OrdinancesNos-16ofl877,

1 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.l0ofl948-,

12 of 1952,35 of 1952,21 of 1958,

6 of 1980.

Short title.

CHAPTER 66PRISONS

AN ORDINANCE TO AMEND AND CONSOLIDATE THE LAW RELATING TO PRISONS.

Establishmentof prisons.

Prisons may beclosed and newprisonsestablished.

Temporaryshelter ofprisoners.

1. This Ordinance may be cited as thePrisons Ordinance.

PART I

ESTABLISHMENT AND OFFICERSOF PRISONS

2. The prisons situated at the placesmentioned in the Schedule shall be orcontinue to be prisons for the reception ofprisoners of every description committed orremanded under the authority of any court,having Jurisdiction within any part of thedistricts or limits set opposite the names ofsuch places respectively in the saidSchedule :

Provided always that it shall be lawful forthe Minister, by Order, at any time or fromtime to time to close any of the prisonsmentioned in the Schedule, or to make anyalteration in the districts or limits withinwhich any such prisons are appointed, andalso to establish any other prison or prisonsfor Sri Lanka or for any part thereof, andany such Order to revoke, alter, or amend ;and every prison so established shall becomesubject to the provisions of this Ordinancein the same manner as if such prison hadbeen mentioned in the Schedule.

3. Whenever it appears to the Ministerthat the number of prisoners in any prison isgreater than can conveniently or safely be

[1st May, 1878.]

kept therein, or whenever from theoutbreak of epidemic disease within anyprison or for the performance of labour orfor any other reason it is desirable toprovide for the temporary shelter or safecustody of any prisoners without the wallsof any prison, provision shall be made insuch manner as the Minister may from timeto time specially or by any general rules tobe made in the manner provided in section94 direct, for the temporary shelter or safecustody without the walls of the prison of somany of the prisoners as cannot beconveniently or safely kept therein.Prisoners for whom such shelter or custodyis provided as aforesaid shall be subject tothe provisions of this Ordinance and to anyrules to be made under section 94 in thesame manner in every respect as if they werewithin a prison.

4. It shall be lawful for the Minister orthe Commissioner, by writing under hishand, to direct the removal of any prisonerfrom one prison to another; and suchwritng shall be sufficient warrant for theSuperintendent or the jailer of the prison, towhich such prisoner shall be so directed tobe removed, to receive and detain suchprisoner and deal with him according tolaw.

Minister orCommissionermay removeprisoners fromone prison toanother.

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Warrants ofcommitmentby Judges, &c.,when good outof theirjurisdiction.

AppointmentofCommissionerand DeputyCommissionerof Prisons.

Direction andcontrol ofprisons.

Prison officers.

5. The warrant or sentence of anyJudge, Magistrate, or Primary Courtcommitting any person for any offencecognizable by such Judge, Magistrate orPrimary Court to any prison wherein suchperson may be lawfully detained, shall begood and sufficient, whether such prisonshall or shall not be within the jurisdictionof such Judge, Magistrate or PrimaryCourt.

6. (1) There may be appointed—

(a) a person, by name or by office, to beor to act as Commissioner ofPrisons ;

(b) a person, by name or by office, to beor to act as Deputy Commissionerof Prisons.

(2) The general direction andadministrative control of all prisons in SriLanka shall, subject to the orders of theMinister, be vested in the person for thetime being holding the office ofCommissioner of Prisons.

(3) Any power, duty or function vested in,or imposed or conferred upon, theCommissioner, by this Ordinance or by anyother written law may, subject to suchgeneral or special directions as may be.issued in that behalf by the Commissionerwith the approval of the Minister, beexercised, performed or discharged by theperson for the time being holding the officeof Deputy Commissioner of Prisons.

7. (1) The staff of every prison shallconsist of a Superintendent, a medicalofficer, a jailer and such number ofsubordinate officers as the Minister may ineach case determine.

(2) In any case where the Minister deems•it necessary the staff of a prison may alsoinclude one or more of any of the followingclasses of officers, namely, AssistantSuperintendents, Probationary Superintendents,assistant medical officers, deputy jailers, andapothecaries.

(3) In every prison in which femaleprisoners are detained there shall be at leastone female officer.

(4) In every prison there shall be at leastone officer competent to interpret theSinhala language and one officer competentto interpret the Tamil language.

8. (1) The medical officer, assistantmedical officer or apothecary required forany prison shall be posted to such prison bythe Director of Health Services with theconcurrence of the Commissioner.

(2) The medical officer, assistant medicalofficer or apothecary of a prison shall, forthe purposes of section 81, be deemed to bea prison officer ; but shall in all otherrespects be under the supervision andcontrol of the Director of Health Services.

9. All appointments of any such officersas aforesaid heretofore made shall bedeemed to have been made under theprovisions of this Ordinance.

10. (1) Every prison officer shall, for thepurposes of this Ordinance, be deemed to bealways on duty.

(2) Every prisoner while being taken to orfrom any prison or while working outsideprison walls or remaining for any otherauthorized purpose under the custody andcontrol of any prison officer beyond thelimits of any prison, shall be deemed to bein prison and to be subject to the disciplineprescribed by this Ordinance and the rulesmade thereunder.

11. All prison officers shall be providedwith such weapons including batons, staves,arms, ammunition and accoutrements asmay be prescribed by rules made undersection 94.

11A. (1) The Minister may, with theconcurrence of the Minister in charge of thesubject of Finance, make rules providing forthe establishment and operation of a schemefor the grant of compensation to any prisonofficer who is permanently totally orpartially disabled, or to the legal heir orheirs of any prison officer who is dead, inany case where such disablement or death,as the case may be, is due to any injury—

(a) received by such officer while onduty, or

(b) received by-such officer while not onduty in the performance of some actwhich is within the scope of hisordinary duties, or

(c) received by such officer inconsequence of any act performed

- in the execution of his duties, or

Appointmentandsupervision ofmedicalofficers andapothecaries.

Pastappointmentsvaild.

Officers to bedeemed alwaysto be on dutyand prisonersalways underdiscipline.

Weapons andarms for prisonofficers,

Power to makerules for theestablishmentand operationof a scheme forthe grant ofcompensationin respect ofthe permanenttotal or partialdisablement ordeath of prisonofficers in thedischarge oftheir duties.[§2, 6 of 1980.]

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Officers toobey Superin-tendent.

(d) received by such officer as a result ofany act of reprisal occasioned by orarising out of any action taken byhim in the execution of his duties.

Such rules may provide for the principles,exceptions, restrictions and conditionsaccording, and subject, to which suchcompensation will be granted and for allother matters necessary or expedient for theestablishment and operation of suchscheme.

(2) Any compensation granted inaccordance with rules made under thepreceding provisions of this section shall bea charge on the Consolidated Fund.

(3) Where in any case a dispute arises as towhether or not compensation is payable oras to the amount of compensation payableunder any rules made under the precedingprovisions of this section, such dispute shallbe determined by the Secretary to theMinistry charged with the subject of Justice.

(4) Any compensation granted inaccordance with rules made under thepreceding provisions of this section inrespect of the disablement or death of aprison officer shall be in addition to anypension, gratuity, compensation, allowance,or other benefit, granted in respect of suchdisablement or death under the Minutes onPensions.

(5) For the purposes of this section" prison officer ", means the Commissionerof Prisons, Deputy Commissioner ofPrisons, officers of the prison staff andincludes any other person employed in theDepartment of Prisons.

PARTII

DUTIES OF OFFICERS12. (1) All prison officers shall obey the

directions of the Superintendent.

(2) The matron and all subordinateofficers shall perform such duties as may bedirected by the jailer with the sanction ofthe Superintendent; and the duties of thematron and of each subordinate officer shallbe inserted in a book to be kept by her orhim.

13. It shall be the duty of every prisonofficer to preserve order and disciplineamong the prisoners in accordance with theprovisions of this Ordinance and the rulesmade under section 94 and of any otherwritten law applicable to prisons ; and forsuch purpose it shall be lawful for a prisonofficer to use all such means, including suchdegree of force, as may reasonably benecessary to compel obedience to any lawfuldirections given by him.

14. No prison officer shall sell or let, norshall any person in trust for or employed byhim sell or let, or derive any benefit fromselling or letting, any article to any prisoner.

15. No prison officer shall, nor shall anyperson in trust for or employed by him,have any interest direct or indirect in anycontract for the supply of the prison ; norexcept so far as is expressly allowed by rulesmade under section 94, shall he derive anybenefit directly or indirectly from the sale ofany article on behalf of the prison orbelonging to a prisoner.

SUPERINTENDENT

16. Subject to the directions of theCommissioner, the Superintendent shall—

(a) manage the prison in all mattersrelating to discipline, labour, expenditure,punishment, and control;

(b) correspond on all matters connectedwith the prison with the Commissioner ;

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

(d) periodically inspect all property of theGovernment in his charge and reportthereon to the Commissioner ;

(e) generally obey all rules made undersection 94 for the guidance of theSuperintendent.

17. Any of the duties or functions,imposed on the Superintendent by theprovisions of this Ordinance and the rulesmade under section 94 or of any otherwritten law, may be performed or exercisedby an Assistant Superintendent or aProbationary Superintendent, under thegeneral or special directions of theSuperintendent, or in the absence of theSuperintendent; and for the purposes of the

Duty of prisonofficers tomaintaindiscipline andorder amongprisoners.

Officers not tosell or let toprisoners.

Officers not tocontract withprisoners.

Duties ofSuperin-tendent.

Duties andpowers ofAssistantSuperintendentsandProbationarySuperintendents.

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Power to makerules as tomedicalofficer's duties.

Medical officerto obey rules.

Medical officerto report casesrequiringspecialattention.

Treatment ofprisonersfailing orrefusing to takefood,

performance or exercise of such duties orfunctions, an Assistant Superintendent orProbationary Superintendent shall bedeemed to have all the powers, privileges,protections and immunities conferred byany of the aforesaid provisions of law uponthe Superintendent.

MEDICAL OFFICER

18. (I) It shall be lawful for the Ministerafter consulting the Minister in charge ofthe subject of Health to make rules as toeach of the following matters :—

(a) how often the medical officer shallvisit the prison and see eachprisoner ;

(b) the records to be made respecting sickprisoners ;

(c) periodical inspection of every part ofthe prison ;

(d) reports on its cleanliness, drainage,warmth, and ventilation ;

(e) reports on the provisions, water,clothing, and bedding supplied tothe prisoners,

(2) The medical officer shall obey all rulesmade under subsection (I).

19. Whenever the medical officer hasreason to believe that the health of aprisoner is or is likely to be injuriouslyaffected by the discipline, diet, or treatmentto which he is subjected, the medical officershall report the case in writing to theSuperintendent, together with suchrecommendations as the medical officerthinks proper.

20. (1) It shall be the duty of the medicalofficer to keep under close observationevery prisoner whose health is or is likely tobe injuriously affected by any inability orfailure to take food or sufficient food, andto subject every such prisoner to anymedical treatment that may be necessary atthe earliest possible stage after his conditionis discovered.

(2) The medical officer may, whenever heconsiders it to be necessary or advisable,adopt any device or means which mayappear to him to be suitable—

(a) for the compulsory feeding of anyprisoner who, in the opinion of themedical officer, feigns inability totake food or wilfully refuses foodwith intent to procure a dischargefrom prison or any exemption fromlabour or for any other reason ; or

(b) for the artificial feeding of anyprisoner who has becomeunconscious or otherwise unable tofeed himself.

(3) The medical officer shall personallycarry out the compulsory or artificialfeeding required in any case referred to insubsection (2), and shall, in every such case,take all due precautions to ensure that nogreater force is used than may be reasonablynecessary for the purposes of such feeding.

(4) The medical officer shall report to theSuperintendent for the information of theCommissioner, and to the Director ofHealth Services, full particulars of everycase of compulsory or artificial feedingcarried out by him.

(5) No criminal prosecution or civil actionshall be instituted or maintained against themedical officer in respect of any injurycaused or alleged to have been caused toany prisoner by any act of the medicalofficer in the course of any compulsory orartificial feeding carried out by him or bythe omission of the medical officer in theexercise of his discretion to adopt anymeasures for the compulsory or artificialfeeding of the prisoner.

21. On the death of any prisoner themedical officer shall forthwith record inwriting the following particulars, namely :—

(a) when the deceased was taken ill;

(b) when the medical officer was firstinformed of the illness ;

(c) the nature of the disease ;

(d) when the prisoner died ;

(e) and (in cases where a post-mortemexamination is made) an account ofthe appearances after death;together with any special remarksthat may appear to the medicalofficer to be required.

Medical officerto make entriesas to death ofprisoners.

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22. Where an assistant medical officer isappointed to a prison, he shall be competentto perform any duty required by thisOrdinance or by any rule made hereunder tobe performed by the medical officer.

Assistantmedical officer.

23. The medical officer, and anyassistant medical officer or apothecaryappointed to a prison shall perform theirduties in the prison in co-operation with theprison staff and with due regard to themaintenance of discipline and the securityand the proper administration of the prisonin accordance with this Ordinance and therules made in that behalf under section 94or with any other written law.

Duties ofmedical officer,&c.

JAILER

Residence of 24. (1) The jailer shall reside in theJailer, prison or in such convenient place near

thereto as the Superintendent shall bywriting appoint.

(2) The jailer shall not without theCommissioner's sanction be concerned inany other employment.

25. The jailer shall deliver to the medicalofficer daily a list of such prisoners (if any)as are confined in punishment cells.

Jailer to deliverlists ofprisoners (ifany)inpunishmentceils.

Jailer to givenotice of deathof prisoners.

26. Upon the death of a prisoner thejailer shall give immediate notice thereof tothe Superintendent and to the Magistratehaving jurisdiction over the area in whichthe prison is situated, and also whenpracticable, to the nearest relative of thedeceased. The jailer shall also report to theSuperintendent from time to time, as theyoccur, all escapes and recaptures. He shallalso report to the Superintendent and to themedical officer, without delay, all outbreaksof epidemic disease.

27. The jailer shall keep or cause to bekept the following records :—

Jailer to keepbooks andaccounts.

(a) a register of warrants ;

(b) book showing when each prisoner isto be released ;

(c) punishment hook for the entry of thepunishments inflicted for prisonoffences ;

(d) a Visitors* book for the entry of anyobservations made by Visitors tothe prison;

(e) a record of the money and otherarticles taken from prisoners ;

and all such other records as may beprescribed by rules made under section 94.

28. The jailer shall be responsible for thesafe custody of the records to be kept byhim under the preceding section, and alsofor the commitments and all otherdocuments committed to his care.

Jailerresponsible forsafe custody ofdocuments.

29. The jailer shall not be absent from Jailer not to bethe prison or from his residence, if residing absent without

outside the prison, for a night without leavepermission in writing from theSuperintendent; but if absent without leavefor a night from unavoidable necessity, heshall at the earliest opportunity report thefact and the cause of it to theSuperintendent.

30. When an assistant jailer is appointed Asssistantto a prison, the Superintendent may at his jailerdescretion by written order assign any partof the jailer's duties to such assistant jailer ;and in such case the same responsibilitiesshall attach to such assistant jailer in respectof such duties as attach to the jailer.

31. Where there is no assistant jailer, orwhen his services are not available by reasonof sickness or other cause, theSuperintendent shall, when the jailer isabsent from the prison or temporarilyincapacitated, appoint by writing under hishand some person to act as his substituteduring such absence or incapacity, and thesubstitute so appointed shall have all thepowers and perform all the duties of thejailer.

MATRON

32. The matron shall reside in the prisonor in such convenient place near theretoas the Superintendent shall by writingappoint ; and she shall not without theSuperintendent's sanction absent herselffrom the prison or from her other dwellingplace, nor shall she without such sanction beconcerned in any other employment. It shallbe her duty constantly to superintend thefemale prisoners.

Residence andduties ofmatron.

SUBORDINATE OFFICERS

33. The officer acting as gate-keeper, orany other prison officer, may examineanything carried into or out of the prison

Powers ofgate-keeper.

Substitute forjailer in case ofnecessity.

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Subordinateofficers not tobe absentwithout leave.

Power toappoint, andremove fromoffice. Boardof PrisonVisitors, LocalVisitingCommittees,and AdditionalPrison Visitors.[§2,2 lo t1958.]

and may stop and search any personsuspected of bringing spirits or otherprohibited articles into the prison, and ifany such articles or property be found shallgive immediate notice thereof to the jailer ;

Provided that the persons of females shallbe searched by some female prison officer.

34. Subordinate officers shall not beabsent from the prison without leave fromthe Superintendent or from the jailer, andbefore absenting themselves they shall leavetheir keys in the jailer's office.

PART III

VISITORS

35. (1) It shall be lawful for theMinister, by notice published in the Gazette,to appoint—

(a) for all prisons in Sri Lanka generally,a Board of Prison Visitorsconsisting of seven members, all ofwhom shall be persons who do nothold any public office under theState ;

(b) for each of the prisons in Sri Lanka, aLocal Visiting Committeeconsisting of four persons who arenot members of the Board of PrisonVisitors and do not hold any publicoffice under the State ; and

(c) for any specified prison or group ofprisons, one or more AdditionalPrison Visitors, each of whom shallbe a person who is not a member ofthe Board of Prison Visitors or of aLocal Visiting Committee and doesnot hold any public office under theState.

(2) Every member of a Local VisitingCommittee shall for the purposes of thisOrdinance be deemed to be a Visitor of theprison for which the committee isappointed, and, save as otherwise expresslyprovided, shall, in relation to that prison,exercise the powers and perform the duties•of a Visitor accordingly,

(3) Any person appointed under thisOrdinance as a Visitor may be removedfrom office by the Minister at any time.

Duties ofBoard ofPrison Visitors,Local VisitingCommittees,and AdditionalPrison Visitors.[§3, 21 of1958.]

(4) Every Visitor appointed under thisOrdinance shall hold office for a period ofthree years from the date of hisappointment, unless he is earlier removedfrom office by the Minister :

Provided, however, that where anyVisitor is appointed for any shorter periodspecified in the notice relating to hisappointment, such Visitor shall hold officeonly for the period so specified.

36. (1) It shall be the duty of the Boardof Prison Visitors—

(a) to hold a meeting of the board at •least once in three months ;

(b) to elect a chairman from among themembers at the first meeting heldafter the appointment of the board ;

(c) to advise the Commissioner inmatters relating to the generaladministration of prisons in SriLanka ; and

(d) to investigate and report on anymatter concerning prisons referredto the board either by the Ministeror by the Commissioner.

The quorum for any meeting of the boardshall be three members.

(2) It shall be the duty of every LocalVisiting Committee—

(a) to elect a chairman from among themembers at a meeting held as soonas may be after the appointment ofthe committee ;

(b) to conduct such inquiry as may benecessary, whenever any specialmatter, concerning the prison forwhich the committee has beenappointed, is referred to thecommittee for inquiry by theMinister or the Commissioner, and

(1A) The chairman of the Board of Prison [§3,21 ofVisitors shall, unless he earlier resigns the 1958-]office of such chairman or ceases to be amember of the board, hold such officeduring the term for which he is a member ofthe board.

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PRISONS [Cap. 66

to report their opinion thereon tothe Minister or the Commissioneras the case may be ;

(c) to hold a meeting once in each half-year at the prison for the purpose ofconsidering matters concerning theprison not specially referred to thecommittee by the Minister or theCommissioner under sub-paragraph(b), and to furnish a half-yearlyreport to the Commissioner on anymatter which in the opinion of thecommittee it is expedient to refer tohim for consideration.

(3) It shall be the duty of the chairman ofeach Local Visiting Committee—

(a) to prepare a rota of attendance and tomake all such arrangements as maybe necessary to ensure that at leastone member of the committee shallvisit the prison once at least inevery week and shall hold himself inreadiness to attend at the prison atany reasonable time to hear anycomplaint that a prisoner maydesire to make;

(b) to sign all letters and reports on behalfof the committee ; and

(c) to summon the half-yearly meetings ofthe committee and all such othermeetings as may from time to timebe necessary for the purposes of anyinquiry to be held under subsection(2)(fr).

(4) It shall be the duty of every Visitorwho is a member of a Local VisitingCommittee—

(a) to inquire into and report on anymatter relating to the prison whichmay be specially referred to him forinquiry or report by the Minister orthe Commissioner ;

(b) unless he is prevented by illness orother sufficient cause, to visit theprison once at least in every week inany period during which he isrequired in accordance with therota of attendance or otherarrangements made by thechairman, to visit the prison, and tohold himself in readiness during

that period to attend at the prisonat any reasonable time to hear anycomplaint that a prisoner maydesire to make ;

(c) to attend at the prison whenever he issummoned to act as memebr of atribunal for the purposes of section81;

(d) to enter in the log book after each visit" made by him to the prison, a,

statement of all matters relating tothe prison which were investigatedby him during the visit; and

(e) to record in the complaint book eachcomplaint made to him by aprisoner and the proceedings takenby him on such complaint.

(5) Any Additional Prison Visitor shall, inrelation to the prison or any of the prisonsto which he has been appointed, be entitledto exercise the rights of an individualmember of a LocalVisiting Committee, andshall, whenever called upon by theSuperintendent of such prison, perform inrespect of such prison any of the dutiesimposed by this Ordinance or any otherwritten law upon an individual member of aLocal Visiting Committee.

(6) Every Visitor shall, in the performanceof his duties, act in conformity with theprovisions of this Ordinance, the rules madethereunder and any other written lawrelating to prisons, and shall co-operatewith the prison staff in the maintenance ofdiscipline in, and the good management of,the prison in or in respect of which suchduties are performed.

37. (1) Every Visitor shall be entitled—

(a) to visit any prison at any time ;

(b) to have free access to any part of anyprison or to any prisoner therein ;

(c) to inspect the condition of any part ofthe buildings or the premises of anyprison, • or any appliance orequipment provided therein for theuse of the prisoners ;

(d) to inspect or test the diet provided forthe prisoners in any prison ;

(e) to inquire into the general conditionand treatment of the prisoners inany prison;

Powers ofVisitors.

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Visitors' book,log book, andcomplaintbook.

-(f) to record in the Visitors* book or in thelog book, as the case may be, astatement of the facts discovered byhim in the course of any inspectionor inquiry under any of theforegoing paragraphs of thissubsection and any observations hemay desire to make as a result ofsuch inspection or inquiry :

Provided, however, that no Visitor shall beentitled— .

(i) if he is a member of a Local VisitingCommittee or an Additional PrisonVisitor, to visit or to have access to,or to hold any inspection or inquiryin, any prison other than the prisonor one of the prisons for which hehas been appointed ; or

(ii) ;to hold any inquiry, or make anyobservation or recommendation, as

.to any matter connected with theappointment, promotion or transfer

. of any prison officer or thesupervision, control or discipline ofthe prison staff; or

(iii) save as provided in sections 41 (2)and 79, to issue any order to anyprison officer or prisoner.

(2) Nothing in this section contained shallbe deemed to authorize the Board of PrisonVisitors or a Local Visiting Committee tohold any inquiry, or make any observationor recommendation, as to any matterconnected with the appointment,promotion, or transfer of any prison officer.or the supervision, control, or discipline ofthe prison staff or to issue any order to anyprison officer or prisoner.

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

(a) to keep within the prison—(i) a Visitors' Book in which the

Judges of the Supreme Court,Judges of the Court ofAppeal, Members ofParliament, Judges of theHigh Court, and members ofthe Board of Prison Visitorsmay record any observationsor recommendations after avisit paid by them. to the prison ;

(ii) a log book in which members ofLocal Visiting Committees orAdditional Prison Visitorsmay record statements orparticulars of the businesstransacted during their visitswhich they are required orauthorized to record by thisOrdinance or the rules madethereunder ;

(iii) a complaint book in which anyVisitor may record thecomplaints made to him byprisoners and the proceedingstaken upon such complaints ;and

(b) to produce the Visitors' book, logbook, or complaint book, as thecase may be, on demand made byany of the aforesaid persons in thecourse of any visit made by him tothe prison.

(2) It shall be the duty of theSuperintendent to transmit to theCommissioner, within such period as maybe specified by him, a copy of each newentry made in the Visitors' book or the logbook.

(3) The Commissioner may, afterconsideration of any report transmitted tohim under section 36 or section 41 or of anyentry in a Visitors' book or log book, ofwhich a copy is transmitted to him undersubsection (2), take such action thereon asto him may seem expedient.

39- (1) Nothing in this Ordinance shallbe deemd to abridge or affect the power of aJudge of the Supreme Court, a Judge of theCourt of Appeal or a Judge of the HighCourt to visit any prison at any time and tohold therein any inspection, investigation orinquiry which he may consider necessary.

(2) Any Member of Parliament, DistrictJudge, Judge of a Family Court, orMagistrate, or Judge of a Primary Courtmay visit any prison, between the hours of5.30 a.m. and 5.30 p.m. on any day for thepurpose of inspecting the general conditionof the prison and of the prisoners therein,and may record in the Visitors' book anyobservations or recommendations which hemay think fit to make after such inspection.

Power ofJudges andMembers ofParliament andMagistrates tovisit prisons.

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Penalty forresistance orobstruction topersonsauthorized toenter prisons.

Visitors to hearcomplaints andpunish orreport undersection 81.

(3) The provision of section 38 as to theproduction of the Visitors' book and thetransmission of copies of entries madetherein to the Commissioner shall apply inthe case of Judges of the Supreme Court,Judges of the Court of Appeal, Members ofParliament, Judges of the High Court,District Judges, Judges of the FamilyCourts, Magistrates and Judges of thePrimary Courts in like manner as in the caseof members of the Board of Prison Visitors.

(4) Every District Judge, Judge of aFamily Court, Magistrate or Judge of aPrimary Court shall for the purposes of thisOrdinance be deemed to be a Visitor of anyprison situated within his jurisdiction, andmay, in .relation to any such prison, exercisethe powers and perform the duties of aVisitor accordingly.

40. (1) No jailer or subordinate prisonofficer shall refuse admittance or offer anyhindrance or obstruction to a Visitor, aJudge of the Supreme Court, a Judge of theCourt of Appeal, a Member of Parliament,a Judge of the High Court, a District Judge,a Judge of a Family Court, a Magistrate, aJudge of a Primary Court, or any otherperson authorized by any written law toenter a prison.

(2) A jailer or subordinate prison officerwho acts in contravention of this sectionshall be guilty of an offence and shall beliable to be tried and punished thereforunder the provisions of section 87.

41. (1) Every Visitor appointed underthis Ordinance shall hear all complaintswhich may be made to him by any prisonerrespecting any deficiency in the quantity orquality of the food or respecting any ill-treatment that he may have received in theprison.

(2) Where any complaint appears to befrivolous or malicious, the Visitor hearing itmay order the confinement of the prisonermaking such complaint in a punishment cellfor not more than forty-eight hours, andmay direct that during the period of suchconfinement the prisoner be placed on themost restricted diet prescribed by rulesunder this Ordinance, and the jailer shallcomply with every such order or direction.

(3) Where any complaint is substantiatedto the satisfaction of the Visitor—

(a) if in his opinion the complaint is notof a serious character, he shallmake a report thereon to theCommissioner, and

(b) if he considers that the complaintdiscloses the commission of anoffence sufficiently serious torequire the intervention of a Courtof Justice, he shall immediatelyreport the matter to the Attorney-General and send a copy of hisreport to the Commissioner.

PART IVADMISSION, REMOVAL AND DISCHARGE

OF PRISONERS42. When a prisoner is first admitted,

and at any time thereafter when considerednecessary, he shall be searched, and allweapons and prohibited articles shall betaken from him.

43. Every criminal prisoner shall also, assoon as convenient after admission, beexamined by the medical officer who shallenter in a book to be kept by the Jailer arecord of the state of the prisoner's-healthand any observations which the medicalofficer thinks fit to add.

44. (1) The Commissioner or theSuperintendent may cause to be taken orrecorded, in such manner as may beprescribed by rules made under section 94—

(a) photographs, measurements, finger-prints and foot-prints of anycirminal prisoner ; and

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

(2) Any prisoner refusing or failing to giveany answer, or knowingly giving any answerwhich is false, to any question addressed tohim for the purposes of subsection (1), shallbe guilty of an offence against prisondiscipline.

(3) No photograph, finger-print, foot-print or record taken or kept under thissection shall be supplied or sent save to suchofficers or persons as may be specified byrules made under section 94.

Prisoners to besearched onentrance and asoften asnecessary.

Medicalexamination ofcriminalprisoners.

Fingerprinting, Ac.;of criminalprisoners.

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Effects ofcriminalprisonersretained.

Medicalexaminationbefore removalof prisoners.

Discharge ofprisoners.

45. All money or other effects in respectwhereof no order of a competent court hasbeen made, and which may be brought intoprison by any criminal prisoner or sent tothe prison for his use, shall be placed in thecustody of the jailer, and disposed of as maybe directed by rules to be made undersection 94.

*46. All prisoners, previously to beingremoved to any other prison, shall beexamined by the medical officer.

47. (1) The jailer shall be responsible forthe due discharge of each prisoner upon hisbecoming entitled to release whether by theexpiration of his term of sentence, or on thegrant of a pardon or on remission orcommutation of sentence, or by operationof law.

(2) The equivalent in days, and the date ofexpiry, of every sentence of imprisonmentor preventive detention, shall be calculatedin such manner as may be prescribed byrules made under section 94.

(3) Each prisoner entitled to release shallbe discharged from prison on the date onwhich he becomes entitled to release, or, ifthat date falls on a Sunday or other daywhich is for the time being specified in anyrule made under section 94 as a non-working day for all prisoners generally, thenon the day next preceding that date, at suchtime as may be prescribed by any such rule :

Provided, however, that where any suchprisoner is on that date under medicaltreatment for any acute or dangerous illness,he may be formally discharged, but unlesshe himself desires to leave, may be furtherdetained in prison until the medical officercertifies that the prisoner can be removedfrom prison without danger to his health.

(4) On the discharge of a prisoner fromany prison the Superintendent may, inaccordance with such rules as may be madein that behalf under section 94, provide himwith a railway warrant or with such amountof money as may be necessary, or with bothsuch warrant and such money, to enablehim to return to his home or intended placeof residence. All expenses incurred by theSuperintendent in providing such warrantor money shall be met out of such funds asmay be allocated for the purpose out of theConsolidated Fund.

PARTY

DISCIPLINE OF PRISONERS

48. The requisitions of this Ordinance Requisitions ofwith respect to the separation of prisoners Ordinance as

,. ,, to separationare as follows:— of prisoners.

(a) males shall be separated fromfemales ;

(b) juvenile prisoners, whenever it ispracticable, shall be separated fromadults ;

(c) convicted prisoners, whenever it ispracticable, shall be separated fromunconvicted ;

(d) civil prisoners, whenever it ispracticable, shall be separated fromcriminal prisoners ;

(e) prisoners committed for contempt ofcourt or for the non-payment ofany fine or penalty or of money dueupon any estreated recognizance orfor want of securities shall,whenever it is practicable, beseparated 'from other criminalprisoners.

49. No cell shall be used for separateconfinement unless it is furnished with themeans of enabling the prisoner tocommunicate at any time with a "prisonofficer.

50. Every prisoner under warrant ororder for execution shall, immediately onhis arrival in the prison after sentence, besearched by or by order of the jailer, and allarticles shall be taken from him which thejailer deems it dangerous or inexpedient toleave in his possession :

Provided that the prisoner, if a female,shall be searched by some female prisonofficer.

51. Every prisoner under such warrantor order, as is mentioned in the precedingsection, shall be confined in a cell apartfrom all other prisoners, and shall be placedby day and by night under the charge of anofficer or guard.

52. Due provision shall be made inevery prison for the enforcement of hardlabour in the cases of such prisoners as maybe sentenced thereto.

Cells to befurnished withmeans ofcommuni-cation.

Prisonersunder sentenceof death.

Every prisonerunder warrantfor executionto beseparatelyconfined andguarded.

Sentence ofhard labour tobe enforced.

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PRISONS [Cap.66

Femaleprisoners to beattended byfemales.No gaming tobe allowed.

No fee to betaken from aprisoner.

Rules as toclassification,&c.,ofprisoners.

Religiousinstruction andeducation.

Remission ofsentences andrewards forgood conduct.

Civil prisonermay maintainhimself.

53. Female prisoners shall in all cases beattended by female officers.

54. No gaming shall be permitted in anyprison, and the jailer shall seize and destroyall dice, cards, or other instruments ofgaming found in the prison or on the personof any prisoner.

55. No money shall be taken by anyprison officer by way of garnish, fee, orgratuity from any prisoner or any person onhis behalf or account, on his entrance intoor discharge from or during his detention inthe prison, under any pretence whatsoever.

56. The classification, separation, safecustody, treatment and discipline ofprisoners shall, without prejudice to theprovisions of sections 48 to 55, be subject tosuch rules as may be made in that behalfunder section 94.

57. Facilities at the discretion of theCommissioner may be allowed in everyprison, in accordance with such rules as maybe made in that behalf under section 94, forimparting religious or other instruction tothe prisoners.

58. A remission of sentence, or agratuity or privileges, according to suchscales as may be prescribed by rules madeunder section 94, may be earned by industryand good conduct by any prisoner who isundergoing a sentence of imprisonment ofeither description for a term or terms in theaggregate exceeding one month :

Provided, however, that this section shallnot apply to—

(a) a civil prisoner ; or(6) a person committed to prison under

Chapter VII of the Code ofCriminal Procedure Act; or

(c) a person committed to prison to servethe unexpired portion of anysentence of imprisonment orpreventive detention upon theforfeiture or revocation of a licenceto be at large under the Preventionof Crimes Ordinance.

PART VIFOOD, CLOTHING, AND BEDDING OF

CIVIL PRISONERS59. A civil prisoner shall be permitted to

maintain himself and to purchase or receivefrom private sources at proper hours, food,

clothing, bedding, or other necessaries, butsubject to examination and to suchconditions as may be approved by theCommissioner.

60. No part of any food, clothing,bedding, or other necessaries belonging toany civil prisoner shall be sold to any otherprisoner; and any civil prisonertransgressing this regulation shall lose theprivilege of purchasing food or receiving itfrom private sources for such time as theSuperintendent thinks proper.

61. Every civil prisoner unable toprovide himself with sufficient clothing andbedding shall be supplied by theSuperintendent with such clothing andbedding as may be necessary.

62. The food, clothing and beddingissued to each prisoner or each class ofprisoners shall, without prejudice to theprovisions of sections 59, 60, and 61, be inaccordance with such rules as may be madein that behalf under section 94.

PART VII

EMPLOYMENT OF PRISONERS

63. Civil prisoners may with theSuperintendent's permission work andfollow their respective trades andprofessions, and when they find their ownimplements, and are not maintained at theexpense of the prison or of the State, theyshall be allowed to receive the whole of theirearnings ; but the earnings of such as arefurnished with implements or aremaintained at the expense of the prison orthe State shall be subject to a deduction, tobe determined by the Superintendent, forthe use of implements and the cost ofmaintenance.

64. The medical officer shall from timeto time examine the labouring prisonerswhile they are employed, and shall enter inhis journal the name of any prisoner whosehealth he thinks likely to be injured by acontinuance of hard labour, and thereuponsuch prisoner shall not again be employed atsuch labour until the medical officer certifiesthat he is fit for such employment ; but ifthe medical officer certifies that suchprisoner may without detriment to hishealth be employed on some lighter kind oflabour, it shall be lawful for the jailer so toemploy him.

Civil prisonernot to sellprovisions.

Allowance ofclothing andbedding.

Nature of food,clothing andbedding ofprisoners.

Work andearnings ofcivil prisoners.

Examinationby medicalofficer oflabouringprisoners.

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Nature oflabour oremployment tobe assigned toprisoners.

Names of sickprisoners to bereported tojailer. Jailer toreport them tothe medicalofficer.

Entry ofrecommen-dations bymedical officer.

Infirmaries.

65. Every prisoner shall perform suchlabour, whether manual or otherwise, asmay be assigned to him ; and the nature andthe amount of labour assigned to andexacted from each class of such prisonersshall be in accordance with such rules asmay be made in that behalf under section94:

Provided that unconvicted prisoners orcivil prisoners shall not be required toperform any labour in excess of such labouras may, in the opinion of theSuperintendent, be reasonably necessary forkeeping in a clean and proper condition theprison or part of the prison in which theyare confined and the clothing, bedding,furniture and utensils allotted to prisonersof the class to which they are assigned, andfor preparing and serving the food ofprisoners of that class.

PART VIII

HEALTH OF PRISONERS

66. The names of prisoners desiring tosee the medical officer or appearing out ofhealth in mind or body shall be reported bythe officer attending them to the jailer ; andthe jailer shall without delay call theattention of the medical officer to anyprisoner desiring to see him, or who is ill,or whose state of mind or body appearsto require attention, and shall carry intoeffect the medical officer's wri t tenrecommendations respecting alterations ofthe discipline or treatment of such prisoner.

67. All recommendations given by the,medical officer in relation to any prisoner,with the exception of orders for the supplyof medicines or directions relating to suchmatters as are carried into effect by themedical officer himself or under hissuperintendence, shall be entered day by dayin his journal, which shall have a separatecolumn, wherein entries shall be made bythe Superintendent stating in respect of eachrecommendation the fact of its having beenor not having been complied with,accompanied by such observations, if any,as the Superintendent thinks fit to make,and the date of the entry.

68. In every prison an infirmary orproper place for the reception of sickprisoners shall be provided.

69. (1) Where any prisoner is found or issuspected to be suffering from any disease(other than leprosy or a mental disease)which cannot adequately be treated or keptunder observation, in a prison, theCommissioner may, by a warrant of transferunder his hand, direct the removal of theprisoner to any public hospital in Sri Lanka(other than a leprosy hospital or a mentalhospital) maintained or controlled by theGovernment ; and such warrant shall besufficient authority for the detention of theprisoner in the hospital for such period asthe medical officer in charge of the hospitalmay consider necessary.

(2) Where any prisoner is suspected to beof unsound mind or to be suffering fromany mental disease, and adequate facilitiesfor keeping him under observation or fordiagnosing the disease are not provided inthe prison in which the prisoner is detained,the Commissioner may, by a warrant oftransfer under his hand, direct the removalof the prisoner to any place of observationor mental hospital appointed or maintainedfor the purposes of the Mental DiseasesOrdinance, and such warrant shall besufficient authority for the detention of theprisoner in such place or hospital for anyperiod not exceeding fourteen days in thefirst instance ; and where any furtherobservation is required, the Commissionermay authorize in writing the detention ofthe prisoner for such further period as maybe necessary, but so that the aggregateperiod of detention in such place or hospitalshall not exceed twenty-eight days in anycase.

(3) Every prisoner who is removed to ahospital under subsection (1) or to a placeof observation or mental hospital undersubsection (2) shall, during the period of hisdetention therein and so long as he is notentitled to be discharged from prison in duecourse of law, continue to be subject to theprovisions of this Ordinance, the rules madethereunder and any other written lawrelating to prisons, in the same manner andto the same extent as if he were detained ina prison.

(4) The medical officer in charge of thehospital or the place of observation ormental hospital to which a prisoner isremoved under subsection (1) or subsection(2), as the case may be, shall, in respect of that

Removal ofprisoners tohospital, placeof observation,or mentalhospital.

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PRISONS [Cap.66

Bathing ofprisoners.

Visits from andcommunicationwith relations,&c.

prisoner, and during the period of thedetention of that prisoner in such hospital,place or mental hospital and so long as he isnot entitled to be discharged from prison indue course of law, have the powersconferred, and perform the duties imposed,on the Superintendent of a prison by thisOrdinance or the rules made thereunder orby any other written law.

(5) Where a prisoner removed undersubsection (2) to a place of observation or amental hospital is found by the medicalofficer in charge thereof to be of unsoundmind, the medical officer shall, by writingunder his hand, certify to the Commissionerthat the prisoner is of unsound mind ; andsuch writing shall, for the purposes ofsection 9 of the Mental Diseases Ordinancebe deemed to be the certificate of themedical officer referred to in that section.

(6) The Superintendent of the prison fromwhich a prisoner is removed under thissection to a hospital or place of observationor mental hospital shall cause him to betaken back to the prison as soon as may beafter the medical officer certifies in writingthat it is no longer necessary to detain theprisoner in such hospital, place ofobservation or mental hospital.

70. All prisoners shall be furnished withproper means of washing or otherwisecleansing themselves and of having theirclothing washed ; and provision shall bemade for their bathing within the prison, ifpossible, or otherwise at the nearestconvenient place ; and during such bathingor washing care shall be taken that differentclasses and sexes of prisoners be keptseparate.

PART IX

VISITS To AND CORRESPONDENCE OFPRISONERS

71. Every prisoner shall be allowed, inaccordance with such rules as may be madein that behalf under section 94, to receivevisits from, and to communicate with, hisrelations and friends and his legal adviser,subject to such restrictions as may beimposed by the rules with a view to themaintenance of discipline and order in theprison and the prevention of crime.

72. (1) The jailer may—

(a) demand the name and address of anyperson desiring to visit a prisoner ;and

(b) where he has ground for suspicion,search or cause such person to besearched before giving himadmission ; and

(c) where such person does not submit tosuch search, deny him admission.

(2) Whenever the jailer denies admissionto any person under subsection (1), thereasons for his decision shall be recorded byhim in his journal.

(3) A search under this section shall notbe carried out in the presence of any personother than a prison officer.

(4) Where a person desiring to visit aprisoner is a female, no search necessary forthe purposes of this section shall be carriedout except by a female prison officer or inthe presence of any person other than afemale prison officer.

PART X

OFFENCES IN RELATION TO PRISONS

73. Whoever, without lawful authority,brings, throws, or attempts by any meanswhatever to introduce into any prison orany palce provided under section 3 for thetemporary shelter and safe custody ofprisoners, or who supplies or attempts tosupply to any prisoner, while in custodyoutside any prison, any spirituous orfermented liquor, or tobacco, betel, opium,bhang, or other intoxicating or poisonousdrug, or any money or any other articlewhich may be prohibited by any rule madeunder section 94, and every prison officerwho knowingly suffers any such liquor,tobacco, betel, opium, bhang, drug, money,or other article to be brought, thrown, orintroduced into or used in any such prisonor place or to be supplied to any prisoner,while in custody outside any prison, withoutlawful authority, and whoever aids andabets any person in committing any offenceunder this section, shall be guilty of anoffence, and on conviction be liable to a finenot exceeding fifty rupees, or toimprisonment of either description, for anyperiod not exceeding three months, or toboth.

Powers ofjailers as toadmission ofpersonsdesiring to visitprisoners.

Carryingliquor,tobacco, ordrugs intoprison.

Sufferingliquor, &c., tobe sold or usedin prison,

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Cap. 66] PRISONS

Offendersunder section73 may bearrestedwithoutwarrant byprison officers.

Carrying lettersto prisoners.

Prison officersabetting.

Notice ofpenalties to beaffixed outsideprison.

Use ofweapons andforce.

74. It shall be lawful for any prisonofficer to arrest any person who commits anoffence under section 73 or who abetsanother in committing such offence, andforthwith to make over the person soarrested to the nearest police officer, or toproduce him before the nearest Magistrate,to be dealt with according to law.

75. Whoever, without lawful authority,conveys or attempts to convey any letter orother writing to any prisoner in custody,whether within or without any prison, orfrom any such prisoner to any other person,and every prison officer who aids and abetsany person in committing any offence underthis section, shall be guilty of an offence andon conviction be liable to a fine notexceeding fifty rupees, or to imprisonmentof either description, for any period notexceeding three months, or to both.

76. The Superintendent shall cause to beaffixed in a conspicuous place outside theprison or the place provided as aforesaid anotice in the Sinhala, Tamil and Englishlanguages respectively, setting forth thepenalties incurred by persons committing anyot'fence under.sections 73 and 75 respectively.

77. (1) A prison officer may useweapons on or against any prisonerescaping or attempting to escape fromcustody:

Provided that resort shall not be had tothe use of any weapon unless such officerhas reasonable ground for believing that hecannot otherwise prevent the escape of theprisoner ;

And provided further that no firearmsshall be used on or against any suchprisoner unless the prison officer shall havefirst given a warning to the prisoner that he.is about to use such firearms against theprisoner.

(2) A prison officer may use weapons onor against any prisoner engaged in anycombined outbreak of the prisoners or inany attempt to force or break open thedoors, gates or enclosure wall of a prison,and may continue to use such weapons solong as such combined outbreak or attemptis actually continued.

(3) No prison officer shall, in the presenceof a senior officer of rank not lower than a

Jailer or Deputy Jailer or officer for thetime being acting for the jailer, use weaponson or against any prisoner engaged in anoutbreak or attempt to escape, unless suchsenior officer orders such weapons to beused.

(4) The use of weapons under this sectionshall be as far as possible to disable and notto kill.

(5) Every police officer who is for the timebeing engaged in escorting any prisoner orprisoners, or in guarding any prison orother place where prisoners are confined oremployed, or in assisting in the quelling ofany disturbance or violence on the part ofany prisoners, or in recapturing any escapedprisoner, shall be deemed to have all thepowers and right granted by this section toprison officers.

(6) Nothing in this section contained shallbe deemed to be in derogation of theprovisions of sections 89 to 99, inclusive, ofthe Penal Code.

78. A prisoner shall be guilty of an List of prisonoffence against prison discipline if he— offences.

(i) mutinies or incites another prisoner tomutiny ;

(ii) assaults or uses criminal force on, orcauses hurt or grievous hurt to, aprison officer or another prisoner,or incites a fellow prisoner tocommit any such offence ;

(iii) fails or refuses to obey any lawfulorder of the Superintendent or ofany other prison officer or commitsa breach of any prison regulation ;

(iv) escapes or conspires to escape fromlawful custody;

(v) swears, curses, or uses any abusive,insulting, threatening or otherimproper language or gesture ;

(vi) is indecent in language, conduct, actor gesture ;

(vii) is impertinent, insubordinate orinsolent in demeanour to any prisonofficer or to any Visitor ;

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

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PRISONS [Cap.66

(ix) refuses to work, or wilfullymismanages work, or fails toperform his allotted task, or is idle,careless or negligent at work ;

(x) wilfully evades 'labour by self-disablement or by refusing to takefood or by feigning madness orillness or other incapacity forwork;

(xi) wilfully damages or i disfigures anypart of the prison, any prisonproperty or any prison clothing orequipment ;

(xii) is in possession of, or keeps in a cellor any other place any article notpermitted by the rules of theprison;

(xiii) leaves a cell or other place of workor location without permission ;

(xiv) gives to, or receives from, orexchanges with, any other prisonerany article whatever without thepermission of the Superintendent ;

(xv) trafficks or has any business dealingswith any prison officer or with anyother person ;

(xvi) without the authority of a prisonofficer, communicates whether bywriting, speech or gesture with anyperson who is not connected withthe administration of the prison ;

(xvii) gambles, or possesses any playingcards, dice or other instrument ordevice for gambling ;

(xviii) prefers a false charge against aprison officer or another prisoneror incites any other prisoner to doso;

(xix) makes groundless complaints orincites others to do so ;

(xx) removes food from the place wheremeals are consumed, or concealsfood ;

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

places or times ;

(xxiii) writes or receives any unauthorizedletter or communication ;

(xxiv) refuses when called upon to assist ap r i s o n o f f i c e r in q u e l l i n ga mutiny or disturbance or in capturing

any escaped or escaping prisoner,or leaves his seat, working place orother location during a mutiny ordisturbance without an order froma prison officer ;

(xxv) omits to give a warning or an alarmwhen it is known that a prisoner isescaping or attempting to escape ;

(xxvi) omits to give immediateinformation to the prisonauthorities when he is aware of adesign to commit an offence againstthe rules ;

(xxvii) files, cuts or tampers with ironbars, locks or doors ;

(xxviii) commits a breach of any rule orlawful order;

(xxix) offends in any other way againstthe good order and discipline of theprison;

(xxx) aids and abets another prisoner incommitting or attempting tocommit any of the foregoingoffences against prison discipline ;or

(xxxi) attempts to commit any of theforegoing offences other than thosespecified in paragraphs (iii), (v),(vii), (viii), (ix), (xii), (xix), (xxiv).(xxv), and (xxvi).

79. Save as provided in section 81, the Superintendent'sSuperintendent or in his absence a Visitor, power tomay examine any person touching the punish prisonoffences in the preceding section offendersmentioned, and determine thereupon andpunish such offences—

(a) by warning or reprimand ;

(b) by the forfeiture of any number ofremission marks not exceedingthree hundred and sixty for eachoffence;

. (c) by reduction to a lower class ordetention in any class for a periodin respect of each offence notexceeding one month if that class isthe prescribed penal stage, or ninetydays in any other case ;

(d) by postponement or forfeiture of anyone or more privileges ;

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Cap. 66] PRISONS

Jailer to enterpunishments ina book.

(e) by confinement in a punishment cellfor any time not exceeding fourteendays ;

(f) by ordering the offender for any timenot exceeding three days to closeconfinement, to be there kept upona diet reduced to such extent asshall be prescribed by any rulemade under the provisions ofsection 94 ;

(g) where the offender is not serving asentence of rigorous imprisonment,by hard labour for any time notexceeding seven days ; or

(h) by any two of the above-mentionedpunishments :Provided that—

(i) in all cases where the complaintis made by or on behalf of theSuperintendent or theCommissioner, and in othercases in which the interests ofjustice may so require, theoffences shall be tried andpunished only by a Visitor,and

(ii) the Commissioner shall havepower—

(a) to call for and revise anyproceedings taken under thissection by the Superintendentand to confirm, modify orreverse his findings ;

(b) to r e m i t or vary thepunishment awarded by theSuperintendent; or

(c) to make such order thereon asjustice may require, other thanan order increasing thepunishment awarded by theSuperintendent.

80. The jailer shall enter in a separatebook, called the Punishment Book, astatement of the nature of any offence thathas been punished under the precedingsection, with the addition of the name of theoffender, the date of the offence, and theamount of punishment inflicted. Suchstatement shall be signed by theSuperintendent or by the Visitor who shallhave inflicted such punishment.

81. (1) (a) If any prisoner is charged Constitutionwith mutiny or incitement to mutiny,or with and powers- , ' - tribunal forescape or attempt to escape or abetment of punishment ofescape from lawful custody, or with causing prisoners.hurt or grievous hurt to a prison officer orwith attempt to cause hurt or grievous hurtto a prison officer by means of anyinstrument for shooting, stabbing or cutting,or any instrument which, when used as aweapon of offence, is likely to cause death ;or

(b) if any prisoner is charged with anyoffence against prison discipline which, inthe opinion of the Superintendent or aVisitor acting under section 79, is notadequately punishable by him or is notadequately punishable under that section byreason of the prisoner's record of previousconvictions of offences against prisondiscipline, the Superintendent shall in theformer case, and the Superintendent orVisitor may in the latter, cause the offenderto be tried by a tribunal consisting of theMagistrate of the division in which theprison is situated and two Visitors who shallbe members of the Local VisitingCommittee, unless for any reason nomember of that committee is able to serveon that tribunal.

(2) Every inquiry into a prison offenceunder this section shall be held in the prisonon such date not later than seven days afterthe receipt of information of the offencefrom the Superintendent, as the Magistratemay appoint:

Provided that no delay beyond theaforesaid period of seven days shall bedeemed to invalidate any inquiry held underthis section, if the Magistrate certifies thatthe delay was due to a cause which, in hisopinion, is good and sufficient.

(3) Every Visitor summoned for thepurpose of acting in a judicial capacityunder .the provisions of this section shallattend at the prison on the date and at thetime specified unless prevented by illness orother sufficient cause :

Provided that in the event of either orboth of the Visitors summoned failing so toattend, the Magistrate and the Visitor whois present or the Magistrate alone, as thecase may be, may perform all the functionsand exercise all the powers of the tribunal.

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PRISONS [Cap.66

(4) The tribunal shall have power toinquire into the offence upon oath oraffirmation and by a majority verdict topunish the offender—

(a) with confinement in a punishmentcell for any time not exceeding onemonth ; or

(b) with any one of the severalpunishments a Superintendent isauthorized to impose under section79 ; or

(c) with imprisonment of eitherdescription for a term not exceedingfive years in the case of the offenceof escaping or attempting to escapefrom lawful custody or theabetment of any such offence andnot exceeding six months in anyother case ;

(d) with corporal punishment notexceeding twenty-four lashes with awhip or twenty-four strokes with arattan in the following cases :—

(i) mutiny or incitement to mutiny,

(ii) causing hurt or grievous hurt toa prison officer, or attemptingto cause hurt to any suchofficer by means of aninstrument for shooting,stabbing, or cutting or anyinstrument which, when usedas a weapon of offence, islikely to cause death ; or

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

(5) Nothing in this section shall authorizethe infliction of corporal punishment on anyoffender below the age of sixteen yearsotherwise than in accordance with theprovisions of the Corporal PunishmentOrdinance, or on any female prisoner or onany civil prisoner or on any personremanded by a court pending inquiry ortrial.

(6) In any case where the whole or anypart of a sentence of. corporal punishmentcannot for any reason be carried intoexecution, the Superintendent shall reportthe fact to the Magistrate who, with theconcurrence of the other members of thetribunal which inquired into the offence,

may order that in lieu of corporalpunishment or in lieu of so much of thecorporal punishment as was not carried out,the offender be punished with imprisonmentof either description for any term which thetribunal is competent to impose, anyimprisonment so imposed being in additionto any other punishment already imposedon the offender for that offence :

Provided that if for any reason the reportof the Superintendent under this subsectioncannot be considered by the tribunal whichoriginally inquired into the offence, it shallbe competent for another tribunal dulyconstituted under this section to considersuch report and to make order thereon ashereinbefore provided.

(7) A term of imprisonment imposedunder this section shall not run concurrentlywith, but shall be in addition to, any term ofimprisonment or of preventive detentionwhich the offender may be undergoing atthe time of the inquiry.

(8) Any term of imprisonment imposedunder any other written law on an offenderat any time while he is serving a term ofimprisonment imposed under this section,shall commence on the expiry of the term ofimprisonment imposed under this section.

82. (1) Where a prisoner, undergoing Punishment forany sentence or punishment of anydescription duly imposed on him, isconvicted, under section 79 or section 81 orunder any other written law, of any of thefollowing offences against 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 takefood or by feigning madness orillness or other incapacity for work,

he shall, after undergoing such sentence orpunishment as may be imposed on him forthat prison offence, undergo for anadditional period equal to the period duringwhich that prison offence may have beencontinued, the sentence or punishmentwhich he was undergoing at the time theprison offence was committed.

evasion oflabour.

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Additionalpenalties forprisoners guiltyof escape or ofassaultingprison officers.

No appealfromconvictionsunder section79 or section81.Ordinarycriminal courtsto retainjurisdiction.

Corporalpunishment.

Punishment ofoffencescommitted byprison officers.

(2) Where any new sentence . ofimprisonment is imposed on a prisoner afterthe date of his conviction of any of theoffences specified in subsection (1), suchnew sentence shall commence only on theexpiry of the additional period referred to inthat subsection.

83. Every prisoner found guilty by acourt of law, or by the authority or tribunalspecified in section 79 or section 81 either ofassaulting or using criminal force on orcausing hurt or grievous hurt to a prisonofficer or of an escape or an attempt toescape, shall, if the Commissioner by orderin writing so directs, in addition to anyother punishment—

(a) forfeit all or any of the remissionmarks previously earned by him ;

(b) be classed and treated in all otherrespects as a prisoner commencinga new sentence ;

(c) wear, for such period as may bespecified in the order, suchdistinctive clothing as may beprescribed by rules made under.section 94.

84. There shall be no appeal from aconviction or sentence under section 79 orsection 81.

85. Nothing contained in sections 79, 81,82, 83, and 84 shall be deemed to depriveany competent court in Sri Lanka of itsjurisdiction to hear and determine anycharge in respect of an offence punishableunder the Penal Code or any other writtenlaw :

Provided, however, that no person shallbe punished both under the aforesaidsections and by a court for the same offence.

86. All corporal punishment within theprison shall be inflicted in the presence ofthe Superintendent or a Visitor and themedical officer, subject to the law for thetime being in force relating to the inflictionof corporal punishment.

87. (1) Any jailer or subordinate prisonofficer charged with ill-treating a prisoner,or with negligence or remissness orinefficiency in the discharge of his duties, orwith a contravention of any of the

provisions of this Ordinance or of any rulemade thereunder, or with any othermisconduct, may be dealt with inaccordance with the regulations for the timebeing in force relating to the dismissal orother punishment of public officers.

(2) Every jailer or subordinate prisonofficer, who ill-treats a prisoner orcontravenes any of the provisions of thisOrdinance or of any rule made thereunder,shall be guilty of an offence and may, wherehe is not in the discretion of theCommissioner dealt with under subsection(1), be prosecuted in the Magistrate's Courthaving jurisdiction over the place where theoffence is alleged to have been committed,and punished by such court on convictionafter summary trial with a fine notexceeding two hundred rupees, or withimprisonment of either description for aterm not exceeding three months or withboth such fine and such imprisonment.

(3) No person shall be punished bothunder subsection (1) and under subsection(2) for the same offence.

PART XI

RESTRAINTS

88. No prisoner shall be put undermechanical restraint as a punishment.

89. (1) A prisoner may, when confinedin an insecure place or whenever he isoutside prison walls, be put in handcuffssolely as a measure of precaution againstviolence, disturbance, mutinous conduct,escape, or rescue and, where the number ofsuch prisoners being males exceeds two,they may for the same reason, be secured bya gang chain and wristcuffs.

(2) A male prisoner, when confined in aninsecure place or whenever he is outsideprison walls, may, with the approval of amedical officer, be put in body-belt withside-cuffs to prevent violence, disturbance,mutinous conduct, escape or rescue, butonly on the orders of a prison officer notbelow the rank of Jailer.

90. When, in order to prevent anyprisoner from injuring himself or others, ordamaging property or creating adisturbance, or using violence, or in anycase of insubordination or mutiny, it is

Prohibition ofmechanicalrestraint aspunishment.Means ofrestraint forpurposes ofextra-muralsecurity.

Means ofrestraint forpurposes ofintra-muraldiscipline.

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PRISONS

Duration ofrestraint.

Register ofRestraints.

Means ofrestraint to beprescribed.

Power to makerules.

necessary, in the interests of discipline, toplace him under mechanical restraint, aprison officer not below the rank of Jailer(or in the case of a prisoner mentallyderanged, the medical officer) may orderhim to be placed under mechanical restraint.The use of restraints under this section shallforthwith be reported to the Superintendentwho shall inquire into the matter, give suchorders as appear to be necessary and reportthe circumstances to the Commissioner forfinal decision.

91. No prisoner shall be kept undermechanical restraint for a longer periodthan is necessary, and in no case for morethan twenty-four consecutive hours unlessan order approving such restraint andspecifying the cause and duration thereof ismade by the Commissioner. Such ordershall be preserved by the Superintendent ashis authority for the employment ofrestraint.

92. Particulars of every case in whichany mechanical restraint is used undersection 89 (2) or section 90 shall beforthwith recorded by the Superintendent ina "Register of Restraints " which shall bekept in every prison in such form as may beprescribed by rules under section 94.

93. No handcuffs, body-belts or othermechanical means of restraint shall be usedexcept of such patterns and in such mannerand under such conditions as may beprescribed by rules made under section 94.

PART XIIMISCELLANEOUS

94. (1) The Minister may from time totime; make all such rules, not inconsistentwith this Ordinance or any other written lawrelating to prisons, as may be necessary forthe administration of the prisons in SriLanka and for carrying out or giving effectto the provisions and principles of thisOrdinance.

(2) In particular and without prejudice tothe generality of the foregoing powers, theMinister may make rules for all or any ofthe following purposes or matters :—

(a) the medical examination and thetaking of measurements,photographs, finger-prints, foot-prints or other records, of

prisoners, including particulars ofthe previous history of any suchprisoners ;

(b) the persons, if any, to whom suchmeasurements, photographs, finger-prints, foot-prints or other recordsmay be sent or supplied ;

(c) the disposal of the clothing andproperty of prisoners onadmission ;

(d) the classification, separation, safecustody, treatment and discipline ofprisoners, and the classes of diet tobe provided for prisoners ;

(e) the specifications and requirementsof the several types of cells andwards;

(f) the kind of labour to be exacted fromprisoners at the different stages oftheir imprisonment, the manner inwhich and the place or places atwhich such labour may be exacted ;

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

correspondence or othercommunication with prisoners ;

(i) the religious instruction and theeducation of prisoners ;

(j) rewards for good conduct and theremission of sentences to be allowedto prisoners for industry and goodconduct, and the conditions inwhich such remissions may beallowed ;

(k) means of restraint, the patterns ortypes that may be used and thecircumstances and the manner inwhich they may be used ;

(l) the supply of money, food, clothingor means of travelling to prisonerson their discharge ;

(m) rewards for the recapture of escapedprisoners ;

(n) the sanitation of the prisons and thehealth of prisoners and prisonofficers ;

(o) inspection, inquiries and otherproceedings by Visitors ;

(p) the duties of the Superintendent and: other prison officers, and of persons

• appointed to act as jail guards or

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Cap. 66] PRISONS

Certified copyof committalsufficientevidence oflawful custody.

Order forproduction ofprisonersbefore anycourt,

No prisoner tobe an assessorat an inquest.

Warrants maybe addressed toFiscal, whoshall giveprisoner intocharge of jailer.

sentries or as escorts for thepurposes of the custody of prisonersoutside prison walls ;

(q) any other purposes or matters forwhich rules are authorized orrequired by this Ordinance or byany other written law in anycontext relating to prisons.

(3) No rule made under this section shallhave effect until it is approved byParliament and notification of suchapproval is published in the Gazette. Everyrule, in respect of which such notification ispublished, shall be as valid and effectual asif it were herein enacted.

95. A copy of the committal of anyprisoner by a competent court, or a copy ofthe extract from the calendar relating to anyprisoner who may have been convicted bythe High Court, shall, if such copy becertified by the Superintendent of anyprison, be sufficient prima facie evidence forall purposes of the lawful custody of suchprisoner ;

Provided, however, that it shall be lawfulfor a competent court to require theproduction of the original committal, wherethe court shall deem the same necessary.

96. Whenever any prisoner is requiredto appear before any court, to give evidence,or for any other purpose, it shall be lawfulfor such court in its discretion, if itconsiders the presence of such prisonernecessary for the ends of justice, by an orderin writing to direct the Superintendent ofthe prison, where such prisoner shall beimprisoned to produce such prisoner beforesuch court, and such Superintendent shall inthe absence of good and sufficient cause tothe contrary, cause such prisoner to beproduced in compliance with such order.

97. In case any Magistrate or inquirershall hold an inquest on the body of anyprisoner who shall have died while incustody, no prison officer or prisoner orperson engaged in any trade or dealing withthe prison shall be an assessor at suchinquest.

98. All warrants of commitment (exceptwarrants of commitment for trial) and allwarrants of remand or of arrest in civil orcriminal process issued by any court, may,

as heretofore, be addressed to the Fiscal,and such Fiscal shall, with as little delay aspossible after taking charge of or arrestingthe person required by such warrant to becommitted, remanded, or arrested, give suchperson into the charge of theSuperintendent or jailer of some prison ofthe district over which such court may havejurisdiction, together with a copy of thewarrant certified under the hand of suchFiscal. It shall thereupon become the dutyof such Superintendent or jailer to takecharge of and keep safely such prisoner untilhe shall be delivered from prison in duecourse of law. And the copy of suchwarrant, so certified as aforesaid, shall besufficient prima facie evidence for allpurposes of the lawful custody of suchprisoner.

99. It shall be the duty of the jailer todeliver over to the Fiscal or to any personauthorized in writing in that behalf by suchFiscal, any civil and any unconvictedcriminal prisoner in charge of such jailer,whenever so required by such Fiscal orauthorized person aforesaid :

Provided, however, that no civil prisonershall be removed or allowed by the Fiscal togo beyond the walls or other enclosed limitof the prison, in which such prisoner may beconfined, unless upon special rule and orderof court requiring the attendance of suchprisoner, or upon the application of suchprisoner to be carried before any such courtfor the purpose of preferring any complaintor application.

100. The allowance for the maintenanceof judgment-debtors when supplied to theFiscal under the provisions of section 315 ofthe Civil Procedure Code, shall be paid bythe Fiscal to the jailer of the prison whereinsuch prisoners are confined, for the purposeof such maintenance,

101. All warrants of commitment fortrial or of remand or deliverance fromprison issued by any court, shall beaddressed to the Superintendent or jailer ofthe prison to or from which the personnamed in the warrant is to be committed ordelivered, and such Superintendent or jailershall directly carry such warrant into effectaccording to law.

Jailer to deliverover to Fiscalcivil andunconvictedcriminalprisoners,when sorequired.

Civil prisonernot to gobeyond limit ofprison exceptby order ofcourt.

Allowance formaintenance ofjudgment-debtors to bepaid over byFiscal to jailer.

Warrants ofcommitment,Ac., to beaddressed totheSuperintendentor jailer of theprison.

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PRISONS [Cap.66

Table of ratesof allowancefor judgment-debtors to beaffixed inprison.

102. There shall be affixed in aconspicuous part of every prison in whichjudgment-debtors are confined a table ofrates, of prison allowance for judgment-debtors, in the Sinhala and Tamil languagestogether with a translation thereof in theEnglish language.

(i) to rigorous imprisonment forcontempt of court;

(ii) to simple or rigorousimprisonment as for acontempt of court undersection 449 (1) of the Codeof Criminal ProcedureAct 'or

Bar of actions.

Interpretation.

103. All actions which may lawfully bebrought against the Government of SriLanka or against any prison officer, inrespect of any act done in pursuance of thisOrdinance or the rules made thereunder orany other written law for the time being inforce relating to the prisons in Sri Lanka,shall be instituted within six months fromthe date of such act and not afterwards.

104. In this Ordinance, unless thecontext otherwise requires—

(f) a person committed to prison byorder of a civil court underany provision of written lawwhich does not authorize asentence of rigorousimprisonment to be imposed ;

" close confinement " means confinementwhich deprives a prisoner of allmeans of communication with otherprisoners;

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

" civil prisoner " means—

(a) a judgment-debtor committed toprison under the CivilProcedure Code ; or

(b) a person committed to prisonunder secton 252 of the Codeof Criminal Procedure Act, indefault of payment of a fineimposed under that section ofthat Act; or

(c) a person ordered to be detained inprison under section 390 ofthe Code of CriminalProcedure Act; or

(d) a person committed to prisonunder section 422 (4) of theCode of Criminal ProcedureAct; or

(e) a person committed to prison forcontempt of court, not being aperson sentenced—

" Commissioner" means theCommissioner of Prisons ;

" criminal prisoner " means any prisonerother than a civil prisoner ;

" prison " includes any prison hospitaland any grounds or buildingsoccupied or used for the purposesof the prison ;

" prison officer " means an officer of theprison staff;

" punishment cell " means an unfurnishedcell used for the purpose of carryingout any punishment;

" Visitor " means—

(a) a member of the Board of PrisonVisitors or of a Local VisitingCommittee, acting individuallyin any matter in which he isauthorized by this Ordinanceto act individually, or

(b) an Additional Prison Visitor.

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[Cap.66 PRISONS

SCHEDULE

section2 Prisons

AnuradhapuraBadullaBatticaloaColombo Remand PrisonGalteJaffnaKalutaraKandy (Bogambara)Kandy Remand PrisonKegallaMaharaMataraNegomboNew Magazine PrisonTangallaTrincomaleeWelikada

Limits or Districts

The whole of Sri Lanka.

UI/230'