57. Confinement of prisoner under sentence of transportation in irons.— (1) Prisoners under sentence of [imprisonment for life] may, subject to any rules made under section [59], be confined in fetters for the first three months after admission to prison.
(2) Should the Superintendent consider it necessary, either for the safe custody of the prisoner himself or for any other reason, that fetters should be retained on any such prisoner for more than three months, he shall apply to the [Director of Prisons] for sanction to their retention for the period for which he considers their retention necessary, and the [Director of Prisons] may sanction such retention accordingly.
58. Prisoners not to be ironed by Jailer except under necessity.— No prisoner shall be put in irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessity, in which case notice thereof shall be forthwith given to the superintendent.
59. Power to make rules.— [The Provincial Government] may make rules consistent with this Act—
(1) defining the act which shall constitute prison-offences;
(2) determining the classification of prison-offences into serious and minor offences;
(3) fixing the punishments admissible under this Act which shall be awardable for commission of prison-offences or classes thereof;
(4) declaring the circumstances in which acts constituting both a prison-offence and an offence under the Pakistan Penal Code may or may not be dealt with as a prison-offence;
(5) for the award of marks and the shortening of sentences; [so, however, that a sentence of imprisonment for life is not shortened to a period of imprisonment less than 15 years];
(6) regulating the use of arms against any prisoner or body of prisoners in the case of an outbreak or attempt to escape;
(7) defining the circumstances and regulating the conditions under which prisoners in danger of death may be released;
[(8) for the classification of prisons, and description and construction of wards, cells and other places of detention;
(9) for the regulation by numbers, length or character of sentences, or otherwise, of the prisoners to be confined in each class of prisons];
(10) for the government of prisons and for the appointment of all officers appointed under this Act;
(11) as to the food, bedding and clothing of criminal prisoners and of civil prisoners maintained otherwise than at their own cost;
(12) for the employment, instruction and control of convicts within or without prisons;
(13) for defining articles the introduction or removal of which into or out of prisons without due authority is prohibited;
(14) for classifying and prescribing the forms of labour and regulating the periods of rest from labour;
(15) for regulating the disposal of the proceeds of the employment of prisoners;
(16) for regulating the confinement in fetters of prisoners sentenced to [imprisonment for life];
(17) for the classification and the separation of prisoners;
(18) for regulating the confinement of convicted criminal prisoners under section 28;
(19) for the preparation and maintenance of history-tickets;
(20) for the selection and appointment of prisoners as officers of prisons;
(21) for rewards for good conduct;
(22) for regulating the transfer of prisoners whose term of [imprisonment for life or shorter] or imprisonment is about to expire; subject, however, to the consent of the Provincial Government of any other Province to which a prisoner is to be transferred;
(23) for the treatment, transfer and disposal of criminal lunatics or recovered criminal lunatics confined in prisons;
(24) for regulating the transmission of appeals and petitions from prisoners and their communications with their friends;
(25) for the appointment and guidance of visitors of prisons;
(26) for extending any or all of the provisions of this Act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the Code of Criminal Procedure, 1882, and to the officers employed, and the prisoners confined, therein;
(27) in regard to the admission, custody, employment, dieting, treatment and release of prisoners; and
(28) generally for carrying into effect the purposes of this Act.
60. [Power of Local Government to make rules]. Repealed by A.O., 1937.
61. Exhibition of copies of rules.— Copies of rules, under [section 59] so far as they affect the government of prisons, shall be exhibited, both in English and in the Vernacular, in some place to which all persons employed within a prison have access.
62. Exercise of powers of Superintendent and Medical Officer.— All or any of the powers and duties conferred and imposed by this Act on a Superintendent or Medical Officer may in his absence be exercised and performed by such other officer as the [Provincial Government] may appoint in this behalf either by name or by his official designation.
THE SCHEDULE-[ENACTMENTS REPEALED]. Repealed by the Repealing Act, 1938 (I of 1938), section 2 and Schedule.
For statement of objects and reasons, see Gazette of India, 1894, Pt V, p.14; for Report of the Select Committee, see ibid., p. 63, and for Proceedings in Council, see ibid., Pt. VI, pp. 10, 21, 93, 126 and 139.
This Act has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modification, see ibid N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. III of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
It has been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951 see N.W.F.P. Gazette, Extraordinary, dated 1st June, 1951.
Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), section 3 and 2nd Schedule (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Articles 3 (2) and 4, for “British India”.
Substituted ibid., for the existing sub-section (2), as amended by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951).
Substituted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), Schedule, for “the Presidency of Bombay outside the City of Bombay”.
Substituted by the Central Adaptation of Laws Order, 1964 (P.O. 1 of 1964), Article 2 and Schedule, for “Federal Territory of Karachi” which had been Substituted by the Repealing and Amending Ordinance, 1961 (I of 1961), section 3 and 2nd Schedule, for “Capital of the Federation”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
X of 1882, subsequently substituted by the Code of Criminal Procedure, 1898.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898.
V of 1871, subsequently replaced by the Prisons Act, 1900.
Clause (7-A) was inserted by the Prisons (West Pakistan Amendment) Act, 1958 (XLI of 1958); however, this clause and clause (7) were deleted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Deleted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
Added by the Prisons (Punjab Amendment) Act, 1926 (IX of 1926).
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted, for “Inspector General”, by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962).
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “60”.
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.
The words and figures “or section 60” repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937.
Substituted ibid., for “Local Government”.
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.
Substituted by the Prisons (Amendment), Act, 1930 (VI of 1930), section 2, for “eighteen”.
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Inserted by section 2(a) of the Prisons (Amendment) Act, 1925 (XVII of 1925).
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted by the Prisons (Amendment) Act, 1925 (XVII of 1925), for “Six”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Original clause (11) was repealed and clauses (12) and (13) were renumbered as (11) and (12), respectively, by the Prisons (Amendment) Act, 1925 (XVII of 1925).
Substituted ibid., for “solitary”.
The words “as defined in clause (11)”, repealed ibid.
The original section 47 was renumbered as section 47 (1), by the Prisons (Amendment) Act, 1925 (XVII of 1925).
Substituted ibid., section 2, for “solitary”.
Substituted by the Repealing and Amending Act, 1914 (X of 1914), section 2 and schedule I, for “or”.
Inserted by the Prisons (Amendment) Act, 1925 (XVII of 1925).
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Inserted by the Prisons (Amendment) Act, 1925 (XVII of 1925).
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962)., for “Inspector General”.
The words “or Presidency Magistrate” which were Inserted by the Prisons (Amendment) Act, 1910 (XIII of 1910), section 2 (1), omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
Substituted by the Prisons (Amendment) Act, 1910 (XIII of 1910), section 2(2) for the original proviso.
The words “and by a Chief Presidency Magistrate to any other Presidency Magistrate” omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), for “Inspector General”.
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “Local Government”.
Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), for “transportation”.
Substituted by the Government of
Substituted by the
Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 as amended by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, for “The G.G. in C. may for any part of British India, and each Local Government with the previous sanction of the G.G. in C. may for the territories under its administration”.
Inserted by the Law Reforms Ordinance, 1972 (XII of 1972).
Substituted by the Government of
Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), for “transportation”.
X of 1882, subsequently replaced by the Code of Criminal Procedure, 1898 (V of 1898).
Substituted by the Government of
