fe PUNJAB GOVT. GAZ, (EXTRA), JANUARY 7, 2016 I AUS A br. iN57 OAINY PART |
GOVERNM ENT OF PUNJAB
NT OF LEGAL, AND LEGISLATIVE: AVPAIRS, |
NOTIFICATION
DEPARTEME
-UNJAB
The 7th January, 2016 No. 1-Leg./2016,- The following Act of the Legis! | | Punjab received the assent of the Governor of P 015, is hereby published for general in
ature of the State of
unjab on the [8th day of
formation :-
December, 2?
THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY
RELEASE) AMENDMENT ACT, 2015,
(Punjab Act No. 1 of 2016)
AN
ACT
further to amend the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.
Br it enacted by the Legislature of the State of Punjab in the Sixty-sixth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Good Conduct Prisoners Short title and (Temporary Release) Amendment Act, 2015. ae
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
Conduct Prisoners (Temporary Release) Act, Amendment of 2. Inthe Punjab Good 'ae Punjab Act I of
| 1962 (hereinafter referred to as the principal Act), in section 2,- 19@2.
(i) after clause (a), the following clause shall be inserted, namely:-
""(aa)"hardcore prisoner" means a person confined in pasan | ~*~ _ under a sentence of imprisonment, who has been convicted of- | (i) anoffence of rape with murder under section 376 read with section 302 of the Indian Penal Code, 1860;
(ii) anoffence punishable under section |4 of the Protection of Children from Sexual Offences Act, 2012;"; and
1
r e e y
PUNJAB GOVT, GAZ, (EXTRA), JANUARY 7, 2016 2
(PAUSA 17, 1937 SAKA)
(ii) for clause (5), the following clause shall be substituted, namely:-
" > ay ~ "a to ff 7 "(b) "member of'prisoner's family" means the husband, wife, son . 9
. y ap fy ay ye . aM At . y daughter, father, mother, brother, sister, grand-father, grand- mother, grand-son, grand-daughter, father-in-law, mother-in-
law, brother-in-law, sister-in-law, father's brother, father's sister, mother's brother or mother's sister of the prisoner;".
3. Inthe principal Act, in section 3,- Amendment of
. i . section 3 of
(i) insub-section (/),- Punjab Act II of ; 1962.
(A) for clause (a), the following clauses shall be substituted, ~ namely:-
"(a) amember of the prisoner's family has died; or (aa) husband or wife or son or daughter or father or mother or brother or sister or grand-father or grand-mother or grand- son or grand-daughter or father-in-law or mother-in-law of the prisoner is seriously ill; or";
(B) after clause (c), the following clause shall be inserted, namely:-
"(cc) a lady prisoner is pregnant and is likely to deliver a child; or"; and
(C) after clause (d), the following explanation shall be a dded,
namely:-
"Explanation.- The expression "sufficient cause"
includes-
(1) serious damage to life or property of the member of the family
caused by any natural calamity; or
(2) critical condition of any member of the family on account of
accident, or .
(3) delivery of child by the wife of the prisoner.";
(ii) for sub-section (2), the following sub-secti on shall be
substituted, namely:-
"(2) The period for which a prisoner may be released shall be
2
PUNJAB GOV'T. GAZ. (EXTRA), JANUARY | LOL 4 )
(PAUSA 17, 1937 SAKA)
» aE 1 » r . ' determined by the State Government so as not to exceed:
j
(a) Where the prisoner is (« the prisoner is to be released on the ground specified in clause (a) of sub-section (1), fifteen days; =
(6) V y at = vhere the prisoner ts to be released on the ground specified in clause (aa) or clause (b) or clause (c) or clause (d) of sub- section (1), six weeks; and
(c) _ where the prisoner is to be released on the ground specified in clause (cc) of sub-section (1), one hundred and twenty days (sixty days prior to the date of delivery of child and sixty days after the date of delivery of child).": and
(iii) for sub-section (2-A), the following sub-section shall be substituted, namely:-
"(2-A) The total period of temporary release of the prisoner, excluding the temporary release availed of on the death of a family member of the prisoner and the temporary release availed of by a female prisoner on account of delivery of child, shall not exceed twelve weeks during a calendar year and shall be availed of on quarterly basis: |
Provided that any prisoner who is on temporary release for a specified period and wants to surrender to jail before the expiry of his temporary release period, he shall be allowed to do so.".
t. after section 5, the following section shall be Insertion of new section 5-A in
inserted namely:- Punjab Act 11 of
4. Inthe principal Ac
. . ; i ' . 1962.
"5-4 Notwithstanding anything contained in sections 3 and 4,
Prisoner not (a) no-prisoner shall be entitled to be released under entitled to be this Act to whom the death sentence has been released in . ; 3 "
certain cases. awarded or is a hardcore, prisoner,
(b) Notwithstanding anything c ontained in clause (a), hardcore prisoner may be allowed to be released tesmiprieansy the
nd specified in clause (a) o r clause (b) of sub-section
(1)
However, extra conditions ma y be imposed on
of temporary release or furlough after
grou
of section (3).
the prisoner at the time e "
Z ircumstances of the case.".
ideri the facts
and c
considering all
3
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 7, 2016 A
(PAUSA 17, 1937 SAKA)
—_—
5, In the principal Act, for section 9, the following section shall be Substitution of substituted, namely:- section 9 in
Punjab Act 11 of
"9. Any prisoner who is liable to be arrested under sub-section !962. Penalty for (2) of section 8, shall be punishable with failure to : : to — .
surrender. imprisonment of either description which may extend to three months or with fine not exceeding one thousand rupees or with both and such offence shall be cognizable and non-bailable.".
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 924/01-2016/Pb. Govt. Press, S.A.S. Nagar
4