ANDHRA PRADESH PREVENTION OF DANGEROUS ACTIVITIES OF BOOT LEGGERS, DACOITS, DRUG OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS AND LAND GRABBERS ACT, 1986
28th February, 1986
An Act to provide for preventive detention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers for preventing their dangerous activities prejudicial to the maintenance of Public Order. Whereas public order is adversely affected every now and then by the dangerous activities of certain persons, who are known as bootleggers, dacoits, drug offenders goondas, immoral traffic offenders and land grabbers. And whereas having regard to the resources and influence of the persons by whom, the large scale on which, and the manner in which the dangerous activities are being clandestinely organised and carried on in violation of law by them, as bootleggers, dacoits, drug offenders, goondas, immoral traffic offenders or land grabbers in the State of Andhra Pradesh and particularly in its urban areas, it is necessary to have a special law in the State of Andhra Pradesh to provide for preventive detention of these six classes of persons and for matters connected therewith: Be it enacted by the Andhra Pradesh Legislative Assembly in the Thirty sixth Year of the Republic of India as follows
Section 1 Short title and extent
(1) This Act may be called the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986.
(2) It extends to the whole of the State of Andhra Pradesh.
Section 2 Definitions
In this Act, unless the context otherwise requires,
(a) "acting in any manner prejudicial to the maintenance of public order" means when a boot legger, a dacoit, a drug offender, a goonda, an immoral traffic offender or a land grabber is engaged or is making preparations for engaging in any of his activities as such, which affect adversely, or are likely to affect adversely, the maintenance of public order.
Explanation:- For the purpose of this clause public order shall be deemed to have been affected adversely, or shall be deemed likely to be affected adversely inter alia, if any of the activities of any of the persons referred to in this clause directly or indirectly, is causing or calculated to cause any harm, danger or alarm or a feeling of insecurity among the general public or any section thereof or a grave or widespread danger to life or public health;
(b) "boot legger" means a person, who distils, manufactures, stores, transports, imports, exports sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the Andhra Pradesh Excise Act, 1968, and the rules, notifications and orders made thereunder or in contravention of any other law for the time being in force, or who knowingly expends or applies any money or supplies any animal, vehicle, vessel or other conveyance or any receptacle or any other material whatsoever in furtherance or support of the doing of any of the above mentioned things by himself or through any other person, or who abets in any other manner the doing of any such thing;
(c) "dacoit" means a person who either by himself or as a member of or leader of a gang commits or abets the commission of any of the offences punishable under Sections 395 to 400 of the Indian Penal Code, 1860;
(d) "detention order" means an order made under Section 3;
(e) "detenu" means a person detained under a detention order;
(f) "drug offender" means a person, who manufactures, stocks, imports, exports, sells or distributes any drug or cultivates any plant or does any other thing in contravention of any of provisions of the Drugs and Cosmetics Act, 1940 or the the Narcotic Drugs and Psychotropic Substances Act 1985 and the rules, notifications and orders made under either Act, or in contravention of any other Law for the time being in force, or who knowingly expends or applies any money in above mentioned things by himself or through any other person or who abets in any other manner the doing of any such thing;
(g) "goonda" means a person, who either by himself or as a member of or leader of a gang, habitually commits, or attempts to commit or abets the commission of offences punishable under Chapter XVI or Chapter XVII or Chapter XXII of the Indian Penal Code;
(h) "Government" means the State Government of Andhra Pradesh;
(i) "immoral traffic offender means a person who commits or abets the commission of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956;
(j) "land grabber" means a person, who illegally takes possession of any land (whether belonging to Government, local authority or any other person) or enters into or creates illegal tenancies or leave and licence agreements or any other agreement in respect of such lands; or who constructs unauthorised structures thereon for sale or hire, or give such lands to any person on rental or lease and licence basis or for construction or use and occupation of unauthorised structures or he knowingly gives financial aid to any person for taking illegal possession of such lands, or for construction of unauthorised structures thereon or who collects or attempts to collect from any occupier of such lands, rent compensation or other charges by criminal intimidation or who evicts or attempts to evict any such occupier by force without resorting to the lawful procedure or who abets in any manner the doing of any of the above mentioned things;
(k) "unauthorised structure" means any structure constructed without express permission in writing of the appropriate authority under and in accordance with any law for the time being in force in the area concerned.
Section 3 Power to make orders detaining certain persons
(1)The Government may, if satisfied with respect to any boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber that with a view to preventing him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such person be detained.
(2) If, having regard to the circumstances prevailing or likely to prevail in any area within the local limits of the jurisdiction of a District Magistrate or a Commissioner of Police, the Government are satisfied that it is necessary so to do, they may, by order in writing, direct that during such period as may be specified in the order, such District Magistrate or Commissioner of Police may also, if satisfied as provided in sub section (1), exercise the powers conferred by the said sub section:
Provided that the period specified in the order made by the Government under this sub section shall not in the first instance, exceed three months, but the Government may, if satisfied as aforesaid that it is necessary so to do, amend such order to extend such period from time to time by any period not exceeding three months at any one time.
(3) When any order is made under this section by an officer mentioned in sub section (2), he shall forthwith report the fact to the Government together with the grounds on which the order has been made and such other particulars as in his opinion, have a bearing on the matter, and no such order shall remain in force for more than twelve days after the making thereof, unless, in the meantime, it has been approved by the Government.
Section 4 Execution of detention orders
A detention order may be executed at any place in the State in the manner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973.
Section 5 Power to regulate place and conditions of detention
Every person in respect of whom a detention order has been made shall be liable
(a) to be detained in such place and under such conditions, including conditions as to maintenance, discipline and punishment for breaches of discipline, as the Government may, by general or special order, specify; and
(b) to be removed from one place of detention to another place of detention, within the State by order of the Government.
Section 6 Detention orders not to be invalid or in operative on certain grounds
No detention order shall be invalid or inoperative merely by reason
(a) that the person to be detained thereunder, though within the State, is outside the limits of the territorial jurisdiction of the officer making the order, or
(b) that the place of detention of such person though within the State, is outside the said limits.
Section 7 Power in relation to absconding persons
(1) If the Government have, or an officer mentioned in sub section (2) of Section 3, has reason to believe that a person in respect of whom, a detention order has been made has absconded or is concealing himself so that the order cannot be executed then the provisions of Sections 82 to 86 (both inclusive) of the Code of Criminal Procedure, 1973, shall apply in respect of such person and his property, subject to the modifications mentioned in this sub section and irrespective of the place where such person ordinarily resides, the detention order made against him shall be deemed to be a warrant issued by a competent Court. Where the detention order is made by the Government, an Officer, not below the rank of District Magistrate or Commissioner of Police authorised by the Government in this behalf, or where the detention order is made by an officer mentioned in sub section (2) of Section 3, such officer, as the case may, be, shall irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the competent Court under Sections 82, 83, 84 and 85 of the said Code for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action under the said sections. An appeal from any order made by an such officer rejecting an application for restoration of attached property shall lie to the Court of Session, having jurisdiction in the place where the said person ordinarily resides, as provided in Section 86 of the said Code.
(2)
(a) Notwithstanding anything contained in sub section (1), if the Government have, or an Officer mentioned in sub section (2) of Section 3 has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, the Government or the Officer, as the case may be, may by order notified in the Andhra Pradesh Gazette, direct the said person to appear before such officer, at such place and within such period as may be specified in the order.
(b) If such person fails to comply with such order, unless he proves that it was not possible for him to comply therewith, and that he had within the period specified in the order, informed the officer mentioned in the order of the reasons which rendered compliance therewith impossible and of his where abouts, or proves that it was not possible for him to so inform the officer mentioned in the order, he shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine, or with both.
(c) Notwithstanding anything contained in the said Code, every offence under clause (b) shall be cognizable.
Section 8 Grounds of order of detention to be disclosed to persons affected by the order
(1) When a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but not later than five days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the Government.
(2) Nothing in sub section (1) shall require the authority to disclose facts which it considers to be against the public interest to disclose.
Section 9 Constitution of Advisory Boards
(1) The Government shall whenever necessary, constitute one or more Advisory Boards for the purposes of this Act.
(2) Every such Board shall consist of Chairman and two other members, who are, or have been Judges or are qualified to be appointed as Judges of a High Court.
Section 10 Reference to Advisory Board
In every case where a detention order has been made under this Act, the Government shall within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted by them under Section 9, the grounds on which the order has been made and the representation, if any, made by the person affected by the order, and in the case where the order has been made by an officer, also the report by such officer under sub section (3) of Section 3.
Section 11 Procedure of Advisory Boards
(1) The Advisory Board shall, after considering the materials placed before it and, after calling for such further information as it may deem necessary from the Government or from any person called for the purpose through the Government or from the person concerned, and if in any particular case, the Advisory Board considers it essential so to do or if the person concerned desires to be heard, after hearing him in person, submit its report to the Government within seven weeks from the date of detention of the person concerned.
(2) The report of the Advisory Board shall specify in a separate part thereof the opinion of the Advisory Board as to whether or not there is sufficient cause for the detention of the person concerned.
(3) When there is a difference of opinion among the members forming the Advisory Board, the opinion of the majority of such members shall be deemed to be the opinion of the Board.
(4) The proceedings of the Advisory Board and its report, excepting that part of the report in which the opinion of the Advisory Board is specified, shall be confidential.
(5) Nothing in this section shall entitle any person against whom a detention order has been made to appear by any legal practitioner in any matter connected with the reference to the Advisory Board.
Section 12 Action upon report of Advisory Board
(1) In any case where the Advisory Board has reported that there is, in its opinion, sufficient cause for the detention of a person, the Government may confirm the detention order and continue the detention of the person concerned for such period, not exceeding the maximum period specified in Section 13 as they think fit.
(2) In any case where the Advisory Board has reported that there is, in its opinion, no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.
Section 13 Maximum period of detention
The maximum period for which any person may be detained, in pursuance of any detention order made under this Act which has been confirmed under Section 12 shall, be twelve months from the date of detention.
Section 14 Revocation of detention orders
(1) Without prejudice to the provisions of Section 15 of the Andhra Pradesh General Clauses Act, 1891 a detention order may at any time, be revoked or modified by the Government, notwithstanding that the order has been made by an officer mentioned in sub section (2) of Section 3.
(2) The revocation or expiry of a detention order shall not bar the making of a fresh detention order under Section 3 against the same person, in any case, where fresh facts have arisen after the date of revocation or expiry, on which the Government or an Officer, as the case may be, are or is satisfied that such an order should be made.
Section 15 Temporary release of persons detained
(1) The Government may, at any time direct that any person detained in pursuance of a detention order may be released for any specified period, either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time cancel his release.
(2) In directing the release of any person under sub section (1), the Government may require him to enter into a bond, with or without sureties, for the due observance of the conditions specified in the direction.
(3) Any person released under sub section (1) shall surrender himself at the time and place and to the authority, specified in the order directing his release or cancelling his release, as the case may be.
(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub section (3), he shall, on conviction, be punished with imprisonment for a term which may extend to two years or with fine, or with both.
(5) If any person released under sub section (1) fails to fulfil any of the conditions imposed upon him under the said sub section or to the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.
Section 16 Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Government or any officer or person, for anything in good faith done or intended to be done in pursuance of this Act.
Section 17 Detention orders against any boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber to be made under this Act and not under National Security Act (Central Act 65 of 1980)
On and after the commencement of this Act no order of detention under the National Security Act, 1980 shall be made by the Government or any of their officers under that Act in respect of any, boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber in the State of Andhra Pradesh on the ground of preventing him from acting in any manner prejudicial to the maintenance of public order, where an order of detention may be or can be made against such person, under this Act.
ORDER/SCHEME:
ANDHRA PRADESH PREVENTION OF DANGEROUS ACTIVITIES OF BOOT LEGGERS, DACOITS, DRUG OFFENDERS, GOONDAS, IMMORAL TRAFFIC OFFENDERS AND LAND GRABBERS (REGULATION OF PLACE AND CONDITIONS OF DETENTION) ORDER, 1986
In exercise of the powers conferred by Section 5 of the Andhra Pradesh Prevention of Dangerous Activities of Boot leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Act 1 of 1986), the Governor of Andhra Pradesh hereby makes the following order, namely
Order 1 Short title, extent and commencement
(1) This order may be called the Andhra Pradesh Prevention of Dangerous Activities of Boot leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers (Regulation of Place and Conditions of detention) Order, 1986.
(2) It extends to the whole of the State of Andhra Pradesh.
Order 2 Definitions
In this order, unless the Context otherwise requires,
(a) "Act" means the Andhra Pradesh Prevention of Dangerous Activities of Boot leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 (Andhra Pradesh Act 1 of 1956);
(b) "Detenu" means a person detained in pursuance of a detention order made under the Act;
(c) "Superintendent" means the Superintendent or Officer in charge of the Jail in which a detenu is detained.
Order 3 Place of Detention
Any person in respect of whom a detention order under the provisions of the Act has been made by any of the authorities specified in column (1) of the Table below shall be removed to and detained in the Central Prison or State Jail specified in column (2) thereof:-
Order 4 Classification
(1) Every detenu shall be kept in a separate class called "special class".
(2) Detenu shall be kept separate from other class of prisoners and confined, in so far as accommodation permits and arrangements can be made separately from others.
(3) A detenu shall be locked up at night in the cell or ward and the lock up shall be effected sometime between 8 p.m. and 9 p.m, but it shall be open to the Superintendent, to effect the lock up earlier if circumstances, in his opinion, warrants. Minimum force that is absolutely necessary may be used, if any detenu refuses to be locked up. A detenu may be allowed to mix freely with other detenus of the same enclosure. The Superintendent may, however, confine any particular detenu separately, if he considers it desirable on grounds of health of the detenu or for any other reason.
Order 5 Furniture
Each detenu shall be provided at the Government cost with canvas easy chair, a sitting chair, a cot, a mattress, a small table, a small almirah, a cloth stand and a commode with a pan. All detenus shall be allowed to use lights at night for reading upto 10 p.m. The Superintendent, may, at his discretion, permit a few items of private furniture to be used by any detenu.
Order 6 Diet
(1)
(a) Each detenu shall be allowed ration at a value not exceeding Rs.6 per day;
Provided that any portion of the ration allowed under this item per day may be carried forward for use on subsequent days, so however, that no such portion of ration shall be allowed to accrue beyond the month during which it is supplied.
(b) A sum of Rs.12 per month shall be allowed to each detenu for the purchase of smoke, betel, toilet articles, razor blades, cards and the like and, if desired, increased quantity of fire wood. The personal allowance of Rs.12 shall be paid in two equal instalments, that is, on the 16th of the month and at the end of the month respectively. The diet may be modified or increased on medical grounds on the recommendation of the medical officer of the Jail.
(2) A detenu shall be allowed to bring his own cooking utensils, feeding and drinking vessels, but for any reason, if he is unable to do so, the Superintendent shall issue such utensils as he can conveniently issue.
(3) No portion of the personal allowance granted under this rule shall be allowed to accrue beyond the fifteenth day of the succeeding month.
Order 7 Clothing
(1) Each detenu may wear his own clothes or such other clothing as the relatives and friends, if permitted to do so by the Superintendent, may send.
(2) Each male detenu shall, on application, be supplied by the Superintendent with four shirts, four pyjamas or dhoties, two banians, two jangias and two towels every half year subject to a maximum cost of Rs.60 . All these shall remain the property of the Government.
(3) Suitable Indian mode of dressing may be provided to the female detenus at a maximum cost of Rs.75 for every six months including cost of sanitary towels to be used during menstrual period.
(4) A detenu shall have the option of getting either the ready made clothing referred to in sub clauses (1), (2) and (3) above or the cloth in lieu thereof from the market or from the Central Jail, Hyderabad, subject to the maximum cost specified therein, and, in the latter case, the tailoring department in the jail will have the cloth stiched for the detenu free of cost. All these clothing shall remain the property of the Government but when a detenu is released from jail he may be permitted to take the clothing purchased at the Government cost.
Order 8 Bedding and Chappals
(1) A detenu who is unable to provide himself with sufficient bedding shall be supplied annually with the following articles of bedding:
Cotton stuffed pillows
.......
2
Pillow cases
.......
2
Straw mat
.......
1
Cotton mattress (or quilt)
.......
1
Khaddar Shawl
.......
1
Bed Sheets
.......
2
Mattress covers
.......
2
Mosquito net
.......
1
Provided that the aforesaid articles of bedding need not be renewed annually unless, in the opinion of the Superintendent, they need renewal. All the articles supplied shall remain the property of the Government.
(2) Each detenu shall be supplied with a pair of a standard type of chappals made in the jail once a year at a cost not exceeding Rs.20 per pair.
Order 9 Washing
Every detenu shall be permitted by the Superintendent to have his clothes washed in the jail laundry, free of cost. However, the Superintendent may permit to send any valuable clothes for dry wash at the cost of the detenu, if he so desires.
Order 10 Toilet articles
Every detenu shall be supplied with toilet and washing soap oil for bathing and oil for toilet at the cost of the Government. Tooth paste and tooth brush or neem or babul sticks or tooth powder shall also be allowed at Government expenses, if desired. The scale of supply of these articles shall be at the discretion of the Superintendent. Every detenu, if he so desires, shall be allowed to have the services of the jail barber or shall be provided with shaving equipment which should be kept with the officer in charge of the enclosure when it is not in use.
Order 11 Discipline and searches
(1) Every detenu shall, for the purposes of discipline and punishment for breaches of discipline, be subject to such rules relating to civil prisoners as are not inconsistent with this order or any other order passed by the Government in this behalf.
(2) Every detenu and his cell or ward shall be liable to be searched not less than once a month, and more often if the Superintendent considers it necessary, by the Jailor or Deputy Jailor as directed by the Superintendent. Special precautions shall be taken to make the search thorough and the fact of the search shall be noted in the Jailor s report book.
Order 12 Private Funds
(1) A detenu may spend from private funds a sum not exceeding Rs.20 per month to supplement his diet. Money spent on purchases other than those for supplementing diet shall not count against that sum. The diet so supplemented shall be of simple nature. Cooked food shall, in no case be allowed to be imported from outside the Jail.
(2) Any amount received on behalf of a detenu shall be kept by the Superintendent and spent by him on behalf of the detenu. Amounts so received shall be held by the Superintendent in deposit on behalf of the detenu or may, at the discretion of the Superintendent, be paid to a nominee of the detenu;
Provided that should any detenues so wishes, such amount may be pooled by the Superintendent for the common use of all the detenus in the jail.
(3) Amounts sent to a detenu in discharge of liability of the sender to the detenu shall be received by the Superintendent and treated in the manner laid down in sub clauses (1) and (2) for the disposal of the amounts referred to therein.
Explanation:- The term Nominee occuring in sub clause (2) shall not include a co-detenu
Order 13 Interviews
(1) The Superintendent shall fix the days in the week on which a detenu may have interviews with persons, other than a police officer.
(2) Every detenu shall be permitted an interview once in a fortnight with the members of his family.
Explanation:- In this clause and Clause 16, the word family shall include wife, husband, father, mother, brother, sister, son, daughter, or any in laws of such relationship, direct uncle or direct aunt (that is brother or sister of the detenu s father and mother), first cousin (that is son or daughter of direct uncle or direct aunt), grand parents, grand children and direct nephew or niece that is son or daughter of the detenu s brother or sister.
(3) Each detenu shall furnish a list of his family members to the Superintendent, who shall submit the same for scrutiny of the Superintendent of Police, Intelligence.
(4) There shall not ordinarily be more than three visitors at any one interview, excluding children under 12 years of age and there shall not be more than three detenus at any one interview.
(5) Applications for interview from persons other than the police officers shall be made to the Superintendent in Form A, annexed to this order and the Superintendent may grant the same in case, the person seeking the interview is a member of the detenu s family.
(6) Notwithstanding anything in sub clause (5), the Superintendent may, for reasons to be recorded in writing, refuse to allow an interview on any particular day or for such period as he considers fit; and, in that event, he shall report his refusal and the reasons thereof to the Government.
(7) Interviews shall take place in the presence of an officer deputed by the Superintendent and such officer may terminate an interview at any time, if, in his opinion, the conversation is detrimental to the public interest or safety. The conversation shall be limited to private matters and there shall be no reference to jail administration and discipline, to other prisoners or to politics. The Superintendent shall permit any police officer, not below the rank of Sub Inspector of Police, belonging either to the District or Central Special Branch to overhear conversations between detenus and outsiders on production of a request in writing from a Police Officer not below the rank of Superintendent of Police or Deputy Commissioner of Police.
(8) Every person permitted to interview a detenu and the detenu himself may be searched before and after the interview at the discretion of the Superintendent.
(9) The Superintendent shall appoint the time, place and duration of each interview and shall not ordinarily allow an interview to continue for more than one hour with a relative or half an hour with a person other than a relative.
(10) After the interview is over, the jail official present at the interview shall warn both the detenu and the visitor that future interviews are liable to be prohibited if the visitor indulges in any publicity on behalf of the detenu.
(11) The Superintendent may allow additional interviews by authorised persons for special reasons, if he is satisfied that the circumstances make it necessary to do so. Applications for interviews from persons other than family members shall be submitted to the Government for orders.
Order 14 Business Interviews
In addition to the interviews permissible under Clause 13, every detenu shall be allowed to see or communicate with the members of his family or other persons concerned once or twice, or more often, if the Superintendent considers it necessary, to enable him to arrange for the management of his property or other family affairs. Such interviews shall ordinarily take place within two months after the detention of the person concerned and once a month thereafter and shall be conducted in accordance with the provisions of Clause 13 as regards place, duration and conditions of the interview, and the proceedings shall be kept strictly confined to the objects for which the interview was granted.
Order 15 Police Interviews
(1) Subject to the directions of the Government, the Inspector General of Police, may, by general or special order, authorise any Police Officer either singly or with another Police Officer, and accompanied or un accompanied by Subordinate Police Officers, to interview any detenu.
(2) The Police Officers so authorised may, with the permission of the Superintendent, interview detenus in their cells or wards.
(3) In visiting cells or wards, every Police Officer shall be accompanied by such escort as the Superintendent considers necessary for his safety; but the escort shall, if the Police Officer so requires, stand out of earshot, but within sight while he is speaking to any of the detenus.
(4) The Police Officers so authorised may, with the permission of the Superintendent, interview detenus in the ordinary interview room without a jail official being present.
(5) The Superintendent or any police officer authorised by him in this behalf may take photographs, register finger prints and take specimens of signature and hand writing of a detenu.
Order 16 Correspondence and Censorship
(1) Detenus shall be allowed to write two and receive eight letters a week. The letters shall be limited to the members of the family of the detenus. The contents of the letter shall be limited to private matters and there shall be no reference to jail administration, discipline, other detenus or prisoners or politics. The Superintendent shall have the discretion to allow the detenus to send out special letters over this limit in case of absolute necessity up to two letters a week for each detenu.
(2) Correspondence on non domestic affairs shall be allowed by the Superintendent in consultation with the Commissioner of Police or Superintendent of Police, Intelligence, but if they disagree, the letter shall be forwarded to the Government for orders.
(3) Telegrams shall count as letters. All letters from detenus shall be written in Form B annexed to this order and shall not ordinarily exceed the prescribed length to be determined by the Superintendent, and detenus may, for this purpose, be supplied at the cost of the Government, with the necessary writing material.
(4) Detenus may, with the permission of the Superintendent, substitute a letter and reply for an interview or vice versa.
(5) Not more than one letter shall be enclosed in one envelop except with the permission of the Superintendent.
(6) Any letters or communications received for detenus which are clearly franked to indicate that they come from a Government office, excluding any local authority or body, shall be delivered to them and shall not be counted against the admissible number of letters received. All other letters to and from detenus shall be censored by the Superintendent and, subject to any orders of the Government, shall be submitted by the Superintendent direct to the Superintendent of Police of the District or in his absence to the Assistant or Deputy Superintendent of Police or other officer nominated by the Superintendent of Police, Intelligence, who may, at his discretion either forward the letters without delay or withhold them, if they are, in his opinion, likely to be detrimental to public interest or safety. The contents of all letters shall be limited to private matters. In cases of doubt, the Police Official referred to above shall refer the matter to the Superintendent of Police, Intelligence, or other officer designated by the Government in this behalf.
(7) As regards censorship of correspondence, there shall be a fairly liberal interpretation of the type of matter to be passed on to the detenus or communications from the detenus. A letter may be with held altogether rather than be mutilated beyond recognition.
(8) Every letter forwarded to or from a detenu shall be initialed and dated by the officer censoring the letter under sub clause (6).
(9) All letters, the despatch or delivery of which is with held under sub clause (7) shall be sent to the Superintendent of Police, Intelligence or other officer designated by the Government in this behalf, for retention or destruction at his discretion, and the fact of such with holding shall be intimated to the concerned detenu through the Superintendent. Any letter so with held but retained may be delivered to the detenu after release.
(10) 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 omit the same or mark it for omission and mention what has been done when forwarding such communication to the Superintendent of Police of the district or in his absence to the Assistant or Deputy Superintendent of Police or other officer nominated in this behalf. That authority may notwithstanding anything herein before contained, instead of with holding the delivery or despatch of a letter, despatch or deliver it after omitting any portion which in his opinion may be detrimental to public interest or safety or the discipline of the jail.
(11) The receipt and despatch of telegrams by detenus shall be subject to the same control as is hereinbefore provided for letters except that the number of telegrams which may be despatched by a detenu shall be within the discretion of the Superintendent. The cost of telegrams should ordinarily by borne be the detenus concerned.
(12) When a telegram is to or from any Government, it shall be forwarded direct, provided that the State Government shall always be the intermediary in correspondence with the Central Government or another State Government, and that the Superintendent has discretion to forward a petition submitted in telegraphic form by post instead of by telegram.
(13) Detenu shall, when sending letters or telegrams, specify the full name and address and relationship to the writer of the addressee, and of each person mentioned in the letter or telegram, in the case of the former on the detachable portion of Form B and in the case of the latter, on a separate slip. The detached portion of Form B or slip shall be sent to the Superintendent of Police, Intelligence, or to other officer designated by the Government in this behalf who, if he considers that the writer should not be allowed to correspond with the addressee, shall inform the Superintendent for his future guidance.
(14) In addition to the writing materials supplied under sub clause (3), a detenu who receives funds from outside may be allowed to purchase ordinary school exercise books for other writing purposes but the pages of such books shall be numbered and the detenu shall not destroy any such book or remove the pages thereof. The maximum number of exercise books with a detenu at any one time shall not exceed two. When he returns one note book, another may be issued to him.
Order 17 Communications between the presiding officers of Legislatures and Detenus
Communications between a detenu who is a member of Parliament or of the Legislature of a State, and the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha, or the Speaker of the Legislative Assembly of the State or the Chairman of a Committee of any of the Houses of Parliament or of the Legislature of the State, shall not be with held but shall be transmitted immediately to such detenu or the Presiding Officer, as the case may be. Any question, whether starred or unstarred, which a detenu wishes to ask in Parliament or the Legislature of the State shall also be transmitted to the Presiding Officer concerned immediately.
Order 18 Book and Newspapers
(1) Detenus shall be allowed such facilities in regard to library facilities and books as are enjoyed by Class I prisoners. Newspapers shall be supplied to the detenus at their cost.
(2) Detenus may receive through post any of the newspapers and periodicals approved in G.O.Ms.No. 1298, Home (Prisons B), dated the 6th July, 1963 subject to the condition laid down in sub clause (3) below.
(3) The books and periodicals shall be received through post and the postal articles containing the books and periodicals shall first be opened by the Superintendent or any person authorised by him for the purpose and the delivery of the books may be refused by the Superintendent if, in his opinion, the books and periodicals are not suitable. Detenus may also purchase any other book or periodical, provided it is not banned or prescribed by the Government.
(4) In addition to newspapers, periodicals and books, which may be received through post, any detenu who receives funds from outside may be allowed to purchase from such funds, either through post or otherwise newspapers, periodicals and books subject to the provisions of sub clauses (2) and (3).
(5) Friends and relatives may be permitted to send through post not more than twelve books to each detenu in a week and as many periodicals as desired by a detenu subject to strict censorship and subject to the provisions of sub clause (3) above.
Order 19 Withdrawal of Benefits
Notwithstanding anything contained in this order, it shall be open to the Government to direct that any particular detenu shall not be entitled, for such period as may be specified, to the benefits of interviews, correspondence, books, periodicals and newspapers allowed under paras 13, 16 and 18.
Order 20 Representation by Detenu
(1) The Superintendent shall forward, without delay, and with such observations as he may think fit, any representation which a detenu may submit to the Government. He may withhold any representation which contains any reference to other detenus or prisoners.
(2) All petitions from detenus addressed to courts shall be transmitted, with the utmost expedition direct to the court concerned forwarding copies. Thereof the Inspector General of Prisons, when a petition is addressed to the High Court, it shall be sent to the Registrar, High Court, Hyderabad in a sealed envelope a copy. of which shall be endorsed to the Inspector General of Prisons who shall forward a copy of such petition to the Government.
Order 21 Discipline
(1) A 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 area;
(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 call and answer to his name in person at such times and places within the jail as may be appointed by the Superintendent;
(v) shall whenever required, so to do by the Superintendent for Official purposes; appear before him or any other persons specified by him;
(vi) shall conform to the standards of cleanliness and dress laid down by the Superintendent;
(vii) shall not do anything wilfully with the object of affecting his own bodily welfare;
(viii) shall not have in his possession any coin, currency notes, or negotiable instruments, any weapons, sticks, razors, other than safety razors, pieces of iron or any other article which may be used as a weapon;
(ix) shall not exchange or sell any of his kit, equipment, clothes, furniture or other things supplied by or belonging to the Government;
(x) shall not refuse to take the diet prescribed by the Superintendent;
(2) The jail authorities shall not accept any responsibility for loss of jewels and other valuables unless they have been handed over to the Superintendent. If the detenus retain jewels and valuables with them, it shall be at their own risk.
Order 22 Punishment for Breaches of Disciplines
(1) Any detenu who contravenes any of the provisions of clause 16 (14) or Clause 21 refuses to obey any order issued thereunder, or who
(i) assaults, insults, threatens or obstructs any fellow detenu or any officer of the jail or any other Government servant or any person employed in or visiting the jail, or
(ii) is guilty of indecent, immoral or disorderly conduct, or
(iii) communicates or attempts to communicate with any person outside the jail in an unauthorised manner, or
(iv) bribes or attempts to bribe any Government servant or any person employed, in or visiting the jail, or
(v) commits any nuisance or wilfully befouls any well, latrine, washing or bathing place, or
(vi) disobeys the orders of any officer of the jail, or
(vii) wilfully damages any property belonging to the Government or tampers with any locks, lamps or lights in the jail, or
(viii) receives, possesses or transfers any article in contravention of an order of the Superintendent, or
(ix) wilfully brings false accussation against any officer of the jail, or fellow detenu, or
(x) 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 to or preparation for escape, and any attack or preparation for attack upon any officer of the jail, or
(xi) abets the commission by a fellow detenu of any of the foregoings acts, or
(xii) omits or refuses to help any officer of the jail in case of an attempted escape on the part of any of his fellow detenus or of any attack upon such officer or upon any of his fellow detenus, or
(xiii) refuses to get himself weighed when so required by the authorities concerned; Shall be deemed to be guilty of breach of discipline.
(2) If the Superintendent is satisfied that a detenu is guilty of breach of discipline, after such enquiry as he thinks fit, he may award the detenu one or more of the following punishments:
(a) confinement in cells for a period not exceeding fourteen days;
(b) cancellation or reduction for a period not exceeding one month of the concession of receiving funds from outside;
(c) cancellation or reduction for a period not exceeding one month of the concessions of writing and receiving letters or of receiving newspapers, periodicals and books;
(d) cancellation or reduction, for period not exceeding one month of the concession of having interviews.
(3) If any detenu is guilty of breach of discipline which by reason of his having frequently committed such breaches or otherwise, is in the opinion of the Superintendent not adequately punishable by him under the provisions of sub clause (2), he may, with the approval of the Government, forward such detenu to the court of a magistrate of the first class having jurisdiction and such magistrate shall, thereupon enquire into and try the charge so brought against the detenu, and upon conviction shall sentence him to imprisonment for a term not exceeding one year;
Provided that where the breach of discipline constitutes an offence punishable under the Indian Penal Code with imprisonment for a term exceeding one year nothing in this sub clause shall preclude the detenu from being tried and sentenced for such offence in accordance with the provisions of that Code.
Order 23 Enforcement of Orders
(1) The Superintendent may use or cause to be used such force as may, in his opinion be necessary to compel obedience on the part of any detenu to any lawful order issued by him.
(2) It is the duty of the Superintendent to do what he normally can, to keep the detenus in his charge in health and to save them from death. If on account of hunger strike, a detenu is likely to cause his own death, the Medical Officer, may, in his discretion at such stage as he thinks fit, direct that the detenu be forcibly fed if in his opinion it is the only means of keeping him alive. Forcible feeding should not be attended with unnecessary violence. Until, the stage at which forcible feeding is necessary is reached, food approved by Medical Officer shall be regularly placed at the side of the hunger striker, for his consumption and shall be renewed periodically.
Order 24 Removal of Detenus to Hospital
When the Superintendent is of opinion that a detenu shall be given special medical treatment in any hospital outside the jail, the detenu may, notwithstanding anything in the order of detention, be taken to such hospital or to the jail nearest to such hospital and detained there until in the opinion of the Medical Officer of the hospital, he is fit to return to jail. The Superintendent is permitted to use his discretion in instructing hospital authorities to provide for special wards of the lowest class. If the detenu so desires one or two friends or near relatives of the detenu may be allowed to attend on him during the period of his treatment in the hospital.
Order 25 Attendance in Court
(1) Whenever an order in the form set fort in the First Schedule or the Second Schedule to the Prisoners (Attendance in Courts) Act, 1955 (Central Act 32 of 1955) is received by the Superintendent for the production of a detenu before a court, the Superintendent shall send a copy of the order to the Chief Secretary to Government and act under Section 5 and 6 of the said Act, unless the Government make an order under Section 4 of the said Act directing that the detenu in respect of whom the order is received shall not be removed from the jail.
(2) Whenever detenus are taken to Delhi in connection with habeas corpus petitions before the Supreme Court of India, they shall, during their stay be kept in Jail specified by the Delhi Administration and be governed by the conditions specified therefor.
Order 26 Legal Advice
(1) Detenus shall be allowed all reasonable facilities to obtain legal Advice. Correspondence in regard to legal advice shall be treated as private matter. In addition to the interviews permissible under Clauses 13 and 14, a detenu may, with the permission of the Government interview his legal practitioner in connection with a pending or contemplated legal proceeding to which the detenu is or will be a party. The interview shall be with the legal practitioner only or with a specified member of a firm of legal practitioners and no other member of the firm shall be allowed to be present. Not more than one such interview shall ordinarily be allowed in connection with a contemplated legal proceeding before the proceeding is instituted. All such interviews shall take place on the premises in which the detenu is confined and shall be subject to such conditions and restrictions as the Superintendent may consider necessary to ensure security and prevent the passing of unauthorised communications unconnected with the case relating to which the interview is granted.
(2) In addition to the interviews permissible under sub clause (1) above and Clauses 13 and 14, a detenu shall be allowed, with the permission of the, Government, and interview with a legal practitioner or any other person of his choice for the purpose of drafting his representation against his detention.
Order 27 Exercise and Games
Detenu shall be allowed to have a walk inside the jail in the morning and in the evening where there are facilities to allow them to do so. Detenus shall also be permitted to play out door as well as indoor games, depending upon the fecilities available in the concerned jail. Sports material for such games shall be provided at the expense of the Government. Relatives and Friends, if permitted to do so by the Superintendent, may supply the detenus with sports material.
Order 28 Smoking by Detenus
Detenus shall be allowed to smoke or chew tobacco or do both at their own cost.
Order 29 Visits
(1) The Commissioner of City Police, Hyderabad, in the City of Hyderabad, and District Magistrate concerned outside the City shall visit the detenus in jails within their jurisdiction atleast once a month and submit a report to the Government on the detenus health, general bearing and comfort if they consider this necessary.
(2) The following official visitors may also visit detenus in jail within their respective jurisdictions:
(i) Sessions Judge;
(ii) Sub Divisional Magistrate;
(iii) The Director of Medical and Health Services, or his representative (for inspection of all matters relating to medical administration, health of detenus, sanitation, water supply and dietary).
(3) The Government may also appoint special non official visitors to the jails in the State where the detenus are detained. The other ordinary jail visitors shall not have access to the detenus.
Order 30 Railway Accommodation
Detenus shall be provided with Second Class Railway Warrant during the train journeys.
Order 31 Subsistence Allowance
Detenus shall be eligible to subsistence allowance at the rate applicable to Class I Prisoners.
Order 32 Miscellaneous
(1) All particulars relating to detenus shall be entered (without serial number) in the register of civil prisoners and all statistics of the detenus shall be shown separately in jail returns.
(2) If any doubt arises about the interpretation of these conditional or any matter not covered by this order, the provisions in the Jail Manuals shall apply.
(3) A detenu who is permitted by the detaining authority or the Superintendent of Police to execute power of Attorney, shall execute the same in the presence of the Superintendent.
(4) The Government may relax any of the conditions mentioned aforesaid or issue special orders in the case of any particular detenu or place of detention.
Order 33 Instructions to Jail Authorities
Such local instructions, as may be necessary for the guidance of the jail authorities, may be issued by the Inspector General of Prisons with the approval of the Government.
ANNEXURE 1 ANNEXURE
Form A FORM OF APPLICATION FOR INTERVIEW
FORM
FORM 'A'
( Clause 13 (5) )
FORM OF APPLICATION FOR INTERVIEW
1. Name of detenu to be interviewed:
2. Name of the applicant:
3. Relationship of the applicant to the detenu
to be interviewed:
4. Full address of the applicant:
5. Purpose for which the interview is desired:
6. Signature of the applicant:
7. Date:
8. Hour:
9. Place of detention:
Form B Form of Letter by Detenu
FORM
.
FORM 'B'
( Under Sub Clauses (3) and (13) of Clause 16)
Form of Letter by Detenu.
1. Full name of sender:
2. Full name, address and relationship of an addressee
and of other persons mentioned in the letter:
To be detached here.
Signature of Censoring Officer Date: ".............. Jail"
Name of Sender : |
