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OrdinancesNos. 16 of 1877,

I of 1883,24 of 1890,3 of 1894,

14 of 1907,17 of 1916,4 of 1923,

50 of 1935.53 of 1939,3 of 1940,9 of 1941,

41 of 1944.12 of 1945,

ActsNos. 10 of 1948,

12 of 1952,35 of 1952,21 of 1958,6 of 1980.

Short title.

CHAPTER 54

PRISONSAN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW

RELATING TO PRISONS.

[1st May, 1878.]1. This Ordinance may be cited as the Prisons

Ordinance.

PART I

ESTABLISHMENT AND OFFICERS OF PRISONS

Establishmentof prisons.

Prisons may beclosed and newprisonsestablished.

2. The prisons situated at the places mentioned in theSchedule shall he or continue to be prisons for the reception ofprisoners of every description committed or remanded underthe authority of any court, having jurisdiction within any partof the districts or limits set opposite the name of such placesrespectively in the said Schedule :

Provided always that it shall be lawful for the Minister, byOrder, at any time or from time to time to close any of theprisons mentioned in the Schedule, or to make ay alteration inthe districts or limits within which any such prisons areappointed, and also to establish any other prison or prisons forSri Lanka or for any part thereof, and any such Order to revoke,alter, or amend; and every prison so established shall becomesubject to the provisions of this Ordinance in the same manneras if such prison had been mentioned in ihc Schedule.

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PRISONS [Cap. 54

3. Whenever it appears to the Minister that thenumber of prisoners in any prison is greater than canconveniently or safely be kept therein ; or wheneverfrom the outbreak of epidemic disease within any prisonor for the performance of labour or for any other reasonit is desirable to provide for the temporary shelter orsafe custody of any prisoners without the walls of anyprison, provision shall be made in such manner as theMinister may from time to time specially or by anygeneral rules to be made in the manner provided insection 94 direct, for the temporary shelter or safecustody without the walls of the prison of so many ofthe prisoners as cannot be conveniently or safely kepttherein. Prisoners for whom such shelter or custodyis provided as aforesaid shall be subject to the provi-sions of this Ordinance and to any rules to be madeunder section 94 in the same manner in every respectas if they were within a prison.

Temporary-shelter ofprisoners.

4. It shall be lawful for the Minister or the Commis-sioner-General, by writing under his hand, to direct the removalof any prisoner from one prison to another ; and suchwriting shall be sufficient warrant for the Superinten-dent or the jailer of the prison, to which such prisonershall be so directed to be removed, to receive and detainsuch prisoner and deal with him according to law.

Minister orCommissioner-Generalmay removeprisonersfrom oneprison toanother.[§ 2, 53 of 1939.]

5. The warrant or sentence of any Judge, Magistrate,commiting any person for any offence cognizable by suchJudge or Magistrate to any prison wherein such person may belawfully detained, shall be good and sufficient, whether suchprison shall or shall not be within the jurisdiction of suchJudge or Magistrate.

6. (1) There may be appointed—

(a) a person, by name or by office, to be or to act asCommissioner-General of Prisons.

(b) a person, by name or by office, to be or to act asCommissioner of Prisons.

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Warrants ofcommitment byJudges, &c.,when good outof theirjurisdiction.

Appointment ofCommisioner-General andCommisionerof Prisons.[§ 2, 41 of 1944.][§ 2, 10 of l948.]

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Direction andcontrol ofprisons.[§ 3, 41 of 1944.]

[§ 3, 41 of 1944.]

(2) The general direction and administrative controlof all prisons in Sri Lanka shall, subject to the ordersof the Minister , be vested in the person for the t imebeing holding the office of Commissioner-Generalof Prisons.

(3) Any power, duty or function vested in, orimposed or conferred upon, the Commissioner-General, by thisOrdinance or by any other written law may, subjectto such general or special directions as may be issuedin that behalf by the Commissioner-General withthe approval of the Minister, be exercised,performed or discharged by the person for thetime being holding the office of Commissionerof Prisons.

Prisonofficers.[§ 4, 53 of 1939.]

Appointmentand super-vision ofmedicalofficers andapothecaries.[§ 5, 53 of 1939.]

7. (1) The staff of every prison shall consist of aSuperintendent, a medical officer, a jailer and suchnumber of subordinate officers as the Minister mayin each case determine.

(2) In any case where the Minister deems it neces-sary the staff of a prison may also include one or moreof any of the following classes of officers, namely,Assistant Superintendents, Probationary Superinten-dents, assistant medical officers, deputy jailers, andapothecaries.

(3) In every prison in which female prisoners aredetained there shall be at least one female officer.

(4) In every prison there shall be at least one officercompetent to interpret the Sinhala language and oneofficer competent to interpret the Tamil language.

8. (1) The medical officer, assistant medical officer orapothecary required for any prison shall be posted tosuch prison by the Director-General of Health Services withthe concurrence of the Commissioner-General.

(2) The medical officer, assistant medical officer orapothecary of a prison shall, for the purposes of section81, be deemed to be a prison officer ; but shall in allother respects be under the supervision and control ofthe Director-General of Health Services.

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PRISONS [Cap. 54

9. All appointments of any such officers as aforesaidheretofore made shall be deemed to have been madeunder the provisions of this Ordinance.

10. (1) Every prison officer shall, for the purposes ofthis Ordinance, be deemed to be always on duty.

(2) Every prisoner while being taken to or from anyprison or while working outside prison walls or remain-ing for any other authorized purpose under the custodyand control of any prison officer beyond the limits ofany prison, shall be deemed to be in prison and to besubject to the discipline prescribed by this Ordinanceand the rules made thereunder.

Pastappointmentsvalid.

Officers to bedeemedalways to beon duty andprisonersalways underdiscipline.

11. All prison officers shall be provided with suchweapons including batons, staves, arms, ammunition andaccoutrements as may be prescribed by rules madeunder section 94.

Weapons and arms forprisonofficers.[§ 7, 53 of 1939.]

11A. (1) The Minister may, with the concurrence of theMinister in charge of the subject of Finance, make rules provid-ing for the establishment and operation of a scheme for the grantof compensation to any prison officer who is permanently totallyor partially disabled, or to the legal heir or heirs of any prisonofficer who is dead, in any case where such disablement or death,as the case may be, is due to any injury—

(a) received by such officer while on duty, or

(b) received by such officer while not on duty in the perform-ance of some act which is within the scope of his ordi-nary duties, or

(c) received by such officer in consequence of any act per-formed in the execution of his duties, or

(d) received by such officer as a result of any act of reprisaloccasioned by or arising out of any action taken by himin the execution of his duties.

Such rules may provide for the principles, exceptions, restric-tions and conditions according, and subject, to which such com-pensation will be granted and for all other matters necessary orexpedient for the establishment and operation of such scheme.

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Power tomake rulesfor thee s t a b l i s h -ment and op-eration of ascheme forthe grant ofcompensa-tion inrespect ofthe perma-ncnl total orp a r t i a 1disablementor death ofprison offic-ers in thedischarge oftheir duties.[§ 2, 6 of1980.]

PRISONS [Cap. 54

(2) Any compensation granted in accordance with rules madeunder the preceding provisions of this section shall be a chargeon the Consolidated Fund.

(3) Where in any case a dispute arises as to whether or notcompensation is payable or as to the amount of compensationpayable under any rules made under the preceding provisions ofthis section, such dispute shall be determined by the Secretaryto the Ministry charge with the subject of Justice.

(4) Any compensation granted in accordance with rules madeunder the preceding provisions of this section in respect of thedisablement or death of a prison officer shall be in addition toany pension, gratuity, compensation, allowance, or otherbenefit, granted in respect of such disablement or death underthe Minutes of Pensions.

(5) For the purposes of this section "prison officer" meansthe Commissioner-General of Prisons, Commissioner ofPrisons, officers of the prison staff and includes any otherperson employed in the Department of Prisons.

PART II

DUTIES OF OFFICERS

12. (1) All prison officers shall obey the directions of theSuperintendent.

(2) The matron and all subordinate officers shall performsuch duties as may be directed by the jailer with the sanction ofthe Superintendent; and the duties of the matron and of eachsubordinate officer shall be inserted in a book to be kept by heror him.

13. It shall be the duty of every prison officer to preserveorder and discipline among the prisoners in accordance with theprovisions of this Ordinance and the rules made under section94 and of any other written law applicable to prisons; and forsuch purpose it shall be lawful for a prison officer to use all suchmeans, including such degree of force, as may reasonably benecessary to compel obedience to any lawful directions givenby him.

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Officers to obeySuperintendent.

Duty of prisonofficers tomaintaindiscipline andorder amongprisoners.[§8, 53 of 1939.]

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Officers notto sell or letto prisoners.

Officers notto contractwithprisoners.

14. No prison officer shall sell or let, nor shall anyperson in trust for or employed by him sell or let, orderive any benefit from selling or letting, any article toany prisoner.

15. No prison officer shall, nor shall any person intrust for or employed by him, have any interest direct orindirect in any contract for the supply of the prison;nor except so far as is expressly allowed by rules madeunder section 94, shall he derive any benefit directly orindirectly from the sale of any article on behalf of theprison or belonging to a prisoner.

Duties ofSuperintendent.

Duties andpowers ofAssistantSuperintendentand ProbationarySuperintendents.[§9,53 of 1939.]

SUPERINTENDENT

16. Subject to the directions of the Commissioner - General,the Superintendent shall —

(a) manage the prison in all matters relating todiscipline, labour, expenditure, punishment,and control;

(b) correspond on all matters connected with the prison withthe Commissioner - General;

(c) submit to the Commissioner-General all prisonaccounts with proper vouchers for audit;

(d) periodically inspect all property of the Government inhis charge and report thereon to theCommissioner-General;

(e) generally obey all rules made under section 94 for theguidance of the Superintendent.

17. Any of the duties or functions, imposed in theSuperintendent by the provisions of this Ordinance and the rulesmade under section 94 or of any other written law, may beperformed or exercised by an Assistant Superintendent or aProbationary Superintendent, under the general or specialdirections of the Superintendent, or in the absence of theSuperintendent; and for the purposes of the performance orexercise of such duties or functions, an AssistantSuperintendent or Probationary Superintendent shall be deemedto have all the powers, privileges, protections and immunitiesconferred by any of the aforesaid provisions of law upon theSuperintendent.

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PRISONS [Cap. 54

MEDICAL OFFICER

18. (1) It shall be lawful for the Minister afterconsulting the Minister charged with the subject andfunction of Health to make rules as to each of thefollowing matters:— (a) how often the medical officer shall visit the prison

and see each prisoner ;(b) the records to be made respecting sick prisoners ;(c) periodical inspection of every part of the prison ;(d) reports on its cleanliness, drainage, warmth, and

ventilation ;(e) reports on the provisions, water, clothing, and

bedding supplied to the prisoners.

(2) The medical officer shall obey all rules madeunder subsection (1).

19. Whenever the medical officer has reason tobelieve that the health of a prisoner is or is likely to beinjuriously affected by the discipline, diet, or treatmentto which he is subjected, the medical officer shall reportthe case in writing to the Superintendent, togetherwith such recommendations as the medical officer thinksproper.

Power tomake rules asto medicalofficer'sduties.

Medicalofficer toobey rules.

Medicalofficer toreport casesrequiringspecialattention.

20. (1) It shall be the duty of the medical officer tokeep under close observation every prisoner whosehealth is or is likely to be injuriously affected by anyinability or failure to take food or sufficient food, andto subject every such prisoner to any medical treatmentthat may be necessary at the earliest possible stageafter his condition is discovered.

(2) The medical officer may, whenever he considersit to be necessary or advisable, adopt any device ormeans which may appear to him to be suitable—

(a) for the compulsory feeding of any prisoner who,in the opinion of the medical officer, feignsinability to take food or wilfully refuses foodwith intent to procure a discharge from prisonor any exemption from labour or for any otherreason; or

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Treatment ofprisonersfailing orrefusing totake food.[§ 10, 53 of l939.]

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(b) for the artificial feeding of any prisoner who hasbecome unconscious or otherwise unable tofeed himself.

(3) The medical officer shall personally carry out thecompulsory or artificial feeding required in any casereferred to in subsection (2), and shall, in every suchcase, take all due precautions to ensure that no greaterforce is used than may be reasonably necessary for thepurposes of such feeding.

(4) The medical officer shall report to the Superin-tendent for the information of the Commissioner-General, andto the Director-General of Health Services, full particulars ofevery case of compulsory or artificial feeding carriedout by him.

(5) No criminal prosecution or civil action shall beinstituted or maintained against the medical officer in respect ofany injury caused or alleged to have been caused to anyprisoner by any act of the medical officer in the course of anycompulsory or artificial feeding carried out by him or by theomission of the medical officer in the exercise of his discretionto adopt any measures for the compulsory or artificial feedingof the prisoner.

Medicalofficer tomake entriesas to death,of prisoners.

Assistantmedicalofficer.

21. On the death of any prisoner the medical officershall forthwith record in writing the following parti-culars, namely:—

(a) when the deceased was taken ill;(b) when the medical officer was first informed of

the illness ;(c) the nature of the disease ;(d) when the prisoner died ;(e) and (in cases where a post-mortem examination

is made) an account of the appearances afterdeath ; together with any special remarks thatmay appear to the medical officer to berequired.

22. Where an assistant medical officer is appointedto a prison, ho shall be competent to perform any dutyrequired by this Ordinance or by any rule madehereunder to be performed by the medical officer.

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PRISONS [Cap. 54

23. The medical officer, and any assistant medicalofficer or apothecary appointed to a prison shall performtheir duties in the prison in co-operation with theprison staff and with due regard to the maintenanceof discipline and the security and the proper adminis-tration of the prison in accordance with this Ordinanceand the rules made in that behalf under section 94 orwith any other written law.

JAILER

24. (1) The jailer shall reside in the prison or insuch convenient place near thereto as the Superinten-dent shall by writing appoint.

(2) The jailer shall not without the Commissioner-General'ssanction be concerned in any other employment.

Duties ofmedicalofficer, &c.[§ 11, 53 of 1939.]

Residence ofjailer.

25. The jailer shall deliver to the medical officer dailya list of such prisoners (if any) as are confined inpunishment cells.

26. Upon the death of a prisoner the jailer shall giveimmediate notice thereof to the Superintendent and tothe Magistrate having jurisdiction over the area inwhich the prison is situated, and also when practicable,to the nearest relative of the deceased. The jailer shallalso report to the Superintendent from time to time, asthey occur, all escapes and recaptures. He shall alsoreport to the Superintendent and to the medical officer,without delay, all outbreaks of epidemic disease.

27. The jailer shall keep or cause to be kept thefollowing records :—

(a) a register of warrants ;(b) book showing when each prisoner is to be

released;(c) punishment book for the entry of the punish-

ments inflicted for prison offences ;(d) a Visitors' book for the entry of any observations

made by Visitors to the prison ;

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Jailer todeliver listsof prisoners(if any) inpunishmentcells.Jailer to givenotice ofdeath ofprisoners.

Jailer tokeep booksand accounts.

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(e) a record of the money and other articles takenfrom prisoners ;

and all such other records as may be prescribed by rulesmade under section 94.

Jailerresponsiblefor safecustody ofdocuments.

28. The jailer shall be responsible for the safecustody of the records to be kept by him under thepreceding section, and also for the commitments andall other documents committed to his care.

Jailer not tobe absentwithoutleave.

Assistantjailer.

29. The jailer shall not be absent from the prison orfrom his residence, if residing outside the prison, for anight without permission in writing from the Superin-tendent ; but if absent without leave for a night fromunavoidable necessity, he shall at the earliest opportu-nity report the fact and the cause of it to theSuperintendent.

30. When an assistant jailer is appointed to a prison,the Superintendent may at his discretion by writtenorder assign any part of the jailer's duties to suchassistant jailer ; and in such case the same responsi-bilities shall attach to such assistant jailer in respect ofsuch duties as attach to the jailer.

Substitute forjailer in caseof necessity.

31. Where there is no assistant jailer, or when hisservices are not available by reason of sickness or othercause, the Superintendent shall, when the jailor isabsent from the prison or temporarily incapacitated,appoint by writing under his hand some person to actas his substitute during such absence or incapacity, andthe substitute so appointed shall have all the powersand perform all the duties of the jailer.

Residence andduties ofmatron.

MATRON

32. The matron shall reside in the prison or in suchconvenient place near thereto as the Superintendentshall by writing appoint ; and she shall not without theSuperintendent's sanction absent herself from theprison or from her other dwelling place, nor shall she

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PRISONS [Cap. 54without such sanction be concerned in any other employment.It shall be her duty constantly to superintend the femaleprisoners.

SUBORDINATE OFFICERS

33. The officer acting as gate-keeper, or any other prisonofficer, may examine anything carried into or out of the prisonand may stop and search any person suspected of bringingspirits or other prohibited articles into the prison, and if anysuch articles or property be found shall give immediate noticethereof to the jailer:

Provided that the persons of females shall be searched bysome female prison officer.

34. Subordinate officers shall not be absent from the prisonwithout leave from the Superintendent or from the jailer, andbefore absenting themselves they shall leave their keys in thejailer's office.

PART III

VISITORS

35. (1) It shall be lawful for the Minister, by noticepublished in the Gazette, to appoint —

(a) for all prisons in Sri Lanka generaly, a Board of PrisonVisitors consisting of seven members, all of whomshall be persons who do not hold any public officeunder the State;

(b) for each of the prisons in Sri Lanka, a Local VisitingCommittee consisting of four persons who are notmembers of the Board of Prison Visitors and do nothold any public office under the State; and

(c) for any specified prison or group of prisons, one or moreAdditioal Prison Visitors, each of whom shall be aperson who is not a member of the Board of PrisonVisitors or of a Local Visiting Commitce and doesnot hold any public office under the State.

(2) Every member of a Local Visiting Committee shall forthe purpose of this Ordinance be deemed to be a Visitor of theprison for which the committee is appointed, and, save asotherwise expressly provided, shall, in relation to that prison,

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Powers ofgate-keeper.

Subordinateofficers not to beabsent withoutleave.

Power to apoint,and remove fromoffice, Board ofPrison Visitors,Local VisitingCommittees, andadditional PrisonVisitors.[§2, 21 of 1958.]

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Duties of Boardof Prison Visitors,Local VisitingCommittees, andAdditional PrisonVisitors.[§3, 21 of 1958.]

[§ 3,21 of 1958.]

exercise the powers and perform the duties of a Visitoraccordingly.

(3) Any person appointed under this Ordinance as a Visitormay be removed from office by the Minister at any time.

(4) Every visitor appointed under this Ordinance shall holdoffice for a period of three years from the date of hisappointment, unless he is earlier removed from office by theMinister:

Provided, however that where any Visitor is appointed forany shorter period specified in the notice relating to hisappointment, such Visitor shall hold office only for the periodso specified.

36. (1) It shall be the duty of the Board of Prison Visitors —(a) to hold a meeting of the board at least once in three

months;(b) to elect a chairman from among the members at the first

meeting held after the appointment of the board;(c) to advise the Commissioner-General in matters relating

to the general administration of prisons in Sri Lanka;and

(d) to investigate and report on any matter concerningprisons referred to the board either by the Minister orby the Commissioner-General.

The quorum for any meeting of the board shall be threemembers.

(1 A.) The chairman of the Board of Prison Visitors shall,unless he earlier resigns the office of such chairman or ceases tobe a member of the board, hold such office during the term forwhich he is a member of the board.

(2) It shall be the duty of every Local Visiting Committee —(a) to elect a chairman from among the members at a

meeting held as soon as may be after the appointmentof the committee;

(b) to conduct such inquiry as may be necessary, wheneverany special matter, concerning the prison for whichthe committee has been appointed, is referred to thecommittee for inqui ry by the Minister or theCommissioner-General, and to report their opinionthereon to the Minister or the Commissioner-Generalas the case may be;

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PRISONS [Cap . 54

(c) to hold a meeting once in each half-year at theprison for the purpose of considering mattersconcerning the prison not specially referred tothe committee by the Minister or theCommissioner-General under sub-paragraph (b),and to furnish a half-yearly report to theCommissioner-General on any matter which in theopinion of the committee it is expedient to refer to himfor consideration.

(3) It shall be the duty of the chairman of each LocalVisiting Committee—

(a) to prepare a rota of attendance and to make allsuch arrangements as may be necessary toensure that at least one member of the commit-tee shall visit the prison once at least in everyweek and shall hold himself in readiness toattend at the prison at any reasonable time tohear any complaint that a prisoner may desireto make ;

(b) to sign all letters and reports on behalf of thecommittee; and

(c) to summon the half-yearly meetings of thecommittee and all such other meetings as mayfrom time to time be necessary for the purposesof any inquiry to be held under subsection(2) (b).

(4) It shall be the duty of every Visitor who is amember of a Local Visiting Committee—

(a) to inquire into and report on any matter relatingto the prison which may be specially referred tohim for inquiry or report by the Minister orthe Commissioner-General;

(b) unless he is prevented by illness or other suffi-cient cause, to visit the prison once at least inevery week in any period during which he isrequired in accordance with the rota ofattendance or other arrangements made bythe chairman, to visit the prison, and to holdhimself in readiness during that period toattend at the prison at any reasonable time tohear any complaint that a prisoner may desireto make;

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(c) to attend at the prison whenever he is summonedto act as member of a tribunal for the purposesof section 81;

(d) to enter in the log book after each visit made byhim to the prison, a statement of all mattersrelating to the prison which were investigatedby him during the visit; and

(e) to record in the complaint book each complaintmade to him by a prisoner and the proceedingstaken by him on such complaint.

(5) Any Additional Prison Visitor shall, in relationto the prison or any of the prisons to which he has beenappointed, be entitled to exercise the rights of anindividual member of a Local Visiting Committee, andshall, whenever called upon by the Superintendent ofsuch prison, perform in respect of such prison any of theduties imposed by this Ordinance or any other writtenlaw upon an individual member of a Local VisitingCommittee.

(6) Every Visitor shall, in the performance of hisduties, act in conformity with the provisions of thisOrdinance, the rules made thereunder and any otherwritten law relating to prisons, and shall co-operatewith the prison staff in the maintenance of discipline in,and the good management of, the prison in or in respectof which such duties are performed.

Powers ofVisitors.[§ 12, 53 of 1939.]

37. (1) Every Visitor shall be entitled—

(a) to visit any prison at any time ;(b) to have free access to any part of any prison or to

any prisoner therein;(c) to inspect the condition of any part of the build-

ings or the premises of any prison, or anyappliance or equipment provided therein forthe use of the prisoners ;

(d) to inspect or test the diet provided for theprisoners in any prison ;

(e) to inquire into the general condition and treat-ment of the prisoners in any prison ;

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PRISONS [Cap. 54

(f) to record in the Visitors' book or in the log book,as the case may be, a statement of the factsdiscovered by him in the course of anyinspection or inquiry under any of the fore-going paragraphs of this subsection and anyobservations he may desire to make as a resultof such inspection or inquiry :

Provided, however, that no Visitor shall be entitled—(i) if he is a member of a Local Visiting Committee

or an Additional Prison Visitor, to visit or tohave access to, or to hold any inspection orinquiry in, any prison other than the prisonor one of the prisons for which he has beenappointed; or

(ii) to hold any inquiry, or make any observationor recommendation, as to any matterconnected with the appointment, promotionor transfer of any prison officer or the super-vision, control or discipline of the prisonstaff; or

(iii) save as provided in sections 41 (2) and 79, toissue any order to any prison officer orprisoner.

(2) Nothing in this section contained shall be deemedto authorize the Board of Prison Visitors or a LocalVisiting Committee to hold any inquiry, or make anyobservation or recommendation, as to any matterconnected with the appointment, promotion, or transferof any prison officer or the supervision, control, ordiscipline of the prison staff or to issue any order toany prison officer or prisoner.

38. (1) It shall be the duty of the jailer of everyprison—

(a) to keep within the prison—

(i) a Visitors' book in which Judges of the SupremeCourt, Judges of the Court of Appeal andMembers of Parliament, Judges of the HighCourt, and Members of the Board of PrisonVisitors may record any observations orrecommendations after a visit paid by them tothe prison;

Visitors'book, logbook, andcomplaintbook.[§ 12, 53 of 1939.]

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Power ofJudges andMagistratesand ofMembers ofParliamentto visitprisons.[§ 12, 53 of 1939.][§ 2, 35 of 1952.]

[§ 2, 35 of 1952.]

(ii) a log book in which members of LocalVisiting Committees or Additional PrisonVisitors may record statements or parti-culars of the business transacted duringtheir visits which they are required orauthorized to record by this Ordinance orthe rules made thereunder ;

(iii) a complaint book in which any Visitormay record the complaints made to himby prisoners and the proceedings takenupon such complaints ; and

(b) to produce the Visitors' book, log book, orcomplaint book, as the case may be, on demandmade by any of the aforesaid persons in thecourse of any visit made by him to the prison.

(2) It shall be the duty of the Superintendent totransmit to the Commissioner-General, within such period asmay be specified by him, a copy of each new entry madein the Visitors' book or the log book.

(3) The Commissioner-General may, after considerationof any report transmitted to him under section 36 orsection 41 or of any entry in a Visitors' book or logbook, of which a copy is transmitted to him undersubsection (2), take such action thereon as to him mayseem expedient.

39. (1) Nothing in this Ordinance shall be deemed toabridge or affect the power of a Judge of the SupremeCourt, a Judge of the Court of Appeal or a Judge of a HighCourt to visit any prison at any time and to hold thereinany inspection, investigation or inquiry which he mayconsider necessary.

(2) Any Member of Parliament, Distric Judgeor Magistrate may visit any prison, between the hoursof 5.30 a.m. and 5.30 p.m. on any day for the purposeof in spec t ing the general condi t ion of the prisonand of the prisoners therein, and may record in theVisitors' book any observations or recommendationswhich he may think fit to make after such inspection.

(3) The provision of section 38 as to the productionof the Visitors' book and the transmission of copies ofentries made therein to the Commissioner-General shall apply in

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PRISONS [Cap. 54

the case of Judges of the Supreme Court, Judges of the Courtof Appeal, Members of Parliament, Judges of the High Court,District Judges and Magistrates in like manner as in the case ofmembers of the Board of Prison Visitors.

(4) Every District Judge or Magistrate shall for thepurposes of this Ordinance be deemed to be a Visitorof any prison situated within his jurisdiction, and may,in relation to any such prison, exercise the powers andperform the duties of a Visitor accordingly.

40. (1) No jailer or subordinate prison officer shallrefuse admittance or offer any hindrance or obstructionto a Visitor, a Judge of the Supreme Court, a Judge of the Courtof Appeal, a Member of Parliament, a Judge of the High Courtor a Magistrate or any other person authorized by any writtenlaw to enter a prison.

(2) A jailer or subordinate prison officer who acts incontravention of this section shall be guilty of an offenceand shall be liable to be tried and punished thereforunder the provisions of section 87.

41. (1) Every Visitor appointed under thisOrdinance shall hear all complaints which may be madeto him by any prisoner respecting any deficiency in thequantity or quality of the food or respecting anyill-treatment that he may have received in the prison.

(2) Where any complaint appears to be frivolous ormalicious, the Visitor hearing it may order the confine-ment of the prisoner making such complaint in apunishment cell for not more than forty-eight hours,and may direct that during the period of such confine-ment the prisoner be placed on the most restricted dietprescribed by rules under this Ordinance, and the jailershall comply with every such order or direction.

(3) Where any complaint is substantiated to the satis-faction of the Visitor—

(a) if in his opinion the complaint is not of a seriouscharacter, he shall make a report thereon to theCommissioner-General, and

(b) if he considers that the complaint discloses thecommission of an offence sufficiently serious to

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[§ 2, 35 of 1952.]

Penalty forresistanceor obstruc-tion topersonsauthorizedto enterprisons.[§ 3, 35 of 1952.]

[§ 13, 53 of 1939.]

Visitors tohearcomplaintsand punishor reportunder section81.

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require the intervention of a Court, he shallimmediately report the matter to the Attorney-Generaland send a copy of his report to the Commissioner-General.

Prisoners tobe searchedon entranceand as oftenas necessary.

Medicalexaminationof criminalprisoners.

Finger-printing, &c.,of criminalprisoners.[§ 14, 53 of 1939.]

Effects ofcriminalprisonersretained.

PART IV

ADMISSION, REMOVAL AND DISCHARGE OFPRISONERS

42. When a prisoner is first admitted, and at any timethereafter when considered necessary, he shall besearched, and all weapons and prohibited articles shallbe taken from him.

43. Every criminal prisoner shall also, as soon as con-venient after admission, be examined by the medicalofficer who shall enter in a book to be kept by the jailera record of the state of the prisoner's health and anyobservations which the medical officer thinks fit to add.

44. (1) The Commissioner-General or the Superintendentmay cause to be taken or recorded, in such manner asmay be prescribed by rules made under section 94—

(a) photographs, measurements, finger-prints andfoot-prints of any criminal prisoner ; and

(b) the name, age, height, weight, distinctive marks,and any other prescribed measurements andparticulars, of any prisoner.

(2) Any prisoner refusing or failing to give anyanswer, or knowingly giving any answer which is false,to any question addressed to him for the purposes ofsubsection (1); shall be guilty of an offence againstprison discipline.

(3) No photograph, finger-print, foot-print or recordtaken or kept under this section shall be supplied orsent save to such officers or persons as may be specifiedby rules made under section 94.

45. All money or other effects in respect whereofno order of a competent court has been made, andwhich may be brought into prison by any criminal

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PRISONS [Cap. 54

prisoner or sent to the prison for his use, shall be placedin the custody of the jailer, and disposed of as may bedirected by rules to be made under section 94.

46. All prisoners, previously to being removed toany other prison, shall be examined by the medicalofficer.

47. (1) The jailer shall be responsible for the duedischarge of each prisoner upon his becoming entitledto release whether by the expiration of his term ofsentence, or on the grant of a pardon or on remissionor commutation of sentence, or by operation of law.

(2) The equivalent in days, and the date of expiry,of every sentence of imprisonment or preventivedetention, shall be calculated in such manner as maybe prescribed by rules made under section 94.

(3) Each prisoner entitled to release shall bedischarged from prison on the date on which hebecomes entitled to release, or, if that date falls on aSunday or other day which is for the time beingspecified in any rule made under section 94 as a non-working day for all prisoners generally, then on theday next preceding that date, at such time as may beprescribed by any such rule :

Provided, however, that where any such prisoner ison that date under medical treatment for any acuteor dangerous illness, he may be formally discharged,but unless he himself desires to leave, may be furtherdetained in prison until the medical officer certifies thatthe prisoner can be removed from prison withoutdanger to his health.

(4) On the discharge of a prisoner from any prisonthe Superintendent may, in accordance with suchrules as may be made in that behalf under section 94,provide him with a railway warrant or with suchamount of money as may be necessary, or with bothsuch warrant and such money, to enable him to returnto his home or intended place of residence. All expensesincurred by the Superintendent in providing suchwarrant or money shall be met out of such funds asmay be allocated for the purpose out of the ConsolidatedFund.

361

Medicalexaminationbeforeremovalof prisoners.

Discharge ofprisoners.[§ 15, 53 of 1939.]

Cap. 54] PRISONS

Requisitionsof Ordinanceas toseparation ofprisoners.

Cells to befurnishedwith meansof communi-cation.

PART V

DISCIPLINE OF PRISONERS48. The requisitions of this Ordinance with respect

to the separation of prisoners are as follows :—

(a) males shall be separated from females ;(b) juvenile prisoners, whenever it is practicable,

shall be separated from adults ;(c) convicted prisoners, whenever it is practicable,

shall be separated from unconvicted ;(d) civil prisoners, whenever it is practicable, shall

be separated from criminal prisoners ;(e) prisoners committed for contempt of court or for

the non-payment of any fine or penalty or ofmoney due upon any estreated recognizanceor for want of securities shall, whenever it ispracticable, be separated from other criminalprisoners.

49. No cell shall be used for separate confinementunless it is furnished with the means of enabling theprisoner to communicate at any time with a prisonofficer.

Prisonersundersentence ofdeath.

Everyprisonerunderwarrantfor executionto beseparatelyconfined andguarded.Sentence ofhard labourto beenforced.

50. Every prisoner under warrant or order forexecution shall, immediately on his arrival in the prisonafter sentence, be searched by or by order of the jailer,and all articles shall be taken from him which thejailer deems it dangerous or inexpedient to leave in hispossession:

Provided that the prisoner, if a female, shall besearched by some female prison officer.

51. Every prisoner under such warrant or order, asis mentioned in the preceding section, shall be confinedin a cell apart from all other prisoners, and shall beplaced by day and by night under the charge of anofficer or guard.

52. Due provision shall be made in every prison forthe enforcement of hard labour in the cases of suchprisoners as may be sentenced thereto.

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PRISONS [Cap. 54

53. Female prisoners shall in all cases be attendedby female officers.

54. No gaming shall be permitted in any prison, andthe jailer shall seize and destroy all dice, cards, or otherinstruments of gaming found in the prison or on theperson of any prisoner.

55. No money shall be taken by any prison officer byway of garnish, fee, or gratuity from any prisoner orany person on his behalf or account, on his entranceinto or discharge from or during his detention in theprison, under any pretence whatsoever.

56. The classification, separation, safe custody, treat-ment and discipline of prisoners shall, without prejudiceto the provisions of sections 48 to 55, be subject to suchrules as may be made in that behalf under section 94.

57. Facilities at the discretion of the Commissioner-General may be allowed in every prison, in accordance withsuch rules as may be made in that behalf under section94, for imparting religious or other instruction to theprisoners.

58. A remission of sentence, or a gratuity orprivileges, according to such scales as may be prescribedby rules made under section 94, may be earned byindustry and good conduct by any prisoner who isundergoing a sentence of imprisonment of eitherdescription for a term or terms in the aggregateexceeding one month :

Provided, however, that this section shall not applyto—

(a) a civil prisoner ; or(b) a person committed to prison under Chapter VII

of the Code of Criminal Procedure Act, No 15 of 1979.(c) a person committed to prison to serve the

unexpired portion of any sentence of imprison-ment or preventive detention upon theforfeiture or revocation of a licence to be atlarge under the Prevention of CrimesOrdinance.

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Femaleprisoners tobe attendedby females.

No gamingto be allowed.

No fee to betaken from aprisoner.

Rules as toclassification,&c., ofprisoners.[§ 16, 52 of 1939.]

Religiousinstructionandeducation.[§ 16, 53 of 1939.]

Remission ofsentences andrewards forgood conduct.[§ 16, 53 of 1939.]

Cap. 54] PRISONS

Civilprisoner maymaintainhimself.[§ 17, 53 of 1939.]

Civil prisonernot to sellprovisions.

Allowance ofclothing andbedding.

Nature offood, clothingand beddingof prisoners.[§ 18,53 of 1939.]

Work andearnings ofcivilprisoners.

Examinationby medicalofficer oflabouringprisoners.

PART VIFOOD, CLOTHING, AND BEDDING OF CIVIL

PRISONERS

59. A civil prisoner shall be permitted to maintainhimself and to purchase or receive from private sourcesat proper hours, food, clothing, bedding, or othernecessaries, but subject to examination and to suchconditions as may be approved by the Commissioner-General.

60. No part of any food, clothing, bedding, or othernecessaries belonging to any civil prisoner shall be soldto any other prisoner ; and any civil prisoner trans-gressing this regulation shall lose the privilege ofpurchasing food or receiving it from private sources forsuch time as the Superintendent thinks proper.

61. Every civil prisoner unable to provide himselfwith sufficient clothing and bedding shall be suppliedby the Superintendent with such clothing and beddingas may be necessary.

62. The food, clothing and bedding issued to eachprisoner or each class of prisoners shall, withoutprejudice to the provisions of sections 59, 60, and 61, bem accordance with such rules as may be made in thatbehalf under section 94.

PART VIIEMPLOYMENT OF PRISONERS

63. Civil prisoners may with the Superintendent'spermission work and follow their respective trades andprofessions, and when they find their own implements,and are not maintained at the expense of the prisonor of the State, they shall be allowed to receive thewhole of their earnings ; but the earnings of such asare furnished with implements or are maintained atthe expense of the prison or the State shall be subjectto a deduction, to be determined by the Superintendent,for the use of implements and the cost of maintenance.

64. The medical officer shall from time to timeexamine the labouring prisoners while they areemployed, and shall enter in his journal the name ofany prisoner whose health he thinks likely to be injured

364

PRISONS [Cap. 54

by a continuance of hard labour, and thereupon suchprisoner shall not again be employed at such labouruntil the medical officer certifies that he is fit for suchemployment; but if the medical officer certifies thatsuch prisoner may without detriment to his health beemployed on some lighter kind of labour, it shall belawful for the jailer so to employ him.

65. Every prisoner shall perform such labour,whether manual or otherwise, as may be assigned tohim ; and the nature and the amount of labour assignedto and exacted from each class of such prisoners shallbe in accordance with such rules as may be made inthat behalf under section 94 :

Provided that unconvicted prisoners or civil prisonersshall not be required to perform any labour in excessof such labour as may, in the opinion of theSuperintendent, be reasonably necessary for keepingin a clean and proper condition the prison or part ofthe prison in which they are confined and the clothing,bedding, furniture and utensils allotted to prisoners ofthe class to which they are assigned, and for preparingand serving the food of prisoners of that class.

Nature oflabour oremploymentto be assignedto prisoners.[§ 19, 53 of 1939.]

PART VIIIHEALTH OF PRISONERS

66. The names of prisoners desiring to see themedical officer or appearing out of health in mind orbody shall be reported by the officer attending them tothe jailer ; and the jailer shall without delay call theattention of the medical officer to any prisoner desiringto see him, or who is ill, or whose state of mind orbody appears to require attention, and shall carry intoeffect the medical officer's written recommendationsrespecting alterations of the discipline or treatment ofsuch prisoner.

67. All recommendations given by the medical officerin relation to any prisoner, with the exception of ordersfor the supply of medicines or directions relating tosuch matters as are carried into effect by the medicalofficer himself or under his superintendence, shall be

365

Names of sickprisoners tobe reportedto jailer.Jailer toreport themto the medicalofficer.

Entry ofrecommenda-tions bymedicalofficer.

Cap. 54] PRISONS

entered day by day in his journal, which shall have aseparate column, wherein entries shall be made by theSuperintendent stating in respect of each recom-mendation the fact of its having been or not havingbeen complied with, accompanied by such observations,if any, as the Superintendent thinks fit to make, andthe date of the entry.

Infirmaries.

Removal ofprisoners tohospital, placeof observa-tion, ormentalhospital.[§ 20, 53 of 1939.]

68. In every prison an infirmary or proper place forthe reception of sick prisoners shall be provided.

69. (1) Where any prisoner is found or is suspectedto be suffering from any disease (other than leprosyor a mental disease) which cannot adequately betreated or kept under observation in a prison, theCommissioner General may, by a warrant of transfer under hishand, direct the removal of the prisoner to any publichospital in Sri Lanka (other than a leprosy hospital or amental hospital) maintained or controlled by theGovernment; and such warrant shall be sufficientauthority for the detention of the prisoner in thehospital for such period as the medical officer in chargeof the hospital may consider necessary.

(2) Where any prisoner is suspected to be of unsoundmind or to be suffering from any mental disease, andadequate facilities for keeping him under observationor for diagnosing the disease are not provided in theprison in which the prisoner is detained, the Commis-sioner-General may, by a warrant of transfer under his hand,direct the removal of the prisoner to any place ofobservation or mental hospital appointed or maintainedfor the purposes of the Mental Diseases Ordinance, andsuch warrant shall be sufficient authority for thedetention of the prisoner in such place or hospital forany period not exceeding fourteen days in the firstinstance ; and where any further observation isrequired, the Commissioner-General may authorise inwriting the detention of the prisoner for such further periodas may be necessary, but so that the aggregate periodof detention in such place or hospital shall not exceedtwenty-eight days in any case.

(3) Every prisoner who is removed to a hospitalunder subsection (1) or to a place of observation ormental hospital under subsection (2) shall, during the

366

PRISONS [Cap. 54

period of his detention therein and so long as he is notentitled to be discharged from prison in due course oflaw, continue to be subject to the provisions of thisOrdinance, the rules made thereunder and any otherwritten law relating to prisons, in the same mannerand to the same extent as if he were detained in aprison.

(4) The medical officer in charge of the hospital orthe place of observation or mental hospital to which aprisoner is removed under subsection (1) or subsection(2), as the case may be, shall, in respect of that prisoner,and during the period of the detention of that prisonerin such hospital, place or mental hospital and so longas he is not entitled to be discharged from prison in duecourse of law, have the powers conferred, and performthe duties imposed, on the Superintendent of a prisonby this Ordinance or the rules made thereunder or byany other written law.

(5) Where a prisoner removed under subsection (2)to a place of observation or a mental hospital is foundby the medical officer in charge thereof to be of unsoundmind, the medical officer shall, by writing under hishand, certify to the Commissioner-General that the prisoner hisof unsound mind ; and such writing shall, for thepurposes of section 9 of the Mental Diseases Ordinancebe deemed to be the certificate of the medical officerreferred to in that section.

(6) The Superintendent of the prison from which aprisoner is removed under this section to a hospital orplace of observation or mental hospital shall cause himto be taken back to the prison as soon as may be afterthe medical officer certifies in writing that it is no longernecessary to detain the prisoner in such hospital, placeof observation or mental hospital.

70. All prisoners shall be furnished with propermeans of washing or otherwise cleansing themselvesand of having their clothing washed ; and provisionshall be made for their bathing within the prison, ifpossible, or otherwise at the nearest convenient place ;and during such bathing or washing care shall be takenthat different classes and sexes of prisoners be keptseparate.

367

Bathing ofprisoners.

Cap. 54] PRISONS

Visits fromand commu-nication withrelations, &c.[§ 21, 53 ot 1939.]

Powers ofjailers as toadmission ofpersonsdesiring tovisitprisoners.[§ 21, 53 of 1939.]

PART IXVISITS TO AND CORRESPONDENCE OF

PRISONERS71. Every prisoner shall be allowed, in accordance

with such rules as may be made in that behalf undersection 94, to receive visits from, and to communicatewith, his relations and friends and his legal adviser,subject to such restrictions as may be imposed by therules with a view to the maintenance of discipline andorder in the prison and the prevention of crime.

72. (1) The jailer may—(a) demand the name and address of any person

desiring to visit a prisoner ; and(b) where he has ground for suspicion, search or

cause such person to be searched before givinghim admission ; and

(c) where such person does not submit to suchsearch, deny him admission.

(2) Whenever the jailer denies admission to anyperson under subsection (1), the reasons for his decisionshall be recorded by him in his journal.

(3) A search under this section shall not be carriedout in the presence of any person other than a prisonofficer.

(4) Where a person desiring to visit a prisoner is afemale, no search necessary for the purposes of thissection shall be carried out except by a female prisonofficer or in the presence of any person other than afemaie prison officer.

Carryingliquor,tobacco, ordrugs intoprison.[§ 22, 53 of 1939.]

PART X

OFFENCES IN RELATION TO PRISONS73. Whoever, without lawful authority, brings,

throws, or attempts by any means whatever to intro-duce into any prison or any place provided undersection 3 for the temporary shelter and safe custody ofprisoners, or who supplies or attempts to supply toany prisoner, while in custody outside any prison, any

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PRISONS [Cap. 54

spirituous or fermented liquor, or tobacco, betel, opium,bhang, or other intoxicating or poisonous drug, or anymoney or any other article which may be prohibitedby any rule made under section 94, and every prisonofficer who knowingly suffers any such liquor, tobacco,betel, opium, bhang, drug, money, or other article tobe brought, thrown, or introduced into or used in anysuch prison or place or to be supplied to any prisoner,while in custody outside any prison, without lawfulauthority, and whoever aids and abets any person incommitting any offence under this section, shall beguilty of an offence, and on conviction be liable to afine not exceeding fifty rupees, or to imprisonment ofeither description, for any period not exceeding threemonths, or to both.

Sufferingliquor, &c., tobe sold orused inprison.

[§ 22, 53 of 1939.]

74. It shall be lawful for any prison officer to arrestany person who commits an offence under section 73 orwho abets another in committing such offence, andforthwith to make over the person so arrested to thenearest police officer, or to produce him before thenearest Magistrate, to be dealt with according to law.

Offendersunder section73 may bearrestedwithoutwarrant byprisonofficers.

75. Whoever, without lawful authority, conveys orattempts to convey any letter or other writing to anyprisoner in custody, whether within or without anyprison, or from any such prisoner to any other person,and every prison officer who aids and abets any personin committing any offence under this section, shall beguilty of an offence and on conviction be liable to a finenot exceeding fifty rupees, or to imprisonment of eitherdescription, for any period not exceeding three months,or to both.

Carryingletters toprisoners.[§ 22, 53 of 1939.]

Prison officersabetting.

76. The Superintendent shall cause to be affixed ina conspicuous place outside the prison or the placeprovided as aforesaid a notice in the Sinhala, Tamiland English languages respectively, setting forth thepenalties incurred by persons committing any offenceunder sections 73 and 75 respectively.

77. (1) A prison officer may use weapons on oragainst any prisoner escaping or attempting to escapefrom custody:

369

Notice ofpenalties tobe affixedoutsideprison.

Use ofweaponsand force.[§ 23, 53 of l939.]

Cap. 54] PRISONS

Provided that resort shall not be had to the use ofany weapon unless such officer has reasonable groundfor believing that he cannot otherwise prevent theescape of the prisoner ;

And provided further that no firearms shall be usedon or against any such prisoner unless the prison officershall have first given a warning to the prisoner thathe is about to use such firearms against the prisoner.

(2) A prison officer may use weapons on or againstany prisoner engaged in any combined outbreak of theprisoners or in any attempt to force or break open thedoors, gates or enclosure wall of a prison, and maycontinue to use such weapons so long as such combinedoutbreak or attempt is actually continued.

(3) No prison officer shall, in the presence of a seniorofficer of rank not lower than a Jailer or Deputy Jaileror officer for the time being acting for the jailer, useweapons on or against any prisoner engaged in anoutbreak or attempt to escape, unless such senior officerorders such weapons to be used.

(4) The use of weapons under this section shall beas far as possible to disable and not to kill.

(5) Every police officer who is for the time beingengaged in escorting any prisoner or prisoners, or inguarding any prison or other place where prisonersare confined or employed, or in assisting in the quellingof any disturbance or violence on the part of anyprisoners, or in recapturing any escaped prisoner, shallbe deemed to have all the powers and rights granted bythis section to prison officers.

(6) Nothing in this section contained shall be deemedto be in derogation of the provisions of sections 89 to99, inclusive, of the Penal Code.

78. A prisoner shall be guilty of an offence againstprison discipline if he—

(i) mutinies or incites another prisoner tomutiny;

(ii) assaults or uses criminal force on, or causeshurt or grievous hurt to, a prison officer oranother prisoner, or incites a fellow prisonerto commit any such offence ;

370

List ofprisonoffences.

PRISONS [Cap. 54

(iii) fails or refuses to obey any lawful order ofthe Superintendent or of any other prisonofficer or commits a breach of any prisonregulation;

(iv) escapes or conspires to escape from lawfulcustody;

(v) swears, curses, or uses any abusive, insulting,threatening or other improper language orgesture;

(vi) is indecent in language, conduct, act orgesture ;

(vii) is impertinent, insubordinate or insolent indemeanour to any prison officer or to anyVisitor;

(viii) creates a disturbance or behaves in adisorderly manner ;

(ix) refuses to work, or wilfully mismanages work,or fails to perform his allotted task, or isidle, careless or negligent at work;

(x) wilfully evades labour by self-disablement orby refusing to take food or by feigning

madness or illness or other incapacity forwork;

(xi) wilfully damages or disfigures any part of theprison, any prison property or any prisonclothing or equipment;

(xii) is in possession of, or keeps in a cell or anyother place any article not permitted by therules of the prison ;

(xiii) leaves a cell or other place of work or locationwithout permission ;

(xiv) gives to, or receives from, or exchanges with,any other prisoner any article whateverwithout the permission of the Superinten-dent;

(xv) trafficks or has any business dealings with anyprison officer or with any other person;

(xvi) without the authority of a prison officer, com-municates whether by writing, speech orgesture with any person who is notconnected with the administration of theprison ;

371

Cap. 54] PRISONS

(xvii) gambles, or possesses any playing cards, diceor other instrument or device for gambling ;

(xviii) prefers a false charge against a prison officeror another prisoner or incites any otherprisoner to do so ;

(xix) makes groundless complaints or incites othersto do so;

(xx) removes food from the place where meals areconsumed, or conceals food;

(xxi) commits any nuisance ;(xxii) bathes or washes at unauthorized places or

times;(xxiii) writes or receives any unauthorized letter or

communication;(xxiv) refuses when called upon to assist a prison

officer in quelling a mutiny or disturbanceor in capturing any escaped or escapingprisoner, or leaves his seat, working placeor other location during a mutiny or dis-turbance without an order from a prisonofficer ;

(xxv) omits to give a warning or an alarm when it is known that a prisoner is escaping or

attempting to escape ;(xxvi) omits to give immediate information to the

prison authorities when he is aware of adesign to commit an offence against therules;

(xxvii) files, cuts or tampers with iron bars, locksor doors;

(xxviii) commits a breach of any rule or lawful order ;(xxix) offends in any other way against the good

order and discipline of the prison ;(xxx) aids and abets another prisoner in committing

or attempting to commit any of the fore-going offences against prison discipline; or

(xxxi) attempts to commit any of the foregoingoffences other than those specified in para-graphs (iii), (v), (vii), (viii), (ix), (xii)(xix), (xxiv), (xxv), and (xxvi).

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PRISONS [Cap. 54

79. Save as provided in section 81, the Superinten-dent' or in his absence a Visitor, may examine anyperson touching the offences in the preceding sectionmentioned, and determine thereupon and punish suchoffences-—

(a) by warning or reprimand ;(b) by the forfeiture of any number of remission

marks not exceeding three hundred and sixtyfor each offence ;

(c) by reduction to a lower class or detention in anyclass for a period in respect of each offencenot exceeding one month if that class is theprescribed penal stage, or ninety days in anyother case ;

(d) by postponement or forfeiture of any one ormore privileges ;

(e) by confinement in a punishment cell for any timenot exceeding fourteen days ;

(f) by ordering the offender for any time not exceed-ing three days to close confinement, to be therekept upon a diet reduced to such extent asshall be prescribed by any rule made underthe provisions of section 94 ;

(g) where the offender is not serving a sentence ofrigorous imprisonment, by hard labour for anytime not exceeding seven days ; or

(h) by any two of the above-mentioned punishments:

Provided that—

(i) in all cases where the complaint is made by oron behalf of the Superintendent or theCommissioner-General, and in other cases inwhich the interests of justice may so require,the offences shall be tried and punished onlyby a Visitor, and

(ii) the Commissioner-General shall have power—

(a) to call for and revise any proceedings takenunder this section by the Superintendentand to confirm, modify or reverse hisfindings;

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Superinten-dent's powerto punishprisonoffenders.

Cap. 54] PRISONS

Jailer toenterpunishmentsin a book.

Constitutionand powersof tribunalfor punish-ment ofprisoners.[§ 24, 53 of 1939.]

(b) to remit or vary the punishment awardedby the Superintendent; or

(c) to make such order thereon as justice mayrequire, other than an order increasingthe punishment awarded by theSuperintendent.

80. The jailer shall enter in a separate book, calledthe Punishment Book, a statement of the nature ofany offence that has been punished under the precedingsection, with the addition of the name of the offender,the date of the offence, and the amount of punishmentinflicted. Such statement shall be signed by theSuperintendent or by the Visitor who shall haveinflicted such punishment.

81. (1) (a) If any prisoner is charged with mutinyor incitement to mutiny, or with escape or attempt toescape or abetment of escape from lawful custody, orwith causing hurt or grievous hurt to a prison officeror with attempt to cause hurt or grievous hurt to aprison officer by means of any instrument for shoot-ing, stabbing or cutting, or any instrument which, whenused as a weapon of offence, is likely to cause death;or

(b) if any prisoner is charged with any offenceagainst prison discipline which, in the opinion of theSuperintendent or a Visitor acting under section 79,is not adequately punishable by him or is not adequatelypunishable under that section by reason of theprisoner's record of previous convictions of offencesagainst prison discipline, the Superintendent shall inthe former case, and the Superintcndent or Visitor may in thelatter, cause the offender to be tried by a Magistrate of theDivision in which the prison is situated and two Visitors whoshall be members of the Local Visiting Committee, unless forany reason no member of that committee is able to serve on thattribunal.

(2) Every inquiry into a prison offence under thissection shall be held in the prison on such date notlater than seven days after the receipt of informationof the offence from the Superintendent, as the Magistratemay appoint:

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PRISONS [Cap. 54

Provided that no delay beyond the aforesaid periodof seven days shall be deemed to invalidate any inquiryheld under this section, if the Magistrate certifiesthat the delay was due to a cause which, in his opinion,is good and sufficient.

(3) Every Visitor summoned for the purpose ofacting in a judicial capacity under the provisions of thissection shall attend at the prison on the date and atthe time specified unless prevented by illness or othersufficient cause :

Provided that in the event of either or both of theVisitors summoned failing so to attend, the Magistrateand the Visitor who is present or the Magistratealone, as the case may be, may perform all thefunctions and exercise all the powers of the tribunal.

(4) The tribunal shall have power to inquire intothe offence upon oath or affirmation and by a majorityverdict to punish the offender—

(a) with confinement in a punishment cell for anytime not exceeding one month ; or

(b) with any one of the several punishments aSuperintendent is authorized to impose undersection 79 ; or

(c) with imprisonment of either description for aterm not exceeding five years in the case ofthe offence of escaping or attempting to escapefrom lawful custody or the abetment of anysuch offence and not exceeding six months inany other case;

(d) with corporal punishment not exceeding twenty-four lashes with a whip or twenty-four strokeswith a rattan in the following cases :—

(i) mutiny or incitement to mutiny,(ii) causing hurt or grievous hurt to a prison

officer, or attempting to cause hurt to anysuch officer by means of an instrumentfor shooting, stabbing, or cutting or anyinstrument which, when used as aweapon of offence, is likely to causedeath ; or

375

[§ 24, 53 of 1939.]

Cap. 54] PRISONS

[§ 24, 53 of 1939.]

Punishmentfor evasionof labour.[§ 25, 53 of 1939.]

(e) with a combination of any two of the above-mentioned punishments.

(5) Nothing in this section shall authorize the inflic-tion of corporal punishment on any offender below theage of sixteen years otherwise than in accordance withthe provisions of the Corporal Punishment Ordinance,or on any female prisoner or on any civil prisoner oron any person remanded by a court pending inquiryor trial.

(6) In any case where the whole or any part of asentence of corporal punishment cannot for any reasonbe carried into execution, the Superintendent shallreport the fact to the Magistrate who, with theconcurrence of the other members of the tribunal whichinquired into the offence, may order that in lieu ofcorporal punishment or in lieu of so much of the corpo-ral punishment as was not carried out, the offenderbe punished with imprisonment of either descriptionfor any term which the tribunal is competent to impose,any imprisonment so imposed being in addition to anyother punishment already imposed on the offender forthat offence:

Provided that if for any reason the report of theSuperintendent under this subsection cannot be con-sidered by the tribunal which originally inquired intothe offence, it shall be competent for another tribunalduly constituted under this section to consider suchreport and to make order thereon as herein beforeprovided.

(7) A term of imprisonment imposed under thissection shall not run concurrently with, but shall bein addition to, any term of imprisonment or of preven-tive detention which the offender may be undergoingat the time of the inquiry.

(8) Any term of imprisonment imposed under anyother written law on an offender at any time whilehe is serving a term of imprisonment imposed underthis section, shall commence on the expiry of the termof imprisonment imposed under this section.

82. (1) Where a prisoner, undergoing any sentenceor punishment of any description duly imposed on him,is convicted, under section 79 or section 81 or under

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PRISONS [Cap. 54

any other written law, of any of the following offencesagainst prison discipline, namely—

(a) refusing to work,(b) failing to perform his allotted task,(c) wilfully evading labour by self-disablement or

by refusing to take food or by feigning madnessor illness or other incapacity for work,

he shall, after undergoing such sentence or punishmentas may be imposed on him for that prison offence,undergo for an additional period equal to the periodduring which that prison offence may have beencontinued, the sentence or punishment which he wasundergoing at the time the prison offence wascommitted.

(2) Where any new sentence of imprisonment isimposed on a prisoner after the date of his convictionof any of the offences specified in subsection (1), suchnew sentence shall commence only on the expiry ofthe additional period referred to in that subsection.

83. Every prisoner found guilty by a court of law,of by the authority or tribunal specified in section 79or section 81 either of assaulting or using criminalforce on or causing hurt or grievous hurt to a prisonofficer or of an escape or an attempt to escape, shall,if the Commissioner-General by order in writing so directs, inaddition to any other punishment—

(a) forfeit all or any of the remission marks previ-ously earned by him ;

(b) be classed and treated in all other respects asa prisoner commencing a new sentence ;

(c) wear, for such period as may be specified in theorder, such distinctive clothing as may be pres-cribed by rules made under section 94.

84. There shall be no appeal from a conviction orsentence under section 79 or section 81.

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Additionalpenaltiesfor prisonersguilty ofescape or ofassaultingprisonofficers.

No appealfromconvictionsundersection 79or section 81.

Cap. 54] PRISONS

Ordinarycriminalcourts toretainjurisdiction.

85. Nothing contained in sections 79, 81, 82, 83, and84 shall be deemed to deprive any competent court inSri Lanka, of its jurisdiction to hear and determine anycharge in respect of an offence punishable under thePenal Code or any other written law :

Provided, however, that no person shall be punishedboth under the aforesaid sections and by a court forthe same offence.

Corporalpunishment.

86. All corporal punishment within the prison shallbe inflicted in the presence of the Superintendent or aVisitor and the medical officer, subject to the law forthe time being in force relating to the infliction ofcorporal punishment.

Punishmentof offencescommitted byprisonofficers.[§ 26, 53 of 1939.]

87. (1) Any jailer or subordinate prison officercharged with ill-treating a prisoner, or with negligenceor remissness or inefficiency in the discharge of hisduties, or with a contravention of any of the provisionsof this Ordinance or of any rule made thereunder, orwith any other misconduct, may be dealt with inaccordance with the regulations for the time being inforce relating to the dismissal or other punishmentof public officers,

(2) Every jailer or subordinate prison officer, whoill-treats a prisoner or contravenes any of the provi-sions of this Ordinance or of any rule made thereunder,shall be guilty of an offence and may, where he is notin the discretion of the Commissioner-General deal with undersubsection (1), be prosecuted in the Magistrate's Courthaving jurisdiction over the place where the offenceis alleged to have been committed, and punished bysuch court on conviction after summary trial with afine not exceeding two hundred rupees, or withimprisonment of either description for a term notexceeding three months or with both such fine andsuch imprisonment.

(3) No person shall be punished both under sub-section (1) and under subsection (2) for the sameoffence.

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PRISONS [Cap. 54

PART XI

RESTRAINTS88. No prisoner shall be put under mechanical

restraint as a punishment.

89. (1) A prisoner may, when confined in aninsecure place or whenever he is outside prison walls,be put in handcuffs solely as a measure of precautionagainst violence, disturbance, mutinous conduct,escape, or rescue and, where the number of suchprisoners being males exceeds two, they may for thesame reason, be secured by a gang chain and wrist-cuffs.

(2) A male prisoner, when confined in an insecureplace or whenever he is outside prison walls, may, withthe approval of a medical officer, be put in body-beltwith side-cuffs to prevent violence, disturbance,mutinous conduct, escape or rescue, but only on theorders of a prison officer not below the rank of Jailer.

90. When, in order to prevent any prisoner frominjuring himself or others, or damaging property orcreating a disturbance, or using violence, or in anycase of insubordination or mutiny, it is necessary, inthe interests of discipline, to place him under mechani-cal restraint, a prison officer not below the rank ofJailer (or in the case of a prisoner mentally deranged,the medical officer) may order him to be placed undermechanical restraint. The use of restraints under thissection shall forthwith be reported to the Superin-tendent, who shall inquire into the matter, give suchorders as appear to be necessary and report the circums-tances to the Commissioner-General for final decision.

91. No prisoner shall be kept under mechanicalrestraint for a longer period than is necessary, and inno case for more than twenty-four consecutive hoursunless an order approving such restraint and specifyingthe cause and duration thereof is made by the Commissioner-General. Such order shall be preserved by the Superintendentas his authority for the employment of restraint.

379

Prohibitionof mechanicalrestraint aspunishment.

Means ofrestraint forpurposes of extra-muralsecurity.

Means ofrestraint forpurposes ofintra-muraldiscipline.

Duration ofrestraint.

Cap. 54] PRISONS

Register ofRestraints.[§ 27, 53 of 1939.]

Means ofrestraint tobe prescribed.

[§ 28, 53 of 1939.]

Power tomake rules.[§ 29, 53 of 1939.]

92. Particulars of every case in which any mechani-cal restraint is used under section 89 (2) or section 90shall be forthwith recorded by the Superintendent ina " Register of Restraints " which shall be kept in everyprison in such form as may be prescribed by rulesunder section 94.

93. No handcuffs, body-belts or other mechanicalmeans of restraint shall be used except of such patternsand in such manner and under such conditions as maybe prescribed by rules made under section 94.

PART XII

MISCELLANEOUS

94. (1) The Minister may from time to time makeall such rules, not inconsistent with this Ordinanceor any other written law relating to prisons, as maybe necessary for the administration of the prisons inSri Lanka and for carrying out or giving effect to theprovisions and principles of this Ordinance.

(2) In particular and without prejudice to the gene-rality of the foregoing powers, the Minister may makerules for all or any of the following purposes ormatters :—

(a) the medical examination and the taking ofmeasurements, photographs, finger-prints, foot-prints or other records, of prisoners, includingparticulars of the previous history of any suchprisoners;

(b) the persons, if any, to whom such measurements,photographs, finger-prints, foot-prints or otherrecords may be sent or supplied;

(c) the disposal of the clothing and property ofprisoners on admission ;

(d) the classification, separation, safe custody, treat-ment and discipline of prisoners, and the classesof diet to be provided for prisoners ;

(e) the specifications and requirements of the severaltypes of cells and wards ;

(f) the kind of labour to be exacted from prisonersat the different stages of their imprisonment,the manner in which and the place or placesat which such labour may be exacted ;

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PRISONS [Cap. 54

(g) the computation of sentences ;(h) visits to prisoners, and correspondence or other

communication with prisoners ;(i) the religious instruction and the education of

prisoners ;(j) rewards for good conduct and the remission of

sentences to be allowed to prisoners for indus-try and good conduct, and the conditions inwhich such remissions may be allowed ;

(k) means of restraint, the patterns or types thatmay be used and the circumstances and themanner in which they may be used ;

(l) the supply of money, food, clothing or means oftravelling to prisoners on their discharge ;

(m) rewards for the recapture of escaped prisoners ;(n) the sanitation of the prisons and the health of

prisoners and prison officers ;(o) inspection, inquiries and other proceedings by

Visitors ;(p) the duties of the Superintendent and other

prison officers, and of persons appointed to actas jail guards or sentries or as escorts for thepurposes of the custody of prisoners outsideprison walls ;

(q) any other purposes or matters for which rulesare authorized or required by this Ordinanceor by any other written law in any contextrelating to prisons.

(3) No rule made under this section shall heve effect untilit is approved by Pa r l imen t and not i f ica t ion of suchapproval is published in the Gazelle. Every rule, in respect ofwhich such notification is published, shall be as validand effectual as if it were herein enacted.

95. A copy of the committal of any prisoner by acompetent court, or a copy of the extract from thecalendar relating to any prisoner who may have beenconvicted by the High Court, shall, if such copybe certified by the Superintendent of any prison, besufficient prima facie evidence for all purposes of thelawful custody of such prisoner :

381

Certified copyof committalsufficientevidence oflawfulcustody.

Cap. 54] PRISONS

Order forproduction ofprisonersbefore anycourt.

No prisonerto be anassessor at aninquest.

Provided, however, that it shall be lawful for a com-petent court to require the production of the originalcommittal, where the court shall deem the samenecessary.

96. Whenever any prisoner is required to appearbefore any court, to give evidence, or for any otherpurpose, it shall be lawful for such court in its discre-tion, if it considers the presence of such prisonernecessary for the ends of justice, by an order in writingto direct the Superintendent of the prison, where suchprisoner shall be imprisoned, to produce such prisonerbefore such court, and such Superintendent shall in theabsence of good and sufficient cause to the contrary,cause such prisoner to be produced in compliance withsuch order.

97. In case any Magistrate or inquirer shall hold aninquest on the body of any prisoner who shall have diedwhile in custody, no prison officer or prisoner or personengaged in any trade or dealing with the prison shallbe an assessor at such inquest.

Warrants maybe addressedto Fiscal, whoshall giveprisoner intocharge ofjailer.

98. All warrants of commitment (except warrants ofcommitment for trial) and all warrants of remand or of arrest incivil or criminal process issued by any court, may, asheretofore, be addressed to the Fiscal and such Fiscal shall, withas little delay as possible after taking charge of or arresting theperson required by such warrant to be committed, remanded, orarrested, give such person into the charge of the Superintendentor Jailer of some prison of the district over which such courtmay have jurisdiction, together with a copy of the warrantcertified under the hand of such Fiscal. It shall thereuponbecome the duty of such Superintendent or Jailer to take chargeof and keep safely such prisoner until he shall be delivered fromprison in due course of law. And the copy of such warrant, socertified as aforesaid, shall be sufficient prima facie evidencefor all purposes of the lawful custody of such prisoner.

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PRISONS [Cap. 54

99. It shall be the duty of the jailer to deliver over tothe Fiscal or to any person authorized in writing in thatbehalf by such Fiscal, any civil and any unconvictedcriminal prisoner in charge of such jai ler , whenever sorequired by such Fiscal or authorized personaforesaid:

Jailer to deliverover to Fiscalcivil andunconviciedcriminalprisoners, whenso required.

Provided, however, that no civil prisoner shallbe removed or allowed by the Fiscal to go beyond thewalls or other enclosed limit of the prison, in whichsuch prisoner may be confined, unless upon special ruleand order of court requir ing the attendance of suchprisoner, or upon the application of such prisoner to becarried before any such court for the purpose of preferringany complaint or application.

Civil prisonernot to gobeyond limit ofprison exceptby order ofcourt.

100. The allowance .for the maintenance of judgment-debtors when supplied to the Fiscal under the pro-visions of section 315 of the Civil Procedure Code, shallbe paid by the Fiscal to the jailer of the prison whereinsuch prisoners are confined, for the purpose of suchmaintenance.

Allowancefor mainten-ance ofjudgment-debtorsto be paidover byFiscal tojailer.

101. All warrants of commitment for trial or ofremand or deliverance from prison issued by any court,shall be addressed to the Superintendent or jailer ofthe prison to or from which the person named in thewarrant is to be committed or delivered, and suchSuperintendent or jailer shall directly carry suchwarrant into effect according to law.

Warrants ofcommitment,&c., to beaddressed tothe Superin-tendent orjailer ofthe prison.

102. There shall be affixed in a conspicuous part ofevery prison in which judgment-debtors are confineda table of rates of prison allowance for judgment-debtors, in the Sinhala and Tamil languages, together with atranslation thereof in the English language.

103. All actions which may lawfully be broughtagainst the Government of Sri Lanka or against anyprison officer, in respect of any act done in pursuanceof this Ordinance or the rules made thereunder or any

383

Table of ratesof allowancefor judgment-debtors to beaffixed inprison.

Bar ofactions.[§ 30, 53 of 1339.]

Cap. 54] PRISONS

other written law for the lime being in force relatingto the prisons i n Sri Lanka, shall be insti tuted wi th insix months from the date of such act and not afterwards.

104. In this Ordinance, unless the context otherwiserequires—

"assault", "criminal force", "hurt", and "grievous hurt ",respectively, have the same meaning as in the PenalCode;

"civil prisoner" means—

(a) a judgment-debtor committed to prison underthe Civil Procedure Code ; or

(b) a person committed to prison under section252 of the Code of Cr iminal Procedure Act,No. 15 of 1979, in default of payment of a fineimposed under that section of that Act; or

(c) a person ordered to be detained in prison undersection 390 of the Code of Criminal ProcedureAct, No. 15 of 1979; or

(d) a person committed to prison under section 422 (4)of the Code of Criminal Procedure Act, No 15 of1979.; or

(e) a person committed to prison for contempt of court,not being a person sentenced—

(i) to rigorous imprisonment for contempt ofcourt;

(ii) to simple or rigorous imprisonment as for acontempt of court under section 449 (1) ofthe Code of Criminal Procedure Act, No.15 of 1979; or

(f) a person committed to prison by order of a civilcourt under any provision of written law whichdoes not au thor ize a sentence of rigorousimprisonment to be imposed;

" close confinement" means confinement which deprives ap r i sone r of a l l means of communicat ion wi th otherprisoners;

" Commissioner -General" means the Commissioner Generalof Prisons;

" court*" includes a Rural Court;* Should be ommitcd consequent to the repeal of the Rural Courts Ordinance

by Law No. 44 of 1973.

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Interpretation.

PRISONS [Cap. 54

" criminal prisoner " means any prisoner other thana civil prisoner ;

"prison" includes any prison hospital and anygrounds or buildings occupied or used for thepurposes of the prison ;

" prison officer " means an officer of the prison staff ;" punishment cell" means an unfurnished cell used

for the purpose of carrying out any punish-ment ;

" Visitor " means—(a) a member of the Board of Prison Visitors

or of a Local Visiting Committee, actingindividually in any matter in which heis authorized by this Ordinance to actindividually, or

(b) an Additional Prison Visitor.

SCHEDULEPrisons Limits or Districts

AnuradhapuraBadullaBatticaloaBreakwater *GalleHulftsdorpJaffnaKalutara *Kandy, BogambaraKandy, Remand PrisonKeealla *Kundasale, Open Prison Camp }The whole of Sri LankaMaharaMannar *Matara, Old Fort premisesNegomboSlave Island *TangallaTrincomalee *WelikadaWelikada, Remand PrisonWelikada, Old Magazine premises

Prisons Limits or DistrictsChilaw * .. The limits for the time being of the

jurisdiction of the District Court ofChilaw.

Matale * , .. The limits for the time being of thejurisdiction of the Magistrate's Court

of Matale.Mullaittivu * .. The limits for the time being of the

jurisdiction of the District Court ofMullaittivu.

Panadure * .. The limits for the time being of thejurisdiction of the Panadure Magis-trate's Court.

* These prisons have been closed by Order of the Ministerpublished in Gazette No. 10,640 of 12th February, 1954.

385

[Section 2.]