Chapter XXI MISCELLANEOUS

Prohibition of Caste-based discrimination in Prisons and Correctional Institutions-

1. (1) It shall be strictly ensured that there is no discrimination/classification/segregation of prisoners on the basis of their caste.
2. (2) It shall be strictly ensured that there is no discrimination of prisoners in allotment of any duty/work in prisons on the basis of their caste.
3. (3) The provisions of ‘The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013' (25 of 2013) shall have a binding effect even in Prisons and Correctional Institutions.

Rights and Facilities for Prisoners with Disabilities Rights and Facilities for Prisoners with Disabilities-

1. (1) No prisoner shall be discriminated against on grounds of disability. All prisoners with disabilities shall be entitled to equality, dignity, and respect for their integrity on an equal basis with others.
2. (2) All prison infrastructure, including cells, toilets, medical units, educational and vocational training centres, and grievance redressal systems, shall be made accessible in accordance with the standards specified under the 'Accessibility Standards and Guidelines' notified by the Ministry of Home Affairs, Government of India.
3. (3) Persons with disabilities shall be provided with appropriate healthcare, including psychiatric and psychological services, as well as access to rehabilitation programs and therapies.
4. (4) All incoming prisoners shall be screened for disabilities at the time of admission. Relevant prison records must reflect their specific needs to ensure suitable accommodations and assistance.
5. (5) Prison staff shall undergo regular training to sensitize them to the rights, needs, and appropriate handling of prisoners with disabilities.

Legal Aid- The Government may provide the facility of free legal aid to the prisoners in accordance with the provisions of the Legal Services Authorities Act, 1987 (39 of 1987) and the Standard Operating Procedure prescribed by the National Legal Services Authority or the State Legal Services Authority or the District Legal Services Authority or as may be prescribed under the rules.

Constitution of the Under-Trial Review Committee for every district-

1. (1) There shall be an Under-Trial Review Committee for every district, headed by the District and Sessions Judge and comprising of such other members for carrying out such functions, as may be prescribed under the rules.
2. (2) The Committee shall meet once every three months and review the cases of eligible prisoners in all prisons of the district and make appropriate recommendations.

Report on the death of a prisoner- On the death of any prisoner, the Medical Officer shall forth-with record all relevant details and particulars of the case, as may be prescribed under the rules, and send the report to the officer-in-charge of the prison and the Head of Prisons and Correctional Services.

Grievance Redressal Mechanism- There may be an appropriate mechanism for redressal of the grievances of the prisoners and prison staff, as may be prescribed under the rules.

Utilisation of services of prisoners- The officer-in-charge may utilize the services of prisoners in accordance with the rules for the day to-day administration and management of the prisons, as may be prescribed.

Prohibition of strikes and agitations- No prisoner, visitor or any person employed in the prison, shall have any right to strike or start or continue any agitation inside the prison for achieving any request or demand.

Emergency- The officer-in-charge shall, as may be prescribed under the rules, take all appropriate measures, including the procurement of necessary equipment and preparation of a contingency plan, for preventing and controlling any emergency in the prison, including ensuring availability of Quick Reaction Teams, etc., and any other provision in conformity with the Disaster Management Act, 2005 (53 of 2005) or any other relevant Act and orders or instructions issued by any competent authority.

Extramural custody, control and employment of prisoners- A prisoner, when being taken to or from any prison in which he may be lawfully confined, or to a court for production or to a hospital for medical treatment, or is otherwise beyond the limits of any such prison, in or under the lawful custody or control of a prison officer belonging to such prison, or any other officer deployed for such duty, shall be deemed to be in prison and shall be subject to all directions and discipline, as if he were actually in prison.

Prison Development Board-

1. (1) The State may set up a Prison Development Board with the objective of modernizing prison infrastructure and facilities for better prison management, correctional and reformational activities for prisoners and welfare of the prison staff.
2. (2) The composition of such Board, its responsibilities and manner of governance, etc., shall be such as may be prescribed under the rules.

Delegation of Powers- Any of the powers conferred by this Act may be exercised and performed by such officers as the Government may designate in this regard.

Accounts and Audit- The accounts of every prison shall be maintained and audited in such manner as may be prescribed by the Government.

Protection of action taken in good faith- No suit, prosecution or other legal proceeding shall lie against the Government or any functionary of the Government in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued there-under.

Power of the Government to make rules- The Government may, by notification in the official Gazette, make rules consistent with this Act.

Power to remove difficulties-

1. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order published in the official Gazette, make such provisions or take such measures, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty:

Repeal and Saving Repeal and Saving-

1. (1) The Prisons Act, 1894 (9 of 1894), The Prisoners Act, 1900 (3 of 1900) and the Transfer of Prisoners Act, 1950 (29 of 1950) as applicable to the State of Meghalaya, are hereby repealed.
2. (2) Notwithstanding this Act, all the rules, regulations, orders, directions, notifications relating to prisons made under these Acts and in force immediately before the commencement of this Act shall, except where and in so far as they are inconsistent with or repugnant to the provisions of this Act, continue to be in force until altered, amended or repealed by rules made under this Act.