Amendment status not verified — confirm the current text below against the official source.
particular matter in question; (c) "convicted criminal prisoner" means any criminal prisoner under sentence of court or court-martial, and includes ct person detained in prison under 11-18 provision of Code of Criminal Procedure, 'j 973; (d) "Califf' includes any officer lawfully exercisinq civil, crimina! or revenue jurisdiction; (e) "criminal prisoner" means any prisoner duly committed to custody under the writ, warrant or order 0"; any court or authority exercising crimina] jurisdiction. or by order of a court-martial; (f) "Central Jail" means any prison in which criminal convicted prisoners are received, for the purpose of undelgoing their sentences, by transfer from any other jail and in which such prisoners are not, when committed to prison, in the first instance ordinarily received; (g) "Deputy Inspector General or Sr. Superintencient of Prisons" (hereaner reterrec as DIG I SI',S,P,) means the Head of the Prison, whoever is appointed by the Government; (h) "district jail" means any prison to which prisoners trorn one or more district are in tile first instance, ordinarily committed and includes every jail other than a Central Jail Of a special Jail; (i) "detenu" means any person ordered (0 be detained and committed to a place of detention in the State lJ)1 any authority actinq in exercise of the powers conferred by such Act in the State: (j) "habitual oltendcrs" means a person .- WIIO during any continuous period of five years whether before or after the commencement of the Act, has been convicted and sentenced to imprisonment more than twice on account of the flillovvin£j offences: - (i) Offence mentioned in Chapter XII of the IPC, 1860 (Act. 45 of 'ISoO) (ii) Offence punishable under the followin~J section 0'[ the IPC (Act, 45 of 1860) Uh379,380, 381,382,384,385, 386,387,392,393,394, 395 , 396,397,398,399,400,402,406,407,409,411,412,413,414,416, L!'17, L120, 421, 423, 436, 468 and 498 (1-\). (k) "history-ticket" means ticket exhibitin~J such information as is required in respect of each prisoner by this i~ct or the rules made there under; (I) "imprisonment" may be of two descriptions - (a) rigorous i.e. with hard labour and (b) simple without hard labour; (rn) "Inmates" means any person kept in an institution; (n) "institution" means a place where offenders are kept; (0) "Government" means the State Government of Sikkim; (p) "Jail Manual" means the manual for the Superintendence and rnanaqernent of Jail in H18 State of Sikkirn: (q) "Medical Officer" means a doctor designated as such and appointed under this Act; "offender" means a person who is accused of having committed an offence punishable under tile law: (s) "offence" means any act or omission made nurushabte by any law for the time beinq in force and shall also mean any act or omission contrary to the provisions of law, which has been made punishable; "proh'bited article" means an article which cannot be introducecl or removed into or out of prison under this Act and rules framed thereunder; (u) "place of detention" means a Jailor ether place in the State in which a detenu is ordered to be detained; (1/) "prison" means any jailor place used permanently or temporarily under the general or special order of State Government for the detention of prisoners and includes al! lands and buildings appurtenant thereto but does not include- (a) any place [01' the confinement of the prisoner who ar(2 exclusively in the custody of trlG police: (b) any place specially declared by the State Governrnent under section 417 of the Code of Criminal Procedure, 1973 or . (c) any place, which has been declared by the State Government by genera! or special order, to be a subsidiary jail. (w) "remission" means the rule for U"18time being in force regulating the award of rnarks to and tile consequent shortening of the sentences of Prisoners in Jail: (x) "rules" means a rule framed under this Act; (y) "Special Jail" means any prison provided for the confinement of a particular class 01' classes of Prisoners and classified as ::;peciai ,Jai! by the Government; (t) Accommodation 3, for prisoners. Deputy Inspector 4, General or Sr. S IJ pe ri ntende nt of Prisons, Officers Prisons. (z) "Superintendent" means the Superintendent of the Prisons as may be appointed by the State Government on deputation from Police Department. (aa) "Under Trial Prisoners" means a person who has been committed to prison custody with pending mvesnqanon or trial by a competent authority; CHAPTER i! M,-ClINTENANCE Ar\!O OFFICERS OF PRISON The State Government shall provide, for the prisoners in its territory, accommodation in prisons constructed and regulated in such manner as to comply with Hie requisitions of this Act in respect of the separation of prisoners or may set up such other prisons at such place as it may consider expedient and may in cases set up temporary or special prison, The State Government shall appoint Deputy Inspector General or Sr. Superintendent of Prisons as a head of tile Prison to exercise, subject to the orders of the State Government, the general control and superintendence of all prisons in the State, of 5, For every prison them shall be a Superintendent, a Medical Officer, a Jailer and such other officers as may be appointed by the Government from time to time T e In P 0 r a r y 6, accommodation for prisoners. Contr,.ol and 7, duties of prison officers, Officer not to 8, have business dealings with prisoners, Oft1iGers not to l10 9, interested in prison contracts. Duties or 10, (1) Superintendent. The State Government shall make provision tor the shelter and sate custody in temporary prisons of as many prisoners as it deems fit, who cannot be conveniently or safety kept in the existinq Prisons, CHAPTER III DUTIES OF OFFICEF~S GENEF1Al (I) The Deputy Inspector General or Sr. Superintendent of Prisons shall carry out all the instruction and direction of the State Government as may be issued from time to time and all officer subordinate to him shall perform all such duties as may be imposed on them, No officer or stafi of prison shall do or commit any acts of omission or commission that will give undue and illegal benefit to a prisoner and also to the officer or staff, (2) All officers of a prison shall ObF3Y the directions of the Deputy inspector General or Sr. Superintendent of Prisons; all officers subordinate to the Jailer shall perform such duties as may be imposed on them by the Jailer with tile sanction of the Superintendent. 1\10 officers of a prison shall sell or let an)' person employed by him sell 01'derive any benefit from sellinq or lettin~J, any article to any prisoner or have any money or other business cJealings, directtv 01'indirectly, with any prisoner. No officers of a prison shall, nor any person employed by him, have any interest, direct or indirect, in any contract, for the supply of tile prison; nor shall ho derive any benefit, directly or indirectly, from the sale or purchase of any article 011behalf of the prison or belonging to a prisoner, SUPERINTENDENT (2) Subject to the orders of the Depuiy Inspector General / Sr. Superintendent of Prisons, the Sup81"intendent shall mall ago the prison in all matters reiating to discipline, labour, expenditure, punishment and contro.. Subject to such general or special directions as may be given by the State Government, the Superintendent of a prison shall obey all orders not inconsistent 3 f-iecords to be