Internal Security Act
Internal Security (Detained Persons) Rules1
1 Extended to Singapore by Modification of Laws (Internal Security and Public Order) (Singapore) Order 1963 — L.N. 231 of 16.9.63.
G.N. No. S 189/1960
REVISED EDITION 1990
(25th March 1992)
[16th September 1963]
2. In these Rules, unless the context otherwise requires —
“close relative” means the husband, wife, child, father, mother, brother or sister of a detained person;
“detained person” means any person detained under an order of detention;
“officer” means the Superintendent, Deputy Superintendent, Chief Rehabilitation Officer, Rehabilitation Officer, Non-Commissioned Officer, Warder or Wardress and includes the officer-in-charge and any police officer;
“officer-in-charge” means the officer-in-charge appointed under rule 6;
“order of detention” means any order for the detention of any person made under section 8 of the Act;
“order of removal” means any order for the removal of any detained person or persons from one place of detention to another made under section 17 of the Act;
“place of detention” means any place specified as a place of detention in any order of detention or order of removal, and includes a rehabilitation centre;
“rehabilitation centre” includes any place declared by the Minister under rule 88 to be a place for the rehabilitation of detained persons or of persons against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act, and who have been admitted on their signed application to reside in such place;
“subordinate officer” means any officer below the rank of Deputy Superintendent;
“Superintendent” includes an officer-in-charge of a place of detention.
—(1) The administration of a place of detention shall be vested in a Superintendent.
(2) The powers and duties of a Superintendent under these Rules may be exercised and performed in the case of the absence or incapacity of the Superintendent by the next senior officer present in the place of detention.
4. Every Superintendent is authorised and required to keep and detain all detained persons duly committed to his custody.
—(1) Subject to the orders of the Minister the control of officers of places of detention shall be vested in the officer-in-charge, who may from time to time make such transfers and direct the employment and distribution of officers as he may think fit.
(2) Subject to the orders of the Minister the general charge and administration of places of detention shall be vested in the officer-in-charge.
7. Subject to the orders of the officer-in-charge, the Superintendent shall supervise and control all matters in connection with any place of detention the administration of which is vested in him, and shall be responsible to the officer-in-charge for the conduct and treatment of the officers and detained persons under his control, and for the due observance by officers and detained persons of the provisions of these Rules and of all written laws, standing orders, regulations and rules relating to detained persons and places of detention.
—(1) The Minister for Health shall appoint a medical officer and a dental officer for each place of detention.
(2) If the circumstances do not permit of the Minister making an appointment under paragraph (1), he may appoint any registered medical practitioner or any registered dentist to be the medical officer or dental officer of any specified place of detention.
(3) Whenever a medical officer or dental officer is, owing to illness or temporary absence or for other sufficient reasons, unable to perform his duties as such medical or dental officer, the Superintendent shall arrange with the Director of Medical Services that such duties shall be performed by a member of the staff of the Medical Department.
—(1) All officers shall be engaged in accordance with the conditions of service applicable to them at the date of their engagement.
(2) Warders shall be under engagement to the Government to serve on the staff of a place of detention from month to month, every such engagement after the first month’s service being held to begin on the first day and to be held determinable on the last day of each successive month.
(3) No officer who shall have served for less than one year shall be entitled without written permission from the officer-in-charge to resign or withdraw from his duties unless he shall have given not less than one month’s notice in writing of his intention to resign.
(4) No officer who shall have served for more than one year shall be entitled without written permission from the officer-in-charge to resign or withdraw from his duties unless he shall have given not less than 3 months’ notice in writing of his intention to resign.
(5) Any officer who contravenes paragraph (3) shall be guilty of an offence and shall be liable on conviction to imprisonment for 3 months and to a fine of $50 and all arrears of pay due to him may be forfeited.
(6) Every person having been accepted for employment as a warder shall, prior and as a condition precedent to such employment, in his own handwriting, answer the questions and sign the declaration set out in the First Schedule, and on signing the declaration such person shall be deemed to have been duly employed as a warder in a place of detention.
(7) (a) Any police officer or any member of the Armed Forces or of any Force established under any written law, who has been appointed by the Minister to be a Superintendent or Deputy Superintendent (referred to in this paragraph as a seconded officer), shall continue and be entitled to serve under the terms and conditions of service applicable to his engagement in the force of which he is a member.
10. A Deputy Superintendent may be promoted by the officer-in-charge with the approval of the Public Service Commission.
11. A subordinate officer may be appointed and promoted by the officer-in-charge with the approval of the Public Service Commission.
12. A subordinate officer who unlawfully or in breach of his engagement absents himself from duty under circumstances which show that he has the intention of not returning to his duty shall be deemed to have deserted, and shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months, and all arrears of pay due to him shall be forfeited.
13. A Superintendent, a Deputy Superintendent and a subordinate officer may be interdicted, suspended or dismissed in accordance with the Instruction Manual for the time being in force:
Provided that, where in the opinion of the officer-in-charge it is essential in the interest of security and discipline of a place of detention that an officer should cease forthwith to exercise the functions of his office, the officer-in-charge may interdict the officer from duty pending an investigation.
14. Every officer shall be provided with such staves, arms, ammunition, uniform and other accoutrements as may be prescribed by the officer-in-charge.
—(1) Every person upon ceasing to be an officer shall forthwith deliver up to the Superintendent of the place of detention in which he is serving at the time of ceasing to be an officer every article of uniform and clothing and all arms, accoutrements, ammunition, staves and other effects of every kind belonging to the Government.
(2) Any person who fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for 3 months and to a fine of $50 and in addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the Court and shall be recoverable as if it were a fine.
(3) Every person not being a person employed by or in a place of detention who shall have in his possession any article being part of the clothing, accoutrements, or other effects supplied to any officer and who shall not be able satisfactorily to account for his possession of the same shall be guilty of an offence and shall be liable on conviction to imprisonment for 3 months and to a fine of $50.
16. The officer-in-charge, and all Superintendents, Deputy Superintendents, medical officers, dental officers and subordinate officers appointed under these Rules shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
—(1) Every officer may use weapons against any detained person escaping or attempting to escape:
Provided that resort shall not be had to the use of any such weapons unless the officer has reasonable ground to believe that he cannot otherwise prevent the escape.
(2) Every officer may use weapons on any detained person engaged in any combined outbreak or in any attempt to force or break open the outside door or gate or enclosure wall of the place of detention, and may continue to use such weapons so long as such combined outbreak or attempt is actually being prosecuted.
(3) Every officer may use weapons against any detained person using violence to any officer or other person, provided that the officer has reasonable grounds to believe that the officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.
(4) Before using firearms against a detained person under the authority conveyed in paragraph (1), the officer shall give a warning to the detained person that he is about to fire on him.
(5) No officer shall, in the presence of his superior officer, use arms of any sort against a detained person in the case of an outbreak or attempt to escape except under the orders of such superior officer.
(6) The use of weapons under this section shall be, as far as possible, to disable and not to kill.
(7) Every police officer, and every member of the Armed Forces or of any Force established under any written law, who is for the time being serving in the capacity of an escort guard or of a guard in or about a place of detention for the purpose of ensuring the safe custody of any detained persons in such place of detention shall be deemed to have all the powers and privileges granted to an officer under this rule.
18. Every officer while acting as such shall have by virtue of his office all the powers, authorities, protections and privileges of a police officer.
—(1) No officer nor any medical officer nor any dental officer shall sell or supply or receive directly or indirectly any benefit or advantage from the sale or supply of any article to or for the use of any detained person or for the use of any place of detention, nor shall any such officer directly or indirectly have any interest in any contract or agreement for the sale or supply of any such article.
(2) No officer nor any medical officer nor any dental officer shall directly or indirectly have any pecuniary interest in the purchase of any place of detention supplies, or receive any discounts, gifts or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with detained persons or with their friends with regard to them or on behalf of any detained person hold any unauthorised communications with any person.
(3) Any person who contravenes any provision of this rule shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months and to a fine of $1,000, and may in addition be dismissed from his office and all arrears of pay due to him may be forfeited.
—(1) No money or other consideration shall on any pretext whatsoever be payable, paid, given or promised by or on behalf of any detained person, either on his entry into, commitment to, continuance in, or discharge from any place of detention, to any officer; and any officer receiving or demanding any such money or other consideration or the promising of such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be guilty of an offence and shall be liable on conviction to imprisonment for 6 months and to a fine of $200.
(2) Any person convicted under this rule may be dismissed from his office, and all arrears of pay due to him may be forfeited.
21. Every Superintendent shall be responsible for seeing that proper records are kept of all such circumstances, and of any correspondence connected with such circumstances, as affect the interests of particular detained persons, and shall bring the cases to the notice of the officer-in-charge after such time, or at such time, or at such intervals, as may be proper in each case.
22. A Superintendent shall keep a Journal wherein he shall record all matters of importance relating to the place of detention or detained persons.
23. A Superintendent shall ensure that a detained person who has complaints or applications to make is allowed to make them, and that the medical officer’s instructions are carried into effect, and the Superintendent shall pay special attention to those detained persons who are in hospital or are undergoing punishment.
—(1) The food of detained persons shall be in accordance with the diet scales set out in the Second Schedule, or such other diet scales as may from time to time be approved by the Minister on the recommendation of the Minister for Health.
(2) A Superintendent shall, from time to time, and not less than once in each week, visit the detained persons and shall enquire into any complaints that may be made regarding the rations and shall take immediate action to remove the cause of any such complaint which appears to be justified. A Superintendent shall ensure that the foodstuffs are of good quality and that every detained person receives the rations to which he is entitled by law and that no deviation from the authorised scale is permitted except by the written authority of the medical officer.
(3) A copy of the diet scales shall be displayed in some conspicuous part of the place of detention.
(4) Scales and standard weights and measures shall be provided for weighing the food supplied to detained persons.
(5) A detained person ordered to be kept on punishment diet shall have substituted for his ordinary diet the punishment diets as prescribed in the Second Schedule, unless otherwise ordered by the medical officer.
25. A Superintendent or the next senior officer shall daily inspect and superintend the issuing of the detained persons’ meals and,whenever possible, shall weigh the rations supplied to the place of detention when delivered by the contractor. A record shall be made of such check in a book kept for the purpose.
26. A Superintendent shall ensure that every article of food supplied for the use of the detained persons is sound and of good quality, and that the scales, weights and measures in use in the place of detention are accurate and in proper order. A Superintendent shall take special care to see that the rations issued are strictly in accordance with the prescribed scales of diet and that every detained person receives the diet to which he is entitled.
—(1) A Superintendent shall, upon the dangerous illness or death of any detained person, give immediate notice thereof to the most accessible known relative of the detained person or of the deceased, as the case may be.
(2) A Superintendent shall, upon the death of a detained person, give immediate notice thereof to the nearest Magistrate or Coroner, as the case may be, and report the death to the officer-in-charge.
28. A Superintendent shall without delay report to the medical officer any case of mental disorder or apparent mental disorder.
—(1) The Minister may permit any responsible person, who has good reasons, to view a place of detention at reasonable hours accompanied by an officer.
(2) Visitors shall give their names and addresses and sign their names in the visitors book and are liable to be searched by order of the Superintendent.
(3) A Superintendent may remove from a place of detention any visitor to the place of detention whose conduct is improper.
30. A Superintendent shall keep or cause to be kept —
an admission register and a record of all detained persons committed, with date of commitment and the date at which such detention will lapse, and the name, age, height, weight, particular marks and general appearance of the detained person and any other particulars which may be required;
a daily release book, in diary form, wherein he shall enter, when admitted, the name of every detained person under the proper date upon which such detained person is to be released;
a detained person’s effects book to be kept in the approved form;
a detained persons’ punishment book, wherein shall be recorded the name of every detained person punished for offences, the punishment inflicted and the name of the officer ordering the punishment and also the certificate of the medical officer as to whether the detained person is physically fit to undergo the punishment as ordered, and the date;
a petty cash account;
an account of all receipts and disbursements;
an unofficial visitors book, containing a record of all unofficial visitors to the place of detention;
an official visitors book;
a list of books and documents committed to his care;
a fine and reward account book, showing the amount and disposal of all fines and forfeitures levied from the staff; and
such other books or records as the officer-in-charge may direct.
31. A Superintendent shall, without delay, submit to the officer-in-charge, for transmission to the Minister any petition received from a detained person.
—(1) Money and all other articles whatever in possession of, or sent in to, any detained person, not expressly allowed by these Rules, shall be taken from such detained person. Such property shall be inventoried in the register of property, which shall be signed by the detained person.
(2) Any article of a perishable or dangerous nature may be destroyed.
(3) A Superintendent shall take particular care to see that every precaution is taken to ensure the safe custody of detained persons’ property and to prevent the loss or misappropriation of any such property.
33. A Superintendent shall report to the officer-in-charge all escapes, serious assaults, outbreaks of disease or any occurrences of an unusual or serious nature.
34. In cases of sudden emergency a Superintendent shall take such action as may in the circumstances be necessary, entering the particulars in his journal, and forthwith making a report of the same to the officer-in-charge.
35. A Superintendent shall keep strict surveillance over the expenditure of such public money as may be allocated to the place of detention; and he shall ascertain that all moneys received are properly accounted for.
—(1) A Superintendent shall ensure that every detained person is strictly searched on admission, and that all knives, weapons, instruments, money, opium, or anything forbidden by these Rules, or in his opinion objectionable, or anything likely to facilitate escape, are taken from the detained person. A Superintendent may cause any dangerous or objectionable article to be destroyed.
(2) A woman detained person shall be searched only by a Wardress.
—(1) Every subordinate officer shall submit himself to be searched within a place of detention or within his quarters, and likewise he shall submit to the search of his quarters by a Superintendent or by any other officer in accordance with such directions as the Superintendent may see fit to give.
(2) Women officers shall be searched only by other women.
38. Subordinate officers shall not be absent from a place of detention during hours of duty without leave from the Superintendent, and before leaving the place of detention at any time they shall leave their keys, arms and books in the place or places appointed.
39. No officer or any person employed in the place of detention shall make any unauthorised communication concerning any place of detention or detained person whatever, and shall not, without the written authority of the officer-in-charge, communicate to the public press information derived from official sources or connected with his duties or the place of detention, and any such communication by an officer without authority will be regarded as a breach of confidence and will render him liable to dismissal.
40. The Senior Wardress shall reside in such quarters as may be assigned to her. She shall not be absent from her quarters without leave from the Superintendent except during such hours as shall from time to time be fixed by him; and in case of such absence the next senior woman officer shall have the same powers and be subject to the same responsibilities as the Senior Wardress.
41. The Senior Wardress shall search, or cause to be searched, every woman detained person on admission and so often afterwards as may be directed by the Superintendent or as she thinks necessary.
42. A subordinate officer who shall be guilty of any of the following disciplinary offences, namely:
absence from duty without good cause;
sleeping on duty;
neglect or disobedience of orders;
being under the influence of alcohol or drugs while on or off duty;
neglect of duty;
wilful destruction of or careless loss of or damage to Government property;
using personal violence to any detained person except in the case of —
defence of any other officer, person or detained person;
instigating or permitting any detained person to commit any crime or offence against place of detention discipline;
allowing unauthorised persons to communicate with detained persons;
borrowing money from or lending money to any other officer;
bringing spirituous or fermented liquor or any prohibited article into the place of detention;
being improperly dressed when in uniform;
reporting late for duty;
losing supervision over the detained persons in his or her charge;
selling or making away with any part of his or her uniform equipment or accoutrements;
trafficking with detained persons;
using personal violence or threats towards any officer;
any other conduct to the prejudice of good order or discipline or the security of a place of detention or in violation of these Rules,
shall be liable to any one or more of the following punishments:
summary dismissal, subject to confirmation by the officer-in-charge;
reduction in rank, subject to confirmation by the officer-in-charge;
forfeiture of not more than one month’s pay;
the stoppage or deferment of any increment of salary which that officer may be eligible for;
severe reprimand; and
Provided that in case of absence without good cause forfeiture of pay may extend to the period of absence in addition to any other punishment inflicted:
And provided that on conviction under paragraph (7) any such officer shall be liable to pay the value of the property destroyed, lost or damaged.
43. A subordinate officer may appeal to the officer-in-charge against any punishment ordered under rule 42 and the officer-in-charge may reduce or confirm any such punishment.
—(1) If it shall appear to a Superintendent that an offence punishable under rule 42 is of such a grave character as to require a more severe punishment than any therein prescribed, then the Superintendent shall direct that the person accused be charged before a Magistrate, and such person shall be liable on conviction to imprisonment for 6 months and to a fine of $500:
Provided that if the offence relates to the destruction or loss of or injury to Government property the person convicted shall in addition be liable to pay the value of the property destroyed, lost, or injured, which value shall be summarily ascertained by the Court and shall be recoverable as if it were a fine.
(2) A subordinate officer convicted by a Magistrate under this rule shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.
—(1) An officer who shall assault, threaten or insult any officer senior to him when the senior officer is on duty or when the assault, threat or insult shall relate to or be consequent upon the discharge of duty by the officer so assaulted, threatened or insulted, shall be guilty of an offence and shall be liable on conviction before a Magistrate to imprisonment for 6 months and to a fine of $500.
(2) Any person convicted under this rule shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him be forfeited.
46. Every —
(1) person who without lawful authority —
conveys, supplies or causes to be supplied or conveyed to any detained person, or hides or places for his use any letter or document or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article whatsoever;
brings or attempts by any means whatever to introduce into any place of detention, or places or attempts to place where detained persons shall labour, any letter or document or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article to be sold or used therein;
brings or attempts to bring out of any place of detention, or conveys from any detained person any letter, document or other article; or
communicates with any detained person; and
(2) officer who without lawful authority —
knowingly suffers any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions, letter, document or other article to be sold to or received or used by or on behalf of any detained person;
lends or gives to any detained person any such intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or other articles; or
knowingly suffers any letter, document or other article to be brought into or out of any place of detention, or to be conveyed to or from any detained person,
shall be guilty of an offence and shall be liable on conviction by a Magistrate to imprisonment for 6 months and to a fine of $1,000, and an officer shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.
47. All pay which is forfeited by fines inflicted upon officers under these Rules shall be paid into a fund to be called the “Officers’ Reward Fund”. This Fund shall be administered by the Superintendent in accordance with rules to be made by the officer-in-charge.
48. A detained person who is being removed or transferred from one place of detention to another, or for whose production at any place an order has been made, shall, while outside a place of detention be deemed to be in the lawful custody of the Superintendent of the place of detention from which he is being removed or transferred.
49. Every detained person shall be supplied with bedding adequate for warmth and health in accordance with a scale approved by the officer-in-charge. Additional bedding may be authorised in special circumstances on the recommendation of the medical officer.
50. A Superintendent shall be responsible for the due discharge of all detained persons immediately upon their becoming entitled to release.
—(1) If a detained person escapes by breach of a place of detention or otherwise out of custody, he may be retaken in the same manner as a person convicted of crime against the law of Singapore may be retaken on an escape.
(2) Any person who is guilty of the offence of so escaping or of attempting to escape, or of aiding or attempting to aid any such detained person so to escape, shall be deemed to have committed an offence against the law of Singapore, and may be tried and punished accordingly.
52. The medical officer shall, if necessary, attend at the place of detention daily.
53. The medical officer shall examine every detained person sentenced to punishment for any offence before any such punishment is carried out and certify whether in his opinion the punishment can be inflicted without the probability or serious injury being caused thereby. He shall examine every detained person prior to discharge and prior to transfer to any other place of detention. He shall visit such of the detained persons as are sick; he shall see every detained person sentenced to close confinement once a day.
54. The medical officer shall enter in a case book, to be kept in the place of detention and accessible to the Superintendent, an account of the name, disease, state and treatment of every sick detained person. He shall keep a journal in which shall be entered day by day his comments on the state of the place of detention and detained persons.
55. The medical officer shall report to the Superintendent the case of any detained person whose mind has been or appears likely to be injuriously affected, and give such written directions in the case as he may think proper. He shall report in writing the case of any detained person appearing to be mentally disordered.
56. The medical officer shall report in writing to the Superintendent the case of any detained person to which he thinks it necessary on medical grounds to draw attention, and shall make such recommendation as he considers needful for the alteration of the discipline or treatment of the detained person or for the supply of additional articles to the detained person. The Superintendent shall so far as is practicable carry into effect any written recommendation made by the medical officer.
57. Whenever the medical officer either on his own observation or on report by the Superintendent is of the opinion that the life of any detained person will be endangered by his continuance in a place of detention or that any sick person will not survive his detention or is totally and permanently unfit for place of detention discipline, he shall state his opinion, and the grounds therefor, in writing to the Superintendent, who shall forward the same to the officer-in-charge.
58. At least once in every month the medical officer shall inspect every part of the place of detention with special reference to the sanitary state of the place of detention, the health of the detained persons and adequacy and proper cooking of the diets; and he shall ensure that the body weights of detained persons are properly recorded and shall periodically review them.
59. The medical officer shall forthwith, on the death of any detained person, enter in his case book the time when the illness, if any, was first observed; when it was first reported to him; when it assumed a dangerous character; the nature of the disease or other cause of death; the time of death and an account of the appearance after death, together with any special remarks that appear to him to be necessary; and the result of post-mortem examination, if any.
60. The medical officer shall frequently examine the food of the detained persons, cooked and uncooked, and shall report in writing to the Superintendent as to the quality of the provisions, and any deficiency in the quantity, or defect in the quality, of the water, or any other cause which may affect the health of the detained persons.
—(1) The medical officer shall give directions in writing for separating detained persons having infectious or contagious diseases; for cleansing and disinfecting any room or cell occupied by any such detained person; and for cleansing, disinfecting, or destroying, if necessary, any infected apparel or bedding, which the Superintendent shall forthwith carry into effect.
(2) The medical officer shall in the case of the occurrence of any epidemic, or highly infectious or contagious disease, or of any other circumstances affecting the health of the detained person requiring unusual measures, make immediate report to the Superintendent without waiting for the time of any periodical report.
—(1) In the case of a contagious or infectious disease occurring in any place of detention it shall be lawful to remove any of the detained persons from the place of detention to any other place and such removal may be made in pursuance of an order under the hand of the officer-in-charge.
(2) Such other place as aforesaid shall be deemed during the continuance of any detained person therein to be a part of the place of detention from which the detained person was so removed, and when such disease shall have ceased, any detained person so removed from any place of detention shall be taken back to the place of detention from where he was removed, if still liable to be confined therein.
—(1) Whenever a detained person appears to a medical officer to be mentally disordered he may direct that the detained person be removed to any mental hospital or other fit place of safe custody and be there detained, and an order of removal signed by the officer-in-charge shall be authority for the reception of the detained person and for his detention therein until removed or discharged as provided in paragraph (2).
(2) Where a detained person who is detained in a mental hospital under these Rules is in the opinion of the medical officer in charge of such mental hospital no longer mentally disordered the medical officer shall report accordingly to the officer-in-charge who shall, by order, direct the return of the detained person to the place of detention from where he was removed or to any other place of detention.
—(1) In the case of serious illness of a detained person, other than a detained person referred to in paragraph (2), confined in a place of detention in which there is no suitable accommodation for such detained person, the Superintendent may, on the certificate of a medical officer, make an order for his removal to a Government hospital.
(2) Where a detained person confined in a place of detention appears to the officer-in-charge, on the certificate of a medical officer, to be a leper the officer-in-charge may, by order in writing, direct his removal to any Government hospital, there to be kept and treated until cured of his leprosy.
65. So soon as, in the opinion of the medical officer in charge of any Government hospital, it is no longer necessary that any detained person who shall have been removed to the hospital should remain therein, he shall transmit to the Superintendent of the place of detention from where the detained person was removed a certificate, stating that such necessity has ceased, and thereupon the Superintendent shall forthwith cause the detained person to be brought back to the place of detention if he is still liable to be confined therein.
66. If any detained person shall escape during such time as he is in any Government hospital, no officer shall be held answerable therefor, unless the detained person shall have been in the personal custody of that officer.
67. Every precaution shall be taken by the medical officers and other officers of any Government hospital to prevent the escape of detained persons who may at any time be under treatment therein, and it shall be lawful for the officers to take such measures for preventing the escape of any such detained persons as shall be necessary, provided that nothing be done under the authority hereof which in the opinion of the medical officers is likely to be prejudicial to the health of the detained persons.
68. Where a Superintendent considers it desirable to take special measures for the security of such detained person while under treatment in any Government hospital, it shall be lawful for him to give the detained person into the charge of fit and proper persons not being less than two in number, one of whom at the least shall always be with such detained person day and night, and such persons shall be vested with full power and authority to do all things necessary to prevent the detained persons from escaping, and shall be answerable for his safe custody until such time as he is handed over to an officer on his discharge from that hospital.
69. The medical officer shall examine all candidates for employment as officers or employees of a place of detention and report whether they possess the necessary qualifications as to health and strength.
70. The rules applicable to medical officers shall apply, so far as may be, to dental officers.
71. A Superintendent may punish any detained person found after due enquiry to be guilty of a minor offence as hereinafter specified by ordering him to undergo one or more of the following punishments:
confinement in a punishment cell for a term not exceeding 5 days on punishment diet;
deprivation for such period as the Superintendent may think fit of any privilege, whether relating to food, books, clothing, luxuries of any description, letters, visitors, or any other matter whatever, of which he may be in enjoyment; or
72. A Superintendent may punish any detained person found after due enquiry to be guilty of an aggravated offence as hereinafter specified by ordering him to undergo one or more of the following punishments:
confinement in a punishment cell for a term not exceeding 7 days on punishment diet;
deprivation for such period as the Superintendent may think fit of any privilege, whether relating to food, books, clothing, luxuries of any description, letters, visitors, or any other matter whatever, of which he may be in enjoyment; or
73. The following shall be deemed to be minor offences:
shouting or making unnecessary noise within a place of detention;
quarrelling with any other detained person;
assaulting or taking part in any attack on any other detained person;
doing any act or using any language calculated to wound or offend the feeling and prejudices of any other detained person;
using any abusive or indecent language or indulging in any indecent act or gesture;
committing any nuisance in any place of detention;
treating with disrespect any Judge, District Judge, Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;
refusing without reasonable excuse to eat the food provided in the place of detention;
wilfully destroying food or throwing it away without orders;
omitting or refusing to keep his person clean or disobeying any order designed to preserve the health of detained persons;
tampering in any way with books, lights or other fixtures or fittings in a place of detention;
stealing or without reasonable excuse interfering with the clothing or property of any other detained person;
spitting on or otherwise soiling any floor, door, wall or other part of the place of detention or any article therein;
wilfully or negligently damaging or destroying any article or thing whatsoever assigned for his use or entrusted to him by the authorities of the place of detention;
wilfully or negligently damaging or destroying any Government property to which he may have access;
refusing to undergo medical treatment;
refusing or neglecting to comply with any reasonable order or direction brought to his notice in any manner;
making any false accusation against any officer or any person employed in or in connection with a place of detention; and
74. The following shall be deemed to be aggravated offences:
escape or attempt to escape;
taking part in any assault or attack on any Judge, District Judge, Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;
aggravated or repeated assault on any other detained person;
aiding or abetting the commission of any aggravated offence;
inciting the commission of any offence; and
the commission of any minor offence by any person who has on two or more previous occasions been punished under rule 71.
75. Every detained person sentenced to dietary punishment shall be sent to the medical officer for examination, and a certificate that its infliction will not, in his opinion, be injurious to health shall be obtained by the Superintendent before it is carried out.
76. Whenever a detained person is sentenced to undergo close confinement in a punishment cell for a period exceeding 3 days on a punishment diet, he shall be given full diet on every fourth day.
77. Confinement in the punishment cells shall not exceed an aggregate of 90 days in a year for any one detained person and the execution of any two consecutive sentences shall be separated by a period not shorter than the longer of such sentences.
78. A detained person sentenced to confinement in a punishment cell shall see no one except officers in the execution of their duty, a minister of religion, his legal adviser, and the medical officer, and shall only have such out-door exercise as the latter certifies is absolutely necessary for health. Every detained person confined in a punishment cell or subjected to punishment diet shall be visited at least once a day by the Superintendent and the medical officer, and if he is confined in a punishment cell he shall be visited by the appointed officer at intervals of not more than 3 hours during the day.
79. So far as may be reasonably practicable, and subject to the directions of a Superintendent as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline, provided that all such articles are received or bought through the Superintendent, who may impound any article the possession of which is prohibited by the rules of the place of detention or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place of detention.
—(1) A person under detention may, as far as is consistent with the proper discipline of the place of detention, have the use of books and papers, provided that all such articles are received or procured through the Superintendent.
(2) A Superintendent may detain any paper or book which, in his opinion, subject to an appeal to the officer-in-charge, contains any objectionable matter.
—(1) A detained person shall, consistent with the proper discipline of the place of detention and subject as is hereinafter provided, be entitled to visits from his close relatives and legal advisers. In the absence of any close relatives, the Superintendent may grant permission for other relatives or friends to visit the detained person.
(2) No detained person shall, except with the express permission of the Superintendent, receive more than one visit a week from his close relatives.
(3) Not more than two persons shall be admitted to visit a detained person at any one time.
(4) No visit shall last more than 30 minutes.
(5) A Superintendent or an officer, or in the case of a visit to a woman detained person, a woman officer shall, together with an interpreter in any case where the officer does not understand the language spoken, be in sight and hearing during the whole of any visit to a detained person, unless the Superintendent by an order in writing sees fit to dispense with any of the above requirements.
(6) A Superintendent may remove from a place of detention any visitor to a detained person if the conduct of the visitor or detained person is improper.
—(1) Every visitor to a detained person shall furnish the Superintendent or an officer authorised by the Superintendent with his name and address and, if the Superintendent or the officer has any ground for suspicion, he may search or cause to be searched male visitors and may direct a woman officer to search women visitors, but such search shall not take place in the presence of any detained person or of another visitor.
(2) If any visitor refuses to be searched or if a Superintendent or such authorised officer is of opinion that the admission of the visitor would be prejudicial to security or good order in the place of detention, the Superintendent or the officer may deny him admission, recording the grounds of his refusal in the journal.
(3) If any article is found as the result of a search which, in the opinion of a Superintendent or such authorised officer, is prohibited by the rules of the place of detention or likely to be dangerous to the health or life of any detained person or likely to facilitate escape from the place of detention, he may impound the article.
—(1) A detained person may, consistent with the proper discipline of a place of detention, receive one letter and send one letter in any week.
(2) A Superintendent or an officer authorised by him shall read every letter written by or addressed to any detained person and if he considers it to contain any objectionable matter he shall detain it.
(3) The decision of the Superintendent shall, subject to an appeal to the officer-in-charge, be final.
84. Detained persons shall not be required to do any labour other than that which is necessary for keeping their rooms, furniture and utensils clean and the place of detention clean and in good order, and for the preparation of food, but shall do any work for any such purpose which the Superintendent may direct them to perform.
—(1) The Minister may appoint any two or more persons to constitute a Board of Inspection (referred to in this rule as the Board) for a place of detention.
(2) The Board may visit the place of detention at any time and shall visit the place of detention at least once in every month.
(3) The Board shall be entitled to inspect any part of the place of detention and shall in particular visit the sick in hospital and enquire into the condition of persons undergoing punishment in cells.
(4) The Board shall hear any complaint (not being a complaint relating to the validity of a detention order or relating to the grounds on which a detention order was made) which any detained person may wish to make, and it shall be the duty of the Superintendent to inform the Board of any detained person who wishes to make a complaint. The hearing of a complaint shall be as informal as possible.
(5) A minute book shall be provided at the place of detention in which the members of the Board shall record their visits and may enter any remarks and recommendations which they wish to make. A certified copy of the entries in the minute book for the preceding month shall be transmitted to the Minister on the first day of each month.
86. The Superintendent may, for the purpose of promoting the well-being of detained persons, require them to participate in such recreational, vocational and other programmes as may be determined by the Minister from time to time:
Provided that sick, convalescent and other detained persons may, on the recommendation of a medical officer or for such other reason as the Superintendent may think fit, be exempted by the Superintendent from participating in any such programme.
—(1) The Minister may by order in writing declare any place to be a place for the rehabilitation of detained persons or of persons against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act, and who have been admitted on their signed application to reside in such place.
(2) The Minister may by such order —
define the boundaries of any such place;
prohibit the entry into any such place of any person unauthorised in that behalf by him or the Superintendent of such place;
relax, modify, suspend, replace or add to or authorise the Superintendent of such place, by standing orders to relax, modify, replace or add to in respect of such place the provisions of these Rules or any of them for the purpose of extending the privileges of all or certain classes of persons detained therein or for conferring additional privileges upon them, subject in either case to such conditions, qualifications or restrictions as may be specified in the order; and
authorise the Superintendent to issue from time to time standing orders for the maintenance of discipline and good order in such place.
(3) Any person without lawful excuse entering any such place in contravention of the provisions of any order made under paragraph (2) shall be guilty of an offence and shall be liable on conviction to 6 months’ imprisonment.
(4) The provisions of these Rules and of any order made under paragraphs (1) and (2) and of any standing orders made thereunder shall, except as otherwise expressly provided therein, apply to any person, against whom an order of detention has been made but the operation thereof suspended under section 10 of the Act and who has been admitted on his signed application to reside in such place, in the same manner in all respects as they apply to a detained person residing therein.