HB-2163-BILL No. XXXIV-(18-12-2024)L. A. BILL No. XXXIV OF 2024. A BILL to consolidate laws relating to regulation of prisons and correctional services and prisoners in the State of Maharashtra and for matters connected therewith or incidental thereto. Ext. Ord. No. 41 Ank No. 15(3).

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 1 RNI No. MAHBIL/2009/40123 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ ´É¹ÉÇ 10, +ÆEò 15(3)] ¤ÉÖvÉ´ÉÉ®úú, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉø 27, ¶ÉEäò 1946 [{ÉÞ¹`äö 31, ËEò¨ÉiÉ : ¯û{ɪÉä 36.00 +ºÉÉvÉÉ®hú É Gò¨ÉÉEÆ ò 41 |ÉÉÊvÉEòÞiÉ |ÉEòɶÉxÉ ¨É½Éþ®Éú¹]õ Å Ê´ÉvÉÉxɺɦÉiä É ´É ¨É½Éþ®Éú¹]õ Å Ê´ÉvÉÉxÉ{ÉÊ®¹úÉnùäiÉ ºÉÉnù® ú Eòä±É±ä ÉÒ Ê´Évɪä ÉEòä (<OÆ ÉVÉÒ +xÉ´ÖÉÉnù) MAHARASHTRA LEGISLATURE SECRETARIAT The Following Bill was introduced in the Maharashtra Legislative Assembly on the 18th December, 2024 is published under Rule 117 of the Maharashtra Legislative Assembly Rules. L. A. BILL No. XXXIV OF 2024. A BILL to consolidate laws relating to regulation of prisons and correctional services and prisoners in the State of Maharashtra and for matters connected therewith or incidental thereto. WHEREAS it is expedient to consolidate laws relating to regulation of prisons and correctional services and prisoners in the State of Maharashtra and for matters connected therewith or incidental thereto; it is hereby enacted in the Seventy-fifth Year of the Republic of India, as follows :— CHAPTER I PRELIMINARY. 1. (1) This Act may be called the Maharashtra Prisons and Correctional Short title Services Act, 2024. and commencement. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ¦ÉÉMÉ {ÉÉSÉ-+ö--41-1. (1) BSɤÉÒ--2163-1.2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 Definitions. 2. (1) In this Act, unless the context otherwise requires,— (a) “ after-care services” means a service or activity aimed at the rehabilitation of the released prisoner for enabling him to lead a productive life as a dutiful citizen; (b) “civil prisoner” means any prisoner who is not a criminal prisoner ; (c) “convicted prisoner” means a person who has been found guilty of an offence and is serving a sentence in prison; (d) “ condemned prisoner” means a prisoner sentenced to death by a competent court and whose petition for mercy is rejected; (e) “correctional service” means any service or program aimed at the reformation and rehabilitation of a prisoner, and includes services related to supervision, training, control and custody of a prisoner; (f) “ court” includes any officer lawfully exercising civil, criminal or revenue jurisdiction; (g) “criminal prisoner” means any prisoner who is under the sentence of a court or court-martial, and includes a person detained in prison, under the provisions of Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 46 of 2023 ; 2023. (h) “detenue” means any person detained in prison on the orders of a competent authority under any law providing for preventive detention; (i) (1) “Director General” means the Director General of Prisons and Correctional Services; (2) “Special Inspector General” means the Special Inspector General of Prisons and Correctional Services; (3) “ Deputy Inspector General” means the Deputy Inspector General of Prisons and Correctional Services; (4) “ Superintendent” means the Superintendent of Prison and Correctional Services; (5) “ Additional Superintendent” means the Additional Superintendent of Central Prison and Correctional Services ; (6) “Deputy Superintendent” means the Deputy Superintendent of Central Prison and Correctional Services; (7) “Jailor” means the Jailor of Prison and Correctional Services; (8) “ Deputy Jailor” means the Deputy Jailor of Prison and Correctional Services; (9) “Assistant Jailor” means the Assistant Jailor of Prison and Correctional Services; (j) “foreign prisoner” means any prisoner who is not a citizen of India; (k) “furlough” means a short leave granted to a convicted prisoner, after undergoing a prescribed period of sentence, as an incentive for maintaining good conduct in prison; (l) “habitual offender” means the habitual offender defined under clause (e) of section 2 of the Maharashtra Habitual Offenders Act; LXI of 1959.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 3 (m) “high-risk prisoner” means a prisoner, with high propensity towards violence, escape, self-harm or disorderly behavior, likely to create unrest in the prison and a threat to public order and includes those engaged in organized crime, drugs, human trafficking and terrorist activities, dangerous prisoners, hardened criminals, habitual offenders, negatively influencing other prisoners, etc. ; (n) “high-security prison” means an independent self-sufficient prison complex with dynamic and strengthened security systems with provision for an independent court complex, etc., to house high-risk prisoner; (o) “history-ticket” means the record, either in physical or electronic format, containing all relevant information in respect of a prisoner; (p) “Medical Officer”, in relation to prisons, means a qualified Government Medical Officer deputed as a Medical Officer of a prison; (q) “medical subordinate staff” means a qualified medical assistant, such as pharmacist, nurse, lab technician, etc., appointed in a prison; (r) “officer-in-charge of a prison” means an officer appointed by the competent authority as in-charge of a prison; (s) “parole” means temporary release of a convicted prisoner from prison staying his sentence for a short period of time for attending exigencies as may be prescribed; (t) “prescribed” means prescribed by rules under this Act; (u) “prison” means any place or building used permanently or temporarily under the general or special orders of the State Government for detention of prisoners and for providing correctional services to them and includes all lands and buildings appurtenant thereto, but does not include,– (i) any place for the confinement of prisoners who are exclusively in the custody of the police; (ii) any place specially designated by the State Government under 46 of section 457 of the Bharatiya Nagarik Suraksha Sanhita, 2023; or 2023. (iii) any place which has been declared by the State Government as a subsidiary jail by a general or special order; (v) “prisoner” means a person committed to custody in a prison, under the writ, warrant or order of any court or a competent authority and includes criminal prisoner, civil prisoner, undertrial prisoner, prisoner remanded by a court or by order of a court-martial to prison custody and a detenue; (w) “prohibited article” means an article, the introduction or removal of which into or out of a prison is prohibited by any rule made under this Act; (x) “punishment-book” means a register that contains the record, in respect of every punishment levied, the prisoner’s name, prisoner identification number and the class (whether habitual or not) to which he belongs, the prison-offence of which he is guilty, the date on which the prison- offence was committed, the number of previous prison-offences committed by the prisoner and the date of commission of such previous prison-offences, and the date, period and type of punishment levied;4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (y) “recidivist” means any prisoner who is convicted for an offence more than once; (z) “remission” means a concession, as may be prescribed, granted to an eligible convicted prisoner by the competent authority, the consequence of which may be shortening of sentence of the prisoner; (aa) “rules” means rules made under this Act; (ab) “undertrial prisoner” means a person who is not a convict and has been committed to judicial custody pending investigation by the police or trial by a court of competent jurisdiction; (ac) “wireless communication device” means a mobile phone, computer, tablet, laptop, palmtop or any other electronic device used for communication using any cellular or satellite network or any other device notified by the competent authority; (ad) “young offender” means a prisoner who has attained the age of eighteen years and has not completed the age of twenty-one years. (2) Words and expressions used herein and not defined in this Act but defined in the Bhartiya Nyaya Sanhita, 2023 and the Bhartiya Nagrik 45 of 2023. Suraksha Sanhita, 2023 shall have the meanings, respectively, assigned to 46 of 2023. them in the said Sanhitas. CHAPTER II PRISON AND CATEGORIES THEREOF. Prison. 3. (1) The State Government shall provide sufficient number of prisons for accommodating prisoners. (2) In the prison, the prisoners shall be kept in safe custody. (3) In the prison, suitable measures for the safety and security of prisoners shall be undertaken. (4) In the prison, the discipline and daily routine shall be maintained in accordance with the provisions of this Act and the rules made thereunder. (5) In the prison, the prisoners shall be provided with food, clothing, accommodation, other necessities and medical treatment and other facilities as may be prescribed. (6) The correctional services and after-care services may be provided to the prisoners with the objective of rehabilitating them in the society as law abiding citizens. Categories of 4. (1) The State Government shall strive to establish the following prison. categories of prisons, namely:– (a) Central Prison : A prison with a capacity of 800 and more prisoners; (b) District Prison Class-I : A prison with a capacity ranging from 300 to 799 prisoners; (c) District Prison Class-II : A prison with a capacity ranging from 151 to 299 prisoners;¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 5 (d) District Prison Class-III : A prison with a capacity ranging from 51 to 150 prisoners; (e) Special Prison : A District Prison designated as a Special Prison by order of the State Government, where the prisoners are transferred on disciplinary grounds and they become ineligible for certain privileges like remission and furlough; (f) Open Prison : A prison for confinement of eligible prisoners on such conditions, as may be prescribed, for giving them more liberty outside the regular prison for facilitating their rehabilitation after release; (g) Prison for Women : A prison designated exclusively for the confinement of women prisoners; (h) Temporary Prison : Any place or building declared as a prison by the Government or by any authority as may be authorized by the Government, for detention of prisoners for a specified period of time, in case of an emergency or epidemic or overcrowding in prison; (i) Open Colony : A place for confinement of eligible prisoners where they have the option of living with their families on such conditions as may be prescribed, for giving them more liberty; (j) Borstal Institution : A place for confinement of young offenders. (2) The Government may determine the number of prisons of any category mentioned in sub-section (1) and the place at which it may be established. (3) Each Central Prison and District Prison shall have provision for separate wards or cells for lodging high-risk prisoners, habitual offenders and recidivists, to ensure segregation and protection of other prisoners. (4) Appropriate and advanced security infrastructure and procedures shall be made for high-risk prisoner ward in all Central or District Prisons. Such prisons may also have appropriate provisions for an independent court complex for holding court hearings or trials. CHAPTER III ORGANISATIONAL STRUCTURE OF PRISONS AND CORRECTIONAL SERVICES 5. (1) There shall be a Prisons and Correctional Services Force Constitution of Prisons and (hereinafter in this Act referred to as “the Prisons Force”) for the State of Correctional Maharashtra consisting of the following:–– Services Force. (a) Director General of Prisons and Correctional Services; (b) Special Inspector General of Prisons and Correctional Services; (c) Deputy Inspector General of Prisons and Correctional Services; (d) Superintendent of Central Prisons and Correctional Services; (e) Additional Superintendent of Central Prisons and Correctional Services or Superintendent of District Prisons and Correctional Services Class I;6 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (f) Deputy Superintendent of Central Prison and Correctional Services or Superintendent of District Prison and Correctional Services Class II ; (g) Jailor or Superintendent of District Prison Class III; (h) Deputy Jailor, Assistant Jailor; (i) Subhedar, Head Constable, Constable; (j) any other officer as may be prescribed. (2) The Prison Force shall exercise such powers, perform such functions and discharge such duties as may be specified in this Act and the rules. (3) Every member of the Prison Force shall have power to use allotted weapons as may be required for the discharge of his duties. (4) The recruitment, pay, allowances and all other conditions of service of the Prison Force shall be such as may be prescribed. 6. (1) The superintendence of the prisons and correctional services shall Superintendence of prisons and be vested in the Home Department of the State Government. correctional services. (2) The Director General shall exercise, subject to the orders of the State Government, the general control and superintendence of the prisons and correctional services. (3) The State Government may appoint one or more Special Inspector General and Deputy Inspector General. (4) The State Government may direct that any of the powers, functions, duties and responsibilities of the Director General under this Act or under any law for the time being in force, may be exercised, performed or discharged, as the case may be, by the Special Inspector General in respect of all prisons situated in the State. (5) The Director General may direct that any of his powers, functions, duties and responsibilities and the authority under this Act or under any law for the time being in force, may be exercised, performed or discharged, as the case may be, by the Deputy Inspector General in respect of all prisons situated within their jurisdiction. (6) For every Central Prison in the State, there shall be a Superintendent, Additional Superintendent and Deputy Superintendent. (7) The Superintendent shall be the officer-in-charge of the prison and all other officers and staff shall be subordinate to him and shall obey his orders, instructions and directions. (8) The Additional Superintendent and Deputy Superintendent shall carry out and discharge all or any of the powers, duties and functions of Superintendent provided under this Act, if delegated to them, subject to the general or special orders of the Deputy Inspector General. (9) (a) For Central Prison, there shall be an officer-in-charge of the rank of Superintendent. (b) For District Prison Class I, there shall be an officer-in-charge of the rank of Additional Superintendent. (c) For District Prison Class II, there shall be an officer-in-charge of the rank of Deputy Superintendent. (d) For District Prison Class III, there shall be an officer-in-charge of the rank of Jailor.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 7 (10) Every prison shall also have ministerial, technical and teaching staff. 7. The State Government may appoint such other personnel on regular Other basis or deputation or contract, as it may deem necessary, for the proper personnel. administration of prisons. 8. Prisoners who have been appointed as convict overseer shall be Convict deemed to be public servants within the meaning of clause (28) of section 2 of overseer. 45 of the Bharatiya Nyaya Sanhita, 2023. 2023. CHAPTER IV FUNCTIONS, DUTIES AND POWERS OF OFFICERS AND STAFF OF PRISONS. 9. (1) Subject to the provisions of this Act and the rules, orders and Functions and directions of the Director General, the officer-in-charge of a prison shall duties of officer-in-charge manage the prison in all matters including admission of prisoners, security of prison. of the prison, correctional programs, allowing visitors inside the prison, expenditure, discipline, punishment and control and release of prisoners, with the aid and assistance of other subordinate officers and staff. (2) The officer-in-charge of a prison shall be responsible for all aspects of management of the prison, all matters related to discipline, labour, expenditure, proper upkeep of the prison and all equipment and machinery, punishment and control, and function in accordance with the orders of higher authorities. (3) The officer-in-charge of a prison shall be responsible for the safe custody of all documents or records, including records in electronic format, in his care, and for the money and other articles taken from prisoners, and perform such other duties and discharge such other functions as may be prescribed. (4) The officer-in-charge of a prison shall exercise such disciplinary powers as assigned to him under the Act or as may be prescribed for regulation of prisoners, maintaining prison discipline and proper management of the prison, including high security wards. (5) The officer-in-charge of a prison may utilize the services of prisoners in accordance with the rules, for the day-to-day maintenance of premises and house-keeping of the prisons. (6) The officer-in-charge of a prison shall maintain or cause to be maintained the following records:— (a) a register of prisoners admitted; (b) a book mentioning when each prisoner is to be released ; (c) a punishment-book for the entry of the punishments inflicted on prisoners for prison offences; (d) a visitors’ book for the entry of any observations made by the visitors related to any matters connected with the administration of the prison; (e) a record of the money and other articles taken from prisoners at the time of admission into the prison; (f) any other records as may be prescribed.8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 Medical Officer 10. (1) There shall be a Medical Officer for every prison. of prison and his duties. (2) The Medical Officer shall take necessary measures for treatment of prisoners and shall be responsible for sanitary administration of the prison and shall perform such other duties as may be prescribed, subject to the control of the Superintendent. (3) If the post of the Medical Officer is vacant, then the Resident Medical Officer or any other Medical Officer designated by the doctor-in-charge of the Government Hospital shall act as the Medical Officer of the prison, who shall visit the Prison at least once a fortnight. Such Medical Officer shall take necessary measures for the treatment of prisoners, as and when he is informed by any officer or staff of the prison, of any ailment of a prisoner. Medical Officer 11. (1) Whenever the Medical Officer has reason to believe that the to report in mind of a prisoner is, or is likely to be, adversely affected by the discipline or certain cases. treatment to which he is subjected, the Medical Officer shall report the case in writing to the Superintendent, together with such observations as he may deem proper. (2) The report with the orders of the Superintendent thereon, shall forthwith be sent to the Deputy Inspector General, for information. Report on 12. (1) On the death of any prisoner, the Medical Officer shall forthwith death of a record all relevant details and particulars of the case as specified below, and prisoner. send the report to the officer-in-charge of the prison:–– (a) the day on which the deceased first complained of illness or was observed to be ill; (b) the labour, if any, in which he was engaged on that day; (c) the scale of his diet on that day; (d) the day on which he was admitted to the hospital; (e) the day on which the Medical Officer was first informed of the illness; (f) the nature of the disease; (g) when the deceased was last examined before his death by the Medical Officer; (h) the date and time of death of the prisoner; and (i) in cases where a post-mortem examination is done, an account of the appearance after death, together with any other details, noticed by the Medical Officer. (2) The officer-in-charge of a prison shall immediately inform about the death of the prisoner to the concerned Deputy Inspector General and the Director General. He shall also inform the National Human Rights Commission and other authorities as may be specified in general or special orders of the Government. Duties of Jailor, 13. The Jailor, Deputy Jailor and Assistant Jailor shall, subject to the Deputy Jailor and control and supervision of the Superintendent,–– Assistant Jailor. (a) be in-charge and shall be custodian of prisoners and properties of prisoners;¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 9 (b) give, on the death of a prisoner in prison, immediate report of such death to the Superintendent and the Medical Officer, narrating in brief the circumstances under which the prisoner died; (c) be responsible for the safe custody of the money and other articles deposited by the prisoners at the time of admission; (d) perform such other duties and discharge such other functions, as may be prescribed. 14. The prison staff or officer, designated by the Superintendent as Duties of Gate-Officer, shall examine everything carried in or out of the prison, and Gate-Officer. may stop and search or cause to be searched any person, suspected of bringing any prohibited articles in or out of the prison, or of taking away any property belonging to the prison, and if any such article or property is found, shall give immediate intimation thereof to the officer-in-charge of the prison. 15. (1) The Director General, the Special Inspector General or the Disciplinary Deputy Inspector General may take such disciplinary action against any officer action against any subordinate or staff of prisons, who are subordinate in rank to them, for any misconduct, officer or staff. as may be prescribed. (2) The punishments provided under the rules made under this Act shall be in addition to those prescribed in the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. 16. (1) Any officer or staff of the Prison Force may, without an order Power of arrest from a Magistrate and without a warrant, arrest,–– without warrant. (a) any person, who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain, or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to him or any officer or staff of prison in the execution of his duty as such officer or staff, or with intent to prevent or to deter him from discharging his duty as such officer or staff, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such officer or staff; or (b) any person, who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing, a cognizable offence which relates to prison, property of prison or prisoners or officers and staff of the prison or any other person; or (c) any person, against whom a reasonable suspicion exists that he is taking precautions to conceal his presence within the prison property limits, with intention to commit theft or damage to the property of prison or prisoners or officers or staff of prison or others; or (d) any person, who commits or attempts to commit, a cognizable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work related to prisoners or officers and staff of prison or any other person or prison property; or (e) any person, in the presence of any officer of a prison, commits any offence specified in section 71 and on demand of such officer refuses to state his name and residence, or gives a name or residence which such officer knows, or has reason to believe, to be false. ¦ÉÉMÉ {ÉÉSÉ-+ö--41-2. BSɤÉÒ--2163-2.10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 Procedure to be 17. Any officer or staff of the Prison Force making an arrest under followed after the provisions of this Act, shall, without unnecessary delay, hand over the arrest. person so arrested, to a police officer, alongwith a detailed report of the circumstances leading to such arrest of such person, or in the absence of a police officer, cause such person to be taken to the nearest police station. Power to search 18. (1) Whenever any officer or staff of the Prison Force has reason to without warrant. believe that any such offence as referred to in section 16, has been or is being committed by any person, such officer or staff may, detain such person and search his person and belongings forthwith and, if he deems it necessary, arrest such person whom he has reason to believe, to have committed the offence. (2) The provisions of section 44 of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to searches under that Sanhita shall, apply to searches 46 of 2023. under this Act. Officers and 19. All officers and staff of prison are deemed to be always on duty and staff are always shall be available for deployment in any part of the prison or at any other deemed to be on duty. place, within the State of Maharashtra. CHAPTER V GENERAL CONDUCT OF OFFICERS AND STAFF OF PRISONS. Services rules. 20. All officers and staff of prisons shall be governed by the Maharashtra Civil Services (Conduct) Rules, 1979, the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 and any other rules as may be prescribed. 21. The officers and staff of prisons and their relatives shall not have Prohibition of business any business dealings with prisoners and interest in prison contracts, directly dealings. or indirectly. Prohibition of 22. The officers and staff of prisons and their relatives shall not accept acceptance of any gift from a prisoner or prisoner’s relatives or friends or a person having gift. any dealings with the prisons. Prohibition to 23. The officers and staff of prisons shall not join any union or form union. organization or undertake any activity, which is detrimental to security, discipline and smooth functioning of the prisons. 24. The officers and staff of prisons shall reside in the prison quarters, Reside in prison quarters. if available, unless the Superintendent permits in writing to reside elsewhere. 25. No prison employee shall be absent from the prison quarters during No unauthorised absence. night, without obtaining permission from the Superintendent and if the prison employee remains absent from the prison quarters without obtaining permission, for some unavoidable necessity, he shall immediately report the reasons to the Superintendent. Obedience of 26. All officers and staff of a prison shall obey the lawful orders and lawful orders. directions of their superior authorities.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 11 CHAPTER VI WELFARE FUND. 27. (1) The Government shall constitute a welfare fund for the welfare Welfare fund. of all officers and staff of prisons and correctional services in the State and the same may be utilized for such purposes as may be prescribed. (2) The following moneys shall be deposited in the welfare fund, namely:–– (a) any grant made by the State Government; (b) monthly subscription of all officers and staff of the prison; (c) any bequest, donation, endowments or other grants received from any person or organization; (d) interest accruing from investment of the balance of the fund; (e) any other amount as may be prescribed. CHAPTER VII INSPECTION OF PRISONS. 28. The Director General shall ensure that all prisons are inspected Inspection of by an officer of appropriate rank at periodic intervals as may be prescribed. prisons. 29. (1) Every prison shall have a Board of Visitors consisting of the Board of visitors. Collector and District Magistrate as the Chairperson and such number of other members as may be prescribed. (2) The Board shall conduct inspection of prisons once in every three months to ensure the compliance of the provisions of this Act and rules made thereunder. (3) After every inspection, a report alongwith the directions and suggestions of the Board shall be forwarded to the concerned Deputy Inspector General and the Director General. CHAPTER VIII PRISON ARCHITECTURE AND ACCOMMODATION. 30. (1) The architecture and design of a prison, ground space, air space, Prison ventilation of cells, barracks, toilets, bathing places, kitchen, work-sheds, architecture. hospitals, etc. shall conform to such standards and requirements, as may be prescribed. (2) The security standards for each prison shall be such as may be prescribed. (3) The prisons may be designed to facilitate segregation and separate lodging for various categories of prisoners and to provide for special needs of prisoners, such as women, transgenders, persons with disabilities, persons suffering from contagious disease, mental illness or substance abuse, old or infirm prisoners, undertrial prisoners, convicted prisoners, high-security prisoners, habitual offenders, recidivist prisoners, young offenders, civil prisoners, prisoners who are members of gangs, detenues, etc., as may be prescribed. (4) The design of prisons may include accommodation and other facilities for the officers and staff of prisons as per functional requirement.12 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (5) The Government shall make rules for regulating construction and for creating a buffer zone within such distance as may be prescribed therein from the perimeter walls of different categories of prisons. Open Prisons 31. (1) The Government may allow such facilities or concessions as and Open may be prescribed in Open Prisons and Open Colony which may be helpful to Colony. the prisoners in their rehabilitation into the society. (2) The rules for management of Open Prison and Open Colony, the procedure and eligibility for transfering the prisoner to such prisons and conditions of transfer of such prisoners to Open Prison or Open Colony, shall be such as may be prescribed. CHAPTER IX CLASSIFICATION OF PRISONERS. Classification 32. (1) Every prison shall have a Classification and Security Assessment and Security Committee consisting of the Superintendent as the Chairperson and Jailor Assessment (Administration), Jailor (Internal Security) and Medical Officer as members, Committee. for classification and security assessment of the prisoners. (2) The Committee shall first ascertain the type of the prisoner amongst the following :–– (a) civil prisoners; (b) convicted prisoners; (c) undertrial prisoners; (d) detenues; (e) recidivists or habitual offenders; (f) prisoners sentenced to death; (g) condemned prisoners; (h) any other type of prisoners as may be prescribed. (3) The Committee shall classify the prisoners admitted into a prison in the following categories according to their age, gender, sentence, safety and security requirements, physical and mental health needs, correctional needs, etc., namely:–– (a) gender-wise: men, women and transgender; (b) women prisoners with child; (c) young offenders; (d) old and infirm prisoners; (e) prisoners suffering from mental illnesses; (f) first-time offenders; (g) drug addicts and alcoholic offenders; (h) foreign prisoners; (i) prisoners suffering from contagious or chronic diseases; (j) high-risk prisoners; (k) any other categories as may be prescribed.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 13 (4) A prisoner after ascertaining his type and category under sub-sections (2) and (3) may be lodged separately in such manner as may be prescribed to prevent any kind of interaction with each other. (5) The officer-in-charge shall take special care and caution for ensuring safe and secure custody of high-risk prisoner as may be specified by the Government in this regard. CHAPTER X ADMISSION, TRANSFER AND DISCHARGE OF PRISONERS. 33. (1) The officer in-charge of a prison shall receive and detain a person Admission of duly committed to his custody, under this Act, by any court or any competent prisoners. authority, according to the exigency of any writ, warrant or order by which such person has been committed to the prison until such person is discharged or removed in due course of law. (2) The officer-in-charge of a prison shall, after the execution of such writ, warrant or order or after discharge of the person committed thereby, return the same to the court by which it was issued, with a duly signed certificate, showing how the same has been executed or why the person committed thereby has been discharged from custody before execution thereof. (3) The officer-in-charge of a prison shall give effect to any sentence or order or warrant for the detention of any person, passed or issued by any court or competent authority under the provisions of any law for the time being in force. (4) In case of any doubt or ambiguity, the officer-in-charge of the prison may refer a warrant or order sent to him for execution for clarification to its issuing authority. Pending such reference, the prisoner shall be detained in such manner as specified in the warrant or order. (5) Every prisoner shall, as soon as possible, after admission, be examined by the Medical Officer, who shall enter or cause to be entered the details in prescribed book or form, to be maintained by him. This record shall contain the details of the prisoner’s health status, including any illness, present or past, of any wounds or marks on his person, the class of labour he is fit for, if sentenced to rigorous imprisonment and any other observations which the Medical Officer deems fit to add. (6) No person shall be admitted into a prison for detention otherwise than under the production of a lawful warrant or under any order of commitment addressed to the officer-in-charge of a prison by a court or any other competent authority. 34. (1) Whenever a prisoner is admitted into prison, he shall be Provisions of thoroughly searched, and all cash, jewellery or other valuables which may search. with proper authority be brought in the prison shall be taken from him by the officer-in-charge of the prison or an officer authorized by him and shall be dealt with in such manner as may be prescribed. (2) If any prohibited articles are found with the prisoner, the same shall be confiscated. (3) In case of women or transgender prisoners, the search and examination shall be carried out in an appropriate manner as may be prescribed.14 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (4) Every prisoner admitted in a prison shall undergo such physical and biometric identification measurements in accordance with the provisions of the Criminal Procedure (Identification) Act, 2022 and any other law for the 11 of time being in force. 2022. (5) Every prisoner who leaves a prison or re-enters a prison shall also undergo thoroughly search and physical and biometric identification upon each such exit from or entry into prison. (6) Any prisoner shall be liable to be thoroughly searched at any time for detection of any prohibited article. Transfer of 35. (1) The prisoner shall be examined by the Medical Officer before prisoner. his transfer to any other prison. (2) Where any person confined in a prison in the State, under a sentence of imprisonment or under sentence of death or in default of payment of a fine or in default of giving security for keeping peace or for maintaining good behaviour, the State Government may, with the mutual consent of the Government of other State, by order, provide for the transfer of the prisoner from that prison to any prison in the other State. (3) The transfer of any undertrial prisoner from one State to another State shall be done with the consent of the remanding court. (4) The Director General or the Special Inspector General shall be the competent authorities to transfer any prisoner, from one prison to another prison within the State. The Deputy Inspector General shall be the competent authority to transfer any prisoner, from one prison to another prison within his jurisdiction. The undertrial prisoners shall be transferred under intimation to the trial court. Admission and 36. (1) The information of admission of a foreign prisoner in a prison, repatriation of shall be sent forthwith to the Director General, who shall forward the same foreign to the Ministry of External Affairs, Government of India, or any other agency prisoners. as may be specified by the Central Government or the State Government. (2) The transfer of certain prisoners, from India to a country or place outside India, and reception in India of certain prisoners from a country or place outside India, shall be done in accordance with the provisions of the Repatriation of Prisoners Act, 2003. 49 of 2003. Discharge of 37. No prisoner shall be discharged from prison, if labouring under prisoners. any acute or dangerous distemper, unless the Medical Officer certifies that such discharge is safe. CHAPTER XI DISCIPLINE OF PRISONERS. Prison offences. 38. The following acts are prison offences when committed by a prisoner :— (a) willful disobedience of any rule or regulation of the prison, as specified under this Act or the rules framed thereunder; (b) any assault or use of force on any person; (c) deliberate and persistent use of insulting or threatening language;¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 15 (d) immoral or indecent or disorderly behaviour; (e) willfully disabling himself from labour; (f) continuously refusing to work, where the prisoner is punished with rigorous imprisonment; (g) willful idleness or negligence at work by any convict prisoner sentenced to rigorous imprisonment; (h) willful mismanagement of work by any convict prisoner sentenced to rigorous imprisonment; (i) willful damage to prison property; (j) tampering with or defacing history tickets, records or documents, maintained in physical or electronic form; (k) receiving, possessing or transferring any prohibited article; (l) willfully making a false accusation against any prison official or staff; (m) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, plot or conspiracy, use of contraband items like mobile, drugs, weapons, currency or any attempt to escape or preparation to escape or attack on any prisoner or any other person or prison official; (n) escape or attempt to escape, conspiring to escape, or to assist in escaping; (o) unauthorized use or possession of wireless communication devices, mobile phones, electronic devices and their ancillary components; (p) trespassing or attempt to trespass, loitering in and around the prison premises, where the entry is not permitted; (q) unauthorized communication with any person outside prison; (r) pretending to be a prison official or employee or impersonation of any kind; (s) smuggling or attempt to smuggle of any prohibited article; (t) intimidating fellow prisoners by making false representation against the prison officials or staff; (u) participating in, or inciting mass hunger strike, agitation or any other act of defiance or indiscipline; (v) sexual-harassment or sodomy; (w) participating in, or organizing anti-social activities like gambling, betting, etc.; (x) aiding or abetting the commission of any of the aforesaid offences; (y) feigning illness; (z) any other act, as may be prescribed. 39. (1) The officer-in-charge of prisons shall be responsible for Disciplinary maintaining discipline in the prison, amongst the prisoners, in accordance authority for prisoners. with the provisions of this Act and the rules.16 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (2) The manner of enforcing discipline in the prison shall be such as may be prescribed. (3) It shall be the duty of every prisoner to obey the orders and instructions of the officers or staff of the prisons and abide by the provisions of this Act and to comply with such other directions, as may be prescribed. 40. The officer-in-charge of prison may, after conducting an inquiry, as Punishment for prison offences. specified under this Act and the rules, impose any of the following punishments with respect to the prison offences specified in section 38, namely :— (a) a formal warning, which is a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and in the prisoner’s history ticket; (b) stoppage of recreational facilities, including canteen facility, up to a period of one month; (c) change of labour; (d) forfeiture of remission period upto three months; (e) permanent removal from responsibilities such as convict overseer, night watchman, etc.; (f) segregation from other prisoners (not solitary confinement); (g) stopping visits of all visitors for a period of not more than one month (excluding the visit of an advocate); (h) transfer to another prison; (i) such other punishments, as may be prescribed. Publication of 41. The Superintendent shall cause to be affixed, in a conspicuous place prohibited act outside the prison, a notice in English and Vernacular language specifying and penalties. the acts prohibited under section 71 and the penalties incurred by their commission. Entries in 42. (1) A punishment-book shall be maintained in every prison. punishment book. (2) In case of every serious prison offence, the names of the prisoners deposing as witnesses, shall be recorded. (3) The officer-in-charge of prison shall record the substance of the evidence of the witnesses, the defence of the prisoner and the findings with the reasons therefor. (4) The Superintendent and the Jailor shall affix their initials against the entries relating to each punishment to certify the correctness of the entries. CHAPTER XII FACILITIES TO PRISONERS. Food, clothing 43. (1) All the prisoners shall be provided food at Government expense and bedding for and the quantity of food to be served shall be prescribed by rules. prisoners. (2) Every convicted prisoner shall be required to wear the uniform as may be prescribed.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 17 (3) All the prisoners shall be provided bedding at Government expense. Undertrials and civil prisoners may use their own bedding, subject to checking by the prison authorities. (4) No part of any food, clothing, bedding or other necessaries belonging to any prisoner shall be given, hired or sold to any other prisoner; and any prisoner violate the provisions of this section shall lose the privilege of purchasing articles, for such time as the officer-in-charge of prison thinks proper. 44. The Government may establish a canteen in the prison premises Canteen facilities. from which the prisoners may purchase articles permitted in accordance with rules. 45. (1) Every convicted prisoner shall be provided with work while in Work and custody. Undertrial prisoners, civil prisoners and prisoners sentenced to wages. simple imprisonment, while in custody, may be provided the opportunity of work, if willing and available, and be paid commensurate wages, as may be prescribed. (2) The record of wages earned and spent by any prisoner, particulars of deferred wages and matters incidental thereto shall be maintained by an officer in charge of the prison. (3) The convicted prisoner may be awarded remission in sentence, as per rules, for the work assigned to them and their conduct during incarceration. 46. (1) All prisoners shall have access to adequate health care facilities, Health care as may be prescribed. facilities for prisoners. (2) Whenever a prisoner needs to be sent outside the prison for medical treatment, the Police Department and the Public Health Department shall immediately respond to the exigencies of the Prison Department. (3) The Government may, by a general or special order, direct the transfer of any prisoner with mental illness from the place of detention to any mental health establishment in the State with prior permission of the 10 of 2017.30 Board under section 103 of the Mental Healthcare Act, 2017. (4) The method, modalities and procedure by which transfer of a prisoner under this section is to be effected shall be such, as may be prescribed. 47. (1) The prisoners may communicate with their relatives and friends Contact with through physical or virtual mode, under proper supervision of prison relatives, friends and legal authorities. All these visitors to prisoners shall be verified or authenticated advisors. through biometric verification or identification. (2) The identity of each visitor shall be verified and the record shall be maintained in the manner as may be prescribed. (3) Foreign prisoners may communicate with their relatives and consular representatives in such manner as may be prescribed. (4) Prisoners may communicate with their legal advisor in such manner as may be prescribed. 48. The Government may provide free legal aid to the prisoners in Legal aid. 39 of 1987. accordance with the provisions of the Legal Services Authorities Act, 1987 45 and rules and regulations made thereunder. ¦ÉÉMÉ {ÉÉSÉ-+ö--41-3. BSɤÉÒ--2163-3.18 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 Furlough and 49. (1) Furlough and parole may be granted to the convicted prisoners parole. as per such eligibility and on such conditions as may be prescribed. (2) Any breach of conditions of furlough or parole by the prisoner shall attract cancellation of furlough or parole. (3) The convicted prisoners if released on furlough or parole shall wear Electronic Tracking Devices for monitoring their movement and activities in such circumstances, as may be prescribed. Power to arrest 50. If any condition on or subject to which a sentence has been any person suspended or remitted or release on furlough or parole is granted is in the committing breach of opinion of the authority exercising such power, not fulfilled, such authority conditions of may cancel its order granting such suspension, remission or release on furlough or parole, etc., furlough or parole, and thereupon the person in whose favour such order without warrant. was made may, if at large, be arrested by any police officer without warrant and be remanded to undergo the unexpired portion of his sentence. Criminal 51. (1) If any prisoner fails without sufficient cause to observe any of liability for the conditions, on or subject to which his sentence was suspended or remitted, breach of conditions of or release on furlough or parole was granted to him, he shall, on conviction, suspension of be punished (such punishment being in addition to any punishment which sentence, etc. such prisoner was undergoing when he committed such offence) with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees, or with both. (2) No court shall take cognizance of an offence under this section except with the previous sanction of the State Government or the authority which granted suspension or remission of the sentence. Remission. 52. (1) Subject to the overall good behaviour and conduct of a convicted prisoner while serving the sentence, remission may be granted by the competent authority to such prisoner. (2) The period and criteria for granting remission shall be such as may be prescibed. Education and 53. (1) The prisoners may be provided opportunity for education in skill the prescribed manner. development for prisoners. (2) Every prison shall have library facilities for prisoners. (3) Vocational training and skill development programs shall be provided to prisoners as part of correctional program. These programmes may be diverse in nature to facilitate rehabilitation of the prisoners, as may be prescribed. Recreational 54. The prison authorities shall organize spiritual, cultural and facilities for recreational programs, etc., for the prisoners. The facilities for playing games, prisoners. sports and yoga shall be provided in prison. Welfare fund 55. The Government shall constitute a welfare fund for the welfare of for prisoners. the prisoners in the State and moneys to be deposited in the fund and its utilization shall be such as may be prescribed. Sales outlets. 56. The Government may establish sales outlets for the sale of products made by prisoners to the prisoners, prison staff and public. Grievance 57. There shall be a grievance redressal mechanism for redressal of Redressal grievances of prisoners as may be prescribed. Mechanism.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 19 58. The State Government may endeavour to provide after-care services After-care and as may be prescribed to all needy prisoners released from a prison with a rehabilitation services. view to ensure their rehabilitation and reintegration into society. CHAPTER XIII PROVISIONS RELATED TO WOMEN PRISONERS. 59. (1) The State Government may establish prisons for women Separate prison prisoners, as it may consider necessary. for women prisoners. (2) In a prison housing both women and men prisoners, the women prisoners shall be kept in a separate building or a separate part of the same building, with a separate entrance, in such a manner that they do not come contact with men prisoners. (3) All basic facilities as provided in the prison for men shall also be provided to women prisoners, alongwith such other facilities that meet their gender specific needs such as pre-natal and post-natal care, crèches or balwadi for children, etc. 60. A separate women ward in the prison hospital may be created for Women wards women prisoners. in hospitals. 61. (1) In women prisons and women enclosures or women wards, only Women women prison officials and staff shall be deployed. officials and staff. (2) Men prison officials and security staff can be deployed for duties outside such prison or enclosure, and can be called inside by the officer-in- charge of prison or the officer on duty, only in case of emergency situation or commission of prison offences. 62. Women prisoners may be provided access to correctional programs Access to various and activities which take into account their gender specific needs. programs. 63. When a women prisoner is found to be pregnant at the time of Pregnant admission or later, the Medical Officer shall report the fact to the officer-in- women prisoners. charge of prison. Necessary arrangements shall be made to provide her medical care and diet as may be prescribed. 64. Women prisoners may keep their children with them inside the Women prisoners with prison until the child attains the age of six years. A child living with his children. mother in prison shall be provided with health-care and such other facilities, as may be prescribed. 65. Any complaint or information of sexual harassment of a woman Inquiry into prisoner shall be acted upon without delay as per the provisions of law. complaints of sexual harassment. CHAPTER XIV TRANSGENDER PRISONERS. 66. Separate enclosures or wards for transgender prisoners, both Separate transmen and transwomen, may be provided as prescribed under the rules. accommodation for transgender prisoners. 67. The transgender prisoners shall be provided access to health-care, Access to correctional programs and other activities. various programs and health-care.20 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 CHAPTER XV CUSTODY AND SECURITY OF PRISONERS. Safe custody 68. The officer-in-charge of the prison shall be responsible to undertake and security of effective measures for ensuring safe custody and security of prisoners. These prisoners. measures include secured walls, gates, good lighting system, central monitoring systems, watch towers, power fencing, prevention of access to prohibited articles, system for gathering intelligence information, closed circuit televisions and other advanced gadgets and devices for surveillance, etc. Responsibility 69. (1) On the request of the officer-in-charge of the prison, the local of police police authorities shall provide necessary assistance to the prison authorities, authorities. for escorting a prisoner to a court or for visit to hospital or for parole, etc., for ensuring the safe custody of prisoners in case of rioting or arson in prison. (2) In case a prisoner is admitted in a hospital outside the prison, sufficient police guard shall be deployed for his safe custody by the local police authorities. Use of force. 70. The manner of use of restraint and force on prisoners in case of rioting, prison-break, or when prisoners resort to violence endangering the life of fellow prisoners or prison officers or staff or visitors, shall be such as may be prescribed. CHAPTER XVI OFFENCES IN RELATION TO PRISONS. Offences in 71. Whoever, contrary to the provisions of the Act or rules made relation to thereunder,— prison. (a) removes or attempts to remove any prisoner from any prison; (b) supplies or attempts to supply any prisoner any prohibited article; (c) communicates or attempts to communicate with any prisoner; or (d) abets to any offence made punishable by this section, shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine upto twenty-five thousand rupees, or with both. Punishment for 72. (1) No prisoner shall possess or use mobile phone and other possessing or electronic communication devices in prisons. using mobile phones and (2) Whoever, being a prisoner or visitor or officer or staff of prison, in other contraband. contravention of any provisions of the Act or rules made thereunder,– (i) is found possessing or using such devices or introduces or removes; (ii) attempts by any means whatsoever, to introduce or remove into or from any prison or supplies or attempts to supply to any prisoner, any prohibited article;¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 21 (iii) knowingly allow any such article to be introduced into or removed from any prison to be possessed by any prisoner or to be supplied to any prisoner; (iv) communicates or attempts to communicate with any prisoner; or (v) abets any offence punishable under this section, shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine upto rupees twenty-five thousand, or with both. (3) Whoever, being a prisoner or visitor or officer or staff of prison, is found in possession of or operating or using an electronic device or wireless communication device or any of its ancillaries or components or if any such person is found to be assisting or abetting or instigating in the supply thereof or if any such person is found to be manipulating, damaging or destroying any equipment in the prison, electronic or otherwise, shall, on conviction, be punished with imprisonment for a term which shall not be less than two years but which may extend to three years or with fine upto rupees twenty- five thousand, or with both. (4) The prisoner shall undergo the sentence awarded under this section on completion of any sentence if already undergoing. (5) The offences under this section shall be cognizable and non-bailable. 73. (1) If any prisoner in the prison premises is guilty of an offence against Procedure on repeated prison discipline, which by reason of his having frequently committed such committal of offence or otherwise, in the opinion of the officer-in-charge, is not adequately prison offence. punishable by the infliction of any punishment which he has the power to inflict under this Act, the officer-in-charge shall forward the case of such prisoner to the Magistrate having jurisdiction, together with a statement of the circumstances, and such Magistrate shall thereupon try the charge so brought against the prisoner, and he shall on conviction, be punished with imprisonment for a term which may extend to three years. (2) The prisoner shall undergo the sentence awarded under this section on completion of any sentence if already undergoing. CHAPTER XVII MISCELLANEOUS. 74. A prisoner, when being taken to or from any prison in which he Extramural custody, control may be lawfully confined, or whenever he is working outside or is otherwise and beyond the limits of any such prison in or under the lawful custody or control employment of prisoners. of a prison officer belonging to such prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he was actually in prison. 75. (1) All officers and staff of the prisons shall be thoroughly searched Search of every person entering upon each entry into a prison and each exit from the prison. in prison. (2) Every person and visitor seeking to enter in the prison shall be thoroughly searched, as prescribed by the rules.22 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (3) Any person refusing to be searched shall be denied admission to the prison or visitor room of the prison and such decision shall be entered in the prison records. Constitution of 76. (1) There shall be an Undertrial Review Committee for every Undertrial district, headed by the District and Sessions Judge, with the District Review Committee for Magistrate, Superintendent of Police, the Secretary of District Legal-Aid every district. Services Authority as a members and the Superintendent of Prisons (the senior most in the district) as Member-Secretary, for conducting periodical review of all undertrials in all the prisons in the district and for taking measures for speedy disposal of cases. (2) The Committee shall meet periodically and review the cases of eligible prisoners in all prisons of the district and make appropriate recommendations to the trial courts. Prohibition of 77. No prisoner, visitor or any person employed in the prison, shall strike and have any right to go on strike or start or continue any agitation inside the agitation. prison for achieving any request or demand. Contingency 78. The officer-in-charge shall take all appropriate measures, as may plan for be prescribed, including the procurement of necessary equipment and prisons. preparation of a contingency plan, for preventing and controlling any emergency situation in the prisons, ensuring availability of Quick Response Team, etc., and any other provision in conformity with the Disaster Management Act, 2005 or orders issued by the State Government. 53 of 2005. Use of 79. (1) The State Government shall ensure integration and embedding technology in of appropriate technology for the effective management and superintendence prison administration. of prisons and for the safety and security of prisons and prisoners, which may include biometrics, Closed Circuit Television (CCTV), scanning and detection devices, Radio Frequency Identification (RFID), video conference facilities, etc. in every prison for prisoners to attend court hearings or trials and to provide for seamless biometric access control system for movement of prisoners. (2) The State Government shall computerize the entire prison administration and integrate the database with the Interoperable Criminal Justice System. The State Government shall also develop suitable interfaces for seamless sharing of information and facilitate the prison and Prisoner Management System. (3) The State Government shall use advanced technological solutions to detect and prohibit use of cell phones and other electronic devices by prisoners in prisons. (4) The State Government may use electronic monitoring and tracking technology for prisoners under temporary release or leave from prison or attending court hearing by making use of prisoner tracking devices. (5) The confidentiality of the electronic or digitalised data of prisons shall be maintained by all officers and staff of the prisons and the Director General shall be responsible for the same. Delegation of 80. The State Government may, by notification in the Official Gazette, powers. direct that any power, other than the power to make rules, exercisable by it under this Act or the rules made thereunder, may be exercised by any officer of the State Government subject to such terms and conditions, if any, as may be specified therein.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 23 81. The accounts of every prison shall be maintained and audited in Accounts and audit. such manner as may be prescribed by the State Government. 82. No suit, prosecution or other legal proceedings shall lie against Protection of the Government, any officer or the authority of the Government or any person action taken in good faith. for anything which is done, or intended to be done in good faith under this Act or the rules or orders made thereunder. 83. The provisions of this Act shall be in addition to and not in Act not in derogation of derogation of the provisions of any other law for the time being in force. any other law. 84. (1) The State Government may, by notification in the Official Power to make rules. Gazette, make rules to carry out the purposes of this Act. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of such notification, have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. 9 of 1894. 85. (1) The Prisons Act, 1894, the Prisoners Act, 1900 and the Transfer Repeal and 3 of 1900. of Prisoners Act, 1950, as applicable to the State of Maharashtra, are hereby saving. 29 of 1950. repealed. (2) Notwithstanding anything contained in this Act, all the rules, regulations, orders, directions or notifications relating to prisons made or issued under these Acts and in force immediately before the commencement of this Act shall, except where and so far, as they are inconsistent with or repugnant to the provisions of this Act, continue to be in force until altered, amended or repealed by rules, orders, directions, or notifications made or issued under this Act. 86. (1) If any difficulty arises in giving effect to the provisions of this Power to Act, the State Government may, as occasion arises, by an order published in remove difficulties. the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty: Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.24 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 STATEMENT OF OBJECTS AND REASONS Prisons are an important and integral part of the criminal justice system. At present, the provisions for regulation of prisons and prisoners are provided in the pre-Constitution laws i.e. the Prisons Act, 1894 (9 of 1894) and the Prisoners Act, 1900 (3 of 1900). The provisions regarding removal of prisoners from one State to another State are contained in the Transfer of Prisoners Act, 1950 (29 of 1950), which is a Central Act. 2. Due to the passage of time and evolution of the ideology of reformation and rehabilitation of prisoners and information technology, these pre- independence archaic laws need to be repealed and replaced by a consolidated, progressive and robust Law which is in tune with contemporary modern day needs and correctional ideology. With the objective of holistically addressing all relevant issues relating to prison administration, the Government of India has forwarded a comprehensive Model Prisons Bill, 2023 to all States for consideration which is prepared after consultation with the Bureau of Police Research and Development, State Prison Authority and Several Correctional Experts. 3. In view of above, the Government considers it expedient to consolidate laws relating to regulation of prisons, correctional services and prisoners in the State of Maharashtra. 4. The salient features of the law are as follows :–– (1) to provide for categories of prisons such as Special Prison, Open Prison for women, Temporary Prison, Open Colony, Borstal Institution ; (2) to provide for Open Prisons and Open Colonies to assist prisoners in their rehabilitation and reintegration into the society after release; (3) to provide for constitution of Prison and Correctional Services Force; (4) to provide for constitution of the welfare fund for all officers and staff of the prison as well as welfare fund for prisoners; (5) to provide for prison segregation of various categories of prisoners and for their special needs such as women, transgender, undertrial prisoners, convicted prisoners, high-risk prisoners, habitual offenders, recidivist prisoners, young offenders, civil prisoners, etc.; (6) to provide for prison offences and offences committed by prisoners and punishment therefor; (7) to provide for granting of furlough and parole as per eligibility and conditions as prescribed; (8) to provide for grievance redressal mechanism for prisoners; (9) to provide for special provisions relating to women prisoners and transgender prisoners including separate women ward in prison hospital; (10) to provide for after-care rehabilitation services to all needy prisoners released from a prison with a view to ensure their rehabilitation and reintegration into society;¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 25 (11) to provide for constitution of Undertrial Review Committee for every district for conducting periodical review of all undertrial prisoners in all the prisons in the district and taking measures for speedy disposal of cases and make appropriate recommendations to the trial courts; (12) to provide for contigency plan preventing and controlling any emergency situation in the prisons, ensuring availability of Quick Response Team, etc., and any other provision in conformity with the Disaster Management Act, 2005 (53 of 2005); (13) to provide for use of technology for the effective management and superintendence of prisons and for the safety and security of prisons and prisoners, which may include biometrics, Closed Circuit Television (CCTV), scanning and detection devices, Radio Frequency Identification (RFID), video conference facilities, etc.; (14) to provide for computerisation of the entire prison administration and integration of the database with the interoperable criminal justice system. 5. The Bill seeks to achieve the above objectives. Nagpur, DEVENDRA FADNAVIS, Dated 17th December 2024. Chief Minister. ¦ÉÉMÉ {ÉÉSÉ-+ö--41-4. BSɤÉÒ--2163-4.26 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 MEMORANDUM REGARDING DELEGATED LEGISLATION The Bill involves the following proposals for delegation of Legislative power, namely:–– Clause 1(2).— Under this clause, power is taken to the State Government to appoint by notification in the Official Gazette, the date on which the Act shall come into force. Clause 2(z).— Under this clause, power is taken to the State Government to make rules, for remission. Clause 4(1).— Under this clause, power is taken to the State Government,— (i) under para (f), to prescribe by rules the conditions for eligibility of prisoners to confine in open prison; (ii) under para (i), to prescribe by rules the conditions for eligibility of prisoners to confine in open colony. Clause 5.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1) (j), to prescribe by rules, the other officers of Prison Force; (ii) under sub-clause (2), to prescribe by rules, powers, functions and duties of Prison Force; (iii) under sub-clause (4), to prescribe by rules, recruitment, pay, allowances and all other conditions of service of Prison Force. Clause 9.— Under this clause, power is taken to the State Government,— (i) under sub-clause (3), to prescribe by rules, other functions and duties of officer-in-charge of prison ; (ii) under sub-clause (4), to prescribe by rules, disciplinary powers of the officer-in-charge of prisons for regulation of prisoners, maintaining prison discipline and proper management of the prison, including high security wards; (iii) under sub-clause (6) (f), to prescribe by rules, any other records to be maintained by the officer-in-charge of a prison. Clause 10(2).— Under this clause, power is taken to the State Government to prescribe by rules, duties of the Medical Officer. Clause 13(d).— Under this clause, power is taken to the State Government to prescribe by rules, duties and functions of Jailor, Deputy Jailor and Assistant Jailor. Clause 15(1).— Under this clause, power is taken to the State Government to prescribe by rules, the misconduct for taking disciplinary action against any officer and staff of prison; Clause 20.— Under this clause, power is taken to the State Government prescribe by rules, the rules by which the officers and staff of the prison shall be governed.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 27 Clause 27.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1), to prescribe by rules, the purposes for utilization of the welfare fund; (ii) under sub-clause (2), to prescribe by rules, other amount to be deposited in the welfare fund. Clause 28.— Under this clause, power is taken to the State Government to prescribe by rules, the periodic interval for inspection of prisons. Clause 29(1).— Under this clause, power is taken to the State Government to prescribe by rules, the numbers of members of the Board of Visitors. Clause 30.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1), to prescribe by rules, the architecture and design of a prison; (ii) under sub-clause (2), to prescribe by rules, the standards of security for prison; (iii) under sub-clause (3), to prescribe by rules, the design of prison to facilitate segregation and separate lodging for various categories of prisoners. Clause 31(1).— Under this clause, power is taken to the State Government to prescribe by rules, the facilities or concessions to be allowed in the Open Prison and Open Colony. Clause 32.— Under this clause, power is taken to the State Government,— (i) under sub-clause (2)(h), to prescribe by rules, the other types of prisoners ascertain by the Classification and Security Assessment Committee; (ii) under sub-clause (3)(k), to prescribe by rules, ascertain the types of prisoners by the Classification and Security Assessment Committee according to their age, gender and sentence, etc. Clause 34.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1), to prescribe by rules, the manner of search for admission of the prisoner into the prison; (ii) under sub-clause (3), to prescribe by rules, the manner of search for female and transgender. Clause 38.— Under this clause, power is taken to the State Government to prescribe by rules, other prison offences. Clause 39.— Under this clause, power is taken to the State Government,- (i) under sub-clause (2), to prescribe by rules, manner of enforcing discipline in prison;28 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 (ii) under sub-clause (3), to prescribe by rules, the directions to be obeyed by the prisoners. Clause 40.— Under this clause, power is taken to the State Government to prescribe by rules, punishments for prison offences. Clause 43.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1), to prescribe by rules, food and quantity of food to be served to prisoners; (ii) under sub-clause (2), to prescribe by rules, the uniform of the convicted prisoners. Clause 45(1).— Under this clause, power is taken to the State Government, to prescribe by rules, work and wages of the prisoners. Clause 46.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1), to prescribe by rules, healthcare facilities to the prisoners; (ii) under sub-clause (4), to prescribe by rules, the method, modalities and procedure for transfer of prisoner. Clause 47.— Under this clause, power is taken to the State Government,— (i) under sub-clause (2), to prescribe by rules, maintenance of record of identity of visitors; (ii) under sub-clauses (3) and (4), to prescribe by rules, procedure for foreign prisoners to communicate with their relatives, consular representatives and legal counsel. Clause 49.— Under this clause, power is taken to the State Government,— (i) under sub-clause (1), to prescribe by rules, eligibility and conditions for furlough and parole; (ii) under sub-clause (3), to prescribe by rules, for monitoring the movement of prisoners released on furlough or parole through Electronic Tracking Device. Clause 52 (2).––Under this clause, power is taken to the State Government, to prescribe by rules, period and criteria for granting remission. Clause 53 (1) and (3).––Under this clause, power is taken to the State Government, to prescribe by rules, the education, vocational training and skill development for prisoners. Clause 55.— Under this clause, power is taken to the State Government, to prescribe by rules, constitution of welfare fund for prisoners, moneys to be deposited in the said fund and its utilization.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 29 Clause 57.— Under this clause, power is taken to the State Government, to prescribe by rules, to provide grievance redressal mechanism for prisoners. Clause 58.— Under this clause, power is taken to the State Government, to prescribe by rules, to provide aftercare service to released prisoners to ensure their rehabilitation and reintegration into society. Clause 63.— Under this clause, power is taken to the State Government, to prescribe by rules, to provide the medical care and diet to pregnant woman. Clause 64.— Under this clause, power is taken to the State Government, to prescribe by rules, to provide health care and facilities to a child living with his mother in prison. Clause 66.— Under this clause, power is taken to the State Government, to prescribe by rules, to provide separate enclosures or wards for transgender prisoners. Clause 70.— Under this clause, power is taken to the State Government, to prescribe by rules, to provide the manner for use of restraint and force on prisoners in case of rioting, jail-break, or when prisoners resort to violence endangering the life of fellow prisoners or prison officers or staff or visitors. Clause 75(2).— Under this clause, power is taken to the State Government, to prescribe by rules, to search person and visitor entering into the prison. Clause 78.–– Under this clause, power is taken to the State Government, to prescribe by rules, to take appropriate measures, the procurement of necessary equipment and preparation of a contingency plan for controlling and preventing any emergency situation. Clause 80.— Under this clause, power is taken to the State Government, to prescribe by rules, to delegate any power, other than the power to make rules, exercisable by it under this Act or the rules made thereunder to any officer of the State Government subject to such terms and conditions if any as may be specified therein. Clause 81.— Under this clause, power is taken to the State Government, to prescribe by rules, the manner to maintain and audit the accounts of prison. Clause 84(1).— Under this clause, power is taken to the State Government, to make rules for, to carry out the purposes of this Act. Clause 86.— Under this clause, power is taken to the State Government to issue an order in the Official Gazette, for removing any difficulty which may arise in giving effect to the provisions of this Act. 2. The above-mentioned proposals for delegation of legislative power are of normal character.30 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 FINANCIAL MEMORANDUM Clause 27 of the Bill provides for constitution of the welfare fund for the welfare of all officers and staff of the prison and correctional services and grants made by the State Government shall be deposited in the said fund. Clause 55 of the Bill provides for constitution of the welfare fund for the welfare of prisoners. The Bill on its enactment as an Act of the State Legislature would involve recurring expenditure from the Consolidated Fund of the State towards the grants made by the State Government in the welfare fund. However, it is not possible at this stage to give an estimate of actual recurring expenditure that may have to be incurred in this behalf.¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+öö, Êb÷ºÉå¤É®ú 18, 2024/+OɽþɪÉhÉ 27, ¶ÉEäò 1946 31 GOVERNOR’S RECOMMENDATION UNDER ARTICLE 207 OF THE CONSTITUTION OF INDIA (Copy of Government of Maharashtra Order, Law and Judiciary Department) In exercise of the power conferred upon him by clause (3) of Article 207 of the Constitution of India, the Governor of Maharashtra is pleased to recommend to both Houses of the State Legislature, the Consideration of the Maharashtra Prisons and Correctional Services Bill, 2024. Vidhan Bhavan : JITENDRA BHOLE, Nagpur, Secretary (1) (I/C), Dated 18th December, 2024. Maharashtra Legislative Assembly. ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR: DIRECTOR, RUPENDRA DINESH MORE.