Punjab Detenus (Conditions of Detention) Order, 1981
Published vide Notification No. S.O. 16/C.A. 65/80/S 5/81.
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(a) 'detenu' means any person being detained in the State of Punjab by detention order passed under section 3 of the National Security Act, 1980;
(b) 'Jail' means any prison as defined in section 3 of the Prisons Act, 1894 (Central Act IX of 1894), and includes a Police Lock-up, the Interrogation Centre, Old Jail, Amritsar [and the Interrogation Centre Ladda Kothi, District Sangrur]
(c) 'relative' includes father, mother, wife, husband, children, uncle, aunt, brother, sister, father-in-law, mother-in-law, son-in-law and daguther-in-law of the detenu; and
(d) 'Superintendent' means the Superintendent of the Jail in which any detenu is detained, or in the case of a Police Lock up the officer-in- charge of the Police Station in whose jurisdiction the lock up is situated and in the case of Interrogation Centre, Old Jail Amritsar, the Superintendent of Police incharge of the aforesaid Centre.
3. Classification. - The detenus shall be classified in two classes, viz. 'Special class' and 'Ordinary class'. All Members of the Parliament and Members of a Legislative Assembly shall be classified as 'Special Class' and other detenus shall be classified as 'Ordinary Class'. 4. Ex-gratia Family Allowance. - If the State Government, after making such inquiry as it may deem fit, is satisfied that the detenu is the bread winner and his detention has substantially affected the means of subsistence of his family, it may grant an ex gratia family allowance to the detenu's family at the rate of 33½ per cent of the income of such detenu : Provided that the amount of such grant shall not be less than fifty rupees and more than one hundred rupees per mensem in any case. 5. Accommodation. - Detenus shall be kept in cells or association wards (preferably the latter) when they are detained in Jail, but in case they are detained in Police Lockups or in Interrogation Centre, Old Jail, Amritsar, they shall kept in the lock-up separately from other persons but allowed to associate freely with each other if there are other detenus. The State Government, the Superintendent of Jail or the Superintendent of Police within whose jurisdiction the Police lock up is situated or the Superintendent Incharge of the aforesaid Interrogation Centre, may confine any particular detenu or any particular class of detenus separately if this is considered desirable on any ground. The detenus may be allowed to sleep in the open during summer where such arrangements exists or can be made. 6. Look-up. - The detenus shall not normal be locked up at night. However, if the Superintendent considers that it is expedient to do so in view of the suspicious character of any detenu he may lock up the detenu during night and record reasons for doing so in his journal. The other gate of the jail compound shall, however, remain locked up all the twenty-four hours. 7. Diet. - (1) Special Class and Ordinary Class detenu shall be given a diet allowance of seven rupees and five rupees per day, respectively. They will run their own kitchen with the assistance of some Jail staff. They shall be supplied articles stocked in Jail for prisoners, but payment for the articles supplied will be made by the detenus out of separate account to be opened for the detenus. In addition they can get other articles through prison canteen. They may if they so like get articles of their choice from outside through an contractor to be approved by the Superintendent. The articles so purchased shall be examined by the Superintendent. (2) The detenus lodged in the Jails of Punjab State may be allowed by the Superintendent to supplement their requirements in the matter of food be receiving fruits (both fresh and dry) in reasonable quantity and pure ghee upto five kilograms per month from relatives and friends at the time of interviews; provided that such articles of diet shall be subject to examination by the Superintendent. 8. Clothing and Bedding. - Each detenu may wear his own clothes and his relations may, if so permitted by the Superintendent, send in extra clothes and bedding A detenu who is unable to provide himself clothing and bedding shall be supplied the same by the Superintendent, on the scale given below on the condition that he will not be permitted to use private bedding and clothes :
Name of clothes |
Special Class |
Ordinary Class |
For all seasons |
|
|
Kurtas |
4 |
4 |
Pyjama or dhotis |
4 |
4 |
Chandars or bed sheets |
2 |
2 |
Towels |
2 |
2 |
Covering sheets |
2 |
2 |
Cotton duries (7' x 4') |
1 |
1 |
Tulai |
1 |
1 |
Kachhas or Janghias |
3 |
3 |
Bunians |
3 |
3 |
Pugrees or caps |
2 |
2 |
Pillow with two covers |
1 |
1 |
Country made shoes |
1 pair |
1 pair |
Blanket |
1 |
1 |
For Winter (in addition to clothing and bedding provided for all seasons) |
||
Sweater |
1 |
1 |
Quil |
1 |
1 |
Woolen coat |
1 |
1 |
Quilt cover |
1 |
1 |
Woollen socks |
2 pairs |
2 pairs |
Notes :- (i) All detenus may be provided with English pattern shoes instead of country-made shoes, if they so wish
(ii) The Superintendent shall make arrangements at Government expense for repairing shoes of the detenus.
(iii) The Superintendent may issue necessary clothes to such deserving detenus as have no clothes of their own at the time of their release.
(iv) In case the detenu does not wish to wear Jail clothes and cannot get clothes of his own, clothes can be made according to his specification;s
Provided the cost of clothing for summer and winter wear does not exceed the sale of clothing laid down for the class to which the detenu belongs 9. Furniture. - All detenus shall be supplied with the following furniture :-
(1) Charpoy |
one |
(2) Wooden chair |
one |
(3) Wooden teapoy |
one |
(4) Writing table |
one |
(5) Shelf cup board or Almirah |
one |
(6) Mosquiyo net |
one |
(a) there is no cause or undue delay in transmission or delivery of letters.
(b) the letters delivered or transmitted contain nothing which is prejudicial.
(5) The letters addressed by the State Government to the detenu and the reply thereto shall not be included for the purpose of determining the numbers of letters exchanged by the detenu under this order. (6) All correspondence, addressed by a detenu to the Central Government of to a State Government, other than the State where he is detained shall be routed through the Government of the State in which the detenu is detained. This shall not, however, apply to the correspondence mentioned in sub clause (1). (7) No letter, newspaper or other communication shall be transmitted to or from any detenu except through the Superintendent or such other officer as the State Government may be general or special order, designate in this behalf. (8) All letters to and from detenus detained in Jails shall be perused by the Superintendent concerned and subject to any special orders of the State Government shall be submitted by the Superintendent direct to the Superintendent of Police of the District concerned who may at his discretion either forward the letters without delay or withhold them. In case of doubt the Superintendent of Police shall be refer the matter to the Deputy Inspector General of Police (Criminal Investigation Department) or other officer designated by the Government in this behalf. (9) If in any communication made by, or intended to be delivered to a detenu, anything, objectionable from the point of view of Jail discipline is found by the Superintendent, he may delete the same or mark it for deletion and mention what has been done when forwarding such communication to the proper authority. (10) Every letter forwarded to or from the detenu shall be initialled and dated by the officer who handled the letter. (11) In all cases, in which a letter is withheld the detenu shall be informed through the Superintendent of the fact of the retention. All letters withheld shall be sent to the Deputy Inspector General of Police (Criminal Investigation Department) or the other officer designated by Government in this behalf who may at his discretion either retain them or destroy them. (12) The following procedure shall be followed with regard to the despatch of telegrams to and from detenus :- When the telegram is to or from the State Government it shall be forwarded direct provided that the State Government shall always be the intermediary in correspondence with the Central Government. It shall be the duty of Superintendent to ensure that only those telegrams the urgency of the contents of which justifies the use of telegraphic transmission shall be despatched or received by detenus. The Superintendent may despatch any telegram from detenu, including a petition submitted in telegraphic form by post instead of by telegram in any case where in his opinion the subject matter is not of sufficient urgency to justify transmission by telegraphs. (13) Detenus shall attach to all their out going correspondence (including telegrams), a slip containing the full name and address and relationship if any of the addressee, and of each person mentioned in the letter or telegram. These slips shall be sent to the Deputy Inspector General of Police (Criminal Investigation Department), or other officer designated by Government in this behalf who, if he considers that the writer should not be allowed to correspond with the addressee, shall inform the Superintendent or the officer concerned for his future guidance. (14) The correspondence to and from detenus shall confine purely to domestic matters or such matters relating to the welfare of the detenus or their relatives and matter relating to the private business. Letters containing references to political or communal matters shall be withheld. 17. Writing materials. - (1) All detenus shall be supplied writing materials at their own expense provided that the supply of paper shall be subject to the following conditions :-(i) it shall be supplied in small quantities at a time and shall before delivery to the detenus be numbered and jail stamp affixed to it; and
(ii) an additional lot small not be supplied unless the paper already supplied is produced and is found to have been properly used.
(2) Student detenus shall be provided with all facilities to prosecute their studies in Jail. (3) All detenus who desire to learn Hindi and Punjabi shall be supplied at Government expense slates, pencils, takhties, inkpots and pens during teaching hours. 18. Examination. - Student detenu shall be allowed to appear in examinations. 19. Officers and Punishments. - (1) Every detenu :-(i) shall reside in the accommodation allotted to him by the Superintendent whether in an association ward or a cell;
(ii) shall not proceed beyond the limits of the Jail save with the permission of the Superintendent given by general or special order in this behalf;
(iii) shall obey the orders of the Superintendent issued from time to time for the comfort, safety and health or for the discipline orderly conduct and control of detenus;
(iv) shall attend roll can and answer to his name in persons at such time and place with the Jail as may be appointed by the Superintendent;
(v) shall conform to the standards or cleanliness and dress laid down by the Superintendent;
(vi) shall not do anything wilfully with the object of effecting his own bodily welfare;
(vii) shall not have in his possession any coin, currency notes or negotiable instruments and any weapons, sticks, razors other than safety razors, pieces of iron or any other article which may be used as weapon;
(viii) shall not exchange or sell any of his kit, equipment, clothes, furniture or other possessions;
(ix) shall not refuse to take the prescribed diet.
(2) Any detenu who contravenes any of the provisions of sub-clause (1) or refuses to obey any order issued thereunder, or does any of the following acts namely :-(i) assaults, insults, threatens or obstructs any fellow prisoner, any officer of the Jail or any other Government employees, or any person employed in or visiting the Jail; or
(ii) quarrels with any person in the Jail; or
(iii) is guilty of indecent immoral or disorderly conduct; or
(iv) communicates or attemps to communicate with any person outside the Jail in an unauthorised manner; or
(v) bribes or attempts to bribe any Government employee or any person employed in or visiting the Jail; or
(vi) commits any nuisance or wilfully befouls any well latrine, washing or bathing place; or
(vii) disobeys the orders of, or shows disrespect to any officer of the Jail; or
(viii) willfully damages any property belonging to Government or tempers with any lock, lamp or light in the Jail; or
(ix) receives, possesses or transfers any articles in contravention of any order of the Superintendent; or
(x) feigns illness; or
(xi) wilfully brings a false accusation against any officer of the Jail fellow prisoner; or
(omits or refuses to report, as soon as it comes to his knowledge the occurrence of any fire, any plot or conspiracy, any escape, attempt or preparation to escape and any attack or preparation for attack upon any officer of the Jail; or
(xii) abets the commission by fellow prisoners of the foregoing acts; or
(xiv) omits or refuses to help any officer of the Jail in case of any attempt escape on the part of any of his fellow prisoners or of any attack upon such officer or upon any of his fellow prisoners shall be deemed to have committed a Jail offence.
(3) Whereupon such inquiry as he thinks fit to make, the Superintendent is satisfied that a detenu is guilty of a Jail offence, he may award the detenu one or more of the following punishments, namely :-(a) Confinement of Cells a period not exceeding fourteen days.
(b) Reduction or alteration of diet for a period not exceeding fourteen days.
(c) Cancellation or reduction for a period not exceeding two months of the concession of receiving funds from outside.
(d) Cancellation or reduction, for a period not exceeding two months of the privilege of writing and receiving newspapers and books.
(e) Cancellation or reduction for a period not exceeding two months of the privilege of having interviews.
(f) Cancellation of the privilege of wearing his own clothes.
(g) Cancellation of the privilege of charpoys.
20. Watches. - A detenu shall be allowed to keep either a wrist watch or a time piece at his own expense but no responsibility for its safety will be taken by the Govt. 21. Books and Periodicals. - (a) The following facilities will be made available at Government expenses :-(i) A detenu may be afforded library facilities wherever possible. The books, journals and newspapers provided in a library shall be subject to the approval of the Deputy Inspector General of Police (Criminal Investigation Department).
(ii) One English or one regional language newspaper shall be made available for every ten detenus by circulation. In case where the number of detenus knowing a particular language is below ten they should also be provided with the newspaper in that language at Government expense. The detenu may make a selection of the newspapers he desires to read from a list of approved newspapers specified in the Schedule annexed to this Order.
(b) The detenu may avail himself of the following facilities at his own expenses :-
(i) The detenu may obtain any book, journal or newspaper without limitation, as to number by making his own arrangements.
(ii) All books and newspapers shall be transmitted to and from detenus by the Superintendent of Police of the district through the Superintendent concerned. The Superintendent of Police may at his discretion withhold any newspaper or book. Translation of such books as have already been inspected and approved, shall be transmitted to detenus without withheld a report shall be made to Deputy Inspector General of Police (Criminal Investigation Department) or any other officer designated by Government in this behalf. The newspapers permitted by Government shall be handed over to the detenus without prior censorship. The names of the newspapers, periodicals and magazines, which have been approved by Government for detenus are shown in the Schedule annexed to this Order.
(iii) In matters relating to withholding of any book, journal or newspaper, the detenu may, it not satisfied with the decision of the concerned authorities make representation through Superintendent to the State Government whose decision shall be final.
22. Recreation. - (1) Subject to the facilities available in the Jail where the detenu is confined, the detenu may be permitted to :-(a) have walks inside the compound where he is confined both in the morning and in the evening;
(b) play games like badminton and volley ball;
(c) play indoor games like chess, carrom and cards.
(2) Material for all games may be provided at the Government expenses. There is, however, no objection to a relative providing material to the detenu for his recreation subject to the prior approval of the Superintendent. (3) In the interest of discipline, the Superintendent shall have full authority in withdrawing any facility that may be given for recreation purposes. (4) A detenu may be allowed to keep a gramophone and radio or transistor of his own, provided the same is controlled by the Superintendent and the detenu abides by the instructions of the Superintendent in regard to the listening to any broadcasting that the Superintendent may consider prejudicial. In case of any breach of instructions of the Superintendent in this regard these facilities shall be withdrawn. 23. Tasks. - In no case should a detenu be assigned a task including physical labour unless he voluntarily expenses willingness in writing to undertake it. In all cases where task is assigned to the detenue on his own request appropriate remuneration should be paid and credited to the private funds of the detenu kept with the Supdt. 24. Smoking. - The detenus shall be allowed to smoke cigarettes and to keep hukas at their own expenses. 25. Railway Accommodation. - All detenus shall be allowed to travel in second class railway accommodation on transfer from one Jail to another or on release on parole of otherwise. 26. Place of detention. - The detenu may be detained any in Jail of the State. 27. Applications and representations. - (1) Detenus shall submit their applications or representations to Government in duplicate. One copy of such application or representation shall be retained by the Superintendent to deal with future references. (2) The Supdt. shall withhold applications or representations addressed to Government by detenus which are couched in disrespectful or discourteous languages. 28. Medical facilities. - Detenus will ordinarily be treated by the Medical Officer of the Jail. In cases where it is necessary to remove a detenu to a civil hospital outside the jail or operation or other special treatment which cannot conveniently be given in the Jail itself, the orders of Government for such treatment shall be obtained, through the Inspector General of Prisons. In emergent cases the Superintendent is authorised to anticipate the sanction of the Government but he should make an immediate report of all cases in which he avails himself of the authority. The Superintendent should ask the Superintendent of Police of the District in which the Jail is situated to make arrangement for guarding these detenus during their stay in the civil hospital outside the Jail. For the purposes of Jail discipline the Superintendent shall dispute a Jail Official to see that the provisions of this Order are properly observed. The detenu should also be provided with spectacles and detenures at Government expense if recommended by the Jail Medical Officer or by any Medical Specialist appointed to make such recommendations. 29. Miscellaneous. - All particulars relating to detenus shall be entered without serial number in the register of civil prisoners, and all statistics of detenus shall be shown separately in the returns. 30. History tickets. - A history ticket shall be maintained for each detenu containing information applicable to prisoners in paragraphs 504 to 508 of the Punjab Jail Manual. The history ticket shall be kept by the Superintendent and not by a convict officer as laid down in paragraph 500 of the said Manual. 31. This order to be shown to detenus. - This order shall be shown to detenus on their arrival in the Jail. 32. Power to issue instructions. - Such other local instructions as may be necessary for the guidance of the Jail Officer in charge in prisons in the State with the approval of the State Government.Form A
(See Clause 14)
Application for Interview
Particulars to be furnished by persons desiring to interview a detenu. Name of the detenu to be interviewed _________________ Name of the Applicant _________________ Relationship of applicant to detenu _________________ Full address of Applicant _________________ Purpose for which interview is desired _________________ Date on which interview is desired _________________ Date and hours _________________Signature of the Applicant
Form B
Full Name of sender _________________ Full name, address and relationship of addressee and of any other person mentioned in the letter _________________ To be detached here _________________ Signature of censoring officer _________________ Name of sendor _________________Jail _________________
Date _________________
Schedule
(See clause 21)
List of approval Newspapers
News papers, periodicals and Magazines which are supplied to detenus confined in the Punjab Jails at Government expenses :-
|
|
Dailires |
English |
1 |
The Tribune |
|
2 |
The Hindustan Times |
|
3 |
Indian Express |
|
4 |
Patriot |
Hindi |
1 |
Hindi Milap |
|
2 |
Vir Partap |
Punjabi |
1 |
Ajit Jullundur |
|
2 |
Akali Patrika, Jullundur. |
Urdu |
1 |
The Milap, Jullundur |
|
2 |
The Partap, New Delhi |
|
|
Weeklies |
English |
1 |
Illustrated Weekly of India |
Hindi |
1 |
Dharam yug |
Punjabi |
1 |
Mel Milap, Chandigarh |
Urdu |
2 |
The Asia Delhi |
English |
1 |
Times of India |
|
2 |
Statesman |
|
3 |
Economic Review |
|
4 |
Advances |
|
5 |
Reader's Digest |
Hindi |
1 |
New Bharat Times |
|
2 |
Hindustan Saptahik |
|
3 |
Jagjsiti |
|
4 |
Panchayati Raj |
|
5 |
Navneet |
|
6 |
Punjab Kesri |
Punjabi |
1 |
Ranjit, Patiala |
|
2 |
Fateh, Delhi |
|
3 |
Jagriti |
|
4 |
Kanwal |
|
5 |
Pritem, Delhi |
|
6 |
Jagbani |
Urdu |
1 |
The Tej, Delhi |
|
2 |
The Parchami Hindi |
|
3 |
The Jagat |
|
4 |
The Pasvan, Chandigarh |
|
5 |
The Shamma, New Delhi |
|
6 |
The Partap, Jullundur |
|
7 |
Hindi Samachar. |