DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Prisons and Indian Lunacy (Tamil Nadu Amendment) Act, 1938
Act 14 of 1938
Keyword(s):
Central Act Amendment, Prisons Act, 1894, Prisoner, Escape or Attempt to Escape from Hospital or Asylum
Amendments appended: 5 of 1940, 18 of 1947, 19 of 1947
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o k .;,,; ' .. 1938 r ~,h. A C ~ XIV] Prisom m i ~ t t ~ ~ l n tmiey 61'3. (Tamil Nadu Amendqnt ) .
I a ( T M L NADU] ACT No. XIV OF 1938.. 1
I
I VIiE PRISONS AND INDIAN LUNACY T TAMIL NADU] AMENDMENT) ACT, 1 938.1 I I (Received the assent of the Governor-General on the 3rd October 1938 ; fist published in the Fort. St. Qeorge Gazette on the 25th October 1938.)
I An Act further to amend the 2risons Act, 1894, and the Indian Lunacy Act, 1912, in their application to the 3[State of Tamil Nadu] for certain purposes. WHEREAS i t i~ expedient further to amend the
Prisons Act, 1894, and the Indian Lunacy Act, 1912,
in their application to the "State of Tamil Nadu] for
the purposes hereinafter appearing ; It is hereby
" enacted as follows :-
1. This Act may be called the Prisons and Indian Sbort title.
Lunacy ('[Tamil Nadu] Amendment) Act, 1938. 2, After section 39 of the Prisons Act, 1894, the Insertion of new section
, following section shall be inserted, namely :- 39-A in Central Act
I X of 1894.
<439-A. The Superintendent may, if in his Powerof
opinion, a prisoner requires special treatment in a superinten-
hospital outside the prison or in an asylum as defined :;g;;;:
in the Indian Lunacy Act, 1912, send him to such hospit;rlor pf hospital or asylum subject to the prisoner or any asylum
relative or friend of the prisoner executing such bond tgte;!
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1 These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amen&d by the Tamil Nadu Adaptation of taws (Seoond Awndmcnt) Order,
1969.
I ~ o t S atement of OMocts and Reasons, see Fort Sr. George amr te , dated tho 19th July 1938-Part IV* P4CS 134137. a This expramion was subsit
of ~adras" by the Tamil Nqdu
w w was doomed to have corns
1969, . . " && 't. . *;. J '
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t ; ;;. . *A"' " .I. P >re- ":.'rJ& Act XlV -IS* . . - . b - , -,...
and abiding by such other conditions, 'if any, as the '[Statel Government may by ruleor order prescribe. Any period during which the prisoner is undergoing treatment in such hospital or asylum or' spent by him in ging thereto or returning therefrom shall be deemed to be part of the period of his detention in the prison. Exylonation.-Nothing contained in this section Cmtra,
shall be deemed to affect the operation of section 30 Act, of the Prisoners Act, 1900, in cases to which that of 1900. section applies."
Amendment of section 4, 3. In sub-bection (1) of section 4 of the Indian~entrai
Ccntral Act I V of Lunacy Act, 1912, for the words and figures "save as ,";:b,T.
1912. provided by sections 8, 16 and 98': the words, figures
and letter "save aa provided by sections 8, 16 and 98 of this Act and by section 39-A of the Prisons Central
Act, 1894 " shall be substituted. Act, Ui of 1894.
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1940: T.N. Act V] Prhons (Tamil Nadu 811 Amenclment)
'[TAMIL NADU] ACT No. V OF 1940.
(Received the assent of the Governor c rt the 2nd April
1940 ; Jirst published in the Fort S t . Oeorge Gazette on the 9th April 1940.)
An Act further to amend the Prisons Act, 1894, in its application to the "State of Tamil Nadu], for certain purposes.
Central WHEREAS it is expedient further to amend the Prisons
IX Act, 1894, in its application to the '[State of Tamil of 1894. Nadu], for the purposes hereinafter appearing; 3[1t is hereby enacted as follows :-I
1. This Act nay be called the Prisons short (l[Tamil Nndtr] Amendment) Act, 1940.
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Central 2. In section 39-A of the Prisons Act, 1894 (herein. A C ~ 1~ after referred to 11s the said Act;, the Explanation ' of sectiofi of 1894. shall be renumbered as Explanation 1 and the following shall be added as Explanation 11 , namely- ~ c t IX
of 1894.
"Expkmation 11.-In this section, means a convicted criminal prisoner."
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1 These words were substituted for the word "Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.
2 This expression was substituted for the expression " Province of Madras" by the Tamil Nadu Adaptation of Laws Ordel., 1970, which was deemed to have come into force on the 14th January 1969.
a These words were substituted for the paragraph containing the en- actin formda and the paragraph preceding that paragraph by section
5 o f t % e ~ a m i l ~ a d u Rc-cnact~ng and Repealing(N0. I) Act, 1948 (Tamil
Nadu Act VII of 1948).
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Punisbent for escape or attempt to escape &om hospital or asylum.
812 Prisons (Tamil Nadu I1940 : T.Nf V Amendment)
B 3. After section 39-A of the said Act, the fol wing
sections shall be inserted, namely :-
t Central Act
i : 1X of 1894.
"39-B. If my prisoner dealt with under section
39-A kscapes or attempts to escape from the hospital or asylum to which he has been sent or when going thereto or returning therefrom, he shall be punished with imprisonment for a term which may extend to two years , or with fine, or with both. The punishment under this section shall be in addition to the punishment for which the prisoner wasIiqIefor the offence of which he was already convicted.
b 39-C. The provisiolzs of Chapter XLII of the Central
Code of Criminal Procedure, 1898*, shall so far as ~ c t v m y be, a,pplj to the bonds referred to in section 39-A". @f 1898.
- -.-- -- * See now the Codc of Critninnl Procedure, 1973 (Central Act 2 of ~
1974), Chaptcr XXXIIl.
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i il Nadu [I947 : T,N, Act XVgn '[TAMIL WU] ACT No. XMIT OF 1947'.
[THE PRISONS ('PAMIL NADU] A~NDMBNT)ACT, 19471 [Reeived the assent of the Governor on the 6th Novem-
I ber 1947 ; first published in the Fort S t . George
t
Gazette, on the 11th November 1947.3 An Act further to amend the Prisons Act, 1894, in its application to the 8(State of Tam11 Nadu).
WHEREAS it is expedient further to amend the Prisons Centra I ActIxof
Act, 1894, in its application to the "State of Tami11894.
Nadu) , for the purposes hereinafter appearing; I t is hereby enacted as follows :-
Short tab. 1. This Act may be called the Prisons '(pamil
1 Nadu] Amendment) Act, 1947.
2. In the Prisons Act, 1894-
(i) in section 46, proviso, the following words shall be added at the end, namely, " or render any prisone~ on hunger-strike liable to whipping " ;
(ii) in section 52, for the words and figures
" sentence him to any of the punishments enumerated in section 46 " , the words and figures "sentence him to any of the punishments to which he is liable
under section 46 " shall be substituted.
1 ThsEo words aae substituted for the word " Madras" by the TamilNadu Adapmkmof Laws Order, 1969, as a m d e d by tho
Ikanil Nadu Ada$uarion of Laws (Second Amendment) Order, 1969.
'Pot S t a m of O W and Raasom, saa Fort St. Qmrge ws dated tho 8th July 1947, Part IV-A, page 125.
8 Thh oxp& wal rubstitutad for tho axpression " Provinco of W a s * by tlm T d l Nadu Adaptation of Laws Order, 1970, rhkh aor da*nsd to haw coma into force on the 14th January
1969.
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1947 : T.N. AG$ XIX] P r i s m (Tmil Nadu 987
Amendment No. I l ) l[TAMIL NADUJ ACT No. XIX OF 1947.8
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[THE PRISONS TA TAMIL NADU] A M E ~ M E N T NO. 11)
ACT, 1947.1 . I ,
[Received the assetit of the Governor on the 7th Novem- I' I
bep 1947 ; Jirst published in the Fort St. George
1 ' 1 i i
Gazette on the 1 lth November 1947.1 I :
An Act further to amend the Prisons Act, 1894, in its application to the 3(State of i D Tam1 Nadu). ,
ant ra l WHEREAS it is expedient further to amend the Prisons '
Act Ur of Act, 1894, in its application to the =(State of Tamil * Nadu), for the purpose hereinafter appearing; it is hereby cnncted as follows : --
1. This Act may be called the Prisons (l[Tamil Short title* N ~ d u ] Amendment No. 11) Act, 19471.
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ant ra l 2. (1) In qeclion 33 of the Prisons Act, 1894, for Act 1 x 0 ' sub-seclioa (2): the following sub-section shall be 1894. substituted, namely :- Amendment
" (2) When a civilpiisnner has been committed to piison by a Couct in cxccution of any decree or 1894. orcler i l l favour of a private person, such person shall immcdiately deposit or cause to be deposited ill Court, to mee! tile cost of the prisoner's clothing ancl becl(ling, suci~ nlllount as may be fixed by the Court in :~ccol-
default of such dcposit, the prisoner may be released."
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I These words were substituted for the word " Madras 9' by the Tamil Nadu Adapta t i~n~of Laws Order, 1969, as amended
by the Tamil Nadu Adaptation of Laws' (Second Amendment) Order, 1969.
2 For Statement of Objects and Reasons, see Fort SI. C ~ ~ p g r Grrzette, ddtcd the 2nd September 1947, P e t IV-A, page 138.
8 T ~ I S expression was s~rbstituted for tlie expression "Provinccr
i t f Madras ,' by the Tamil Nadu Adaptation of Laws Ordu,
1970, which was deemed to ham come pnto fotcc on the 14th 1:inuary 1969. I
r This word was substituted for the word " Provindql "by
l' e Adaptfition Order of 1950.
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