S Act 11 of 1962] THE PUNJAB GOOD 465 CONDUCT PRISONERS (TEMPORARY RELEASE) THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) ACT, 1962. E. (PunsaB Act No. 11 oF 1962) Arrangement of sections SECTIONS. शक | 1. Short title, extent and commencement. Definitions. Temporary release of prisoners on certain grounds. porary p o M Temporary release of prisoners on furlough. 5. Exclusion of certain days in computing period under sections 3 and 4. 6. Prisoners not entitled to be released in certain cases. 7. Journey expenses of poor prisoners to be borne by State Government. 8. Liability of Prisoners to surrehnder on expiry of release period and consequences of overstaying. 9. Penalty for failure to surrender. 10. Power to make rules. 11. Repeal and savings.
Act 11 of 1962] THE PUNJAB GOOD 467 CONDUCT PRISONERS (TEMPORARY RELEASE) \ 'THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) ACT, 1962. Punjab Act No. 11 of 1962 [Received the assent of the President of India on the 19th May, 1962 and was first published for general informaticn in the PUNJap GOVERNMENT (GAZETTE (Extraordinary), dated the 19th June, 1962.] 1, 2 गए | 4 o - Whether affected by . Year य No. ! Short title 1.egislation i v e § s ot © e s b Y et e e et R 1962 | 1t | The Punjab Good | ! Conduct Prisoners (Temporary Releasey | | Act, 1962 | An Act to provide for the temporary release of prisoners for good conduct on certain conditions. . Be it enacted by the Legislature of the State of Pun- jab in the Thirteenth Year of the Republic of India as follows :— 1. (1) This Act may be called the Punjab Good Short Uil om. Conduct Prisoners (Temporary Release) Act, 1962. mencement, (2) It extends to the whole of the State of Punjab. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In this Act, unless the context otherwise re- Desnitions. quires,— _ (a) “District Magistrate” means the District Magistrate of the District within whose jurisdiction the prisoner after his temporary release under this Act is likely to reside during the period of his release ; (b “member of prisoner’s family” means the husband, wife, son, daughter, father, mother, brother or sister of the prisoner ; (c) “prescribed” means prescribed by rules made under this Act ; “Fd}" Stateflment of Obiects and Reason.x_:", P }’Aar{‘m"a'l) Governmmeang Cazette (Extraordinary), 19689, page 1869.
| T468 : THE PUNJAB GooD [Act 11 of 1962 CONDUCT PRISONERS (TEMPORARY RELEASE) (d) “prisoner” means a person confined in prison under a sentence of imprisonment ; (e) “Superintendent of Jail” means the Supe- rintendent of the Jail in which the prisoner is undergoing his sentence of imprisonment. Temporary 3. (D The State Government may, in consulta- एव ot tion with the District Magistrate and subject to such certain grounds. conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2) any prisoner if the State Government is satisfied that— (को a member of the prisoner’s family has died or is seriously ill ; or | (b) the marriage of the prisoner’s son or daughter is to be celebrated : or (o) the temporary release of the prisoner is ne- cessary for ploughing, sowing or harvesting or carrying on any other agricultural opera- tion on his land and no friend of the prison- er or a member of the prisoner’s family is prepared to help him in this behalf in his absence ; or ~ (d) it is desirable so to do for any other sufficient cause. (2) The period for which a prisoner may be releas- ed shall be determined by the State Government so as not to exceed— . (a) where the prisoner is to be released on the ground specified in clause (a) of sub-section (7), two weeks ; (b) where the prisoner is lto be released on the ground specified in clause (b) or clause (व) of sub-section (1), four weeks ; and (¢) where the prisoner is to be released on .the ground specified in clause (c) of sub-section (D), six weeks. , | |
Act 11 of 1962] THE PUNJAB GOOD 469 CONDUCT PRISONERS (TEMPORARY RELEASE) (3) The period of release under this section shall not count towards the tota] period of the sentence of a prisoner. (4) The State Government may by notification authorise any officer to exercise itg power under this section in respect of all or any of the grounds specified therein. 4. (1) The State Government or any other officer Temporary authorised by it in this behalf may, in consultation with release o the District Magistrate and subject to such conditions furlough. and in such manner as may be prescribed, release tem- porarily, on furlough, any prisoner who has been sen- tenced to a term of imprisonment of not less than five years, and who— : (@) has, immediately before the date of his tem- porary release, undergone imprisonment for a period of three years, excluding remissions; and (b) has not during such period committed any jail offence and has earned at least three an- nual good conduct remissions - Provided that nothing herein shall apply to a prisoner who— (1) is a habitual offender as defined in clause (3) of section 2 of the Punjab Habitual Offenders (Control and Reforms) Act, 1952, or (it) has been convicted of robbery or dacoity or such other offence as the State Gov- ernment may, by notification, specify. (2) The period of furlough for which a prisoner is eligible under sub-section (1) shall be three weeks dur- ing the first year of his release and two weeks during each successive year thereafter. (3) Subject to the provisions of clause (d) of sub-section (3) of section 8, the period of release refer- red to in sub-section (7) shall count towards the total period of the sentence of a prisoner.
470 THE PUNJAB GooD [Act 11 of 1962 CONDUCT PRISONERS (TEMPORARY RELEASE) cEertxcailunsiodnayOSf . 5. For the purpose of calculating the period of computing temporary release of a prisoner under secions 3 and 4, specertiioonds3unadnerd . the days of departure from and arrival at the prison shall be excluded. | Prisoners not . 6. Notwithstanding anything contained in sec- entitled fo be tions 3 and 4, no prisoner shall be entitled to be released tain cases. under this Act if, on the report of the District Magis- trate, the State Government or an officer authorised by it in this behalf is satisfied that his release is likely to endanger the security of the State or the maintenance of public order. | Journey ex- . 7. If, on the report of the District Magistrate, the pprsie“osneserf से State Government is satisfied that a prisoner’s family horne by State cannot bear the expenses of his journey from and to the - Government. prison after his temporary release under this Act, the expenses may be borne by the State Covernment to such extent and in such manner as may be prescribed. Liability of pri- 8. (7) On the expiry of the period for which a soner to sur- _ prisoner is released under this Act, he shall surrender piry of release himself to the Superintendent of the Jail from which period 204 £° he was released. overstaying. (2) If a prisoner does not surrender himself 85 के by sub-section (I) within a period of ten days from the date on which he should have so surrendered, he may be arrested by any police officer without a war- rant and shall be remanded to undergo the unexpired portion of his sentence. (3) If a prisoner surrenders himself to the Super- intendent of the Jail from which he was released with- in a period of ten days of the date on which he should have so surrendered, but fails to satisfy the Superinten- dent of the Jail that he was prevented by any sufficient cause from surrendering himself immediately on the expiry of the period for which he was released, all or any of the following penalities shall, after affording the prisoner a reasonable opportunity of being heard. be
Act 11 of 1962] THE PUNJAB GOOD - 471 CONDUCT PRISONERS (TEMPORARY RELEASE) awarded to him by the Superintendent of the Jail, namely— (¢) a maximum cut of five days’ remission for each day of overstay ; (b) stoppage of canteen concession for a maxi- mum period of one month ; (c) withholding concession of either interviews or letters or both for a maximum period of three months ; (d) the period of temporary release on furlough of the prisoner under section 4 shall not be counted towards his sentence ; ’ (e) warning ; (f) reduction from the status and grade of “Con- viet Watchman” or “Convict Overseer”. 9. Any prisoner who is liable to be arrested under penalty for sub-section (2) of section 8, shall be punishable with failure to sur- i i i ioti : der. imprisonment of either description which may extend render to two years or with fine or with both. Explanation.—The punishment in thig section is in addition to the punishment awar- ded to the prisoner for the offence for which he wag convicted. 10. (1) The State‘Government may by notifica- Power to make tion make rules for carrying out the purposes of this rules. Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may pro- vide for— (a) the execution by the prisoner (including his sureties) of bond for hig good behaviour dur- ing the release period and for his surrender on the expiry of such period : (b) the amount for which and the form and man- ner in which such bonds shall be furnished ;
ing. 1 472 THE PUNJAB Goop [Act 11 of 1962 CONDUCT PRISONERS (TEMPORARY RELEASE) (¢) the forfeityre of the amount of bonds in case of breach of any of its terms - है (d) the conditions on which and the manner पंच which prisoners may be released tempora- rily under this Act ; (e) the manner in which the District Magistrate shall be consulted before a prisoner is re- leased ; H t.he extent to which and the manner in which Journey expenses of poor prisoners shall be borne by the State Government. Repeal and say- 11. The Pepsu Good Conduct Prisoners (Tempo- ~ rary Release) Act, 1954 (Pepsu Act 11 of 1954), is here- by repealed : Provided that such repe‘ial shall not affect— (a) the previous operation of the Act so repealed or anything duly done or suffered there- under ; or (b) any right, privilege, obligation or liability acquired or incurred under the Act so re- pealed ; or (¢) any penalty, forfeiture or punishment in- curred in respect of any offence committed against the Aect so repealed ; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obliga- tion, liability, penalty, forfeiture or punish- ment as aforesaid : and any such investigation, legal proceeding or reme- dy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be impos- ed, as if this Act had not been passed : Provided further that anything done or any action taken under the Act so repealed shall be deemed to have been done or taken under the corresponding provision of this Act and shall continue to be in force accordingly un- less and until superseded bv anything done or any action taken under this Act.