Kerala Prisons and Correctional Services (Management) Act, 2010
No: 9 Dated: May, 12 2010
Kerala Prisons and Correctional Services (Management) Act, 2010
(Act No. 9 of 2010)
An Act to provide for the safe custody, correction, reformation, welfare and rehabilitation of prisoners and management of prisons and correctional services in the State and for matters connected therewith or incidental thereto
Preamble. - Whereas, it is expedient to provide for the safe custody, correction, reformation, welfare and rehabilitation of prisoners and management of prisons and correctional services in the State and for matters connected therewith or incidental thereto
Be it enacted in the Sixty first Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title extent and commencement. - (1) This Act may be called the Kerala Prisons and Correctional Services (Management) Act, 2010
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(i) "Act" means the Kerala Prisons and Correctional Services (Management) Act, 2010;
(ii) "adolescent offender" means,-
(a) any person who has been convicted of any offence punishable with imprisonment, or who having been ordered to give security under section 117 of the Code of Criminal Procedure, 1973, has failed to do so and who at the time of such conviction or failure to give security is not less than 18 years, but not more than 21 years of age, or.
(b) any person who has been committed to prison custody during the pendency of his trial and who at the time of his commitment, is not less than 18 years and not more than 21 years of age.
(iii) "adult prisoner" means any prisoner who is more than 21 years of age,
(iv) "after care home" means an institution established by the State Government for the financial and social rehabilitation of released prisoners for becoming normal and good citizens.
(v) "after care service" means a service or activity aimed for the financial and social rehabilitation of released prisoners for enabling them to lead a life as that of a good citizen,
(vi) "civil prisoner" means by prisoner who is not a criminal prisoner,
(vii) "competent authority" means any authority having power under any law to issue an order of detention or any officer having jurisdiction and authority under any law for the time being in force to deal with a particular matter in question,
(viii) "confinement" means confinement in a prison, and includes detention in a prison under any law providing for preventive detention,
(ix) "convicted prisoner" means any person committed to a prison in respect of whom any order of conviction has been made by any competent court and includes a person committed to the custody of a prison in default of payment of fine or furnishing security under an proceeding under section 107, 108, 109 and 110 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
(x) "correctional services" means the services maintained by the State Government for proper management, administration, functioning of prisons and reformation of prisoners to become good citizens,
(xi) "criminal prisoner" means any person committed to custody under writ, warrant or order of any court or authority exercising criminal jurisdiction or by order of a Court Martial,
(xii) "dangerous prisoner" means any prisoner who is violently predisposed or showing violent disposition continuously or likely to escape from prison,
(xiii) "Deputy Inspector General" means the Deputy Inspector General of Prisons and Correctional of the State,
(xiv) "detenue" means any person who has been committed to a prison by warrant, writ or order issued by a competent authority under any law providing for preventive detention and includes any person detained without trail under any law for the time being in force.
(xv) "Director General" means the Director General of Prisons and Correctional Services of the State,
(xvi) "escort visit" means visit under escort to any place, of a prisoner who is not eligible for emergency leave for a period not exceeding twenty four hours excluding journey time for to and fro,
(xvii) "Fund" means the Kerala Prisoners' Welfare Fund established under section 70,
(xviii) "Government" means the Government of Kerala,
(xix) "habitual offender" means a habitual offender as defined under clause (d) of section 2 of the Kerala Habitual Offenders Act, 1960 (28 of 1960),
(xx) "history ticket" means the ticket exhibiting such information as is required in respect of a prisoner under the Act or Rules made thereunder,
(xxi) "inmate" means any person kept in an institution,
(xxii) "Inspector General" means the Inspector General of Prisoner and Correctional Services of the State,
(xxiii) "institution" means a place, where prisoners are kept,
(xxiv) "lunatic criminal prisoner" means a criminal prisoner who,-
(a) is of unsound mind at the time of his admission into a prison or thereafter, but before conviction,
(b) is of unsound mind at the time of conviction or thereafter,
(xxv) "Medical Officer" means a Gazetted Officer of the Government designated as such under the Act and includes a medical practitioner declared as such by general or special orders of the Government to be a Medical Officer for the purposes of the Act,
(xxvi) "medical subordinate" means a qualified Medical Assistant,
(xxvii) "military prisoner" means a prisoner committed to a prison on conviction by a Court Martial,
(xxviii) "non-habitual offender" means a person who does not habitually engage in offences,
(xxix) "notification" means a notification published in the Official Gazette,
(xxx) "offence" means an Act or omission made punishable by any law for the time being in force,
(xxxi) "parole" means the system of releasing the prisoners temporarily for such period by following such procedures and conditions, as may be, prescribed,
(xxxii) "prescribed" means prescribed by rules made under this Act,
(xxxiii) "prison" means any jail or place used permanently or temporarily under the general or special order of the Government for the detention of prisoners and includes all lands and buildings appurtenant thereto, but does not include,-
(a) any place for the confinement of prisoners who are exclusively in the custody of the Police,
(b) any place specially appointed by the Government under section 417 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),
(c) any place which has been declared by the Government by general or special order to be a special prison,
(xxxiv) "prisoner" means an under trial prisoner or a convicted prisoner or a civil prisoner and includes a prisoner remanded under the orders of a competent authority,
(xxxv) "prohibited article" means any article, the bringing or removing of which, in and out of prison, is prohibited either under this Act or under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) and the rules made thereunder,
(xxxvi) "rehabilitation assistance" means any assistance including financial assistance given to a released prisoner for the purpose of his rehabilitation,
(xxxvii) "remanded prisoner" means any person who has been remanded by Court to custody or by any other authority exercising power to remand a person to prison, pending trial or investigation by Police or any other agency or authority enforcing law,
(xxxviii) "remission" means the system of regulating the award of marks and consequent shortening of sentences of prisoners in jails or prisons in accordance with the rules made under the Act,
(xxxix) "rule" means a rule made under this Act,
(xl) "Scheme" means the Kerala Prisoners' Welfare Fund Scheme framed under section 70,
(xli) "security prisoner" means any prisoner from whom there is a threat to the society or to the Security of the State,
(xlii) "State" means State of Kerala,
(xliii) 'superintendent" means the officer who is appointed, as superintendent of a prison and includes an officer posted in charge of a prison,
(xliv) "undertrial prisoner" means a person who has been committed to prison by Court or competent authority pending trial of a case against him.