The GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE ACT, 1938

ASSAM ACT II OF 1938 
THE GOOD CO)J'DUCT PRISO~ERS' 
PROBATIONAL RELEASE ACT, 1938 
(Passed by the Assam Legislature] 
(Received the assent of the Governor on the 12th 
Septeunber 1938] 
(Published in the Assam Ca;;ette of the 21st Sept,.mber 1938] 
An .let to firovide for the release if good conduct prison· 
er.r, ot1 conditions imposer! b;t the Provincial 
Government. 
Preamble. WHI'.REAS it is expedient to provide for the 
conditional release from prison of good conduct 
p1 isoncrs in certain cases before the completion of 
the term of imprisonment to which they have 
brrn sentenced, it is hereby enacted as 
follows:-
Shon ciclc:, I. (1) This Act may be called the Good Con· 
c.-:-<cent and duct Ptisoners' Probational Re1ease Act, 1938. 
commence· 
men c. 
(2) It extends to the whole of Assam. 
(3) It shall come into force on such date as the 
Provincial Government may, by publ ication in 
the Assam Gru:tllt, speci(y in this behalf. 
Power or 2. Notwithstanding anything contained in 
Cove"roment section 40 l of the Code of Criminal Procedure, 
t~ relen~c by 1898, where a person is confined in prison under v of 1898. 
hcen~c on a sentence of imprisonment, and it appears to the 
condttion& J> • • 1 C r: hi d imposed by rovmc1a ovemmcnt trom s autece ents or 
it, his conduct in the prison that he is likely to 
abstain from crime and lead a useful and indus · 
triou~ life, if he is released from prison, the 
J>rovincinl Government may by license permit 
him to be released on condition (n) that he be 
placed under the supervision or authority of a 
servant of the Crown or a secular instituticon or 
of a person, or society professing the same religion 
as the prisoner, named in the license and willing 
to take charge of him, and (b) that he gives an 
undertaking in writing to conform to the terms 
of his license . 
• [Price 4 annas or Sd.] 
• 
• 
2 
E-cpfnnntion.- The expression '':.entence of 
imprisonment'' in this section shaU, in ca~e of 
persons under 21 years of age, include impri~on­
ment in default of payment of fine and imprison­
ment for failure to furnish security under Chap-
ter \'Ill of the Code of Criminal ProceduJ·c, Vor l89'l., 
1898. 
Period fur 3. A license granted under the prov1S1ons of 
which liYn· section 2 shall be in force until the date on which 
f ia to be in the person released would, in the execution of the 
orce. order or warrant authoriZing his imprisonment, 
have been discharged from prison had he not 
been released on license, or until the license is 
revoked, whichever is sooner. 
Period or 4. The period during which a Person is absent 
rciCAUc to from prison under the provisions of tbis Act on a 
be. rcck~ncd license which is in force shall be reckoned as a 
&$ •mpnson· f h 'od f · · 1 · I I rncnt ror part o t e pen o nnpnsonment to w uc 1 1e 
corupuciog was sentenced, for the purpose of computing 
prriod of the penod of his sentence. 
acnccocc 
acn.cd. 
Forrn 
licc:oac:. 
PowC'r 
revoke 
lictnse. 
r~planalion.-Any period of remtSSlOO earned 
under existing rules while undergoing imprison­
ment shall be added to the period actually served 
in jail when computing the total period of the 
prisoner's sentence . 
or 5. A license granted under the pro\ isions of 
secLion 2 shall be in such form and shaU conWtn 
such condit ions as tl-te Provincial Coveramcnt 
may by rules, or, in special cases, orders, made 
in this behalf djrcct. 
to 6. (1) The Provincia l Government may at any 
time revoke a license granted under the provi­
sions of section 2. 
(2) An order of revocation passed under the 
provi~ions of sub-section (1} shall specifr the date 
with effect from which the hceose shall cease to 
be in force, and shall be sen·ed in such manner 
as the Provincial Go,·ernment may by mle pres· 
cribe, upon the person whose license has been 
revoked. • 
, 
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-, 
_L 
(3) Notwithstanding anything contained in 
section 4 of this Act, a released prisoner, whose 
license is revoked for failure to comply 
with the terms of his license shall be re-committed 
to prison and shall serve the unexpired term of 
the original sentence, and in case of such revxa · 
tion he will not be granted any remission for the 
time during wluch he was out of prison on 
probation. 
Power to 7. The Provincial Government may make rules 
make ru!ea. consistent with this Act-
(1) for the form and conditions of licenses 
on which prisoners may be released ; 
(2) 
(3) 
for defining the powers and duties of 
servants of the Crown, societies or 
persons, under whose authority or 
supervision conditionally released 
prisoners may be kept ; 
for defining the classes of offenders who 
may be conditionally released and the 
periods of imprisonment after which 
they may be so released ; 
(ol) generally for carrying into effect all the 
purposes of this Act. 
A.G.P. (Leg.) No.65/50-10G-28·7-19Sl. 
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