The West Bengal Correctional Services Act, 1992
west-bengal · 1992
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- S. 1(1) This Act may be called the West Bengal Correctional Services Act, 1992
- S. 2Section 2 defines key terms used in the West Bengal Correctional Services Act, 1992, including "after-care service," "confinement," "correctional home," and "correctional services."
- S. 3Section 3 establishes various types of correctional homes and their affiliations, and outlines the State Government's role in their establishment and location.
- S. 4Section 4 outlines the functions of correctional homes, including custody, rehabilitation, vocational training, and provision of necessities for prisoners.
- S. 5Section 5 designates prison officers under the West Bengal Correctional Services Act, 1992, and vests control of correctional services in the Inspector General of Correctional Services.
- S. 7Section 7 appoints Sub-Divisional Officers and Medical Officers as superintendents and deputy superintendents of correctional homes and mandates their weekly visits.
- S. 8Section 8 outlines the duties and responsibilities of the Chief Controller of Correctional Services in managing the correctional home and prisoners.
- S. 9The section allows the State Government to appoint Controllers of Correctional Services for each correctional home.
- S. 10Section 10 establishes Chief and Discipline Officers for correctional homes, detailing their roles in maintaining security and discipline.
- S. 11Section 11 appoints Chief Welfare Officers and Welfare Officers to oversee and improve prisoners' amenities, activities, and moral development.
- S. 12Section 12 appoints an Assistant Controller of Correctional Services as the chief admin officer for each subsidiary correctional home.
- S. 13Section 13 mandates the State Government to appoint subordinate staff for correctional homes and prescribe their duties.
- S. 14Section 14 outlines the required categories and duties of security staff for correctional homes in West Bengal.
- S. 15Section 15 allows the deployment of first-time, partially served convicts as night watchmen in correctional homes.
- S. 16Section 16 prohibits correctional home staff from leaving without proper leave from the superintendent or authorized officer.
- S. 17The State Government may establish a training college for training of officers and all categories of staff of correctio
- S. 18Section 18 mandates that only authorized individuals can admit prisoners to correctional homes, and requires searches and weight recording upon admission.
- S. 19Section 19 of the West Bengal Correctional Services Act, 1992 mandates segregation of prisoners based on gender, trial status, criminal history, political status, and health conditions.
- S. 20Section 20 prohibits prisoners from selling their personal items and allows the Superintendent to permit external food supply, subject to health checks.
- S. 21Section 21 directs the High Court to deliver sentenced prisoners to designated correctional homes in Calcutta for imprisonment or detention.
- S. 22Section mandates delivery of sentenced individuals to the correctional home for imprisonment or confinement.
- S. 23Section 23 mandates that civil prisoners detained by a court order be kept in a separate cell or ward in a correctional home.
- S. 24Section 24 classifies prisoners in West Bengal correctional homes by type and further divides them by gender and division.
- S. 25Section 25 classifies prisoners into Division I and Division II based on lifestyle and offense type, with political prisoners receiving Division I privileges.
- S. 26Section 26 outlines the process for classifying prisoners and detenues, with initial authority resting with the court or remanding authority, and temporary classification by the Inspector General.
- S. 27(1) The detenus shall be classified as political detenus and general detenus
- S. 28Section 28 establishes a State Advisory Board for Correctional Services in West Bengal, appointing members from various government and social sectors.
- S. 29Section 29 establishes District Advisory Boards to advise on crime prevention, coordination, and prisoner treatment in West Bengal.
- S. 30Section 30 mandates the State Government to form a panel of official and non-official visitors for correctional homes and outlines their inspection and reporting duties.
- S. 31Section 31 allows Members of Parliament and Legislative Assembly from West Bengal to visit correctional homes with prior notice, but not before 11 a.m. or after 4 p.m.
- S. 32(1) The prisoners shall generally be accommodated in cells and wards
- S. 33(1) Every prisoner shall be served breakfast, midday meal and evening meal
- S. 34(1) Every prisoner shall be supplied with clothings of such quality, type and quantity as may be prescribed
- S. 35Section 35 provides educational and recreational facilities for prisoners in correctional homes.
- S. 36(1) In every central correctional hoine and district correctional Library
- S. 37Section 37 mandates the Medical Officer to maintain cleanliness and hygiene in correctional homes by overseeing sanitary services and pest control.
- S. 38Every prisoner shall have a right to medical care in case of sickness as well as for maintaining good health
- S. 39Section 39 appoints a Chief Medical Officer to oversee and inspect medical care in correctional homes.
- S. 40(1) In each correctional home (other than a subsidiary correctional Medical home) there shall be a Medical Officer
- S. 41Section 41 outlines the appointment process for medical subordinates in correctional facilities by the Inspector General and Superintendents.
- S. 42Section 42 assigns the Sub-Divisional Medical Officer as the medical head of a subsidiary correctional home, allowing duty delegation.
- S. 43Section 43 mandates correctional homes to employ psychiatrists for treating lunatics and psychiatric patients in separate wings.
- S. 44Section 44 mandates segregation of sick prisoners, provision of hospitals or sick rooms, and equipment for their care.
- S. 45Section 45 outlines procedures for transferring sick prisoners to hospitals for medical treatment.
- S. 46Section 46 mandates notification of prisoner deaths to relatives and recording details in a prescribed death register.
- S. 47Section 47 mandates referral of sick prisoners for specialist treatment and allows the State Government to create specialist panels.
- S. 48Section 48 mandates a team of dentists and eye specialists to examine and treat prisoners' dental and eye issues in correctional homes.
- S. 49(1) Every prisoner shall be given facilities of having rest and recreation for such period as may be prescribed
- S. 51Section 51 of the West Bengal Correctional Services Act, 1992 mandates prisoners' right to monthly interviews with friends and relatives, and legal consultations with lawyers.
- S. 52Section 52 allows police officers to interrogate prisoners in correctional homes with court permission for drug-related investigations.
- S. 53Section 53 classifies labour in correctional homes into hard, medium, and light, further dividing each into skilled, semi-skilled, and unskilled.
- S. 54Section 54 assigns the Medical Officer to assess prisoners' fitness for labor and recommends work based on their condition, with special provisions for female prisoners and contagious diseases.
- S. 55(1) The rate of wages payable to skilled, semi-skilled or unskilled Wages
- S. 56(1) The working hour of a prisoner put to any type of labour shall not be more than seven hours a day
- S. 57Section 57 allows the State Government to establish industrial training programs in correctional homes to help prisoners, especially women, learn skills for post-release employment.
- S. 58Section 58 of the West Bengal Correctional Services Act, 1992 provides for remission of sentences for criminal prisoners based on work performance and additional special remission for meritorious conduct.
- S. 59Section 59 provides special remission of up to thirty days for prisoners appearing in university exams while serving a sentence.
- S. 60Section 60 mandates the Superintendent to maintain and monthly check a prescribed Remission Register.
- S. 61(1) Every prisoner shall be released from the correctional home on the particular date on which his release becomes due
- S. 62Section 62 allows prisoners sentenced to two years or more to be released on parole for up to one month, subject to conditions and bond execution.
- S. 63Section 63 mandates that paroled prisoners must return to their correctional home and can be arrested and punished if they fail to do so.
- S. 64Section 64 allows the Inspector General to transfer prisoners between correctional homes and prisons with consent, and district superintendents to manage transfers due to overcrowding or long sentences.
- S. 65Section 65 allows the transfer of ex-military or convicted persons to correctional homes in their origin state for a more congenial atmosphere.
- S. 66(1) The State Government shall establish such number of correctional homes for female prisoners as it may consider nece
- S. 67Section 67 specifies the segregation and accommodation of female prisoners in correctional homes in West Bengal.
- S. 68Female prisoners shall generally be employed in the types of work to which they are accustomed
- S. 69Section 69 allows a female prisoner in a correctional home to keep her child under five, with Superintendent's care, until the child turns five or is claimed by a relative.
- S. 70Section 70 outlines the privileges and facilities for condemned prisoners awaiting death sentences under the West Bengal Correctional Services Act, 1992.
- S. 71Section 71 outlines procedures for a condemned prisoner's appeals and legal aid arrangements up to the Supreme Court and mercy petitions to state and central authorities.
- S. 72Section 72 prohibits the confinement of non-criminal lunatics in correctional homes and limits their custody to three months.
- S. 73(1) (a) The State Government shall set up in every central of criminal lunatics
- S. 74Section 74 of the West Bengal Correctional Services Act, 1992 mandates identification procedures and ensures minimal interference, work opportunities, and medical care for under-trial prisoners.
- S. 75Section 75 provides for the accommodation and amenities for Division I prisoners in West Bengal Correctional Services Act, 1992.
- S. 76Section 76 of the West Bengal Correctional Services Act, 1992 provides for daily allowances, amenities, and separate kitchen facilities for Division I prisoners.
- S. 77Section 77 allows courts to order correctional home superintendents to produce prisoners as witnesses in pending cases.
- S. 78Section 78 allows civil courts to issue commissions for prisoner examinations in correctional homes outside West Bengal or beyond 80 km.
- S. 79(1) Every prisoner shall have the right of access to law
- S. 80(1) A prisoner shall be deemed to
- S. 81Section 81 outlines punishments for major and minor offences committed by prisoners, allowing the Superintendent discretion to impose various penalties.
- S. 82Section 82 mandates the Superintendent to report serious prisoner offenses to a magistrate for trial, with legal aid provided.
- S. 83Section 83 penalizes correctional home employees for breaches, neglect, cruel behavior, or aiding offenses causing injury or property damage.
- S. 84Section 84 integrates probation services with after-care services under the West Bengal Correctional Services Act, 1992.
- S. 85The section mandates the State Government to provide financial and other rehabilitation assistance to released prisoners.
- S. 86Section 86 provides rehabilitation assistance for specific categories of released prisoners, including elderly, disabled, unemployed, and those with special skills or education.
- S. 87Section 87 establishes an advisory committee to aid the State Government in after-care services and rehabilitation of released prisoners.
- S. 88Section 88 establishes open correctional homes in West Bengal, classifying them into types A, B, and C, and outlines their operational and visitation rules.
- S. 89Section 89 establishes a Selection Board for each district to choose prisoners for different correctional homes, excluding certain non-residents and age-restricted individuals from open homes.
- S. 90Section 90 allows prisoners in open correctional homes to receive parole leave for up to fifteen days twice a year, with special exceptions for emergencies.
- S. 91Section 91 provides for food, loans, market access, and post-release benefits for prisoners in 'C' type correctional homes in West Bengal.
- S. 92Section 92 mandates open correctional homes to have libraries, radios, and allow prisoners to engage in cultural activities.
- S. 93Section 93 allows prisoners in open correctional homes to receive rewards for meritorious work, up to 100 rupees annually.
- S. 94Section 94 applies Chapter XIII provisions to medical care for prisoners in open correctional homes.
- S. 95The case of every prisoner accommodated in an open correctional Review
- S. 96Section mandates regular inspections of open correctional homes by various officers and submission of reports to the Inspector General.
- S. 97Section 97 grants the Inspector General financial and administrative control over open correctional homes.
- S. 98Section 98 establishes a prisoners' panchayat in correctional homes to foster cooperation, manage food, activities, and hygiene, excluding certain offenders.
- S. 99The accounts of every correctional home shall be maintained Accounts and audited in such manner as may be prescribed
- S. 100Section 100 mandates the State Government to codify and display rules and orders governing prisoners' conduct and privileges in correctional homes.
- S. 101Section 101 states a prisoner remains under correctional home custody and subject to its rules during transfer or extramural labor.
- S. 102Section 102 allows the High Court to pardon prisoners and recommend their release on a bond to the State Government.
- S. 103Section 103 mandates the establishment of a training institution for correctional home employees and makes training compulsory.
- S. 104Section 104 prohibits correctional home staff from benefiting from contracts or sales involving the home.
- S. 105Section ensures State Government pays insurance premiums for detained political prisoners' existing policies.
- S. 106(1) The State Government may by notification make rules for carrying out the purposes of this Act
- S. 107Section 107 allows the State Government to issue orders to address difficulties in implementing the Act, but only within three years of its commencement.
- S. 108Section 108 repeals several prison-related acts in West Bengal but preserves existing rules, pending cases, licenses, and appointments.
- S. 1980286 The West Bengal Correctional Services Act, 1992