Bare ActsThe ASSAM PRISONS ACT, 2013

Section 37

(1) No

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(1) No .inmate shall be subjected to any measure of i ' ,. l. restraint to curtail substantially his limited liberty within the prison, or while in transit, ex¢ept as provided in this Act or rules made thereunder. (2) Under exceptional circumstances where, with reference to the state Of the prison or the character of any inmate or both, the Superintendent considers it necessary for the safe custody of such inmate, or for ·the safety of the· Inmate himself or of any other inmate, that such inm~te should be subjected to physica• restraint, he may, for reasons to be recorded in writing and subject to rules made under this Act in this behalf, -- 'i (a) confine the inmate in a cell or rqom apart from ; - . ' \ other inmates subject to the: conditions that he . ~hall not be secluded from communication with, and sight of, other inmates, or, unless special circumstances exist, be. debarred fro~ having his meals in association of one or more other . ;. inmat~s; or (b) confine the inmate in chain fetters of such description as may be prescribed by rules made under this Act : Provided that - (i) no inmate shall be confined in chain fetters under this sub-section unless prior permission of a Court having jurisdiction .. is obtained for confining the inmate in Chain fetters for reasons as aforesaid; (ii} no chain fetters shall be imposed on any fe.male inmate, civil inmate ot detenu; ·' (iii) no kind of fetters other than chain fetters shall be -imposed on any inmate under this sub- (iv) section; ., both the measures of restraint mentioned at . ... . - ! • clauses (a) and (b) of this sub-section shall not be imposed on any inmate at the same time. (3) The Superintendent shall review his order undeJ · sub-section (2) at intervals of not more than. one month, and sh~ll by order withdraw · the measure of restraint whenever he is of opinion that this can be d.one with safety or on the recommendation of the Me.dicai c;>fficer at any time on the grounds that its continuance is injurious to the .• ·i• health of the inmate : .. , " • ~ ' : I ' Provided that the continuance of any measure of restraint imposed under sub-sectiqn (2) for a period exceeding three months shall be subject to prior approval of the Inspector General. (4) While escorting an inmate from one prison to another, or from a prison to court or hospital or any· other place and back, no handcuff shall be ir_nposed on him unless· prior permission of a Court having jurisdiction is obtained for imposing handcuffs on him while being escorted as aforesaid. Extramural .38. . An inmate when being taken to or from any prison in :~:t:~~trol which he may be lawfully detained, or when tle is working of Inmates outside .. or is otherwise beyond the limits of any such prison, in or under the lawful custody or control of an officer of such prison, shall be deer'l"Jed to be in prison ·and shall be subject to all the same inci.dents as if he were actually in prison. __ j . :', ~ ·-~~ ... ·THE ASSAM GAZEITE, EXTRAORDINARY, MAY 30, 2013 1383 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~----'- Discharge of inmates

Section 37 – The ASSAM PRISONS ACT, 2013 | DailyLaw.ai