Chapter XXI MISCELLANEOUS

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’ and the Standard Operating Procedure prescribed by National Legal Services Authority/State Legal Services Authority/ District Legal Services Authority or as may be prescribed under the rules.

Constitution of 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 and for carrying out such functions, as may be prescribed under the rules. Provided that constitution of Under Trial Review Committee shall be made as per Judicial District of the State in case District and Session Judges are not appointed in every district.
2. (2) The Committee shall meet periodically 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 forthwith 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 strike and agitation.- 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 equipments and preparation of a contingency plan, for preventing and controlling any emergency situation in the prisons, including ensuring availability of Quick Reaction Team, etc. and any other provision in conformity with the Disaster Management Act, 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 whenever he is working outside 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 thereunder.

Powers of the Government to make rules.-

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly.

Repeal and Saving–

1. (1) The Prisons Act, 1894 (9 of 1894), The ‘Prisoners Act, 1900 (3 of 1900) and Transfer of Prisoners Act, 1950 (29 of 1950) as applicable to the State of Mizoram, 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 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.

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.
2. (2) The State Government may make an order under sub-section
3. (1) to have effect from any date not earlier than the date of commencement of this Act.