Punjab act 011 of 1962 : The Good Conduct Prisoners (Temporary Release) Act 1962

Punjab Act No 11 of 1962 Good Conduct Prisoners (Temporary) Release

THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY)

RELEASE ACT 1962

Punjab Act No 11 of 1962

(Rec~ived the assent of the President of India ontthe 19th May 1962 and first published for feneral information in the Punjab Government Gazette(Extraordinary),Legislative Supplement .of the 19th June 1962

, ACT

To pr9vide for the temporary release of prisoners for good conduct on certain Conditions. .

Be it [enacted by the Legislature of the state of Punjab in the thirteenth year of the i

Republic ofIndia as follows:-

1. ! SHORT TITLE. EXTENT AND COMMENCEMENT

(l) ~hiS Act may be called the ~Unjab Good Conduct Prisoners (Temporary Release) Act, 1962.

(2)! It extends to the whole of the state of Punjab. i

(3); It shall come into force on such date as the State Goverrunent may, by notification in the official Gazette, appointed

2. , In this Act unless the context otherwise requires> father, mother, brother or sister of the prisoner.

(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) "Members of prisoner's family" means the husband, wife, son, daughter,

(d) "Prisoner" means a person confined in prison under a sentence of imprisonment;

(e) "Superintendent of Jail" means the Superintendent of the Jail in which the prisoner is undergoing his sentence of imprisonment.

3. (1) The State Government may, in consultation with the District Magistrate , and subject to such conditions and in such manner as may b~'pr~scribed, release temporarily for a period specified in sub- section (2) any prisoner if the state Government is satisfied that-

(a) a member of the prisoner's family has died or is seriously ill; or

(b) the marriage of prisoner's son or daughter is to be celebrated or;

(c) the temporary release of the prisoner is necessary for sloughing, sowing or harvesting or carrying on any other agricultural operation on his land and no friend of the prisoner or a member of prisoner's family is prepared to help him in this behalf in his absence; or

~-:£siL~ It is desirable so to do for any other sufficient cause. I (2) The p:riOd for whicha pri:~~:::; ~ :I~~s;d~h;iibe determined by I the State Government so as not to exceed:-

(3) The period ofrelease under this section shall not count towards the total

(a) where the prisoner is to be released on the ground specified in clause

(a) of sub-section (1), two weeks;

(b) where the prisoner isTo be relea7ed on the ground specified in clause

(b) or clause (d) of sub-section (1), four wee~s; and

period of the sentence of a prisoner.

it's power under this section in respect of all or any of the ground specified

(4) The State Government may by notification authorize any officer to exercise therein.

who has been sentenced to a term of imprisonment of not less than five years, and

4. (1) The State Government or any other officer authorized by it in this behalf may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily, on furlough, any prisoner who:-

(a) has immediately before the date of his temporary release, undergone imprisonment for a period o~ three years, excluding 'ff •

remissions; and .'

earned at least three annual good conduct remissions;

(b) has not during such period committed any jail offence and has

..•.

Provided that nothing herein shall apply to a prisoner who-

(i) is a habitual offender as defined in clause (3) of section 2 of the Punjab Habitual Offenders (Control and Reforms) Act, 1952, or

(ii) has been convicted of robbery or dacoity or such other offence /.3 q1 J....<, \1 nL as the State Government may, by notification, specify.

(2) The period of furlough for which a prisoner is eligible under sub- section (l) shall be three weeks during the first year of his release and two v:,.eeks during each successive year thereafter.

(3) Subject to the provisions of clause (d) of sub-section (3) of section 8, the period of release referred to in sub-section (I) shall count towards the total period of the sentence of a prisoner.

5. For the purpose of calculating the temporary release of a prisoner under section 3 and 4, the days of departure from and arrival at the prison shall be excluded.

6. Notwithstanding anything contained in section 3 and 4 , no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, 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.

7. If on the report of the District Magistrate, the State Government is satisfied that a prisoner's family cannot bear the expenses of his journey from and to the prison after his temporary release under this Act, the expenses may be borne by the State Government to such extent and in such manner as may be prescribed.

8. (l) On the expiry of the period for which a prisoner is released under this Act, he shall surrender himself to the Superintendent of the Jail from which he was released.

(2) If a prisoner does not surrender himself as required by sub-section (1) with in 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 warrant and shall be remanded to undergo the un-expired portion of his sentence.

'. ,}

(3) If a prisoner surrender himself to the Superintendent 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 Superintendent 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 penalties shall, after affording the prisoner a reasonable opportunity of being heard, be awarded to him by the Superintendent of the Jail, namely:-

(a) a maximum cut of five days' remission for each of overstay.

(b) Stoppage of canteen concessions for a maximum period of one month;

(d) the period of temporary release on furlough of the prisoner under section 4 shall not be counted toward his sentence.

(e) Warning;

(f) Reduction from the status and grade of "Convict Watchman" or

"Convict Overseer".

9. Any prisoner who is liable to be arrested under sub-section (2) of section 8, shall be punishable with imprisonment of either description which may extend to two years or with fine or with both.

Explanation - The punishment in this section is in addition to the punishment

10. (1) The State Government may by notification make rules for carrying out the awarded to the prisoner for the offence for which he was convicted. purposes of this Act,

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -

(a) the execution by the prisoner (including his sureties) of bond for his good behaviour during the release period and for his surrender on the expiry of such period.

(b) the amount for which and the form and manner in which such bonds shall be furnished;

'"Cc) the forfeiture of the amount of bonds in caseof breach of any of it's

terms;

(d) the conditions on which and the manner in which prisoners may be released temporarily under this Act;

(e) the manner in which the District Magistrate shall be consulted before a prisoner is released;

(f) the extent to which and the manner in which journey expenses of poor prisoners shall be borne by the State Government.

11. The Pepsu Good Conduct Prisoners (Temporary Release) Act, 1954 (Pepsu Act 11 of 1954), is hereby repealed:

Provided that such repeal shall not affect -

(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or

(b) any right, privilege, obligation or liability acquired or incurred under the Act so repealed; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid:

and any such investigation, legal proceeding or remedy may be instituted; continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not been passed:

~rovided 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 unless and until superseded by anything done or any action taken under this Act.

17986 L.R. - 1,500 - i /·9-62 & S Pb., Chandigarh

." '. -'

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)

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

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

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

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:

(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

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

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 12, 2020

(ASVN 20, 1942 SAKA)

Regd. No. NW/CH-22 Regd. No. CHD/009 / 18-2020

EXTRAORDINARY

Published by Authority

CHANDIGARH, MONDAY, OCTOBER 12, 2020

(ASVINA 20, 1942 SAKA)

( lxxxix )

LEGISLATIVE SUPPLEMENT

Contents Pages

Part - I Acts

The Punjab Good Conduct Prisoners (Temporary Release) Amendment Act, 2020

(Punjab Act No. 15 of 2020)

Part - II Ordinances

Nil

Part - III Delegated Legislation

Nil

Part - IV Correction Slips, Republications and Replacements

Nil ______ .. 123-124

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 12, 2020

(ASVN 20, 1942 SAKA)

PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 12th October, 2020

No.18-Leg./2020.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 30th day of September, 2020, is hereby published for general information:-

THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY

RELEASE) AMENDMENT ACT, 2020

(Punjab Act No. 15 of 2020)

ACT

further to amend the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962.

BE it enacted by the Legislature of the State of Punjab in the Seventy- first Year of the Republic of India, as follows:-

1. (1) This Act may be called the Punjab Good Conduct Prisoners (Temporary Release) Amendment Act, 2020.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962, in section 3, in sub-section (2-A), after the second proviso, the following proviso shall be added, namely:-

"Provided further that during disasters under the Disaster Management Act, 2005, or epidemics under the Epidemic Diseases Act, 1897, the State Government may, by a special notification published in the Official Gazette, allow temporary release beyond the maximum period of sixteen weeks during a calendar year, and may also waive the condition of temporary release being availed of on quarterly basis."

Short title and

commencement.

Amendment of

section 3 of

Punjab Act 11 of

1962.

123

PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 12, 2020

(ASVN 20, 1942 SAKA)

3. (1) The Punjab Good Conduct Prisoners (Temporary Release) Amendment Ordinance, 2020 (Punjab Ordinance No.1 of 2020) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have done or taken under the principal Act, as amended by this Act.

S.K. AGGARWAL,

Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 2124/10-2020/Pb. Govt. Press, S.A.S. Nagar

124

Repeal and saving.