Amendment status not verified — confirm the current text below against the official source.
(1) In these rules, unless the context otherwise requires, - (i) “Act” means the Prisons Act, 1894(Central Act 9 of 1894); (ii) “Additional Director General” means Additional Director General of Prisons; (iii) “Additional Inspector General” means Additional Inspector General of Prisons; (iv) “adolescent prisoner” means a prisoner who has not attained the age of twenty-one years; (v) “adult prisoner” means a prisoner who is of the age of twenty-one years or above; (vi) “aftercare service” means any activity aimed at financial rehabilitation and social integration of released prisoners into the mainstream of society; (vii) “approved means of communication” means postal services, electronic means of communication or any other means of communication as approved by the Government from time to time; (viii) “biometrics” means any measurement or human body characteristics, such as DNA, fingerprints, eye-retina or iris, voice pattern or limb measurements by which a human being may be uniquely identified; (ix) “casual prisoner” means a prisoner other than a habitual offender and high-risk prisoner; (x) “cellular confinement” means such confinement, with or without labour, as entirely secludes a prisoner from communication with but not from sight of other inmates; (xi) “central prison” means a prison designated as such by the Government by notification in the Official Gazette; (xii) “Chief Probation and Welfare Officer” means an officer of the rank of Superintendent appointed by the Government as Chief Probation and Welfare Officer; (xiii) “civil prisoner” means any prisoner who is not committed to custody under a writ, warrant, or order of any court or authority exercising criminal jurisdiction, or by order of a Court-martial and who is not a detenue; HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) 1201 (xiv) “compartment” means any room, workshop, godown or other covered, enclosed and protected place in a prison, other than a cell or ward; (xv) “competent authority” means an officer or authority having jurisdiction and legal authority to deal with a particular matter in question; (xvi) “confinement” means confinement in a prison and includes detention therein under any law providing for preventive detention; (xvii) “convict” means any prisoner who has been sentenced for any term by a Court of law or tribunal or under Court-martial; (xviii) “convicted criminal prisoner” means any criminal prisoner under sentence of a Court or Court-martial, and includes a person detained in prison under the provisions of Chapter VIII of the Code of Criminal Procedure, 1973(Central Act 2 of 1974) or under the Prisoners Act, 1900 (Central Act 3 of 1900); (xix) “convict officer” means a prisoner appointed to assist the staff members in the administration of the prison under Chapter 35 of these rules; (xx) “correctional services”means any service that is provided pursuant to the Act, or under a program established pursuant to the Act, and includes services related to the assessment, supervision, treatment, training, control, custody, reformation, and rehabilitation of offenders; (xxi) “Court” means a Court established by any law for the time being in force and includes any officer or authority vested with the powers or exercising civil, preventive criminal or revenue jurisdiction under any law for the time being in force; (xxii) “criminal prisoner” means any prisoner duly committed to custody under the writ, warrant or orders of any court exercising criminal jurisdiction or Court-martial; (xxiii) “Deputy Superintendent Jail (Administration)” means agazetted officer designated as such by the Government; (xxiv) “Deputy Superintendent Jail (Industries and Welfare)” means a gazetted officer designated as such by the Government; (xxv) “Deputy Superintendent Jail (Security)” means a gazette officer designated as such by the Government; (xxvi) “Department “means the Jails Department, Haryana; (xxvii) “Deputy Inspector General” means Deputy Inspector General of Prisons; (xxviii) “detenue” means any person detained in a prison on the orders of the competent authority under the relevant preventive laws; (xxix) “Director General” means the Director General of Prisons; (xxx) “District Prison” means any prison to which prisoners from one or more districts are ordinarily committed and includes every prison other than a Central Prison, maximum security prison, Special Prison, Sub Prison, Open Air Prison or Semi-Open Air Prison; (xxxi) “District Probation Officer” means the District Probation Officer appointed by the Government under the Probation of Offenders Act, 1958 (Central Act 20 of 1958); (xxxii) “duty officer” means an officer not below the rank of Head Warder assigned by the Superintendent to be the executive in- charge of the main gate, to supervise the guarding personnel and deal with any emergent situation; (xxxiii) “executive in-charge” means an officer, not below the rank of Head Warder assigned by the Superintendent to be the executive in- charge of any ward, barrack, enclosure, or any other area of the prison; 1202 HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) (xxxiv) “family” means the spouse, children, sibling, parents, grand parents, or grand children of the prisoner; (xxxv) “foreign prisoner” means a prisoner who is not a citizen of India; (xxxvi) “furlough” means temporary release from custody of a convicted prisoner on account of good behavior over a period of time as specified by the relevant Act, rules, or instructions. (xxxvii) “gangster” means an individual, committing an activity prohibited by law, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or other unlawful means, to gain pecuniary benefits, or gaining undue economic or other benefits for himself or any other person; (xxxviii) “geriatric inmate” means a prisoner who is sixty-five years of age or above and medically unable to manage his daily affairs independently without assistance; (xxxix) “Government” means the Government of the State of Haryana in the administrative department; (xl) “habitual offender” means a prisoner who has been convicted in two or more cases, or is convicted in one case and facing trial in two or more cases, or is facing trial in three or more cases; (xli) “hardcore prisoner” shall have the same meaning as defined in the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 (15 of 2022); (xlii) “Head of the Department” means the Director General of Prisons; (xliii) “high-risk prisoner” means a prisoner with a high propensity towards violence, escape, self-harm, or disorderly behavior, or who is likely to create unrest in the prison and pose threat to public order, or who suffers from suicidal tendencies or any substance-related and addictive disorder with intermittent violent behavior, or who has a threat to limb or life from other prisoners or who are facing specific identifiable threat; (xliv) “history ticket” means the ticket exhibiting such information as required in respect of each prisoner, by the Act, rules or instructions issued thereunder from time to time and includes a record of all important occurrences, sanctions accorded, and punishments awarded to the prisoner; (xlv) “inmate” means a prisoner lawfully confined in a prison; (xlvi) “Inspector General” means Inspector General of Prisons ; (xlvii) “institution” means a place where prisoners are lawfully confined; (xlviii) “juvenile” means any person who has been so defined under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2016); (xlix) “kotmauka” means the area between the outer and inner peripheral walls of the prison; (l) “legal counsel” means a practitioner within the meaning of the Legal Practitioners Act, 1879 (Central Act 18 of 1879) or the Advocates Act, 1961 (Central Act 25 of 1961); (li) “life sentenced prisoner” means a prisoner sentenced to imprisonment for life; (lii) “Magistrate” means any person exercising all or any of the power of a judicial magistrate under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974); (liii) “maingate” means the area between the inner and outer gate of the only entrance of prison also known as deodi; HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) 1203 (liv) “maximum security prison” means a prison meant for the confinement of high-risk prisoners including (but not limited to) Fundamentalists, communally indoctrinated persons, naxalites, terrorists, extremists, gang leaders, prominent gang members, prisoners organizing or suspected of organizing crime from inside the prison, or those exhibiting persistent violent behavior inside the prison, previous escapees, and those having a history of attack on police or prison personnel; (lv) “Medical Officer” means a medical officer appointed as such by the Government; (lvi) “medical subordinate” includes pharmacy officer, male nurse, female nurse, lab technician, etc.; (lvii) “military prisoner” means a prisoner convicted by Court-martial or Armed Forces Tribunal; (lviii) “Narcotic Drug or Psychotropic Substance” shall have the same meaning as assigned to it in the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985); (lix) “notification” means any authenticated information published in the Official Gazette or any other authorized publication issued by a competent authority; (lx) “offence” means any act of commission or omission made punishable by any law for the time being in force; (lxi) “open prison, semi-open prison” means any place or part or barrack inside any prison complex or any prison which is declared by the Government as such for the confinement of eligible convicted prisoners on such conditions, as may be prescribed for giving them more liberty and more opportunity of association with the social life and facilitating their rehabilitation after release; (lxii) “organized crime” means any continuing unlawful activity by an individual, singly or jointly, either as a member of an organized crime syndicate or on behalf of such syndicate, by use of violence or threat of violence or intimidation or coercion, or other unlawful means, to gain pecuniary benefits, or gaining undue economic or another advantage for himself or any person or promoting insurgency; (lxiii) “parole” means the temporary release of a convicted prisoner from custody on account of good behavior over a period of time as specified by the relevant Act and rules framed thereunder. The period spent on parole shall not be counted towards the actual sentence; (lxiv) “prison” means any place used permanently or temporarily under the general or special orders of the Government for the detention of persons including under trial prisoners, convicts, civil prisoners, preventive detenues or any other person as ordered by a court or a competent authority, and for the aftercare and rehabilitation of convicts, and includes all lands and buildings appurtenant thereto, but does not include,– (a) any place for the confinement of persons who are exclusively in the custody of the police; or (b) any place specially appointed by the Government under section 417 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974); (c) any observation home, special home, children home, shelter home, place of safety under the Juvenile Justice (Care and Protection of Children) Act, 2015 (Central Act 2 of 2015) and protective home for women set up by the Government; (lxv) “prisoner” means any person confined in prison under the order/warrant of a Court of law or any competent authority; (lxvi) “prisoner with mental illness” means a prisoner with mental illness as defined in the Mental Health Care Act, 2017 (Central Act 10 of 2017); 1204 HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) (lxvii) “Probation Officer” means Probation officer appointed by the Government under the Probation of Offenders Act, 1958 (Central Act 20 of 1958); (lxviii) “prohibited article” means an article which is prohibited and declared as such under the Act and under these rules or by an order of the Director General, Prisons; (lxix) “recidivist” means a convict or under trial prisoner who re-offends; (lxx) “remission” means the act of reducing the period of sentence of a prisoner without changing its character as per relevant provisions of law, rules and policy; (lxxi) “sentence” means sentence as finally decided on appeal, revision or otherwise, and includes an aggregate of more sentences than one and an order of committal to prison in default of furnishing security for keeping the peace or good behavior; (lxxii) “separate confinement” means such confinement with or without labour, as secludes a prisoner from communication with, but not from sight of other prisoners, and allows him not less than one hour’s exercise per day, and to have his meals in association with one or more prisoners; (lxxiii) “solitary confinement” means such confinement with or without labour as entirely secludes the prisoner both from the sight of, and communication with other prisoners; (lxxiv) “special prison” means any prison established for the confinement of a particular class or classes of prisoners and notified as such under the Act by the Government; (lxxv) “staff member” means an employee of the Department who exercises the powers or performs duties or functions related to the administration of the Act and rules made thereunder; (lxxvi) “State” means State of Haryana; (lxxvii) “sub-prison” means any prison other than central prisons, district prison, maximum security prison, special prisons, open air prison or semi-open Air Prison; (lxxviii) “Subordinate Officer” means a non gazetted officer serving in the Department; (lxxix) “Superintendent Jail” means Superintendent Jail of the prison; (lxxx) “undertrial prisoner” means a person who has been remanded by the court to judicial custody during the pendency of investigation or trial by a court of law or any competent authority; (lxxxi) “visitor” means any person other than a staff member or prisoner, who is permitted by the competent authority to visit a prison; (lxxxii) “wireless communications device” means a device used for connecting and communicating through any wireless communication technology; (lxxxiii) “young offender” means any prisoner who is above the age of eighteen years and has not attained the age of twenty-one years. (2) Words and expressions used and not defined in these rules but defined in the Act or Indian Penal Code, 1860 (Central Act 45 of 1860) or in the Code of Criminal Procedure, 1973(Central Act 2 of 1974), shall have the same meaning as respectively assigned to them in those enactments; NOTE 1.- Except where otherwise provided, the words having the import of masculine gender shall be taken to include the feminine gender, and words in the singular shall include the plural and vice versa; NOTE 2.- Any reference to open air prison or semi-open air prison shall include open air camp or semi-open air camp respectively. HARYANA GOVT. GAZ. (EXTRA.), DEC. 30, 2022 (PAUS. 9, 1944 SAKA) 1205 Classification of prisons. CHAPTER 2 CLASSIFICATION OF PRISONS