34. Employment of civil prisoners.—(1) Civil prisoners may, with the Superintendent’s permission, work and follow any trade or profession. (2) Civil prisoners finding their own implements, and not maintained at the expense of the prison, shall be allowed to receive the whole of their earnings; but the earnings of such as are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Superintendent, for the use of implements and the cost of maintenance. COMMENT Wages for prison labour.- The provisions of Minimum Wages Act, 1948 and the obligation thereunder to comply with the statutory notification would apply equally to the Government when the Government takes labour from the prisoners inside a prison. [Mustaram Sitaram Shinde v. State of Maharashtra, 1997 Cri Lj 3458 at 3462 (Bom)] 35. Employment of criminal prisoners.—(1) No criminal prisoner sentenced to labour or employed on labour at his own desire shall, except on an emergency with the sanction in writing of the Superintendent, be kept to labour for more than nine hours in any one day. (2) The Medical Officer shall from time to time examine the labouring prisoners while they are employed, and shall at least once in every fortnight cause to be recorded upon the history-ticket of each prisoner employed on labour the weight of such prisoner at the time. (3) When the Medical Officer is of opinion that the health of any prisoner suffers from employment on any kind or class of labour, such prisoner shall not be employed on that labour but shall be placed on such other kind or class of labour as the Medical Officer may consider suited for him. 36. Employment of criminal prisoners sentenced to simple imprisonment.—Provision shall be made by the Superintendent for the employment (as long as they so desire) of all criminal prisoners sentenced to simple imprisonment; but no prisoner not sentenced to rigorous imprisonment shall be punished for neglect of work excepting by such alteration in the scale of diet as may be established by the rules of the prison in the case of neglect of work by such a prisoner. 1 [36-A. Remuneration of Prisoners.- (1) Every convicted criminal prisoners employed for labour in prison and working satisfactorily shall be entitled to get such remuneration as may be prescribed bt the State Government : Provided that out of the amount payable to a convicted criminal prisoner under this sub-section, an amount not exceeding 20 per cent thereof shall be deducted and be paid as compensation to the deserving victims of the offence committed by that prisoner. (2) All deduction made under sub- section (1) shall be credited to a common fund to be created for the purpose. (3) The creation of the fund, credit of amount therein and the operation thereof shall be regulated in such manner as may be prescribed.]