the court-r oom. Retur n to the prison 24.32 As soon as the court wor k is over, such undertrial prisoners as have been remanded to prison custody should be brought back t o the prison immediately. 24.33 On r eturn of an undertrial prisoner from the court to the prison gate, if any unauthorized article is found or a special circumstance or an irregula rity is noted by the prison officer on duty, he shall forthwith report the matter to the senior officer on duty and if necessary, to the District Superintendent to Police for action. Such cash as is br ought by the police escort should be recorded in the register and deposit ed in the prison office under intimation to the undertria l prisoner. Pr oduction of undertrial prisoners in other States 24.34 When an undertrial prisoner is required to be sent to another State for trial, the S tate from where the undertrial prisoner is sent should arrange for the escort. Tra vel and other incidental expenses of the escort and of the undertr ial prisoner should be borne by the dispatching State. Production of undertrial prisoners before court in civil suit proceedings 24.35 Unless ordered by the District Judge, no undertrial pr isoner shall be produced before cour t for civil suit proceedings. Prevention of undue detention 24.36 An undertr ial pr isoner whose case is being tried by a Magistrate shall be produced before the Magistr ate at least once in fifteen days for the purpose of further order Upon the exp iry of each period of remand, the prisoner shall be placed before the Magistr ate; 24.37 A st atement in the prescribed for m showing details of u ndertrial prisoner whose cases have been pending for more than three months should be sent on the fifth day of each month to the Sess ions Judge or District Magistra te with relevant extracts to the cour t concerned. Additional Cases 24.38 When additional case/cases are pending against a prisoner, the following action should be taken:- (a ) Entr ies of additional cases in red ink on the remand warrant in appropriate columns of undertrial register and court dia ry shou ld be made; (b) Intimation to the court/courts concerned about pending cases stating whether the prisoner is on bail or not in connection with that ca se or those ca ses should be sent; (c ) Intimation to police escor t in the prescribed form shou ld be s ent; 24.39 When an undertrial prisoner is wanted for trial in another case/cases for which he is not on bail, the cour t concerned will issue separa te remand warra nts. In the event of grant of bail in the second case or other cases, due intimation shall be sent by the courts to the prison authorit ies; 24.40 When an undertrial prisoner confined in a prison or sub-prison is required for another case/cases for which he is on bail, the court concerned will duly intimate the prison authorities; 24.41 In the case of an undertria l prisoner having two cases pending a gainst him, for which he is not on bail, an endorsement in red ink should be made each time he is sent to the court. Discipline 24.42 No convicted prisoner s hall be kept in the same area in which undertrial prisoners are kept, or be allowed to have contact with undertrial prisoners. Except prisoners working in essential pr ison services like conservancy, etc. no convicted prisoner shall be allowed to enter the under-trial yard or block. As soon a s the work is over, these prisoners should be withdr awn from the yard or block. In a ll matters where undertrial prisoners are concerned, no convicted prisoner shall be used for supervision or similar purpose. All such matters should be handled by staff members. - 165 -Ex-595/2017 Work 24.43 Undertrial prisoners shall clean the yards, barracks and cells where they are kept. Undertrial prisoners should be detailed for this work. Such work may be allot ted on a group basis, so that through the cumulative work of all the undertrial prisoners, the yards, barracks, cells will get cleaned up. It will also be incumbent on all undertria l prisoners to keep their own clothing, bedding and equipment properly washed, cleaned, and disinfected; 24.44 If undertrial prisoner volunteer to wor k, suit able work, if possible, be given to them. Wages may be paid to them according to schedules of sta ndard t asks and wages, as fixed by the State Government. Employment of under trial prisoners on extramural work is strictly prohibited. In no case, should undertrial prisoners be employed outside their own enclosure or in work-sheds and areas where other convicted prisoners are working. Transfer 24.45 During an emergency or on administrative grounds, the Inspector -General is authorized to transfer undertrial prisoners from on prison to another within the State, provided that if a prisoner is transferred to a place outside the jurisdiction of the cou rt concerned, prompt intimation should be sent to the cour t. The prisoner shall be produced b efore the cour t on the due date. Serious Illness 24.46 When an undertrial prisoner is seriously ill, the Superintendent shall send a r eport, along with a medical report, to the court concerned in order that if the law permits and the court thinks fit, the prisoner may be released on bail. Transfer to an Outside Hospital 24.47 When the pr ison Medical Officer r ecommends that in the interest of the healt h of the undertrial prisoner, he should be transferred to a hospital outside the prison, immediate action should be taken and the ma tter r eported to the cour t concerned. Death 24.48 The death of an undertrial prisoner shall be promptly reported to the court and other concerned agencies as required. Conviction 24.49 When an undertrial prisoner is convicted, the officer in cha rge of undertr ial prisoners should hand over all connected papers and records together with cash and private property if any to the officer in charge of admission of convict ed prisoners who will attend to the usual routine in this respect. On conviction, an undertrial prisoner should be transferred to the yard meant for newly admitted convicts. Release Relea se from the court 24.50 When an undertria l prisoner is discharged or released from the cour t, an endorsement to that effect will be made by the court in the prescribed form. On receipt of such intimation, entries in the appr opriate columns of the undertrial register should be made; 24.51 If the undertrial prisoner is released fr om the court he should claim his personal property if any from the prison authorities within three months, fa iling which the same should be forwarded to the police for disposal. Relea se fr om prison 24.52 Release orders and bail bonds will be sent through post or through the peon of the court. If any private person brings such documents, the same should not be accepted at the pr ison office; - 166 - Ex-595/2017 24.53 On r eceipt of a bail bond or release order prompt action should be taken. In a Centra l or a large District pr ison, an undertrial pr isoner should normally be released within four hour s of the receipt of the bail bond or release or der. Relea se Procedure 24.54 While relea sing an undertrial pr isoner the officer in charge should attend to the following points:- (a ) Scrutiny of the bail bond or release order with relevant original papers and record, (b) Checking whether any other case is pending against the undertrial prisoner, (c ) Checking of the identity of the undertria l prisoner, (d) Handing over of the cash and property of the undertria l prisoner; 24.55 The undertrial prisoner should be informed of the contents of the bail bond pr ior to his release; 24.56 If the undertrial prisoner has not got sufficient money, he/she may be given travel warrant and if his/ her journey home is likely to take more than 12 hours; he may be given subsistence money; 24.57 After release the bail bond should be duly returned to the cou rt concerned a long with a cer tificate of release. Women Undertr ial Prisoners 24.58 Women undertrial pr isoner shall be escor ted by women police. As far a s is pr acticable, sepa rate conveyance should be provided for the transpor t of women undertrial prisoners. 24.59 Women staff members shall be in charge of women undertrial prisoners. The Lady Assistant Jailer or Senior Matr on should be present at the time to a dmission and release of women undertrial prisoner. S he shou ld attend to all work pertaining to the women undertrial prisoners. 24.60 As far as possible, women undertr ial prisoners should be handed over to their relatives aft er release. If t his is not possible, a woman police or woman prison guard should escort the released woman undertrial prisoner to the nearest station or transpor t bus stand. Daily Routine and Programme For Undertrial Prisoners 24.61 The following daily routine should be adjusted to suit local conditions: (i ) Early Morning Toilet, Meditation, Prepa ration for opening, Unlocking according to conditions of visibility, Counting, Search, Leaving the barr ack or cell. (ii) Morning Toilet, Prayers, P.T.drill, individual and group exericise, Morning light meal, Cleaning of barracks cells, yards, open spaces, Cleaning of equipment, Work on voluntary basis, Educational classes, Washing of clothes and ba th, Meal and r est. (iii) Afternoon Newspapers, librar y books, Educa tional classes, Socia l educa tion, Toilet, Games a nd reaction for one hour accor ding to institutional facilities. (iv) Early evening Wash, Evening meal, Prepa ration for lock-up, Counting, Search, Lock-up at dusk. (v ) Evening Reading newspapers, libra ry books, T V/Radio music, Meditation, To bed. Programmes on Sundays and Prison Holidays 24.62 On S undays and prison holidays the following routine should be followed subject to adjustment to suit local conditions:- (i) Early morning As in rule 24.64.(i) - 167 -Ex-595/2017 (ii) Morning Toilet, Exercise, Light meal, General cleaning of barra cks, cells open spaces, Cleaning of equipment, Washing of clothes and bath, Inspection of equipment, Meal and r est. (iii) Afternoon Educational Films : As per schedule for each group and in accordance with institutional facilities. Group Music, Newsp apers, Library books, r adio/TV, Toilet, Games (one hour). (iv) Early evening As in para 24.61(iv) (v) Evening As in para 24.61(v) Chapter XXV HIGH-RISK OFFENDERS AND DETENUES 25.01 High risk offenders, including prisoners classified under categories I and II (indicated below), will be lodged in sepa rate enclosures dema rcated as high secur ity enclosures within the existing prisons. If possible, separ ate high security prisons may be cons tructed in ever y distr ict with the lodging capa city of 50-100 inmates. Under no circumstances should the High risk offenders be kept with other undertrial prisoners and convicts. Classification of High risk offenders 25.02 All prisoners, including undertr ials and detenues, shall be classified into following ca tegories to determine the level of security for effective surveillance, safe custody a nd prevention of esca pes: (i) Security Ca tegory - 1 (S1-Red): Fundamentalists, Naxalites, extremists and terror ists or any other individual characteristics warranting confinement in Security Zone-1. (ii) Security Category - 2 (S2-Blue): Gangsters, hired Assassins, dacoits, serial killers / rapists / violent robbers, drug offenders, habitua l grave offenders / communal fanatics and those highly prone to escapes / previous escapees/ attack on police and other dangerous offender s/including those prone to self-harm/posing threat to public order, warranting confinement in Security Zone-2. (iii) Security Ca tegory - 3 (S3-Yellow): Those who do not pos e any threat to the s o c i e t y, u p o n release, like those involved in murders on personal motives, o t h er b od il y of f en c e s , t he f t / property offences, prohibit ion offences, other special and local laws, r ailway offences and other minor offences. The above three categorization shall be done on the basis of the inputs provided by the police/intelligence agencies at the time of admission. (iv) Security Ca tegory - 4 (S4-White): Prisoners who are eligible for Open Prisons. (v) Security Ca tegory - 5 (S5-Green): Elder s, sickly, students, etc. The above two categorization shall be done by the prison authorities. Building Structure 25.03 High security enclosures/ prisons should have a thick outer masonry wall at least 20 feet in height, with watch towers a t all its corners and one central tower within the enclosure. The enclosures/ prisons should be provided with anti-tunnelling sla bs and all spaces open to the sky should be covered with iron grill. T hese enclosures can be divided into security zone grade I and security zone grade II. 25.04 Security zone gr ade I should have a cellular type of accommodation wit h a minimum space of 10' x 9' which will ha ve the facilit y of an inbuilt WC and bath and a strong dividing wall. F ront portion of cells should be of iron grill, the flooring should be of RCC slab, high ventilators should be - 168 - Ex-595/2017 provided instead of windows. The building shou ld have a sepa rate entry lob by with visitors' room on one side, MI room, and food distribution room. The hardcore militants, terrorists, professional killers, habitual offenders of heinous crimes, violent and dangerous prisoners a nd prisoners who pose great threat of escape will be lodged in security zone grade I. 25.05 Security zone grade II will have a single room accommodation (cellular and the association barracks). This accommodation can be of 16' x 9' size where two or three prisoners can be lodged at a time. The barracks should have a maximum capacity of lodging 10 to 15 prison inmates. They should also have an inb uilt toilet and bath. The size of one barrack can b e 27' x 10'. T his security zone can have a common kitchen. S ecurity zone gr ade II will also have a separ ate entr y lobby; the space open to the sky should be covered with iron grills. 25.06 The building pattern should be oval and covered with watch towers on all sides. In this zone, first offender militants and terrorists both convicts and under-trial prisoners, who pose lesser threat of escape, ca n be lodged. Staff Pattern 25.07 Well trained staff should be detailed for watch and wa rd duty of High Secur ity enclosures. An officer not below the rank of Jailer should be in charge of these enclosures. P rovisions should be made that no staff on duty comes in direct contact with the prisoners except as a requirement of duty. Facilities (Interviews, Letters, Communication) 25.08 High-risk offenders will enjoy all the fa cilities admissible to the under-trial prisoner s or convicts, but the interviews will be held in the presence of a n officer. It will be advisable if close circuit televisions with sound recording facilities are fitted in the interview room. Moreover the room should be near the entrance lobby and within the high security enclosure. In any case, high risk offenders will not be allowed in the main interview blocks. Interviews should be allowed with only blood relations and a uthorised lawyers. 25.09 All letters should be properly censored. Food, Toilet, Clothing and Bedding 25.10 No cooked food from outside shall be allowed for high risk offender s. No individual shall be allowed to cook for himself. However, the high risk offenders ca n have a common kitchen. No under-trial, detenue or convict should b e allowed to enter the high security enclos ure. Admissibility to toilet articles, clothing and bedding shall be the same as that given to other undertrials and convicts. Medica l Care 25.11 Medical car e shall be the same as for other inma tes but within the enclosures of the inbuilt MI room. In case of an emergency, with the permission of the Inspector General of Prison, they can be shifted to the local hosp ital for treatment but under proper police escort and guard. Sports, Games and Recreation 25.12 Subject to prison securit y and discipline, prisoners lodged in grade I security zone can be provided with books, newspapers and journa ls. Writ ing material can also be provided as and when required. If possible, TV/Radio sets can be provided outside the cells with such restrictions as fou nd necessary from the view point of security. Regula r physica l exercise and yoga can be a llowed within the cell itself. Prisoners ca n be allowed to st roll within the pla ce inside the block in the evening before being locked-up. 25.13 Similarly, prisoners lodged in secur ity zone grade II can be provided with r adio and television in their barr acks, indoor games like carom and chess can be given to them. Books, newspapers, jour nals and magazines along with stationar y can be provided to t hem. At interva ls, seeing their behaviour, cultural programmes can also be allowed. - 169 -Ex-595/2017 Canteen Facility 25.14 High r isk offender s may be allowed to avail of canteen facilities only if adequate security preca utions are taken to prevent untowar d behaviour. Reform a nd Tr eatment Pr ogrammes 25.15 The reform and treatment programmes can b e extended to the prisoners lodged in the security area grade II. Minimum technical education with primary focus on handicr aft wor k should be given. Basic educa tion should for m an essential part of the pr ogramme. These activities and progra mmes should be conducted within the enclosur e itself. These prisoners shall not be taken out to mix with other inmates. Security 25.16 A double ring of security sha ll be provided to all security enclosur es. Inner security of the enclosures should be manned by highly tr ained staff of the prison, while the outer security, including the watch towers and secur ity wall, should be the duty of an special a rmed guard. 25.17 The enclosures should be equipped with walkie-t alkies, alarms and ja mmers and state-of-the-art electronic surveillance system of interception and interruption. (i) ID machines hand-held a nd doorframe, metal detectors a nd all other electronic devices should be made available. (ii) The armoury of the prison should be well equipped with all types of sophisticated and automatic weapons. (iii) Every barrack and cell, especially the interview room, should be fitted with closed circuit T.V. camer a s. (iv) The sentries guarding the watch tower should alwa ys be alert. (v) A no man's a rea should be identified near the high secur ity enclosures which should not be accessed by any pr ison inmate and the staff, except those who are detailed for duties. (vi) Proper sear ch of ba rracks, cells and prisoners should be conducted every day. T he high security prisoners of category 'I' and 'II' should be sear ched twice a day whereas category 'III' at least once a day. (vii) The locking up and opening should be conducted in the presence of the officer in charge and no barrack cell should be opened during night hours except in the presence of the Superintendent of t he prison. (viii) Besides checking the locks, bars, grills, mess, ventila tor, floors, walls of barrack/cells, its ceiling should also be checked. (ix) The guards posted in t he yards of the enclosure should not hold conversation with each other more than wha t may be requir ed to perform their duty. The entrance door of the yard should always be kept locked fr om inside. (x) The keys of the locks of the cells /barracks doors shall always be carried by t he person entrusted with the duty. They shall under no circu mstances be handled by any unauthorised per son. (xi) The cells and ba rracks should be well lighted to avoid dark spots andcorners inside. (xii) The guard on duty should be thoroughly searched while going in and coming out. He shou ld be b riefed adequat ely from time to time about nonaccep tance of a rtic les like eatab les, articles for smoke, even water fr om these prisoners. (xiii) The inmates of high secur ity enclosures should be counted at least twice in a day besides the counting done during locking up a nd opening. (xiv) Necessary gadgets such as breath analyser, canine unit , etc. may also be procured a nd utilised to check any breach of prison discipline. - 170 - Ex-595/2017 Court Hearing 25.18 Video linkage should be provided to these high security enclosures. In any case no under-trial, convict or convict officer or detenue should be allowed to enter these enclosures. T he regular prison staff or the paramedical staff will not have access to these enclosures unless they are accompanied by the officer in charge of the block. Convicts for Rigorous Imprisonment 25.19 High risk offender s who a re undergoing rigorous imprisonment, will do all sort of work assigned to them inside the security enclosures. Punishment 25.20 All high risk offenders ca n be punished by the Superintendent in case of breach of discipline and security of prison in the manner set forth in Cha pter XXI (Prison Discipline) of this Manual. The Superintendent may take appropria te legal action against such prisoners and in case a high risk offender commits an offence which is punishable under any law in addition to being a prison offence, appropriate criminal process may be initiated against him by moving the local police station. In a ddition to the major and minor punishments provided in Chapter XXI: (i) If a high risk offender commits frequent breaches, the Superintendent can recommend his shifting to any other prison to the Ins pector General of Prisons. (ii) Facilities like interviews/letters/ ca nteen facilities can be withdra wn for a limited time, or otherwise. (iii) Forfeiture of earned remission and any other punishments as laid down by the Inspector General may also be imposed. Chapter XXVI WOMEN PRISONERS 26.01 To ensure safety of women pr isoners and guard them against any form of exploita tion, it is desirable t ha t at least one women’s ja il be est ablished in ea ch State. While exclusive p risons far from centra l areas may hinder a woma n prisoner ’s p roximity from home, such exclusive prisons may at times be necessary from a safety perspective. In any case, separate enclosur es/ prisons within distr ict or central prisons are also required to be esta blished for housing female inmates where there are no exclusive jails for women. Till separate prisons for women are established, both male and female inmates ca n be confined in the sa me prison on the condition that female offenders are to be kept in a strictly secluded female enclosures within the prison complex. The existing enclosures for women in common prisons may be renovated to ensure that the women inmates do not come in contact with male inmates during their passage to and fr om these enclosures. Such enclosure should be, to the extent possible, independent in terms of infrastructural set-up. These enclos ures should have a double lock system; one lock outside and the other inside. The keys of the inside should alwa ys rema in in the custody of women guard ins ide. 26.02 The enclosures for women prisoners should have all the requisite fa cilities with reference to their special needs such as segregation, security, pregnancy, child birth and family car e, health care and rehabilitation etc. 26.03 Care should be taken to ensure tha t women inmates are pr otected against any form of exploitation. The work and treatment programmes for female inmates should be devised giving due considera tion to t heir special needs. Female prisoners should b e granted equal access to work, vocational training and education as male prisoners. - 171 -Ex-595/2017 Classification and Separation 26.04 Women prisoners shall be classified and kept separately as under: (i) Under-trial prisoners sha ll be kept completely separa ted from convicted pr isoners, even when their number is small. (ii) Habitual offenders shall be separated from casual prisoners. (iii) Habitual offenders, prostitutes and brothel keepers must also be confined separately. (iv) Under no circumstance should female young offenders be confined with adult women prisoners. Given their young and impressionable nature, female young offenders should be kept in separate enclosures a nd and should be given treatment and training suited to their special needs for rehabilitation. (v) Civil pr isoners a nd detenues, including those under pr eventive provisions, should be kept sepa rately from convicts a nd undertrial prisoners, and from other prisoners, as far a s possible. (vi) Political p risoners and those courting a rrest due to their pa rticipation in non-violent socio- political/ economic agitations for declared public causes should not be confined in prisons along with other p risoners. Separ ate prison camps with adequate facilities should be provided for such non-violent agitators. Notes: (i) No criminal or non-crimina l lunatic will be kept in the prison. Those currently there shall be immediately transferred to appropriate mental health institutions. (ii) No classification of prisoners shall be allowed on gr ounds of socio-economic status, caste or class. Register 26.05 A register (which may be in elect ronic form) sha ll be maintained in every place of imprisonment with numbered pa ges where the following details of women pr isoners shall be entered: (i) Information concerning their identity. (ii) The reasons for their imprisonment and the author ity ordering such imprisonment with full deta ils of such or der. (iii) T he day and hour of their admission and release. (iv) Details of children of the prisoner, if a ny, including names, a ges, location and custody sta tus. 26.06 Deta ils of the children of women prisoners, including names, ages, location and custody status, shall also be recorded in the register. Such information regarding the identity of the children shall be kept strictly confidential and may be shared only with the mother ’s express permission. Not e: No person shall be received in an institution without a valid commit ment or der. Restriction on Women Prisoners 26.07 No female pr isoner shall, on any pretext, leave or be removed fr om the female enclosur e except for release, tra nsfer, or attendance a t court, or under the order of the superintendent for other legitimate purposes. 26.08 Every female prisoner a uthorised to leave her enclosur e will ordina rily be accompanied by a matr on or a ssistant matron, chief warder or female war der from the time she leaves till she returns. Exclusion of Males 26.09 No male sha ll be permitted to enter the female ward of any prison, at any time, unless he has a legitimate duty to attend therein. No adult male shall enter it at all by night except in an emergency, and even then only along with the female warder/female officer. He shall thereafter record a clear report of his visit with the reasons for such visit, a nd the hour thereof, in his r eport book. 26.10 Male warders and other male staff, acting as escort to la dy visitors and officials, sha ll remain outside the enclos ure. - 172 - Ex-595/2017 26.11 If a t any time a male prison officer or warder or prisoner enters, or of attempts to enter, any ward or portion of a prison reserved for female prisoners, without proper a uthorit y, it shall be reported to the Jailer forthwith. Training of staff for gender-sensitivity 26.12 All staff assigned to work with women prisoners shall receive training r elating to the gender- specific needs and huma n rights of women including on sexual misconduct a nd discrimination. Such staff shall also be sensitized regarding situations and instances where a woman inmate may feel pa rticula rly distressed, so as to be sensitive to their sit uation and ensure tha t the women are provided appropriate support. 26.13 Where children are allowed to stay with their mothers in prison, awareness-raising on child development and ba sic training on the health ca re of children shall also be provided to pr ison staff, in order for them to respond appropriately in times of need and emergencies. Locks of Female Enclosures 26.14 The locks of enclosure and barracks, where women are confined shall, be different fr om those in use in other parts of the prisons, so tha t there is no possibility of keys for locks of other enclos ures being misused for opening enclosures for women prisoners. 26.15 Suitable measures may be ta ken (including the provision of alarm bells) to ensure minimum delay in opening bar racks in case of an emergency. Photography and Fingerprints 26.16 Photographs, foot -prints, finger-prints and measurements of women prisoners shall be done in the presence, and with the assistance, of women prison officer s or women warders. Inspections 26.17 Daily visit s shall be made by women prison officer s and staff in all women barracks and enclosures, and particular attention will be paid to health and hygiene-r elated problems of women pr isoners. 26.18 Night inspection rounds sha ll be made by women officers a nd warders. Reports of such night inspections shall be recorded in the repor t book immediately on completion of such Inspection. Prisoners Requiring Mental Health Care 26.19 Fema le prisoners needing tr eatment for mental diseases s hall not be admitted in prison. They shall be kept in separate enclosures for female patients at the mental hea lth hospital, or in other mental health facilities, under t he supervision of a la dy Medical Officer. Custody of the Female Enclosure 26.20 There shall be round the clock du ty of female head warders and female war ders in the female enclosures. Admission of Under- Trial Prisoners 26.21 The admission rules for under-tr ial and convicted prisoners in the prison Manual shall be applicable to under tr ial and convicted women prisoners a lso. Search of Women Prisoners on Admission 26.22 Women prisoner shall be searched by female warders in the presence of other senior women personnel/women officer with due regards to consideration of privacy and decency. Such sear ch shall not be condu cted in the presence of any male. - 173 -Ex-595/2017 Quara ntine on Admission to Pr ison and Medical Aid 26.23 Women prisoners on admission to prison shall be medica lly exa mined a nd, if the exa mining lady Medical Officer deems it necessary, kept separately in t he female enclosure on medical grounds for the period prescribed by t he medical officer. 26.24 Aft er a dmission to pr ison, all women prisoners shall be required to wash themselves and their clothing thoroughly as soon as possible. Their personal clothing shall be disinfected before being stored. 26.25 Part-time lady medical officers of the District Government Hospital shall be engaged for medical examination of female prisoners on admission. Only lady doctors shall look after the medical care of women prisoners during their stay in prison. 26.26 Ever y woma n pris oner shall be examined by a la dy Medical O fficer. Such examinat ions s ha ll also be conducted on readmission after bail, parole and furlough. In ca se a woman officer/ matr on/female warder suspects a prisoner to be pregnant, the woman prisoner shall be sent to the District Hos pital for detailed examination and report. Pregnancy 26.27 When a woman prisoner is found, or suspected, to be pregnant at the time of admission or la ter, the lady Medical Officer shall report the fact to the Superintendent. Arrangements shall be made at the earliest to get her medically examined at the female wing of the District Government Hospital for ascer taining the st ate of her health, pregnancy, duration of p regnancy and the probable date of delivery. After ascertaining all necessary particulars, a detailed report shall be sent to the Inspector General of prisons. 26.28 Gynaecologica l examina tion of the female prisoner s hall be performed in the Distr ict Government Hospita l. Proper pr e-natal and ante-natal car e shall be provided to the prisoner as per the advice of qualified medical officer. 26.29 Adequate and timely food including supplementa l nutr ients, a healt hy environment and opportunities for regular exercise shall be pr ovided t o pregnant women, babies, children and breast- feeding mothers. Child Birth in Prison 26.30 As far as p ossible (provided the prisoner has a suita ble option) ar rangements for tempor ary release (or suspension of s entence in the case of a casua l offender) will be ma de to enable a prisoner to deliver child in a hospita l outside the prison. Only when there is high security risk in the case of any particular woman p risoner, the facility to deliver child out side the prison shall be denied. 26.31 Births in pr ison shall be registered at t he loca l birth registr ation office. T he fact that t he child has been born in prison shall not be recorded as the place of birth. Only the address of the locality shall be mentioned. As far as the circumstances permit, all facilities for performing the naming rites of the child born in a prison shall be extended to the mother. Property of Women Prisoners 26.32 All money, jeweller y, and articles of clothing, received with or found on the person of a woman prisoner on her admission to the prison, or sent subsequently by the police, or tendered by her relatives or friends on her behalf prior to her release, shall be received and taken over by the Ja iler or other officer on duty. A list of all such articles shall be entered in the Admission Register and in the convict's warr ant and read over to the convict in the presence of the Superintendent who shall countersign the entries in the register a nd in the warrant. Method of stor ing the prisoner's money, etc., shall be according to the general rules laid down in the Prison Manual of respective state. Certain Ornaments to be allowed to Women Prisoner 26.33 Fema le prisoners shall be allowed to retain, in modera tion, certain ornaments of small value such as mangal sutr as, bangles and toe r ings. T he Superintendent may, however, at his discretion, refuse to allow the retention of these orna ments in any pa rticula r case for disciplinar y/security reasons. - 174 - Ex-595/2017 Children of Women Prisoners 26.34 A child up to six years of age shall be admitted to pr ison with his mother if no other ar rangements, for keeping him with relatives or otherwise, can be made. Children born in prison may remain with their mothers up to six years of age, if they cannot otherwise be suitably placed. The Medical Officer shall deter mine the age of childr en not born in prison for the purpose of this provision. 26.35 No child sha ll be admitted into or retained in pr ison if he has attained the age of six years. The Superintendent shall infor m the Directora te of Social Welfare a bout all children of that age for placing them in a home run by the Social Welfare Department. Such children shall be kept in protective custody until t heir mother is released or the child attains such an age as to be able to earn his own livelihood. 26.36 Children kept under protective custody in a home of the Depar tment of Socia l Welfa re shall be allowed to meet their mothers at lea st once a week. The Dir ector, Social Welf are Depa rtment will ensure that such children are brought to the prison on the dates fixed for this purpose by the Superintendent of Prison. Guidelines issued by the Supreme Court for children of women prisoners (R.D. Upadhyay v. State of A.P, AIR 2006 SC 1946) *A jail must have adequate facilities for prenatal and post-natal care for female prisoners as well as their children. *Gyna ecological exa mination of female prisoners sha ll be perfor med in the District Government Hospital. P roper prenatal and post-natal care shall be provided to t he prisoner as per medical advice *As far as p ossible and provided she has a suita ble option, ar rangements for tempora ry release/ parole (or suspended sentence in case of minor and casual offender ) should be ma de to enable an expectant prisoner to have her delivery outside the prison. Only exceptional cases constituting high security risk or cases of equivalent grave descriptions ca n be denied this facility. *Pregnant women in jails should be able to give birth outside the prison facility (except in some extr eme ca s es), so as to ensure tha t the new-b or n is given p roper care. *The fact tha t the child has been born in the prison shall not be recorded in the certificate of birth that is issued. Only the address of the localit y shall be mentioned *Within the prisons, childr en should be a ble to ha ve access to food, shelter medical assist ance when requir ed, education and a r ecreational space. *Children shall be regularly examined by the lady Medical Officer to monitor their physical growth and shall also receive timely vaccination. Vaccination charts regarding each child shall be kept in the records. Extra clothing, diet and so on may also be provided on the recommendation of the Medica l Officer. *Women can keep their children with them until the childr en reach the age of six. Then they should be handed over to welfare institutions maintained by t he Social Welfare Department, prefer ably within the same city or town. *The child can rema in in such an institution until the mother is released or the child is capable of earning a livelihood. *Children kept under the pr otective custody in a home of the Department of Social Welfare shall be allowed to meet their mother at least once a week. The D ir ector, Socia l Welfar e Depar tment, s ha ll ensure that such children are brought to the prison for this purpose on the date fixed by the Superintendent of Prisons *The State Legal Services Authorities shall take necessary measures to periodically inspect jails to monitor that the directions regarding children and mothers are complied with in letter and spirit. Welfare of the children of the Women Prisoners 26.37 Prison administration should ensure holistic development of children of inmates confined in the prisons. To the ext ent possible, prison a dministration shall strive to create a suitable environment - 175 -Ex-595/2017 for childr en’s upbringing which is as close as possible to that of a child outside prison. The Board of visitors shall inspect these facilit ies at regular intervals. Educa tion 26.38 The childr en of women prisoners living in the prison shall be given pr oper education and recr eational opportunities. There shall be a well-equipped creche and a nursery school attached to a pr ison for women where the children of women prisoners shall be looked after while the mothers work in prison. Children below thr ee years of age shall be allowed in t he creche and those between three and six years shall be looked after in the nursery school. These facilities may also be extended to the children of warders and other female pr ison staff. 26.39 The creche and nur sery school sha ll be run by the prison administration preferably outside the prison with the assistance of NGOs or state welfare services. In the event the prison administra tion cons iders it difficult to run a crèche, a rrangements should be made to send the children to a priva tely run crèche under pr oper security. The tr ansporta tion charges involved in the process and cr èche fee shall be borne by the pr ison administration. 26.40 Children in prison shall b e provided with adequate clot hing suiting the local climatic requirements. For this the Sta te Government shall lay down appr opriate scales. Articles, like diapers and others a s required, should be pr ovided to women prisoners who are caring for their infa nt children. 26.41 In addition to regular requirement, two cakes of 150 grams each of soaps/ detergent shall be pr ovided to women prisoners with children. Diet/ F ood: 26.42 Scales of diet for children shall be decided keeping in view the calorific requirements of growing children as per medical norms and climatic conditions. Separate utensils of suitable size and material should also be provided to each mother prisoner for feeding her child. 26.43 In t he event a woma n prisoner with childr en falls ill, a lternative arra ngements should be made by the prison staff for looking aft er any children falling under her care. Health care 26.44 Adequate health fa cilities shall be provided to children of women prisoners (in collabor ation with community health services). Children shall be r egularly examined by a Lady Medical Officer to monitor their physical growth who shall also be vaccinated for va rious diseases including polio and small-pox at the appropria te time. Extra clothing and diet ma y also be provided to such children on the wr itten r ecommendations of the Medical Officer. Diet and Food 26.45 Mana gement of kitchens or cooking food on caste or religious b asis should be strictly banned in prisons for women. 26.46 Adequate and nutritious diet should be given to nursing women and to children accompanying women prisoners. 26.47 Food articles should be of a good quality. 26.48 Pregnant and nursing women prisoners should be prescribed a special diet. 26.49 Women prisoners should get special diet on festivals and national days, as may be specified in the rules. 26.50 Medical Officer should ensure tha t food is cooked under hygienic conditions and is nutritious. 26.51 There should be a separate kitchen for every 100 prisoners. 26.52 Special arra ngements for warming food / milk shall be ma de for women with children. 26.52 Some women staff s hould be given specia l training in management of diet and kitchens and such trained staff should supervise the kitchens and cooking in prisons for women. - 176 - Ex-595/2017 26.53 Prison officers, including the Superintendent, must supervise every aspect of the prison diet system, i.e., issue of rations, management of kitchens and distribution of food. 26.54 There should be a separate kitchen for women prisoners. 26.55 Women prisoners should not be allowed to have their own mini kitchens inside the prison barra cks. 26.56 Clean drinking water should be supplied to prisoners and it should be tested periodica lly. Scale of Diet 26.57 State Government shall la y down dietary scales for women prisoners keeping in view their calorie requirements as per medica l norms. The diet sha ll be in accor dance with the prevailing dietary preferences and ta stes of the local area in which the prison is loca ted. Prisoner to Receive Diet According to Scale 26.58 Every prisoner sha ll be entitled to receive every day food a t prescribed times and accor ding to the scale laid down. 26.59 The State Government ma y, at any time, va ry either temporarily or permanently, the scale laid down in the Prison Manual of the respective sta te, provided reasons for doing that ar e recorded in writing by the authorities concerned. Special Extra Diet on Medical Grounds 26.60 Wher e the lady Medical Officer, for reasons of health, considers the prescribed diet to be unsuit able or insufficient for a women prisoner, or her child, she may order in wr iting a special diet or extra diet, for a specific period of time. Special considera tion shall be given in this r egard to pregnant/ nursing prisoners. 26.61 Rules relating to diet of prisoners, those on specific medical advice for expectant and nursing mothers, and infants and children, shall be scrupulously observed. Clothing 26.62 Women prisoners sentenced to six months imprisonment or below should be issued two sarees, two blouses, two petticoats, a towel and two sets of customary undergarments. 26.63 Women prisoners sentenced to more than six months of imprisonment should be issued three sar ees, three petticoats, three blouses, two towels and three sets of customary undergarments. 26.64 The clothing requir ements provided above may be prescribed by each State in accordance with the prevailing climate and cultura l norms. Adequate warm clothings, according to local conditions and change of seasons, shall also be provided. 26.65 Children allowed to stay with women prisoners should be given su itable clothing simila r to what is normally used by children in the local community. 26.66 Every women prison should maintain a repair unit where pr isoner's clothing can be repaired. 26.67 Sterilised sanitary pads should be issued to women prisoners as per their requirements. 26.68 Clot hing of prisoners should be st erilised at government cost once in t wo months. Prisoners should be allowed to get t heir clothes wa shed through prison la undries at their own cost. 26.69 All clothing shall be clea ned and kept in a proper condition. Underclothing shall be changed and washed as often as necessary for maint enance of hygiene. Bedding 26.70 Every woman prisoner shall be provided with a sleeping berth and sufficient bedding in accordance with local standar ds and climatic conditions. These shall be clean when issued, kept in good or der, and changed often enough to ensure their cleanliness. 26.71 Women prisoners should be given one pillow with pillow cover and woolen blankets a ccording to climatic conditions. - 177 -Ex-595/2017 26.72 Women prisoners sha ll be provided two cotton sheets for every six months. 26.73 All articles of prisoner's b edding, clothing and other equipment should be inspected by a women officer at least once a week to ensure tha t proper standa rds are maintained. Accommodation 26.74 There should be four types of living accommodation: (a) Barra cks with accommodation for 20 women prisoners. (b) Dormit ory accommodation for four to six women prisoners each. (c ) Single room accommodation for women prisoners needing pr ivacy for pursuing studies. (d) Cells for segregation of women prisoners for the purpose of secur ity and punishment. 26.75 All accommodation provided for women pr isoners, and in particular all sleeping accommodation, shall meet basic requirements of health. Due regard being paid to climatic conditions, the cubic cont ent of a ir, minimum floor-space, lighting and ventilation. 26.76 Prisoners kept in dormitories shall be carefully selected, so that they ar e able to adjust with one another in those conditions. There shall be regular supervision by night, in keeping with the natur e of the institution. 26.77 Sleeping berths in the women's ba rracks shall not be at a height beyond the comfortable reach of women pr isoners. 26.78 There should be sufficient number of toilets and that should be mainta ined in a clean and decent state. 26.79 Wher e women prisoners they are r equired to live or wor k, the windows shall be large enough to enable the prisoners to read or work by natural light. The place should be sufficiently ventilated to allow the entrance of fresh air. 26.80 Sufficient a rtificial light too shall be provided for the prisoners to r ead or work. 26.81 Adequate number of baths a nd showers shall be pr ovided so that every prisoner may have a bath or shower at a temperature suitable for the clima te, as frequently as may be necessar y, for maintaining general hygiene according to season and climate. 26.82 All parts of the institution, regularly used by prisoners, shall be properly maintained and kept scrupulously clean a t all times. Cleanliness of Women Enclosure 26.83 All parts of the women's enclosure in a prison shall be properly mainta ined and kept scrupulously clean at all times. 26.84 No menial duties, or conservancy work, connected with t he women's enclosure shall be carried out by the women prisoners. Specific staff for this purpose shall be employed. Personal Hygiene 26.85 Women prisoners shall be required to keep their persons clean, and to this end they shall be provided with toilet ar ticles, inclu ding sa nitar y towels, necess ar y for ma intaining health and cleanliness. Sufficient water sha ll also be made a vailable for t he use of women prisoners and their childr en, and t hose prisoners, in par ticular, who are involved in cooking and those who are pregnant, breastfeeding or menstruating. 26.86 A woman prisoner's hair shall not be cut without her consent. However if, on account of vermin or dirt, the lady Medical Officer deems cutting of hair necessary on the ground of health and cleanliness. Even then it shall not be cut a ny shor ter tha n required. Amenities 26.87 All valuable ornaments should be removed from women in custody and should be safely deposited. They should be per mitted to reta in their manga l sutra , plastic bangles and toe-rings. - 178 - Ex-595/2017 26.88 Clothing a nd linen provided to women should include undergarments, upper and other clothes, towels and socks in cold climates. Adequate qua ntity of toilet and washing soap should be provided to them. A sachet of shampoo may be provided to women prisoners on a weekly ba sis. 26.89 Each adult woman prisoner shall be supplied suitable number of sanit ary napkins for use during menstruation. 26.90 Women prisoners shall be provided kumkum accor ding to their custom, sufficient quantity of hair oil and a comb. 26.91 Sufficient number of looking gla sses should be fitted in their barra cks. At least one looking mirror (1.6 feet x 3.0 feet) should be installed in the barrack. Interview 26.92 The number of interviews for convict s and under trial prisoners should be liberalized in the case of women. Women prisoners’ contact with their families, including their children, their children’s guar dians a nd legal representatives shall be encouraged and facilitated by all reasonable means. Wher e possible, measures shall be taken to counterbalance disadvantages faced by women deta ined in institutions located far from their homes. 26.93 Every women prisoner shall be allowed, assisted and encouraged to write a letter and have interview with her relatives/neighbours once a week during her term of imprisonment. A senior female officer in charge of interviews should be r esponsible for grant of interviews as per rules. In view of women prisoners? disproportionate experience of domestic violence, they shall be properly cons ulted as to who, including which family members, is to be allowed to visit them. 26.94 Visits involving children should take place in an envir onment that is conducive to a positive visiting experience for the visiting children, including with r egard to staff attitudes, and should allow open cont act between mother and child. Where possible, visits involving extended contact with children should be encoura ged. 26.95 The prison inmates shall be affor ded opportunity as prescribed in the rules, to have reasonable cont act including visits, telephone contact, electronic communication cont act, interviews thr ough video-confer encing and correspondence with the family inside the prison. 26.96 There should be no limit on incoming letters for women prisoners. 26.97 Illiterate or semi-illitera te prisoners should be provided help in writing letters. 26.98 A waiting r oom for visitors should be pr ovided at each prison for women. 26. 99 Every newly admitted pr isoner shall be allowed facilit ies for seeing or communicating with her relatives/friends/legal advisors, with a view to preparation of an appeal or revision petition or for procuring ba il. She shall be allowed to have int erviews with, or write letters to, her relatives more often, if the Superintendent cons iders it necessary, to enable her to arrange for the mana gement of her property and other family affa irs. 26.100 In ca se, close relatives of women a re detained in the sa me prison, interview of both shall be facilitated by the Deputy Superintendent between the two gates in presence of Jailer / Assist. Superintendent, once a week. Books 26.101 Every institution shall have a separate librar y and a reading room for women with both r ecreational and instructional books. Prisoners shall be encouraged to ma ke full use of these facilities. Religious Books 26.102 A woman prisoner shall be allowed to keep, at a time, up to five books with her. The rest riction on the number of t he books is on account of administrative convenience only (i.e. considera tion of space per prisoner) and not for any other reason. - 179 -Ex-595/2017 Educa tion 26.103 Every woma n prisoner should be offered a suita ble educational programme during her sta y in prison to improve her employment prospects. Education shall be a compulsor y activity in prisons for at least one-hour every da y. It shall aim to enhance their fu nctiona l capability. Every pr ison should organise adult education, social, moral and health education, family welfare programmes, and training in various skills for making women self-reliant. For interest ed prisoners, a ppropriate facilities for formal and a dvanced education shall also be provided. Recreational and Cultural Programmes 26.104 Recreationa l progr ammes should be or ganised for women prisoners which may include simple outdoor games, bha jans, music, folk dances, dr ama, TV, radio and film shows. Women prisoners shall be provided facilities for meditation and yoga for stress management and for improving their mental and physical health. Vocational Training 26.105 Vocational training progr amme should be designed to suit the needs of prisoners sentenced to short, medium and long term imprisonment. As far as possible women prisoners shall be impa rted training suited to their aptitude and ba ckground, making them economically self-reliant. The selection of vocational programmes shall be made in accor dance with the marketability and profitabilit y of the product, enhancing the prisoner's ability to earn their livelihood a fter release. T he wages earned by the women p risoners should be deposited in the bank account of the women inmates. Sufficient work or vocational tra des sha ll be pr ovided to keep prisoners actively employed for a normal working day. These may include: 1. Tailor ing2. Embroidery 3. Needle-craft4. Spinning 5. Handloom6. Weaving 7. Soap making8. Hosiery work 9. Cane and bamboo work10. Candle ma king 11. Toy making12. Pottery 13. Stationery articles14. Local handicrafts 15. Cottage industries16. Gardening 17. Sewing machine repair18. Typing 19. Computer training20. Beautician's work 21. Telephone operation and secretar ial practice22. Agricultural, horticultural, diary projects 23. Poultry24. Sericulture 25. Fishery26. Mushroom cultivation 27. Fruit preservation28. Local projects Labour 26.106 Prisoners shall be paid equitable remuneration for their work and no dispar ity in wages shall accrue on account of gender differences. 26.107 The system should a lso provide tha t a par t of the earnings is set. aside by the administration to cons titute a savings fund to be handed over to the pr isoners on their release. 26.108 Under the system the prisoners shall be allowed to spend at least a part of their earnings on appr oved articles for their own use and to send a part of it to their family. 26.109 Unless medically advised not to work, all prisoners sha ll be engaged in work and activity in the prison, for which they will be paid pr oper wages. - 180 - Ex-595/2017 Health/ Medical Facilities 26.110 Every woman prison shall have a 10 bed hospital for women. Treatment programmes should be properly planned and developed in every woman's prison. At least one and more woman gynecologist and psychiatrist shall be provided. Modern equipments for X-ray, ECG, ultrasound and sonogra phy should be availa ble. 26.111 In addition to the details required to be recorded aft er health scr eening in accordance with Appendix - 2, the health screening of women prisoners shall also include a comprehensive screening to determine primary health care needs, and to determine: (a ) The presence of sexually transmitted diseases or blood-borne diseases; and, depending on risk factors, women prisoners may also be offered testing for HIV, with pre- and post-test counselling; (b) Mental health care needs, including post-traumatic stress disor der and risk of suicide and self- har m; (c ) The reproductive health history of the woman prisoner, including current or recent pregnancies, childbirth and any related reproduct ive hea lth iss ues; (d) The existence of drug dependency; ( e) Sexu al abuse and other for ms of violence that ma y have been su ffered prior to admission. 26.112 Fema le prisoners suffering fr om psychosoma tic and psychological disorders, victims of sexual abuse and those having mental health issues, should get proper counseling and medical treatment. 26.113 The right of women prisoners to medical confidentiality, inclu ding specifica lly the right not to share information and not to undergo screening in relation to their reproductive health histor y, shall be respected at all times. [Rule 8 of the UN Bangkok Rules] 26.114 Women prisoners shall receive education and information about preventive health-car e measures, including on HIV, sexually transmitted diseases a nd other bloodborne diseases, as well as gender- specific health conditions. [Rule 17 of the UN Ba ngkok Rules] Legal Aid 26.115 To ensure access to justice to all, timely lega l aid services should be provided to needy prisoners at State expenses as prescribed by the State Government. Pr ison Administra tion should be assisted by the State/District Legal Service Authority for this purpose through a panel of advocates earma rked for the jails/courts. 26.116 For this purpose, socio-legal counselling cell shall be set up in each institution to be managed by volunteers from a designated law school, school of social work, or a non-governmenta l voluntary agency. Wor k done by students while working in such a cell shall be given academic credit and shall form a part of the student's graded curriculum. 26.117 Assistance of lady members of the district legal aid committee shall be made available to women prisoners to help them with their procedural and lega l problems. 26.118 The practice of fortnightly or weekly nari bandi sabha s (women prisoner's councils) shall be utilised as a modality for orienta tion of, and interact ion with, prisoners a nd for training in pa rticipa tive custodial living. 26.119 In the event existence of sexual abuse or other forms of violence before or during detention is discovered, the woman prisoner shall be informed of her right to seek recourse from judicial authorities. The woman p risoner should be fully infor med of the procedures and st eps involved. I f the woman prisoner agr ees to take legal action, appr opriate staff shall be informed and the case immediately referred to the competent a uthorit y for investiga tion. P rison authorities shall help such women to access legal assistance. 26.120 In such cases, regardless of whether the woman chooses to take legal action, prison authorities shall endea vour to ensure that she has immediate access to specialized psychological suppor t or counselling. - 181 -Ex-595/2017 Fa cilities for For eign Nationals 26.121 Women prisoners, who are foreign nationals, shall be allowed reasonable facilities to communicate with their diplomatic and consula r representatives. Those who are nationals of other cou ntries, or refugees, shall be allowed similar facilities to communicate with any agency whose task is to protect such persons. Premature Release 26.122 In line with gender-sensitive management policy, a liberal approach would be allowed while determining cases of p rematur e release of women prisoners par ticular ly in cases where she has been the sole breadwinner, or where no surr ogate care is possible for the dependents of women prisoners. As far as possible, expectant mothers may be release on suspended sentences, or otherwise, to avoid delivery of their child inside the prison. Probation of Offenders Act, 1958 26.123 Probation of Offenders Act, 1958, shall be extensively used in case of women offenders to provide suit able non-institutiona l corr ective treatment to them. 26.124 The probation system should be strengthened in close coordination with the judiciary. Proba tion Services should be brought under the administrative control of the Directora te of Pr isons only. Transfer of Women Convicts for Release 26.125 Every woman confined in a prison other than that of the district of her residence, shall be transferred to s uch prison in the district of her residence 10 days befor e her r elease. The sanction of Inspector General of P risons for such transfers within the State sha ll not be required. Release of Women Prisoners 26.126 Before a woman prisoner is released, sufficient a dvance notice shall be given to her relatives or friends to be present at the prison and receive her. If no relative appears on the day of her release, she shall be sent t o her home under the charge of female escor t. The Jailer shall r ecord in her report book about a rrangements made for the safe release and escort of woman pr isoner to her home. After care, Rehabilitation and Follow-up 26.127 Pr ison a uthor it ies sha ll utilize op tions such a s home leave, open p risons, halfway houses a nd community-ba sed programmes and services to the ma ximum possible extent for women prisoners, to ease their transition from prison to liberty, to reduce stigma and to re-establish their contact with their families at t he ea rliest pos sible st age. 26.128 Prison authorities, in cooperation with probation and/or social welfare services, local community groups and non-governmental orga nizations, sha ll design and implement comprehensive pre- and post-release reintegration progra mmes which take into account the gender-specific needs of women. After care services/ programmes should include all kinds of help which could result in proper readjustment of the r eleased women prisoners in the society. 26.129 Women prisoners willing to get mar ried after their release should be rendered all necessary help. 26.130 There shall be at least one designated volunta ry orga nization in ea ch district to which the wor k of extending help to a released prisoner could be entrusted. 26.131 The approved representatives of such agencies sha ll have necessary access to the institutions and to women prisoners, and shall be taken into confidence from the start of their sentences. 26.132 It is desira ble tha t the a ctivities of such agencies are centra lly monitored a nd coor dinated in order to secu re the b est use of their services. 26.133 After-care of women prisoners, discharged from prisons and allied institutions, should be the statutory function of the Department of Pr isons a nd Corr ectiona l Services. - 182 - Ex-595/2017 26.134 There should be women staff in the aftercare and follow-up units in the headquarters of the Depa rtment of Prisons and Correctional Services in each State. 26.135 Woma n Proba tion Officers should be in charge of after-care and follow-up work. 26.136 The after-ca re and follow-u p unit should evolve an objective method of assessing the post -release needs of women prisoners. 26.137 Restriction on employment of women released from prisons in government or public service undertakings should be removed by suitable amendment of the rules. Linkages wit h Outside Welf are Agencies 26.138 Prison refor ms can be achieved thr ough pa rticipation of the Government, private enterprises and non-profit organisa tions who could collect ively facilita te implementation of va rious processes and systems to encourage prison industries. The representatives from other districts and other prisons in the State, r epr esenta tive from the industry, r epr esenta tive fr om NGOs for tra ining and skill development can be consider ed as members of the Jail industry Board. 26.139 The Superintendent of Prison sha ll esta blish a functional linkage and co-op erational relation with a select group of social act ivists/N.G.Os serving and taking up the cause of women in general and women offenders in particular, so that the prison administration and the N.G.Os can t ogether wage a war against socia l stigma attached to women in custody. As this is a battle t o be fought mor e in minds than in fields, frequent seminars/symposia shall be conducted to elaborate on the need of after-release rehabilitation of women offenders, and to create a favoura ble public opinion. 26.140 Comprehensive, intensive and incessa nt cou nseling of women offender s and members of their families shall be carried out by these groups of social activists/N.G.Os to preempt/overcome the aversion of the society to women prisoners, which otherwise might deter and derail pr oper rehabilitation of women in custody. 26.141 Counselling programmes should focus on the emotional and psychological issues of women prisoners, particularly for those who have been victims of domestic violence, sexual abuse and substance abuse. T he counselling programmes should: (i) help address any mental health issues tha t she ma y be su ffering from and suggest effective coping strategies, (ii) facilitate her re-integr a tion into society aft er release; (ii) focus on removing any further damaging impact that imprisonment could have on women inmates, and seek to enhance self-worth, autonomy and self-efficacy. 26.142 Special programmes may be initiated to address underlying factor s that lead to crimina l behavior, for instance, separate progra mmes a ddressing substance addiction-related iss ues. 26.143 The literacy and vocational training for women offenders shall be conducted in such a manner that it: i) endows woman inmates with professiona l capabilities and expertise in one, or mor e than one, voca tion, so as to enable them to earn a living and lead a self-supporting life aft er release; ii) eradicate the poverty-crime nexus; iii) empower women to ma ke positive lifestyle changes within the context of education, support and r ecover y. Special programmes should be initiated for women prisoners with physical or mental disabilit ies. The pr ogr ammes should also involve impa rting life skill-ba sed educa tion, a nd dissemina ting infor ma tion about preventive health care measures, including prevention fr om HIV, sexually transmitted diseases and other bloodborne diseases, as well as gender-specific health conditions. 26.144 Arra ngements for public display of the product s made by the women prisoners will boost their mor ale, instil confidence into them, and rekindle the flames of hope for a normal life at lar ge. Moreover, it will pave the way for the much needed social awar eness, supportive and sympathetic to t he women living behind the bars. - 183 -Ex-595/2017 Prisoners suffering from mental illnesses 26.145 Women who a re found menta lly ill shall not be detained in pr ison. Arrangements shall be made for the removal to mental homes/institutions for mentally ill prisoners who happen to be admitted in prisons. 26.146 When transferring a menta lly ill woman prisoner to a mental home and back to the prison, a female warder sha ll accompany the police escort, provided to such prisoner, wherever possible. The families of such prisoners sha ll be traced and informed of the prisoners' whereabouts and healt h status. 26.147 Steps shall be taken, by ar rangement with the appropriate agencies, to ensure the cont inuation of psychiatric treatment after release and provisions of social psychiatric after-care, wherever it is deemed necessary. Prison Discipline 26.148 Discipline and or der shall be maintained with firmness but with no more restrict ion tha n is necessary for safe custody and well or dered institutional life. 26.149 No woman pr isoner shall be punished in the prison untill she has been infor med of the offence alleged aga inst her and given pr oper opportunity of p resenting her defence. The competent authority shall condu ct a thorough investigation of the case before awarding punishment. 26.150 Prison offences and indiscipline may be dealt with in the manner provided in Chapter XXI (Pr ison Discipline) subject to the following conditions: (i) Punishment by clos e confinement or disciplinary segregation shall not be applied t o pregnant women, women with infants and breastfeeding mothers in prison. (ii) Disciplinar y sanct ions for women prisoners shall not include a prohibition of family contact, especially with children. (iii) Instruments of restraint shall never be used on women during labour, during birth and immediately aft er bir th. Requests and Complaints 26.151 During the weekly parades, every woman prisoner shall have an opportunity of making requests/ complaints to the S uperint endent who in turn, shall promptly deal with such complaint s/requests. 26.152 A complaint box sha ll be fixed at a prominent pla ce in t he woman's enclosure which sha ll be opened in the presence of the Superintendent a t least twice a week. Every complaint or r equest found in it shall be registered and pr operly dealt with and replied to without undue delay. The prison social welfare and legal aid counseling staff, or literate prisoner s, shall be utilized to assist illiterate prisoners in recording their complaints. All such complaints shall be received and ta ckled in an understanding manner without the risk of retribution to the complainant. Women pr isoners who report abuse shall be provided immediate protection, support and counseling and their claims s hall be investigated by competent and independent authorities, with full respect for the pr inciple of confidentia lity. Protection measures shall ta ke into account specifically the risks of r etaliation. 26.153 Appr opriate guidance and assista nce should be given to women prisoners for filing compla ints aga inst sexual ha rassment with the interna l complaints committee cons tituted under the Sexual Hara ssment of Women at Workplace (Pr evention, Prohibition and Redressal) Act, 2013. 26.154 The Board of Visitors sha ll monitor the condit ions of detention and treatment of women prisoners in particular. Women Personnel 26.155 In a prison for convicted women prisoners there shall be one post of a la dy Superintendent. 26.156 The woman's enclos ures attached to the sub-prisons and distr ict prisons shall be in the charge of a la dy Deputy/Assist ant Jailer. They will be assisted by a fema le Chief Head Warder, Head Wa rder and female Wa rders. - 184 - Ex-595/2017 26.157 The following officials shall be posted in every prison for women a s p er r ec r u it ment in accordance with the direction of State Government. (i)Lady Superintendent,(ii)Jailer, (iii)Assistant Jailer,(iv) Chief Welfare Officer, (v)Welfare Officer,(vi) Law Offic er, (vii) Proba tion Officer,(viii) Chief Head Wa rder, (ix)Hea d Warder,(x)Warder/Matrons, (xi)Teachers,(xii) Instructors, (xiii) Psychiatrist,(xiiv) Doctor, specially gynecologist, (xv) Clerks,(xvi) Aft erca re Officer, and (xvii) Warders. Lady DIG at the headquarter 26.158 There shall be one post of lady DIG attached t o the prison Department's Headquarters to look a fter women prisons, women prison staff and women prisoners. Inquiries pertaining t o women prisoners shall be conducted by the lady DIG, who shall submit her finding to the Inspector General of Prisons with her recommendations. Terms of Service and Training 26.159 Women warders and all other women prison officer s shall be provided, basic initial tr aining, in- service tra ining a nd refresher courses t o keep them in touch with contempora ry developments in the field of their work. 26.160 Every woman member of prison staff shall be provided training in Human Rights and var ious aspects of correctional work. 26.161 All promotions up t o the level of Jailer should be made subject to a pre-promotional qualifying examination. All those who qualify in this examination should be eligible for promotion to the next higher post. 26.162 Physical fit ness and psychological tests s hould be essential prerequisites for direct recruitment. 26.163 All new recruits should be given basic initial in-service tra ining. Officer s and staff on deputa tion should be put through short dura tion or ientation cour ses. 26.164 Adequate tr aining r eserve should be provided in each ca dre of the prison service. 26.165 Basic initial training, in-service training, refr esher courses should be organized by the training institutions for various categories of personnel. Other facilities for Women Staff 26.166 Study teams of senior women officers should be deputed to visit prison institutions in var ious states in t he country as also those in other countr ies. 26.167 Staff meetings and confer ences should be regularly held. 26.168 A welfare fund should be establis hed in each State. 26.169 Proper forum should be provided a t the institutional and state levels for women prison staff to vent ilate their grievances. 26.170 In case of death of a women prison staff in la wful dis charge of her duties, a lump-sum of Rs. 2 lakh should be pa id to her survivors/ family. 26.171 All good wor k done by women prison personnel should be given proper publicity a nd should be highlighted through the media. 26.172 Residential quarters should be provided to all members of the women prison. 26.173 Adequate leave-reserve should be provided while fixing staffing norms. 26.174 Every member of the women staff shall be allowed a da y off once a week. 26.175 Women prison personnel should be paid s alaries and allowances at par with t hose of equiva lent ranks in the police department. - 185 -Ex-595/2017 26.176 Every direct recruit in service should have opportunities of at least three promotions during the span of her car eer. 26.177 Proper forum should be provided at the prisons, a nd the state level, for women prison personnel to ventilate their pr oblems grievances common to t hem. Creche and Canteen Facilities to Staff 26.178 Some prison female staff should be given special training in t he mana gement of canteen and such officials should be put in charge of supervising the canteen. 26.179 Fema le staff shall be provided services of creche for proper care of their young children while they are on du ty. 26.180 Canteen facilities should be made availa ble. 26.181 Fema le prison staff shall be allowed the option to take their meals during duty hours with prisoners free of cost. Escorting of Women Prisoners 26.182 The matron / female Head warder shall escort ever y female prisoner leaving the women's enclos ure, and shall r emain with the prisoner until the prisoner returns to the enclosure. S he shall accompany the female p risoner under transfer. Wher ever necessary, services of women police will be utilized for escort duty with due r egard to secur ity considerations. 26.183 Sepa rate escort vans for escorting women prisoners shall be made availa ble. Matrons or Women Warders not to allow a Male to Enter Woman Enclosure 26.184 The matrons or women warder shall not a llow any male prison officer, or ma le prisoner, to enter the women's enclosure without proper author ity. If any ma le prison officer / warder / prisoner, without proper authority, a t any time enters, or attempts to enter, any ward or portion of the prison reserved for occupation by female prisoners, the Matron/Wa rder shall make a report forthwith to the Deputy Superintendent/ S uperint endent of Prison. Matron or Female Head Warder not to Communicate with Male Prisoners 26.185 No matron / female Head warder shall a t any time, and on a ny pr etext , hold any interview or communicate/interact in any way, with any male pr isoner or visit any pa rt of the prison allotted, reserved for, or occupied by male prisoners, except in the discharge of her duties. Keys of Woman's Enclosure 26.186 The matron or the woman warder shall have custody of t he keys of the wards and enclosures in which female prisoners are confined during the day. Aft er the locking up, she shall deliver the keys to the Lady Deputy/Assistant Jailer who shall lock them up in the key chest. The Lady Depu ty/ Assistant Superintendent shall hand over the keys again to the matron or female Head warder in the morning at the time of unlocking. Chapter XXVII YOUNG OFFENDERS Guiding princip les 27.01 Young persons a re impr ess ionable. A young offender of toda y can be a ha rdened r ecidivist of tomorrow. S uch offenders can be r eclaimed as useful citizens and can have better pr ospects for being re-educated to a socially useful way of life. A scientific and progressive approach needs to be adopted if these offenders are to be saved from the damaging and traumatic experiences of incarceration. - 186 - Ex-595/2017 27.02 As far as possible, young offenders should not be kept in institutions meant for adult a nd habitual offenders. 27.03 Institutions for young offenders should be so classified that diverse training pr ogrammes, designed to s uit each homogeneous gr oup, can be conveniently organised. Training and Treatment 27.04 Special emphasis should be given on a studied evaluation of individual offender's personality and careful planning of training and treatment progra mmes, to suit the needs of each inmate. Training and treatment shall include education, wor k and vocational training, recreational a nd cult ural activities, discipline, case-work approach, group work activities, group guidance, individual guidance, counselling, character building, periodical review, release planning, pre-release preparation, after-care on a comprehensive basis, and follow-up study. The personal influence of the members of the prison staff will have considerable bearing on the reformation of young offenders. Non-Institutiona lised Treatment 27.05 It is necessary to save the young offenders from evils of incarceration. Non-custodia l treatment for young offenders should be preferred t o imprisonment. Under ment ioned pr ocess should be followed for young offenders: ( A) When any young offender is found guilty and is likely to be punished with imprisonment not exceeding one year, the cou rt should take recourse to any of the following non-custodial measures: (i ) Release on admission (ii ) Release on taking a bond of good conduct, with or without conditions from the young offenders and from parents/guardians/appr oved voluntar y agencies. (iii) Release on probation under the Pr obation of Offenders Act on any of the following conditions:- (a ) cont inuation of education/ vocational tr aining/employment; (b) obta ining guidance from pr obation officer /teacher/counselor: (c ) getting wor k experience in work camps during week-ends and on holidays; (d) doing useful wor k in work centers (agricultural farms, forest ry, housing projects, road projects and apprenticeship in work-shops.) ( e) Young offenders released on probation shall be kept under constant supervision. Not e:Suitable cases of young offenders likely to be sentenced to periods above one year of imprisonment should also, as far as possible, be processed through the above-mentioned noninstitutional approach. Young offenders should be sent to prison only as a last resort. (B)(i) Young offenders involved in minor violations should not be kept in police custody. Instead, they should be kept with their families/guardia ns/appr oved voluntary agencies on the underta king that they will be produced befor e the police, a s and when required, for investigation. (ii) Young offenders involved in serious offences, while in police custody, should be kept sepa rate from adult crimina ls and the police custody should be only for the minimum period r equired for investigation. (iii) The investigation of cases of young offenders must be expeditiously completed. (iv) Bail should be liberally gr anted in cases of young offenders. (v) When it is not possible to release a young offender on bail, he should be kept in a Reception Centre /Kishore Sadan/Yuva Sadan during the pendency of his tr ial. (vi) In case it becomes necessary to keep young offenders in a sub-prison during invest igation and tria l, it should be ensured that they do not come in contact with adult criminals there. Reception Centres/Reception Units 27.06 There should be separ ate institutions for young offender s, to be ca lled Recept ion Centres a nd Kishore/Yuva Sadans. There should be separ ate Reception C entres for young female offenders. - 187 -Ex-595/2017 27.07 Reception Centres should be organised at district or r egional level as per the r equirements of State to provide safe custody for young offenders, who cannot be released on bail or proba tion for their initial classification and subsequent placement. Not e:The period of detention in a Reception Centre should b e from two to eight weeks. It should not exceed eight weeks. 27.08 Young offenders sentenced to periods of imprisonment of six months and above should be collected at t he Recep tion Centres/Reception Units Note: State having a large number of prisoners under admission on a regular basis should establish separate institutions as reception centers. When is not practicable, to set up a reception centre part of an institution for young offenders should be earma rked as reception centre. 27.09 Programmes in the r eception center/reception unit should consist of: (a) Admission, quarantine and orienta tion (b) Study and evaluation of individua l offender's personality. Note: Inmates admitted in the reception centres should be studied by a team consisting of Correctional Administrators, Sociologists, Psychologists and Social-Case Workers. Whenever necessary, the inmate may be referred to a psychiatr ist. (c) Initial classification 27.10 After initial classification is over, the inmate should be tr ansferr ed to a suitable institution. The Superintendent in charge of the reception centre/reception unit will only indicate the lines of training and treatment. The discretion as to how to implement the suggestions given by the reception center, and also to ma ke necessary modifica tions t herein, rests with the Superintendent in charge of the institution where the inmate has been t ransfer red. Annexes for young offenders 27.11 Each Central/District Prison should have an annexe for young offenders. Young offenders sentenced to periods of impr isonment up to six months ma y be kept in this annexe. Reception Center and KishoreYuva Sadan 27.12 Kishore Yuva Sadans should be categorised on the following lines:- (a ) An institution recognised as an approved Kishore Yuva Sa dan by the State Government (i) a hostel r un by Government; (ii) a hostel run by a voluntary agency; (iii) a hostel of an Industrial Training Institute; (iv) a hostel of an Agricultural School. (b) Open Kishore Yuva S adan (c ) Semi-open Kishore Yuva Sa dan. (d) Special Kishore Yuva Sadan (medium security institution). 27.13 The following treatment should be given to young offenders a t Reception Centre/Kishore Yuva Sadan: (i ) Initial admission. (ii ) A system of proper custody and positive, constructive a nd firm discipline. (iii) Care and welfare of inmates. (iv) Basic segregation according to requirements. (v) Attending to immediate and urgent needs and pr oblems of inmates. (vi) Orientation to institutional life. (vii) Study of the individual offender—History taking, case-recording, test s and observation. (viii) Scientific classification. (ix) Attending t o long-term needs of inmates like education and vocationa l training. - 188 - Ex-595/2017 (x) Inma tes shall be pr operly assessed both a t the time of a dmission and regularly thereafter, with the specific objective of looking into their criminogenic fact ors and providing help to enable them to lead a lawabiding a nd socia lly productive life after release. (xi) Guida nce, cou nselling and support. (xii) Relea se planning. (xiii) After-care. (xiv) Follow-up. 27.14 Use should be made of resou rces of the community and outside agencies in providing such treatment. The personal influence of prison personnel will play a very positive role in this process. 27.15 Initially, all young offenders, offering good prognosis, may be kept in institutions recognised as appr oved Kishore Yuva S adans or in semi-open Kis hore Yuva Sada ns. Later, on the basis of their responses to training and tr eatment, suitable young offenders should be transferred to Open Kishore Yuva Sadans. Difficult, disciplinary and problem cases, and escape risks, should be sent to s pecial Kishore/Yuva Sa dans. In due course, a fter observing their responses to institutional programme, these young offenders may be transferred to semi-open Kishore Yuva Sadans and later to open Kishore Yuvas Sada ns. By adopting this approach many young offender s can be spared the bad experience of living with hardened crimina ls in closed institutions. 27.16 Decisions a bout placement of young offenders in the diversified Kishore Yuva Sadans should be taken by the classifica tion committee which may comprise tr ained and experienced cor rectional adminis t r a t or s . 27.17 Young offenders should be sent to specia l Kishore Yuva Sadans as a last resort. 27.18 At each institution there should be a Review Board consisting of the following: (i ) The District Judge Chairman (ii ) Two Members of the State Legislature (iii) The District Magist rate (iv) The Superintendent of Police (v) The District Medical Officer/Civil Surgeon/Medical Superintendent of the Government Hospital (vi) T he Deputy Director of Correctional Services (Young Offenders) (vii) Two social workers interested in the welfare of young offenders (viii) The District Education Officer (ix) The Prison Welfare Officer (ix) The Superint endent of the Kishore Yuva Sadan Member-secretary 27.19 The Review Boar d should meet once in every two months to examine the case of ea ch young offender. T he Review Boar d will review the cases fr om the point of view of the progress a nd resp onse of young offenders. The Review Board must decide the case of every young offender as to whether it is necessary to continue him under institutiona l treatment. In suitable cases, the question of his conditional release on license should also be examined. The members of the R eview Board should visit the Kishore Yuva Sadan to see that the care and welfare of inmates are properly attended to. In deserving cases, even such young offenders should be conditionally released on license. However, a young offender, in whose case prognosis is not fa vourable, should be transferred to a suitable prison. Only such young offenders, as are intractable, violent, psychopaths and hardened or dangerous criminals, should be transferred to prisons. 27.20 The problem of young offenders, who are sentenced to imprisonment for periods above 5 years, will have to be consider ed in a differ ent perspective. In deserving cases, even such young offenders should be conditionally released on license. However, a young offender, in whose case prognosis is not favourable, should be transferred to a suitable prison. Only such young offenders, as are intractable, violent, psychopaths and hardened or dangerous criminals, should be transferred to prisons. 27.21 Specially selected and adequately tra ined personnel should be made ava ilable for implementing various programmes for young offenders. - 189 -Ex-595/2017 Staff Organisation 27.22 At the headquarters of the Department of Prisons a separ ate wing should be created under a senior officer of the rank of Dy. Director of Correctional S ervices for dealing with the problems of young offenders. In so far as t he work of treatment and training of young offenders is concerned, he shall work independently. However, for purposes of co-ordination and integration with other wings of the Depa rtment, he sha ll be under the control of the Head of the P risons Department. 27.23 The following staff should be provided at institutions for young offenders: (a) Principal. (b) Senior Vice-Principal. (c) Vice-P rincipal. (d) House Master Grade I. (e) House Master Grade II. (f ) Chief Supervisor. (g) Senior Supervisor. (h) Supervisor. (i) Psychologist. (j) Psychiatr ic social wor kers/case-wor kers. (k) Staff for education, physical training, vocational training, industrial training and agricultural training. (l) Staff for medical and psychiatric care. (m) Ministerial, accounts, and other staff. (n) Security Staff. House system 27.24 There should be a House system for institutions for young offenders. Each House should be under the control and su pervision of a House Master. Normally each House should normally comprise of not more than 40 inmates.Note: Suita ble age groups of offenders should be organised wit hin the Houses. As far as possible each House should have a mixed group. 27.25 The House staff should consist of: House Master, Assistant House Master and Supervisors. House Master and Assistant House Masters can be from among Teachers or Voca tional Teacher s or P.T. and Game Instructors. 27.26 Leaders: Each House should elect three inmate leaders every quarter. These leaders should help the administration in matters like cleanliness, sanitation, distribution of food and in organising games, recreational, and cultural activities. Note: The system of house leaders aims at giving the inmate an opportunity to sha re resp onsibility. 27.27 House Commit tees: Each House should have a House Committee consisting of House st aff members. 27.28 This Committee should meet once a week. T he functions of this Committee shall be:- (a ) To study each inmate individually and understand the various problems presented by him. (b) To assist and advise the Superintendent and the Classification Committee in all matters pertaining to the inma tes. (c ) To gauge inmates' r esponse to training and treatment. (d) To extend help and guidance t o inmates at the individual level. ( e) To look aft er the welfare and discipline of inma tes. (f) To associate the inmate leaders with House problems like sanita tion, hygiene, welfare and planning of recreational and cultural activities. Educa tion 27.29 Educational needs of young offenders must be adequately met. To this end, prison authorities may collaborate with ‘open schools’ for developing educational programmes for young offenders. Special emphasis should be laid on the following a spects in educa tion of young offender s: - - 190 - Ex-595/2017 (a) Physical and health education. (b) Social and mora l education. (c) Literar y education. (d) Voca tional education. (e) Arts and handicrafts education. 27.30 Necessary facilities for the overall educational development of you ng persons should be provided in institutions. The educational programmes s hould be so designed that young offenders of various age groups and intelligence levels can derive benefit fr om them. For illiterate and educationally backward young offenders special educational classes s hould be organised. 27.31 Necessary opportunities for the self-educa tion of young offenders should be provided in the institutions. Those who have the requisite capacity and desire to appear at exa minations condu cted by the State Education Depa rtment or by a University or by any other recognised instit ution should be permitted to do so. Work and Employment 27.32 Young offenders should be taught such crafts, skills a nd voca tions, as would be us eful to them a fter release. 27.33 Young offenders may be employed, by rotation, as assistants in running t he institution's essential services, like sanitation and hygiene, kitchen and ca nteen, laundry and plumbing services. Such engagements should aim a t impa rting vocationa l training to t he inmates in t hese ar eas of work. Vocational Training 27.34 Special emphasis s hould be laid on the vocational training of young offenders in t rades suitable for their rehabilitation in the society. Cultural Activities 27.35 Special emphasis should be given on the cultura l development of young offenders. Pr ogrammes of recr eationa l nature and cultural activities should be so planned as to suit the needs of var ious gr oups of young offenders. The following activities ca n be selected for organising recreational a nd cultural programmes: indoor games, outdoor games, gymnastics, athletics, films, music, community and folk dances, dramatics arts and crafts, reading, writing, debating, quiz programmes, sportsmeet, participation in local tournaments a nd matches, excursions and camps, scouting, philately and gardening. Diet 27.36 Adolescence being the age of growth and development, pr oper attention should be given to provide bala nced diet to such prisoners. Discipline 27.37 Special emphasis should be given on the discipline of young offenders. As far as possible, minor offences should be dealt with by withdra wal of concess ions. When this approa ch fails, recourse should be taken to other forms of punishment Pre-release and Release 27.38 Provisions of Chapter XVIII (Premature Release) should be applied for pre-release preparations and release of young offenders. 27.39 At least a fortnight before a young offender is due for release, a letter shall be sent to his relatives/ friends intimating the date of his release and asking them to be present at the prison to receive him after release. As far as possible, young offenders should be handed over after their release - 191 -Ex-595/2017 to t heir relatives, friends or a recognised Aft er-care Agency. If the Principal of the Ins titution or Superintendent of Prison t hinks it necessary, the released young offender may be sent to his home or a fter-ca re agency under the care of a Prison Guar d or a Supervisor. Aftercare and Rehabilitation 27.40 After-car e facilities should be extended as per pr ovisions of Chapter XX (After-care a nd Rehabilitation). Special attention should be given to all aspects of aftercare of young offenders. Programme and Daily Routine 27.41 Programme and daily routine should consist of the following:- (a ) Early morning Preparation for opening. Unlocking according to conditions of visibility. Counting and searching. Leaving the bar rack or cell. Toilet. Prayers and meditation in gr oup. P.T. , drill, individual and group exercises, light Yogasanas, etc., Morning light meal. Educational classes. Vocational training. Bath. Meal and rest. (b ) Afternoon Work. Toilet. Outdoor games or gymnastics. (c ) Evening Wash. Evening meal. Socia l education. Newspapers, books, radio, T.V. Group music, dramatics, educationa l films and other cultural act ivities according to weekly progr amme for each gr oup. Group prayers. Preparation for lock-up. Sear ching and counting. Lock-up.Note: Agricultural work should pr eferably be done in the morning. Inmates engaged in agricultural work should attend the educational and vocational tr aining classes in the afternoon. Details of work and educa tion schedules should be fixed by each institution in accor dance with ava ilable facilities. Programme on Sundays and prison holidays( a ) Morning Toilet. Prayers in gr oup. Morning light meal. General cleaning of barra cks, cells, open spaces etc. Cleaning of equipment. Washing clot hes. Bath. Inspection of equipment. Meal and rest. (b) Afternoon Education films, Gr oup Music, Folk dances, Drama tics. Newspapers, books, radio, games and T V. Toilet. - 192 - Ex-595/2017 (c ) Evening Wash. Evening meal. Preparation for lockup. Sear ching and counting. Lock-up.Note: Subject to the approval of t he Head of the Pr isons Department the Principal/Superintendent is authorised to make necessa ry changes in the daily r outine/programme to suit the needs of the institution. 27.42 Non-institutional approach should be the main thr ust of the programmes for the treatment of young offenders so that they are saved from unhealthy experience of incarcera tion. Where incarcera tion is imperative, young offenders should be exposed for reasonable lengths of time to progra mmes of r e-educa tion, vocationa l training, social adjustment and positive discipline thr ough a diversified system of Kishore Yuva Sadans. Chapter XXVIII INSPECTION OF PRISONS 28.01 Inspections play a n impor tant role in improving the working conditions of prison inmates and pr ison staff. Inspections are an important tool to ensure that the prison staff is operating strictly in accordance with applica ble rules and r egulations and that all recor ds perta ining to matters related to pr ison inmates are mainta ined and updated as per the relevant rules. Inspections are of two types:- (a) Informal Inspection : Informal inspections are to be conducted by every officer of the Prisons Depa rtment of the rank of DIG (Pr isons) and above, as a nd when they visit a prison while discharging their officia l duties. T he visiting officer shall prepa re an informal inspection report containing the following:- (i) Security and lighting ar rangements; (ii) Mess and ca nteen facilit ies; (iii) Vacancy posit ion of s taff; (iv) Medical facilities; (v) Prisoners strength; (vi) All Jail buildings; (vii) Interview with prisoners; (viii) Grievances of prison staff; (ix) Pending references with the prison headquarters; (x) Fema le prisoners a nd infa nts; (xi) Prisoner Ma nagement Software/ Video Conferencing facility; (xii) Any other administra tive issues. (b) Forma l Inspection : Formal inspection shall be carr ied out in detail by an Inspecting Officer (as may be designated by the State Government). The Inspecting Officer should spent minimum of t wo nights and two days at the prison, while carrying out the inspection. The Inspecting Officer should draw a deta iled inspection repor t covering the following:- (i) Comments on the compliance of the observations made/ directions issued by the Inspector General of Prisons on the previous inspection note; (ii) Authorized prison population and a ctual pr ison population; (iii) Vacancy position of staff; (iv) Security and light ing arr angements during day time and night / Gener ator Sets; (v) Jail alarm system; (vi) Mess and Canteen Facilities; - 193 -Ex-595/2017 (vii)Interview facilities for prisoners; (viii) Stor es; (ix)Jail record to be maintained for the prison inma tes; (x)Record relating to parole, furlough, remission and pre-mature release etc.; (xi)Women prisoners a nd infa nts; (xii)Medical facilities; (xiii) Work opportunities in jail; (xiv) Remission system; (xv)Wages to prisoners; (xvi) Library; (xvii) Hygienic condition in bar rack including water and sewerage facilities; (xviii) Recreation facilities/ Sports/ Religious activities/ Spiritual activities; (xix) Jail farms; (xx)Jail Factory/ Workshop; (xxi) Prison panchyat; (xxii) High security ward; (xxiii) High risk prisoners; (xxiv) Computeriza tion/ Video Conferencing facility/ CCTVs etc.; (xxv) Prison staff colony/ War dens Hostel etc.; (xxvi) Interviews with pr ison st aff; (xxvii) Other administrative matters related to pr isons, prisoners and staff. Action Taken Report (ATR) on (i) Grievances Redressa l Meeting, if any; (ii) Canteen Management. 28.02 Every centr al prison, district prison a nd sub-prison/other prison (Women) shall be inspected by a Gazetted Officer twice in a calendar year. At least one such inspection shall be carried out by the officer of the rank of Jail Superintendent. The first inspection shall be carried out in t he month of January/ February on the working of the pr ison for the period fr om 1st of July to 31st of December of t he previous year. T he inspection to be ca rried out in the month of July shall cover the wor king period from 1st Ja nuary to 30th J une of the same year. The r eport of the first inspection shall be submitted by 28th February and the report of the second inspection shall be submitted by the 31st of July every year, to the Inspector General of Prisons for issuing appropriate directions. The Direct or General / Inspector General of Prisons sha ll appoint Ins pecting Officers for different prisons, in adva nce, by 15th January every year. 28.03 The Inspector General of Prisons shall issue directions to the Superint endent of the prison concerned for complying with the observations made by him on the inspection report. The compliance report on the directions issued on the inspection note shall be submitted by the Superintendent Jail concerned before the next inspection is due. The Inspecting Officer sha ll writ e a para graph in his r eport a bout the compliance by/ response of the Jail S uperintendent on the points ra ised/ observations made in the previous inspection report. 28.04 The Inspector General of Prisons or any other officer of the rank of DIG and above from the Prisons Headquarters shall inspect minimum of 25% of the prisons in the State every year. This allotment shall also be done by the Inspector General of Prisons in advance by 15th of January every yea r. - 194 - Ex-595/2017 Chapter XXIX BOARD OF VISITORS 29.01 The State Government sha ll, by notification, constitute a Board of Visitors comprising Official and Non-official members at District and S ub-divis ional level. 29.02 The task of the Board of Visitors shall inclu de:- a ) Monitoring the Cor rectional work in Prisons, with special attention to the degree and qua lity of t raining and the effectiveness of infrastructure/facilities in t he Prisons. b) Suggesting new avenues leading to improvement in correctional work. c ) Going into individual or collective grievances of Prisoners and providing redressal in consultation with the Pr ison a uthorities. 29.03 The Board of Visitors shall comprise the following official members: a ) The District Judge at the Distr ict level, or the Sub-Divisional Judicial Ma gistrate exercising Jurisdiction, at Sub-Division level b) The District Magistr ate, at the District level or Sub-Divisional officer at Sub-Divisional level c ) Distr ict Superintendent of Police d) The Chief Medical Officer of the Health Department, at the District level or the Sub-Divisional Medical Officer at Sub-Division level e ) The Executive Engineer, PWD at the District level, or Assistant Engineer PWD at Sub-Divisional level f) The District Educa tion Officer dealing with literacy programmes. g) Distr ict Social Welfare Officer h) District Employment Officer i) District Agricultural Officer j) District Industrial Officer The Board shall ma ke at least one visit per quarter a nd for this purpose, presence of three members and the cha irman shall constitute quorum. 29.04 The Board of Visitors sha ll also comprise the following Non-Officia l Members:- a ) Three Members of t he Legislative Assembly of the state of which one should be a woman. b) A nominee of the State Huma n Right s Commission c ) Two social workers of the District/Sub-D ivision; one of them shall be a woma n having an interest in the administration of prisons and welfare of prisoners. 29.05 The District Judge shall be the Chairman of the Board of visitors at District level a nd the Sub- Divisional Judicial Magistrate shall be the Chairma n at Sub-Division level. The Non-official visitors after their appointment must be sensitised and trained about their duties, r oles and responsibilit ies. 29.06 The Board of Visitors shall meet in the office of the Superintendent of prisons at least once in every quarter. 29.07 The minute of every meeting of the Boar d of Visitors shall be recorded in the Visitors' Minute Book, and the same shall be forwarded to the Inspector General of Prisons with comments of the Superintendent. A copy of the minutes shall also be dispatched to every member of t he Boar d of Visitors. T he Inspector General of Prisons shall place a copy of the minute of the la st meeting/ meetings of the Boa rd of Visitor of all the prisons befor e the State Advisory Board. 29.08 When a non-official member of the Board of Visitors visits a pr ison he shall be accompanied by at least one more member (official or non-official). The Chairman of the Board of Visitor s shall make a monthly r oster of visits to be paid by the members of the Board to the Prison, in consultation with the Superintendent. 29.09 The roster shall be made in such a manner as will envisage at least one visit by a member in every month. 29.10 Every non-official visitor is expected to interest himself in the upkeep of prisoners and visit the prison of which he is a visitor, once a month, and oftener, if possible. 29.11 During visits, a Visitor (Member of the Board of Visit ors) shall enjoy the right to conver se secr etly and separately with any prisoner who is willing to talk to the Visitor. However such separate interaction - 195 -Ex-595/2017 between a Visitor a nd a prisoner shall be held in a place within the pr ison well within sight of a prison officer. The Visitor, immediately after such conversation with a prisoner, shall inform the Chairman of the Boa rd in writing a bout what transpired in the conversation wit h the prisoner. The Chairman, if he thinks it necessa ry, shall take up the matter with the Superintendent of Prison. 29.12 Any observa tions/comments made in the Visitors' Minute Book, by any member of the Board, shall be forthwith brought to the notice of t he Inspector General of Prisons by the Superintendent, a long with his own comments. The copy of the same shall also be sent to the Visitor concerned and the Chairman of the Board of Visit ors. 29.13 The Members of the Board of Visitors shall specially attend to the quality and quantity of Pr ison diet, condition of the kitchen and hospital, ava ilability of medicines, hospital management, medical treatment of the pr isoners, sanit ary arrangements, a spects of voca tiona l tr ainings, literacy pr ogram, and library fa cility for the prisoners. 29.14 The Superintendent shall present before the visiting member/members of the Board of Visitors any paper /document pertaining to correctional wor k, recreation a nd trainings of prisoners, pr ison diets/ medicines, grievances of prisoners and follow redressal of such grievance, if it is sought b y a visiting member of the Board. 29.15 The Superintendent shall not be bound to present any Register/Document/paper pertaining to financial accounts before a member of the Board of Visit ors without wr itten a pproval of the Inspector General of Prisons. 29.16 The Superintendent shall ensure that the prisoners lodging complaints with the visiting member/ members of the Boar d of visitor do not subsequently fall prey to vendetta of the accused or pr ison staff complained against. 29.17 Following any such visits by member/members of the Board of Visitors, the Superintendent shall infor m the Inspector Genera l of Pr ison regarding the details of the visit. 29.18 For the pur pose of a meeting of the Boar d of Visitors One official Visitor a nd two non-official Visitors shall form a quorum. 29.19 A Non-official Member of the Boa rd of Visitors shall hold office for a period of two years from the date his appointment to the Board, and ma y be considered for reappointment. 29.20 The appointing authority may cancel the appointment of a ny non-official visitor for r easons to be recorded in writing. Removal of non-official visitors must not be ar bitrary and should be based on a sound reasoning. In particular, any removal must be made after following principles of natural justice. 29.21 A non-official member of the Boar d of Visitors shall receive a llowances as may be sa nctioned by the government from time to time, for attending meetings of the Board of Visitors. Duties of Visitors 29.22 All Visitors, official and non-official, a t every visit shall: (a ) examine the cooked food; (b) inspect the barracks, wards, work-sheds and other buildings of the prison genera lly; (c ) ascertain whether considerations of hea lth, cleanliness and security are attended to, whether proper mana gement and dis cipline is maintained in every resp ect and whether any prisoner is illegally deta ined, or is detained for undue length of time while awaiting tr ial; (d) examine prison registers a nd records, except secret records and recor ds pertaining t o accounts; (e) hear and attend to all repr esentation and petitions made by or on behalf of the prisoners; (f) direct, if deemed advisable, that any such representation or petition be forwarded to the Government; (g) suggest new avenues for improvement in correctional work. Note: A spare copy of the list of duties of the visitors will be kept at the main gate and handed over to a visitor on the occa sion of his vis it to the prison. Each non-official visitor will be supplied with a copy on his appoint ment. - 196 - Ex-595/2017 Board of Visitors to Records Remarks 29.23 The Board of Visit ors should record their rema rks in the Visitors' Book aft er ever y visit . A cop y of these remarks shall be for warded to the Inspector Genera l who should pa ss such orders as he think necessary. A copy of the Inspector General's order should be sent to the visitor concerned. Visitors to be facilitated 29.24 The Board of Visit ors sha ll be a fforded every facility for observing the state of the prison and the mana gement thereof, and shall be allowed access , under proper regula tions, to all parts of the pr ison and every prisoner confined ther ein. They shall ordinarily not visit high securit y areas unless the instructions in this behalf are given by the Ins pector General of Prisons. 29.25 The Board of Visit ors should have the power to call for and inspect any book, or other record, in the prison unless the Superint endent, for reasons to be recorded in writ ing, declines on the grounds that its product ion is undesira ble. Similarly every visitor should have the right to see any prisoner and to put any question to him out of hea ring of any prison officer. 29.26 Non-official visitors shall not visit prisoners who are not allowed to be interviewed on medical grounds. 29.27 Visits shall not ordinarily be made after prisoners have been locked for the night and on prison holidays. Visit t o High Secur ity Prison District & Session Judge to Visit and Inspect Prisons 29.28 It shall be the dut y of the District & Session Judge to visit a nd inspect high security and other prisons and to satisfy himself tha t all r ules, r egulations, dir ections and orders made or issued to such prisons, are duly observed and enfor ced. Recor d of Inspection 29.29 A record of theresu lt of each visit and inspection made shall be made in a register to be mainta ined by t he Superintendent for this purpose. District & Sessions Judge to Communicate only with the Superintendent of Prisons 29.30 The District & Sessions J udge shall not ordina rily address a ny communication or order to any officer of a ny prison below the Superintendent. All orders issued by the District & Sessions Judge shall be in writing. 29.31 The District & Sess ion Judge's or ders should ordinarily be issued in the form of an entry in the Visitor's Book. The judge is not required to interfere in matters of detail effecting mana gement of a prison. He should refrain fr om any action which ma y tend to weaken the authority of the Superintendent over subordinate prison officers and prisoners. 29.32 If the Distr ict & S ession J udge gives an order to which the Superintendent of P rison or his senior takes exception, the concerned office may represent the matter through the Inspector General (Prisons) to the State Government, but he shall forthwith obey a ny order which is not inconsistent with the Prison Act of the State, or any rule made there under, and does not involve a ny immediate risk or danger. Date of Visit to be Recorded and Copy of Remarks to be sent to Certain Officers 29.33 Every Visit or shall, after he ha s completed his visit to the prison, record in the visitors' book, the date and hour of his visit, and may enter therein any rema rks or suggest ions he may wish to make. 29.34 A copy of the remar ks made by every Visit or, together with Superintendent's reply thereto, or the action taken by the Superintendent thereon, shall be forwarded to the Inspector General. In case the rema rks relate to the long detention of an under-trial prisoner, a copy of such remark shall also be forwarded to the Sessions Judge. - 197 -Ex-595/2017 Disposal of the Remarks Made by a Visitor 29.35 Any remarks made by a Visitor under the preceding section should be limited to a statement and fair crit icism of actua l facts, which may come to his knowledge, a nd to such suggestions, as he may desire the Superint endent or Inspector General to consider. Criticism should be confined to such aspects of the ordinar y administration and management of the prison which, in the opinion of the visitor, can be improved. On no account the visitor should directly or indirectly reflect, either favourably or a dversely, on the chara cter or conduct of any of the prison staff. If the visitor wants to bring to notice the good or bad work of any prison official he should do so by a letter addressed to the Inspector General of Prisons. 29.36 The Inspector General of Prisons may pa ss orders on any rema rks made by a Visitor, and shall, if any issue of importance requires the orders of the Government, forward such record to the State Gover nment. 29.37 A copy of a ny order passed by the Inspector General, or by the State Government on any record made by a Visitor shall be communica ted to the Visitor concerned thr ough the Superintendent of P rison. Chapter XXX STAFF DEVELOPMENT 30.01 A concerted approach towards staff development should be made an integral part of the legal framework that regulates prisons. Correctional work being a specialized field, and a social service of g r ea t imp or t a nce, a ll p os t s in t he dep a r t ment of P r i s ons , ex cep t wh er e s u p p or t ing s t a ff i s r equ i r ed, should be manned by persons belonging to the prison department. Prison Cadre 30.02 The prison personnel should comprise of following staff cadres: i) Ex ecu tive. ii) Custodial/Guarding. iii) Technical: Technical Supervisors and Instructor s borne on prison establishment. iv) Ministerial: From Administrative Officer down to the Lower Division Clerk. v) Class IV Government Servant: As per the nomencla ture in each St ate. 30.03 Cadr e strength of various categories of personnel should be fix ed in accordance with the needs of the department. While fixing the strength of each cadre, care should be taken to see that enough openings for promotions b ecome a vailable to the personnel. With this in view the following ratio for determining cadre strength of va rious posts should be laid down: i) Warders, Head Warders and C hief Head Warders should be in the ratio of 25:5:1 ii) Assistant Jailer a nd Jailer should be in the r atio of 3:1 iii) For Superintendent and Deputy Inspector Gener al of P risons the ratio shou ld be 9:3:1 Recruitment a nd Selections 30.04 There should be an inbuilt mechanism in t he prison depar tment for continuous a nd systematic study of manpower needs, so that there should be a regular int ake of new recr uits in order to mainta in a cont inuous flow of qualified and trained personnel in the department 30.05 In order to maintain the necessar y level of mora le, dis cipline and efficiency of the prison staff, only those persons possessing requisite aptitude and a ttributes should be appointed on various posts in the prison department. 30.06 The r ecruitment of personnel of non-gazetted r anks will be done thr ough the State Uniformed Services Recruitment Boards while recruitment of personnel of gazetted ranks will be through the State P ublic Service Commissions. 30.07 The fundamental requirements for recruitment of the correctional personnel shall b e as under: (a) Physical fitness. - 198 - Ex-595/2017 (b) Capa city for endura nce and hard work. (c ) Cour age, leadership and trust-worthiness. (d) Bala nced personality. ( e) Capa city for man management. (f) Capa city for mainta ining a nd developing constructive and firm discipline. (g) Interest in human welfare, desire to help and guide inmates; belief in the philosophy of correctional treatment. 30.08 Direct entr y into prison service should be restr icted to three levels viz. (a) Warders. (b) Assistant Jailers. (c ) Superintendent, Assistant Director, Cor rectiona l Services. 30.09 Physical fitness and psychologica l tests should be made essential pre-requis ite for direct recruitment at each of the thr ee levels mentioned above. 30.10 F ift y p ercent of the p os ts of As s is t ant Ja iler s a nd Su p erintendents sha ll be f illed b y dir ect r ecr u it ment and the r emaining fifty percent by promotion. 30.11 A directly r ecruited war der /officer should not be placed on job until he successfully completes the prescribed basic initial training. 30.12 Psychologist, social workers / ca se-workers and correctional staff s hould also be r ecruited directly. Note i) The recommendations with r egard to direct recruitment and promotion quota ave been made to ensure that deserving persons, with requisite qualification training, experience, and professional competence, are ava ilable in the service at all levels a nd that they get at least three promotions during the entire span of their service. ii) Promotion to the post of Assistant Jailer will be done on the basis of the following criteria: a ) 50% of promotion quota posts will be filled from among Chief Head Wa rders on merit cum seniority basis. b) The remaining 50% of promotion quota posts will be filled in from among the Warders, and Head Warders who have completed minimum three years of service in the depar tment a long with requisite amount of training and have educational qualifications prescribed for direct recr uitment to the post of Assistant Superintendent. T hey should have good service record and reputation for integrity. They shall be selected on the basis of a written test conducted by the Departmental Pr omotion Commit tee. iii) Similarly the recr uitment for the post of Superintendent of P rison will be made both by direct recr uitment and by promotion on 50:50 ba sis. (iv) Promotions to the post of Superintendent will be made on the basis of the following criteria: a ) 25% of the promotion quota posts will be filled in from among the Deputy Superintendents on the basis of mer it cum seniority and the rema ining 25% promotion quota will be filled in from among the Assistant Superintendents who have completed minimum three years service in the cadr e of Assistant Jailer along with requisite a mount of training and have educational qualifications prescribed for direct recruit ment to the pos t of Superintendent of Pr ison. They must ha ve good service record and reputation for integrity and remar kable performance in the written test conducted by the Departmental Promotion Committee v) Educational qualifications for va rious categories of posts will be pr escribed keeping in view job requirements for each post. vi) Basic initial training, in-service training and refresher courses, prescribed with a view to keep personnel in touch with contemporar y development in the field of their work, shall be given weightage. vii) The general policy as laid down by the State Government regarding the relaxa tion of the upper age limit in case of deserving departmental candidates s hould be followed. - 199 -Ex-595/2017 Creation of National Prison Service Cadre 30.13 With a view to bringing in uniform development of prison personnel in the country and ma king corr ectiona l services an All India Service to be called as Indian P risons, should be constituted by the Union Government under Article 312 of the Constitution of India. Service Conditions 30.14 Personnel assume paramount impor tance in an effective system of correctiona l adminis tration. The conditions of s ervice in the prison department shall be su ch that they attract and reta in the best suit ed persons. 30.15 Secondly, the effectiveness and utilit y of correctional institutions will largely depend upon the level of satisfaction that prevails in the service. A contended staff will be able to implement correctional policies in the proper spirit. Better service conditions will produce better personnel which, in turn, will develop better institutions. Salary and allowances 30.16 Sala ries and other employment benefits should not be arbitra rily fixed but should be related to the work to be performed in a modern correctional system, which is complex and ar duous and is in the nature of an impor tant social service. The cor rectiona l staff should be paid salar ies and allowances at par with those of equivalent ranks in the Police Department. Uniform 30.17 Uniform should be prescribed for all cu stodial and executive staff, including the Inspector General of P risons. Badges of rank for all uniformed ca dres in the prison service should be similar to tha t in the p olice ser vice. Prescription of Uniforms 30.17.1 Pr ison personnel sha ll wear Unifor ms as prescr ibed hereina fter while they a re on duty unless specific unifor ms are made for certain categor ies. 30.17.2 Wor king dress (1 ) C a p :(a ) Khaki Peak cap for those wearing star as rank symbol (b) woollen black Beret cap for gazetted officers (c ) khaki Beret cap for non-gazetted ra nks. (d) woollen cap(cap comforter) for winter season. (2) Head badge :Silver plated mapple leaves wreath with state emblem on top, crossed keys within the wreath and inscription of “ Mizoram Prisons” at the bottom, for all ra nks. (3) Shirt :Khaki Terricotton cloth and Angola cloth, erected collars, full sleeve and half sleeve buttoned shirt, having two breast pockets with three pointed pocket cover and shoulder str aps, for all ra nks. (4) Shoulder Badge :Silver plated inscription of “M.R.J” for all ra nks. (5) Neck- tie :(a ) Black colour Neck-tie for gazetted officers, (b) khaki Neck-t ie for others those who are wearing star as rank symbol. (6) Gorget patches :Black woollen clot h of 3cm wide and 5cm long, one line striped in lengthwise in the middle with white pla ited nylon str ing, fa stened by black button to the colla r of shir t for senior officers not below the r ank of AIG Prisons. (7) Whistle & Cord :(a ) Meta lic whistle for all ra nks, (b) Black whistle cord for gazetted officers (c ) khaki whistle cord for others. (8) Belt :(a ) Brown leather belt 5cm wide with silver plated buckle and the Head-b adge affixed on it for all ra nks. - 200 - Ex-595/2017 (b) Brown leather cross-belt 5cm wide for those wearing Peak-cap. (9) Trouser :(a ) Khaki Terricotton slacks for all r anks (b) Khaki woollen sla cks for all r anks (c) Khaki short pant for PT/Training purposes. (10) Shoe :(a ) Brown derby pattern boot for those wearing Peak-cap. (b) Black leather boot (c ) Hunter Boot (d) Black Lady shoe for lady employees ( e) PT s hoe for PT/Training purposes (11) Socks :Khaki Nylon socks for all ra nks. (12) Woollen Jersey : Khaki woolen Jersey for all ranks (13) Coa t :(a) Khaki woolen Coat, folded collar, shoulder straps, four front pockets with three pointed cover for breast pockets and plain cover for other pockets, four black metallic buttons down the front for gazetted officers. (b) Jacket- khaki _oolen cloth, erected collars, shoulder straps, four front pockets with three pointed cover for breast pockets and plain cover for other pockets, for a ll subor dinate ranks. (14) Great-coat :Woollen Great-coat, erected collar, shoulder straps, two side pockets with its belt. (15) Rain C oat :Khaki Rain-Coat for all r anks (16) Vest :For PT/Training purposes (17) Baton :45cm long br own lea ther coated and silver knob a t both ends for gazetted officers. (18) Other items :Steel Kit box, Blankets, Mosquito net shall also be the uniform items as per sca les p rescr ibed her einaft er. (19) Unit sign :6cmx5cm of s ignal r ed woolen pad with semi-pointed top, pointed shoulder s on both sides and pointed bottom Prison Logo inscribed with gold colour on it, to be worn on left upper arm. (20) Torch Light & : 3 cells Torch light with its batteries for guarding staff and supervising officers. Batter ies 30.17.3Rank symbols : (1) D.I.G.Prisons: Ashoka Pilla r with one sta r worn on shoulders (2) AIG Prisons or: Ashoka Pilla r worn on shoulders Specia l S up erintendent (3) Prison Superintendent : Three stars worn on shoulders (4) Jailer: Three stars with r ed/blue striped ribbon worn on shoulders (5) Assistant Jailer: Two stars with red/blue striped ribbon worn on shoulders (6) Chief War der: One star with red/blue striped ribbon worn on shoulders (7) Head Warder: Three chevrons wor n on the upper arm (8) Driver: Grade-II : Three chevrons worn on the Upper arm. Grade-I : One star with red/blue striped ribbon Special Grade: Two stars with red/b lue Str iped ribbon. In addition to above, it would be compulsive for all grades of drivers to wear “MT” badge – 5cm dia circle with signal red background on which the letters MT having 3cm height be inscribed with white colour. This MT badge sha ll be worn on the upper arm, 3cm down from the shoulder- sleeve seam. (9) Warder: No more badge other than unit sign, head badge and s houlder badge. 30.17.4 Other Insignia: These items of Insignia shall be procured and normally kept in the store. They sha ll be issu ed for ceremonia l pu rpose a nd r ecollected after use. - 201 -Ex-595/2017 (1) Hackles: White Feather plume, top half dr essed with .signal red colour to be worn above Head- badge of the Beret ca p for ceremonial purp ose. (2) Muffler : A band of cloth 9cm wide, str iped with alternate signal red a nd white colours of 1cm wide each slanted at 45 degr ee to be worn around the neck for ceremonial pur pose. (3) Waist-band: A band of 12cm wide cloth with the muffler pattern, having the same pattern of 25cm long with tassels at bottom end hanging down the left thigh for ceremonial pur pose. (4) Anklet: White coarse cloth to cover from ha lf of the foot up to half of the shin for ceremonial pur pose. (5) Department Emblem: Mapple leaves wreath, State Emblem on top, Crossed keys within the wreath and inscription of “Mizora m Prisons” at the bottom. (6) Department Flag: 3:2 ratio of signal red rectangular cloth and the department Emblem inscribed in white colour within a circle of olive-green ba ckground, the dia metr e of which shall cover fourth third of the flag width at the centre. 30.17.5Significance of Flag colour s : (1) The signal red back ground signifies tha t the Prison is a dangerous place (2) The circle with olive-green back ground signifies reformation and rehabilit ation of offenders inside the jail. 30.17.6Sizes of Flag : (1) Full size shall be 182cmx122cm (6x4 feet) (2) Medium size shall be 122cmx81cm (48x32 inches) (3) Car Flag size shall be 15cmx10cm (6x4 inches) 30.17.7Code of the Flag : (1) Pr ison fla g ma y be hoisted in every Prison Institution between sunr ise and sun set on all working da ys. (2) When it is hoisted together with the National Fla g, it shall be flown lower tha n the la ter. (3) It shall be used for oath-taking at the Training Instit ute. (4) Car flag ca n be used only in the office Table a nd Car of the senior Prison officers not below the rank of Dy.I.G. of Prisons. (5) Prison Flag can be used for shrouding the coffin of the gazetted Prison Officers who dies while in service. (6) Prison flag should not be used for any other purpose. 30.17.8Scales and life-time of Uniform items : (1) Steel Kit Box:1(one) piece:10(ten) years (2) Woollen Great coat:1(one) piece:5(five) years (3) Baton:1(one) piece:5(five) years (4) Leather brown belt:1(one) piece:4(four) years (5) Leather brown cross-belt:1(one) piece:4(four) years (6) Gorget patches:1(one) pair:3(three) years (7) Unit sign:1(one) piece:3(three) years (8) Woollen khaki Ja cket:1(one) piece:3(three) years (9) Woollen khaki Coat:1(one) piece:3(three) years (10) Mosquito Net:1(one) piece:3(three) years - 202 - Ex-595/2017 (11) Peak Cap:1(one) piece:3(three) years (12) Rain Coat:1(one) piece:3(three) years (13) Cap badge:1(one) piece:3(three) years (14) Shoulder ba dges:1(one) pair:3(three) years (15) Star:Rank requirement:3(three) years (16) Red/blue ribbon:1(one) set:3(three) years (17) Whis tle infa ntry:1(one) piece:3(three) years (18) Woollen cap:1(one) piece:2(t wo) years (19) Black leather ankle boot:1(one) pair:2(t wo) years (20) Brown leather boot (derby pattern) :1(one) pair:2(t wo) years (21) Black leather lady shoe:1(one) pair:2(t wo) years (22) Woollen bla nket:3(three) pieces:2(t wo) years (23) Angola suit:1(one) pair:2(t wo) years (24) Woollen Jer sey:1(one) piece:2(t wo) years (25) Whistle Cord:1(one) piece:2(t wo) years (26) Khaki short pant:1(one) piece:2(t wo) years (27) Neck tie black:2(two) p iec es:2(t wo) years (28) Neck tie khaki:2(two) p iec es:2(t wo) years (29) PT shoe:2(two) pairs:1(one) year (30) Vest:2(two) p iec es:1(one) year (31) Nylon socks:2(two) pairs:1(one) year (32) Woollen Beret cap:1(one) piece:1(one) year (33) Terr icotton suit:2(two) pairs:1(one) year (34) MT Badge:2(two) p iec es:1(one) year (35) Hunter boot:1(one) pair:1(one) year (36) Torch Light:1(one) pair:18(eighteen)months (37) Torch Battery:3(three)nos:4(four) months 30.17.9Wearing of unifor m by officers and men of all ranks (1) Uniform sha ll be worn on the following occasions:- (a ) While on duty in the jail or other places (b) Duty in connection with visits of President of India, the Governor or high officia ls entitled to Guard of Honour. (c ) Formal calls on high officials including a Commissioner or Ins pector General of Prisons. (d) Para de and inspections, including the inspection of Ja ils. ( e) When giving evidence in court or before officia l commission, unless otherwise directed. (f) When dealing with t hreatened disturbance, riots etc. N.B.: On other duties e.g. attendance in office (on fixed dates if any), supervision of ca ses etc., the wear ing of uniform by Gazetted Officer is left to the discretion of the officer concerned accor ding to circumstances or as pr escribed by the Inspector General of Prisons. (2) No officer or man when in uniform or on duty may wear any mark, religious or otherwise, on his face. Nor may he wear earrings. He must always appear properly shaved unless he customarily ears beard. In case he wears a moustache, he must properly trim it. No officer or man when in unifor m may carry a n umbrella. (3) Subordinate Prison Officer, Under Officers and warders staff shall a ppear in uniform whenever on duty, unless otherwise ordered by a superior officer for special purpose only. Wearing of uniforms may be exempted while stealthily searching for escaped/a bsconding prisoner. - 203 -Ex-595/2017 30.17.10Prison personnel not to be dressed partly in uniform and pa rtly in plain clot hes: 1) Prison personnel on off duty may wear either uniform or plain clothes, but no prison personnel shall appear at any time dressed partly in uniform and partly in plain clothes, or partly in working uniform. 2) No t rinkets, watch-chain or pins may be worn wit h unifor m in such a way as to be visible. 3) No goggles or fancy items should be worn with uniform unless medically prescribed. 4) Colorful cosmetics, fanciful ear rings, any extra fittings, patch, etc. which do not fit with uniform sha ll not be allowed with uniform. Nameplate 30.17.11 Members of Mizoram Prison personnel of all ranks while in uniform sha ll wear namepla te on r ight breast immediately above the middle portion of t he pocket. The nameplate should be white letter on a signa l red background. Service Board 30.18 Each State should set up a Service Board under the Chair manship of the Principa l Secretary, Pr ison Depa rtment, for a periodic review of all matters pertaining to the service conditions of pr ison staff. Probation period 30.19 Persons directly appointed to any post in the prison service shall be on proba tion for two years. Wher ever necessary the Appointing Authorit y may extend the proba tion period. 30.20 On selection, each incumbent sha ll sign the oath of allegiance in the prescribed form. 30.21 Probation period will include the period of institutional and practical training and the period during which the probationer will be given an opportunity to display his capacity for wielding responsibility and exercise judgement. 30.22 During, and at the end of the probation period, the probationer should be evaluated on the following points: a) Physical fitness and capacity for physical endura nce and hard-work. b) Courage and leadership. c) Interest evinced in work. d) Efficiency. e) Attitude towar ds the public, senior personnel, colleagues, subordinates a nd inmates. f) Capa city for correctional work. g) Character and integrity. NOTE: The question of extending the per iod of p robation, or of confir ming, r everting or discharging an incumbent, should be decided invariably before the expiry of the period of probation. Appointment 30.23 On the successful completion of training, and after the proba tioner has been tried and tested thr ough a phased pr ogramme of assigning responsibilities, his initia l appointment and posting or ders should be is sued. 30.24 As a nd when appoint ments a re made on pur ely temporary basis, they should be made under specific or ders. Confirmation 30.25 There should be a system of departmental examinations for various categories staff categories for the purpose of confirmation. These examinations should be organized to suit each cadre. Each State should fix details of such examinations. 30.26 For being confirmed in service, the probationer should fulfill the following conditions: - 204 - Ex-595/2017 a) Passing various test s and examinations during the training period. b) Success ful completion of the probationary period. c) Passing the departmental examinations. Seniority 30.27 Seniority should b e fixed on the basis of the date of appoint ment in the cadre, and date of promotion to a higher cadre in accor dance with guidelines issued by the Government. Ca dre-wise seniority and gradation lists of the prison personnel should be published annua lly. Pr omotions 30.28 Special care should be taken in giving timely promotion to eligible personnel. Efficiency merit, integrity and trustworthiness of ever y incumbent should be evaluated a nd reflected in his annual confidentia l repor t. The mechanism indicated under the caption 'Recruitment and Selections’ in this chapter should be followed while giving promotions to the personnel in the respective cadre. Incumbents who qua lify for higher jobs should be listed in a ccordance with merit in the eligibility lists for pr omotions. Promotions to higher cadr es should be ba sed on seniorit y-cum-merit. Transfer 30.29 The minimum tenure of non-gazetted and gazetted staff, at one station, should be five years and thr ee yea rs, respectively. 30.30 While deciding on transfers, factors like: (i) needs of the department and the institution, (ii) suitability of the incumbent to the post to which he is being transferred, and iii) reasonable needs of the government s ervant such as availabilit y of educational fa cilities for his children, domestic difficulties of a special nature, etc should be considered. Hours of Work 30.31 There should be a well-pla nned and properly regulated timetable of wor k hours for every category of p ersonnel. Normally no staff member, including gua rding personnel, shall be required to work for more than eight hours a day. There should be a schedule of institutional duty, day duty, night duty, sectional duty, premises duty, off duty, etc. Responsibilities pertaining to premises duty, duty-onholidays, etc should be clear ly defined. Every incumbent should get 24 hours off-duty once a week. 30.32 Guar ding personnel should be allowed at least four night's r est each week. As far as possible, duty on consecutive nights should be avoided. Night patrol duty s hould not exceed two hours a t one time. After every such du ty, the guard should be given at least two hours of rest. In one night a guard should not be given more than t hree pa trol du tiesNote (i) The Superintendent of Prison is authorized to make all reasonable adjustments in hour s of work. No t e (ii) In times of emer gencies like escapes, riot s, assau lts, fire, etc., all personnel on the premises, whether off-duty or otherwise, will insta ntaneous ly report for duty. Additional Staff during Emergencies 30.33 In the event of sudden influx of inmates or epidemics, a dditional staff, accor ding to recruitment rules should be appointed on purely temporary ba sis. Facilities While on Duty 30.34 The following facilities should be extended to the personnel on duty: i) Rest rooms with beds for the use of sta ff members who are required t o wait in the institution between their duty periods. ii) Staff canteen. iii) Bathr ooms, la vatories and w.cs. - 205 -Ex-595/2017 iv) Lockers. v) First-aid boxes including necessary equipment for snakebites, at remote duty points/pr ison farms/outposts, etc. vi) Torches and boots for night duty personnel. vii) Raincoats, umbrellas, overcoats, gumboots, etc. Holidays 30.35 Holidays will be observed in accordance with the local custom in each State as specified by the State Government. 30.36 Those who work on holidays should be allowed additiona l off-days. Housing 30.37 Rent free residential accommodation for all prison personnel should be provided in the prison campus. 30.38 Housing for prison staff should be developed on modern lines with adequate community services and facilities. 30.39 Each institution should have provisions for lodging officials, guests, and ot her visitors, visiting the institutions. 30. 40 Pr ison personnel who a re entitled to r ent free accommodation, but ar e not provided wit h such acco mmoda t ion, should be pa id house-rent allowance at pa r with government employees in other departments. 30.41 The following facilities should a lso be extended to staff quar ters and premises: a ) Periodical disinfect ion. b) Conservancy and sanitation services in sta ff quarters. c ) Maintenance of par ks and other utilities on the premises. Medical Facilities 30.42 The following medical facilities should be extended to the staff and their families: (i) A pr operly equipped hospital and maternity ward, with ambulance facilities. (ii) Free medical attendance and treatment at the institutional hospital, at the Civil Hospital and at special institutions like T.B. sa natoria , Infirmaries, etc. (iii) Special medical facilities to prison personnel suffering from tuberculosis, leprosy, cancer, heart disease, etc. at pa r with other government serva nts. (iv) Facilit ies during convalescence period such as leave, medical aid and concession in hours of work. (v) Anti-rabies treatment Educational F acilities 30.43 The following educational facilities for the benefit of children of prison personnel should be extended: (i) Schools near the institutional premises. (ii) A school bus for children of the staff in institutions situa ted at a dista nce from the city. (iii) Transport at government cost for educational needs of children of the staff or an alterna tive suitable Tra nsport Allowance for school/college-going children of the staff. (iv) Hostel accommodation for children of transferred and other staff members, in institutional premises. Miscellaneous Facilities 30.44 In case an instit ution is located at a distance from the city or town, the administr ation shall make necessary ar rangements for the housing of staff members within t he prison premises. 30.45 Medical facilities should be provided in cases of medica l emergencies a nd sickness. 30.46 Mess for unma rried staff members. 30.47 Use of institutiona l transport on payment at the time of transfer. - 206 - Ex-595/2017 30.48 Leave travel concession to all ca tegories of pr ison personnel to their home town or village once in two years, along with their family members. Such concession should also be given to all staff members to travel anywhere in India once in four years. 30.49 Spor ts facilities, annual sports meets, a nd travelling allowance incidental to the above. Rewards 30.50 The Government of India should institute medals for rewarding prison personnel in recognition of acts of gallantry and meritorious and distinguished services. All good work done by pr ison personnel should be given proper publicity and highlighted through the media 30.51 The Inspector Gener al/Depu ty Inspector General of Prisons (range) and the heads of institutions should have powers to sanct ion suitable ca sh rewards to deserving staff members in appreciation of outstanding work and specia l services such a s capture of escaped pr isoners, exhibition of high degree of courage, loyalt y and trustwor thiness, devotion to duty and initiative and resourcefulness during times of emergency, and other meritorious services. For this pur pose adequate funds should be made in the annua l budget of the department. Financial Assistance and Compensation 30.52 In the event of prison personnel suffering serious injury and accident in the discha rge of t heir duties, the Inspector General of Prisons should have powers to sanction immediate financial assistance up to Rs. 10,000/-. In deserving cases, where assistance beyond this limit is necessary, the Inspector Gener al of P risons should r efer the matter to the State Government. 30.53 In case of death of prison personnel in lawful discharge of his duties, a sum of Rs. Two lakh should be paid to survivors in his family. Protection from Damages 30.54 Necessary facilities at government cost should be extended to staff members to defend themselves in the event of criminal pr osecution/civil proceedings ar ising out of bona-fide discharge of official duties. Legitimate protection should be ext ended t o personnel in matters related with recover y of dama ges for bona fide delays, errors of judgement and false a llegations. Pension 30.55 All pension forma lities should be completed fairly in advance of t he date supera nnuation of a pr ison officer. Delays in completion of pension papers should be avoided in all ca ses. Staff meetings 30.56 The Superintendent will convene a monthly meeting of the instit utional staff members. The objectives of this meeting should be: (a ) Coordination in institutional activities. (b) To improve methods of work. (c ) To interpret governmental policies to sta ff members. (d) To explain new procedures, rules and regulation and policies regarding inmate discipline, treatment of prisoners and instit utional management. ( e) To explain policies relating to personnel management, staff discipline and morale in the staff lines. (f) To explain welfare programmes chalked out by the Staff Welfare Committee. (g) To give opportunit ies to staff members to discu ss their common problems. (h) To communicate appreciation of good work as a nd when necessary. (i) To r eward staff members as and when necessary. 30.57 Minutes of the proceedings of the meeting should be recorded and a copy of it should be forwarded to the Inspector General/Deputy Ins pector Genera l of Prisons (Range) with the remarks of the Superintendent. - 207 -Ex-595/2017 Conference 30.58 Conferences of depa rtmenta l personnel should be held annually. The objective of such conferences should be: (a ) To t ake stock of achievements. (b) To evaluate current procedures, practices and methods of the organization. (c ) To plan for future development of the department. (d) To understa nd staff problems and staff a spirations. ( e) To promote best pr actices in custodial management. 30.59 Minutes of the conferences should be recorded and the Inspector Gener al shou ld forward the same to t he government, along with his suggestions a nd appr opriate proposals. Act ion taken on t hese minutes and a proposal will be communicated to the institutional personnel by the Prison Headquarter. Staff Training 30.60 Correctional Administration shall constantly seek to awaken and maintain in the minds of the personnel the conviction that correctional work is a social service of great importance, and to this end all appropriate means should be used. 30.61 Corr ectiona l work is a specialised field. The principle job of the correctional per sonnel is social re-education of offenders. The effectiveness of corr ectiona l administration, institutiona l discip line and the impa ct of treatment mainly depend on the quality of the correctional staff. Untrained and uninstructed personnel ar e not only ineffective, but quite often become detrimental to the proper implementation of correctional policies. The tr aining of corr ectional personnel is, therefore, of paramount impor tance in any system of Correctional Administration. Training programmes will aim at: (i) Acquainting correctional personnel with scientific and progressive methods of Correctional Administration. (ii) Making them conscious of their r esponsibilities, and the role they have to play in a Welfare State. (iii) Broa dening their cultur al and professional interests, expanding their experience, refining their abilit ies and skills, improving their performance of a dministra tive duties and pr oviding them with experience to meet future needs of the department in positions of higher responsibility. (iv) Inculcating an espr it-de-corps amongst the correctional personnel. 30.62 Corr ectional personnel should be properly trained in the theory and pra ctice of correctional work. After entering the service and during their car eer, the personnel sha ll maintain and improve their knowledge and pr ofessional ca pacity by attending various training programmes, and through t heir own individual efforts. 30.63 Corr ectional personnel shall be given special training (in P.T., drill, unarmed combat, cane drill and mob-dispersal drill) to enable them to restrain aggressive prisoners b y the means prescr ibed by the authorities in accordance with the relevant rules and regulations. Personnel who are provided with arms shall be trained in their use and instructed in the regula tions governing their use. 30.64 Training is a continuous process. The initial ba sic tra ining imparted at the training school shall be cont inued at the correctional institutions. Suita ble tr aining programmes should be organized so that the institutional personnel are in constant touch with current development in the field of corrections. 30.65 The training process will reveal individua l capabilities. Through such knowledge, the right person can be given the right job . This will ultimately lead t o proper utilisation of human resour ces. 30.66 Training of corr ectional personnel will not only be helpful in creating a proper cultur al atmosphere in the department but will go a long way in establishing good tr aditions and practices of institutional mana gement and corr ectiona l processes. A properly trained staff will be an a sset for the pr oper implementation of prison reforms. With the impact of tra ining, the attitudes a nd abilities of the - 208 - Ex-595/2017 personnel will impr ove. The expenditure incurred for staff tra ining will ultimately result not only in departmenta l gains but also in socia l gains in terms of bett er institutional impa ct a nd ultimate rehabilitation of offenders. 30.67 All new recruits to the prison department, whether inducted as security, custodial, executive, treatment or supervisory staff should be imparted basic training of sufficient duration appropriate to their job requirements. All officers and sta ff taken on deputation from other departments should be given a shor t orientation course for one week with regard to t he functioning of the prison department. 30.68 No Prison p ersonnel shall discha rge any official duty without completion of basic training. Adequate training reserve should be provided in each ca dre of the Prisons so that in-service training ca n be orga nized for them. The number of such staff can be a ssessed in the State as per local requirement. Training Institutes 30.69 Training of staff should be taken up at three levels: Sta te, Regional, a nd National. (i) For training of security and ministeria l staff, a tra ining school s hould be set u p in each State by the State Government. Smaller States and Union Territories can avail the training facilities of the training schools of neighbouring States (ii) For training of executive staff Regional Institutes of Correctional Administration should be set up. (iii) A Na tional Academy of Corr ectional Administration should be esta blished by the Ministr y of Home Affairs, Government of India under the contr ol of BP R&D to cater to the tr aining needs of supervisory sta ff and other senior officers concerned with planning and policy formulation. When the Indian Prisons and Correctional Service is constituted, this academy would meet the training needs of the members of that service. Functions 30.70 The functions of a Training School/Regional Institute of Corr ectional Services will be: a) Training, b) Research, c ) Studies on Organization and methods,and d) Publication of pamphlets, papers, hand books, Cor rectional Service Jour nals 30.71 Only qualified persons with an aptitude for training and teaching should be posted at these institutions. 30.72 Directors of Regional Institutes of Correctional Administration should be from the Prisons and Correctional Service and should be of the rank of Additional Inspector General of Prisons. Principals of S tate level training schools should be of the rank of Superintendent of Central Prisons. 30.73 Experts invited to deliver lectures at the training institutes s hould be provided with a set of guidelines about the content of training. Permanent academic staff of the training instit utes should also be oriented to the tra ining r equirements of various aspects of correctional work. Teaching facilities and facu lty at the training schools of other States, Universities and Schools of Social Sciences should be utilized for training purposes. The visiting lecturers should be pa id suitable honorarium and travelling allowances. 30.74 Deta ils of syllabi, cou rse content, methods of examination, a nd the mode of awar ding cer tificates/ diplomas on success ful completion of tr aining, should be evolved by the Bureau of Police Resea rch and Development in consultation with the training institutions at var ious levels. These matters should be r eviewed once every three years. 30.75 Proper litera ture shou ld be pr epared for meeting the tr aining needs of various categories of personnel of t he Depa rtment of Prisons. Training courses 30.76 Training courses for Corr ectiona l Services should be organized on the basis of Tra ining Needs Analysis to be conducted by the experts in this field. The following training courses should be orga nized a t the tr aining institutes: - 209 -Ex-595/2017 i) On recruitment all correctional officers i.e. Superintendent, Assistant Jailer and warder shall undergo an initial ba sic tra ining course which will be pha sed as shown below: (a ) Initial basic training at the Tr aining School/ Institute for one year. (b) After the successfu l completion of basic in training the trainee officers should be posted for duration of six months for practical training in various branches of institutional mana gement a t a Central Pr ison in the State. (c ) On completion of practical training, the trainee officers should be given independent charge of t he post for which they have been recr uited, for a period of six months. ii) Serving officers, who have had no opportunity to get the initial training as sta ted in sub-rule (a), shall undergo a tr aining course for thr ee months. For such officers, placement for pract ical training and holding of independent charge as stated in sub-rules (b) and (c) will not be necessary. iii) Serving Superintendents, Jailer, Assistant Jailer, and other correctional officers of all gr ades will undergo refresher courses of one month duration once in every five years. iv) Vertical Interaction Courses (thematic) for prison officers v) Short-term courses on various aspects of Correctional Administration and Treatment of Offenders. vi) All newly r ecruited and untrained serving warders shall undergo an initial ba sic training course for six months. Dur ing this period they will be given pra ctical training in every aspect of institutional management. vii) Refresher courses of two months duration for custodial/ security personnel. It should be obligatory for them to undergo such training once in every five years. viii) The Inspector General of Prisons and Dir ector of Correctional Services should prepa re a panel of officers having special merit and capa bilities for a ttending conferences and special training courses, within the country and abr oad. ix) The Bureau of Police Research and Development should organize regional meetings/conferences of Inspector s Gener al of P risons and other senior officers of t he Depar tment of Prisons at regular intervals at the national level. x) Study teams of senior officers should be deputed to visit other States in the country. Such teams may also visit countries where innovative correctional programmes and pr actices have been successfully introduced. Officers with outstanding performance in the department should be given pr eference for such visits. Facilities during training 30.77 The following facilities should be extended to personnel undergoing training: (i) Full pay for newly r ecruited personnel. (ii) Usua l emoluments for in-service personnel. (iii) Training allowance for in-service personnel. (iv) Rent-free quarters. (v) Mess arrangements. (vi) Free medical aid. (vii) T.A. and D. A. facilities for travel incidental to training. (viii) Grant for purchase of books. (ix) Study leave for going abr oad, or to another State, for training. (x) Periods of t raining should be counted as on duty for a ll purposes Discipline 30.78 The Director/Principal of the Tra ining Institution will frame necessa ry rules regar ding discipline and will be authorised to take disciplinary action in the event of br each of discipline. 30.79 The trainees will wear the prescr ibed uniform during the training per iod. Tests and Examinations 30.80 The Director/Principal will fix details about examinations and tests. Trainees of a ll cadr es shall be required to pass the prescribed examinations and tests. In ca se a tr ainee fa ils to reach t he required - 210 - Ex-595/2017 standards during a training cour se, the Principal will forwar d a report to the Ins pector General for suit able action. F ailure to pass the examination and to complete the training cour ses satisfactorily will make the trainee lia ble for such disciplinary act ion as the Inspector General may think fit . In case of newly recruited personnel, such failure may resu lt in discha rge fr om service. 30.81 The evaluation of a trainee should be ma de on the basis of his total performance in all the tests and examinations. The trainees will b e evaluated in respect of the following, amongst other points: (a ) Turn-out and discipline. (b) Capa city for hard work and physica l endura nce. (c ) Performance in ea ch test and examination. (d) Special capacities shown during the training course. (e) Leadership. (f) (f). Conduct, integrity and trustworthiness. Library-journal-recreational facilities 30.91 Training schools should have a good librar y and r eading room facilities. Provision for purchase of books and periodicals, should be made in the annual budget of the institution. 30.92 A Correctional Services Journal should be published by the training schools. 30.93 Recr eationa l facilities should be organized. 30.94 A museum showing the histor ica l development of P rison Administra tion and other a spects of institutional management should be set up at the training schools. Continuation of training at t he place of work 30.95 The following training facilities should be orga nised a t the institutions: (i) Interpretation of policy by senior officers from the Headquarters dur ing visits. (ii) Libr ary and reading room fa cilities for staff members. (iii) Lectures by professors from the Universities and Schools of social work on subjects related to correctional work. (iv) Fortnightly talk on correctional methods by the Superintendent or any other officer. (v) Reading of papers, case histories, etc., by institutional staff members. (vi) Monthly discussions on improvement in a dministra tive procedures, methods a nd organisation, etc. 30.96 In order to keep the officers and men in good shape, the training given at the training school in dr ill, para des, musketry, unarmed combat, cane-drill and mobdispersal drill should be continued at the institution also. Particular attention should be paid to games. Efforts should be made to instill interest and enthusiasm in the personnel by the introduction of new items and methods of training. Opportunities should be pr ovided to stimulate initiative, intelligence, independent judgement and resourcefulness among the personnel. 30.97 Subject to general or specific or ders, which may be issued in this behalf by the Inspector Genera l of Prisons, the training programme will consist of physical exercises, squad drill, weapon training, bayonet fighting, ceremonial parade, unarmed combat, baton and cane drill, mob-dispersal, obstacle cour se, ins pection of gua rd and sentry duties, saluting, kit inspection and emergency dr ill. 30.98 Musketry pr actice for officers and guarding personnel shall be held once every six months. All security mea sures shall be adopted on such occasions. An officer well-versed in all these matters shall be made in charge of such tr aining. Wherever required, necessary assista nce may be obta ined from the local police authorities. 30.99 Assistant Ja ilers will do physical training and drill at least twice a week. They shall participate in the weekly parades. 30.100 The following training pr ogrammes will be conducted for the guarding personnel: (a) Physical training and drill for 45 minutes a day, four days a week. (b) Instruction in rules, procedures, etc., once a week to be given by an Assistant Jailer or a senior member of the guarding personnel. - 211 -Ex-595/2017 (c) Practice in preventing and controlling emergency situations once a month. (d) Games like cricket, hockey, volleyball, basketball, may be organized in accordance with available facilities a t each institution. 30.92 The Superintendent will send the following reports to the Inspector General of Prisons: (a ) Monthly report about training in P.T. drill, lectures, discu ssions, emergency pra ctice, etc. (b) Six monthly report on musketry pract ice. St aff Welfar e Committ ee 30.93 Ther e will b e a Welf are Committ ee at ea ch Institut ion cons is ting r ep res ent at ives of execut ive, technical, minis terial and guarding/custodial personnel. T he Superintendent will be the ex- officio Chairman of the committee. The Welfare Committee will meet at least once a month. Minutes of its meetings will be recor ded. 30.94 There will also be a Central Welfare Committee in the Inspector General's office with the Inspector General of P risons as its P resident and the following as its members: (i) Depu ty Insp ector Gener al (Headquarters ) - Vic e President (ii) All Range Deputy Inspector Gener als. (iii) Principal, Prison Officer s Training School. (iv) Superintendent of the Prison located a t the Department's Headquarters. Functions 30.95 The functions of the Welfare Committee shall be: i) To chalk out a programme for sta ff welfare. ii) To build a welfare fund. iii) To prepare a n annua l budget for the utilization of the welfare fund. iv) To run a staff canteen v ) To organize a Cooperative Credit Society a nd a multipurpose cooperative shop for the institutional staff. vi) To impress upon the staff members the necessity of programmes of posta l savings, sma ll saving schemes, postal insurance, Jana ta Insurance policy, etc. vii) To supervise the maintenance of the welfare fund, its accounts, and to get them audited annually. viii) To prepare a n annual report about welfare work. ix) To advice t he Central Committee regarding the utilization of the fund. Welfar e Fund 30.96 A welfare fund will be created at each institution for providing amenities to staff members and their families. The fu nd will be developed from the following sour ces: i) Monthly subscriptions fr om staff members. ii) Voluntary donations subject to rules framed by the government. iii) Interest accruing from investments. iv) Benefit performances by artists, theatrical parties, cinema, etc. v) Dona tions fr om a Co-operative Credit Society. vi) Profits from of the co-operative shop. vii) Subsidies from the Government. Welfare Unit 30.97 In large institutions there will be a separate staff unit which will attend to all aspects of welfare work such as staff canteen, cooperative society, etc. Welfa r e benefit s 30.98 The following benefits will be pr ovided to the personnel out of the welfare fund: i) Relief in t he ca se of sudden illness. ii) Medical aid where more than ordinary medical help is required and which is beyond the economic capacity of the staff member. - 212 - Ex-595/2017 iii) Aid for the education of children of the staff. iv) Facilities to family members of the sta ff for r unning cottage industries and handicrafts like sewing, spinning, manufacture of matches, etc. v) Reservation of seats in hostels and educational institutions for children of staff members. vi) Staff canteen. vii) Recr eational and cultural activities. viii) Staff club. ix) Staff librar ies. x) Staff sports, institutional and inter-institutional fixtures, etc. 30.99 A pr oper for um should be pr ovided at the institutional and the S tate level for prison personnel to ventilate their gr ievances common to the entir e service/cadre and to hold meaningful discussions for their redr es sal. Note: Detailed rules for the collection and operation of this fund should be embodied in the prison manual of each State. Chapter XXXI PRISON COMPUTERISATION 31.01 The entire prison a dministr ation needs to be computerized so tha t databases can be accessed ea sily and managed more efficiently. This is also part of the mandate of the Integrated Criminal Justice System (ICJS) which seeks to interlink prisons, courts and the police stations as a triad. This would enable integrated data shar ing with the police and the courts enabling efficient and comprehensive tracking of criminals and faster law enforcement resp onses. There a re several sta keholders involved in processes of pr isons, including the police, courts and external agencies like hospita ls, medical authorities etc. and it is extremely important to develop suitable interfaces that can help in seamless shar ing of information a mongst different agencies. 31.02 The major challenges faced by prisons’ administration presently in performing their mandated activities effectively and efficiently are: * Unavailability of real time information at central level; * Non-centralized information repos itory of prisoners; * Impr oper tr acking of prisoner a ctivities; * Inadequate interaction with various sta keholder agencies; * Improper data analysis; * Multiple st andalone IT systems a vailable at ma jority of prisons; * Inadequate tracking of pr isoner out on parole/ furlough; * Lack of efficient alarm system in case of under-trials detention under 436/436A; * Inadequate informa tion pertaining to release of prisoner once completion of sentence. 31.03 Computerisa tion seeks to enable prisons to have the following core facilities and have a unified data sharing platform: (a ) A comprehensive web based prison software with interlinkages with courts and police stations; (b) Integrated data sha ring with cour ts and police as per a tentative matr ix given in Appendix - 12; (c ) Comprehensive video conference facilit ies; (d) Biometric a ccess for in and out movement of inma tes; ( e) State level training labs for induction and refresher training cour ses; (f) Touch screen kiosks at the prisons for inmates to access their case deta ils. - 213 -Ex-595/2017 31.04 The following outcomes are expected after successful implementation of prison compu terization: *Seamless and integrated flow of information acr oss all the prisons and police department, Ministry of Home Affairs (MHA) t hereby enabling real time ava ilability of information tha t is easy to search and quick retrieval of prisoner information from a centralized database of prisoners *Availability of Dashboards/Statistical reports/ MIS reports for senior level officers with information such as Probable Date of Release (PDR), Prison occupancy, P risoner availing Parole/Fur lough etc. *Complete record of prisoners’ activities such as bail, escape, fine payment, incident punishment, prisoner income, court appeals, court product ion, r emission, rema nd, wages, work alloca tion, release and tr ansfer etc. *Workflow based solution for approva l processes like Parole/Furlough and real time reflection of the same in the system *Automatic PDR (Probable Date of Release) ca lculation thus ensuring no delays in release of prisoners without the need for manual validation. *Bett er visitor management procedure thus helps officia ls in ma naging visitor s, keeping a track of the number of vis itors for a par ticular prisoner, frequency of visit etc. *Creation of a Centralized Prisoner Registry tha t can be accessed by Police Departments and other key Law Enforcement Agencies for verification and validation purposes of individuals through Data Digitization of records. 31.05 Implementation of ICJS is a key component that ha s to be achieved in the revamped Crime and Criminal Tra cking Network System (CCTNS) project. It comprises the following components.- a ) Roll out of prisons soft ware in the State; b) Assessment based provisioning hardware and network for prisons; c ) Provisioning of har dware for prosecution offices and for ensic labs; d) Development of Modules for Forensic laboratories & Pr osecution offices; e ) Integration of CCT NS with all these applications. For successful implementation of centralized prisons ma nagement system, provisioning of office har dware and adequa te network connectivit y at each prison is requ ired. The r oll out of software application and its sustainability is dependent on the availability of requisite office hardware and network connectivity at each state prison. The Sta te is being engaged by the Government of India for a ssistance in these matters in a time bound manner t o complete the process in a year. 31.06 As part of the ICJS implementation all components of IC JS i.e. Prisons, Courts, Police Stations, prosecution offices and forensic laboratories need to share data as per the data sharing matrix given in t he Annexure. T his data sharing matrix has been approved b y Committee headed by Justice Mr Madan B. Lokur of the Supreme Court of India. Chapter XXXII MISCELLANEOUS Inclusion of Prisons in Development Plans 32.01 Since prison administration has a direct bearing on the impr ovement of the qualit y of life of t hose who deviate from the accepted social norms, the development of prisons shall be pursued a s an integral par t of the National Development Plans. Investment on prisons shall lead not only to the reformation and rehabilitation of offenders as law-abiding citizens, but a lso to safeguarding the life of those adversely affected by crime. Therefore, each State shall take steps to formulate schemes for development of prisons in their entir ety in the Central and State P lans. S uch schemes should not only relate to the correctional content of prison programmes but also to improvement in the quality of prison staff, which is the ma in tool of cor rectional administration. - 214 - Ex-595/2017 State Advisory Board 32.02 There shall be a State Advisory Board t o advise the State Government and t he Prison Administra tion on matters relating to correctional work in prisons, rehabilit ation of inmates and r edressa l of grievances of prisoners. 32.03 The state Advisory Board shall also act a s a meeting gr ound of departmental heads of Prison, Law and Justice, Police, Education, Technical Education, Health and Public Works Department of the State Government, in order to bring about effective inter-departmental cooperation and co-ordination. 32.04 The State Advisory Board shall also play the role of opinion leaders creating Socia l awareness in all walks of life and stressing the need for r ehabilit ation of offenders. 32.05 The State Advisory Board shall comprise of the following officials of the Sta te:- a ) Minister in-charge of Prisons - as Chairman b) Secr etary in-charge of Prisons - Vice Chairman c ) Principal S ecretar y , Department of Prisons d) Insp ector Gener al of Pris ons as Member Secret ary. e ) Law Secreta ry or any of his nominee not below the rank of Joint Secretary. f) Inspector General of Police (HQ). g) Director, Education. h) Director, Technical Education. i) Dir ector, Hea lth Service. j) Chief Engineer, Public Works Department. i) The Director of Industries or any other member appointed by the Government. i) Special Secretary Finance, as nominated by Secr etary Finance Department. j) Director, Social Welfare. 32.06 The following Non-Officials sha ll also be a ppointed by the Government as Members of the State Advisory Boa rd:- a ) Three members of the Legislative Assembly of the State, of whom one shall be a woman and one belonging to the principal opposition parts in the State Legislature Assembly. b) Two elected Member s of Pa rliament from the St ate. c ) Three eminent members of the public working in the field of prison administration and welfare. Among them one shall be a woman. d) A retired officer of prison service of the State, not below the rank of Deputy Inspector General. 32.07 The Minister in-charge of Prisons shall be the Chairman of the State Advisory Boards, the Secretary in-charge of Prisons shall be the Vice Chairman a nd the Inspector Gener al of P risons shall be the Member Secretary. 32.08 The State Advisory Board shall hold at least one meeting in a calendar year. In the wake of any extr aordina ry situation, the Member Secreta ry is authorized to convene a special meeting of the Members of the State Advisory Boar d to apprise the Members of details of the situation warranting such meetings. 32.09 The proceeding of every meeting of the State Advisory Board sha ll be recorded in the Minute Book, and a copy of the same sha ll be forwarded to the Minister in-charge of Prisons and the Principal Secretary/Secretary of the Prison Department. 32.10 The Members of the State Advisory Board ma y visit to any prison of the St ate. 32.11 The Members of the State Advisor y Board, however, sha ll refr ain themselves from visiting any prison during the period between evening locking-up and morning un-locking. 32.12 The Superintendent shall present before the visiting Member/Members of the State Advisory Board any paper/document in connection with the correctional work, recreation, training of prisoners, prison diet, health-care of prisoners, grievances of pr isoners and redressal of prisoners, if the same is sought for by the visit ing Member/Members of the Sta te Advisory Board. 32.13 For the purpose of the meetings of the State Advisory Board six members, including at least two official and two non-official members, shall comprise a quorum. - 215 -Ex-595/2017 32.14 If a non-official member of the State Advisory Board fa ils to a ttend the meetings of the Board, desp ite pr ior intimation and notice, on three su ccessive occa sions, his/her membership of the Advisory Board sha ll stand cancelled automatica lly and the Member Secreta ry of the Board shall move the State Government for appointing a new nonofficia l member in his/her place. 32.15 A Non-Official member of the State Advisory Board shall hold office for a period of three years from the date his/her a ppointment to the Board, and may be considered for reappointment. 32.16 The State government reser ves the right to cancel the a ppointment of any non-officia l member of the State Advisory Board a t any t ime. 32.17 A non-official Member of the Board shall receive allowances, as prescribed by the State Gover nment from time to time, for attending the meetings of the Board. Planning, Research and Development Mechanism 32.18 Each State shall evolve a mechanism for providing the necessary feedback on the efficacy of Prisons in achieving their objectives and goals through monitoring, study, a nalysis and research, and to keep the system abreast of the new trends a nd developments in the field. Such a mecha nism should clearly spell out the specific objectives and goals not only for the organisation, but also for individual institutions, in terms of fu nctiona l renovation and reconstruct ion of prison buildings, diversifica tion of corr ectional institutions, classification of prisoners, rehabilita tive reorienta tion of prison industries, cor rectional content of prison programmes, recruitment and training of pr ison personnel a nd modalities of coordination with ot her bra nches of the Criminal Justice System. It should set quantitative targets for the correctional system such as: number of criminals rehabilitated; number of ex-offenders; number of prisoners educated; increase in productivit y of pr isons; sale proceeds of prison manufact ure; amount of loan extended to inmates/ex-inmates under innova tive banking schemes and other sources, etc. There sha ll be an established procedure for reviewing the orga nisational and instit utional goals by the department at least once a year. Prisons Development Board 32.19 In order to improve and modernise the infr astruct ural fa cilities in prisons, a high powered Pr ison Development Board may be set up in each State to have an institutiona l arrangement conducive to speedy decision making and to take full a dvantage of modern technology and ma nagerial practices. 32.20 The Board may consist of the following members: (a) Chief MinisterChairman (b) Minister for PrisonsVice-Chairman (c ) Registrar of the High CourtEx-officio Dir ector (d) Prl. Secretary to Govt., Home (P risons) DepartmentEx-officio Dir ector ( e) Prl. Secretary to Govt., Finance DepartmentEx-officio Dir ector (f) Prl. Secretary to Govt., Revenue DepartmentEx-officio Dir ector (g) Secr etary to Government, La w DepartmentEx-officio Dir ector (h) Director General and Inspector Gener al of PoliceEx-officio Dir ector (i) Director of ProsecutionEx-officio Dir ector (j) Two persons to be nominated by the Govt., out of whom one Member s shall be a woman, from among non-officia ls who have distinguished themselves in the field of prison administration or prison refor ms or service to prisoners or human rights (k) Inspector General of PrisonsEx-officio Managing Director 32.21 The functions of the Boar d shall be: (a ) to examine the living conditions of prisoners in all the prisons, with specific r eference to their basic needs a nd provision of facilities compatible with the dignity of human life. - 216 - Ex-595/2017 (b) to build new pr isons where the existing prisons are not in a satisfactory condition, or are beyond repairs. (c ) to review a nd suggest measures for the development of progra mmes for the 'treatment of prisoners, including resea rch, education, vocational tr aining a nd skill development, with a view to developing prisons as correctional centres. (d) to efficiently manage prisons by inducting modern technology, methods and appara tus. ( e) to collabora te with corpor ate hous es for Corporate Socia l Responsibilit y (CSR) funding for above purposes. 32.22 The Board shall have, and maintain, its own fund as the Prisons Development Fund to which shall be credit ed: (a ) all money received by the board from the State and Central Governments by way of gra nts, loans, adva nces, etc. (b) all money borrowed by the Board by way of loans or debentures. (c ) all money generated by the agricultural, horticult ural, industrial or manufact uring activities undertaken by prisoners. (d) all fees, charges a nd profits received by the Board. ( e) all money received by the Board fr om the disposal of lands, buildings a nd other properties (movable or immovable), and (f) all money r eceived by the Board by way of rents or profits or in any other manner or from any ot her source. 32.23 The concerned State Government sha ll frame detailed rules for the functioning of the Board. Publication of Annual Report 32.24 Each S ta te shall p ublish a n annua l r epor t on t he functioning and progr esses achieved by the Depa rtment of Pris ons and pla ce the same befor e the legisla t ure. Formulation of State P rison Manual 32.25 Each State Government sha ll formulate its own vision and mission st atement which should be incorporated in the State Prison Manual on the lines indicated in this Model Prison Manual, to adequately cater to the indigenous conditions, without diluting the concept of ba sic uniformity inlaw and procedure. Exchange of Expertise 32.26 Each State Government shall promote the exchange of technical know-how and professional expertise with other States to be a ble to adopt the best practices in the administration of Prisons in var ious parts of the country, either on its own initia tive or with the assistance of the Central Government. Right to information 32.27 The Prison Act and other r elevant Acts, a pplicable rules, regulations a nd the State P rison Ma nual shall be kept in the prison library for the benefit of all prisoners. 32.28 The prison administration in the State shall str ictly a dhere to the requirements contained in the Right to Information Act, 2005. -217- APPENDICES 3 19 Ex-595/2017 -218- APPENDIX - 1 HANDBOOK FOR PRISONERS (See Chapter V) [Source: Bureau of Police Research & Development] 320 Ex-595/2017 -219- 321 Ex-595/2017 -220- 322 Ex-595/2017 -221- 323 Ex-595/2017 -222- 324 Ex-595/2017 -223- 325 Ex-595/2017 -224- 326 Ex-595/2017 -225- 327 Ex-595/2017 -226- 328 Ex-595/2017 -227- 329 Ex-595/2017 -228- 330 Ex-595/2017 -229- 331 Ex-595/2017 -230- 332 Ex-595/2017 -231- 333 Ex-595/2017 -232- 334 Ex-595/2017 -233- 335 Ex-595/2017 -234- 336 Ex-595/2017 -235- 337 Ex-595/2017 -236- 338 Ex-595/2017 -237- 339 Ex-595/2017 -238- 340 Ex-595/2017 -239- 341 Ex-595/2017 -240- 342 Ex-595/2017 -241- 343 Ex-595/2017 -242- Appendix - 2 PROFORMA FOR HEALTH SCREENING OF PRISONERS ON ADMISSION TO JAIL (See Chapter V) Case No. .. Name ... ............................ ... Age ... ... Sex... ... ... Thumb impression ... Father’ s/Husband‘s Name... ................................... ..Occupation ... Date & Time of admission in the prison... Identification marks... Previous History of illness Are you suffering from any disease? Yes/No If so, the name of the disease : Are you now taking medicines for the same? Are you suffering from cough that has lasted for Yes/No 3 weeks or more History of drug abuse, if any: Any information the prisoner may volunteer: Physical examination: Height.... cms. weight... ... . kg Last menstruation period ... 1. Paller : YES/NO 2. Lymph Mode enlargement: YES/NO 3. Clubbing: YES/NO 4. Cyanosis: YES/NO 5. lcterus: YES/NO 6. Injury, if any... 4. Blood test for Hepatitis/STD including HIV, (with the informed consent of the prisoner whenever required by law) 5. Any other ... Systemic Examination 1. Nervous System 344 Ex-595/2017 -243- 2. Cardio Vascular System 3. Respiratory System 4. Eye, ENT 5. Castro Intestinal system abdomen 6. Teeth & Gum 7. Urinal System The medical examination and investigations were conducted with the consent of the prisoner after explaining to him/her that it was necessary for diagnosis and treatment of the disease from which he/she may be suffering. Date of commencement of medical investigation Date of completion of medical investigation MEDICAL OFFICER 345 Ex-595/2017 -244- APPENDIX - 3 R EGISTER FOR OUT PATIENTS (See Chapter VII) Nominal Register of hospital out patients in the ______________________ Prison at ________ Month Date Total invalid Gang Total of Out - patients Total attended Disease Date of admission and attendance as out -patients 346 Ex-595/2017 -245- APPENDIX - 4 R EGISTER OF IN-PATIENTS (See Chapter VII) Register of in patients in the Prison Hospital 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 347 Ex-595/2017 -246- APPENDIX - 5 H OSPITAL ROLL OF SICK INMATES (See Chapter VII) Sick in Hospital Class of Hospital Diets Perishable Hosp ital Servants Articles. A B Cl ass Class M FM F MFM F 348 Ex-595/2017 -247- APPENDIX - 6 C ASE SHEET (See Chapter VII) Class of prisoner with register number and name Address Age Date when first brought under treatment Date of Admission to hospital Date of discharge from hospital Disease Month and Date Particulars of the case and treatment adopted Diet and extras ordered 34 9 Ex-595/2017 -248- APPENDIX - 7 C ASE BOOK (See Chapter VII) Register number and name of patient - Present disease Class of prisoner with nature and length of sentence (if convicted) State of health on admission to prison. Weight on admission to prison. Weight on admission to hospital. If sentenced to R.I., whether admitted from invalid gang or otherwise. If previously an out -patient, give dates. If previously an in -patient, refer to last page of Case -Book. INSTRUCTION. —In the event of death, closing entries should contain a record of the particulars required by section 15 of the Prison Act, 1894 under the Medical Officer’s signature. / Month and Date Particulars of patient’s previous health, state on present admission, treatment and diet, with daily initials of Medical Officer. 3 50 Ex-595/2017 -249- APPENDIX - 8 S HEET FOR A PRISONER SENTENCED TO DEATH (See Chapter XII) Date of execution by Sessions Judge 1. Register No. 2. Name 3. Neck measurement 4. Weight 5. Result of medical examination, special points, etc. 6. Date of sentence by the Court of Sessions 7. Date of appeal to the High Court of Judicature at Mumbai 8. Date of decision of the High Court 9. Date of petition for special leave for appeal to the Supreme Court 10. Date of appeal to the Supreme Court 11. Date of decision of the Supreme Court 12. Date of submission of mercy petition 13. Date of result of mercy petition 14. Final date of execution 15. Length of drop required 351 Ex-595/2017 -250- APPENDIX - 9 CASE HISTORY OF CONVICT (See Chapter XII) [ to be inserted from Maharashtra Rules if format is acceptable ] 1. Name 2. Number 3. Age 4. Sentence 5. Section 6. Habitual or casual 7. Legal history and statement of the prisoner regarding present and previous crimes, if any 8. Social History (a) Childhood (b) Family History (c) Health history (d) Neighbourhood (e) Educational background (f) Adolescence (g) Economic background (h) Employment history (i) Associations, companionship, etc. (j) Habits, aptitude, etc. 9. Personality (general impression only) 10. Clues regarding sequence of criminal behaviour Date on which case history was prepared …..….…………………………… Prison ………………………………………………………………………………………….. 352 Ex-595/2017 -251- APPENDIX - 10 REPORT OF EXECUTION (See Chapter XII) I hereby certify the sentence of death passed on __________ by the Court of Sessions and confirmed by the High Court, has been duly executed and the said ___________ was hanged by the neck until he was dead at _____________ on the _________________ . (Sd.) Medical Officer (Sd.) Superintendent (Sd.) Executive Magistrate 353 Ex-595/2017 -252- APPENDIX - 11 R EMISSION REGISTER (See Chapter XVIII) Prisoner’s Name……………………………………………. Prison………………………………… Sentence………………………………… Prisoner’s Number…………………………………………. Date of Commencement ……………… Date of Release…………………………. Month Ordinary Remission Annual Special State Date of Forfeiture Balance Initials Remission for good Remission Government Grant conservancy conduct Remission jobs Remission 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 354 Ex-595/2017 -253- APPENDIX - 12 M ATRIX OF MANDATORY DATA SETS TO BE SHARED AS PER LAW IN THE INTEGRATED CRIMINAL JUSTICE SYSTEM From Police Courts Prisons Prosecution FSL  FIR Details (IIF -  Categorization of  Request for legal  Property, I) - with copy of Prisoner  Opinion and advice Draft sample FIR Arrest  Arrest History, charge sheet along-with with Details (Arrest  whether prone to all documents annexed sample seal Memo) (IIF -III) escape Compliance of the points hereof for Accused Details  Details of Police raised in this scrutiny examinatio (IIF -I&III) Escort team with  Documents related to case n  Victim Details vehicle no Copy  All evidences  More info (IIF -I & V) of FIR  Police custody request required for  Property  Police report of and remand request examinatio involved in  Parole/ Furlough papers along -with n Crime (IIF -I &  Details of Escape  Status of the investigation  Control IV) Property attempts from  Reply of Bail requiremen Seizure Details police custody  Application along- with ts (IIF -IV) Witness  Photograph & status r eport and progress  Scene of Details (IIF -V) finger prints of of the investigation crime  Witness accused  The service of process on report verification  Police custody the witnesses  Any further Police details and transit  The status & details of the examinatio  Charge sheet/ remand order defence witnesses n required Final report (IIF-  Post mortem in the case V) report (for  Info about Supplementary prisoner who lie charge -sheet dies in prison detection  Bail by Police custody) on examinatio Details request basis n 355 Ex-595/2017 -254-  Criminal history of Accused including previous convictions, if any  Custody details in other matters Transit remand details, if any  Investigation details  Notice/ Warrants/ Summons against Accused in other matters  Reply of bail application  Case property disposal form  Preventive Action (Kalandras)  Details of Personal Search  Case Property release and Personal Search release 356 Ex-595/2017 -255-  Application submitted for TIP of accused and case property  FSL report  Permission of 39 Arms Act with FSL report  Report/response on misc. applications /queries Courts  Case details  Transfer of case from one court to another due to abolition/creation of Court or otherwise  Act & Sections with Nature of case if different from the FIR/Charge -sheet and Charges framed  FIR/Charge -sheet and Charges framed  Summons/Notices/ warrant  Prosecution/Defence/Court Witnesses appeared  Prosecution/ Defence/  Prisoner Details (as per Court Record  Conviction details with sentence  already undergone Act & Sections with Nature of case (as per Court Record) and Charges framed  Details of hearing with  Case details  Transfer of case from one court to another due to abolition/creation of Court or otherwise  Act & Sections with Nature of case if different from the FIR/Charge -sheet and Charges framed  Summons/Notices/ warrant  Proceeding details  Date of expert evidence  Priority of cases (under- trial, senior citizen etc.)  Intimation of judgments in cases where experts were examined 357 Ex-595/2017 -256- Court witnesses due for deposition  Reports required by Court Proceeding details (Daily orders) with next date Order/ Judgment details  Bail status with Surety details attendance of prisoner  Release Order details  Notices/queries and response on queries from Prison  Bail status with surety details  Detail of Complaints made by Prisoner in the Court  Victim’s details (for acceptance of compensation) (Daily orders) with next date Prosecution/ Defence/ Court Witnesses appeared Prosecution/ Defence/ Court Witnesses due for deposition  Bail status with Surety details  Order/ Judgment details Reports required by Court  Intimation of judgment delivered Prisons  Accused Prison Details  Details of  Bail/Parole/furlough Prison where release and reporting Accused is kept details or shifted to  Escape/misconduct/ crime  Reason for non - in jail production of  Details for lodging FIR the inmate  Transfer of Final release  Other details conviction 358 Ex-595/2017 -257-  Request for transportation details of the accused  Period spent in custody in a particular case  Future dates of production/ hearing in other cases of the accused  Report/ response on misc. applications/ queries Prosecutio  Scrutiny report/ Advice  Present  Status of the n on case whereabouts of case in  Details of prosecutor prosecution’s higher court Case proceeding briefing witnesses  Status of the case in  Service of higher court processes on witnesses  Details of Pre - occupation of Govt. witnesses with other courts FSL  Examination report of  FSL reports  FSL Reports 359 Ex-595/2017 -258- sample  Details of  Expert details Pre - occupation of FSL experts in other courts  Expertise available at respective labs 360 Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50 Ex-595/2017

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008AFFIDAVITI, Shri F. La lrimawia S/o Rualkhuma (L), R/o Hlimen, Aizawl, Mizoram, do hereby solemnly affirm and state as follows : 1.That I am a bonafide citizen of India and competent to swear this affida vit. 2.That I am working as Driver under Mizora m State Transport Department, Govt. of Mizoram. 3.That in my service book my name has been mistakenly written and recorded as Lalrimawia. However, my true and correct name is F. Lalrimawia. 4.That the purpose of this affidavit is t o correct my name as F. Lalr imawia which had been written as Lalr imawia in my sa id document. 5.That from now onwards my na me shall be written and recorded as F. Lalrimawia. 6.That the contents of this affida vit are true a nd correct to the best of my knowledge and belief, and nothing material has been concealed therein. IN WITNESS WHEREOF I have hereunto subscribed my hand and put my signature on this 26th day of September, 2017. Sd/- DEPONENT Identified by me :Signed before me : Sd/-Sd/- R.Lalhungliana BA(Hons) LLBR. ThangkanglovaNotarial Registration AdvocateAdvocate & Notary PublicNo. 1/9 Mission Veng ‘S’, MV - 86Aizawl : MizoramDate 26/9/17 VOL - XLVI Aizawl, Monday 9.10.2017 Asvina 17, S.E. 1939, Issue No. 596Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERSubj :Change of Na me No. A. 20018/3/2011-PCCF/44, the 4th October, 2017.Consequent upon the execution of Deed for change of name in pursuance of Office Memorandum No. A. 47012/1/2016-P&AR(GSW) Dt. 17.1.2017, Vansa ngpuia, Dr iver presently posted at PCCF Office, Aizawl is allowed to change his name as Vansangpuia Lawnthang. Hencefor th, he shall be known a s Vansa ngpuia Lawnthang and his name shall be written as such in his service records, all Official documents and correspondence and necessary entries shall be made in his Service Book/records. Lalram Thanga, Principal Chief Conservator of Forests, Environment, Forest s & Climate Cha nge. VOL - XLVI Aizawl, Monday 9.10.2017 Asvina 17, S.E. 1939, Issue No. 597Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 21015/1/2014-E-in-C/PHE/108, the 4th October, 2017.Change of name in respect of Vungkhanthanga, W/C Chowkider formerly na med as Vunga which has been done in complia nce with Chapter 57 of Swamy’s Complete Manual on Establishment and Administration and as per O.M issued by DP&AR(GSW) vide No. A-47012/1/2016-P&AR(GSW) dt. 17.1.2017 is hereby approved by Engineer-in- Chief, PHE Department who is the Appointing Author ity. Lalmuanzova, Engineer-in-Chief : PHED Mizor am : Aizawl. VOL - XLVI Aizawl, Monday 9.10.2017 Asvina 17, S.E. 1939, Issue No. 598Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 21015/1/2014-E-in-C/PHE/113, the 6th October, 2017.Change of name in respect of P.C. Lianthangpuia, W/C Assistant Plumber formerly named as Lia nthangpuia which has been done in compliance with Chapter 57 of Swamy’s Complete Manual on Esta blishment and Adminis tration and as per O.M issued by DP&AR(GSW) vide No. A-47012/1/2016-P&AR(GSW) dt. 17.1.2017 is hereby approved by Engineer-in-Chief, PHE Department who is the Appointing Author ity. Lalmuanzova, Engineer-in-Chief : PHED Mizor am : Aizawl. VOL - XLVI Aizawl, Monday 9.10.2017 Asvina 17, S.E. 1939, Issue No. 599Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008OFFICE ORDERNo. A. 21015/1/2014-E-in-C/PHE/112, the 6th October, 2017. Change of na me in respect of K. Lalnghahmawia, P lumber formerly named as Lalnghahmawia which has been done in compliance with Chapter 57 of Swamy’s Complete Manual on Establishment and Administration and as per O.M issued by DP&AR(GSW) vide No. A-47012/1/2016-P&AR(GSW) dt. 17.1.2017 is hereby approved by Engineer-in- Chief, PHE Department who is the Appointing Author ity. Lalmuanzova, Engineer-in-Chief : PHED Mizor am : Aizawl. VOL - XLVI Aizawl, Monday 9.10.2017 Asvina 17, S.E. 1939, Issue No. 600Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.B.13019/1/2017-AGR, the 3rd Octber,2017.The Governor of Mizoram is pleased to constitute a Team of Officers listed below. The Team so constituted should submit its findings and recommendations at the earliest to identify the problems faced by Oil Palm Farmers in Mizoram under the leadership of Consultant, Department of Agriculture with immediate effect and until further orders. 1.Pu R. Lalzirliana, DAO, Kolasib. 2.Pu R.K. Nithanga, Director, SAMETI. 3.Pu C. Lalthlamuana, Dy. Director (Oil Palm) Lalhmingthanga Secretary to the Govt. of Mizoram, Agriculture Department. VOL - XLVI Aizawl, Wednesday 11.10.2017 Asvina 19, S.E. 1939, Issue No. 601Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.J. 21011/1/2017-TAX/Vol-I/Pt, the 3rd Octber, 2017. In exercise of the powers conferred by section 168 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017) read with sub-rule (5) of rule 61 of the Mizoram Goods and Services Tax Rules, 2017 and Notification No.J.21011/1/2017-TAX/Vol-II/Pt-II dated the 12th September, 2017, the Commisioner, on the recommendations of the Council, hereby specifies that the return for the month as specified in column (2) of the Table below shall be furnished in FORM GSTR-3B electronically through the common portal on or before the last dates as specified in the corresponding entry in column (3) of the said Table, namely:- Table Sl.No.MonthLast Date for filling of return in FORM GSTR-3B (1)(2)(3) 1.August, 201720th September, 2017 2.September, 201720th October, 2017. 3.October, 201720th November, 2017. 4.November, 201720th December, 2017. 6.December, 201720th January, 2018 2.Pa yment of taxes for discharge of ta x liability as p er FORM GST R-3B: Ever y regis ter ed person furnishing the return in FORM GSTR-3B shall, subject to the provisions of section 49 of the said Act, discharge his liability towards tax, interest, penalty, fees or any other amount payable under the said Act by debiting the electronic cash ledger or electronic credit ledger, as the case may be, not later than the last date, as detailed in column(3) of the said Table, on which he is required to furnish the said return. Vanlalchhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. VOL - XLVI Aizawl, Wednesday 11.10.2017 Asvina 19, S.E. 1939, Issue No. 602Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.J.21011/1/2017-TAX/Vol-I/Pt(i), the 3rd October, 2017. In exercise of the powers conferr ed by sub-section 2 of section 23 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017), the Governor of Mizoram, on the recommendations of the Council, hereby specifies the casual taxable persons making taxable supplies of handicraft goods as the category of persons exemted from obtaining registration under the aforesaid Act: Provided that the aggregate value of such supplies, to be computed on all India basis, does not exceed an amount of ten lakh rupees. 2.The casual taxable persons mentioned in the preceding paragraph shall obtain a Permanent Account Number and generate an e-way bill in accordance with the provision of rule 138 of the Mizoram Goods and Services Tax Rules, 2017. 3.The above exemption shall be available to such persons who are making inter-State taxable supplies of handicraft goods and are availing the benefit of notification No. 8/2017 - Integrated Tax dated the 14th September, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide umber G.S.R.(E), dated the 14th September, 2017. Explanation - For the purposes of this notification, the expression “handicraft goods” means the products mentioned in column (2) of the Table below and the Harmonized System of Nomenclature (HSN) code mentioned in the corresponding entry in column (3) of the said Table, when made by the craftsment predominantly by hand even though some machinery may also be used in the process:- Table Sl. No.ProductsHSN Code (1)(2)(3) 1.Leather articles (including bags, purses, saddlery, harness, garments)4201, 4202,4203 2.Carved wood products (including boxes, inlay work, cases, casks)4415,4416 3.Carved wood products (including table and kitchenware)4419 4.Carved wood products4420 5.Wood turning and lacquer ware4421 6.Bamboo products [decorative and utility items]46 VOL - XLVI Aizawl, Wednesday 11.10.2017 Asvina 19, S.E. 1939, Issue No. 603 - 2 - Ex-603/2017 7.Grass, leaf and reed and fibre products, mats, pouches, wallets4601,4602 8.Paper mache a rticles4823 9.Textile (handloom products)including 50, 58, 62, 63 10.Textiles hand printing50,52,54 11.Zari thread5605 12.Carpet, rugs and durries57 13.Textiles hand embroidery58 14.Theatr e costumes61,62,63 15.Coir products (including mats, mattresses5705, 9404 16.Leather footwear6403,6405 17.Carved stone products (including statues, statuettes, figures of animals,6802 writing sets, ashtray, candle stand) 18.Stones inlay work68 19.Pottery and clay products, including terracotta6901,6909,6911, 6912, 6913, 6914 20.Metal table and kitchen ware (copper, brass ware)7418 21.Metal statues, images/statues vases, urns and crosses of the type8306 used for decoration of metals of chapters 73 and 74 22.Metal bidriware8306 23.Musical instruments92 24.Horn and bone products96 25.Conch shell crafts96 26.Bamboo furniture, cane/Rattan furniture 27.Dolls and toys9503 28.Folk paintings, madhubani, patchitra, Rajasthani miniature97 Vanlalchhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department.Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50

The Mizoram Gazette EXTRA ORDINARY Published by Authority RNI No. 27009/1973Postal Regn. No. NE-313(MZ) 2006-2008NOTIFICATIONNo.J.21011/1/2017-TAX/Vol-I/Pt(ii), the 3rd October, 2017. In exercise of the power s conferr ed by sub-section (3) of section 1 of the Mizoram Goods and Services Tax Act, 2017 (6 of 2017), the Governor of Mizoram hereby appoints the 18th day of September, 2017 as the date on which the provisions of sub- section (1) of section 51 of the said Act shall come into force with respect to persons specified under clauses (a) and (b) of sub-section (1) of section 51 of the said Act and the persons specified below under clause (d) of sub-section (1) of section 51 of the said Act, namely:- (a)an authority or a board or any other body,- (i)set up by an Act of Parliament or a State Legislature; or (ii)establishment by any Government, with fifty-one percent of more participation by way equity or control, to carry out any function; (b)society established by the Central Government or the State Govenmnet or a Local Authority under the Societies Registration Act, 1860 (21 of 1860); (c)public sector undertakings; Provided that the said persons shall be liable to deduct tax from the payment made or credited to the supplier of taxable goods or services or both with effect from a date to be notified subsequently, on the recommendations of the Council, by the Government of Mizoram. Vanlalchhuanga, Commr. & Secretary to the Govt. of Mizoram, Taxation Department. VOL - XLVI Aizawl, Wednesday 11.10.2017 Asvina 19, S.E. 1939, Issue No. 604Published and Issued by Controller, Printing & Stationery Department, Government of Mizoram Printed at the Mizoram Government Press, Aizawl. C/50