Jail Industries and Labour

JAIL MANUAL 2022

CHAPTER 36 JAIL INDUSTRIES AND LABOUR

जेल उद्योग और श्रम

827 Industries, Skill Development and Vocational Training

(a) The Director-General (Prisons) shall cause to establish industries and Prisoners’ Co-operative Societies in jails.

(b) Committee for Skill Development Programme and Vocational Training - "A Committee for Skill Development Programme and Vocational Trainng", under the chairmanship of Director General (Prisons), shall be set up at the Prison Headquarters. In addition to Chairman the committee shall consists of five members viz a representative of Government not below the rank of Joint Secretary, Additional Inspector General Prison (training at development), Director Jail Industries, a Senior Superintendent nominated by Director General (Prisons) and two persons from private industries having expert knowledge in this field nominated by Director General (Prisons). Function of the committee shall be to:

(i) plan and implement programmes of skill development and vocational training;

(ii) arrange funds required to run such programmes;

(iii) fix a policy of production;

(iv) examine the economic aspects of the skill development programmes;

(v) put prison skill development programmes on a sound commercial footing;

(vi) ensure coordination at all levels;

(vii) evaluate the performance of the skill development programme in each institution;

(viii) introduce practices and procedures of modern management of production;

(ix) guide, supervise, direct and control all matters relating to institutional skill development programmes and vocational training;

(c) Vocational training programmes, in self-employing trades and occupations, shall be organised in every central and district prison for employable convicts.

(i) Such programmes may be open to under-trial prisoners who volunteer to undergo such training after testing their vocational ability.

(ii) Wherever possible in larger prisons, an Industrial training Institute may be established and where it is not possible to establish one, the help of local Industrial Training Institutes could be obtained.

(iii) The prison may have adequate staff for efficient organisation of various training projects. It should be properly equipped with training aids and classrooms for conducting multifarious projects to suit the training needs of its inmates.

(iv) Special emphasis should be given to vocational training of young adult prisoner and others who may derive benefit from the training projects.

828 Labour for convict sentenced to rigorous imprisonment

The Superintendent shall provide labour of an industrial or non industrial type to every class of convicts sentenced to rigorous imprisonment under his care, keeping as far as possible, the following factors in view:

(a) the physical and mental fitness of a convict for a particular work;

(b) the previous education, training or experience of any industry, trade or family profession of the convict;

(c) convict’s aptitude or inclination for a particular work;

(d) rehabilitative prospects, viz., whether the convict can, on his release from jail be easily, employed on that particular work near about his village or District; and

(e) the convict is not sent to a jail far off from his home district for learning a trade or craft etc.

829 Jail Factories articles to be manufactured and factory rules

The jail factories shall manufacture articles for,-

(a) use in the jail department;

(b) use in Government departments; and

(c) sales to the public.

Rules regarding management of jail factories, the prices and the sales of manufactured goods will be found in Appendix-X

830 Centralization of industries

The Director General (Prisons) shall centralize in selected jails the industries connected with the manufacturing of articles required for use in jails.

831 Visits by officers of Industries Department

Officers of Industries Department such as Asisstant Commissioner and above may visit jail factories when on tour and record such remarks as they may think useful in the visitors book. They shall be afforded all reasonable facilities by the Superintendent.

832 Hiring out of convict labour

Hiring out the labour of convicts to private persons, contractors, firms and Government departments or agencies shall be allowed with the previous sanction of the Inspector-General.

833 Cotton fabric products to be washed and ironed

All kind of cotton fabric products shall be properly washed, bleached and ironed as may be necessary before being sent into stores.

834 Sale of jail manufactured goods

The Superintendent is responsible for making proper arrangements for sale of jail manufactured goods. Besides sending the goods to the Uttar Pradesh jail Depot, Lucknow, he may have a show-room near the jail gate and may also send out goods for sale in the market under the charge of a jail staff. He may also, with the previous permission of the Inspector-General, arrange for the display and sale of the jail-made goods at important fairs, exhibitions, etc.

835 Standardisation of Products

(i) Various products of prison industries shall be standardised. A handbook containing details of standardisation, and the manufacturing process of various production units, shall be prepared for the guidance of personnel.

(ii) Catalogues of standardised products of prison industries may be prepared for securing orders from the market for various production units.

(iii) Showrooms may be opened outside the prison gates, and at other places, for promoting sale of products of prison industry. A brochure should also be kept in which information is provided to the public about the products being sold along with their rates.

(iv) Suitable released convicts may be employed in show rooms and prison product outlets, as far as possible.

836 Employment on dangerous works

The Superintendent shall not employ any prisoner, without adequate safety equipment and information regarding necessary precautions against hazards on work which is likely to endanger life or limb.

Periodical medical examination of prisoners, working in production units having hazards of occupational diseases, should be carried out.

837 No work on holidays

On Sunday and on the following days, which shall be designated as jail holiday, no convict shall be required to perform any labour other than such as may be absolutely essential to enable the necessary jail services to be carried on-

1. Anniversary of the Independence Day

2. Anniversary of the Republic Day

3. Bara Wafat

4. Basant Panchami

5. Chehallum

6. Christmas Day

7. Dusshera

8. Diwali

9. Gandhi Jayanti

10. Good Friday

11. Holi

12. Id-ul-Fitr

13. Id-ul-Zuha

14. Janmashtami

15. Muharrum

16. Ram Navami

17. Shiva Ratri

18. Raksha Bandhan

838 Time-limit for convict labour

As required by section 35 of the Prisons Act, 1894 (Act no. IX of 1894), no convict shall be kept to labour for more than nine hours on any day, except on an emergency and with the written sanction of the Superintendent.

The time occupied in attending school or physical exercises shall be regarded as labour for the purpose of this rule.

839 Classification of labour

(a) The various forms of labour are classified as hard, medium and light.

The Superintendent shall employ every convict in accordance with the class of labour determined for him by the Medical Officer. The labour allotted on admission and subsequent changes of labour shall be recorded on the history-ticket under the initials of the Superintendent, who shall personally see the convict when allotting or changing any such labour.

(b) Before any convict pronounced fit for ‘’light’’ or ‘’medium’’ labour is allotted ‘’hard’’ labour, the Medical Officer shall examine him and record on his history-ticket a certificate of fitness for the class of labour to be allotted given in Appendix XII

840 Incentives for labours

(a) so far as possible the rates of incentives shall be standardised by the government from time to time;

(b) a portion of incentives payable to the convicts shall be deducted towards victim compensation fund and will be disbursed in accordance with rules mentioned in Appendix-XII;

(c) so for as possible the incentives should be deposited in the prisoner's saving bank account;

(d) a list of the various kinds of labour and incentives with their classification and the prescribed task for each are given in Appendix-XIII.

841 Hard labour

On admission every convict who is physically and mentally fit shall be put on hard labour. If he knows a trade carried out in the jail, he should be put on that trade at once to utilize any skill he may possess. Long term convicts shall after six months be put in factories to enable them to learn trades or professions.

842 Intramural and extramural labour

Labour in jail may be, -

(a) Intramural, e.g., within the outer walls;

Or

(b) Extramural, e.g., beyond the outer walls of the jail but not beyond the limits of the jail precincts.

843 Recess for convict’s on labour

(a) In the hot weather convict employed on extramural labour or in the open shall return to their barracks by 10.30 a.m. and resume work at 2.30 p.m. All other convict shall cease work at 11 a.m. and resume work at 2 p.m

(b) In the winter all convict shall cease work at 11 a.m. and resume it at 1 p.m.

(c) The Superintendent may change the working timings recording the reasons thereof.

844 Female prisoner not to be employed outside their enclosure

No female prisoner shall on any pretence be employed on any work outside the enclosure specially reserved for them.

845 Training and skill development programmes

(a) The executive and supervisory personnel should be given training in modern methods of management.

(b) Prison skill development programmes shall consist of services required by the community such as construction work, masonry, carpentry, plumbing, electric fitting, tailoring, fabrication of ready-made garments, leather work, prison servicing, agriculture, horticulture, dairy, poultry, floriculture, maintenance of diesel engines, maintenance of electric pumps, tractor repairing, automobile servicing and repairing, cane work, basket making, pottery, book binding, typing, computer-operating, handicrafts, stenography, cloth printing, embroidery, hosiery, bakery, namkeen making, paper making, printing, weaving, soap making, candle making, toy making, sewing machine repair, food processing, etc.

(c) The officer in-charge of the factory along with the instructor concerned shall keep suitable convicts under training in all forms of skilled labour in order to replace artisan convicts on release. The proportion of such convict shall not be less than 70 percent in each department of the factory.

(d) In central prisons an additional 20 percent of such convict shall be trained as are well conducted and are eligible for transfer to other jails on the termination of the period of training.

(e) When an artisan convict is transferred the Jailor of the transferring jail shall certify on the history-ticket of the convict transferred that he is thoroughly conversant with the work for which he is being transferred. Such convict shall not ordinarily be transferred to the jails in the districts of their residence and care shall be taken that convict imprisoned in the same case are not sent to one and the same jail.

846 Task board

When a gang of convict is employed on any particular work a task board shall be prominently displayed. On these boards shall be written in chalk the prescribed task so that it may be at once apparent to the Superintendent, visitors etc.

847 Checking of work

(a) The Jailor or other officer-in-charge of a work gang shall every evening check the quality of the work of the convicts and shall see that all convicts perform their allotted tasks, noting the work done on the prescribed labour tickets. The action taken on short or bad work shall be noted on the labour tickets.

(b) In all tasked labour due allowance shall be made for beginners. Convicts shall be gradually worked up to a full task which should normally be possible within a month or so.

848 Checking tools

The officer-in-charge alongwith the instructor in concerned trade should check all tools and equipment every evening and cause them to be collected and stored in a place of security and enter in the list, the number of tools and equipment so stored. The instructor shall be responisible for securiy and up-keep of tools and equipment.

849 Prisoners who are not to be employed for certain work

No convicts convicted of forgery, or sodomy shall be employed in prison offices. The Superintendent may, when there is special necessity for it, sanction the employment of a literate prisoner in the clerical work which have no connection with the confidential and classified documents.

850 Proportion of prison servants and hospital attendants

The proportion of prison servants and hospital attendants shall not ordinarily exceed 10 percent of the jail population.

Prison servants are the prisoners who are employed in works of jail routine excluding those working in jail industries, jail garden, kitchen and as convict officers.

851 Precautions in employment of convicts on labour

(a) Convicts below 45 kg. in weight or above 60 years in age shall not be employed on hard labour.

(b) Prisoners who are suspected of escape or suicide or confined in prison for more than once, shall not be employed on labour near mainwall and maingate or on such works where articles are available likely to facilitate for escape and suicide.

852 Extramural labour

No convict or gang of convicts shall be employed extramurally beyond the limits of the jail precincts without the sanction of the Director General (Prisons).

853 Specification of extramural labour

Convicts on extramural labour shall be employed solely for official purposes and on the following kinds of labour:

1. work in jail gardens and farms;

2. building repairs and alterations of the quarters of the jail officers, of roads and of other works;

3. other miscellaneous work.

854 Convicts who are not to be employed on extramural labour

The below mentioned classes of convicts shall not be employed on extramural labour,-

(a) dacoits including person previously convicted for dacoity;

(b) convicts who have previously escaped or have attempted to escape from lawful custody;

(c) prisoners, convicted for poisoning;

(d) habitual convicts in the professional sub-category who are specially dangerous or who have been convicted of organized crime;

(e) resident of foreign territory;

(f) convicts who have any other charge pending against them or those for whom an order of surveillance under section 356 of the Code of Criminal Procedure 1973, has been passed;

(g) convicts who have no fixed place of residence or are of a bad or dangerous character;

(h) military deserters.

855 Convicts who may be employed on extramural labour

Subject to the provisions of the above rule the following convicts may be employed on extramural labour with the sanction of the Superintendent:-

(a) convicts sentenced up to six months imprisonment or less who have completed one-third of their term;

(b) convicts sentenced to imprisonment for more than six months but not more than a year, who have completed one fourth part of their sentence (minimum two months);

(c) convicts sentenced to imprisonment for more than a year but not more than five years, who have completed one-half of their sentences;

(d) convicts sentenced to imprisonment for more than five years but not more than ten years, who have completed two-third of their sentence.

(e) Casual convicts sentenced to imprisonment for life who have good family ties; have completed 10 years of sentence; are not below the age of 40 years; and having no prison punishment including formal warning.

Note:

1. In calculating the period of eligibility the period undergone as an undertrial prisoner and remission earned shall be taken into account.

2. Clause (a) above shall not apply to prisoners who have been convicted under the Indian Railway Act and have been sentenced to imprisonment not exceeding one month. Such prisoners may be employed on outdoor when necessary.

856 Certificate of fitness for extramural labour

Before any convict is employed on extramural work, the Jailor shall certify on his history-ticket, after examining the conviction warrant that he is fit for extramural employment under the rules contained in this Chapter.

857 Sanction for employment on extramural labour

The convict shall then be brought up before the Superintendent who shall, after satisfying himself that the convict is eligible for such employment and that there is nothing in his previous conduct to indicate that it would be imprudent to trust outside, sanction his extramural employment. If the convict has not completed the prescribed period of his sentence he shall not be employed extramurally without the previous sanction of the Inspector-General.

858 Employment of convicts or convict officers in private capacity or domestic work

(a) The Superintendent shall not permit any convicts or convict officers to be employed in any private capacity either for himself or for any other person.

(b) The employment of convicts as house servants of any description is strictly prohibited. Any officer who willfully disregards these rules will render himself liable to dismissal.

859 Temporary warder not to be placed in charge of out gangs

A warder on the temporary list shall not ordinarily be placed in charge of a gang of convicts working outside the jail walls but may be employed to assist a permanent hand.

860 Convict overseers to assist warder in charge of out gangs

There shall be at least one convict overseer in every extramural gang to assist the warder. No extramural gang shall consist of more than twelve convicts under one warder, and if the number of convicts exceeds seven, this number shall include two convict overseers. The convict officers shall be equally responsible with the warder for the safe custody of the convicts of the gang.

861 Duties of warder staff in charge of extramural gangs

(a) A head warder or warder shall be appointed as in-charge of extramural gang. The warders, may be posted so as to form a ring around the prisoners at work beyond which none of the prisoners shall be allowed to move. They shall be responsible for the general arrangements for the custody of the prisoners and for carrying out work in safety. Arrangements for supplying drinking water to prisoners shall be made within the ring of warders.

(b) Every warder shall keep gang of prisoners well in view at all times. On no pretence whatsoever shall a prisoner be allowed to straggle away from his gang.

(c) If any prisoner declares urgency, the gang shall be marched to the nearest urinal or latrine. A prisoner shall not be allowed to separate himself from his gang for this purpose. If there is no latrine outside the jail walls where he can be properly watched, the whole gang shall be marched to the interior of the jail. No prisoners or any other person shall be permitted to urinate or answer the call of nature in the open or in the drains on the jail grounds.

(d) Each gang shall be employed on one form of labour only.

862 Surprise visits to out gangs

Jailor and an officer nominated by the Superintendent for the purpose shall pay surprise visits to the out gangs daily and satisfy himself that the rules are duly complied with and shall record the fact in his report-book. The Superintendent shall pay surprise visits to the out gangs at least once a week and satisfy himself that the rules are duly complied with and shall record the fact in his order-book.

863 Forms and registers for account of incentives

The forms and rules relating to incentive for work of prisoners are prescribed in Appendix- XIII.

(पुराना अध्याय)

CHAPTER XXXIII

Jail Industries and Labour

875. Labour for convict sentenced to rigorous imprisonment

The Superintendent shall provide labour of an industrial and non-industrial type to every class of convicts sentenced to rigorous imprisonment under his care, keeping as far as possible, the following factors in view:

(a) the physical and mental fitness of a convict for a particular work,

(b) the previous training or experience of any industry, trade or family profession of the convicts,

(c) convict’s aptitude or inclination for a particular work,

(d) rehabilitative prospects, viz. whether the convict can, on his release from jail be easily, employed on that particular work near about his village or district, and

(e) the prisoner is not sent to a jail far off his home district for learning a trade or craft etc.

            In selecting convicts for industrial type of labour, convict having a two year’s sentence and belonging to the age group between 22 to 40 years should, as far as possible, be selected, however, being given to those belonging to the age group between 22 to 30 years.

876. Articles to be manufactured in jail factories

The jail factories shall manufacture articles for –

(a) use in the jail department;

(b) use in Government departments; and

(c) sales to the public.

877. Centralization of industries

The Inspector General shall centralize in selected jails the industries connected with the manufacturing of articles required for use of the convicts.

878. Visits by officers of Industries Department

Officer of the Industries Department may visit jail factories when on tour and record such remarks as they may think useful in visitors book. They shall be afforded all reasonable facilities by the Superintendents.

879. Rules regarding management of jail factories etc.

Rules regarding the management of jail factories the prices and the sales of manufactured goods will be found in Appendix G.

APPENDIX – G

1. The arrangement of jail factories is governed by the following rules:

(1) No work shall be started in a factory unless an order has been previously registered. This also applies to goods required for stock or made from materials produced in the Jail e.g. wood trees on jail grounds.

(2) When the Superintendent has booked a large order for goods he shall release it to the factory shops in parts so that the work may be executed within a reasonable time which shall not ordinarily exceed three months.

Large orders for goods which are meant only for stock shall not be booked.

(3) Purchase of all materials, shall be controlled by the Inspector General acting on the advice of the Stores Purchase Officer. The Superintendents shall purchase locally the materials for which no arrangements on a State basis have been made.

(4) Suppliers shall be required to present, along with the materials supplied, an invoice in duplicate in the prescribed form giving the number or weight of the materials and the rates. The original invoice bearing the supplier’s signature shall be retained in the jail office, and the duplicate shall be returned to the supplier after being by way of receipt by the officer concerned.

(5) The full market value shall be recorded in factory registers of the materials received from other departments.

(6) Except with the special permission of the Inspector General, work on the wages system shall not be permitted in the jails. When any work on this system is accepted for a Government i.e. when materials are supplied by other department and jail charges for the cost of labour only, the quality of materials received shall be entered in the appropriate register on separate pages, the column of prices shall be left blank. In the books of factories also full details as the disposal of materials shall be shown on a separate page marked “work on wages”

(7) The Superintendent may with the permission of the Inspector General accept orders from contractors on price-price system, i.e. when the contractor supplies the raw materials and pays wages for the manufactured articles by the piece.

(8) Materials shall be indented for from the store-keeper to meet immediate requirements and in no case for more than one week’s consumption. The accumulation of materials of materials in factories in prohibited.

(9) The losses actually incurred in the process of manufactures shall be charged in the factory registers and whenever this loss is in excess of the scales laid down in the schedule of losses the sanction of the Superintendent shall be obtained in writing.

(10) Executive Officers in central prisons and jailors or Deputy Jailors in charge of manufacturing departments. As far as possible, the distribution of factory work and registers shall be so arrange that the registers connected with the manufacturing department are not maintain by the officers in charge of the stores.

(11) The Office Jailor in Central Prisons and the Jailor in District Jails verify by actual weighment the weight of all manufactured goods sent from the factories to store and shall be responsible for the accuracy of the entries in the register of goods sent into stores.

(11A) The Office Jailor in Central Prisons and the Jailor in District Jails, shall see that the store keeper signed in column 8 and 13 of the Factory Form No. 34 after each article passed at the Dakhala, for taking into store, and that the factory officer signs column 16 for every article found defective at the dakhla, and returned to him.

(12) For articles made for use in the jail department no credit for wages and profits shall be taken in the factory accounts. Credit shall be taken only for the price of materials including loss and other incidental charges actually incurred in the process of manufacture.

This rules shall also apply to expenditure debitable to jail building grants.

The sale price of the articles supplied to the jails in other States shall be calculated at the rates fixed for other Government Departments.

(13) To enable the jail authorities to determine the sale price, each jail factory shall maintain a book of estimates in which it shall record in case of each kind of manufactured goods, full details as to –

(a) the price of materials (this means the price prevalent in the market at the time);

(b) the estimated cost of wages;

(c) a percentage of the wear and tear of tools and a percentage of profits calculated on the total of (a).

In the column “estimated cost of wages the wages”, usually charged by free labour for the same kind of work shall be entered, and not the wages of convicts employed, calculated at an arbitrarily, fixed daily rate. In other words prison labour shall be assessed on the basis of the actual outturn in terms of the market value of free labour. For instance, in fixing he price of cloth the ordinary wages of  a free weaver for weaving a given quantity of yarn into cloth should be ascertained from the local mark, tehsil or the Director of Industries, Uttar Pradesh, and entered as the cost of wages, without reference to the actual number of convicts or their daily task.

Profit shall be calculated at the rate of 12 ½ percent. Departments of the Uttar Pradesh Government shall be allow a discount of 6 ¼ percent or six percent in the rupee on the retail price and those of the Central Government and other State Government a discount of four paise in the rupee. In the case of big orders from public, including whole sale or retail dealers, a discount up to 6 ¼ percent, may be allowed at the discretion of the Inspector General on orders worth Rs. 500 or over for one kind or class of articles.

(14) The prices fixed shall be subject to the following conditions namely:

(a) for manufactured goods for Government departments the price shall in no case be higher than the market price;

(b) for goods for sale to the public the price shall in no case be lower than the market price of articles of similar quantity.

Provided that the Inspector General may standardize the designs and sizes of woolen and cotton fabrics and other goods manufactured in jail factories and may fix the rate at which such articles shall be sold throughout the State.

(15) Every jail factory shall maintain a price list based on the book of estimate. It will be prepared on 1st April of each year and revised as often as may be necessary. But if the variation in the price of an article is less than six paise in the rupee the price fixed shall not be revised until 1st April of the following year.

(16) When the price of any article of any article is revised it shall also apply to existing stock of goods although the materials used may have been purchased at cheaper of dearer rates.

(17) The prices of articles for which raw materials are purchased on a State basis shall be the same for all jails as far as possible.

The prices of articles whose designs and manufacturing details can be standardized, shall be worked out by the District of Jail Industries and circulated to the jails for adoption.

(18) Large orders from the public which cannot be completed within three months should always be booked with the proviso that the price fixed shall remain in force for a period not exceeding three months and that the price of the supplies which shall be made after that period shall be liable to revision, if found necessary.

(19) Before the end of April every year, the Superintendent shall send to the Director of Jail Industries a list of articles which have been lying in stock for more than two years with such recommendations for reduction in rates as he may consider necessary in order to clear the stock.

(20) The price of finished articles which have been damaged in the process manufacture shall be fixed by the Superintendent with due regard to the extent of damage and a note of the circumstances under which the price has been reduced shall be made by him in the stock-book in his own hand.

(21) The Superintendent may reduce the price of any goods or class of goods on stock when this becomes necessary owing to fall in the market rate or in order to clear the stock or for any other reason after obtaining the approval of the Director of Jail Industries.

(22) The Superintendent shall record a note in the day-book of sales when he sanctions the sale of any goods at a rate lower than that laid down in the price list.

(23) An advance of at least 25 percent of the price shall be taken from all customers before any order exceeding Rs. 100 in value is undertaken.

(24)

880. Hiring out of convict labour

Hiring out the labour of convicts to the private persons contractors firms shall not ordinarily be allowed. The hiring out of labour to a Government such as the Government Press or the Public Works Department shall only be permitted with the previous sanction of the Inspector General.

881. Sale of jail manufactured goods

The Superintendent is responsible for making proper arrangements for sale of jail manufactured goods. Besides sending the goods to the Uttar Pradesh Jails Depot, Lucknow, he may have a show-room near the jail gate and may also send out goods for sale to the bazar or the civil lines under the charge of a jail warder. He may also with the previous permission of the Inspector General, arrange for the display and sale of the jail made goods at important fairs, exhibitions etc.

882. Use for white metal prohibited

(a) No white metal, such as silver, tin, lead or solder shall be allowed inside any jail and no manufacture involving the use of such articles shall be carried out in jail. Any repairs etc. requiring the use of solder shall be done by outside labour (outside the jail) and paid for.

(b) In the central prisons at Varanasi and Naini range may be used in the manufacture of brass utensils, repairs of brass vessels, soldering of stoppers of tins etc. and in the Central Prison, Fatehgarh, range may be used for soldering G.I. slides for the manufacture of tins. The work shall be done under the personal supervision of the Deputy Superintendent who will be responsible for the safe custody and proper use of the materials.

883. Cotton fabrics to be washed and bleached

All kinds of cotton fabrics e.g. towels, garha, dosuit newar, durries etc. shall be properly washed, bleached, ironed as may be necessary before being sent into stores.

884. Employment in dangerous works

The Superintendent shall not employ convicts on work which is likely to endanger life or limb.

885. No work on holidays

On Sundays and on the following days, which shall be designated as jail holidays, no convict shall be required to perform any labour other than such as may be absolutely essential to enable the necessary jail services to be carried on:

889. Hard labour

On admission every convict who is physically and mentally fit shall be put on hard labour such as grinding grain or pounding aloe or moonj. If he knows a trade carried out in the jail, he should be put on that trade at once to utilize any skill he may possess. Long term convicts shall after six months be put in factories to enable them to learn trades or professions.

890. Intramural and Extramural labour

Labour in jail may be –

(a) Intramural, e.g. within the outer walls, or

(b) Extramural, e.g. beyond the outer walls of the jail but not beyond the limits of the jail precincts.

891. Recess for convict’s on labour

(a) In the hot weather convict employed on extramural labour in the open shall return to their barracks by 10-30 a.m. and resume work at 2-30 p.m. All other convicts shall cease work at 11 a.m. and resume work at 2 p.m.

(b) In the winter all convicts shall cease work at 11 a.m. and resume it at 1 p.m.

892. Female convicts not to be employed outside their enclosure

No female convicts shall on any pretence be employed on any work outside in enclosure specially reserved for them.

893. Training in skill labour

(a) The Jailor shall keep suitable convicts under training in all forms of skilled labour in order to replace artisan convicts on release. The proportion of such convicts shall not be less than 70 percent in each department of the factory.

(b) In central prisons and first class District Jails an additional 20 percent of such convicts shall be trained as are well conducted and are eligible for transfer to smaller jails on the termination of the period of training.

(c) When an artisan convict is transferred the Deputy Superintendent or circle officer or jailor, as the case may be, of the transferring jail shall certify on the history ticket of the convict transferred that he is thoroughly conversant with the work for which he is being transferred. Such convicts shall not ordinarily be transferred to the jails in the districts of their residence and care shall be taken that convicts imprisoned in the same case are not sent to one and the same jail.

894. Task board

When a gang of convicts is employed on any particular work a task board shall be prominently displayed. These task boards shall be 2 feet by 1 feet in size and painted black. On these boards shall be written in chalk the prescribed task so that it may be at once apparent to the Superintendent, visitors etc.

895. Checking of work

(a) The Jailor or other officer-in-charge of a work gang shall every evening check the quality of the work of the convicts and hall see that all convicts perform their allotted tasks, noting the work done on the prescribe labour tickets. The action taken on short or bad work shall be noted on the labour ticket.

(b) In all tasked labour due allowance shall be made for beginners. Convicts shall be gradually worked up to a full task which should normally be possible within a month or so.

896. Checking of tools

(a) The Jailor or the other officer-in-charge of a factory should check all tools every evening and cause them to be collected and stored in a place of security and enter in the tools list the number of tools so stored.

(b) Warder in charge of workshops and factories shall be responsible for the tools and other properties kept therein.

897. Convicts who are not to be employed on certain work

Literate convicts do not employed on the jail office. No convicts convicted for forgery shall be employed in a printing press or entrusted with the care of history tickets, barrack lists, etc.

898. Proportion of prison servants and hospital attendants

The proportion of prison servants and hospital attendants shall not ordinarily exceed 10 percent of the jail population.

Note – The above restrictions shall not apply to the tuberculosis jail at Sultanpur.

899. Restrictions in employment of convicts on labour

(a) Convicts below 100 lb. in weight shall not be employed on grinding corn.

(b) Convicts shall not be employed on grinding corn for more than three months at a stretch. They may be re-employed on mills after an interval of three months if this is absolutely necessary, but except by way of punishment not any shorter interval. Convicts working on aloe or moonj pounding shall be transferred to a higher task or industrial labour after three months.

(c) Convicts shall not be employed singly on mills.

(d) No convict shall put a garra as a form of jail labour.

(e) Lubricating caster oil, at the rate of 1/12th chhatak per man per diem may be issued for rubbing on their hands and arms to all convicts working on aloe pounding as a precaution against dermatitis.

900. Extramural labour

No convict or gang of convict shall be employed extramurally beyond the limits of the jail precincts without the sanction of the Inspector General.

901. Specification of Extramural labour

Convicts on extramural labour shall be employed solely for jail purposes and on the following kinds of labour:

(1) brick and tile making;

(2) work in jail gardens and farms;

(3) building, repairs and alterations of the quarters of the jail officers, of roads and of other works;

(4) trenching night-soil removed from the jail.

902. Convicts who are not to be employed on Extramural labour

The undermentioned classes of convicts shall not be employed on extramural labour:

(1) convicts under sentence of imprisonment for terms exceeding seven years;

(2) convicts belonging to any of the following classes;

            (a) dacoits including person previously convicted for dacoity;

(b) convicts who have previously escaped or have attempted to escape from lawful custody;

(c) prisoners;

(d) habitual convicts in the professional sub-cast-gory who are specially dangerous or who have been convicted or organized crime;

(e) resident of foreign territory;

(f) convicts who have any other charge or charges pending against them or those for whom an order of surveillance under section 565new 356 of 1973 Criminal Procedure Code, 1898, has been passed.

(g) convicts who have no fixed place of residence or are of a bad or dangerous character;

(h) convicts whose cases the sentence of whipping remains to be executed;

(i) military deserters.

Note – When in compliance with requisitions for extramural labour transfer rolls are submitted to the Inspector General, a note shall be made against the name of the convicts imprisoned under section 109 Criminal Procedure Code, 1975 whether they are “P.R.” (police registered).

903. Convicts who may be employed on Extramural labour

Subject to the provisions of the above rule the following convicts may be employed on extramural labour with the sanction of the Superintendent:

(a) Convicts sentenced up to six months imprisonment or less who have completed one third of their term;

(b) Convicts sentenced to imprisonment for more than six months but not more than a year, who have completed one fourth part of their sentence (minimum two months);

(c) Convicts sentenced to imprisonment for more than a year but not more than three years, who have completed one half of their sentences;

(d) Convicts sentenced to imprisonment for more than three years but not more than seven years, who have not more than a year and a half to serve.

Note –

(1) In calculating the period of eligibility, the remission earned shall be taken into account.

(2) Clause (a) above shall not apply to prisoners who have been convicted under the Indian Railways Act and have been sentenced to imprisonment not exceeding one month. Such prisoners may be employed on outdoor labour when necessary.

904. Certificate of Extramural labour

Before any convict is employed on extramural work, the Jailor shall certified on his history ticket, after examining the conviction warrant that he is fit for extramural employment under the rules contained in this Chapter.

905. Sanction for employment on Extramural labour

The convict shall then be brought up before the Superintendent who shall, after satisfying himself that the convict is eligible for such employment and that there is nothing in his previous conduct to indicate that it would be imprudent to trust outside, sanction his extramural employment. If the convict has not completed the prescribed period of his sentence he shall not be employed extramurally without the previous sanction of the Inspector General.

906. Ankle ring for convicts employed outside the jail

907. Employment of convicts, or convict officers in private capacity

The Superintendent shall not permit any convicts or convict officers to be employed in any private capacity either for himself or for any other person.

908. Employment on domestic duties

All officers are prohibited from employing convicts in attending to animals which do not belong to Government. The employment of convicts as house servants of any description is strictly prohibited. Any officer who willfully disregards these rules will render himself liable to dismissal.

909. Temporary warder not to be placed in charge of out gangs

910. Convict overseers to assist warder in charge of out gangs

There shall be at least one convict overseer in every extramural gang to assist the paid warder. No extramural gang shall consist of more than twelve convicts under one warder, and if the number of convicts exceeds seven, this number shall include two convict overseers. The convict officers shall be equally responsible with the warder for the safe custody of the convicts of the gang.

911. Duties of warders in charge of extramural gangs

(a) Every warder in charge of an extramural gang shall keep his convicts well in view at all times. On no pretence whatever is a convict is allowed to straggle away from his gang.

(b) If any convict declares urgency, the gang shall be marched to the nearest urinal or latrine. A convict shall not be allowed to separate himself from his gang for this purpose. If there is no latrine outside the jail walls where he can be properly watched, the whole gang shall be marched to the interior of the jail. No prisoners or any other person shall be permitted to urinate or answer the call of nature in the open or in the drains on the jail grounds.

912. Posting of head warder when the number of extramural gang is large

When the number of convicts in an extramural gang is large on several gangs are working at one place or closely a head warder shall be appointed, in addition to the warders in charge, and he shall be responsible for the general arrangement for the custody of the convicts and for carrying on the work in safety. The warders, or as many of them as are considered necessary, shall be posted so as to form a ring around the convicts at work, beyond which none of them shall be allowed to go. Arrangement for supplying water to convicts, as well as for a latrine, shall be made within the ring of sentries.

913. Surprise visits to out-gang by Superintendent

The Superintendent shall pay surprise visits to the out gangs at least once a month and satisfy himself that the rules are duly complied with and shall record the fact in his order book.

914. Forms and registers for account of wages

The Inspector General shall prescribed the forms and registers for maintaining the account of wages earned and may frame subsidiary rules not inconsistent with those instructions to carry out the scheme. The minimum daily tasks will be exhibited on the task boards in factories and a copy of the rules for the “Wages Earning Scheme” shall be hung up in the factory or workshop and in jail office.

914-A.

The Superintendent may award monetary remuneration or wages, as the case may be, to convicts employed on such industries for which a scheme for the award of some kind of monetary remuneration or wages has been sanctioned by Government. Where no rates have been fixed by Government the award may be made at the rates approved by the Inspector General.