The Assam Prisons Act, 2013
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### THE ASSAM GAZETTE

###### EXTRAORDINARY

 gft^ W i sM P h s

 PUBLISHED BY THE AUTHORITY

2 1 7 ^ ^ , 30 OT’, 2013, 9 C5&, 1935 (*fa)

No.217 Dispur, Thuresday, 30th May, 2013, 9th Jaistha, 1935 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT ; : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 30th May, 2013

###### No. LGL.124/2011/5- The following Act of the Assam Legislative Assembly which received

 the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. XV OF 2013

 (Received the assent of the Governor on 20th May, 2013)

**THE ASSAM PRISONS ACT, 2013**


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1358 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

#### AN
 ACT

to consolidate the laws relating to prisons and persons detained

therein in the State of Assam.

**Preamble** Whereas it is expedient to consolidate the existing law relating to

prisons and persons detained therein to ensure humane care and to

protect the human rights of the offenders as well as other persons

committed to prisons; and

to provide correctional treatment and guidance to the offenders

committed to prisons so as to facilitate their rehabilitation as law-

abiding, responsible and useful members of society; and

to provide statutory support and guidelines for pursuing the

humanitarian, correctional and rehabilitative objectives of the prison

organization in the State of Assam;

It is hereby enacted in the Sixty - fourth Year of the Republic

of India as follows : —

**CHAPTER 1**

**PRELIMINARY**

**Short title,** 1. (1) This Act may be called the Assam Prisons Act,
**extent and**

2013.

**commen­**
**cement**

(2) It extends to the whole of the State of Assam.

(3) It shall come into force on such date as the State

Government may, by notification in the Official Gazette,

appoint.

**Definitions** 2. In this Act, unless the context otherwise requires, - -

(1) “State” means the State of Assam;

(2) “State Government" means the Government of

Assam;--


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013
1359

(3) “appropriate Government”'in relation to suspension,

remission or commutation of sentence means -

(a) in cases where the sentence is by a Court

Martial^ the Central Government or any officer of

the Armed Forces of the Union empowered

under any law in force to suspend, remit or

commute a sentence passed by a Court'Martial;

and

(b) in cases where the sentence is by a Court other

than a Court Martial, -

(i) if the sentence is of death or is for an

offence against any law relating to a

matter to which the executive power of the

Union extends, the Central Government;

and

(ii) if the sentence, whether of death or not, is

for an offence against any law relating to

a matter to which the executive power of

the State extends, the Government of the

State or. Union Territory within which the

sentence is passed;

(4) “court” includes any officer or authority

empowered to commit a person to prison by any writ,

warrant or order under any law in force including any law

providing for preventive detention;

_t_

(5) “prison", which is synonymous with “jail”, means

an institution established and so declared under section 3

for the detention and correctional treatment of offenders

and for the detention of such other persons as may be

committed to custody under any law, but does not include -

(a) any place used or appointed for the detention

of persons exclusively in the custody of the

"police;


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1360 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

. (b) any place, specially appointed- by , the State Central

Act 2 of

Government under section 417 of the Code of

1974

Criminal Procedure, 1973;

(c) any institution established under the Assam

Assam

Borstal Institution Act, 1968; Act 1 of

1969

(d) any institution established or certified or

Central

recognized under the Juvenile Justice (Care & Act 56

of 2000

Protection of Children) Act, 2000.

(6 ) “central jail" means a class of prison meant for

| ;
!

centralised detention and correctional treatment of : i

offenders sentenced[r] to relatively long terms of

imprisonment and also for detention of. such other class or

classes of persons as specified by rules made under this

Act and orders made under such rules;

(7) “district jail” means a class of prison meant for

detention- of all classes of persons committed by the

Courts of a district or a sub-division thereof;

(8) “sub-jail”, which is synonymous with “subsidiary

jail’’,, means a class of .prison meant for detention of

undertrial persons committed by the Courts of a district or

a sub-division thereof;

(9) "special.jail” means a class of prison meant for

detention of such class or classes of persons as specified

by rules made under this Act and orders made under such

rules;

(10) “open jail” means,,, a class of prison with a

demarcated periphery but without any high enclosure wall

and meant .for detention of offenders sentenced to

relatively long terms of imprisonment, after satisfactorily

serving a part of such imprisonment in closed prisons, with

a view to developing their sense of responsibility, self­

discipline and self-esteem prior,to release from prison;

(11) “Offence” means an act or omission punishable


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1361

(12) “offender" means a person convicted of any

offence;

(13) “prison offence” means such act or omission

on the part of an inmate as specified in section 70 and

made punishable under section 71 and sub-section (1) of

section 74;

(14) “inmate" means a person detained in prison

under the writ, warrant or order of any Court;

(15) “adult inmate" means an inmate who has

attained the age of twenty-one years;

(16) “adolescent inmate" means an inmate who has

attained the age of eighteen years, but has not attained

the age of twenty-one years;

(17) “convicted inmate” means an inmate under a

sentence of death or imprisonment imposed on conviction

by a Court exercising criminal jurisdiction or by a Court

Martial, and includes a person committed to prison in

default of furnishing security to keep the peace or be of

good behaviour under section 122 of Chapter VIII of the

Central

Code of Criminal Procedure, 1973, or in default o f’

Act 2 of

payment of maintenance under section 125 of Chapter IX 1974

of the said Code,

(18) “undertrial inmate" means a person accused of

an offence and committed to prison by a Court exercising

criminal jurisdiction or by a Court Martial pending the

investigation, inquiry or trial of such offence;

(19) “civil inmate" means a person committed to

prison by a Court exercising civil jurisdiction or by an

officer under any law relating to recovery of public

demands;

(20) “detenu” means a person committed to prison

under any law providing for preventive detention;


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1362 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 V

(21) “inmate of unsound mind" means -

(a) a person accused of an offence, who is

alleged to be of unsound mind and is **Central**

**Act 2 of**

committed to prison under section 328 of **1974**

the Code of Criminal Procedure, 1973

pending medical examination, or

(b) a person accused of an offence, who is

found to be of unsound mind and

**Central**

consequently incapable of making his **Act 2 of**

**1974**

defence and is committed to prison under

section 330 of the Code of Criminal

Procedure, 1973 for safe custody, or

(c) a person acquitted of an offence on

**Central**

grounds of unsoundness of mind, who is **Act 2 of**

**1974**

committed to prison under section 335 of the

Code of Criminal Procedure, 1973 for safe

custody, or

(d) a convicted inmate who is found to be of

unsound mind;

(22) “separate confinement" means such

confinement as secludes an inmate from communication

with, but not from the sight of, other inmates, and allows

him not less than one hour's exercise per day and to have

his meals in association with one or more other inmates;

(23) “imprisonment” includes imprisonment for life;

(24) “imprisonment for life" means imprisonment for

the entire life of the person under sentence of

imprisonment for life, unless such sentence is remitted

earlier by the appropriate Government;

(25) “prohibited article" means an article, the

introduction or removal of which into or out of a prison is

prohibited byany rule made under this Act;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1363

(26) “history ticket” means the ticket exhibiting such

information in respect of an inmate as is specified under

this Act or prescribed by rules made thereunder;

(27) “remission* means a concession granted under

the provisions of section 65 to a convicted inmate, as a

consequence of which the sentence of imprisonment,

except where the sentence is one of imprisonment for life,

of the inmate is shortened;

(28) “furlough” means the temporary conditional

release of a convicted inmate on leave or on emergency

grounds granted under the provisions of section 66;

(29) “parole” means the premature conditional

release of a convicted inmate granted under the provisions

of section 67;

(30) “day-retease" means conditional release of a

convicted inmate during the day time granted under the

provisions of section 68;

(31) "Inspector General” means the Inspector

General of Prisons, Assam;

(32) "Superintendent” means the Superintendent of

a prison;

(33) “Medical Officer” means a Doctor appointed as

Medical Officer of a prison;

(34) “officer of a prison” means an officer appointed

under section 8;

(35) “prescribed" means prescribed by rules made

under this Act;

(36) “section" means section of this Act.


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1364 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

(37) the word “he" and its derivatives shall be

construed to mean any person, whether male or female;

Central

(38) words and expressions used in this Act and

Act 45

not defined herein but defined in the Indian Penal Code, of 1860

and

1860 and the Code of Criminal Procedure, 1973 shall have Central

Act 2 of

the same meanings as assigned to them in the said

1974

Codes.

**CHAPTER-II**

**ESTABLISHMENT OF PRISON**

**Establish­** 3. (1) The State Government shall establish as many
**ment of**

prisons, constructed in such manner as to comply with the

**Prison**

requirements of this Act and rules made thereunder, as

may be necessary for detention and correctional

treatment of offenders and for detention of such other

persons as may be committed to custody under any law,

and shall declare each, of the prisons so established as

Centra! Jail, District Jail, Sub-Jail (which is synonymous

with Subsidiary Jail), Special Jail, Open Jail or such other

class of prison as may be considered necessary, each

class of prisons being meant for detention of such class or

classes of persons as prescribed by rules made under this

Act and orders made under such rules.

(2) Whenever it appears to the Inspector General that -

(a) there is likelihood of arrest of persons at any

place within the State in connection with any

agitation, demonstration or satyagraha and in

such large number as cannot conveniently or

safely be kept in the prison situated within or

near such place, or

(b) the number of inmates in any prison is greater

than can conveniently or safely be kept therein

aod it is not convenient or safe to transfer the


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1365

(c) due to the outbreak of any epidemic disease

within any prison, or for any other reason, it is

desirable to temporarily provide for some

alternative accommpdation for any inmates;

temporary prison shall be established and so declared by

such officer and in such manner as the State Government

may by rules made under this Act prescribe or by general

or. special orders direct, to provide for accommodation of

so many of the persons or inmates as cannot conveniently

or safely be kept in the prison established under sub­

section (1)

**CHAPTER-III**

**RIGHTS AND DUTIES OF INMATES**

**Rights of** **4.** (1) Subject to the provisions of any law for the time
**inmates**

being in force and conditions which may be prescribed, all

inmates shall, --

(a) have the right to live with human dignity;

(b) be entitled to adequate diet, health and medical

care, clean hygienic living conditions and proper

clothing;

(c) have the right of communication which includes

contact with his family members and other

persons;

(d) have the right of access to any court of law for

fair and speedy justice.

(2) No inmate shall be deprived by the State of any

fundamental rights conferred on him under Part III of the

Constitution except in accordance with the provision of any

law for the time being in force.


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1366 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

###### Duties of 5. It shall be the duty of every inmate, — inmates

(a) to obey lawful orders and instructions of any

officer of a prison and other competent authority;

(b) to abide by the prison rules and regulations

applicable to him;

(c) to maintain the standard of cleanliness, hygiene,

and personal discipline required to be

maintained under any law or lawful instructions;

(d) to respect human dignity of fellow inmates,

prison staff and others;

(e) to refrain from making false or exaggerated

allegations;

(f) to abstain from hurting religious feelings, beliefs

and faith of others;

(g) to use Government property with care and not to

damage or destroy,

negligently or willingly, such property;

(h) to assist the prison authorities in performance of

their duties;

(i) to maintain discipline and order; and

(j) to preserve and promote correctional and

reformative environment and be responsive to it.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1367

**CHAPTER- IV**

**ORGANISATIONAL STRUCTURE**

**Inspector** 6. (1) The State Government shall appoint an Inspector
**General,**

General of Prisons who shall be the head of the prison

**etc.**

organization and operate from the prison headquarters. He

shall, subject to the direction and control of the State

Government, —

(a) exercise general superintendence and

control of all the prisons in the State;

(b) plan, organize, direct, co-ordinate and

control the various programmes and

activities relating to the prisons in the State

and the inmates thereof; and

(c) exercise such .other powers and perform

such other functions as may be prescribed.

(2) The State Government shall appoint such number

of Administrative Officer-cum-Law Officer as may be

considered necessary, who shall assist the Inspector

General at the prison headquarters and shall, subject to

the control of the Inspector General, exercise such powers

and perform such functions of the Inspector General as the

State Government may, by rules made under this Act

prescribe or by general or special orders direct, or the

Inspector General may, subject to the orders of the State

Government, delegate.

                                                                                                                  - ? t •

(3) The State Government shall appoint or provide for

appointment of such other officers as may be necessary to

assist the Inspector General, the Additional Inspectors

General, the Deputy Inspectors Genera! and the Assistant

Inspectors General of Prisons at the prison headquarters.


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1368 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013
X-

**Prison** 7. (1) The State Government shall divide the entire
**Ranges**

geographical area of the State into as many prison ranges

as may be considered necessary, specifying their territorial

jurisdictions. Each prison range shall be headed by a

Deputy Inspector General of Prisons, supported by such

other officers as may be necessary.

(2) The Deputy Inspector General of Prisons in charge

of a prison range shall supervise the administration of the

prisons falling within his territorial jurisdiction and report

directly to the Inspector General of Prisons.

**Superinten­** 8. (1) For every prison, the State Government shall appoint
**dent and**

or provide for appointment of a Superintendent, one or

**other**
**Officers of** more Medical Officers, a Jailer (one or more Jailers for a
**Prisons**

Central Jail), a Welfare Officer, two or more Deputy

Jailers, a Chief Head Warder (except for a sub-Jail), one

or more Chief Head Warders for a Central Jail, one or

more Pharmacists and such numbers of Head Warders,

Warders, vocational instructors, educational instructors,

physical instructor with yoga instructor, for male and

female, ministerial officers, nurses and such other officers

as may be considered necessary :

Provided that in case of a Sub-Jail located at a

district headquarter or a sub-divisional headquarter, --

(a) the District Magistrate concerned or the Sub-

Divisional Magistrate, as the case may be, shall be the ex-

officio Superintendent of the Sub-Jail or he may entrust an

Executive Magistrate to act as the Superintendent of the

said Sub-Jail; and

(b) the Joint Director of Health Services concerned

or the Sub-divisional Medical and Health Officer, as the

case may be, shall be the ex-officio Medical Officer of the

Sub-Jail or he may entrust a Medical and Health Officer to

act as the Medical Officer of the said Sub-Jail;


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1369

Provided that the State Government may not

provide for appointment of a Jailer for a Sub-Jail, in which

case the senior most Deputy Jailer of the Sub-Jail shall be

deemed to be the Jailer for the purposes of this Act.

(2) The State Government shall also appoint such

numbers of (i) Psychologist or Psychoanalyst and (ii)

Psychiatrist as may be deemed necessary for the prisons

of the State.

**Functions** **9. (1) The Superintendent shall be the officer in charge of**

**Superinten-** **p r** **'s o n ’** **[a n c]** ***** s u bject to the direction and control of

**dent** the Inspector General, -

(a) manage the prison in all matters

connected therewith;

(b) implement the various programmes and

activities relating to the prison and the

inmates thereof;

(c) keep or cause to be kept such records

and registers in such manner and in such

forms as may be prescribed;

(d) exercise such powers and perform such

other functions as may be prescribed.

(2) Subject to such general or special directions as

may be given by the State Government, the

Superintendent of a prison shall obey all orders, net

inconsistent with this Act or any rule made thereunde ,

which may be given in respect of the prison by the District

Magistrate, and shall reoort to the Inspector General al'

such orders and the action taken thereon.

**Functions** **10.** (1) The Medical Officer shall be the officer in charge u.
**of Medical**

sanitary and health administration of the prison, and sha

**Officer**

subject to the control of the Superintendent except ft


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1370 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

(2) The Medical Officer shall report in writing to the

Superintendent any matter of importance connected with

the sanitation in the prison or health and hygiene of the

inmates, together with such observations and

recommendations as he may think proper.

(3) Whenever the Medical Officer has reason to

believe that the. physical of mental health of an inmate is,

or is likely to be, injuriously affected by the discipline or

treatment to which he is subjected, the Medical Officer

shall report the case in writing to the Superintendent,

together with such observations and recommendations as

he may think proper

**Functions** **11.** (1) The ja ile r shall be the immediate subordinate
**of Jailer**

officer to assist the Superintendent in the management of

the prison, and shall, subject to the orders and control of

the Superintendent, perform such functions as may be

prescribed.

(2) The Jailer shall take temporary charge of the prison

during the absence of the Superintendent on tour or

otherwise, and while holding such temporary charge he

may be allowed, by order of the Inspector General, to

exercise all the powers vested in the Superintendent:

Provided that in case of a Central Jail having

more than one Jailer, the Jailer in this sub-section shall

mean the seniormost Jailer.

(3) The Jailer shall reside in the prison, unless the

Superintendent permits him in writing to reside elsewhere.

He shall not be absent from the prison for a night without

permission in writing from the Superintendent; but, if he

remains absent without leave for a night from the prison

due to unavoidable reasons, he shall immediately report

the fact and the cause of it to the Superintendent.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1371

(4) The Jailer shall visit every part of the prison and

see every inmate at least once a day.

(5) On the death of an inmate, the Jailer shall give

immediate notice thereof to the Superintendent and the

Medical Officer. -

(6) The Jailer shall report every day in writing to the

Superintendent all matters of importance connected with

the day-to-day administration of the prison.

(7) The Jailer shall be responsible for the safe

custody of the records and registers to be kept under this

Act or rules made thereunder, the writs, warrants and

orders of the Courts and all other documents confided to

his care, and the money and other articles taken from the

inmates.

**Functions** **12.** The Deputy Jailers shall, subject to the control of the
**of Deputy**

Superintendent and the Jailer, perform such functions of

**Jailer**

the Deputy Jailer as the Superintendent may by order

entrust.

**Functions** **i** **13.** Every other officer of a prison, not mentioned in

**of other**

sections 9 to 12, shall obey the chain of command as fixed

**officers of**
**prisons** by ruies made under this Act or by the Inspector General,

and shall, —

(a) if he is not subordinate to the Jailer, be

subject to the control of the Superintendent,

and perform such functions as may be

prescribed by rules made under this Act or

entrusted by the Superintendent;

(b) if he is subordinate to the Jailer, be subject to

the control of the Superintendent and also of

the Jailer, and perform such functions as may

be prescribed by rules made this Act or

entrusted by the Superintendent or entrusted[1]

by the Jailer subject to the general or special


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1372 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

Search at 14 Subject to rules made under this Act, the officer in
main gate

charge of the main gate of a prison or any other officer of

the prison, may examine anything carried into or out of the

prison, and may stop and search or cause to be searched

any person suspected of bringing any prohibited article

into or out of the prison, or of carrying out any property

belonging to the prison, and, if such article or property be

found, shall give immediate notice thereof to the Jailer:

Provided that the search of a female person shall

be carried out by a female officer.

Conditions 15, (1) Residential accommodation shall be provided on
as to

the premises of a prison for all or as many of the officers of

residence
of officers the prison as possible, and the accommodation so
of prisons

provided shall be free of rent.

(2) Every officer of a prison for whom free residential

accommodation is provided on the premises of the prison

shall reside therein,

(3) The Superintendent of a prison residing on the

premises of the prison shall not be absent from the said

premises for a night except on leave or on tour or from any

unavoidable necessity.

(4) Every other officer of a prison residing on the

premises of the prison shall not be absent from the said

premises for a night without permission in writing from the

Superintendent or, In case of an officer subordinate to the

Jailer, from the Jailer, but if he remains absent without

permission for a night from the said premises due to any

unavoidable necessity, he shall immediately report the fact

and the cause of it to the Superintendent or, in case of an

officer subordinate to the Jailer, to the Jailer.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013
1373

**Officers not** **16.** (1) No officer appointed under section 6 or 8 shall
**to engage**

engage, directly or indirectly, in any trade or business or in

**in trade,**
**etc. or be** any other employment,
**interested**
**in prison**
**contracts or** (2) No officer appointed under section 6 or 8 shall
**have**

have any interest, direct or indirect, in any contract for the

**unauthorize**
**d dealings** supply of any prison; nor shall he derive any benefit,
**with**

directly or indirectly, from the sale or purchase of any

**inmates**

article on behalf of any prison or belonging to any inmate

of a prison.

(3) No officer appointed under section 6 or 8 shall sell

or let, or derive any benefit from selling or letting, any

article to any inmate of a prison or have any monetary or

other business dealings of an unauthorised nature, directly

or indirectly, with any inmate of a prison.

**Officers of** **17.** (1) No officer of a prison shall, in his dealing with the
**prisons not**

inmates, use force except in self-defence or in the

**to use force**
**with** repression of disturbances or in cases of attempted
**inmates**

escape by any inmate from the prison or physical

resistance to any lawful order.

(2) Any officer having recourse to force in the event of

any of the contingencies mentioned in sub-section (1),

shall use no more force than is strictly necessary, and

shall immediately report the fact and the cause of it to the

Superintendent or, in case of an officer subordinate to the

Jailer, to the Jailer.

**Convict** **18.** (1) The State Government may by rules made under
**officers**

this Act provide for appointment of such convicted inmate

and in such manner to be an officer of the prison and to

perform in that capacity such functions and subject to such

regulations as may be prescribed.

(2) An inmate who is appointed as an officer of the

Central

prison under this section shall be deemed to be a public

Act 45

of 1860

servant within the meaning of section 21 of the Indian


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1374 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

**Offences by** **19.** (1) Every officer of a prison, who shall be guilty of any
**officers of**

violation, breach or neglect of any rule, regulation or lawful

**prisons**

orders shall, --

(a) in cases where such violation, breach or

neglect constitutes an offence punishable

under section 75 or 76 of this Act or under

any other law for the time being in force, be

liable on conviction before a Court of law, to

be so punished;

(b) in other cases, be liable to such punishment

and in such manner as may be prescribed.

I

(2) No officer shall, under this section, be punished

twice for the same offence.

**CHAPTER - V**

**BOARDS**

**State** **20.** The State Government shall constitute a State

**Advisory**

Advisory Board on Correctional Administration with the

**Board on**
**Correctio­** following objectives: —
**nal**

**Administra­**
**tion** (a) to advise regarding well-being and welfare of all

inmates of the prisons;

(b) to advise regarding correctional treatment and

guidance of the convicted inmates with a view

to their rehabilitation as law-abiding,

responsible and useful members of the society;

(c) to suggest ways of improving the levels of co­

ordination between Administration of Justice,

Police Administration and Prison

Administration;

(d) to suggest measures for creating social

consciousness for the rehabilitation of

offenders


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1375

**Board of** **21.** The State Government shall, by notification tn the
**Visitors**

Official Gazette, constitute a Board of Visitors, for each

prison, in the case of prisons in district headquarters

consisting of the District Magistrate as Chairman, the Chief

Judicial Magistrate and four non-official members and in

the case of prisons at sub-divisional headquarters

consisting of the Sub-divisional Magistrate as Chairman,

the Sub-divisional Judicial Magistrate and two non-official

members, in the manner and procedure as may be

prescribed.

**Review** **22.** The State Government shall constitute a Review
**Board**

Board' in the manner as may be prescribed to review the

cases of inmates under sentence of imprisonment and

recommend their premature release under any law,

including parole and day-release under sections 67 and 68

of this Act.

**CHAPTER-VI**

**ADMISSION, DETENTION AND**

**CLASSIFICATION**

**Admission** 23. (1) Subject to the provisions of section 24, any person
**and**

duly committed to prison by any writ, warrant or order

**detention of**
**persons** issued or made by a Court shall be admitted and detained
**duly**

in prison according to the exigency of such writ, warrant or

**committed**
**to prison** order, or until such person is removed or discharged in

due course or law.---------------------------------------------------------

(2) Every such writ, warrant or order as aforesaid

shall, forthwith after the execution thereof or after the

discharge of the person committed thereby, be returned to

the Court by which the same was issued or made, together

with a certificate endorsed thereon and signed by the

Superintendent of the prison, showing how the same has

been executed or why the person committed thereby has

been discharged from prison before execution thereof.


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1376 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

**Ban on** **24.** (1) Persons of unsound mind who are not accused or
**admission**

convicted of any offence shall not be admitted and

**and**
**detention of** detained in a prison.
**persons of**
**certain**

(2) No person shall be admitted and detained in a

**categories**

prison by way of protective custody or safe custody or on

the ground of being required for giving evidence or being a

victim of offence:

Provided that a person of unsound mind

committed to prison for safe custody under section 330 or

section 335 of the Code of Criminal Procedure, 1973 shall Central '

Act 2 of

be admitted in prison and dealt with in accordance with 1974 |

law.

I
i

(3) Juveniles, that is, persons who have not attained

the age of eighteen years shall not be admitted and

detained in a prison :

Provided that a child under six years of age shall

be admitted and kept in prison with its mother or, in

exceptional cases, with its father or in absence of its

parents with its legal guardians till attainment of the age of

six years if it cannot be placed with relatives or otherwise

properly kept elsewhere.

(4) Persons required to give security for keeping the

Central

peace or for good behaviour in accordance with the

Act 2 of

provisions of the Chapter Vill of the Code of Criminal 1974

**--------------------- Procedure, 1073 shall** **not bo admitted and detained in**

prison except under section 122 of the said Code.

**Particulars** **25.** At the time of admission of a.person in prison, the

**recorded on** f o , , o w in 9 a n < i s u ch o t h e r particulars shall be entered in

**admission** such register as may be prescribed : -

(a) particulars concerning his identity, including

height, complexion, personal peculiarities, if

any, and marks of identification;

_ (b) reasons and authority of his commitment to


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1377

(c) date and hour of his admission in prison; and

(d) name and address of nearest relative to be

notified in case of emergency.

**Search on** **26.** (1) Every inmate shall on admission be required to
**admission**

declare the money and other articles in his possession and

also be searched by, or by order of, the Jailer in a manner

consistent with decency and reasonable privacy:

Provided that the search of a female inmate shall be

carried out by a female officer by order of the Jailer.

(2) All money, jewellery and other valuables,

prohibited articles, weapons and other articles found in the

possession of the inmate on admission which the Jailer

finds it contrary to the rules as may be prescribed, or

deems it dangerous or inexpedient, to leave in the

possession of the inmate shallbe taken from him and

placed in the custody of the Jailer to be dealt with in the

manner prescribed.

**Medical** **27.** Every newly admitted inmate shall, as soon as
**examina­**

possible after admission, be examined by the Medical

**tion on**
**admission** Officer, who shall enter in the prescribed register a record

of the inmate’s health and of any wounds or marks on his

person, the class of labour he is fit for if sentenced to

rigorous imprisonment, and any observations which, the

Medical Officer thinks fit to add:

Provided that the examination of a female inmate

shall be carried out in the presence of a female officer.

**Taking of** **28.** As soon as may be after the admission of an inmate,
**photograph**

his photograph, thumb impression and signature in full

**etc.**

shall be taken and preserved in .such manner as may be

prescribed.

**Quarantine** **29.** Every newly admitted inmate shall be subjected to
**on**

such period of quarantine as may be prescribed or

**admission**

directed by the Superintendent on the advice of the


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1378 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

**Orientation** **30.** As Sd&n as possible after the admission of a person
**on**

in prison, th® Welfare Officer shall, -

**admission**

i s

(a) inform him about his rights and duties, and

explain to him the institutional rules, regulations,

routine, discipline, amenities and facilities;

(bp®nquire about his individual problems and help

him find a solution;

(c) prepare him for a positive adjustment with the

institutional environment; and, if the person is a

. » r

convicted person, —

(d) study him to assess his personality, background,

1 '" needs, aptitudes and capacities;

' . . . ' . f j i

(e) inform him about the correctional and

rehabilitative facilities available to him and

encourage him to make a constructive use of the

_i_ _1_

same;

1 ,;- ’s» .

(f) plan a suitable institutional programme for him.

**Classifica­** **31.** (1) As soon as possible after the orientation of a
**tion for**

convicted person, whose sentence of imprisonment after

**correction-**
**nal** setting[1] off the period of detention pending investigation,
**treatment**

inquiry or trial ’of the offence, is not less than such period

**and training**

as may be prescribed by rules made under this Act, a

Classification Committee consisting of the Superintendent

as Chairman;' the Medical Officer, the Jailer and the

Welfare Officer as members, shall decide upon a suitable

programme of correctional treatment and training for him in

the light of his individual needs, aptitudes and capacities

and with a viewto his social rehabilitation,

(2) All such inmates shall be classified by the

Classification Committee into homogenous groups in

terms of sex, age, type and frequency of offence

committed, and health, both physical and mental, for the

purpose of such treatment and training as aforesaid.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1379

(3) The Classification Committee shall at suitable

intervals review the response of such inmates to such

treatment and training, and, if found necessary, shall

reclassify any of such inmates by suitably adjusting the

programme of such treatment and training for him.

**Property of** 32. (1) An entry specifying the money and other articles
**inmates**

taken from an inmate on admission shall be made in the

prescribed register, which the inmate shall be required to

sign or mark.

(2) Any money or other articles received from outside

the prison with proper authority on behalf of an inmate

shall also be dealt with as aforesaid.

(3) All money and other articles taken from an inmate

as aforesaid shall, except in so far as he has been

authorised to spend any such money or use any such

article or send any such money or article out of the prison,

or in so far as any prohibited or other article has in the

manner prescribed been destroyed, be returned to him at

the time of discharge from prison, and he shall be required

to sign or mark the prescribed register in token of receipt

of the money and other articles so returned to him.

**Intimation** 33. (1) As soon as possible after the admission of a person
**of**

in prison, the Superintendent shall send intimation to his

**admission,**
**transfer,** family or nearest relative about his admission in the prison,
**illness and**

unless the period for which the person is committed to

**death**

prison is so short that such intimation cannot be

reasonably expected to reach his family or nearest relative

before the date on which he is due to be discharged from

prison.

(2) The Superintendent shall send immediate

intimation to the family or nearest relative of an inmate

upon transfer of the inmate from the prison or upon serious

illness, serious injury or death of the inmate in the prison.


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1380 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

**Accommo­** 34. Subject to the following requirements, the inmates
**dation of**

may be accommodated either in association or individually

**inmates**

in cells or rooms or partly in one way and partly in the

other:—

(a) female and male inmates shall be kept in

separate enclosures, or, where it is not possible,

be kept in separate buildings or separate parts

of the same building in such a manner as to

seclude the female inmates from communication

with, and sight of, the male inmates;

(b) adolescent male inmates shall be kept apart

from adult male inmates;

(c) undertrial inmates shall be kept apart from

convicted inmates;

(d) detenus and civil inmates shall be kept apart

from convicted and undertrial inmates;

(e) inmates of unsound mind shall be kept apart

i L from other inmates.

(f) inmates belongs to extremist, terrorist and the

criminals dangerous in nature and

unsoundmind shall be kept apart from other

inmates.

**Inmate** 35. An inmate whose sentence of death becomes final,
**under**

conclusive and executable without any further scope of

**sentence of**
**death** annulment by any judicial or constitutional procedure shall

be confined in a cell or room apart from other inmates and

shall be placed by day and night under the watch of an

officer of the prison, but shall not be secluded from

communication with, and sight of, other inmates, or, unless

special circumstances exist, be debarred from having his

meals in association of one or more other inmates.


-----

      - THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1381

**Inmate** 36. The cell or room used for keeping an inmate under
**under**

separate confinement as a punishment for prison offence

**separate**
**confine-*** or for any other reason shall be furnished with the means-
**ment**

of enabling the inmate to communicate at any time with an

officer of the prison and the inmate shall be visited at least

once a day by the Medical Officer.

**Measure of** 37. (1) No inmate shall be subjected to any measure of
**restraint** **> i •**

restraint to curtail substantially his limited liberty within the

prison, or while in transit, except as provided in this Act or

rules made thereunder.

(2) Under exceptional circumstances where, with

reference to the state of the prison or the character of any

inmate or both, the Superintendent considers it necessary

for the safe custody of such inmate, or for the safety of the

inmate himself or of any other inmate, that such inmate

should be subjected to physical restraint, he may, for

reasons to be recorded in writing and subject to rules

made under this Act in this behalf, —

(a) confine the inmate in a cell or room apart from

other inmates subject to the. conditions that he

shall not be secluded from communication with,

and sight of, other inmates, or, unless special

circumstances exist, be debarred from having 1

his meals in association of one or more other

x inmates; or

(b) confine the inmate in chain fetters of such

description as may be prescribed by rules made

under this A ct:

Provided that - -

(i) no inmate shall be confined In chain fetters

under this sub-section unless prior

permission of a Court having jurisdiction. Js

obtained for confining the inmate in chain


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1382 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

(ii) no chain fetters shall be imposed on any

female inmate, civil inmate of detenu;
t

(iii) no kind of fetters other than chain fetters shall

be -imposed on any inmate under this sub­

section;

_(iv)_ both the measures of restraint mentioned at

clauses (a) and (b) of this sub-section shall

not be imposed on any inmate at the same

time.

(3) The Superintendent shall review his order undej

sub-section (2) at intervals of not more than one month,

and shall by order withdraw the measure of restraint

whenever he is of opinion that this can be done with safety

or on the recommendation of the Medical Officer at any

time on the grounds that its continuance is injurious to the

health of the inmate:

Provided that the continuance of any

measure of restraint imposed under sub-section (2) for a

period exceeding three months shall be subject to prior

approval of the Inspector General.

(4) While escorting an inmate from one prison to

another, or from a prison to court or hospital or any other

place and back, no handcuff shall be imposed on him

unless prior permission of a Court having jurisdiction is

obtained for imposing handcuffs on him while being

escorted as aforesaid.

Extramural .38. An inmate when being taken to or from any prison in

anchsontrol w h ic h h e b e lawfully detained, or when he is working

of inmates outside or is otherwise beyond the limits of any such

prison, in or under the lawful custody or control of an

officer of such prison, shall be deemed to be in prison and

shall be subject to all the same incidents as if he were

actually in prison.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1383

**Discharge** **39.** (1) No inmate shall be discharged from prison against
**of inmates**

his will if labouring under any acute or dangerous

distemper until, in the opinion of the Medical Officer, such

discharge is safe.

(2) The Superintendent shall forthwith report the

case of any inmate whose discharge is not effected on

grounds as aforesaid to the Court under whose writ,

warrant or order the inmate is committed to prison as well

as to the Court or authority, if different from the Court

aforesaid, making the order for discharge of the inmate.

**CHAPTER-VII**

**LEGAL DEFENCE AND AID**

**Legal Aid at** **40.** (1) Where an undertrial inmate is not represented by a
**State**

pleader in the case or cases in which he is detained and,

**expense in**
**certain** on submission of application by the undertrial inmate
**cases**

expressing his inability to engage a pleader, where it

appears to the Superintendent of the prison that the

inmate is, for good reason, unable to engage a pleader to

exercise his right to be released on bail or on his own bond

under the relevant provisions of law or to be defended in

the trial of such case or cases, the Superintendent shall C e n tra [| ]

refer the name and particulars of such undertrial inmate to Act 39

of 1987

the Secretary of the District Legal Services Authority

constituted under section 9 of the Legal Services

Authorities Act, 1987 for providing legal services at the

expense of the State.

(2) Where a convicted inmate makes an appeal or an

application for revision, and where it appears to the f

Superintendent of the prison that the inmate is, for good

reason, unable to engage a pleader to represent him in the

appellate or revisional court, the Superintendent shall

cause a prayer to be made by such inmate for assigning a

pleader for him at the expense of the State and

immediately forward such prayer to the appellate or


-----

1384 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

Copy of 41. (1) Where a person is committed to prison under a
**Judgment**

sentence of death of imprisonment and the copy of

Central
judgment to be furnished to him free of cost under section A c t 2 [ of ]

363 of the Code of Criminal Procedure, 1973 is sent by the 1 9 7 4

sentencing Court to' the Superintendent of the prison for

delivery to the person sentenced, the Superintendent shall

immediately cause it to be delivered to such person and

obtain written acknowledgement thereof from him.

(2) Where such copy is not furnished by the Court

and such person desires to make an appeal against, or a’n

application for revision, suspension, remission or

commutation of, such sentence, the Superintendent shall

immediately apply to the Court for such copy,

**Facilities** 42. (1) The Superintendent shall inform every convicted
**for appeal,**

inmate of . his right to prefer appeal or application' for

**etc.**

revision, suspension, remission or commutation of his

sentence, and of the period within which such appeal or

application is to be made.

(2) Any convicted inmate desiring io make an appeal

or application as aforesaid shall be granted every

reasonable facility for that purpose by the Superintendent,

who shall, if such'inmate is unable to write his appeal or

application, cause his appeal or application to be written

by an officer of the prison.

, (3) The presentation of an appeal or an application for

                           - Central
revision to the Superintendent shall, for the purpose of the A c t 3 6

Limitation Act, 1963, be equivalent to presentation to the o f 1 9 6 3

appellate or revisional Court.

(4) The Superintendent shall not withhold any appeal

or application for revision even though it is apparently

barred by limitation, but shall forward it to the appellate or

revisional Court, together with the appellant or applicant’s

explanation for the delay and his prayer for condonation of

the delay.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1385

(5) If the result of the appeal or application is not

received within a reasonable period, the Superintendent

shall enquire about the result, and thereafter repeat the

enquiry at reasonable intervals.

**Reference** 43. (1) Where a sentence of death is passed or confirmed

**,to**

by the High Court and the person sentenced does not

**Governm­**
**ent** **[r]** make, an appeal to the Supreme Court or an application for
**regarding**

mercy within the stipulated period, or where a sentence of

**execution**
**of death** death is upheld by the Supreme Court and the person
**sentence**

sentenced does not make an application for mercy within

the stipulated period, the Superintendent shall make a

reference of the case to the State Government under

intimation to the Inspector General, and postpone the

execution of the sentence of death pending receipt of the

orders of the State Government.

(2) Upon a reference being made of a case as

aforesaid, the State Government shall proceed to act as if

an application for mercy has been made by the inmate

under sentence of death, and — =

(a) if it has the power to commute the sentence of

death, may in its discretion commute the

sentence of death;

(b) if it has the power to commute the sentence of

death but in its discretion decides not to exercise

that power, shall refer the case to the Central

Government for decision;

(c) if it does not have the power to commute the

sentence of death, shall? refer the case to the

Central Government as well as such other

appropriate Government as has power to

commute the sentence of death, for decision.


-----

1386 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

**CHAPTER-VIII**

**FOOD, CLOTHING AND BEDDING**

**Supply of** **44.** (1) Every inmate shall be provided, in accordance with
**food,**

the scale prescribed’with -

**clothing**
**and**
**bedding** _I'_

(a) food, which shall be wholesome, palatable and

**etc.**

hygenic;

*’ (b) clothing, which shall be suitable for the climate

and adequate for personal hygiene, and which may be

conspicuous for each category of inmates, but shall not be

humiliating Or degrading;

(c) bedding, which shall be suitable and sufficient

for the climate; and

1 (d) other equipment as may be necessary.

(2) Except as provided under section 45, no inmate

shall be permitted to procure or receive any item of food,

clothing, bedding or other equipment from private sources.

I

**Procurem­** **45.** (1) An inmate other than a convicted inmate, if he so
**ent of**

desires, shall be permitted to procure, or receive from

**clothing**
**from private** private sources,, minimum items of clothing (but not
**sources**

bedding) as necessary, subject to examination and subject

to rules made under this Act and also such direction as

may be given by the Inspector General.

(2) No part of any clothing procured or received as

aforesaid by an inmate shall be given, hired or sold to any

other inmate, and any inmate transgressing the provisions

of this sub-section shall be debarred from procuring or

receiving as aforesaid any clothing for such time as the

Superintendent thinks proper.

I

**Maintenan­** **46.** When any civil inmate is committed to prison in
**ce of civil**

execution of a decree in favour of a private person, such

**inmates**

person or his representative shall, —


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1387

(a) make the first payment of the monthly

subsistence allowance as fixed by the Court to

_i e1'_

the proper officer of the Court for transmission to

the Superintendent, and if it .has not been so

. made to an officer of the Court, then directly to

the Superintendent; and

(b) make the subsequent payments of monthly

subsistence allowance to the Superintendent in

'advance before the first day of each month;

and in default of any of the above payments, the inmate

may be released by the Superintendent if so ordered by

the Court by whose warrant or order the inmate is

committed to prison after filing a report by the

Superintendent before such Court in the matter.

**CHAPTER-IX**

**HEALTH CARE**

**Sanitation** **47.** (1) Every part of a prison shall be kept scrupulously
**and hygiene**

clean.

(2) All buildings in which the inmates live or work or

which they otherwise occupy shall contain adequate floor

space, cubic content of air, lighting and ventilation

arrangements.

(3) So far as possible, water-closets shall be

provided to enable the inmates to comply with the needs of

nature in a clean and decent manner.

(4) Facilities shall be provided to the inmates to keep

themselves, their clothing, bedding arid other necessary

equipment clean.

**Prison** **48.** In every prison there shall be provided a hospital or a
**hospital**

proper place for reception and treatment of sick inmates.


-----

1388 THE ASSAM GAZETTE, [EXTRAORDINARY, MAY 30,2013]■ ' ________T ----- ---------

**Sick** 49. (1) The name of any inmate desiring to see the
**inmates**

Medical Officer or appearing to be out of health in mind or

body shall, without delay, be reported by the officer in

immediate charge of such inmate to the Jailer, who shall,

without delay, call the attention of the Medical Officer to

such inmate.

                            -

. (2) The Medical Officer shall examine such inmate as

aforesaid and also such-other Inmates as appear to him to

be out of health in mind or body, and give such directions

in writing as he deems fit.

**Record and** 50. All directions given by the Medical Officer in relation
**execution**

to any inmate, with the exception of directions relating to

**of**
**directions** such matters as are to be carried into effect by the Medical
**of Medical**

Officer himself or under his superintendence, shali be

**Officer**

entered day by. day in such record as may be prescriljed,

and shall be carried into effect by the Jailer with the

sanction, where necessary, of the Superintendent; and the

Jailer shall make an entry in the proper place of such

record, stating in respect of each direction the fact of its

having been complied with or, if not complied with, the

reasons for its not having been complied with, and the

date of the entry.

**Inmate of** 51. (1) The Superintendent shall place under the
**unsound**

observation of the Medical Officer and, if available, a

**mind**

Psychiatrist, any inmate appearing to become of unsound

mind, and shall, if such inmate is an undertrial inmate,

report the case to the Court by whose warrant or order

such inmate is committed to prison.

(2) If after such observation as aforesaid, the inmate

is found to be of unsound mind, the Superintendent shall

report the case, together with the medical certificate and

such other documents as may be prescribed, —

(a) to the Court by whose warrant or order the

inmate is committed to prison, if such inmate is

_ an undertriaL inmate, for appropriate orders of


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1389

(b) to the Inspector General, if such inmate is other

than an .undertrial inmate; for appropriate

action under Section 82 with regard to such

inmate;

(3) If a person of unsound mind is committed to

prison for safe custody under section 330 or section 335 of

**Central**

the Code of Criminal Procedure, 1973 without any specific

**Act 2 of**

orders from the committing Court for his removal to **1974**

asylum, the Superintendent shall report .the case to the

Inspector General for appropriate action under section 81.

**Death of** 52. (1) On the death of an inmate, whether inside a prison
**inmate**

or while undergoing treatment in a hospital outside the

prison, the Medical Officer of the prison shall forthwith

draw up a report stating the following particulars, so far as

they can be ascertained, namely: —

(i) the day on which the deceased first complained of

illness or was observed to be ill;

(ii) the day on which the Medical Officer was first

informed of his illness;

» (iji) the day on which he was admitted to hospital;

(iv) the nature of his illness;

(v) the treatment given;

I

(vi) when the deceased was last seen before his

death by the Medical Officer;

(vii) when the inmate died;

(viii) any special remarks that appear to the Medical

Officer to be required.

(2) In every case of death of an inmate, whether

inside a prison or while undergoing treatment in a hospital

outside the prison, —

(a) intimation of the death shall be givento

the District or Sub-divisional Magistrate,

and to the officer in charge of the police

station within whose jurisdiction the death


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1390 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

(b) an inquest shall be held by an Executive

Magistrate to be deputed by the District

Magistrate or Sub-divisional Magistrate,

as the case may be; and

(c) a post-mortem examination shall be

conducted by a competent medical

a u t h o r i t y                      -

Provided that in cases where the deceased
IS

happens to be a,child kept in prison with its. mother or

father, post-mortem examination shall not be done unless

the Magistrate holding, the inquest, after considering the

circumstances in which the child has died, suspects the

death to be homicidal and recommends for a post-mortem'

examination to be done, or the mother or father of the

deceased child desires such postmortem examination to

be done.

**CHAPTER-X**

**WORK**

**Work by** **53.** (1) A convicted inmate sentenced to rigorous
**convicted**

imprisonment shall, and a convicted inmate sentenced to

**and**
**undertrial** simple Imprisonment or an undertrial inmate, if and as long o
**inmates**

as he so desires, may be engaged in work, which shall not

be of an afflictive, degrading or humiliating nature, and

which shall, so far as may be practicable, especially in the

case of a convicted inmate sentenced to imprisonment for

a relatively long term, be in the form of such vocational

training as will maintain or increase his ability to earn a

living after release.

(2) No inmate engaged in work shall be kept to

labour for more than eight hours in any one day, except on

an emergency and with the sanction in writing of the

Superintendent.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1391 1

(3) The Medical Officer shall from time to time and at

least once in every month examine every inmate engaged

in work and cause his weight to be taken and entered in

such record as may be prescribed, and when the Medical

Officer is of opinion that the physical or mental health of

any such inmate is or is likely to be adversely affected by

the kind of work or class of labour in which he is engaged,

such inmate shall be placed on such other kind of work or

class of labour as the Medical Officer may consider suited

for him,

(4) A convicted inmate not sentenced to rigorous

imprisonment or an undertrial inmate, who is engaged in

work at his own desire, shall be entitled to the scale of diet

prescribed for inmates on labour; and a convicted inmate

sentenced to rigorous imprisonmerit, who refuses to work,

shall be entitled to the scale of diet prescribed for, inmates

not on labour.

(5) The State Government may, by rules made under

this Act, provide for remuneration to the inmates engaged

in work under the provisions of subjection (1), as

incentive but not as compensation, for such work, subject

» to due performance of the prescribed quantum of work and

depending upon die kind of work or class of labour or the

type of institution.

(6) Out of the earnings of an inmate remunerated as

aforesaid, any amount shall be allowed to be spent by the

inmate on payment of fine, compensation, cost or security

as ordered by the Court or on payment to his legal adviser

< ,

for services rendered to him; a prescribed part of the

earnings shall be allowed to be spent by the inmate on

approved articles for his use and to be sent by him to his

family; and the rest of his earnings shall be set aside by

_'.i_

the Superintendent so as to constitute a savings fund to be

handed over to the inmate on his release from prison.

(7) A convicted inmate sentenced to simple

imprisonment or an undertrial inmate, who is engaged in

work at his oWn desire, shall not be punished for neglect of

work. ~~


-----

1392 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

v-

**Work by** **54.** A civil inmate, if and as long as he so desires, may be

civil in m3 to
engaged in work on the same terms and conditions as set

forth in section 53 with regard to a convicted inmate

sentenced to simple imprisonment or an undertrial inmate

who is engaged-in work at his own desire.

**Inmates to** **55.** Any inmate, whether or nbt engaged in work under

clG3n thoir
t h e provisions of the foregoing sections, shall be required i
**own**
**clothing,** to clean his own clothing, bedding, equipment and

**GtC**
apartment, subject to rules made under this Act.

**CHAPTER-XI** **'**

**EDUCATION, RECREATION, INTERVIEW ANb**

**COMMUNICATION**

**Education** **56.** The State Government shall, so far as possible, by

suitable schemes or programmes, provide for general,

social and moral education of the inmates, with particular

emphasis on removal of illiteracy among the inmates.

**Books** **57.** Every prison shall have a library for the use of all

categories of inmates, which shall be stocked, as far as

practicable, with both instructional and recreational books,

and the inmates shall be encouraged to make full use of it.

**News** **58.** The inmates shall be kept informed regularly of the

important items of news by the reading of newspapers, by

the hearing of radio transmission, seeing television or by

similar means as provided or authorized in the prison.

**Religion** **59.** Subject to rules made under this Act, every inmate

shall be-allowed to satisfy the needs of his religious life by

having in his possession books of his religious

denomination and, so far as practicable, by performing

religious Observances.

**Moral and** 60. So far as practicable, and subject to rules made
**religious**

under this Act, arrangement shall be made for, — -

**Instruction**


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1393

(a) a philanthropic person, institution) or society to

hold moral discourses among the inmates at

reasonable intervals; and

(b) a qualified representative of a religion to hold

religious discourses and servioes among the

inmates of his religion at reasonable intervals.

**Recreation** **61.** So far as practicable, and subject to rulee made under

this Act, the inmates shall be provided with facilities for

exercise, games and sports, musical and cultural

performances, and other facilities for recreation.

**Interview** **62.** Due provisions shall be made in the prison for -

**and**
**communi­**
**cation**

(a) an inmate to communicate, both by receiving

visits and by correspondence, with their relatives,

reputable friends and legal advisers at reasonable

intervals and under reasonable restrictions, care being

taken that an inmate under trial or making an appeal or an

application for revision of sentence, may communicate

with his legal adviser within the sight, but not within the

hearing, of an officer of the prison or of any other officer;

_o_ (b) an inmate, who is a member of a State

Legislature or of Parliament, to communicate through

prescribed channel with the Speaker or Chairman of the

House of which he is member, or with the Chairman of a

Committee (including a Committee of Privileges) of such

House or of a Joint Committee of botfj the Houses of a

State Legislature or of Parliament;

(c) an inmate, who is a foreign national to

communicate through prescribed channel with[-] the

diplomatic or consular representative in India of the

country to which he belongs;


-----

1394 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

(d) an inmate, who is a national of a country having

no diplomatic or consular representative in India, or who is

a refugee or a stateless person, to communicate through

prescribed channel with any recognized national or

international authority taking charge of the interests of

t i.

such nationals, refugees or stateless persons.

**Search of** 63. (1) The Superintendent or the Jailer may demand the A
**visitors to**

name and address of any visitor to an inmate, and, when

**inmates**

he has any ground for suspicion, may search.any visitor or

rS

cause him to be searched :

Provided that -

(a) the search shall not be made in the

( presence of any inmate or of any other

visitor; and,

(b) the search of a female visitor shall be

                                       - carried out by a female officer.

,-(2) In case of any such visitor refusing to permit

himself to be searched, the Superintendent or the Jailer f t

may deny him interview with the inmate; and the grounds

of such denial of interview shall be entered in such record

as may be prescribed.

**Requests** 64. Due provisions shall be made in the prison for
**and**

allowing every inmate, —

**complaints**

(a) reasonable opportunity of making verbal

requests and complaints, —

(i) to the Jailer on each day and to the

Superintendent on each week day; and

(ii) to the Inspector General or any other

inspecting officer during his inspection and to

any member of the Board of Visitors during

his visit; and


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1395

(b) reasonable facility for making written requests

and complaints to the Inspector General and to any judicial

or other proper authority, through approved channel.

**CHAPTER-XII**

**REMISSION, FURLOUGH, PAROLE AND PAY­**

**RELEASE**

**Remission** **65. (1)** The State Government may, by rules made under

this Act, provide for the grant of the following kinds of

remission to an inmate under a sentence of imprisonment

(a) ordinary remission as incentive for good

conduct and work in prison; and

(b) special remission as reward for any special

service rendered in prison ,

Provided that the remission granted under the

provisions of this sub-section shall be subject to

withdrawal, forfeiture or revocation in accordance with

rules made tinder this Apt.

, (2) The appropriate Government may, by general or

special orders, grant state remission to the convicted

inmates or any category of the convicted inmates on

                    - occasions of public importance or public rejoicings.

(3) Any convicted inmate sentenced to imprisonment

for a Term shall be entitled to be released from prison on

his actual period of imprisonment undergone together with

remission granted under sub-section,s (1) and (2) being

equal to such term, but such remission shall not entitle an

inmate sentenced to imprisonment for life to be released

without specific orders from the appropriate Government

remitting his sentence of imprisonment for life.


-----

1396 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

Furlough 66. (1) Where a personjs detained in prison under a

sentence of imprisonment, and the State Government, or

any authority empowered by it in this behalf, is satisfied

from his antecedents or his conduct in prison that he is not

likely to commit any offence during a period of temporary

release ,from prison, the State Government or such’

authority may, subject to rules made under this Act, by

order direct that such person be released on furlough; that ’

... is, on leave or on any emergency ground for such period

as may be specified in the order, upon his giving an

undertaking in writing to observe the conditions specified

in the order and upon his entering into a bond to surrender

himself to the Superintendent of the prison on the

expiration of such period or on revocation of such order,

whichever is earlier.

(2) The State Government or the authority making an

order under sub-section (1) may, at any time, on being

satisfied that the person released on furlough has failed to

observe any of the conditions of furlough, revoke such

order.

(3) An order of revocation made under sub-section

(2), shall specify the date with effect from which the

furlough order shall cease to be in force, and shall be

served upon the person released ’ on furlough in such                 -

manner as may be prescribed by rules made under this

Act.

(4) The period during which a person is absent from

prison on leave in pursuance of a furlough order shall be

reckoned as a part of the period of imprisonment to which

he was sentenced:

Provided that in cases where the furlough order is

revoked under sub-section (2) for failure to observe any of

the conditions of furlough, the period of such absence from

prison in pursuance of such order shall not be so reckoned

as a part of the period of imprisonment.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1397

(5) The period during which a person is absent from

prison on any emergency ground in pursuance of a

furlough order shall hot be reckoned as a part of the period

of imprisonment to which he was sentenced.

**Parole** 67. (1) Where a person is detained in prison under a

sentence of imprisonment, and the State Government is

« satisfied from his antecedents or his conduct in prison that

he is likely to lead a law-abiding and useful life, if he is

released from prison, the State Government may, subject

to rules made under this Act, by order direct that such

person be released on parole, upon his giving an

undertaking to observe the conditions specified in the

order and upon his entering into a bond to surrender

himself to the Superintendent of the prison on revocation

of such order, and be placed under the supervision or

authority of a Parole Officer, who may be a Probation

Central

Officer appointed under the Probation of Offenders Act,

Act 20

of 1958

1958 or any other officer appointed by the State

Government’to be a Parole[1] Officer, or of a society, an

institution or a responsible person Wiling to take charge of

him : r

Provided that when an order is made under this

section for release,on parole of a person in respect of

♦

whom the<- State Government is not the appropriate

Government as defined in section 2,of this Act, intimation

about sueh order shall be immediately communicated by

the State Government to the appropriate Government:

Provided further that no person under a sentence of

imprisonment for life for an offence for which death is one

of the punishments provided by law shall be released on

parole unless he has served at least ten years of actual

♦                                     - ’ r ; h'M

imprisonment including any period of detention undergone

during investigation, inquiry or trial of such offence.

(2) Before making an order under sub-section (1) the

State Government shall take into consideration the

recommendation of the Review Board constituted under

section 22.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, .2013

(3) The parole order made under sub-section (1) shall

be in force, -

(a) where the person released on parole was

sentenced to imprisonment, not being

-imprisonment for life, for the unexpired

term of the sentence or until the parole

order is revoked, whichever is earlier;

(b) where the person released on parole was

sentenced to imprisonment for life, until

the sentence of imprisonment for life is

remitted by the appropriate Government

or until the parole order is revoked,

whichever is earlier.

(4) The State Government may at any time, on being

satisfied that the person released on parole has failed to

observe any of the conditions of parole, or otherwise in its

discretion, revoke a parole order.'

(5) An order of revocation made under sub-section (4)

shall specify the date with effect from which the parole

order shall cease to be in force and shall be served upon

the person released on parole in such manner as may be

prescribed by rules made under this Act.

(6) The period during which a person is absent from

prison in pursuance of a parole order in force shall be

reckoned as ei part of the period of imprisonment to which

he was sentenced:

Provided that if the parole order is revoked under

sub-section (4) for failure on the part of the person

released on parole to observe any of the conditions of

parole, the period of such absence shall not be so

reckoned, and the person shall have to serve the whole of

the unexpired term of his original sentence of

imprisonment.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1399

**Day-** **68.** (1) In exceptional cases where a person is detained in
**release**

prison under a sentence of,imprisonment and the State

Government, after taking into account (i) his antecedents,

(ii) the nature and gravity of the offence for which he has

been convicted,- and the way in which the offence was

committed, (iii) his conduct in prison and (iv) such other

factors as considered relevant and important, is satisfied

that his prospects of rehabilitation after release from prison

are likely to be substantially enhanced if he is enabled to

acquire better qualification or vocational training of a

formal nature in any institution or establishment outside

the prison, and he is not likely to commit any offence if, for

this purpose, he is let out of the prison during the day time,

the State Government may, subject to rules made under

this Act, by order allow such person to be let out of prison

during the day time to attend an educational institution or

to undergo training or apprenticeship in a vocational or

industrial establishment, upon his giving an undertaking in

writing to observe the conditions specified in the order and

upon his entering into a bond with surety to return to the

prison every day immediately after attending such

institution or establishment, and subject to supervision of a

Parole Officer, who may be a Probation Officer appointed

under the Probation of Offenders Act, 1958 or any other Central

Act 20

officer appointed by the State Government to be a Parole of 1958

Officer.

(2) Before making an order under sub-section (1), the

State Government shall take into consideration the

recommendation of the Review Board constituted under

section 22.

(3) The State Government may at any time, on being

satisfied that the person granted day-release under sub­

section (1) has failed to observe any of the conditions of

such day-release, or otherwise in its discretion, revoke an

order for day-release.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013
1400

(4) An order of revocation made under sub-section (3)

shall specify the date with,effect from which the order for

day-release shall cease to be in force and shall be served

upon the person to whom day-release is granted in such

manner as may be prescribed by rules made under this

Act.

**Penalty for** **69.** Any person, who fails to surrender himself to the               -
**failure to**

Superintendent of the prison on the expiration of the period

**surrender**

of release oh furlough or on revocation of a furlough or

parole order, or to return to the prison on any day

immediately after attending an educational institution or a

vocational or industrial establishment by an order of day-

release or on revocation of an order pf day-release, may

be arrested by a police officer without warrant, and shall, if

such failure be without any lawful excuse, be liable upon

conviction before a Magistrate of the first class to

imprisonment of either description for a term not exceeding

two years or to a fine not exceeding one thousand rupees

or to both, without prejudice to any proceedings that may

be taken against him or his surety dr sureties in respect of
!

such,bond as was entered into for such surrender or return

to the prison. y

**CHAPTER-XIII**

**PRISON OFFENCE AND PUNISHMENTS**

**Prison** **70,** The following acts and omissions on the part of any

**offences**

inmate shall be deemed as prison offences:------

(i) conspiring or assisting to escape;

(ii) assault or attack upon any officer or inmate;

(iii) orgainsing or conspiring to organise a riot,

mutiny or any other act of violence and/or

participating or instigating other inmates to

participate in such act of violence;


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013________ 1401

(iv) omitting or refusing to report, as sdon as it

comes to his knowledge, any Occurrence of fire,

'* any escape, attempt or preparation to escape,

any attack or preparation for attack upon officer

or inmate, and any violence or preparation for

                        - violence;

(v) ' omitting or refusing to help an officer of the

prison when called upon to do so in dousing fire

or preventing escape, violence, suppressing

assault, attack, violence, riot or 'mutiny, or in any

other emergencies;

(vi) doing any act likely to create unnecessary alarm

in the minds of other inmates;

(vii) causing or attempting to cause disturbance of

law and order and discipline in the prison;

(viii) wilfully tampering in any way; w ith... walls,

buildings; bars Jocks and keys, lights or lamps,

handcuffs, fetters or irons of any - other

description, or any other security and custody

measures of the prison;

fix) communicating or attempting ..to communicate

with outsiders otherwise than through authorized

channels;

(x) receiving, .. possessing or transferring any

prohibited article;

(xi) wilfully tampering with or defacing history tickets,

records or documents;

(xii) wilfully causing damage to prison property;

(xiii) stealing any prison property or any article of any

other inmate; receiving, possessing or

transferring any such stolen property or article;

(xiv) wilfully bringing any false accusation against any

officer or inmate;

(xv) using indecent, abusive, insulting or threatening

language;

(xvi) doing or making any immoral, indecent, vulgar

of disorderly acts or gestures;

(xvii) wilfully hurting religious feelings, beliefs or faiths

of any inmate, or attempting to convert any


-----

1402 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

(xviii) refusing to eat the food prescribed by prison

rules, or going on hunger-strike;

(xix) willfully or negligently destroying or spoiling

, food; " '

(xx) feigning, illness, or wilfully causing to himself

**_i_**

any illness, injury or disability;

(xxi) omitting or refusing to perform work, or wilful

**_i_** idleness or negligence at work, as assigned to

him in the manner prescribed;

(xxii) such willful disobedience to any rule,, or

regulation of the prison as may be declared by

rules made under this Act to be a prison offence;

(xxiii) instigating, abetting or assisting, directly or

indirectly, any inmate to. commit any of the

aforesaid offences/

**Punishm­** 71. (1) The Superintendent may punish any inmate found

**ents for**

guilty of any prison offence with, —-

**prison**
**offences**

(i) a formal warning (personally addressed to the

inmate by the Superintendent);

(••) forfeiture of remission granted under the

7

provisions of sub-section (1) of section 61:

Provided that the forfeiture of remission

in excess of thirty days shall be subject to prior

approval of the Inspector General;

('it) forfeiture of such prison privileges for such

period as may be prescribed;

(iv) temporary or permanent removal from a prison 1

office or reduction from a higher to a lower grade

of prison office;

i I

1

(v) imposition of handcuffs of such pattern and 1

weight, in such manner and for such period, as

i

may be prescribed;


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1403

Provided that no female inmate, civil

inmate or detenu shall be punished with

imposition of handcuffs of any form;

(vi) separate confinement for any period not

exceeding three rhonths:

Provided that separate confinement for

a period exceeding one month shall be subject

to prior approval of the Inspector General.

(2) Any two of the punishments enumerated in sub­

section (1) may be awarded in combination for any prison

offence, subject to the following exceptions, namely: —

(a) formal warning shall not be combined with any

other punishment;

(b) Imposition of handcuffs shall not be combined

with separate confinement;

(3) No punishment shall be awarded for any prison

offence so as combine, together with the punishment

awarded for any other prison offence, two of the

punishments which may not be awarded in combination for

any prison offence.

**Safeguards** 72. (1) No inmate shall be punished unless he has been
**against**

informed of the offence alleged against him and given a

**punishm­**
**ent** reasonable opportunity of making his defence.

j , (2) No inmate shall be punished except by orders of

the Superintendent made in accordance with the

provisions of this Act and rules made there under.

(3) No inmate shall be awarded any punishment other

than the punishments enumerated in section 71 except by

order of the Court.


-----

1404 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

(4) No inmate shall be punished twice for the same

offence:[1]

Provided that any measure of restraint taken

under the provision of section 37 shall not be deemed as a

punishment for the purposes of this sub-section.

(5) No punishment of imposition of handcuffs or

'separate confinement shall be continued against the

advice of the Medical Officer, who shell be immediately''

informed by the Superintendent of the award of such

punishment, and who shall visit every inmate undergoing

such punishment at least once a day and report in writing

to the Superintendent if he considers the termination,

alteration or modification of such punishment necessary on

grounds of physical or mental health of the inmate.

**Record of** **73.** (1) There shall be a punishment book in which there
**punishm­**

shall be recorded in respect of every punishment inflicted

**ent**

on any inmate for a prison offence, the inmate's name,

register number and the class (whether habitual or not) to

which, he belongs, the date on which such prison offence

was committed, the number of previous prison offences

recorded against him, and the date of his last prison

offence, the punishment awarded’ and the date of

infliction.

(2) In the case of every serious prison offence, the

names of the witnesses proving the offence shall be

recorded, and the Superintendent shall record the

substance of the evidence of the witnesses, the defence of

the inmate, and the finding with the reasons therefor.

(3) The Superintendent and the Jailer shall affix their

initials against the entries relating to each punishment as

evidence of the correctness of such entries.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1405

**Procedure** 74. (1) If any inmate is found guilty of any prison offence
**on**

which, by reason of his having frequently committed such

**commiss­**
**ion of** offences' or ■, otherwise, in the opinion of the

**serious**

Superintendent, is not adequately punishable by the

**offence**

infliction of any punishment which he has power under this

Act to award, the Superintendent may forward such inmate

to the Court of a Magistrate having jurisdiction, together

with a - statement of the circumstances, and such

Magistrate shall thereupon inquire into and try the charge

so brought against the inmate, and, upon conviction, may

sentence him to imprisonment ,of either description for a

term not exceeding one year or to any of the punishments

enumerated in section 71.

(2) In respect of any offence committed by any inmate

Central

which is punishable under this Act as well as under the

Act 45

Indian Penal Code, 1860 or any other law in force, it shall of 1860

                                                                   - t-

be in the discretion of the Superintendent to determine

whether he will use his own powers of punishment or

Central

forward the inmate to the Court of a Magistrate having Act 2 of

1974

jurisdiction to be dealt with in accordance with the Code of

Criminal Procedure, 1973:

Provided that, in the case of any of the following

offences, the Superintendent shall forward the inmate to

the Court of a Magistrate having jurisdiction, namely : —

(a) Any offence triable exclusively by a Court of

Session;

                                                                                                                                                       -

(b) Any offence punishable under section 147

(Rioting) or section 148 (Rioting armed with

_a deadly weapon) or section 152 (Assaulting or_

obstructing or using criminal force to a public Central

Act 45

servant when suppressing riot, or threatening or of 1860

attempting to do so) of the Indian Penal Code,

1860;


-----

1406 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

(c) Any offence punishable under section 222

(Public servant intentionally omitting to

apprehend any person lawfully committed to

custody or intentionally suffering such person to

escape or intentionally aiding such person in central

‘ escaping or attempting to escape) or section

Of I8 6 0

223 (Escape negligently suffered by public

servant) or section 224 (Resistance or

obstruction to lawful apprehension, or escape or,

attempt to escape from lawful custody) of the

Indian Penal Code, 1860;

(d) Any offence punishable under section 304A

(Causing death by a rash or negligent act) or

section 309 (Attempt to commit suicide) or Central

Act 45
section 324 (Voluntarily (causing hurt by O[fi8§o ]

dangerous weapons or means) or section 325

(Voluntarily causing grievous hurt) of the Indian

Penal Code, 1860.

(3) Nojnmate shall be punished twice for the same

offence:

Provided that the removal of an inmate from a 1

prison office in consequence of a judicial conviction for an

offence shall not be deemed as a punishment for the

purposes# this Sub-section.

**CHAPTER-XIV**

**OFFENCES IN RELATION TO PRISONS**

Penalty for 75. Whoever, contrary tb any rule made under this Act,
introduction

introduces or removes, or attempts by any means

or removal
of whatsoever to introduce or retrieve, into or from any
prohibited

prison, or supplies or attempts td supply to any inmate

articles into
or from outside the limits of a prison, any prohibited article;
prison and

arid every officer of a. prison who, contrary to any

communica
tion with such rule, knowingly suffers any such article to be

fl'

inmates

introduced into or removed from the prison, to be

                              -                               - ;i

possessed by any inmate, or to be supplied to any inmate

outside the limits of the prison;


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1407

and whoever, contrary .to any such rule,

communicates or attempts to communicate with any

inmate; ,

and whoever, abets any offence made punishable

by this sub-section, —

shall, on conviction before a Magistrate, be liable to

imprisonment of either description for a term not exceeding

six months or to fine not exceeding one thousand rupees

or to both.

**Penalty for** 76. (1)The prisons are protected places and in the interest
**taking**

of safety and security of the prisons and persons detained

**photograph**
**of prison** therein, no person shall, without the permission of the
**interior**

State Government or any officer authorized by the State

Government in this behalf, take any photograph or

videograph of the interior of a prison.

» t

(2) Whoever, contrary to the provisions of sub­

section (1), takes in an unauthorized or surreptitious

manner any photograph or videograph of the interior of a

prison, including any aerial photograph or videograph ,

taken from a high-rise facility,

and whoever contrary to the aforesaid provisions,

publishes or telecasts or otherwise displays such

photograph or Videograph of the interior of a prison taken

in an unauthorized ot surreptitious manner,

and whoever aids or abets any offence made

punishable by this section,

shall, on conviction before a Magistrate, be liable to

imprisonment of either description for a term not exceeding

six months or to fine not exceeding one thousand rupees

or to both.


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013
1408

Power to 77. When any person, in the presence of any officer of a
arrest for

prison, commits any offence specified in section 75 or

offences
under section 76, and refuses on demand of such officer to state
sections 75

his name and address, or gives a name or address which

and 76

such officer knows, or has reason to believe, to be false,

such officer may arrest him, and shall without unnecessary

delay make him Over to a police officer, and thereupon

such police officer shall proceed as if the offence had been

committed in his presence.

Publication 78. The Superintendent shall cause to be affixed in a
of penalties

conspicuous place outside the prison, a notice in English

and the vernacular setting forth the acts prohibited under

sections 75 and 76 and the penalties incurred by their

commission.

CHAPTER-XV

TRANSFER

Transfer 79. (i) The State Government or, subject to its general or
from one

Special directions, the Inspector General may, by general

prison to
another in or special order, direct any inmate to be transferred from
the State

one prison to any other prison in the State:

Provided that when an order is made under this

section directing an undertrial inmate to be transferred

from one prison to any other prison,, intimation about such

order shall be immediately communicated to the Court by

whose warrant or order the inmate is committed to prison,

together with a commitment to produce him in that Court

on the date fixed for his production,

(2) The Superintendent of the prison to which any

person is transferred under sub-section (1) shall receive

and detain him, so far as may be, according to the

exigency of any writ, warrant or order of the Court by

which such person has been committed, or until such

person is discharged or removed iri due course of law.


-----

**Transfer to** **80.** (1) The provisions of the Transfer of Prisoners Act, Central
**and from** Act 29

1950 shall be followed in cases where a person detained of 1950

**any other**
**State** in a prison in -the State under sentence of death or

imprisonment or in default of payment of fine or in default

of giving security for keeping the peace or for maintaining

good behaviour-; is required to be transferred to a prison in

any other State or Union Territory, and where such a

person is required to be transferred from a prison in any

other State or Union Territory to a prison in the State.

(2) Upon and with effect from the admission of a

person in a prison in the State by transfer from any prison

in any other State or Union Territory as aforesaid. the

provisions of this Act and rules made thereunder shall

apply to such person as if he had been originally admitted

to such prison in the State:

Provided that in the case of such a person, the

authority for granting suspension, remission and

commutation of sentence and for granting State remission

shall remain with the appropriate government as defined

in section^ of this Act.

**Transfer to .** **81.** The State Government and subject to its general
**mental**

direction .and control the Inspector General, may by order,

**hospital of**
**inmates of .** direct,--' <f

**unsound** **-** **[:t]-**

**mind**
**committed** (B) a person accused of an offence, who is found to
**to .prison**

be of unsound mind and consequently incapable

**under**
**section 330** of making his defence and is ’Committed to
**or section**

prison under sub-section (2) of section 330 of Central

**335 of the**

Act 2 of

**Code of .** the Code of Criminal Procedure, 1973 for safe 1974'
**Criminal** ****“**

custody without any specific orders for his

**Procedure,**

**19/3** removal to asylum, or

(b) a person acquitted of an offence on grounds of

unsoundness''of mind, who is committed to

prison under section 335 of the said Code of

Criminal’ Procedure, 1973, for safe custody

without any specific orders for his removal to

asylum,


-----

1410 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 tw-

to be transferred from a prison to a mental hospital in the

.State or in any other State or Union Territory, and upon

such transfer such person shall be dealt with in

accordance with the provisions of sections .337, 338, and

339 of the said Code of Criminal Procedure, 1973 :
                                        -

_'_ _..t-_ _._ _■’*_

Provided that no order directing a person to be

transferred to a mental hospital in any other State or Union

Territory shall be made under this section except by the

State Government and except with the consent of the

Government of such other State or Union Territory.

**Transfer to** 82. (1) The State Government and subject to its general
**mental**

direction and control the Inspector General, may by order,

**hospital of**

**convicted** direct a convicted -person detained in a prison, who is
**inmates of**

certified by the Medical Officer to be of unsound mind, to

**unsound**
**mind** be transferred from such prison to a mental hospital in the

"State or in any other State or Union Territory:

Provided that no order directing a person to be

transferred to a mental hospital in any other State or Union

Territory shall be made under this sub-section except by'

the State Government and except with the consent of the

Government of such other State or Union Territory.

(2) A person transferred to a mental hospital in

pursuance of an order made under sub-section (1), shall

be detained in such hospital until he becomes of sound

mind and is transferred to a prison in pursuance of an

order made under sub-section (4) or discharged in

accordance with the provisions of sub-section (5).

(3) The period of detention of a person in a mental

hospital in pursuance of an order made under sub-section

(1), shall be reckoned as a part o f the period of

imprisonment to which he was sentenced.


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(4) If a person detained in a mental hospital in

pursuance of an* order made, under sub-section (1)

becomes of sound mind before ..the expiration of the

remainder of the term of imprisonment,to which he was

sentenced, the authority making such order shall, by order,

direct such person to be transferred from such mental

hospital to a prison.

(5) If a person detained in a mental hospital in

pursuance of an order made under sub-section (1)

becomes of sound mind on or after the expiration of the A c t 14

remainder of the term of imprisonment to which he was 1 9 8 7

sentenced, he shall be discharged from such hospital in

accordance with the provisions^of section 40 of Mental

Health Act, 1987.

£4.

**Medical** 83. (1) All inmates, prior to their transfer from a prison,
**certificate**

shall be examined by the Medical Officer.

**prior to**

**transfer**            - .            -            -            -

(2) No inmate shall be transferred from a prison

unless the Medical officer certifies that the inmate is fit to

undertake the journey.

$

**Non-** **84.** While escorting ah inmate from or to a prison, his

**t** **exposure to** exposure to public view shall be as little as'possible, and

**public view**

proper safeguards shall be adopted to protect him from

insult or injury and undue curiosity or publicity.

**CHAPTER XVI**
? ......

**ATTENDANCE IN COURT**

**Attendance** 85. The Superintendent shall cause every person •          -
**In court on**

committed to prison by warrant or order or a Court pending

**expiry of**
**remand** the investigation, inquiry or trial of an offence of which he
**period**

is accused, to be taken to such Court, together with such

warrant or order, on the expiration of each period of

detention authorized by such warrant or order.


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Attendance 86. In cases where the attendance of a person detained
of inmate in

in a prison is required by a Court of Civil or Criminal

court to
give Jurisdiction for giving evidence or answering a charge, and
evidence or

a warrant or order requiring his production is issued by

answer a

Central

charge such Court under section 3 of the Prisoners (Attendance in

Act 32

Courts) Act, 1955 or under section 267 of the Code of of 1955

Criminal Procedure, 1973, the Superintendent of the Central

Act 2 of

prison shall act on such warrant or order in accordance

1974

with, and subject to, the provisions of the said Act or

Chapter XXII of the said Code, as the case may b e : I

Provided that a warrant or order issued by a Court

requiring the production of person in such Court in

connection with any case shall not by itself, be a sufficient

authority for detaining such person in prison in connection

with such case, and therefore, no person shall be kept

detained in prison in connection with such case on the
'■ *

strength of such a warrant or order alone unless there

exists a separate warrant issued by such Court specifically

directing such person to be detained in custody in

connection with such case.

**SOCIAL RELATION AND REHABILITATIONCHAPTER-XVIf** ?

## s

**Relation** **87.** (1) An inmate shall be encouraged and assisted to

assistance m a in t a in improve such relations with his family as are

**to family** desirable in the best interests of his family.,and himself,

and to establish and maintain such relations with persons

and agencies outside the prison as may promote the best

interests of his family.                       -

(2) Due provisions shali .be made for giving, so far as

is necessary and possible,'’material assistance for the

subsistence of indigent dependents of an inmate under a

sentence of imprisonment for life during his ’detention in

prison.


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 1413

Pre-release 88. An inmate under a sentence of imprisonment imposed

preparation o n fO r a n O[ff]e n [ce shall be prepared by]

counselling and guidance for a smooth returri and

re-adjustment to his family and to the society, and shall be

encouraged and assisted to establish and maintain such

relations with persons and agencies outside the prison as

may promote the prospects of his socio-economic

rehabilitation.

**Aftercare** 89. Due provisions shall be made for providing an inmate
**and**

under a sentence of imprisonment imposed bn conviction

**rehabilita­**

**tion** for an offence, with -

(a) a certificate about his conduct in prison and the

vocational proficiency acquired by him in prison,

at the time of his release on the expiration of his

sentence or on parole;

(b) so far as is necessary and possible, material

and other assistance for his economic

rehabilitation after his release from prison on the

\ expiration of his sentence or on parole.

**Removal of** **90.** (1) Save as provided in sub-section (2), no person

**o** released from prison on the expiration of a sentence of

**employm-** imprisonment or on parole shall be disqualified or

**ent**
discriminated against on grounds of his having been

detained in prison, in the matter of employment under the

State Government or any undertaking owned or controlled,

wholly or partly, by the State Government or any private

employer.

(2) The State Government may, by notification in the

Official Gazette, direct that persons havihg been detained in

prison on conviction for such offence or class of offences

shall be deemed to be ineligible for such kind or kinds of

employment under the State Government or any


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1414 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

Provided that the State Government may, on merit

of individual cases, by order, exempt such a person from

the operation of such notification.

**CHAPTER-XVIII**

**MISCELLANEOUS**

**Power to** 91. (1) The State Government may, by notification in the
**make rules**

Official Gazette, make rules for carrying out the purposes

of this Act. ’

(2) In particular and without prejudice to the generality

of the foregoing power, such rules may provide for, —

(i) the classification of prisons, and regulation of

the class or classes of inmates to be detained in
t

each class of prisons;

(ii) the description and construction of the prison

buildings, and specification of floor Space, cubic

content of air and ventilation in buildings

occupied by inmates;

(iii) regulating the establishment and declaration of

temporary prisons;

" I

(iv) the recruitment, training, conditions of service

and functions of the officers;

(v) regulating the selection, appointment and

functions of the convict officers;

(vi) the constitution and mode of functioning of the

State Advisory Board on Correctional

Administration, the Boards of Visitors and the

ReView Board;


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(vii) the maintenance of records and registers in

prisons;

(viii) regulating the admission, detention and release

of inmates;

(ix) defining the circumstances and regulating the

conditions under which inmates in danger of

death may be released;

(x) the preparation and maintenance of history

tickets;

(xi) regulating the accommodation and separation of

inmates;

                                         - #

(xii) the classification of inmates for treatment and

training;

(xiii) the rewards to inmates for good conduct and

performance;

(xiv) the scale and manner of supply of food, clothing,

bedding and other equipment to inmates;

(xv) regulating the transmission of appeals and

applications from inmates;

(xvi) the engagement of inmates in work and

regulating the hours of work;

(xvir) regulating the remuneration to inmates engaged

in work;

!.<• V,

(xviii) the education and recreation of inmates;

(xix) regulating the interview and communication with

inmates;


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1416 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

(xx) regulating the grant of remission;

(xxi) regulating the release of inmates on furlough

and parole, and grant of day-release to inmates,

and defining the conditions upon which inmates

may be released on furlough and parole, and

granted day-release;

(xxii) regulating the manner in' which an order of

revocation of furlough, parole or day-release

may be served upon a person released on

furlough or parole, or granted day-release;

(xxiii) defining the powers and duties of the Parole

Officers, societies, institutions or persons under

whose supervision or authority persons released

on parole may be placed;

(xxiv) defining the prohibited articles;'

(xxv) defining the acts which shall constitute prison

offence; classifying the prison offences into

serious and minor offences; and fixing the
               -               -

punishments awardable on commission of such

offences;

(xxvi) prescribing the pattern and weight of handcuffs

to be used as punishment and chain fetters to

be used as instrument of restraint, and

regulating the manner of using such handcuffs

and fetters;

(xxvii) regulating the use of arms against any inmate or

group of inmates in the case of an outbreak or

attempt to escape;

(xxviii) regulating the transfer of inmates and their


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THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

###### (xxlx) regulating the treatment, transfer and disposal of
 inmates who are of unsound mind or who,

 having been of unsound mind, have become of

 sound mind;

 (xxx) regulating the assistance to the families of
 inmates;

 (xxxi) aftercare and rehabilitation of inmates on

                                                                                           - e .

###### release from prison.

 Repeal and 02. (1) The Prisons Act, 1894 and the Prisoners Act, 1900 Central savings Act 9 of
 along with the amendments made therein in their 1894;
 application to the State of Assam, and the Good Conduct Central

**Act 3 of**

###### Prisoners’ Probational Release Act, 1938 are hereby 1900;

**Assam**

###### repealed. Act 2 of

**1938**

###### (2) Notwithstanding such repeal, any rule or

 appointment made, order or direction issued, action taken

 or anything done prior to such repeal under any of the Acts so repealed shall, in so far as It Is consistent with this Act, be deemed to have been made, issued, taken or done under the corresponding provisions of this Act, and shall
 continue to have effect accordingly unless and until

 superseded by any rule or appointment made, order or

 direction issued, action taken or anything done under this

 Act, -
 (3) All references in any enactment to any of the

 provisions of the Acts so repealed shall be construed as

 references to the corresponding provisions of this Act.

**MOHD. ABDUL HAQUE,**

Commissioner and Secretary to the Govt, of Assam,

Legislative Department, Dispw,


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