The ASSAM PRISONS ACT, 2013
Registered No.-768/97

###### \bt~lt ~~~~
 THE ASSAM GAZETTE
 ~~q­

 EXTRAORDINARY

ett~ <P(w~ ,~ ~

###### PUBLISHED BY THE AUTHORITY

°if~ 217~~. ~130 ot',2013, 9 ~. 1935 ~)

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

GOVERNMENT OF ASSAM ~ '"1 . .                 -

ORDERSBYTHEGOVERNOR

_.. 1_ _,,) "_                                                                             - .f ;.

LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

' I NOTIFICATION

The 30th May, 2013

###### ..

'

###### No. LGL.124/2011/5.-The following Act oftheAssamLegislativeAssemblywhich 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


-----

###### 1358 THE ASSAM Gf\ZEITE, EXTRAORDINARY, MAY 30, 2013

I'

###### AN ACT

to consolidate the laws relating, to prisons, a'1d persons detained

therein in the State of Assam.

###### Preamble Whereas it is expedient to c6nsolidate 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 1.

committed to provide correctional treatment and tO prisons so as to facilitate their rehabilitation as law-guidance to the offenders I I

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 enacte~;Jn the Sixty - fourth Year of the Republic

###### I:
 of India as follows: -- i : :

CHAPTER I

PRELIMINARY

###### Short title, 1. (1) This Act may be called the Assam Prisons Act, i'
 I
 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;-


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY30, 2013 1359

(3) "appropriate Govemmentn, in relation to suspension,

remission or commutation of sentence means -

(a) in cas3s where the sentence is by· a Court

Martiall 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

(~) in cases.where ~he sentence is by a· Court t?ther

than a Court Martial, -

. (i) if . ~he 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, whethe~, 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 , Gov'emment of the
,. ; ,

State or. Union Territofy 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;

_I_

(5) "prison", which is synonymous with "jailn, 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 un'der any law, but does not include -

###### (a) any place used or appointed for the detff:tntion

of persons exclusively in the custody of the


-----

1360 THE ASSAM G,AZETTE,>EXTRAQROIN;\R.Y, MA y ;30, ~013

###### . (b) any place:' specially appointed, by, ,the State. Central

 · · Act 2 of
 GO\'.ernment under sectior.i •417 .of the Cqde of 1914
 Criminal Procedure, 1973;

 (c) any institution established under the Assam Assam

 Borstal Institution Act, 1968;_ · Act 1 of 1969
 I
 (d) · any institution established 'Of". certified or Central !
 J
 recognized under the Juvenile Justice (Care & Act 56
of 2000 I 1

###### Protection of Children) Act, 2000. ! :

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

centralised detention and correctional treatment of

offenders sentenced ., 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 al.I classe.s of per$ons committed by the

Courts of a district or a sub~ivision thereof;

(8) "sub-jail", which is ·synonymo~s with "subsidiary

jail'~; . means a class .·of                          - prison meant for detention of

###### undertrial persons committed by-the Courts of a district or i

, 1

###### a sub-division thereof; I

 (9) "special jail" means a class of prison meant for I
 detention of, such,, class. or cl.asses of perso~s as specified

 by rules made under this Aqt af'!d orders mad~ . under $_Uch

 rules;

 (10) "ppen jail" meaRsv.~ cl~.ss of .prison ~)th a

 demarcated .periphery but withqvt aoy high enclosu(e wall

 and meant . .for detentio'1 of qffenders sentenced to

 relatively long terms of imprisonment, after satisfactorily

 serving .a part of _such imprisonment Jn closed prisons, with

 a view to developing their sense of responsibility, self-

diseipline-and ' . self-esteem - prior.to release ·' from prison; .. . .

. ....

###### (11) "?Jffence" means an act or omissiqp punishable
tp


-----

###### 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

###### Code of Criminal Procedure, 1973, or in default of ~~n~~f

 payment of maintenance under section 125 of Chapter IX 197 4 ·t

 ·'
 of the said Code;

I ;f

###### (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) ucivil 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;


-----

###### _13_6_2 ____ T_H_E_A_SS_AM __ G_AZ_E_'I_l_'E.;_, E_XTRA_· __ O.;....RD_ IN_AR_· _Y.:....:., MA~Y.:....:....30:.:.' .:..20:..:l.:.3 _____ ~

 (21r"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 Crimin~!

 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 ' •f

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

 unsound mind; ·~.

(22) "separate confinemenr 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 Jife;

###### (24) "imprisonmenHor life" means imprisonment fpr

 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;


-----

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1363

###### (26) "history ticker 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-release" 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;

 @6) "section" means section of this Act.


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1364 THE ASSAM GAZETIB, EXTRAOROINARY, MAY 30, 2013

###### (37) the word •he" and Its derivatives ahail be

 construed to mean ·~my ·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 Prooedure, 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 cQmply with the
 Prison I
 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 P~!sons so established as

Central 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

###### and it is not convenient or safe to transfer the


-----

###### 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 conver;i'iently

or safely be kept in the prison established under sub•

section (1)

###### ..

CHAPTER:.111

###### 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 Ill 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

###### 0) to preserve and promote correctional and

 reformative environment and be responsive to it.


-----

THE ASSAM GAZETTE, EXTRAORDlNARY, MAY 30, 2013 1367

_.-•:,.._

CHAPTER-IV

ORGANISATiONAL STRUCTURE

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

Gener(il 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 Adn1inistrative 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 powe.rs

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.

(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 General and the Assistant

Inspectors General of Prisons at the prison headquarters.

~
###### ..


-----

###### -----1368 -------------------------THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013  ,._

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 territ~rial 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, voc.ational · instructors, educational instru·ctors,

physicar instructor with' yoga instructor, for male arid
###### '. .

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-divfsional 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 c;>irector of Health Services concerned

or the Sub-division~! Medical and Health 9f,ficer, 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 ' 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 .th_e prisons

of the State.

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

the prison, · and shall, subject to the direction and control of

###### Superinten- dent the Inspector General, --

(a) manage the prison in all matters

connected therewith;

_•..J_

###### (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 G.ovemment, th~

Superintendent of a prison shall obey all orders, nc.t

inconsistent with this Act or any rule made thereunde ,

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

Magistrate, and shall reoort to the Inspector General ei:

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 fr


-----

(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

i

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

or is likely t? be, ~njuriously 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.

I

I
l Functions 11. (1) The. Jailer shall be the immediate subordinate

1

###### of Jailer

officer to assist the Superintendent in the management of

###### I

j

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

#### ,

the Superintendent, perform such functions as may be

I
I
I prescribed.
###### I 1 l

(2) Th'e Jailer shall take temporary charge of the prison

during the absence of the Superintendent on tour or

###### I I

otherwise, and while holding such temporary charge he

###### t
i may be allowed1 by o~er 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

. I · 1 mean the seniormost Jailer .

i

###### (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.


-----

THEASSAM GAZETTE, EXTRAORDINARY. MAY30 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-clay adm.inistration 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 Co1,1rts 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 · '·' ·13. Every other officer of a pris0n, not mentioned in of other

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

###### officers of prisons by rules made under this Act or by the ln'spector 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


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###### __1372 __________ THE ASSAM GAZEITE, ___:____;._ EXTRAORDINARY, _____ _:__....:.:.....::.....:..:..:~=-------''~~ MA¥ 30, 7013

 Search at 14 Subject to rules made under this Act, the officer in main gate
 charge of the i:nain 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) . ~e 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 tpur 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.


-----

_!/_ ~~~~~~~~~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 pris~>n; 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 repre~sion 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 t<?

###### perform in that capacity such functions and subject to such

regulations as may be prescribed.

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

Central

prison under this section shall be deemed to be a public Act 4[5 ]

servcmt within the meaning of section 21 of the Indian of 1860


-----

1374 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

Offences by 19. (1) Every officer of a prison, who shall be guilty of a'ny

###### officers of
 violation, breach or neglect of any rule, regulation or lawful
 prisons

orders shall, -·

(a) in cases where such violation, breach .. or .

neglect constiMes 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 ..

(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

aoard. 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


-----

            - THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1375

###### Board of 21. The State Government shall, by notification in the Visitors

Official Gazette, constitute a Board of Visitors, for each

prison, in the case of prisons in distr.ict 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,

~ncluding 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

          - ~!ntion of du!y committed to prison ~Y any· writ, warrant or order

###### persons issued or made by a Court shall be admitted and detained

duly

###### in prison according tc:> the exigency of such writ, warrant or
 committed to prison order, or until such person is removed or discharged in

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

shall, forthwith after the execution thereof or after the

discharge of the person committe~ 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.


-----

_1_37_6 _ ___ T_H_E_A_ SS_A_M_ G_AZ_ E_T_TE_,_E_X_T_RA_ O_RD_ IN_A_R_Y_,_MA_ Y_3_0_, 2_0_1_3 _____ ~ 1_,

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 pe~son 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 evide11.ce or being a

victim of offence :

Provided that a person of unso4nd mind

committed to prison for sate. 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.

(3) Juveniles, that is, person~ 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

1

parents with its legal guardians till attainment of the age of

six year$ if it cannot be placed with re·1atives 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 VIII of the Code of Criminal 1974 ·

PreeeElt1re, ~973 e"1all Ftet ee aEIFfli~eet aAet etetei .AE!!~ iR

prison except under section 122 of the said Code.

Particulanis 25. At the tinie of admission of a ,;, .. person in . prison, . the .

###### to be

following and such other particulars shall be entered in

###### recorded on
admission such register as may be prescribed : -

''i. .f.

(a) particulars concerning·· his identity, including

###### height; complexion, personal peculiarities, If

any, and ma.rks oftdentification;

_ (b) reasons and authority of his commitment to


-----

###### THE ASSAM GAZETfE, EXTRAORDINARY, MAY 30, 2013 1377
 .,

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

 (d) name and addres& 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 ordetof1 the Jailer in a manner

 consistent with decency and reasonable privacy:

 'Provided that the search of.$ 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 wf1•ch the Jailer

 finds it oontrary t.o .the rules as may be prescribed, or

 deems it dangerous .· or ·jnexpedient, to leave in the

 'possession of the inmate shall · ~e taken from him and

.;;·                                    - placed in the q_u~tody of the Jailer to be dealt with in the

###### manner prescribed.

 Medicaf 27. Every ·newly admitted in.mate shall, as soon as examina-
 possible ·after admission, be exa.mined by the Medical
 tion on admission dfflcer, Who shall enter in the prescribed register a record

 of the inmate's health and of any wounds or marks on his
 r;jerson, the class of labour tt~ .. is fit for if sentenced to

 rigorous Imprisonment, and 81JY,· o~servations whi~ .. the

t I , ~ . '; ,, 11 .. '.

###### Medical Officer thinks fit to add : r.,. . .. ·.•
 Provided that the examination ~f a female inmate

 shall be carried out in the presen~ of a f~male officer .

 . . ~
 Taking of 28. As soon as may be after th'? admission of an inmate,

pho~9raph -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

di~ed by the Superintendent on the advice of the


-----

Orientation 30. As-~n as possible after the admission of a person
on

###### in prison, tlrls Welfare Officer shall, --

admission

,.. ,t.

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

 explain to him the institutional rules, regulations,

 routine, discipline, amenities and facilities;

_:-1:'_

(b)l[1]~nquire about his indiyidual problems and help

###### him find a solution;

 (c) prepare· him for a positive adjustment with the

'6.·., ' .. ~

###### institutional environment; and, if the person is a " i

C ~ . , ~                                               - r

###### convicted person, ....

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

1                                  - · :needs, aptitudes and capacities;

                                                                    - ••• '                                                                     - ~ fl i

(e) inform him about the correctional and

.                                                                           - _-:- .- •_ '

###### rehabilitative facilities available to him and

J e.ncourage I ,,_ him to make a constructive use of the

###### same;
1.:,;[1 ] _'SI._

(f) plan a suitable institutional programme for him

Classifica- 31. (1)" As· ;soon as possible after the orientation of a
tion for

###### convictel:i perSon, whose sentence of imprisonment after

correction-
nal setting· 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

 Classificatia'n Committee consisting of the Superintendent

 as Chairmai1/' the Medical Officer, the Jailer and the

Welfare Officer as members, shall decide upon a suitable

###### programme ofcorrectional treatment and training for him in

 the light of his individual needs, aptitudes and capacities
 and with a viewito his social rehabilitation,

(2) All                       - ~uch inmates shall be classified by the

###### Classification Committee into homogenous groups in

 terms of sex, age, type and frequency . of offence

"J• ".

###### 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 dealtwith 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.


-----

###### 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 shalt 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

1 , from other inmates.

                                                                                                                                                                                                                             - l

###### (f) inmates belongs to extremist, terrorist and the

criminals                           - dangerous in nature and

unsoundmind shall 'be kept apart from other

inmates.

###### Inmate ~5. An inmate whose sentence of death becomes final,
under

conclusive and executable without any further scope of

###### sent4fnce of
death annulment by any judicial or cqnstitutlonal 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 GAZETIE, 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 offenciJ

separate

###### conflne-- 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 inm~te· shall be visited at leas~

.;-. once a· day by the Medical Officer ..

###### Measure of 37. (1) No .inmate shall be subjected to any measure of

i ' ,. l.

restraint

restraint to curtail substantially his limited liberty within the

prison, or while in transit, ex¢ept 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 inm~te

should be subjected to physica• restraint, he may, for

reasons to be recorded in writing and subject to rules

made under this Act in this behalf, -- 'i

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

;                                                                                           - . ' \
other inmates subject to the: conditions that he

. ~hall not be secluded from communication with,

and sight of, other inmates, or, unless special

###### "

circumstances exist, be. debarred fro~ having

his meals in association of one or more other .

;. inmat~s; or

(b) confine the inmate in chain fetters of such

description as may be prescribed by rules made

under this Act :

Provided that -

(i) no inmate shall be confined _in_ chain fetters

under this sub-section unless prior

permission of a Court having jurisdiction .. is

###### obtained for confining the inmate in Chain


-----

(ii} no chain fetters shall be imposed on any

###### fe.male inmate, civil inmate ot detenu;

 ·'

 (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 sh~ll by order withdraw · the measure of restraint

 whenever he is of opinion that this can be d.one with safety

 or on the recommendation of the Me.dicai c;>fficer at any

 time on the grounds that its continuance is injurious to the

.• ·i•

###### health of the inmate : .. , "

                                                                                                                                                                                                                    - ~ ' _:_ I '

###### Provided that the continuance of any

 measure of restraint imposed under sub-sectiqn (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 ir_nposed 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

:~:t:~~trol which he may be lawfully detained, or when tle 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 deer'l"Jed to be in prison ·and

 shall be subject to all the same inci.dents as if he were

 actually in prison.


-----

___ j_                - HE ASSAM GAZEITE, EXTRAORDINARY, MAY 30, 2013 1383

~~~~~~~~~~~~~~~~~~~~~~~~~~~~----'-

Discharge 39. (1) No inmate shall be discharged from prison agt.1inst
###### of inmates

his will if labouring under any acute o~ 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 ~foresaid to the court under whose writ,

warrant or order the inrriate is committed to priso.n as well

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

aforesaid •. rpa~ing the order for discharge of the inmate.

l '

###### CHAPTER - VII

 LEGAL DEFENCE ANO 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 detail:led and,

exp~nsein
###### certain on submission .. ~f 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 9ood reason, unable to eng·age a pleader to

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

under the relevanf provisions of law or to be defended .in

t'1e trial of such case or cases, the Superintendent shall Central .

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 fQr providing legal services at the

expense of the State .

. :', ~

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

application for ·revision, atid where it appears to the

                  - ~~ ...

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


-----

_13_8_4 ~~~-T_H_E_A_S_S_A_M_G_AZ~E_TTE~,_E_X_TRA~·_o_RD~IN_AR_· _Y._,MA~·-Y_3_0,_2_0 _13_· ~~~~'-

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

###### sentence of death or imprisonment and the copy of

Central

###### judgment to be furnished to him free of cost und_er section

Act 2 of

###### 363 of.the Code of Criminal Procedure, 197~ is sent by the 1974
 sentencing Court to''the Superintendent of the prison for

 delivery to the person sentenced, the Superintenc;fent shall

 imiTtediaterY c~use i.t to be delivered to such person and

 obtain written acknowledgement thereof from him.

_•[_

###### ' (2) Where su.ch 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 I I

.,,. immediately apply to the Gourt for such copy, I

###### Facilities 42. (1) The.'Superintendent shall inform every convicted for appeal,
 inmate of . his right to prefer · appeal or application' for
 etc.
 revision, suspehsion, remisl:!ion o'r commutation of his

' ..,

s~ntence, and of the period within which ·.s1.,1cli appeal or ,J1:

. _"i ·._ _l_ . I:

###### application is to be made. •·

 (2) Any convicted inmate desiring to make an appeal

 or application as aforesaid shall be granted every

 reasonable facility for that purpose by the Superintendent,
 who shall, if such 1inmate is unable to write his appeal or

; .

appli~tion, cause his appeal or application to be written

by an officer of the prison.

###### .. (3) The . pres~ntation of an appeal or an application for .
Central
###### revision to the Superintendent shall, for the purpose of the Act
36

###### qmitation Act, 1963, be equivalent to presentation to the of 1963

 appellate or revisional Court.

 (4) The Superintendent shall not withhold any appeal

 or application for rPvision even though it is apparently
 barred by limitation, b.ut 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.


-----

,~~' ----~T~HE~A~S~SAM~· _::G:.:.:AZE::·:::':.:l"l:.:'E:_, E=X::.TRA:.:.::.:..:O:..:.RD=·..::.:IN __ AR_ YL, MA_._Y_3..;;:.0,_2_01_3 ____ 13_8_S

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

###### received within a reasonable · P.ertod, the Superintendent . '

shall enquire about the result, and thereafter repeat the

###### enquiry at reasonable intervals. .

 · Reference 43. 'c1) Where a sentence of death is passed or confirmed
 to

'·Governm- by the High • Court and .~. the person sentenced i does not

###### • ent: " make. an appeal to the Supreme Court or an application for

. ,.

###### regarding execution mercy within.the ~~ipulate~ perlod1 or where a sentence of 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

###### referenat· '<;>f ·the ·case to the State Government under

intimation to the inspector Gene_ral, and postppne 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 proc;eed ~o act as if

 an application for mercy has been made by the inmate

 under sentenoe·of deafl1, and-:

., ,~~ . .,

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

'·

###### death, ma'y 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

###### th.at power, shall refer the case to the Central

 "Government for decision;

 {c) if It d~s not have the power to commute the

 ·sentence. of 1 death, sh8il,. 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.


-----

###### CHAPTER - VIII

 FOOD, CLOTHING AND BEDDING

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

the s~le prescribed' ~ith.                  -

clothing
###### and bedding j.~
 etc. · {a) food, which shall be whol~~ome, palatable and

                                                                          - '· f· .. h.ygenic ;

1
. ' '(b) clothing, which shall be suitable for the climat~

and. adequate for personal hygiene, and which may be

epns~;~uous for each category of inmates, but shall not be

humil!~ting or degrading; "

                                         -

###### (cf bedding, which shall be suitable and sufficient

:( _r_ _:_ .

. , J9r 1he climate; and
. ~;~ \~ . .

'
(d) other equipment as may pe necessary.

:_, •'                                                                                                                                                - r~

(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.

1·

Procurem~ 45. (1) An inmate other 'han a. c9nvicte~ inmate, if he so

###### ento{
 desires, shan'': be p~rm·itt~d' t~· procure, or receive from
 clothing
 '

from private private sou'rces~ . minimum items of clothing. (but not

        - ource$

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 transg.ressing the provisions

of this sub-section sha.il be d~barred ·from. procuring or

,. 1

receiving a~ aforesaid any cl~thing for such time as the

Superintende~t thinks proper.

t .

###### ce Maintenan-of civil 46. When any civil inmate is committed J to prison in

execution _9f a decree' in favour_ of a private person, such

inmates _i_

..... . person or his representative shall, ·-

~) ..


-----

,- THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30; 2013       - 1387

,.,

###### (a), make the first payment of, the monthly

 subsistence allowance as fixe.~. by the Court to
. , .. "

###### , the proper officer of the Court for transmission to

 the :superintende~t. and if if. .has not been so

 m'de -to an officer of the Cou!'t, then directly to
 . the Superintendent; and .... '..1

_>\_                                    -

###### '·"'·
 (b) make the subsequent, payments of monthly

 subsistence allowance to the Superintendent in

 'adwnce before the first gay Qt 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

I

###### H§AbTH .CARE

 San,Jtation 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 ~hall contain adequate floor

 space, cubic content of air, lighting and ventilation

 aFrangemenfs.

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

 provided to enable the inmates to comply with the needs of

_.1•._

###### nature in a clean and decent manner.

 (4) Facilities shall be provided to the inmates to keep ·-"'

 themselves, . their Clothing, bedding and other necessary

 equipment clean.

 Prleon 48. In every prison there shall be provided a hospital or a hospital
 proper place for reception and treabnent of sick inmates .

 •

..


-----

###### Sick 49. (1} The name of any· inmate desiring to see th.e

.. _{•_
###### .

inmates

###### Medical Officer or appearing to be out of hf*.llth },n mind or

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

 immediate. charge of such inmate to the ,Jailer, who shall,
 without delay, call the atte~tion of the Medical Officer to

 such inmate.

 ' . (2) The Medical Officer shall ~xamine such inmate .. as ,

aforesaid and also.such' ot'1er'°fnmates as appear to him to

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

 in writing as he dee.ms 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 matt~rs EIS are to t;>e carri~d into effect by the Medi~I

###### .of Medical

 • Officer himself or ·under hi,s superintend.ence, shall ·pe

Officer

###### entered day.by. day in such rec0rd as · may be prescriped, .. and shall be ·carried into effect by the Jailer with the

 sanction, where necessary, of the Superintendent; and the

 . Jailer shalt ma~e afl:. 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 avaiiable, a

###### mind , .
 Psychiatrist, any inm~te appearing to become of unsound

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

 report th.e case to the Court by whose warrant or order

 such inmate is committed to prison. . .

(2) If after such observation as aforesaid, tl)e inmate

###### is found to be of unsoun(j 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 tci .,prison. if such inmate is

 an un<:1etlrial-inmate, for appropriate orders of


-----

###### THE ASSAM GAZETTE, EXTAAORDINARY, MAY 30, 2013 1389

 (b) to the Inspector Genera~« such inmate is other

 than an .undertrial . inmate; -for appropriate . ·

action under. Se~i;>n . 82 with regard to such

inmate;

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

 priSon for safe custody uric;ter section 330 or section 335 of

 the Code of Criminal Procedure, 1973 without any specific . ~:1~~f

 ordel'S frci>m,, the :eomrnitting Court for · his removal to 1974

                                                                                                                    - . .

###### asylum, : the Superi11tendent .shall report .. Jhe ~se fo the

_r·_

###### Inspector General for appropriate a~n under ~ection 81.

 Death of 52. (1 ). On the death of an. inmate, whe.!her ill$ide. a pris<:m
inmate

###### or while undergoing tre~tment in it'· hospit$1 outside ttie pnson, the Medical_ Officer of the prisen shJ'JI forthwith

 draw up a report stating the followjng 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.ffl;

                            - (ii) the day on which                            - the . M_edical Officer was fir.st

(•~ .. .

###### informed of his Illness;
 .. (iii) the day on which he was admitted to ho$pital;

 (iv) the nature of his illness:

 (v) the treatment given;

 • I

(vi) when the deceased was last seen before his

###### dtath by the Medical Officer;

 (vii) when the inmate died;

 (viii) any $pecial remarks that appear to the Medical

 · Officer to be required. •It·, "

,;

###### (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 give~, to

 "1e District or Sub-dMsional Magistrate,
 and to the o~r !" charge of the police
 station withio whose Jurisdiction the de~th


-----

###### 1390 THEASSAMGAZE1TE,EXTRAORDINARY,MAY30,2013 "
~~~~~~~~~~~~~~~~~~~~~~~~~~~,---~'~ ..

(b) an inquest shall be he~ by an Executive

Magistrate to be deputed by the District

Magistrate or Sub-divisional Magistrate,

as the ease may be; and

(c) a .post~mortem · examination s.ha!l be

###### conducted by a com~~tent medical

authority~ . "

Provided that in cases where the deceased

###### happens ·to be a .. child kept in prison with its. :mother or

father, post-mortem examihation shaH not be done unless

the Magistrate holding. the inqu~st, c(fter considering t.he

###### " ·cireumstances in which the child has died, suspects the

death to be homicidal and recomniends for a post.-morterrl

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

dece~sed child. desires s1:1ch ~ post.-mortem examination to

be done.

\. ."\.
###### CHAPTER-X

WO~K.

###### Work by 53. (1) A convicted inrn$te sentenced to rigorous convicted

ii:nprisonmei:it shall. and a convicted inml!te sentenced to

###### and .. """ . .. . undertrlal simple! Imprisonment or an undertrial inmate, if and as long
inmates

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

be of an afflictive, degrading or humiliatin9 nature, and

which shalt, 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 eam a

living after re,lease.

(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 ,

\ .' C...· -----------------:-----------------

###### (3) The Medical Officer shall from time to time . and . . at
 least once in every month examine every inmate ertgaged

 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 ctass of labour in which he is engaged,

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

 class of fabour 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. entitl.ed to the scale of diet

 prescribed -for inmates on labour; ,~nd a-convicted inmate

senteneed to rigorous imprisonmerit, who ·r~ftises to work,

###### shalf be entitled to the scale of diet prescribed for.inmates

 ·not on labour.

J _··..:_

###### (5) The State Government may •. by rules made under

              - .

###### this Act, provide for remuneration to the inmates engaged

 in work under the provisions of sub•s_ection (1), as

 - incentive but not as compensation, for such work, subject

-~ _"•·':_

t~ due performance of the prescribed quantum of work and

###### depending upon the kind of work .or class of labour or the tYPe of institution.

 · (6) Out of th~ earnings of an inmate remunerated as

 aforesaid, any amount shall be aUowed to be spent-by the

' :

###### inmate on payment of fine, oompensation, cost 'or se·cuFity·

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

for services renctered 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 's.et aside by

., _',>._ .,

###### the Superintendent so as to constitute a savings fund to be

 handed over to the inmate on his release from prison.

 (7) A canvicted inmate sentenced to simple
. .                                         -

###### imprisonment or an undertrial inmat.e, who ls engaged in

 work at his QWJ1 desire, shall not be punished for neglect of

 work


-----

###### _13_9_2 ____ THE_t·_A_S_S_AM_- _G_AZ_ E_TIE_ ,_EX_T_RA_ O_RD_ IN_AR_ Y._,MA_ Y_ 30_, _20_13 _____ , \,

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

c~vil Inmate

###### engaged in work on the. same terms and conditions as set

 forth in section 53 · wittl -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 not engaged in work· 1,mder
 c;lean their. ··
 the provisions of the foregoing sections, shall be required .
 own clo.thing, to · clean his own clothing, bedding, equipment and etc.
 apartment, su~ject to rules made 1:1nder this Act.

CHAPTE~-XI

###### EDUCATION, RECREATION, INTERVIEWANb

.. COMMgN{C:~TION.

###### Education 56. The ~tate Government sh1;1JI, so far as possible, l:>y
 suitable ,scheme,$ ,or -programmes, provide for general,

 social and moral education :of the inmates, with particular

 emphasis ·on removal of illiteracy amon~fthe inmates.

                                                                                               - _...·1_

\"'

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

 categories of inmates, which shall b'3 stoar<ed, as tar as

 practicable, with both instructiontal and recreatio.nal books,
 '" .and tlJe inmates shall be encouraged to make.full use of it.

 News ~8. The inmates shall be kept informed regularly of the

 important items of news by the readfi1g of newspapers, by

 the hearing of radio. transmission, seeing 'television or by
 s.imilar means as provided or authorized' in tlie prison.

,.,_

###### .Religion 59.. Subject to rules made urider this Ac( 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· tar as practicable, and subject to rules made religious
 under this Act, arrangement shall be made for, ..... __
 instruction


-----

THE ASSAM GAZETTE,EXTRAQRDINARY, MAY 30, 2013 1393

(a) a philanthropic person, institutia(I or society to

hold moral discourses among the ·inmates at

reasonable intervals; and

(b) a qualified representative of a reijgion to hold

religious discourses and servicea among the
###### -'{'·

inmliltes of his religion at reasonable intervals.

###### Recreation 61. So far as practicab~, and subject to rulee made under

this Act, the inmates . shall be provided with facilities for

exercise, games· and · sports, muaicat and cultural

performances, and other facilities for recreation.

###### Interview 62. Due provisions shall be made in th~ prison for - and communi- cation ·

' .

###### (a) ar'). Inmate to communicate, both by receiving

visits and by , correspondence, with their relatives,

reputable friends an~' legal adviser:S · at reasonable

i!ltervals and under reas6hable restrictions, care being

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

appliclition for revision of sen~ence, may oo,mmunicate

###### with his legal adviser within the sight, but l'lQt within the

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

###### • (b) an inmate, who Is a member of a State

Legislature or of Parliament, to com!!'unicate 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 Prlvileges) · 9f such ·

                                                                                                                                                                                                                                - ;~··· '

House or of a Joint Committee of bot~ 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 tefugee or a stateless person, to communicate through

prescribed channel with any' recognized national or

international authority taking charge of the interests of

Ii

###### ·" ,. such natiQnals, refugees or statele,ss persons.

                                                                                             - .. ·.•

"'

Search of 63. (1) The Superintendent or the Jailer may demand the
###### 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

cause him to be searched :

###### Provided that -

, •..

                                                           - '

(a) the s~arc~ sh~ll .not be made I~ the

###### presence of ·any inmate or of any other

visitor; and.

{b) the seatch 'of a female visitor shall be

                                             - carried out.by a . ta.male officer; . ~·

.i.~) In case of any such visitor refusing to permit

'
###### . himself to be searohed, the Superintendent or the Jailer (#

. '~ '

###### 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, --

eomplalnts

(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 Generat and to any judicial

###### or other proper authority, through approved channel.

**CHAPTER - XII**                            -

**REMISSION, FURLOUGH, PAROLE AND DAY·**

**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 1 ~ ,

Provided .that the remission granted under the

provisiorls of this sub-seqtion shall be subject to

withdrawal, forfeitt1re or reypcation in accordance with

rulesmap~·unge~t~.isApt. · •.:;:

~ •· .. •-r

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

special orders, grant stat~ remission to the convicted

inmates or any category of the convicted inmates on

~ occ8f)ions ,Qf ·P.µblic importance or public rejoicings.

(3) Any convicted inmate sentenced to imprisonment

                                                                                                 -

for a 1erm shall be entitled to be released from prison on

his actuat period of imprisonment undergone together with

remission granted under sub-sectiorli5 (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 person,.; is detained in prison under a

 sentence of imprisonment, and the State Government, or

 arw authority empowered by it in this behalf, is satisfied

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

 likely to eommit· any offence during a period of temporary .

_I_ . ~"

releas~ ,ffPP1 prison, the State Government or such

###### authority 'tnay, subject to rule$ made under this· Act, by

 order direct that such person be released .on furloughi 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 co.nditions 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 Govemment or the authority making an

 order under sub'-$ection (1) may, at any time, on being

 satisfied that the'Pe.rson released on furlough has failed to
 observe any of the conditions of furlough, revoke such Ii
 order.

' ~. I .

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

 (2), shall spe.cify 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·sha:ll be

 reckoned as a part of the period· of tmprisonment 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 pursuanee of ~uch order shall not ~ so reckoned

 as a part of the period of imprisonment.


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1397

(5) The period during whic_.b a person is absent from

prison on any emergency ground in pursuan~ of a

furlough order shall not 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 A6t, 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

1958 or any other officer appointed by the State of 1958

Government ·~o be a Parole" Officer, or of a society, an
. ' ;.,

institution or a responsible person'Williog to take charge of

him: .. .

Provided that when an or~er is made under this

section .. for, rel~se .•?." parole 9f a . person in respect of

whom 'the e. State Government is not the appropriate

Government as defined in· section 2J>f this Act, intimati.on

about such order shall be immediately communicated t;>y

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 pUQishments provid~d by law shall be released on

parole unless he has served'· at least ten yea~ of actual

                                                                                                            - ~ I , r : t ... ~

                - mprisonment including any period of detention undergone

during investigation, inquiry or trial of such offence ~

(2) Before making an order under subrsection (1) the

State Government shall take into consideration the

recommendation of the Review Board constituted under
.
###### -

                  - section 22:


-----

i 3 ;,,g 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 Jife is

remitted by th~ appropriate Government

or until the parole order is revoked,

whichever is earlier.

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

satisfied that the person released on parol~ has failed to

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

discretion, revoke a parole or~er: '

(5) An order of revocatiof'l 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 pumuance of a parole order in force shall be

reckoned as ~• part of the period of imprisonment to which

he was sentenced: _:.':·_

Providod that if the· parole order is revoked under

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

released on ~larole 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

t '·

Day~ 68. (1) In exceptional cases where a pers9n is detained in
###### release

prison under a sentence of Jmprisonment and the State

Government, after t~king 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 sati~fjed

that his prospects of rehabilitation after release from prison

are likely to be substantially enhanced if he is enabled to
###### ..

acquire better qu.alification 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 all?w 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

' "f                                                                                                                                                        -

industrial establishment, upon his giving an undertaking in

. writing to observe ·the conditi~ns specified in the order and

###### f

upon his entering into a. bond'\vith .surety to return to the

prison every day immediately after attending such

institution or estabiishment, and . : . . .subj~et to supervi~ion of a

Parole c°fficer •. wh% may -be a Probation Officer apppinted

under the Pr~b~tio~ of Offenders Act, 1958 or any other ~ Central

0
officer appoJnted by the St~te Government to be a Parole ' ~~ 95[~]

Officer.

(2) Before making an order und~r sub-section (1), the.

State Government shall take. into consideration _the

recommendation of the Review Board constituted under

###### section 22. ,

                                                                                                      - _ri_ ~l _: ~ .._

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

satisfied that the person granted day-release .. under · ~ . sub-

section (1) has failed to observe any of the con.ditions of

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

order for day-release.

                                                                                           - . .:: .

... . ~ •, . _.L'_


-----

###### 1400 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2-013

. ,•)

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

                                                                                                                                     -
###### shall specify t~e 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

Superinten~ent of the prison- on the expiration of the period

###### surrender
 of release on 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
 i
 such failure be without any lawful excuse, be liable upon
I•: '                                                                                - ! .

###### conviction before a Magistrate of the first ·class to
 /.
I

###### imprisonment-of.either description for a term not exceeding

.1 two years or to a fine not exceeding one thousand rupees I

                                                         - ·
###### or to both, without prejudice to any proceedings that may

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

I

###### such.bond as was entered into for such surrender or return . ; ~.·.
 ,,
 to the prison. ·

 CHAPTER - XIII

 PRISON OFFENCE AND PUNISHMENTS

 Prison 70. The following acts and omissions on the part of any offences
 inmate sryall be deemed as prison offences: -----

' . ; .

###### (i) conspiring or assisting' to escap~;
 . I

I

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

 (iii) orgainslng ~r 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:

I


-----

THE ASSAM GAZETTE, EXTRAORDINARYf MAY 30, 2013 1401

(iv) omitting or refusing ~~ .report, as soon as it

comes to h.is knowledg~ , 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 ~pon to do so In ddusing 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 .                     - :1 . .. , . . l ' of

law and order and discipline in th~ prison;

(viii) wilfully tampering in a11y way:; with ... walls,

buildings;· bars;. locks and .,key~ '.                    - lights .. or lamps,

handcuffs, · fetters or in;ms of any .. other

_)_

description, or any other security and custody

measures of the prison;

###### (ix) communicating or atten:lpting .. to communicate.

                                                                                                                                   - ..;:

with outsiders otherwise than through authorized

channels; _)_

(x) receiving, ;, possessing or tran~ferring any

prc)hibited article;

                   - (xi) wilfully tampering with or defacing history tickets,

records or documents;

(xii) wilfully causing d~mage to p,ri!3on property;

                                                                                                - .

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

other inmate; receiving, possessing or

transferring any such stol~n property or article;

(xiv) wilfully bringing ·any false ~qcusat/on against any

officer. or inmate;
###### .·.

(xv) .using indecent, abusiye, insultf11g or threatening

language;

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

###### or disorderly acts or gestures;

(xvii) wilfully hurting religious feelings, beliefs or faiths

of aey inmate, or attempting to convert any


-----

1402 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013

###### (xviii) refusing to eat the Jood prescribed by prison

 rules, or going on .'11i.1,n_gerwstri~e;

 (xix) willfully or negligently destroying or . spoiling
. ..

_i_ food;                                                                                               -                                                                                               -

(XX} feigniAg, illness, or wilfully causing to himself

###### , .. any illness, injury or disability; _,;
 " (xxi) omitting or refusing to . perform work, .or wilful

 idleness or negligence at work, as assigned to

.him in the manner prescribed;

(xxii) such                                - willful disobedience to any rule 0 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
1

###### indirectly;· any . inmate to__ com~~t 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);

 (ii) forfeiture of remission grant~ under the

 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;

(iii) forfeiture of such prison privileges for such

###### period as may be p~~pribed; .

(ivj'. , _tempora_ry or permanent removal frQm a prison

###### office or reduction from a higher to a lower grade

 · of prison office;
l

(v) imp~i,t_iQn of . ~~ndcuffs of such pattern and

' weight~ .,~ such manner and for such period, as

###### 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 months:

Provided that separate confinement for

a period exceeding one month shall be su,~ject

to prior approval of the Inspector General.

(2) Any two of the punishments enumerated in ~ub­

sec~ion (1) may be awarded in combination'tor any prison

offence, subject to the following exceptions, namely: --

                                                                             -                                                                             - · ~ "' ' .... ; .

(a) formal watnirig shall not be combined with any

other pu11ishment;

-' ,.

(b) Imposition of handcuffs shall not 6e combined
. ; . . ' .. ~ ~ _.&_ "':-

with separate eonfinement; '.

~~;;

(~) Np punishment shall be awarded f9r · an~ prison

                               - .                                - ,:                                - offence so ~s ~o C?~bine, togethe~ ~ith'th~ punishment _I_

'· awari:fed for any·                                    - other                                    - pris~~- off~nce, 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 offe.nce alleged against him and given a

###### punishm-
**ent :·** .reasonable opportunity of making his defence.

                                                        - .

###### . ..: · , · (?J, No inmate shall b_e punished except by orders of

the Superintendent made in ·· accordance With the

provisions of this Act and rules made tnere under .

. .,                                                                                                   -

(3) No inmate shall be awarded any punishment other

.• tht;!n"the punishments enumerated in section 71 except by

.                                                                                                  - 4 _t_

###### ord_!r of the Court.

""                                                        - ;


-----

1404 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30_, 2·013

(4) No inmate shall be puni,ned twice for the same

offence:·

Provided that any, me'asure 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 shall be immediately''

###### informed by the Superintendent of the award of such ..

I

###### punishment. and who shall visit every inmate undergoing
 such punishment at least once a day and report in writing j.

 to the Superintendent if he considers the termination, I· I
 I
 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 num_ber of previous prison offences

_II_ I

###### recorded against him, and the -date of his last prison

offence, · the punishment awarded: and the .. date of

###### , I
 infliction.

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

names of the witnesses proving the offence shalt be

recorded, and the Superintendent shall record the

_:Ji··_ .• ...

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 GAZETIE, EXTRAORDINARY, MAY 30, 2013 1405

 Procedure 74. (1) If . . any inmate · A ~ is found guilty of any prison offence on
 which, by reason of his having frequently committed such
 com miss .. ion of offences: or ,_. otherwise, in . the opinion of the
 serious
 Superint¢ndent, is not adequately punishable by the
 offence

 · infliction of any punishment which 'be has power under this

                                                                - _,.-r_ ).., _·•:i.'•_ _' I'_

###### Act to award, the Superintendent may forward ~uch inmate

,:-..-·._I •

tO t~e Court of a Magistrate. having jurisdiction, together

###### ·with a·"--statement of the circumstances, and sudl
 . Magistrate shall · thereupon inquire. into and try the charge

 so brought aga!nst the inmate, and, upon conviction, may

.. ,

###### sentence him . to imprisonment ,of either description for_ a

 temi ·not exceeding one yee1r o~ to any of the punishments

 enumerated in section 71.

 '·

 · (~~ In respect of any offence "&mmitted by any .inmate

Central

###### which ·i~ punfshable under this Act as well as under the

I ~·', Act 45

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

~i                                                     - " .

###### be in the· drscretion of the Superintend$nt to determine

 whether h~f 'will use his own powers of punis~me~t or Central

 forward the inmate to the Court of a .. Magis~~e having .. Act 2 of

1974

###### ., jurisdiction to be dealt with in accordance with the Code of

 Criminal P~ure._ 1973 :

 Provided that, in the case of any of the following

 offences, the Superintendent shall forward the Inmate to

_f._

###### the Court of a Magis~rate having jurisdiction, namety ; ~-

 (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 de.adly yj~apon) or section 152 (Assaulting ··or

 obstructing or using criminal foree 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 GAZEITE, EXTRAORDINARY, MAY 30, 2013

{c) Any offence punishable under section 222

###### (Pubtic servant intentionally omitting to

 apprehend any person lawfully committed to

 custody or intentjonally suffering such person to

escape or intentionally aiding such person in Central

escaping or attempting to escape) or section Act 45
of 1860

###### 223 (Escape negligently suffered by public

servant) or section 224 (Resistance or

obstructio.n to lawful apprehension. or escape or,

attempt to escape from lawfut custody) of the

###### Indian Penal Code, 1860; .,

 (d) Any offence punishable under section 304A

 (Causing death by a rash or neglige~t act) or

section 309 (Attempt to ·commit suicide) or Central
###### Act 45
section 324 (Voluntarily 1~using . hurt by of 1aoo

###### dangerous we~pons or means) or seCtion 325

{Voluntarily causing grievous hurt) of the Indian

###### Penal Code, 1860.

 ·,

(3) No_inmate shall be pqnished twice for the same

offence:

\

Provided that the removal of an inmate from a

###### prison office in cc;msequence of a judicial r.onviction for an

 offence .ehall not be. d~pled as a puni.~nt for the

purJ,oses..~f this sub-sec1ton .

. · ~ -.1·~~1'                                                                          - 1•

###### ..
 . C~TER-XIV -·

                                                                          - ·. i' .

###### OFFENCES IN RELATION TO PRISONS
. .
###### -

'·

"

###### t>enalty for 75. Whoev.@r~ .~mrary to any rule made under tnis Act,
introduction ' -r..··,.... ~ '          -

###### introduces or removes, or attempts by·. any means·
 or removal of . Wh_fltsoever .fo introd~Ce ·i.ir · retTfeve, ihtO Or frorn any prohibited
 f?llson, or supplies., ... ?.r attempts td' suppl~ to any Inmate
 articles into or from outside the limits of a prise~, any prohibited article;
prison and

###### aiid ·fivery officer of a·· prison Who, eontrary to . any
 communica tion with such rule, knmyingly suffers any such article t:> be inmates

introduced into or removed · hom Ute .prison; to be

-·'·i

p'oss.~ssed by any inmat~, or to Oe.supP,l*i to any inmate


-----

             - THE ASSAM GAZETTE, EXTRAORDINARY~ .MA Y 30, 2013 1407

.~ ..
###### . \ . -

,,,~

and whoever, . contrary •. to any such rule,

###### communicates or attempts to communicate with any

 ·· inmate;

 and whoever, abets any offence made· punishabl~ .,

by this sub-section, ----

shall, on conviction before a Magistrate, be liable to

###### imprisonment of ' ,..), · either description for a term ' not exceEt(iing if_

six months or to fine ·not ex~eding -,one thou$8ncfrupees

                                                                                 - I

###### ·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 persorts detained

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

State Govemm~mt or· any officer authorized by the State

Government in this behalf, take any               - photograph or

videograph·of the.interior of a prison.

' .

###### (2) Whoever, contrary to the provisions of sub-

 section (1), tat<es in an unauthorize~ or surreptitious

manner any photograph or videograph of the               - nt~nor of a

prison, including any aerial photograph or videograph •

taken from a high-rise facility,

.-,

a~d whoever contrary to the aforesaid provisions,

publishes or telecasts or otherwise displays such

###### photograph or vid~ograph of the_ interior of ~ prison taken

in an unauthorized ot surreptitious manner,

and whoever aids or abets any offence made

###### punishable by this section,

 shall, on epnviction 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 iri 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

and76

###### such officer knows, or ha·s reason to believe, to be false,

 such officer may arrest him, and shall without unnecessary

 delay make him over to a police offi~r. and thereupon

 such police offiCE!r shall proeeed as if the offence had been
 I
 committed in his presence .
 .
 Publication 78. The Superintendent · shan cause to be affixed jn 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. (1} The State Government ()r, subject to its general or
###### from one
 .sp·ecial directions, the Inspector ~~neral may, by general
 prtso,n t9 ..
 another In or special order, djrect 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 oe transferred·

' ... ., . . ', ' . .
###### from one. prison to any other prison,, ir:itimation about such

                                                                                                 - ;,.,J~'" r I . , ~ - ... ~ -                                                                                                 - ~. ".j . . ,

###### order shall be immediately communicated to the Court by

 whose warrant or order th~ jnrttate is ·committed to prison,

 together with a commitme~'t ·to prod~ce him in that Court

 on the date fixed for his production.

 (2) 'ifie Superintendent of the prison· to which any

 person is transferred under sub .. section (1) shall reeeive
 an.p detain him, so far as may be, according to the

-~xfgency of any writ, warrant or order of the Court by

###### which such person has beep comroi:tted, or until such

"'!-                                                                                                                                                                                                                 -                                                                                                                                                                                                                 - -·"'

###### person is discharged or removed irf due cou~~e 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             - he 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 behaviou~; 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 froni a prison in any

'

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

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

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

in any other State or Union Territory as aforesaid. the

pro'llLSions of this Act and rules made thereunder shall

~ .. ,.; apply to such person ~s if he had been originaJly ·admitted

to s1,.1ch 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 G,pvernment· as defined

 in s·~~dtibn.2 of this Act.

 Transfer to. 8.1. The State Government and subject to its general mental h_pspital of dir~~ion ,and control the Inspector GenEfral, may by order, inmates of . direct, ___ ,; •r.

UhffOUnd            - ~ ,,, . •· ' >-:·,

###### mind ... t~,i ~.. .
 committed·'· (a) a person accused of an offence, who Is found to

to.prison

###### be of unsound mind and conse:que_ntfy incapable

under ·
###### section ~~O of making his defence and i~ ic-ommitted. 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 N•,
 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 Uflder section 335 of the said Code of ..
 Criminar Procedure, 1973, for safe c1.,1stody

Without ·ar:iy specific orders for his removal to

###### asylum,


-----

141 o THE ASSAM GAZETTE, EXTRAORDINARY, MAY 3(}, 20t3

###### to be transferred -from a prison to a mental hospital in -the
 _.State or ill any other State or Uriion Ten::ltory, and upon

I                                                                             -
###### such transfer -.. such pe~on ~. shalf ·be dealt with . ' In accorda.nce with the provisions of sections .337, 338, and

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

###### .

, __('_ .                                                                                       - ,

###### Proyided ·that no ord_er 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
 Govem!llent of such other State or Union ... _, Territory .. ~

 Transfe'r to 82. ( 1) The State Government and subject to its general
 ..
 mental
 direction, a~d control the Inspector General, may by .order,
 h0$pl1;81 C)f
 convitted direRt a ·convicted -person detained in a .prison. who is inmates of
 certified by the Medical Officer to be-·ol' qnsound mind, to·,.
 unsound mind be transferred from such prison to'a·mentai' hospital in the

 ·'State or in eny qther St~te or Union Territory :

. .h --

_· ··· :-·•"_

###### Provided that .no order directing a person to be

 transferred to a "1ental hospital in any other State or Union
 Territory shall b~ made u~der this f;Ub-section except bf

 the State Government· and except with the consent of the
 •
 Government of such other State or U9ion Territory' . .

 (2) A person transferred to a ~entar hospital in

 ·pursuance of an order made under sub·section (1), shall
 be detained · •J . in such hospital until he becomes of sound
 mind and is tran_sferred to a prison in pursuance of an

 order made under sub·section (4) or disct:targed in

 accordanqe with the provisions of sub·section (5).

I

###### . -(3) The period of detention of a person in a mental

 hospital in pursuance of an order: made under sub-section
 (1), shalt be reckoned as a part of the period of

 imprisonment to which he was sentenced,


-----

###### (4) If a p.erson detained in a tlj\ental hospital in

''..                                                                            - _I_ .

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

 become;s of sount;j mind before ~the expiration of the

remaind~:f· of the ter;,, of imprison~ent.1<i>. which he was

###### sentenced, the'.authority making svch order shall, by or:der)

 direct such person to be tra,nsferred from such mental
 hospital to a prison.

 (5) I• If a person · detainell in a mental hospital in
 pursuance of an order made under sub-section (1)
 Central
 . . ~ becomes of sound mind on or after the expiration of the Act.

14
###### remainder of the ~ term of imprisonment 'to which he. was of 1987

s~ntenced, he shall be discharged from such hospiµtl in

###### accordance with· the provisions~·~t· -section 40 of ~.ntal

... ·~

###### Health Act, 1987. ., ...

 Medical . 83. {1) All inmates, prior to their .t_ransfer from a prison, certiflc.ate
 . sharrbe.exarnined by the Medical Offi~r~ ..
 prior to . ' .
transr.r,

###### (2) .. N. . .o inmate . shall be tran~~;i~ ftom ~;.. ·a prison
 unless ~e Medical 'officer certifies that the inmate is fit to

 undertake the journey.

Non- 84. While escorting ari inmate from or to a prison, his
e.xposure to

###### exposure to public view shall' be as litt(e as "possible, and
 public view
 pr9per safeguards shall be ad.opted to prat~ct him from

                                                                                                        - " • ~ ;~l . ' .. .

###### insult't>r injury arid undue curiosity ·1 or publicity. .• .,.

....... : ,'

###### CHAPTER,XVI
 '·. ""' , ATTENDANCE / N COURT

 Attendance 85. The ';Superintendent shalt cause e~ ··person
In court on

###### :;committed tb prison by warra-~t or order or Iii, c~urt pending
 expiry of
remand the investigation, inquiry or trial of an offence of which he
###### period

                                  - s accused, to, be taken _to_ such _Court,_ together with such

###### warrant or order, on the expiration of each period of

 detention authorized by st,1c~ warrant or or~~r.

_·pJw'_
## -

t' ' ...


-----

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 evi.dence or answering a charge, and
evidence or

###### a warrant or order requiring his production is issued by

answer a

Central

charge s\Jch Court under s.ection 3 of the Prisoners (Attendance in Act 32

of 1955

Courts) Act, 1955 or under s.ection. 267 of the Code of

Criminal Procedure, 1973, the Superintend.ant of .-the Central
Act 2 Of
prison shall act on such warrant or order in accordance
197 4
with, and subject to, the provisions of the said Ac:t or

Chapter XXll of the said Co~e, as the case may be :

###### 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 fat detaining such person in prison in com:iection

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 i
 1
 exists a separate warrant issued by such Court specifically

directing such person to· be detained in custody in

###### connection with such case.

                                                                   - j

CHAPTER~ XVII

SOCIAL RELATION AND REHABILITATION

### fj

~ I

Relation 87. ( 1) An inmate shall be encouraged and ·assisted t.o
YJit:h and ' ., ~ 'I

###### maintain a.nd improve such relations. with_ his. family as. are

assistance
to family desirable in the best mterests of his family_.and himse~f.

and to establish and maintain such relations with persqns

, and agencies outside the prison as may promote the best

###### interests of His family . . ,_

 (2) Due provisions shall.be made for giving, so·f~r as

is necessary and possible;·'tnlilerial. assistance for the

###### subsistence of indigent dependents of an inmate under a

 sentence o.f imprisonment for life during his 'detention in

prison.

_,,.,_.,.J_


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1413

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

###### preparation on ·conviction for an offence shall be prepared by

counselling and g1,.1idance for a smooth return and

re~adjustment to hi.s family and to the society, and shall be

encouraged and assisted to establish and mainta!n such

###### relations with persons and agencies Qutside the prison as
. .

may promote the · prospects of his socio-economic

rehabi.litation .

###### ..

Aftercare 89. Due provisions shall be, made. for providing an inmate
###### and .
 under a sentence of imRrisonment imposed on conviction

rehabilitcl·
###### tion for an offence, with -

 (a) a certificate about his co~duct 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. ~lease from prison on the

expiration of his sentence or on parole.

'
Removal of 90. (1) ~ave as pr~vi~ed in su~~section (2), no person
disqualifica-

released from prison on the expiration of a sentence of

###### tion for
employm- imprisonment or on parole shall be disqualified or
###### ent

discriminated against on grounds of his having been

###### detained in P.rison, in the matt~r of employment under the

State Government or any undertaking owned or controlled,

wholly or partly, by the State Government or any privat~

employer.

###### (2) The S~te Government may, by notification in the

Official Gazette, dir~ that persons having been detained in

###### prison on convictiqn 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


-----

1414 THE ASSAM GAZETTE, EXTRA.ORDINARY, MAY 30; 2013

Provided that the State Government may, on merit

of individual cas~s, by order, exempt such a person from

the operation of such notification.

CHAPTER-XVIII

MISCELLANEOUS

###### Power to 91. (1) The State Govemmerit may, by notifjcation 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 m~y provide for~ -

(i) the classification of prisons, and regulation of

the class or classes of inmates to be detained in
###### '
each .class of prisons;

(ii) the description and Construction of the prison

buildings, and specificatiOf'.l of floor space, cubic

content of air and venti1ation in buildings

o~cupied by inmates;

{iii) regulating the establishment and declaration of

temporary prisons;

{iv) the recruitment, training, conditions of service

and functions of t~e officers: '

(v) regulating the selection. appointment and

###### functions of the convict officers;

(vi) the constitution and mode _of functioning of the

State Adviso,.Y Board on Correctional

Administration, the Boards of Visitors and the

Review Board;


-----

(vii) the maintenance of records and registers . in

prisons;

###### (viii) regulating the admission, detention and release

 · of Inmates;

(i~) 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 sc;:ale and manner of supply of food, clothing,

 ( bedding ·and other equipment to inmates;

 (xv) reguJating the transmission of appeals and

 applications from inmates;

 (xvi) the engagement of inmates in work and
 '
 regulating the hours of wo~;

 (xvir) regulating the remuneration to Inmates engaged

in work;

(xviii) the education and recreation of inmates;

(xix) regulating tne interview and communication with

,,

inmates;


-----

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1416 THE ASSAM GAZETTE, EXTRAORPINARY1 [MAY ][30, ][20'13 ] t:.!"'

(xx) regulating the grant of remission;

(xxi) regulating the release of' inmates· on furlough

###### and parole, and grant of day-re.lease 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 per.son released on

###### furlough or parole, or granted day-release;

(xxiii) defining the powers and duties of the Parole

Officers, societies,. ins~itlrtiolis or persons under
###### . ·.

whose supervision or authority persons released

on parole may be played;·

###### (xxiv) de~ning the prC?_~ibit~ articles;'

 (xxv) .defining the acts which shall constitute prison

 offence; classifying the prison offences Into

serious and minor offenc~s; and fixing the
'
###### punishments awardable on commission of such

.'

offences;

###### (xxvl) 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) . r~gulating the use of arms against any inmate or

group I of ,., Inmates in . the case of . an outbreak or

attempt to escape;

(xxviii) regulating the transfer of inmates and their


-----

###### :n 7 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 a1af1tance to the families of

 inmates;

 (xxxi) aftercare and rehabilitation of inmates on

 release from prison.

 Repeal end 92. (1) The Prisons Act, 1894 and the Prisoners Act, 1900 Central
 ••vlnge Act 9 of
 along with the amendments made therein in their 1894;

Central

###### appUcation to the State of Assam, and the Good Conduct

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, actton taken . '
 or anything done prior to such repeal under any of the Acta
 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 appo!ntment made. ordtlr or

 direction lsaued, action taken or anything done under this

 Act.
 (3) All referel')ces in any enactment to a~y of the

 provl•lone of the Acta so repealed shell be construed as
 references to. the aorreepondlng provisions of this Act..

 MOHD. ABDUL HAQUE,
 Commissioner and Secretary to the Oovt. of Assam,
 Legislative Department, Dispur.


-----

