THE WEST BENGAL JAIL CODE, PART 5

Section IV—Compounders
  1. Compounders of jails shall be duly qualified compounders who have passed the tests prescribed by the Department of

A compensatory jail allowance of Rs. 5 per mensem is, sanctioned for the compounders, which they shall draw in addition to their scale pay.

  2. Rule 109 in so far as is applicable, and the rules in section Vll of this chapter, relating to subordinate officers, shall apply to the

The Medical Officer shall specify in his Minute Book the hours during which the compounder shall attend the jail and what duties he shall perform. His duties shall generally be to help the Medical Subordinate in the maintenance of the health of the staff and prisoners by compounding and distributing medicines, vaccinating and weighing prisoners, performing clerical work, maintaining cleanliness, order and discipline in the hospital and by carrying out such other duties as may be allotted to him by the Medical Officer. He may further be required to sleep in the hospital in turn with the Medical Subordinate and perform such duties as the Medical Officer may instruct him to do.

  1. Compounders shall obey any orders of the Medical subordinate which are not inconsistent with the Medical Officer’s instructions and with the rules in this Code.
Section V—Chaplains 141 to 150. Deleted.

Appointment of Compounders.

  1. O. No. 2922-
  2. of

26-12-51.

Duties of Compounder.

Rule 110.

Compounders to obey the lawful orders of the Medical Subordinate.

Superintendence of Manufactory Department of Central Jail.

Rank of Deputy Superintendent of Central Jail.

Duties of the Deputy Superinten- dent.

G.O. No. 1066 HJ of 6-4-55.

Deputy Superinten- dent to do utmost to conduct jail manufactures to the best advantage.

Deputy Superinten- dent shall be responsible for manufacture, department stores and accounts.

Rule 803.

Deputy Superinten- dent to enter in a register matters requiring Superintendent’s orders.

Deputy Superinten- dent to be familiar with character of every prisoner.

Section Vl—The Deputy Superintendent
  1. Every Central Jail carrying on a special industry shall have a skilled manufacturer qualified to superintend the manufactory department in all its branches.
  2. This officer shall be styled Deputy Superintendent. In rank he shall be superior to the Jailor, who will be bound to carry out any orders he may give relating to his own department, provided they be in accordance with the jail rules and the Superintendent’s
  3. He shall, as an officer of the jail, make himself thoroughly acquainted with all the Jail rules, with which he shall strictly comply, and shall assist the Superintendent and other jail officials to maintain order and discipline. In cases of emergency he shall be expected to render assistance at any time. He shall carry on the routine duties of the Superintendent during the temporary absence of the latter due to illness or for any other reasons.
  4. He shall do his utmost to conduct the jail manufactures to the best advantage, subject to the control of the Superintendent, whose orders he must
  5. All the manufacture department stores, both of raw materials and finished goods, together with the accounts, shall be under his supervision, and he shall be held responsible for their correct keeping.
  6. He shall be provided with a report or order book (Register No. 1 ) in which he shall make written entries of any matters which require the Superintendent’s orders, such as requisitions for prisoners, materials, tools or plant, manufacture, sale and despatch of goods and recommendations of any kind relating to his branch of jail He shall also enter any important instructions connected with his department he may have to give to the Jailor or any of his subordinates. On the right hand page the Superintendent will record his orders, or the subordinate officer concerned will note what action he has taken on instructions given. Any orders relating to manufactures passed by the Superintendent shall likewise be entered in this book.
  7. He shall make himself acquainted, as far as possible, with the character and industry of every prisoner working under him, and assist  the  Superintendent  in  allotting   remission and granting rewards for good work. He shall report to the Superintendent, for punishment, all prisoners guilty of idleness, or of breaches of jail discipline which come within his
  8. Free quarters shall be provided for him on the jail permises, in which he must He shall not absent himself from his duties without the permission of the Superintendent, unless he is sick, in which case he will produce a certificate of sickness from the Medical Officer.
Section Vll—Rules relating to Subordinate Officers particularly and in some cases to Jail Officers generally.
  1. (a) In this Chapter “Subordinate Officer” means non- Gazetted officer appointed to a prison under the Prisons Act, 1894 (IX of 1894), but does not include a convict
  • The Inspector-General shall appoint all subordinate officers except those who may be appointed by the State Government or whose appointment is entrusted to some other Rules for recruitment of subordinate officers as are not specifically provided for in any of the rules of this Code may be found in Appendix 34.
  • Every subordinate officer appointed against a substantive vacancy shall be on probation and his confirmation shall be contingent on his proving efficient. Every subordinate officer, on appointment, will be liable to be employed in any jail within the State.
  • The period of probation for such an officer shall be as follows :
    • In the case of a person directly appointed to a post-2 years.
    • In the case of a person appointed on promotion to a post––Such period up to a maximum of 2 years as the appointing authority may decide.
  1. A subordinate officer who intends to resign his office shall give notice in writing of his intention at least two months prior to the date of intended resignation unless permitted by his appointing authority to leave at a shorter notice.

161A. Discharge of subordinate officers holding temporary posts, except for misconduct or unsuitability, shall be governed by the following rules :

  • A month’s notice or salary in lieu of notice shall be given when the temporary appointments are made untill further orders and / or are terminable without notice ;
  • A month’s notice or salary in lieu of notice shall be given in cases of discharge of persons employed temporarily when in their appointment orders it is not specified that their services are liable to be terminated with notice of a specified period or that the services are liable to be terminated without any notice ;
  • Where the temporary appointment is for a specified term no notice or salary in lieu of such

Deputy Superintendent shall reside in jail premises.

Subordinate Officers liable to be employed in any jail.

Their appointing authority.

Rule 12 of the West Bengal Sevices (Revision of Pay and Allowance) Rules, 1961.

Written notice necessary for resignation from jail service.Rule

  1. See. 54 of Act. IX of 1894.

Discharge from service.

Finance Department memo’s No. 2301F, dated 4-5-53 and No. 4133F, dated 4-11-54.

Discharge of a probationer from service.

Discharge of

a permanent officer on abolition of his post.

Jail officers must be persons of respectable character. Rule 482.

Candidates for employment in Jails shall produce documents of previous service, if any.

Subordinate officers to report relationship or pecuniary dealings with prisoners.

Rule 858.

notice, is required to be given when a temporary employee is discharged on the expiration of the term of his appointment ; and

  • When in a particular appointment there is provission for notice, for any specified period exceeding or less than a month, such notice shall be given before discharging the employee, or salary for such period be paid if the employee is to be retrenched forthwith.

For the purpose of this rule salary means pay and allowances of which the employee was in receipt immediately before discharge or service of notice upon him.

161B. A probationer may be discharged from service by the appointing authority, if considered by that authority to be unsuitable for the service or post to which he is appointed ; but the order of discharge (except when passed by the Government) shall not be given effect to till it has been submitted to and confirmed by the next higher authority. When it is proposed to terminate the employment of a probationer, whether during or at the end of the period of probation, on account of unsuitability for the service, the probationer shall be given a month’s notice and then his service should be terminated.

161C. In case of abolition of appointment, three months’ notice shall be given to an officer in permanent employment and his services terminated unless on the date on which his service is dispensed with the officer is provided with some other employment acceptable to him.

  1. All persons employed in a jail must be persons of respectable character. Disreputable conduct, even outside the jail, will render and officer liable to No person who has been punished for any offence with imprisonment shall be employed in any jail without the previous permission of the Inspector-General.

NOTE.—The rules prescribed by Government regulating the conduct of Government servants are applicable to all Jail Officers.

  1. Every candidate for employment in the Jail Department shall state in writing whether he has been previously employed in any post under Government or any local authority, and, if so, shall produce his service book or other record of service or a certified copy thereof. No Government servant who has been dismissed shall be readmitted to service without the sanction of the State Government.
  2. Every subordinate officer shall inform the Superintendent or Jailor if he is related to or connected with any prisoner of the Jail to which he is posted or has had any pecuniary dealing or close acquaintance with any of them.
  3. Prior to appointment all candidates for employment as subordinate officers at any jail shall be examined by a Presidency Surgeon, Chief Medical Officer of Health or a Medical Officer of similar Candidates shall not be appointed unless the Medical Officer who examines them certifies that they possess the necessary requirement as to height, health, and strength, and the capacity to perform the duties required of them. Every candidate must consent to vaccination, and if considered necessary, revaccination at any time during his service. In the case of a female candidate, the Head of the Department may accept a certificate signed by any registered female medical practitioner.
  4. Candidates before appointment to the jail service shall read or have read to them section 54 of the Prisons Act (IX of 1894) and shall acknowledge by signature or left thumb-impression that this has been done. The acknowledgement shall be attached to each officer’s service book. They must also understand that they may be employed wherever it seems fit to the Inspector- General to employ them. No candidate shall be appointed until he has signed the declaration contained in B.J. Form No. 89.

NOTE.—For the warder establishment this form is printed in page 1 of the Service Record—W. B. J. Form No. 96.

  1. Every subordinate officer shall make himself acquainted with the rules and orders regulating his duties. Every officer on being relieved, shall point out to his successor all matters of special importance connected with the duties of his post, and explain any directions of the Superintendent, Medical Officer, or other superior officer relating to any particular prisoner or matter. Jailors and Deputy Jailors shall carry with them note-books in which they shall enter at the time any verbal order given to them by the
  2. Neither the Jailor nor any officer subordinate to him shall engage in any employment or trade, other than his jail No Jail Officer, on leave, may engage in any trade or undertake any employment, other than his public duties, except with the previous sanction of the State Government, as laid down in rule 17 of the West Bengal Government Servants’ Conduct Rules, 1959.
  3. No officer shall take a loan of money from, or lay himself open to any pecuniary obligation to, any officer subordinate to Any officer who is appointed or transferred to a post in which he will be in a position to exercise official influence or authority over any person to whom he is under any pecuniary obligation, shall be bound to declare, without delay, the circumstance to the officer to whom he is immediately subordinate for report to the Government and failing to do so shall be subject to the same penalty as if the obligation were incurred after his appointment or transfer.

Medical examination prior to appointment. Rule 297.

Declaration by candidates for appointment. Rule 215.

Subordinate Officers to make themselves acquainted with rules and orders regulating their duties.

Jail officers shall not engage in trade or private service.

Jail officers shall not borrow money from subordinate.

Jail officers to co-operate with each other.

Wrangling between officers or subordinates forbidden.

Representation

to the Government to be through proper channels.

Meetings of Jail Officers

in prison.

Quarters for Jail Officers. Rule 314.

Jail officers to sign their names in the Gate Register.

Rules 59, 334.

W.B.F. No. 5023.

No admittance of visitors to subordinate officers inside the jail, and of females in warders’ barracks, etc.

169A. All jail officers must discharge their respective duties in perfect harmony and co-operation with one another. No officer shall, either directly or indirectly, obstruct others in performing their duties in accordance with the rules and orders in force.

  1. All wranglings or disputes between officers or subordinates of the jail are strictly forbidden, and any disagreement between subordinate officers as to any matter connected with their duties must be referred to the Jailor or if necessary, to the All complaints must be made to the Superintendent or Jailor within twentyfour hours of the occurrence of the cause of complaint. Officers making frivolous or false complaints will be liable to punishment.

171A. Representations made to Government by Jail Officers through channels other than formal official channels, will render them liable to disciplinary action. (See also rules 21 and 22 of the West Bengal Government Servants’ Conduct Rules, 1959).

171B. The previous permission of the Inspector-General of Prisons shall be obtained for meetings of officers in any prison to discuss any matter of interest to the service.

  1. Every subordinate officer for whom free quarters are provided by Government shall live in those quarters and those for whom no quarters are provided shall live as far as practicable within such a distance of the jail as may be fixed by the Superintendent, except in the case of medical subordinates holding dual Quarters on the jail premises shall be provided for Jailors, Deputy Jailors and Medical Subordinates (not holding dual appointments), compounders and the warder establishment. Subject to the approval of Government, the Inspector-General of Prisons may provide free quarters to such other officers as he may deem necessary. Subordinate officers shall not take in lodgers in Government quarters.
  2. All Jail Officers above the rank of Head Warder shall sign their names in the Gate Register (No. 46) both on entering and leaving the jail.
  3. No subordinate officer shall be permitted to receive any visitors in the interior of the jail. No female shall, under any circumstances, be allowed to enter the warders’ barracks, guard- room or kitchen; all outsiders of loose or evil character must be excluded from the jail precincts.
  4. Jail officers and subordinates shall not lounge about the jail. They shall confine themselves to their respective posts, except when ordered by a superior officer to go elsewhere, or when going upon
  5. No subordinate officer shall absent himself from the jail premises either by day or night or from duty during the hours fixed for his attendance, without the permission of the Superintendent or (if subordinate to the Jailor) of the Jailor, except when summoned by a Court of Justice. Any subordinate officer disabled from the performance of duty by illness, or summoned by a Court of justice shall at once send notice to the Jailor, who shall make such arrangements as may be necessary for the performance of the duty of the officer during his absence. Every subordinate officer to whom any leave has been granted shall, immediately on his return therefrom, personally report the fact of his return to the
  6. Subordinate officers shall pay strict attention to cleanliness of person and dress; and those for whom a uniform is prescribed shall at all times wear it while on duty, but relaxation of this rule may be allowed when a jail official on account of religious rites is unable to wear uniform during the period of mourning. When off duty on the jail premises or in any public place, they must either appear altogether in private clothes or in complete uniform, no combination of the two shall be allowed.
  7. No jail officer or subordinate shall smoke or drink or sing or talk loudly while on duty, or in any way or at any time conduct himself in an unseemly or disorderly manner, or introduce liquor, tobacco or any drug into the jail.
  8. No officer of a jail, nor any person in trust for, or employed by him shall have any interest, direct or indirect in any contract for the supply of any jail articles; nor shall he derive any benefit directly or indirectly, from the sale or purchase of any article on behalf of the jail or belonging to a prisoner: nor shall he receive, directly or indirectly, any fee or gratuity or present from any person tendering or furnishing supplies for the jail, or from any person visiting the

NOTE.—Jail officers and Warders may,with the permission of the Superintendent, bid at a sale by auction, of Government property or prisoners’ property. The Superintendent shall not grant permission to bid to an officer or warder

who has any duty to perform in connection with the sale.

  1. No officer of a jail shall sell or let, nor shall any person in trust for, or employed by him sell or let or derive any benefit from selling or letting any article to any prisoner or have any money or other business dealings, directly or indirectly with any prisoners or prisoners’ friends.

Subordinate officers to confine themselves

to their posts.

Subordinate officers shall not absent themselves from jail premises or duty without permission.

Rule 244. Rule 350. Rule 90 of the Criminal Rules and Orders of High Court, Vol. I.

Cleanliness of person and dress of jail officers.

Conduct of jail officers on duty.

Jail Officers shall not have any interest or derive benefit from jail contracts. Section 10 of the Prisons Act, IX of 1894.

G.O.No.350-PJ

dated 8-2-36.

Jail officers to have no business dealings with prisoners. Section 9 of thePrisons Act, IX of 1894.

Unauthorised communication about jail prohibited.

Unnecessary communication with prisoners prohibited.

Employment of prisoners for private purpose.

Prisoners to be treated with consideration.

No Jail officer to punish any prisoner except Superintendent’s order.

Rule 708.

Violence to any prisoner except in self-defence or repression of a disturbance prohibited.

Rule 399.

Misconduct or disobedience of Jail rules to be reported.

Rule 253.

  1. subordinate officer shall have unauthorised communication with any person whatsoever concerning the jail or regarding administrative matters; nor shall he allow any discharged prisoner to visit or remain in his quarters, except with the special permission of the Superintendent.
  2. subordinate officer shall converse unnecessarily with any prisoner, or treat him with familiarity, or discuss matters connected with the discipline or regulations of the jail with him or within his hearing.
  3. No jail officer shall employ any prisoner on his own private work except as provided in rules 796 to 798 or for his own private benefit or gain, or on any private account, except within the jail for the profit of Government.
  4. All jail officers shall treat prisoners with humanity, kindness and strict impartiality, and listen patiently, and without irritation to any complaint or grievance, maintaining at the same time strict discipline and enforcing the ovservance of all rules and It is important that every complaint made by a prisoner shall be heard with attention, in order that if real it may be redressed, and that no cause for discontent may be allowed to remain.
  5. No jail officer shall in any circumstances punish any prisoner except under the Superintendent’s order, or threaten any prisoner with punishment, or use violent, abusive, insulting or indecent language to any All conduct intended merely to irritate or annoy any prisoner shall be avoided.
  6. No officer, shall on any pretext strike a prisoner, except in self-defence or in the repression of a disturbance (in which case no more force than necessary shall be used). For rules as to the circumstances in which jail officers may fire upon prisoners, see chapter VlIl. In the event of any riot, violent attempt to break out of the jail, or assault by the prisoners, or any of them upon the jail officers, the Jailor and his subordinates shall be strictly guided by these rules.
  7. No officer on any pretence whatever through favour or from a mistaken notion of kindness, shall fail to make an immediate report to the Superintendent, or other superior officer of any misconduct or wilful disobedience of the Jail Rules, whether on the part of a prisoner or of another
  8. Subordinate officers shall not use the jail lanterns for private purposes. An unlighted lantern, or two, if necessary shall be kept at the main gate for use, if required, in the office or for the night visit to the jail of the Jailor or Deputy Jailor ; but these lamps shall not be removed to the private quarters of these officers. Subordinate officers are prohibited from using naked kerosene lamps or unprotected chirags in Katchna or thatched dwelling-houses belonging to the jail.

NOTE. –– Head Warders and Warders who are given Katcha or thatched family quarters may be provided with hurricane lanterns but must supply their own oil such lanterns must not be provided more often than once in two years for each set

of quarters.

  1. No jail officer or subordinate entrusted with keys shall leave them Iying about, or deliver them to any other person, except when, on leaving the jail or going off duty, he delivers them to such officer as may be authorised to receive them, and he shall not leave his post or the jail without making them over as above directed. The keys of wards, cells, outer gates or workshops are not on any pretext whatever to be taken out of the Jail or made over to any prisoner. If a key is lost the lock or locks to which it belongs must be put out of use, as they will be no longer secure, and the officer responsible shall be liable to replace them at his own expense.
  2. No officer shall on any account enter a ward or a prisoner’s cell at night, unless accompanied by another officer, and then only in case of sickness or other

190A. Every subordinate officer shall submit himself to be searched in the prison if called upon to do so by the Superintendent or the Jailor or by an officer authorised by either. Such search shall be made with due regard for privacy, but not search should be made unless there is reasonable ground to believe that the subordinate officer is in unauthorised possession of a prohibited article.

  1. All jail officers are bound—
    • to exert the utmost vigilance in the prevention of escapes : to this end the Jailor and his subordinates shall see that all ladders, ropes, bamboos, privy vessels and other articles which may facilitate escape are not left in any place from which they may be taken by a prisoner ;
    • to prevent to the best of their power the introduction into the jail and the giving to any prisoner of any tobacco, opium, ganja, or other prohibited article enumerated in Rule 660 or any article not permitted by rule ; and
    • to prevent and report any attempt at communication between prisoners and outsiders except as permitted by rule; and shall report the fact when any suspicious persons are observed loitering about the jail.

Subordinate officers not to use jail lanterns

for private purpose.

G.O. No. 642

  1. dated 5-10-25.

Keys shall not be taken out of jail or made over to any prisoner.

Rule 249.

Rules 448A, 738.

Entry of officers in a ward or a cell at night.

Rules 456, 741.

Search of subordinate officer in the prison.

Vigilance and alertness on the part of jail officers.

Rules 318(r), 325,

417, 475.

Rule 675.

Rules 657, 658.

Duties of subordinate officers.

Rule 22.

Offences by Prison Subordinates.

See section 54 Act IX of 1894.

Rule 199.

Undue harshness in awarding punishment to be avoided.

Discipline and Appeal rules of subordinate officers.

Notification No. 1817HJ/10R-11/52

dated the 16th June 1960. [Calcutta Gazette, Extraordi- nary dated 21-6- 1960 Pt. I pages 1481-1485.]

  1. Subordinate officers are bound—
    • to render all assistance in their power in the management of the jail, the maintenance of order and discipline amongst both officers and prisoners, and the guarding and defending of the jail and all persons and property kept therein or belonging thereto against the use of criminal force by any person ;
    • to render prompt and strict obedience to all lawful orders of their superior officers and to treat all superior officers and visitors with respect ;
    • to comply with the requirements of all law, rules, regulations, directions and orders for the time being in force regulating the duties which they are to perform and the manner in which they are to perform them ; and
    • to take proper care of all property of whatever kind at any time entursted to them and duly to account for the same whenever called upon so to do.
  2. Every Jailor or officer of a prison subordinate to him who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, or who shall withdraw from the duties of his office without permission, or without having given previous notice in writing of his intention for the period of two months, or who shall wilfully overstay any leave granted to him, or who shall engage without authority in any employment other than his prison duty, or who shall be guilty of cowardice, shall be liable, on conviction before a Magistrate, to a fine not exceeding two hundred rupees, or to imprisonment for a period not exceeding three months, or to both.

193A. In awarding punishment to subordinate officers undue harshness should be avoided and careful distinction made between serious offences and offences of a trifling nature. Every effort shall be made to maintain discipline and to correct the minor faults of jail officers by instruction and by warning without resorting to more severe punishments. The general character of the offender and the nature of his past service shall be duly taken into consideration in deciding on a punishment. But no false notion of kindness should be allowed to influence the decision.

  1. (1) The following penalties may, for good an sufficient reasons be imposed as hereinafter provided upon a subordinate officer, namely :
    • extra drill up to a maximum period of one hour a day for not more than seven days (applies to the warders of the warder establishment only) ;
  • formal reprimand ;
  • fine not exceeding half a moth’s pay ( applicable to

Omitted vide

G.O. No. 406-HJ dt. 27-2-69.

f only) ;     warder staf

  • suspension for any period not exceeding six months ;
  • withholding of increment due ;
  • reduction in a rank or emoluments or both ;
  • removal from office and emoluments ;
  • dismissal ;
  • any combination of the above :

Provided that no person shall be punished in one month with fine exceeding in the aggregate half a month’s pay.

Explanation I.—The discharge––

  • of a person appointed on probation, during the period of probation ; or
  • of a person appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period of his appointment ; or
  • of a person engaged under contract in accordance with the terms of his contract ; or
  • of a person appointed until further orders, when his services are terminated ;

does not amount to removal or dismissal within the meaning of this rule.

Explanation II.—An order of suspension, preliminary to or pending a formal departmental enquiry or prosecution before a Court is not a penalty.

NOTES.––(1)––A fine expressed as pay for a certain number of days, shall be calculated on the pay of the officer plus any local allowance granted to him. Fines shall be deducted in the pay bill from the next pay due.

  • ––Departmental penalty is altogether distinct from punishment under the criminal Iaw and may be inflicted apart from any action taken under the
  • ––Dismissal precludes re-employment in Government service, but removal does
  • No penalty of reduction in rank, removal or dismissal shall be imposed on any subordinate officer by an authority subordinate to that by which he was appointed.
  • Subject to sub-rule (2), the Inspector-General of Prisons and the appointing authority of a subordinate officer shall, save as otherwise provided in sub-rules (4) and (5), be the only authorities empowered to impose upon the subordinate officer any one or more of the penalties specified in sub-rules (1 ) and (8).
  • The Superintendent of every jail may formally reprimand all subordinate officers of such jail and may also impose one or more of the penalties specified in clauses (1), (2) and (3) of sub- rule (1) upon any Head Warder or
  • The Superintendent of a Circle Jail may impose upon any Head Warder or Warder of his circle any penalty specified in sub- rule (1).
  • The Superintendent of a Circle Jail has no power to revise or modify any penalty imposed by a Superintendent of any other jail but if, in any case, he is of opinion that a Head Warder or Warder has been too leniently or too heavily penalised or that the penalty imposed upon him, exceeds the power granted by these rules, he shall report the matter to the Inspector-General of Prisons.
  • Every subordinate officer who shall at any time be convicted of any serious offence by a Criminal Court shall, without prejudice to any other penalties to which he may be liable or subjected, be liable to be dismissed from service on the ground of conduct which led to his conviction on a criminal charge without any formal departmental enquiry being held ;

Provided that the subordinate officer may be retained in service with the sanction of the Inspector-General of Prisons, if after considering the facts and circumstances of the case, he is of opinion that the punishment of dismissal would not be justifiable in the case.

  • A subordinate officer who commits any of the following offences shall be liable to dismissal and may also, if he is subordinate to a Jailor, be liable to prosecution under section 54(1) of the Prisons Act, 1894 (Act IX of 1894), namely :
    • appearing on duty in a state of intoxication from liquor or any drug ;
    • sleeping whilst on guard ;
    • striking a prisoner, except in self-defence or for suppressing an outbreak, or unlawfully punishing any prisoner ;
    • improperly entering or permitting any person to enter the female enclosure or having any improper communication with a female prisoner ;
    • committing or conniving at irregularities in the supply or distribution of food ;
    • employing a prisoner for private purposes contrary to rule 183 of this Code ; and
    • insubordination or insolence to the Jailor or any officer superior to
  • In enquiring into and passing orders upon charges of a minor kind against a subordinate officer, when the penalty imposed is a penalty specified in clause (1), clause (2) or clause (3) of sub- rule (1), it shall be sufficient for the Superintendent of the Jail to record in the Service Book or Service Roll of the subordinate officer concerned, the nature of the offence and the penalty imposed and it shall not be necessary to hold any formal departmental
  • (1 ) When any subordinate officer is accused of an offence deserving any penalty other than those specified in clauses (1), (2) and (3) of sub-rule (1), the Superintendent of the Jail shall hold a formal departmental
  • The proceedings of every formal departmental enquiry shall be recorded in accordance with the provisions or sub-rule (12), and conducted in accordance with the following procedure, that is to say :
    • The specific charge or charges against the subordinate officer shall be framed in writing indicating the steps, proposed to be taken against and the penalty, if any, proposed to be imposed upon the subordinate officer and he shall be furnished with a copy of the said He shall there upon be asked to show cause within such reasonable time as may be mentioned, why such steps should not be taken or such penalty imposed.
    • Witnesses may be produced either on behalf of the Government or on behalf of the subordinate officer. Where any witnesses are examined, the subordinate officer shall be given an opportunity of being present at the time when the witnesses are examined and of putting questions. A memorandum of the evidence of the witnesses shall be kept. No pleader or agent shall be allowed to appear on behalf of the Government or the subordinate officer, except with special permission to be given on sufficient cause shown to the satisfaction of the authority conducting the
    • A reasonable opportunity shall be given to the accused of adducing his evidence which shall be reduced to writing. If he submits any written statement, it shall be filed with the A memorandum shall be made of the evidence of any witnesses examined by the subordinate officer charged in so far as such evidence is relevant to the charge.
    • A recital shall be made of the subordinate officer’s previous character as recorded in his Service Book or office record indicating the date of his appointment, punishments and rewards.
    • A clear and definite finding upon each of the charges framed against the subordinate officer shall be
    • A clear and definite finding as to the penalty to be imposed, except when the officer conducting the enquiry has not the power to punish, shall be recorded.
  • After the  enquiry  has  been  completed   and  after  the punishing  authority has arrived  at provisional  conclusion    in regard to  the  penalty  to  be  imposed, the subordinate  officer shall, if the proposed penalty be dismissal, removal

or reduction, be supplied with a copy of the report of the authority conducting the enquiry and be called upon to show cause, within a reasonable time not ordinarily exceeding one month, against the particular penalty proposed to be imposed. Any representation in this behalf shall be duly taken into consideration before final orders are passed.

  • When orders imposing a penalty are passed by an authority other than the authority conducting the enquiry, it will be sufficient if the authority passing orders definitely records his agreement or disagreement with the authority by whom the enquiry was conducted after perusing the report of such authority and the representation, if any, made by the subordinate officer under clause (3).
  • The record is to be prepared by the authority conducting the enquiry, as the enquiry is proceeded with ; it shall not be written by a clerk after the enquiry has been completed.
  • When any orders imposing a penalty have been passed, the subordinate officer punished shall be entitled to receive a copy of the same free of cost and shall be allowed to take a copy of the rest of the record, either paying for the copy at the usual rates or by providing paper and a copyist at his discretion.
  • In order to preserve the confidential character of correspondences which in the public interest, it is not desirable to disclose, and in order that copies of the whole of the proceedings may without objection be supplied under clause (6) the authority conducting the enquiry shall not base his findings on facts which are of confidential character and which cannot be embodied in the record.
  • (a) The above instructions shall not apply in the case of subordinate officers who are convicted of a criminal offence by a Court of Law and are dismissed or otherwise punished on the ground of conduct which has led to the conviction ;

(b) Where the subordinate officer is absent during the proceedings or any part thereof, although he has been given an opportunity to be present, the authority conducting the enquiry shall record the fact in writing and proceed exparte in accordance with the above instructions.

  • Instructions for drawing up —In recording proceedings against a subordinate officer, the following particulars shall be stated, namely :
    • Name, rank, and grade of officer proceeded
    • —(Charges shall be specific. Each charge shall be drawn up and separately numbered and shall indicate the date, occasion and nature of the offence committed.)
    • Memorandum of Evidence.
  • —If the officer charged can write, he shall be given opportunity to submit his defence in writing. In cases of illiterate men, the Superintendent shall record the defence, if any.
  • Remarks.—(There shall be an analysis of the evidence against and in favour of the officer proceeded against and also the comments of the enquiring )
  • —(Date of appointment, punishment and rewards be noted.)
  • —(Shall be recorded in the form prescribed.)
  • The proceedings shall be forwarded to the authority competent to appoint or dismiss the subordinate officer ; but if the enquiry is held by the Superintendent of a Central Jail or Circle Jail and concerns a subordinate officer whose appointment or dismissal is within his competency, he shall himself pass orders recording them in writing.
  • The enquiry held by a Superintendent of jail under sub- rule (10) and final order passed by him, if any, shall be subject to the control and revision by the Inspector-General of Prisons, who, either on his own motion or on an appeal by any person who considers himself aggrieved, may call for the record of the case and after giving the appellant an opportunity of being heard, pass such orders as may appear to him to be just and
  • Appeals from the decisions of Superintendents of Jails shall lie to, and be disposed of by, the Inspector-General. Appeals from Jail officers still in the service shall be made in writing and be forwarded through their Superintendent ; and to every petition of appeal shall be attached a copy of the Superintendent’s order attested by him.
  • An appeal shall be preferred within the period of two months from the date of communication of the order to the The Inspector-General of Prisons after having once passed an order on any appeal shall not entertain a further petition of appeal on the same subject unless if contains some new or important matter.
  • The following rules shall regulate the presentation of appeals by subordinate officers :
    • Save as otherwise provided in sub-rule (13) a subordinate officer on whom any penalty other than extra drill is imposed may prefer an appeal against the order imposing the penalty to the authority immediately superior to the officer who passed the order of
    • No subordinate officer of the inferior service shall have the right of preferring a second appeal.
    • Subordinate officers in superior service for whom the lnspector-General of Prisons is the appointing

Procedure to be followed in cases which cannot be dealt with departmentally.

Rules 74,193.

Offences in which

prosecution should be instituted.

Rules 325, 906.

Rule 387.

authority and against whom the Inspector-General of Prisons passed the original order imposing any of the penalties referred to in clauses (4), (5), (6), (7), and

(8) of sub-rule (1 ) may prefer appeals to the Secretary to the State Government in the Home (Jails) Department.

  • No pleader or agent shall be allowed to appear on behalf of the Government or the subordinate officer except with the special permission to be given on sufficient cause shown to the satisfaction of the appellate
  • Every appeal preferred under these rules shall contain all material statements and arguements relied on by the appellant and shall contain no disrespectful or improper language.
  • The State Government shall have the power to revise any order passed under these rules, whether it is appealable or not, or whether an appeal has been actually preferred or not, where in the openion of the State Government and order in revision is required in order to deal fairly with the case.
  5. When any subordinate officer is accused of, or suspected to have committed, and offence, and the Superintendent is of opinion I that a prima facie case against such an officer has been made out but the case can not be adequately dealt with departmentally, he shall institute a criminal prosecution against that officer. All such cases and cases of suspension, if any, shall at once be reported to the Inspector-General. Where the Superintendent is in doubt whether to deal with a case departmentally or to institute a criminal prosecution, he should promptly report it to the Inspector-General for
  6. Without prejudice to any other action that may be taken departmentally under sub-rule (10) of rule 194 a prosecution in respect of the following offences, if committed by any jail officer, shall be instituted provided the evidence is such as to make conviction provable, namely :
  • Wilfully or negligently permitting an escape ;
  • Any offence under section 42 of the Prisons Act, 1894, relating to the introduction or supply to prisoners, of forbidden articles, unauthorised communication with prisoners, and abetment of such offences ;
  • being concerned directly or indirectly with any contract for supplies for the jail or receiving any present from a supplier ;
  • any serious offence punishable under the Indian Penal Code or other criminal

Any case in which criminal prosecution is not instituted shall be reported to the Inspector-General.

  7. All subordinate officers who are dimissed or discharged, shall be required to quit their quarters in the jail at once, and shall not be allowed to re-enter the jail premises. An officer under suspension pending decision of a case against him may remain at his quarters, provided no substitute is appointed to act for him but if suspended for a definite period as a punishment, he shall forthwith quit the jail premises. An officer under suspension shall not enter the jail or jail offices or hold any communication with
  8. Claims by subordinate officers to pay and allowances during any period for which they may have been under suspension shall be determined according to the rules 71 and 72 of the West Bengal Service Rules, Part I.
  12. 212A. Deleted. 212B. Deleted.
  13. (1) Upon appointment every non-gazetted officer shall be furnished with a service This will be the record on which the grant of pension will depend and will contain details of every stage of his official life. In it will be entered particulars of his appointment and changes of appointment, transfers, leave, changes of pay, offences and

Rule 179.

Occupation of quarters by jail officer suspended, discharged or dismissed.

Rule 172.

Pay and allowances during period of suspension.

Service Book. Rule 234 and

App. 8.

(Rules 37- 46 of the

W.B.S.R. Part I.)

Appendix 8. Rule 41 of the

W.B.S.R.–– Part I.

Rule 217.

Rules 303 and 304.

W.B.J. Form No. 97.

G.0. No. 2956 H.J.of 3-9-41.

Verification of service.

Rules 217, 303,

304.

Rule 220.

Service Record.

punishments (serially numbered) with brief details of the reasons for punishments awarded.

No estimate of an officer’s character or of his merits and demerits and no periodical assessment of his work will be recorded in his service book, but entries will be made of any commendation or reward officially conveyed or awarded by or through the Inspector- General of Prisons.

  • Every entry in the service book will be made over the full signature of the Superintendent and, in case of warder establishment, will also be simultaneously made in the service register maintained for them.
  • The service book will be kept in the custody of the Jalior or, in the case of the manufactory establishment, of the Deputy Superintendent in the office of the Jail to which the officer is On transfer of an officer his service book after all necessary entries have been made in it and after comparison with the service register maintained under rule 303 and the correction of any discrepancies between the two records and any omissions in either will be sent under registered cover within seven days to the Superintendent of the jail to which he is transferred.

NOTE—Service rolls instead of service books should be maintained for all inferior servants.

  1. It is most important that every service book or service roll should be carefully and accurately kept up and that every erasure should be properly attested, otherwise difficulties may arise as to verification of service when the officer applies for

NOTE—The detailed instructions regarding the annual verification of services as laid down in rule 9 of Appendix 8 of the West Bengal Service Rules, Part 1, should be carefully followed.

  1. Every non-gazetted officer shall also be furnished with a service record (in W.B.J. Form No. 96) which shall be securely attached to his service book. This book when complete shall contain—
    • the “Declaration Form”—W.B.J. Form 89, see  rule 166 ;
    • the “Verification Roll”—W.B.J. Form   95,  see  rule 300 ;
    • the “Record of Issue of Uniform”—See rule 365 ;
    • the “Verification of Service”—See rules 214 and 216 ;
    • the “Results of Examination”—See rule 380 ; and
    • the “Security Bond”—W.B.J. Form 90, see rule 237.

N.B.—The Jailor shall carefully note the instructions printed on the cover.

  1. The Superintendent shall cause the services of every subordinate officer to be entered in detail in his service record (W.B.J. Form No. 96) and shall verify under his signature every such entry from the Pay List and Acquittance The Jailor shall see that under no circumstances the service-roll and service record of a warder are transferred or despatched until every entry required by this rule and by rule 214 has been duly made.
  2. (1 ) For every officer of the superior service except warder establishment there shall be maintained in the office of the Inspector-General a character roll in the form of a personal file in which shall be incorporated the confidential reports periodically submitted by Superintendents and the remarks recorded by the Inspector-General. There shall be attached to the character roll a statement showing all particulars regarding rewards, punishments transfers, leave and promotion.
  • Confidential reports in B.J. Form No. 121 for all executive officers above the rank of a Chief Head Warder and W.B.J. Form No. 122 for all Head Clerks, Clerks, Head Masters, Teachers, Compounders, members of technical staff, etc., both in the General and Manufactory Departments shall be submitted by Superintendents for incorporation in the character rolls maintained in the Inspector-General’s office.
  • Confidential reports shall be submitted by Superintendents

(a) annually in the month of April covering the preceding financial year and (b) upon transfer of either a Superintendent or an officer, should the Superintendent then desire to record any remarks.

  • The Superintendent shall personally record his remarks in the confidential reports after careful consideration so that the character roll maintained in the office of the Inspector-General may be a genuine appraisal of the merits and work of the officer concerned during the period under report.
  • The Inspector-General shall record his own opinion upon the confidential reports at his annual inspections.
  • All unfavourable remarks or defects recorded shall be communicated to the officer reported upon in This communication shall be made direct in the case of unfavourable remarks or defects recorded by the officer preparing the confidential report and he shall furnish to the Inspector-General together with the report a copy of the communication initialled by the officer reported upon. Such unfavourable remarks or defects recorded by the Inspector-General shall be communicated through the Superintendent under whom the officer reported upon is then serving and a copy of the communication initialled as above shall be returned to the Inspector-General.

217A. The Service Register (W.B.J. Register No. 4) in respect of every Chief Head Warder, Head Warder and Warder of a Circle (including Matron and Female Warder) shall be kept in the office of the Circle Jail.

Verification of service to be entered in the Service Record. Jail Cir. No.35 of 1896.

W.B.F. No. 5126.

W.B.F. No. 2435.

Character roll and confidential reports of jail officers.

Service Register of Warder Staff.

G.O. No. 2956-HJ. of 3-9-41.

Classified list of Jail officers.

Principles to be followed in making promotions.

Pension.

G.of B. No.4084-PJ.,

dated 28-11-19.

Jail Circular No. 77 of 1913.

Leave. 

G.O. No. 204 HJ. dated 28-1-50.

Finance Deptt. Memos. 2355-F.,

dated 17-12-48. 694-F., dated

1-4-49 and 584-F.,

dated 21-3-49.

  1. A classified list of Jailors, Deputy Jailors, Head Clerks and Jail Clerks and Discipline Officers and Manufactory Staff and a similar list of the Head Warders and Warders of each circle shall be published annually on the 1st July of each year, and maintained in each Jail.
  2. Promotions in the different grades and appointments will be made on grounds of merit and not of Seniority should be taken into account only when it is impossible to choose between two or more persons on grounds of merit alone. In making promotions, the principles laid down in Chief Minister’s Department (Establishment) Circular No. 1355-Estbts., dated the 17th April 1946 should be borne in mind.
  3. The pension rules in the Civil Service Regulations apply to all jail officers. Services of warders count for pension on the superior Applications for pension or gratuity on retirement in prescribed form shall be submitted to the Inspector-General with the service book or service roll of the officer on whose behalf the application is made, after necessary verification of service, by the Superintendent of the jail in which the officer is serving at the time, not more than one year before the date on which the officer is to leave the service, so that his claim to pension may be verified before he actually quits the service. Attention is invited to chapter XLVII, Civil Service Regulations, the provisions of which must be strictly complied with.
  4. Leave (except casual leave) will be granted in accordance with the provisions of the West Bengal Service Rules by the Inspector-General in cases of all subordinate jail officers (including Chief Head Warders) except Head Warders, Warders, and petty officers and by the Superintendent of Central Jail in the cases of Head Warders and Warders. The Superintendent may grant any subordinate jail officer casual leave, not exceeding fifteen days in any one year, but in the case of warders and Head Warders (including Chief Head Warders) who are inhabitants of (a) Bihar and Assam and (b) States west of Bihar such leave may be extended to sixteen and eighteen days The total amount of casual leave may be given at one time at the discretion of the Superintendent. Particulars of all casual leave granted shall be entered in the Register of Casual Leave (West Bengal Form No. 107).

The Inspector-General of Prisons is empowered to grant casual leave to all whole-time Superintendents and other gazetted officers under the Prisons Directorate up to a limit of fifteen days in a calendar year.

221A. Chief Head Warders, Head Warders and Warders of jails,when granted leave other than casual leave, are allowed free railway and steamer passes to and from their homes once in 4 years. Issue of these passes is subject to the conditions set out in rule 130 of the West Bengal Service Rules, Part II.

Members of the ranks mentioned above are also allowed free single passes from the jails to which they are attached to their homes when they are invalidated out of the service or summarily discharged on medical grounds as unfit for service. This concession is in addition to the concession allowed under rule 130 of the West Bengal Service Rules, Part II.

  1. Applications for the grant of leave other than casual leave from Jailors, Deputy Jailors or Jail Clerks should be submitted to the Inspector-General in West Bengal Form No. 40 in sufficient time and normally not less than one month before the date from which the leave is No leave will be granted, except in case of sickness or urgent necessity, during the months of December and January when the preparation of the annual statistics and report is in hand, or until these are submitted, or when there is much sickness amongst the jail staff except to those sick.
  2. The Superintendent of a District Jail is empowered to grant such leave as may be permissible under the rules applicable to any warder of his jail or affiliated subjail, provided that (1) the period of leave granted shall not exceed four months, and (2) local arrangements can be made, when necessary, for carrying on the work of the absentee: when loccal arrangements cannot be made, or when the period of leave applied for is longer than four months the sanction of the Superintendent of the Circle Jail, who has to provide a substitute, must be obtained. No Head Warder shall be granted any leave other than casual leave except by the Superintendent of the Circle In forwarding applications for leave of Head Warders and warders the Superintendent shall state whether he recommends the request. Applications for leave based on medical grounds shall be accompanied by an expression of opinion from the Medical Officer.
  3. In arranging for the leave other than casual leave of Warders in subsidiary jails, it will be necessary to despatch a Warder from the district jail, and to insist on the subsidiary jail Head Warder and Warders taking their leave in turn. The officiating warder will then pass on to another subsidiary jail, and remain there until the Warders of that jail have had leave in
  4. The Superintendent shall have the power of stopping all leave, and of recalling those who have availed themselves, of it during the prevalence of unusual sickness in the jail, or on the occurrence of any circumstance requiring the presence of the full strength of the jail guard.

Free railway and steamer passes for journey home to certain classes of officers when granted leave or invalidated or discharged on medical grounds.

G.O. No. 4443-HJ., dated 5-12-38.

Authority to whom application for leave is to be submitted.

G.of B. No.408-

Ad., dated 5-5-1916.

G.O. No. 2368-PJ., dated 11-6-1931.

Authority competent to grant leave.

G.O. No. 2368-PJ., dated 11-6-31.

Subsidiary Jail Head Warder and warders to take leave in turn so far as possible.

Superintendent may stop all leave.

Jail staff to be permitted off days in a cyclic order.

Jail Cir. Ietter No. 8905(25)

dated 24-6-40.

G.O. No. 202- HJD., dated 25-10-40.

G.O. No. 1679-HJ., dated 30-8-46 and No. 2116-HJ., dated 9-11-48.

225A. Subject to the exigencies of service in individual jails and if it dose not lead to any disorganisation of work in jails, the jail staff shall be permitted, in a cyclic order, off days, to the maximum possible extent, at suitable intervals and under conditions, as indicated below. It should be clear that this concession cannot be claimed as of right.

  • All executive and clerical staff is to be granted one full day’s or two half days’ off in a fortnight, to be availed only on Saturdays and Sundays. This concession will not absolve any jail officer of his responsibility for proper discharge of his duties as specified in the Jail Code rules and standing In making the roster of off duties, the Superintendent shall make proper arrangements for carrying on the duties of the absentee officers and should see that the Jalior and the Deputy Jailor (or the senior-most Deputy Jalior in jails where there are more than one Deputy Jalior) are not allowed to be absent on the same day. When the Deputy Jailor functions for Jailor under this rule, he shall possess all his powers and responsibilities, as laid down in Jail Code Rule 275.

All permanent members of the warder staff including the Chief Head Warders, Head Warders and Warders are to be granted one full day and night off each in a week.

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