CHAPTER 53 - JUVENILES ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Establishment of Reformatories
Juveniles (Reformatory Dietary Scales) Rules
Juveniles (Approved School) (Establishment) Notice
[Section 1]
[Order by the Minister]
GN 116 of 1956,
GN 497 of 1964.
The provisions of the Act are hereby applied to the whole of Zambia with the exception of sections 32 to 42 inclusive which do not apply to the Western Province nor to any area situated in a reserve or in trust land as defined in the Zambia (State Lands and Reserves) Orders, 1928 to 1964, and the Zambia (Trust Land) Orders, 1947 to 1964.
[Section 3]
[Notice by the Minister]
GN 93 of 1961.
The Management Committee of the Zambia Guild of St. Joseph’s Home is hereby approved as an approved society.
[Section 7]
[Notices by the Commissioner for juvenile welfare.]
GN 1943 of 1961,
GN 185 of 1963.
The person for the time being holding the office of Chief Social Welfare Officer or Senior Social Welfare Officer, being a juveniles inspector, is hereby authorised to exercise or perform the powers and duties entrusted to the Commissioner for juvenile welfare under the provisions of the sections of the Act listed below—
Sections 3(4), 4, 19(2), 22(3), 23(a), 23(b), 28, 34, 57, 83, 84, 87 and 88.
The persons for the time being holding the offices of Senior Social Welfare Officer, being juveniles inspectors, are hereby authorised to exercise or perform the powers and duties entrusted to the Commissioner for juvenile welfare under the provisions of the section of the Act listed below—
Section 22(2)
[Section 53]
[Order by the Minister.]
GN 119 of 1956.
Any school entertainment approved by the Minister responsible for education is hereby exempted from the provisions of section 53 of the Act.
[Section 75]
[Notices by the Minister]
GN 240 of 1961,
GN 363 of 1963.
Nakupota Training Centre, Ndola, and Nakambala Training School, Mazabuka, are hereby established as approved schools.
Lowden Lodge, Umtali, and Mount Hampden Training School, near Harare, are hereby approved as approved schools.
GN 1973 of 1960.
[Section 90]
Arrangement of Rules
Rule
1. Title
2. Interpretation
3. Accommodation
4. Duties and responsibilities of Principal
5. Visiting committee
6. Care of pupils
7. Daily routine
8. Education and training
9. Employment
10. Religious instruction
11. Recreation, letters and visits
12. Discipline and punishment
13. Release on license
14. After care
15. Medical care
16. Records
17. Promulgation of Rules
18. Inspection
[Rules by the Minister]
GN 417 of 1962,
SI 63 of 1964.
These Rules may be cited as the Approved Schools Rules.
In these Rules, unless the context otherwise requires—
“Commissioner” means the Commissioner for juvenile welfare or his duly authorised agent;
“Principal” means the person appointed by the Commissioner to manage an approved school;
“pupil” means a juvenile sent to an approved school in pursuance of an approved school order;
“school” means an approved school established by the Minister under sub-section (1) of section 75 of the Act;
“visiting committee” means the persons appointed by the Commissioner under rule 5(1).
[Am by SI 63 of 1964.]
The number of pupils accommodated in a school shall not exceed such number as may be fixed for that school from time to time by the Commissioner.
4. Duties and responsibilities of Principal
(1) The Principal of a school shall be responsible to the Commissioner for the efficient conduct of the school.
(2) The Principal shall keep—
(a) a register of admissions and discharges in which shall be recorded all admissions, licenses, revocation of licenses, recalls, releases and discharges;
(b) a log book in which shall be entered every event of importance connected with the school;
(c) a daily register of the presence or absence of each pupil; and
(d) a punishment book.
(3) The Principal shall determine the duties of the members of the staff. These shall include duties connected with the supervision of the pupils in the school, their recreation and their after care, and a list of such duties shall be made available to every staff member.
(4) When the Principal of a school is absent from the school, the Commissioner may appoint a member of the staff to perform the duties and exercise the powers of the Principal during his absence.
(5) As soon as practicable after the admission of a pupil, the Principal shall notify that pupil’s parent or guardian of his whereabouts if such parent or guardian can be traced.
(1) The Commissioner shall appoint at least four persons to be members of a visiting committee. Such persons shall reside within a reasonable distance of the school and shall act in an advisory capacity to the Principal in respect of the matters described in sub-rule (3).
(2) The committee shall meet at the school at least monthly.
(3) It shall be the duty of the visiting committee to satisfy themselves that the conditions of the school and the training, welfare and education of the pupils under their care are satisfactory and in this respect members of the committee may inspect the premises, books, and records of the school and consult with the Principal on any matter regarding the administration of the school, or any matter contained in these Rules and require him, if necessary, to transmit their views to the Commissioner. On such a requirement being made, the Principal shall transmit the views of the committee to the Commissioner as soon thereafter as may be reasonably practicable.
(4) Any pupil shall have the right of personal access to the visiting committee, the Principal, the Senior Social Welfare Officer for the Province and the Commissioner.
(5) A record of all proceedings of meetings of the visiting committee shall be kept by the secretary who shall be appointed by the Commissioner.
(1) Each pupil shall be provided with a separate bed and shall be kept supplied with suitable bed clothing.
(2) The pupils shall be supplied with sufficient and varied food based on a dietary scale approved by the Commissioner after consultation with the Director of Medical Services. A copy of the dietary scale shall be kept posted in the school kitchen.
(3) Pupils shall be issued with suitable articles of clothing which shall remain the property of the Government:
Provided that a pupil may on his release be issued with essential articles of clothing free of charge.
(1) The daily routine of the school (including the hours of rising, schoolroom instruction and practical physical training, domestic work, meals, recreation and retiring) shall be in accordance with a scheme approved by the Commissioner.
(2) A copy of the daily routine shall be kept posted in some conspicuous place in the school.
(3) Any substantial deviation from the daily routine shall be entered in the log book.
(1) Lower primary education shall be afforded to all pupils in a school and further education may be provided for individual pupils according to their age, aptitude and capability.
(2) The schoolroom time-table and syllabus shall be subject to the approval of the Commissioner and a copy of the time-table shall be kept posted in the schoolroom.
(3) All pupils shall be given vocational training in accordance with a scheme approved from time to time by the Commissioner. Any substantial deviation from the scheme shall be recorded in the log book.
(4) The attendance of pupils in the schoolroom and at all periods of vocational training shall be recorded in the manner prescribed by the Commissioner.
Pupils may be employed in performing such tasks as the Principal may from time to time prescribe, subject to their need for education, instruction, recreation and leisure. Pupils under twelve years shall not be employed except on light work.
Where a pupil is of a particular religious persuasion, arrangements shall be made as far as practicable for him to receive religious assistance and instruction from a minister of religion of the church to which he belongs.
11. Recreation letters and visits
(1) Pupils shall be encouraged to write to their parents or guardians at least once a month. Letters written by pupils shall be despatched at public expense in a plain envelope.
(2) Pupils may be allowed visits from their parents, relatives and friends at such intervals and on such days and at such times as the Principal may determine.
(3) Arrangements may be made for providing pupils with pocket money each week, subject to such conditions as may be prescribed by the Commissioner.
(4) The Principal may suspend any of the facilities and privileges mentioned in this rule if he is satisfied that they interfere with the discipline of the school; any such suspension shall be recorded in the log book.
(1) The Principal may introduce any system approved by the Commissioner which will encourage good conduct and industry and will facilitate the reformative treatment of the pupils.
(2) When punishment is necessary for the maintenance of discipline, the Principal in his discretion may adopt one of the following sanctions—
(a) the forfeiture of privileges under rule 11;
(b) separation from other pupils:
Provided that this punishment shall only be used in exceptional cases and subject to the following conditions—
(i) no pupil under the age of twelve years shall be kept in separation;
(ii) the room used for the purpose shall be light and airy and kept lighted after dark;
(iii) some form of occupation shall be given;
(iv) means of communication with a member of the staff shall be provided;
(v) if the separation is to be continued for more than twenty-four hours, it shall be reported immediately to the Commissioner;
(c) corporal punishment. Every effort shall be made to enforce discipline without resort to corporal punishment which may be used only as a last resort. Where it is found necessary, its application shall be in strict accordance with sub-rule (3).
(3) Corporal punishment shall be subject to the following conditions—
(a) it shall be inflicted only with a type of cane approved by the Commissioner;
(b) if applied on the hands, the number of strokes shall not exceed three on each hand, but no boy over fifteen years shall be so punished;
(c) if applied on the posterior, it shall be over the boy’s ordinary cloth trousers and the number of strokes shall not exceed six for boys under fifteen years and eight for boys of fifteen years and over:
Provided that in exceptional cases, with the special approval of the Commissioner, twelve strokes may be administered to boys of fifteen years and over;
(d) no boy with any physical or mental disability shall be punished without the sanction of the medical officer;
(e) no corporal punishment shall be inflicted except by the Principal (or during his absence by the officer appointed under rule 4(4) to exercise the duties of the Principal);
(f) it shall not be inflicted in the presence of other boys;
(g) notwithstanding the provisions of paragraphs (e) and (f), for minor offences committed in the school-room by boys under fifteen years, the principal teacher may be authorised by the Principal to administer with a light cane, not more than two strokes on each hand. A book known as the school-room punishment book shall be kept and the principal teacher shall at once enter therein a record of any corporal punishment inflicted by him under this paragraph.
(4) The Principal shall be responsible for the immediate recording of a punishment awarded in the punishment book which he is required to keep under rule 4 (2) and he shall enter therein such details as may be required by the Commissioner.
(5) The punishment book shall be examined at each meeting of the visiting committee and shall be signed by the chairman. It will also be shown to the Provincial Medical Officer on his request.
(6) No pupil shall be allowed to administer any form of punishment to any other pupil.
(1) It shall be the duty of the Principal to recommend placement on license of each pupil as soon as the pupil has made sufficient progress in his training; and with this object in view, he shall review the progress made by each pupil and all the circumstances of the case (including home surroundings) towards the end of his first year in the school and thereafter as often as may be necessary and at least quarterly.
(2) At each review the Principal, in consultation with the visiting committee, shall consider the date at which the pupil is likely to be fit to be placed on license. The views of the visiting committee shall be transmitted, along with the Principal’s report, to the Commissioner.
(3) Where there is reason to believe that a pupil can be placed on license during the first twelve months of his detention, the case shall be reported by the Principal to the visiting committee and the same procedure followed as in sub-rule (2).
(4) The Principal shall maintain a licensing register in a form prescribed by the Commissioner showing the date and result of his review of each case and the reasons for his recommendation.
(1) The Principal shall see that every effort is made to obtain suitable employment for a pupil who is fit for release on license, and for this purpose he shall avail himself where necessary of any help that can be obtained, whether from public organisations or private individuals.
When the pupil’s home is unsatisfactory, he shall endeavour to place him in a hostel or other suitable lodging.
(2) The Principal shall provide every pupil on leaving with a sufficient outfit and, if necessary, a reasonable sum for travelling and subsistence.
(3) If the pupil is returning to the care of his parents, the Principal shall communicate with the pupil’s parents or guardian beforehand, and make adequate arrangements for his transportation and reception.
(1) The Commissioner shall arrange for a medical officer to be appointed whose duties shall include—
(a) a thorough examination of each pupil as soon as possible after admission and shortly before leaving the school;
(b) a quarterly inspection of each juvenile;
(c) a general inspection of the school from a hygienic point of view and advice as to dietary and general hygiene;
(d) the examination and treatment of all sick and ailing pupils;
(e) the keeping of medical records in respect of each pupil;
(f) the furnishing of such reports and certificates as the Commissioner may require.
(2) Notice of any meeting of the visiting committee shall be given to the medical officer so that he may have an opportunity of attending and presenting a report.
(3) The Principal shall report at once any death and any case of serious illness, infectious disease, or accident involving a pupil to the parent or guardian of the pupil and to the Commissioner.
(4) Any violent or sudden death of a pupil shall be notified immediately by the Principal to the coroner of the District in which the death occurs. A report of the proceedings at any inquest shall be sent without delay to the Commissioner.
The Principal shall arrange for the keeping of all registers and records required by the Commissioner and shall cause to be sent to him such returns, statements and other information as may be required by him from time to time.
The Principal shall cause a copy of these Rules to be given to each member of the staff and to the medical officer.
The Principal shall arrange that the school shall be open at all times to inspection by or on behalf of the Commissioner and he shall give all facilities for the examination of the books and records of the school.
ESTABLISHMENT OF REFORMATORIES
[Section 91]
[Notices by the Minister]
GN 1644 of 1953,
GN 267 of 1957,
GN 22 of 1958,
GN 137 of 1958,
GN 512 of 1959,
GN 532 of 1962,
GN 1280 of 1966.
Reformatory and receiving centre established at Katombora, Livingstone District.
Government prisons at Livingstone and Lusaka established as reformatories and receiving centres.
The prisons specified in the Schedule established as reformatories and the juvenile section within each of the said prisons as a receiving centre.
SCHEDULE
Bwana Mkubwa Prison.
Chingola Prison.
Chipata Prison.
Kabwe Medium Security Prison.
Kasama Prison.
Kitwe Prison. Mongu Prison.
Ndola Prison.
Detention camp at Kabwe established as reformatory.
JUVENILES (REFORMATORY DIETARY SCALES) RULES
[Section 107]
Arrangement of Rules
Rule
1. Title
2. Interpretation
3. Dietary scale
4. Variation of dietary scale
[Rules by the Minister]
SI 194 of 1965.
These Rules may be cited as the Juveniles (Reformatory Dietary Scales) Rules.
In these Rules, unless the context otherwise requires—
“medical officer” means a medical officer appointed or nominated in terms of section 16 of the Prisons Act;
“officer in charge” means the person appointed to control and administer a reformatory in terms of section 96 of the Act.
Subject to the provisions of rule 4, a person detained in a reformatory shall be placed on the dietary scale as set out in the Schedule.
(1) The officer in charge may, on the advice of the medical officer, increase, reduce or vary the dietary scale or substitute one item for another.
(2) The officer in charge shall report to the Chief Inspector of Reformatories any increase, reduction, variation or substitution made by him in terms of sub-rule (1) and shall enter details of such increase, reduction, variation or substitution in a book to be kept for the purpose.
(3) A person detained in a reformatory who is admitted to a civil hospital shall be placed on the appropriate hospital diet.
[Rule 3]
DIETARY SCALE
Daily Issues Fresh Meat (less 25% bone) OR Fresh Fish OR Dried Fish 141.75 g Maize Meal OR Millet Meal OR Rice (unpolished) (see Note 1)OR Bread (see Note 1) 9.45 g Protone Soup PowderOR Milk, non-fat OR Milk Powder, non-fat . 28.35 g Bread . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226.8 g OR Porridge, Flour and Rice (see Note 2) . . . . . . . . . . . . . . . . . . . . . . . . . . 226.8 g Beans, Peas, Lentils or Dhal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.62 g AND Groundnuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56.7 g OR Cheese . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.35 g Dripping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.35 g OR Margarine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.35 g OR Groundnut Cooking Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.2 g OR Red Palm Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6 g Mixed Fresh Vegetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170.1 g OR Potatoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226.8 g AND Sweet Potatoes (when available) (see Note 4) . . . . . . . . . . . . . . . . . . . . 226.8 g AND Pumpkin (when available) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.4 g Mixed Fresh Fruit (in season) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113.4 g {mprestriction ids="2,3,5"} Cocoa OR Coffee OR Tea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.175 g Sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.5 g Salt (iodised, if available) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.175 g Chillies OR Peppers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.6 g NOTES 1. Bread or rice may be substituted for maize or millet on the recommendation of the Medical Officer or the School Reception Board. 2. Where bread or rice is supplied in place of maize or millet meal, porridge, flour and rice the total weight of 226.8 g should be supplied. 3. Where bread is supplied in place of maize or millet meal, 56.7 g of cheese, syrup or jam may be substituted for 56.7 g of beans, peas, lentils, dhal or groundnuts. 4. Sweet potatoes should be of the yellow varieties, if possible, and, when unavailable, cereal meal should be augmented by 56.7 g per day. GENERAL OBSERVATIONS (i) The above quantities are raw weights. (ii) Fish should not be used on more than two days per week. (iii) 113.4 g of meal may be substituted for 226.8 g of bread, where regular supplies of bread are not available. (iv) Protone Soup powder, where supplied, should be added to the water used for cooking vegetables or meat. (v) Vegetables include spinach, cabbage, tomatoes, kale, pumpkin, turnip, kohl rabi, lettuce, onions, beetroot, carrots, peas, beans, leeks. (vi) Rice may be included in the ration not more than twice a week and should be unpolished or par-boiled. (vii) Fruit includes lemons, limes, oranges, pawpaw, bananas, mangoes, guava, grenadillas, mulberries. (viii) Tea or coffee may be substituted for cocoa if necessary. (ix) Expenditure may be incurred at such rates as the Minister may approve from time to time for the purposes of purchasing additional rations for issue on Christmas Day and on such other days as may be approved by the Minister. [Section 107] Arrangement of Rules Rule PART I 1. Title 2. Interpretation PART II 3. Control and administration PART III 4. Accommodation 5. Accommodation by night 6. Sick inmates 7. Cleanliness 8. Confinement of inmates PART IV 9. Admission 10. Inmate’s property 11. Particulars of inmates 12. Medical examination of inmates 13. Baths 14. Infectious or contagious disease 15. Interview and information to inmates 16. Information to be understood 17. Medical examination 18. Close custody 19. Production orders PART V 20. Possession of prohibited articles 21. Conveyance of prohibited articles 22. Search of vehicles and persons entering or leaving 23. Liquor 24. Tobacco PART VI 25. Clothing outfit 26. Bedding scale 27. Excess prohibited 28. Cleanliness of clothes and bedding PART VII 29. Food 30. Extra food 31. Complaints about food PART VIII 32. Personal hygiene 33. Exercise PART IX 34. Work 35. Work on Sundays and holidays PART X 36. Religious ministration 37. Religious books PART XI 38. Classes PART XII 39. Visits and letters 40. Postponement of privileges of letters and visits 41. Visits to sick inmates 42. Inmate shall see legal representative 43. Letters to be read 44. Visits by police officers 45. Leave of absence 46. Leave of absence license PART XIII 47. Institution offences 48. Inquiry into offences 49. Isolation pending adjudication 50. Inmate to be informed 51. Investigation into reports 52. Hearing of charge 53. Serious offences 54. Record of punishments 55. Remission and reduction of awards 56. Medical examination of inmates 57. Visits to inmates under confinement 58. Confirmation of caning 59. Caning 60. Restricted diet and work PART XIV 61. Not to be used as a punishment 62. Mechanical restraint 63. Confinement of refractory inmates PART XV 64. Hearing of complaints PART XVI 65. Classification of inmates 66. Grades and stages PART XVII 67. Recommendation for release PART XVIII 68. General duty of officers 69. Absence 70. Sick inmates 71. No provocation or unnecessary use of force 72. Discretion by officers 73. No business transactions without authority 74. Fee or gratuity prohibited 75. Communications 76. Contracts 77. Search 78. Unauthorised publicity 79. Quarters 80. Punishment 81. Offences PART XIX 82. Responsibilities of the superintendent 83. Special duties 84. Suspension of subordinates 85. Duties of superintendent as to health 86. Relatives to be informed 87. Mental state of inmates 88. Ventilation, etc. 89. Death of an inmate 90. Inquest 91. Absence of superintendent 92. Visits to institution 93. Fire precautions 94. Housemaster responsible for each house 95. Officers attached to house 96. General duties PART XX 97. Medical officer to attend regularly 98. Medical officer to make reports 99. Medical examinations on admission and discharge 100. Quarterly inspection 101. Inspection of food, etc. 102. Inmate unfit for discipline 103. Mental condition of inmates 104. Spread of disease PART XXI 105. Appointment of After Care Committee [Rules by the Minister.] SI 7 of 1965. PART I
These Rules may be cited as the Reformatory Schools Rules.
In these Rules, unless the context otherwise requires— “After Care Committee” means the persons forming the After Care Committee of the Reformatory Board under rule 105(1); “Chief Inspector” means the Chief Inspector of Reformatories; “housemaster” or “assistant housemaster” means the officers appointed to be housemasters or assistant housemasters of a reformatory school by the Chief Inspector; “inmate” means any person detained in a reformatory school or receiving centre and includes any person granted leave of absence under section 99 or license under section 104 of the Act; “institution” means a reformatory school; “matron”, in relation to a reformatory school, means the officer appointed to be a matron of such school; “officer” means any officer employed by or in the Zambia Prison Service and posted to the staff of a reformatory school; “Reformatory Board” means the persons or body of persons appointed for the relevant year by the Minister under sub-section (3) of section 95 of the Act; “visiting justice” means Ministers of the Government of the Republic of Zambia and magistrates exercising jurisdiction in the area where a reformatory is situated; “visitor” means any member of a Reformatory Board. PART II
(1) Every institution shall be under the control of the Chief Inspector. (2) The general charge and administration of a reformatory school shall be vested in the superintendent. (3) The Chief Inspector, with the approval of the Minister, shall appoint for each institution a fit and proper person to be superintendent thereof and such number of housemasters, assistant housemasters and other officers as may be necessary. PART III
A room or dormitory shall not be used for the confinement of inmates unless it is certified by the Chief Inspector, on the advice of a medical officer, to be of such a size and to be lighted, ventilated and fitted up in such a manner as may be requisited for health. If the certificate of any room or dormitory is cancelled, that room or dormitory shall not be used for the confinement of inmates, unless and until it is again certified. The certificate shall specify the maximum number of inmates to be located at any one time in such room or dormitory, and the number so specified shall not be exceeded. In special circumstances, with the authority of the Chief Inspector, inmates may be located in tents or other temporary accommodation.
Inmates may be accommodated by night in rooms or dormitories with one, three or more than three inmates in each room or dormitory, and each inmate shall be provided with a separate bed.
At every institution a proper place for the reception, accommodation and treatment of sick inmates shall be provided.
The institution and every room and part thereof shall be kept clean and every inmate shall keep his room, dormitory, utensils, books and other articles issued for his use and his clothing and bedding, clean and neatly arranged as may be directed and shall clean and sweep the yards, passages and other parts of the institution as may be ordered.
In every institution rooms shall from time to time be set aside for the confinement of inmates undergoing punishment for institution offences and shall be certified as fit to be used for such purposes by the medical officer. PART IV
(1) The superintendent shall, upon the delivery to him of an order for detention in a reformatory school, make all the necessary arrangements for the conveyance of the young person, named therein, to the institution. (2) Manner of search Every inmate shall be searched on admission and at such times subsequently as may be directed, and all unauthorised articles shall be taken from him. (3) The searching of an inmate shall be conducted in as seemly a manner as is consistent with the necessity of discovering any concealed article.
(1) All money, clothing or other effects belonging to an inmate, which he is not allowed to retain, shall be placed in the custody of the superintendent, who shall keep an inventory thereof, which shall be signed by the inmate. (2) Destruction of infected articles All articles of a perishable nature and all articles infected with vermin or otherwise likely to spread disease which are in possession of an inmate on admission shall be destroyed. (3) In any case where the clothes of an inmate are so old, worn out or dirty as to be useless, the superintendent shall order them to be destroyed and, in such case, on the release of the inmate, the superintendent shall issue replacement clothing of a suitable kind. (4) Bulky articles Articles which in the opinion of the superintendent are too bulky for storage shall not be accepted into an institution. (5) On discharge of an inmate, all articles of clothing and property shall be returned to him, unless they have been destroyed under this rule. (6) Unclaimed property If any inmate is discharged from an institution and fails to claim his property within six months from his discharge, or if any inmate dies in the institution and his personal representative or relatives do not claim his property within six months of his death, the superintendent may, if in his opinion such property is of no substantial value, destroy it, or if he considers it possible to sell it, he shall sell it and devote the proceeds to the welfare of the inmates in the institution generally.
The name, age, height, weight, particular marks and such other measurements and particulars as may be required, in regard to an inmate, shall, upon his admission, and from time to time, be recorded in such manner as may be directed.
12. Medical examination of inmates Every inmate shall, on the day of his reception or as soon as possible after his admission, be separately examined by the medical officer.
Every inmate shall be given a bath on reception, and thereafter daily, unless it is otherwise directed, in any particular case, by the superintendent or medical officer.
14. Infectious or contagious disease If the inmate is found to have any infectious or contagious disease or to be in a verminous condition, steps shall be taken to treat the condition and to prevent it from spreading to other inmates.
15. Interview and information to inmates The superintendent shall see every inmate on reception and explain to him the rules of the institution. In every room and dormitory there shall be provided sufficient information as to the rules concerning the disciplinary requirements of the institution, to earnings and gratuities and privileges and to the proper methods of submitting applications and of making complaints as to food, clothing, bedding and other necessaries.
16. Information to be understood (1) The superintendent shall, personally or through another officer, ensure that as soon as possible after admission into an institution, and in any case within twenty-four hours, every inmate who can read understands the information so provided. (2) Where an inmate cannot read or has difficulty in understanding the information so provided, it shall be explained to him so that he may be aware of his rights and obligations.
Every inmate shall be examined by the medical officer before being discharged, or removed to another institution. No inmate shall be removed to any other institution unless the medical officer certifies that he is fit for removal, and no inmate who is suffering from any acute or dangerous illness shall be discharged from the institution until, in the opinion of the medical officer, it is safe to do so or, his order having expired, he refuses to stay.
An inmate in close custody shall be exposed to public view as little as possible while being removed from or to an institution.
Any inmate, for whose production at any place an order is issued, may, while outside the institution, be kept in the custody of the officers directed to convey him to that place. PART V
20. Possession of prohibited articles No inmate shall have in his possession any prohibited article, and any such article which may be found in the possession of an inmate may be confiscated by the superintendent.
21. Conveyance of prohibited articles No person shall, without authority, convey or throw into, or deposit in, the institution, or convey or throw out of the institution, or deposit with a view to its coming into the possession of any such inmate, any money, clothing, food, drink, tobacco, letter, paper, book, tool, or other article whatsoever. Anything so conveyed, deposited or thrown without authority may be confiscated by the superintendent.
22. Search of vehicles and persons entering or leaving All persons or vehicles entering or leaving the institution may be examined and searched, and any person suspected of bringing any prohibited article into the institution, or of carrying out any prohibited article or any property belonging to the institution, shall be stopped, and immediate notice thereof shall be given to the superintendent.
No inmate shall be given or allowed to have any intoxicating liquor, except in pursuance of a written order of the medical officer specifying the quantity to be given and the name of the inmate for whose use it is intended.
No inmate shall be allowed to smoke or to have in his possession any tobacco, except in accordance with such orders as may be given by the superintendent with the approval of the Chief Inspector. PART VI
Every inmate shall be provided with an outfit of clothing adequate for warmth and health in accordance with a scale approved by the Chief Inspector and shall wear such clothing and no other: Provided that, with the authority of the Chief Inspector, other clothing may be worn in special circumstances or if recommended by the medical officer.
Every inmate shall be provided with bedding adequate for warmth and health in accordance with a scale approved by the Chief Inspector. Additional bedding may be authorised in special circumstances on the recommendation of the medical officer.
Except as provided in rules 25 and 26, no inmate shall, without authority of the superintendent, receive or have in his possession any clothing, bedding or equipment in excess of the authorised allowance.
28. Cleanliness of clothes and bedding (1) The clothes of an inmate shall be changed and washed at least weekly and bedclothes shall be washed and aired as often as the superintendent directs. (2) The institution clothing and bedding left by an inmate on discharge shall be thoroughly washed, dried and disinfected before being reissued. PART VII
(1) Every inmate shall be entitled to a sufficient quantity of plain wholesome food, in accordance with the dietary scale set out in the Juveniles (Reformatory Dietary Scales) Rules. (2) A copy of the dietary scale shall be displayed in some conspicuous place in the institution. (3) Waste of food The diet of an inmate who persistently wastes his food may be reduced by the superintendent after obtaining the written advice of the medical officer. (4) Restricted diet An inmate ordered restricted diet shall have his ordinary diet replaced by the restricted diet set out in the First Schedule, unless the medical officer otherwise recommends.
No inmate shall receive or have in his possession any food other than the allowance authorised by the dietary scale except— (a) with the authority of the superintendent; or (b) with the authority of the medical officer, if a variation of diet is ordered on medical grounds.
An inmate who has any complaint to make regarding food supplied to him shall make it to the superintendent or other senior officer as soon as possible after the food has been served to him. PART VIII
Every inmate shall obey such directions as may from time to time be given to him as regards washing, bathing, shaving and haircutting.
(1) Inmates, if medically fit, shall be exercised regularly at physical drill, games and gymnastics. (2) Every inmate, unless excused by the medical officer on medical grounds, shall take such exercise as may be ordered. (3) Subject to the directions of the Director of Medical Services, the medical officer may depute any of the functions or duties under this Part to any person who he considers is suitably qualified to carry out such duties and functions. (4) At regular intervals and not less than once a month the weight of every inmate shall be taken and recorded in such manner as may be directed. PART IX
(1) Every inmate shall be required to engage in useful work, all of which, so far as is practicable, shall be performed in association with other inmates, whether on the necessary services of the institution, or in workshops or on outdoor work; and shall be instructed, as far as possible, in useful occupations which may help him to earn his livelihood on discharge. (2) No inmate shall be set to work unless he has been certified as fit for that type of work by the medical officer. (3) Every inmate who has not been exempted by the medical officer shall be required to work at least forty hours a week and shall, in addition to work, attend educational classes as required. (4) In every institution there shall be a scheme approved by the Minister under which inmates may receive payment for work done. (5) Earnings scheme— (a) Inmates participating in the earnings scheme shall be classified in the following grades— Grade A—inmates who, in the opinion of the Chief Inspector, are of exemplary conduct and are skilled in their trade, or whose output and effort at work is exemplary, and inmates who are placed in a position of trust and responsibility and are promoted to be prefects, house captains or school captain. Grade B—inmates who, in the opinion of the superintendent, are of good conduct and are semi- skilled in their trade or whose output at work is above average. Grade C—inmates who are eligible to participate in the earnings scheme but who are not in Grade A or Grade B. (b) Promotion to Grade A shall be made by the Chief Inspector and promotion to Grades B and C by the superintendent.
35. Work on Sundays and holidays (1) Except where the Chief Inspector otherwise directs, inmates shall not be required to do any work, other than keeping the institution clean and preparing food, on Sundays and public holidays. (2) The superintendent shall make special arrangements for the observation by inmates of religious and national festivals. PART X
Adequate arrangements shall be made for the provision of religious ministration or instruction to inmates according to their religious beliefs.
Every inmate shall, from the beginning of his training, be furnished with such religious books as are recognised for the faith to which he belongs, and are obtainable. PART XI
(1) Provision shall be made for educational classes for the benefit of all inmates and every inmate shall attend such classes as may be directed by the superintendent. (2) Library books A library of books for the use of the inmates shall be provided and every inmate shall be allowed to have not more than three library books in his room or dormitory at any one time and to exchange them as often as possible. (3) The superintendent may arrange for lectures, concerts and debates for inmates to take place outside the hours of work. PART XII
(1) Communications between inmates and other persons shall be allowed only in accordance with this rule, and the superintendent may restrict such communications still further if he thinks it necessary for the maintenance of discipline and order in the institution and the welfare of the inmates. (2) Save as provided in sub-rule (3), visits and letters shall be governed by the following— (a) on admission an inmate shall be entitled to write and receive one letter; (b) an inmate shall be entitled to write one letter every week to persons approved by the superintendent and to receive letters as often as the superintendent considers desirable; (c) an inmate shall be entitled to receive one visit of thirty minutes’ duration every month from three persons on such conditions relating to visits as may be imposed by the superintendent. (3) The superintendent may allow an inmate to write a special letter and to receive a reply or to receive a special visit at his discretion. (4) The superintendent shall at any time communicate to an inmate, or to his relatives or friends, any matter which he thinks likely to be of importance to such inmate. (5) The degree of supervision to be exercised during visits to inmates shall be within the discretion of the superintendent.
40. Postponement of privileges of letters and visits (1) The privilege of writing and receiving letters and receiving visits may, at the discretion of the superintendent, be postponed at any time in case of misconduct, but shall not be subject to forfeiture. (2) When an inmate who becomes entitled to a letter or visit is at the time undergoing punishment, the superintendent shall defer the privilege to a suitable time.
If an inmate who is dangerously ill desires to be visited by a near relative or friend, the superintendent may give an order in writing for the admission of that relative or friend.
42. Inmate shall see legal representative (1) Reasonable facilities shall be allowed for the legal representative of an inmate to see him on any legal matter in the sight of but not in the hearing of an officer of the institution. (2) For the purposes of this rule, “legal representative” shall include a legal representative’s clerk.
Every letter to or from an inmate shall be read by the superintendent, or by an officer deputed by him for the purpose, and it shall be within the discretion of the superintendent to stop any letter, on the grounds that he considers its contents are objectionable or that it is of inordinate length.
On production of an order from the proper police authority, a police officer may visit, in the sight and hearing of an officer of the institution, any inmate who is willing to see such police officer.
An inmate may be released by order of the Chief Inspector on leave of absence on conditions and for reasons approved by the Chief Inspector, to be absent from the institution for a stated length of time. Should the inmate break any condition of his parole, while absent from the institution, he shall be liable to be dealt with as though he had been discharged on an ordinary license and the license had been revoked.
Where the Chief Inspector allows an inmate to be absent from the institution under section 99 of the Act, he shall issue to the inmate a leave of absence in Form 1 in the Second Schedule. PART XIII
An inmate who— (a) disobeys any order of the superintendent or of any other officer or any institution rule; (b) is careless, idle or negligent at work or refuses to work; (c) is indecent in language, act or gesture; (d) escapes from the institution or from lawful custody; (e) mutinies or incites other inmates to mutiny; (f) commits an assault of any other inmate; (g) commits personal violence against any officer or servant of the institution; (h) leaves his room or dormitory or place of work or appointed place without permission; (i) wilfully disfigures or damages any part of the institution or any property which is not his own; (j) has in his possession any unauthorised articles, or attempts to obtain such articles; (k) gives to or receives from any person any unauthorised article; (l) makes repeated and groundless complaints; (m) in any way offends against good order and discipline; (n) attempts to do any of the foregoing things; or (o) aids and abets the doing of any of the foregoing things; shall be guilty of an institution offence.
No report against an inmate shall be dealt with by any officer of the institution except the superintendent, or, in his absence, the officer appointed to act for him.
49. Isolation pending adjudication When an inmate has been reported for an offence, the superintendent may order him to be kept apart from other inmates, pending adjudication.
An inmate shall, before a report is dealt with, be informed of the offence for which he has been reported and shall be given an opportunity of hearing the facts alleged against him and of being heard in his defence.
51. Investigation into reports Every offence against discipline shall be reported forthwith, and the superintendent shall investigate such reports not later than the following day, unless that day be a weekly or public holiday.
(1) A charge against an inmate in respect of an alleged offence against discipline may be heard and determined within an institution by the superintendent, by a visiting justice or a senior officer of the Zambia Prison Service appointed by the Chief Inspector. (2) Awards If the superintendent, visiting justice or senior officer of the Zambia Prison Service finds an inmate guilty of an offence against discipline, he may make one or more of the following awards— (a) Removal from house to penal grade. (b) Deprivation of any of the following privileges for a period not exceeding one month— (i) Association. (ii) Recreation and games. (iii) Earnings. (c) Extra work or fatigues outside normal labour hours for not more than two hours a day and for a period not exceeding one month. (d) A fine not exceeding the equivalent of one month’s earnings. (e) Reduction in stage or delay in promotion to a higher stage or reduction in earnings grade for a period not exceeding three months. (f) Confinement to a room for a period not exceeding three days. (g) Restricted diet, as laid down in the First Schedule, for a period not exceeding three days.
Where an inmate is reported for any of the following offences, viz— (i) mutiny or incitement to mutiny; (ii) gross personal violence to any officer or servant of the institution or any other inmates; (iii) escaping from the institution or from legal custody; (iv) any serious or repeated offence against discipline for which such award as the superintendent is authorised to make is deemed by him insufficient; (v) any offence upon which the superintendent, having regard to the circumstances of the case, thinks it expedient that a visiting justice or senior officer of the Zambia Prison Service appointed by the Chief Inspector should adjudicate; the superintendent may forthwith report the offence to a visiting justice or the Chief Inspector who shall thereupon arrange to inquire into the report, and if an inmate is found guilty, the visiting justice or senior officer of the Zambia Prison Service may make one or more of the following awards— (a) Any award authorised under rule 52(2). Awards (b) Deprivation of privileges. (c) Loss of stage or grade. (d) Removal from the earnings scheme. (e) A fine not exceeding three months’ earnings. (f) Confinement in a room not exceeding fourteen days. (g) Restricted diet not exceeding fifteen days. (h) Whipping with a light cane not exceeding ten strokes.
A record shall be kept in every institution of the charge against any inmate, the evidence supporting the charge, the decision of the superintendent, visiting justice or senior officer appointed by the Chief Inspector, and the punishment awarded. A special book kept for the purpose shall be used to record any award of corporal punishment, the date of infliction and the number of strokes inflicted.
55. Remission and reduction of awards (1) Any disciplinary award may be remitted or reduced by the Chief Inspector. (2) A disciplinary award may be determined at any time during the currency thereof by the superintendent.
56. Medical examination of inmates Confinement in a room, corporal punishment or restricted diet shall in no case be awarded unless the medical officer has certified that the inmate is in a fit condition of health to sustain it.
57. Visits to inmates under confinement (1) Every inmate undergoing confinement in a room shall be visited at least once a day by the superintendent, and any inmates confined to a room shall be visited by the appointed officer at intervals of not more than one hour during the day and night. (2) Every inmate undergoing confinement in a room shall be taken for exercise each day for one hour in the morning and one hour in the afternoon.
(1) Before an inmate is ordered to undergo caning with a light cane in respect of any of the offences set out in rule 53, the case shall be adjourned without announcing the punishment which shall be submitted for approval to the Chief Inspector who, if the award exceeds five strokes, shall submit the case to the Minister for confirmation. (2) The award shall be reviewed in the shortest possible time and, if confirmed, the superintendent shall announce the punishment and arrange for it to be carried out without undue delay. (3) If the award is not confirmed, the adjudicating officer or the Minister or Chief Inspector, as the case may be, may substitute any other punishment as prescribed in rule 53. (4) Caning shall be inflicted with a light cane not more than 835mm long and not more than 9.38 mm thick.
(1) All caning within the institution shall be attended by the superintendent and the medical officer. (2) The medical officer shall, immediately before corporal punishment is inflicted, examine the inmate and satisfy himself that the inmate is fit to undergo the punishment. (3) At any time after the infliction of the punishment has commenced, the medical officer may, if he deems it necessary in order to prevent injury to the inmate’s health, recommend that no further punishment be inflicted, and the superintendent shall thereupon remit the remainder of the punishment. (4) The superintendent shall enter in the caning book the hour at which the punishment was inflicted, the number of strokes inflicted and any orders he may have given as to remission.
Where restricted diet is ordered for a longer period than six days, the offender shall receive three days’ ordinary diet after each period of six days’ restricted diet: Provided that- (i) no manual work shall be enforced on any one of the days on which restricted diet constitutes the sole food supplied to the inmate, who may, nevertheless, be allowed the option of performing suitable labour, if he so desires; (ii) no inmate who has been on restricted diet shall be placed upon this diet for a fresh offence until an interval has elapsed equal to the period already passed by the inmate on restricted diet. PART XIV
61. Not to be used as a punishment No inmate shall be placed in handcuffs or other mechanical restraint as a punishment.
(1) When it appears to the superintendent that in order to prevent an inmate from injuring himself or others, or damaging property, or creating a disturbance, it is necessary that he should be placed under mechanical restraint, he may order him to be placed under mechanical restraint, and notice thereof shall forthwith be given to the Chief Inspector and to the medical officer. (2) No inmate shall be kept under mechanical restraint for longer than is necessary, and in any case not for more than twenty-four hours, unless an order in writing from the Chief Inspector is given, specifying the cause thereof and the time during which the inmate is to be kept, which order shall be preserved by the superintendent as his warrant. (3) Particulars of every case of mechanical restraint shall be forthwith recorded by the superintendent.
63. Confinement of refractory inmates The superintendent shall order any refractory or violent inmate to be temporarily confined in a special room certified for the purpose, but no inmate shall be confined in such a room as a punishment, or for longer than is necessary. PART XV
(1) Any request made by an inmate to see the superintendent or the Chief Inspector shall be recorded by the officer to whom it is made and conveyed without delay to the superintendent, who shall inform the Chief Inspector, as the case may be, of any such request. (2) The superintendent shall, at a convenient hour every day other than the weekly holiday and public holidays, hear the applications of all the inmates who have requested to see him. PART XVI
The superintendent shall classify all inmates, having regard to their character, previous history and other relevant circumstances, and shall arrange for each inmate to receive such training for which, in his opinion, he is most suitable.
(1) Inmates shall be divided into such grades and stages as the Chief Inspector may approve. (2) An inmate may be placed in the penal grade by order of the superintendent, if he is satisfied that such inmate is exercising a bad influence and is idle or ill-conducted, but no inmate shall be detained in it longer than is necessary in the interests of himself or others. While in the penal grade he shall not be employed in association with other inmates and shall receive no payment. (3) An inmate shall not be promoted in stage or grade, except after full consideration of the circumstances of his case by a board, called the “Institution Board”, composed of such officers of the institution as the Chief Inspector may decide. The Board may also order reversions to a lower grade, if, for some reason other than an act of misconduct, they consider it desirable. PART XVII
67. Recommendation for release (1) An inmate shall become eligible for release on license after he has served not less than nine months of his term of detention. If the superintendent, in consultation with the After Care Committee, is of the opinion that there is a reasonable probability that an inmate will lead a useful and industrious life and abstain from crime, he shall submit his recommendation to the Chief Inspector, who, if he thinks fit, may thereupon order that he be discharged from the institution on license. (2) Release on license When the Chief Inspector has decided that an inmate shall be released on license, every effort shall be made, in consultation with the After Care Committee and a Probation Officer, to obtain suitable employment for him. The Probation Officer shall give all relevant information and full assistance, with a view to securing a continuous and well-directed supervision of the case, both at the moment of discharge and afterwards at the home or place to which the inmate proceeds. Every encouragement shall be given to the Probation Officer or other authorised persons to visit the inmate before discharge, in order that they may have a personal knowledge of, and be in possession of, the views of the authorities of the institution concerning such inmate. (3) Revocation of license If the Chief Inspector is satisfied that an inmate who has been released on license has escaped from the supervision of the person under whose care he has been placed, or who has been guilty of a serious and willful breach of the conditions of his license, and that the case cannot be dealt with by admonition and warning, he may revoke the license. (4) An inmate whose license has been revoked may, on readmission to an institution, be detained in the penal grade for such length of time as the superintendent shall deem necessary, having regard to all the circumstances of the case. (5) An order for release on license shall be in Form 2 and revocation of license shall be in Form 3 in the Second Schedule. PART XVIII
(1) It shall be the duty of an officer of a reformatory to carry out his duties and responsibilities in accordance with the Act, these Rules and any standing orders, administrative directions or general or special instructions issued by the Chief Inspector or superintendent. (2) Any breach or non-compliance by an officer of a reformatory with any provisions of the Act, these Rules or any standing orders or general or special instructions issued by the Chief Inspector or superintendent shall be a disciplinary offence. (3) The conditions of service of the officers of a reformatory shall be subject to the Prisons Rules.
No officer shall be absent from the institution without leave from the superintendent.
Every officer shall direct the attention of the superintendent to any inmate, whether he complains or not, who appears to be out of health, or whose state of mind appears to be deserving of special notice and care, and the superintendent shall without delay bring such cases to the notice of the medical officer.
71. No provocation or unnecessary use of force (1) No officer shall act in a manner calculated to provoke an inmate. (2) No officer, in dealing with inmates, shall use force unnecessarily, and, in any case in which the application of force to an inmate is needful, no more force than is necessary shall be used. (3) If an officer strikes or uses force against an inmate, he shall have the inmate as soon as possible examined by the medical officer, and shall immediately report the incident to the superintendent.
(1) No officer shall communicate with an inmate for an improper purpose. (2) No officer shall discuss his duties or any matters of discipline or of institutional arrangements within the hearing of an inmate. (3) Every officer shall at once communicate to the superintendent any abuse or impropriety which may come to his knowledge.
73. No business transaction without authority (1) No officer shall, without the authority of the Chief Inspector, carry out any pecuniary or business transaction with or on behalf of any inmate. (2) No officer shall, without the authority of the superintendent, bring in, or carry out, or attempt to bring in or carry out, or knowingly allow to be brought in or carried out, to or for any inmate any article whatsoever.
74. Fee or gratuity prohibited No officer shall receive any fee or gratuity or other consideration in connection with the admission of any visitors to the institution, or in connection with the admission of any visitors to inmates.
No officer shall, directly or indirectly, communicate with any ex-inmate or with the friends or relatives of any ex-inmate, or inmate, except with the knowledge of the superintendent.
No officer shall, directly or indirectly, have any interest in any contract in connection with the institution, nor shall he receive, directly or indirectly, under any pretence whatsoever, any fee, gratuity or other consideration from any contractor or from any person tendering or any other person whatever in connection with any such contract.
Every officer or servant of the institution shall submit himself to be searched in the institution if called upon to do so by the superintendent.
(1) No officer shall, directly or indirectly, make any unauthorised communication to representatives of the Press or any other persons with reference to matters which have become known to him in the course of his official duties. (2) No officer shall, without the authority of the Chief Inspector, publish any matter or make any public pronouncement relating to the institution or inmates or the administration of the Zambia Prison Service.
(1) Every officer shall occupy quarters as may be assigned to him and shall at any time vacate them, if required to do so. (2) On the termination of an officer’s service, he shall give up the quarters he has occupied, as soon as he is required to do so; and, on the death of an officer, his family shall give up the quarters, when required to do so.
An officer shall not punish any inmate unless authorised to do so under the Act or these Rules.
Nothing in this or any other rule shall be so construed as to exempt any officer of a reformatory from being prosecuted under the Act or any other written law in respect of any act or omission that is an offence under the Act or any other written law: Provided that an officer shall not be punished twice for the same offence or disciplinary offence. PART XIX
82. Responsibilities of the superintendent (1) The superintendent shall be responsible for the maintenance of discipline in the institution. (2) The superintendent shall also be responsible for all property in the institution and shall keep the following books and accounts: (a) an inventory of the furniture and tools in the institution; (b) a diary in which all occurrences of importance within the institution must be recorded; (c) a nominal record of all inmates committed to the institution, showing the date and period of commitment of inmates, the names and addresses of their parents (if known), their particular marks, general appearance, race, language, nationality, apparent age, health, height and weight; a record of the health and conduct of inmates while in the institution shall be kept; (d) a punishment book in which all punishments shall be recorded; (e) a visitors’ book for the entry of observations by visitors; (f) an account of all materials purchased for use in the workshops of the institution and the disposal thereof; (g) a record of all articles manufactured in the institution, and of all sales of such articles, showing cost of materials, transport and other expenses connected therewith. (3) In the absence of the superintendent, the senior housemaster shall have the powers and duties of the superintendent. (4) The superintendent and the senior house-master shall never be absent from the institution at the same time. (5) The senior house-master and the subordinate staff of the institution shall be under the orders of the superintendent and shall not be absent from the institution without leave from him, to be recorded in the diary. (6) The superintendent, or in his absence the senior house-master may, subject to the limitations laid down in these Rules, inflict punishment where it appears necessary that it should be inflicted immediately.
(1) The superintendent shall exercise a close and personal supervision of the whole institution, and shall visit and inspect daily all parts of the institution where inmates are employed or confined, and shall give special attention to every inmate who for any reason is confined to his room, and to every inmate who is a hospital patient. (2) The superintendent shall, from time to time, visit the institution during the night and satisfy himself as to the state of the institution. Such visits shall be made at varying intervals and at varying times and not less often than twice a fortnight. (3) The superintendent shall take an early opportunity to interview all inmates as soon as possible after their reception and he shall again interview them prior to discharge.
84. Suspension of subordinates The superintendent, in case of misconduct, may suspend any subordinate officer, and shall report the particulars without delay to the Chief Inspector.
85. Duties of superintendent as to health The superintendent shall, as far as practicable, carry into effect any written recommendation made by the medical officer on grounds of health, for the alteration of the discipline or treatment of any inmate, or for his separation from other inmates.
Where an inmate is, in the opinion of the medical officer, dangerously ill, the superintendent shall whenever practicable forthwith inform the relatives of such inmate.
The superintendent shall, without delay, report to the Chief Inspector any case of insanity or apparent insanity occurring among the inmates, or any case in which the medical officer is of the opinion that the mental state of any inmate is becoming impaired or enfeebled by continued discipline or treatment, or any sick inmate will not survive his sentence, or is totally and permanently unfit for the discipline of the institution.
The superintendent shall pay attention to the ventilation, drainage and sanitary condition of the institution, and take any measures as may be necessary for their being maintained in proper order.
Upon the death of an inmate, the superintendent shall give immediate notice thereof to the coroner or magistrate having jurisdiction in respect of such death and to the Chief Inspector, and, where practicable, to the nearest relative of the deceased.
(1) The superintendent shall supply to the coroner or magistrate the name of any inmate who tenders his evidence in the case of an inquest about to be held on the body of any inmate. (2) After any inquest on an inmate the superintendent shall report to the Chief Inspector the finding of the jury, or of the coroner, and such other circumstances of importance as may arise at the inquest.
The Chief Inspector may appoint any officer to perform in the absence of the superintendent all or any of the duties required to be performed by the superintendent.
(1) The Chief Inspector and the superintendent may, in the exercise of their discretion, allow any person to visit the institution. (2) No person visiting an institution shall, without the permission of the superintendent, make any sketch, or take any photograph, and this permission shall not be granted unless an undertaking is given that the sketch or photograph will not be published without the authority of the Chief Inspector. (3) The superintendent may remove from the institution any visitor whose conduct is improper.
The superintendent shall ensure that proper precautions against fire are adopted, and that the appliances for the extinction of fire are at all times kept in good order and ready for use. He shall ensure that instructions are given as to the steps to be taken in the case of fire, and that the officers concerned are acquainted with their duties in such an event.
94. Housemaster responsible for each house Where a reformatory is divided into houses, a house-master or assistant housemaster shall be responsible for the administration of each house, subject to the general directions of the Chief Inspector and the superintendent.
95. Officers attached to house One or more officers on the staff of a reformatory may be attached to each house, and shall be subject to the directions of the housemaster or assistant housemaster in charge of the house.
Housemasters, assistant housemasters and subordinate officers on the staff of a reformatory shall devote themselves to the mental, moral and physical development of each inmate under their charge. PART XX
97. Medical officer to attend regularly The medical officer shall have the general care of the health of the inmates, and he shall visit the institution whenever practicable.
98. Medical officer to make reports The medical officer shall report to the Chief Inspector, through the superintendent, any circumstances connected with the institution or the treatment of the inmates which, at any time, appear to him to require consideration on medical grounds.
99. Medical examinations on admission and discharge (1) The medical officer shall examine every inmate as soon as possible after his admission. The medical officer shall also examine every inmate before discharge. On each occasion the medical officer shall record the state of health of the inmate and such particulars as may be prescribed by the Chief Inspector. (2) Visits The medical officer shall see such inmates who complain of illness, and shall report to the superintendent in writing their fitness or otherwise for work. He shall visit every sick inmate at such times as may be necessary. He shall attend at once on receiving information of the serious illness of any inmate. (3) The medical officer shall visit every inmate under restraint, confined to a room, or on restricted diet, or any other inmate to whom his attention is specially directed. (4) When an inmate is about to be removed from an institution, the medical officer shall examine him and certify as to his fitness to travel and as to such other particulars regarding him as may be required. (5) Cleanliness and sanitation The medical officer shall frequently examine the provisions made for cleanliness and sanitation and see whether they are in efficient working order and report at once to the superintendent any defect or insufficiency therein. (6) Death of inmate The medical officer shall keep a record of the death of any inmate, which shall include the following particulars— (a) the time and date when the deceased was taken ill and when the illness was first notified to the medical officer; (b) the nature of the disease; (c) the time and date of death; and (d) an account of the appearances after death (in cases where post mortem examinations are made) together with any special remarks that appear to him to be required.
Once in every quarter of the year the medical officer shall inspect every part of the institution, for the purpose of ascertaining that nothing exists therein to be injurious to the health of the inmates, and, especially, that the ventilation is sufficiently provided for and properly attended to. The result of this inspection shall be reported to the Chief Inspector forthwith.
The medical officer shall frequently inspect the inmates food, both cooked and uncooked and shall report to the superintendent as to the state and quality of the food, and as to any deficiency in the quantity or defect in the quality of the water; and also as to the sufficiency of clothing and bedding and any other matter which may affect the health of the inmates.
102. Inmate unfit for discipline (1) Whenever the medical officer has reason to believe that an inmate’s health is likely to be injuriously affected by the discipline or treatment, he shall report the case in writing, through the superintendent to the Chief Inspector together with such recommendations as he thinks proper. (2) Inmate unfit for training Whenever the medical officer is of the opinion that the life of any inmate will be endangered by continued discipline or that any sick inmate will not survive his sentence, or is permanently and totally unfit for training, he shall report his opinion and the grounds thereof in writing, through the superintendent, to the Chief Inspector. (3) Whenever any inmate appears to the medical officer to be dangerously ill, he shall give notice thereof to the superintendent. (4) Alteration in treatment on medical grounds The medical officer shall report in writing to the superintendent the case of any inmate to which he thinks it necessary, on medical grounds, to draw attention, and shall make such recommendations as he deems needful for the alteration of the discipline or treatment of the inmate, or for the supply to him of additional articles.
103. Mental condition of inmates The medical officer shall have the special care of the mental health of the inmates, keeping under his special observation any inmate whose mental condition appears to require such observation, and, if necessary, shall take such steps as he may consider proper with a view to the segregation or removal of such inmate to an institution designed for the observation of weak-minded inmates, or certification under any written law relating to mental health and mental deficiency or disorder.
The medical officer shall submit to the superintendent in writing a recommendation for separating from other inmates any inmate suffering, or suspected of suffering, from any infectious or contagious disease; and shall immediately take such steps as may be necessary to prevent the spread of any such disease. PART XXI
105. Appointment of After Care Committee (1) The Board appointed by the Minister under section 95 of the Act shall appoint an After Care Committee whose duties shall include the responsibility for matters relating to the release, employment, supervision and after care of inmates. (2) Monthly visits by members The Board shall meet quarterly but shall appoint one or more of its members to visit the institution in each month of the year. (3) Powers and duties of members of Board A member of the Board may at any time visit an institution and may inspect the several wards, cells, yards, punishment cells and other apartments or divisions of the institution, and may inspect and test the quality and quantity of the inmates’ food, and may question any inmate or any member of the staff, and shall ascertain, so far as possible, whether the institution rules are adhered to, and shall call the attention of the superintendent to any irregularity that may be observed in the working of the institution or in the treatment of any inmate, and shall exercise and perform such duties as may be prescribed. [Rules 29(4) and 52(2) (G)] RESTRICTED DIET
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