The Bengal State Prisoners Regulation, 1818
Regulation 3 of 1818
LEGISLATIVE HISTORY 6
A Regulation for the confinement of State prisoners1. Preamble. - Whereas'[reasons of State connected with defence [or foreign affairs], or with the maintenance of public order], occasionally render it necessary to place under personal restraint individuals against whom there may not be sufficient ground to institute any judicial proceeding, or when such proceeding may not be adapted to the nature of the case, or may for other reasons be inadvisable or improper; and whereas it is fit that in every case of the nature herein referred to, the determination to be taken should proceed immediately from the authority of the [Government], and whereas the ends of justice require that, when it may be determined that any person shall be placed under personal restraint, otherwise than in pursuance of some judicial proceeding the grounds of such determination should from time to time come under revision, and the person affected thereby should at all times be allowed freely to bring to the notice of the[Government] all circumstances relating either to the supposed grounds of such determination or to the manner in which it may be executed; and whereas the ends of justice also require that due attention be paid to the health of every State prisoner confined under this Regulation, and that suitable provision be made for his support according to his rank in life, and to his own wants and those of his family; and whereas the reasons above declared sometimes render it necessary that the estates and lands of Zamindars, taluqdars and others [ - ] should be attached and placed under the management of the Revenue authorities without having recourse to any judicial proceedings; and whereas it is desirable to make such legal provisions as may secure from injury to the just rights and interests of individuals whose estates may be so attached under the direct authority of Government; [it is hereby enacted as follows]:- 2. Proceeding for placing persons under restraint as State prisoners. - First - When the reasons stated in the preamble of this Regulation may seem to the [Government] to require that an individual should be placed under personal restraint, without any immediate view to ulterior proceedings of a judicial nature, [ a warrant of commitment] shall be issued by the Government to the officer in whose custody such person is to be placed. [Second. - The warrant of commitment shall be in one of the forms set out in the Appendix to this Regulation which is appropriate to the case]. [Authority of warrant - Third. - The warrant of commitment shall in relation to a person to be confined for reasons connected with defence [or foreign affairs], be sufficient authority for his detention in any fortress, jail or other place in any [Part A State], or [Part C State], and in relation to any person to be confined for reasons connected with the maintenance of public order in a [State] shall be sufficient authority for his detention in any fortress, jail or other place in that [State]. [2A. Communication of grounds of detention of detention and opportunity of making representation - When any person is detained in pursuance of a warrant of commitment issued by the government, the government shall, as soon as may be, communicate to the State-prisoner the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order: Provided that nothing in this section shall require the government to disclose facts which it considers to be against the public interest to disclose]. 3. Officers having custody of State prisoners to submit periodical reports. - Every officer in whose custody any State prisoner may be placed shall, on the Ist of January and the Ist of July of each year submit a report to the [Government][ -] on the conduct, the health and the comfort of such State prisoner, that the [Government] may determine whether the order for his detention shall continue in force or shall be modified. 4. State prisoners in custody of Zila Magistrate, by whom to be visited. - First - When any State prisoner is in the custody of a Zila [ - ] Magistrate, the Judge [-] are to visit such Stat-prisoner on the occasion of the periodical session, and they are to issue any orders concerning the treatment of the State-prisoner which may appear to them advisable, provided they do not inconsistent with the orders of the [Government] issued on that head. State prisoners in custody of public officer not being Zila Magistrate, by whom to be visited - Second - When any State prisoner is placed in the custody of any public officer not being a Zila [ - ] Magistrate, the [Government] will instruct either the Zila [ - ] Magistrate, or the Judge or any public officer not being the person in whose custody the prisoner may be placed, to visit such prisoner at stated periods, and to submit a report to Government regarding the health and treatment of such prisoner. 5. Representations by State-prisoners to be submitted to Government. - The officer in whose custody any State prisoner may be placed is to forward with such observations as may appear necessary every representation which such State prisoner may from time to time be desirous of submitting to the [Government] 6. Report to Government regarding confinement, etc., of State prisoner. - Every officer in whose custody any State prisoner may be placed shall, as soon after taking such prisoner into custody as may be practicable, report the to [Government] whether the degree of confinement to which he may be subjected appears liable to injure his health, and whether the allowance fixed for his support be adequate to the supply of his own wants and those of his family, according to their rank in life. 7. Appropriation of allowance for support. - Every officer in whose custody any State-prisoner may be placed shall take care that the allowance fixed for the support of such State-Prisoner is duly appropriated to that object. [7A. Division of functions between Central Government and [State] Government. - (1) Where a person is, or is to be confined in a [Part A State] under this Regulation for reasons connected with defence [or foreign affairs], the warrant of commitment and any orders as to his release or the place of his detention shall be issued by the Central Government, and the amount of the allowance to be fixed for his support shall be fixed by the Central Government to, and applied by, the [State] Government; and all reports and representations to be made under the foregoing provisions of this Regulation shall be submitted and forwarded both to the Central Government and the [State] Government. (2) Subject as aforesaid, all things to be done by or to the Government in relation to any persons confined or to be confined under this Regulation shall be done by or to the [State] Government. (3) References to the preceding section of this Regulation to the Government shall be construed in accordance with the forgoing provisions of this section. (4) Deleted by Bengal State Prisoners Regulation (Amendment) Order, 1947. [8. Application of provisions of sections 3-7 to present State prisoners.] 9. Attachment of estates by order of Government without decision of Court. - Whenever the [State]Government, for the reasons declared in the preamble to this Regulation, shall judge it necessary to attach the estates or lands of any zamindar, Jagirdar, taluqdar, or other person, without any previous decision of a Court of Justice, or other judicial proceeding, the grounds on which the Resolution of Government may have been adopted, and such other information connected with the case as may appear essential, shall be communicated [ - ] to the Judge and Magistrate of the district in which the lands or estates may be situated [ - ] [add] to the Sadr Diwani Adalat and Nizamat Adalat. 10. Management of attached estates. - First - The lands or estates which may be so temporarily attached shall be held under the management of the officers of government in the Revenue Department, and the collections shall be made and adjudged on the same principles as those of other estates held under has management. Attached lands not liable to sale in execution-Second - Such lands or estate shall not be liable to be sold in execution of decrees of the Civil Courts, or for the realisation of fines or otherwise, during the period in which they may be so held under attachment. Government to arrange for satisfaction of decrees - Third - In the cases mentioned in the preceding clause the Government will make such arrangements as may be fair and equitable for the satisfaction of the decrees of the Civil Courts. 11. Release of estate from attachment. - Whenever the [State] Government shall be of opinion that the circumstances which rendered the attachment of such estate necessary have ceased to operate, and that the management of the estate can be committed to the hands of the proprietor without public hazard or inconvenience, the Revenue authorities will be directed to release the estate from attachment, to adjust the accounts of the collections during the period in which they may have been superintended by the officers of Government, and to pay over to the proprietor the profits from the estate which may have accumulated during the attachment. [12. Extent. - This Regulation, so far as it relates to the confinement of persons for reasons connected with defence [or foreign affairs] extends to the whole of all the [ Part A States] and [Part C States]; and so far as relates to other matters, extends to all those [States] except Madras [and Bombay].
Forms of Commitment
Form of commitment for reasons connected with defence [or foreign affairs]To The (here insert the officer's designation). Whereas [-] [Central Government] for good and sufficient reasons being reasons connected with defence [or foreign affairs] [ - ] has seen fit to determine that (here insert the State-prisoner's name) shall be placed under personal restraint at (here insert the name of the place), you are hereby required and commanded in pursuance of that determination to receive the person above named into your custody and to deal with him in accordance with the orders of the Government and the provisions of the Bengal State Prisoners Regulation, 1818.
Form of commitment in other cases.To The (here insert officer's designation). Where the Government [ - ] [Central Government] omit the inappropriate words) for good and sufficient reasons, being reasons connected with maintenance of public order, has seen fit to determine that (here insert the State prisoner's name) shall be placed under personal restraint at (here insert the name of the place) you are hereby required and commanded, in pursuance of that determination, to receive the person above named into your custody, and to deal with in conformity with the orders of the Government and the provisions of the Bengal State Prisoners Regulation, 1818.