LexThe Haryana Good Conduct Prisoner (Temporary Release) Act, 2022, English Version
Haryana · state statute
Open in Lexace · Ask the AI about this act(xxi)
Haryana Government Gazette
EXTRAORDINARY
Published by Authority
© Govt. of Haryana
No. 66–2022/Ext.] CHANDIGARH, MONDAY, APRIL 11, 2022
(CHAITRA 21, 1944 SAKA )
LEGISLATIVE SUPPLEMENT
CONTENTS
PART - I ACTS PAGES
1. THE HARYANA GOOD CONDUCT PRISONERS (TEMPORARY
RELEASE) ACT, 2022.
(HARYANA ACT NO. 15 OF 2022).
85–98
2. gfj;k.kk jktdks"kh; mRrjnkf;Ro rFkk ctV çcU/ku ¼la’kks/ku½ vf/kfu;e] 2022
¼2022 dk gfj;k.kk vf/kfu;e la[;k 11½
¼dsoy fgUnh esa½A
99
PART - II ORDINANCES
NIL
PART - III DELEGATED LEGISLATION
1- vf/klwpuk la[;k dkåvkå 13@dsåvå 16 @1927@/kkå 29@2022]
fnukad 11 vizSy] 2022
& vuqlwph esa of.kZr Hkwfe dks lajf{kr ou ds :i esa ?kksf"kr djus ckjsA
81–95
2- vf/klwpuk la[;k dkåvkå 14@dsåvå 16 @1927@/kkå 30@2022]
fnukad 11 vizSy] 2022
& vuqlwph esa of.kZr dfri; ou rF kk catj Hkwfe ij ykxw gksus okys
fu;e cukus ckjsA
96–97
3- vf/klwpuk la[;k dkåvkå 15@dsåvå 16 @1927@/kkå 32@2022]
fnukad 11 vizSy] 2022
& vuqlwph esa of.kZr catj Hkwfe ij ykxw gksus okys fu;e cukus ckjsA
98–99
4- vf/klwpuk la[;k lkådkåfuå 21@lafoå@vuqå 309@2022] fnukad 11 vizSy] 2022
& gfj;k.kk flfoy lfpoky; ¼jkT; lsok xzqi&?k½ lsok ¼la'kks/ku½ fu;e] 2022-
¼dsoy fgUnh esa½A
100–101
PART - IV CORRECTION SLIPS, REPUBLICATIONS AND
REPLACEMENTS
NIL
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 85
PART - I
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 11th April, 2022
No. Leg. 15/2022.— The following Act of the Legislature of the State of Haryana received
the assent of the Governor of Haryana on the 31st March, 2022 and is hereby published for general
information:–
HARYANA ACT NO. 15 OF 2022
THE HARYANA GOOD CONDUCT PRISONERS (TEMPORARY RELEASE)
ACT, 2022
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 Haryana in the Seventy-third Year of the
Republic of India as follows:–
1. (1) This Act may be called the Haryana Good Conduct Prisoners (Temporary Release)
Act, 2022.
(2) It extends to the whol e of the State of Haryana.
(3) It shall be applicable to all such conv icted prisoners who have been confined by the
orders of Courts having jurisdiction in Haryana.
(4) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint in this behalf.
Short title, extent
application and
commencement.
2. (1) In this Act, unless the context otherwise requires,-
(a) “competent authority” mean s the competent authority as notified by the State
Government for the purposes of this Act;
(b) “convicted prisoner” means a person confined in a jail or other institution of
like nature under a sentence of imprisonment for life or imprisonment by any
Court in India or the Court-martial or any other authority exercising the
powers of a Criminal Court;
(c) “Deputy Commissioner of Police” mean s the Deputy Commissioner of Police
of the district within whose jurisdiction the convicted prisoner after his
temporary release under this Act is likely to reside during the period of his
temporary release;
(d) “District Magistrate” means the District Magistrate of the district within
whose jurisdiction the convicted prisoner after his temporary release under
this Act is likely to reside during the period of his temporary release;
(e) “Form” means form appended to this Act;
(f) “furlough” means temporary release fr om custody of a convicted prisoner as
an incentive on account of his good behaviour and conduct over a period of
time as specified under this Act. The period of furlough may count towards
the awarded sentence subject to the conditions as specified in this Act or rules
made thereunder;
(g) “hardcore convicted pris oner” means any prisoner-
(i) who has been convicted for any of the following offences:-
(1) robbery under section 392 or section 394 of the Indian Penal
Code, 1860 (Central Act 45 of 1860); or
(2) dacoity under section 395 or section 396 or section 397 of the
Indian Penal Code, 1860 (Central Act 45 of 1860); or
Definitions.
86 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
(3) kidnapping for ransom under section 364-A of theIndian Penal
Code, 1860 (Central Act 45 of 1860); or
(4) murder or attempt to murder for extortion under section 387 read
with section 302 or section 387 read with section 307 of the Indian
Penal Code, 1860 (Central Act 45 of 1860); or
(5) rape or penetrative sexual assault or aggravated penetrative sexual
assault or unnatural offence with murder under section 376 or
section 377 read with section 302 of the Indian Penal Code, 1860
(Central Act 45 of 1860); or
(6) rape or penetrative sexual assault or aggravated penetrative sexual
assault or unnatural offence with a child below sixteen years of
age; or
(7) gang rape or rape as covered under section 376-A or section 376-C
or section 376-D or section 376-E of the Indian Penal Code, 1860
(Central Act 45 of 1860); or
(8) serial killing i.e. murder under section 302 of the Indian Penal
Code, 1860 (Central Act 45 of 1860) in two or more cases in
different First Information Reports (FIRs); or
(9) murder under section 302 of th e Indian Penal Code, 1860 (Central
Act 45 of 1860), if the offender is involved in contract killing as
apparent from the facts mentioned in the judgment of the case; or
(10) lurking house trespass and convicted under section 458 or section
459 or section460 of theIndian Penal Code, 1860 (Central Act 45
of 1860); or
(11) offence under section 121 or section 121-A or section 122 or
section 123 orsection 124 or section 124-A of theIndian Penal
Code, 1860 (Central Act 45 of 1860); or
(12) immoral trafficking under sections 3, 4 or 5 of the Immoral Traffic
(Prevention) Act, 1956 (Central Act 104 of 1956) involving minors
or under sections 366-A, 366-B, 372 or section 373 of the Indian
Penal Code, 1860 (Central Act 45 of 1860); or
(13) offence under section 15(c) or section 17(c) or section 18(b) or
section 19 or section 20(c) or section 21(c) or section 22(c) or
section 23(c) or section 24 or section27-A of the Narcotic Drugs
and Psychotropic Substances Act, 1985 (Central Act 61 of 1985);
or
(14) escaping or helping to escap e from lawful custody and convicted
under section 224 or section 225 oftheIndian Penal Code, 1860
(Central Act 45 of 1860);
(ii) who during a period of five years immediately before his conviction has
earlier been convicted and sentenced for commission of one or more
offences mentioned in Chapter XII or XVII of the Indian Penal Code,
1860 (Central Act 45 of 1860), except the offences covered under clause
(i) above, committed on different occas ions not constituting part of the
same transaction and as a result of such conviction has undergone
imprisonment at least for a period of twelve months:
Provided that if a conviction which has been set-aside in appeal or
revision then any imprisonment undergone in connection therewith shall
not be taken into account for the above purpose; or
(iii) who has been sentenced to death penalty or imprisonment till natural
life; or
(iv) who has been found in possession or detected of using wireless
communication device or its components or any unauthorised electronic
device inside the jail premises; or
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 87
(v) who fails or failed to surrender himself within a period of ten days from
the date on which he should have so surrendered on the expiry of the
period of parole or furlough for which he was released; or
(vi) who commits a cognizable offence punishable with imprisonment for a
period of seven years or above during confinement in the jail or during
his temporary release under this Act; or
(vii) who has been punished more than two times with a major punishment by
the Superintendent Jail concerned for committing any jail offence or
convicted in judicial proceedings by the concerned Court; or
(viii) who has been detained or convicted under the National Security
Act, 1980 (Central Act 65 of 1980), the Terrorist and Disruptive
Activities (Prevention) Act, 1987 (Central Act 28 of 1987), the Official
Secrets Act, 1923 (Central Act 19 of 1923), theForeigners Act, 1946
(Central Act 31 of 1946) or any Act (Central or State) for control of
organised crime;
(h) “member of convicted prisoner’s family ” means the spouse, children, sibling,
parent, grand parent and grand children of convicted prisoner;
(i) “parole” means temporary release of a convicted prisoner from custody and is
categorized as under:-
(i) ‘custody parole’ means escorting of a convicted prisoner under armed
police custody to the place of visit (w ithin the territory of Republic of
India) and return therefrom for a sp ecific period and for specific reasons
as provided under this Act;
(ii) ‘emergency parole’ means parole granted to a convicted prisoner by the
Superintendent Jail when a member of the convicted prisoner’s family
has died or is in serious condition or the convicted prisoner himself is in
serious condition under section 5;
(iii) ‘regular parole’ means parole gran ted to a convicted prisoner by the
competent authority under section 3;
(j) “Superintendent of Poli ce” means the Superintendent of Police of the district
within whose jurisdiction the convicted prisoner after his temporary release
under this Act is likely to reside during the period of his temporary release;
(k) “sentence” means sentence of imprison ment finally delivered in appeal or
revision or otherwise and includes an aggregate of one or more sentence;
(l) “Superintendent Jail” means the officer-in-charge of jail or other institution of
like nature in which the convicted prisoner is confined;
(m) “State Government” means the Govern ment of the State of Haryana in the
administrative department;
(n) “temporary release” means temporary release of a convicted prisoner on
custody parole or emergency parole or regular parole or furlough.
(2) Words and expressions used herein but not defined shall have the same meaning as
assigned to them under the Prisons Act, 1894 (Cen tral Act 9 of 1894), rules made thereunder and
as contained in the Punjab Jail Manual.
3. (1) The competent authority shall grant regular parole to a convicted prisoner subject to
such conditions and procedure as specified under sections 11 and 12.
(2) The period for which a co nvicted prisoner may be releas ed under this section shall
be ten weeks in a calendar year cumulatively and the convicted prisoner may avail it in two parts:
Provided that in case of delivery of a female convicted prisoner, the period of
release under this section shall be six months, beginning from one month prior to the expected
date of delivery as certified by the Medical Officer of the jail.
(3) Convicted prisoner who has not completed one year of sentence after conviction
shall not be eligible for regular parole:
Temporary
release of
convicted
prisoner on
regular parole on
certain
conditions.
88 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
Provided that the restriction shall not be imposed on old aged convicted prisoner
ofseventy years or above in case of male and sixty-five years or above in case of female.
(4) The report of the Deputy Commissioner of Police orthe Superintendent of Police, as
the case may be and recommendations by the District Magistrate shall be submitted to the
competent authority within time limit as specified under this Act, for temporary release of a
convicted prisoner on regular parole.
(5) The period of release under this sec tion shall not count towards the actual sentence
of a prisoner. No ordinary remission shall be granted for this period.
Temporary
release of
convicted
prisoner on
furlough on
certain
conditions.
4. (1) The competent authority sh all grant furlough to a convicted prisoner subject to such
conditions and procedure as specified under sections 11 and 12.
(2) The period for which a convicted prisoner may be released under this section shall
be three weeks and this period shall not be availed in parts:
Provided that the convicted prisoner who has completed his three/fourth of the total
sentence in case of term sentence and ten years in case of life imprisonment, the period of release
under this section shall be four weeks and this period shall not be availed in parts.
(3) Convicted prisoner who has not comple ted three years sentence after conviction
shall not be eligible for furlough:
Provided that the convicted prisoner who has been punished for any jail offence or
for violation of conditions of temporary release during the last three years shall not be eligible for
furlough:
Provided further that the convicted prisoners sentenced under the Narcotic Drugs
and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) or sedition or rape with murder
or robbery or dacoity with murder or murder with intention of collecting ransom or extortion or
sexual offences against a child below twelve year s of age or sentenced to undergo imprisonment
till natural life shall not be eligible for furlough.
(4) The report of the Deputy Commissioner of Police or the Superintendent of Police, as
the case may be and recommendation by the District Magistrate shall be submitted to the
competent authority within time limit as specified under this Act, for temporary release of a
convicted prisoner on furlough.
(5) Subject to the provisions of clause (d) of sub-section (3) of section 9, the period of
release under this section shall count towards the actual sentence undergone by a prisoner.
Temporary
release of a
convicted
prisoner on
emergency
parole on certain
conditions.
5. (1) The competent authority shall grant emergency parole to a convicted prisoner
subject to such conditions and procedure as specified under sections 11 and 12. Emergency parole
shall be granted to a convicted prisoner any time irrespective of the period of sentence undergone
by him if a member of the convicted prisoner’s fa mily has died or is in serious condition or the
convicted prisoner himself is in serious condition.
(2) The competent authority shall verify the facts through in-charge of the police station
concerned or through a jail officer not below the rank of Assistant Superintendent Jail who shall
submit his report within twenty-four hours. The facts of the serious condition of the convicted
prisoner or his family member shall be certified by the Medical Officer concerned and
countersigned by the Civil Surgeon concerned.
(3) The period for which a convicted prisoner may be released under this section shall
be decided by the competent authority which sh all not exceed four week s in a calendar year
cumulatively and the period may be in parts.
(4) The period of release under this sec tion shall not count towards the actual sentence
of a prisoner. No ordinary remission shall be granted for this period.
Temporary
release of a
convicted
prisoner on
custody parole
and special
provisions for
hardcore
convicted
prisoners.
6. (1) The competent authority shall grant custody parole to a convicted prisoner subject to
such conditions and procedure as specified under sections 11 and 12.
(2) Notwithstanding anything contained in sections 3, 4 and 5, no hardcore
convicted prisoner shall be entitled to be released on emergency parole or regular parole or
furlough:
Provided that a hardcore convicted pr isoner may be granted custody parole for
attending funeral of his family members or marriage of his children or siblings.
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 89
(3) Notwithstanding anything contained in sub-section (1), a hardcore convicted
prisoner, who has not been awarded death pena lty or life imprisonment till natural life and has
completed five years of his sentence (including maximum two years under trial period), without
committing any major jail offence or any cognizable offence during the last five years, shall be
entitled for emergency parole or regular parole or furlough at par with convicted prisoners. Such
period of five years shall be counted from the date of his latest offence or act which falls under the
category of hardcore convicted prisoner:
Provided that a hardcore convicted prisoner who has been sentenced for imprisonment till
natural life shallbe eligible for emergency parole orregular parole at par with convicted prisoners
only after completion of seven years of imprisonment after conviction:
Provided further that if the hardcore convicted prisoner so released temporarily violates
any condition of parole or furlough or commits any cognizable offence, he shall be debarred from
such release for next three years.
(4) Convicted prisoner including hardcore convicted prisoner may be granted custody
parole without taking into account his period of completion of sentence for attending funeral of
his family member or marriage of his children or siblings.
(5) The competent authority shall verify the facts for granting custody parole through
in-charge of the police station where the prisoner wants to avail the custody parole or through a
jail officer not below the rank of Assistant Superintendent Jail.
(6) Custody parole shall not be granted for more than six hours for one event excluding
the journey time and the police escort guard for the custody parole shall be provided by the
Superintendent of Police or the Deputy Commissioner of Police of the district within whose
jurisdiction the jail is situated. The period of custody parole shall be treated as period spent in jail.
7. For the purpose of calculating the period of te mporary release of a pr isoner under sections
3, 4 and 5, the dates of departure from and arrival at the jail shall be excluded.
Exclusion of
certain days in
computing period
under sections 3,
4 and 5.
8. Notwithstanding anything contained in this Act, no convicted prisoner shall be entitled to
be released under this Act if, on the report of th e District Magistrate or the Deputy Commissioner
of Police or the Superintendent of Police or otherwise, the State Government or the competent
authority is satisfied that his release is likely to endanger the security of the State or the
maintenance of public order or cause reasonable apprehension of breach of peace.
Prisoner not
entitled to be
released in
certain cases.
9. (1) On the expiry of the period for which a convicted prisoner is released under this
Act, he shall surrender before 05:00 PM on the day of surrender at jail from which he was
temporarily released. Surrender from temporary rel ease in an intoxicating st ate shall be treated as
jail offence.
(2) If a convicted prisoner does not surrender himself as required by sub- section (1)
within a period of ten days from the date on which he should have surrendered, it shall amount to
an offence and he shall be arrested by any Po lice Officer or Jail Officer without a warrant and
shall be handed over to the officer-in-charge of the jail from which he was released to undergo the
unexpired portion of his sentence.
(3) If a convicted prisoner surrenders himself before the Superintendent Jail from
which he was released within a period of ten days of the date on which he shouldhave surrendered
but fails to satisfy the Superintendent Jail that he was prevented by any sufficient cause from
surrendering himself immediately on the expiry of the period for which he was released, the
Superintendent Jail may award to the prisoner all or any of the following penalties after affording
the prisoner a reasonable opportunity of being heard, namely:-
(a) a maximum cut of five days remission for each day of overstay;
(b) stoppage of canteen concession for a maximum period of one month;
(c) withholding concession of interviews (including electronic interviews) for a
maximum period of three months;
(d) not to count the period of temporary release on furlough of the prisoner under
section 4 towards his sentence;
Liability of
convicted
prisoner to
surrender on
expiry of
temporary release
period and
consequences of
overstaying.
90 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
(e) warning;
(f) reduction from higher to a lower class or grade.
Penalty for
failure to
surrender.
10. (1) Any convicted prisoner guilty of an of fence under sub-section (2) of section 9
shall be punishable with imprisonment of either description which shall not be less than two years
which may extend to three years and with fine upto one lakh rupees.
Explanation.— For the purposes of this section, the punishment awarded under this
section shall be in addition to the punishment(s) awarded to the
prisoner for the offence for which he was convicted earlier and shall
start after execution of all such previous punishment(s) and the period
spent during the trial of the offence committed under this Act shall not
be set off against the punishment awarded under this Act except for the
period which the prisoner spent excl usively for the offence committed
under this Act.
(2) An offence punishable under sub-sectio n (1) shall be deemed to be cognizable
and non-bailable.
(3) The sureties of full amount shall be forfeited by the District Magistrate on the
recommendation of the Superintendent Jail.
(4) Such convicted prisoner shall also be liable for any of the punishment as
specified under sub-section (3) of section 9.
General
provisions.
11. (1) A convicted prisoner shall be entitled for consideration for a regular parole or
furlough or emergency parole or custody parole under this Act only, if he is on bail in all the cases
which are pending against him before any Court or competent authority.
(2) (a) The parole or furlough cases of convicted prisoners who are convicted by the
Courts having jurisdiction outside the State of Haryana and who are
undergoing imprisonment in a jail of Haryana on reciprocal basis or otherwise,
shall be initiated by the Superintendent Jail and forwarded to the competent
authority of that State where from he was convicted, for consideration or
sanction or disposal as per the parole or furlough Act or rules of that State.
(b) The parole or furlough cases of convicted prisoners who are convicted by the
Courts having jurisdiction in the State of Haryana and who are undergoing
imprisonment in a jail in other States on reciprocal basis or otherwise, shall be
initiated by the Superintendent Jail concerned and shall be forwarded to the
competent authority in th e State of Haryana wheref rom he was convicted, for
consideration/sanction/disposal as per the provisions of this Act.
(c) In case of a convicted prisoner of the State of Haryana who is also a convict of
the State(s) other than Haryana and is confined in a jail of Haryana or other
State, his parole or furlough case shall be decided by the competent authority
of the State where from he has been convicted and sentenced for more serious
crime. If, the prisoner is convicted for the same offence in different State(s),
his parole or furlough case shall be d ecided by the competent authority where
from he is convicted first. In such cases, the consent or no objection certificate
of all other State(s) shall also be obtained:
Provided that if objection is not r eceived within one month, it shall be
presumed that the State(s) has no objection for grant of parole or furlough.
(d) A convicted prisoner who is resident of a State other than Haryana but is a
convicted prisoner of the State of Haryan a, parole or furl ough case of such
convicted prisoner shall be initiated by the Superintendent Jail and forwarded
for sanction to the competent authority w ith a copy to the District Magistrate,
Deputy Commissioner of Police or S uperintendent of Police, where the
prisoner wants to avail parole or furlough, for sending his report or
recommendation to the competent authority within the specified time limit.
(e) In case of convicted prisoner who is sentenced by a General Court-martial, the
parole or furlough shall be granted by the Army authorities as per the
provisions of clause (d) of section 179 of the Army Act, 1950 (Central Act 46
of 1950):
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 91
Provided that the custody parole may be granted to such convicted
prisoner by the Superintendent Jail.
(3) Any convicted prisoner who has been awarded a minor punishment for any jail
offence, shall not be eligible for any kind of parole for six months from the date of such offence;
and a convicted prisoner who has been awarded a major punishment for any jail offence or has
violated the conditions of temporary release, he shall not be eligible for any kind of parole for one
year from the date of such offence:
Provided that such convicted prisoner may be sent on custody parole to attend
funeral of his family members.
(4) Subsequent parole or furlough case of a convicted prisoner shall be initiated only
after receipt of report of in-cha rge of police station concerned through the Supe rintendent of
Police or the Deputy Commissioner of Police regarding his conduct during the temporary release
or after one month of his surrender in the jail after availing last sanctioned parole or furlough,
whichever is earlier:
Provided that the emergency parole shall be granted to the convicted prisoner
anytime irrespective of the fact that his other parole or furlough case is still under consideration.
(5) No parole or furlough shall be extended in any case.
(6) Ordinarily, co-accused co nvicted prisoners shall not be granted regular parole or
furlough simultaneously.
(7) The validity period of emergency parole warrant shall be for fifteen days from the
date of issuance of the order.
(8) The validity period of a regular parole or a furlough warrant shall be for four
months from the date of issuance of the order. The specific date of release or surrender shall not
be fixed in the release warrant.
(9) The criminal case under sub-section (2) of section 9 shall be registered at the police
station where the temporary release period is being spent or address given in the application by
the eligible convicted prisoner. In case of the address being outside the State of Haryana, the
criminal case shall be registered at the police station under whose jurisdiction the jail is situated.
(10) In case of rejection of regular paro le or furlough by th e competent authority,
another application for the same purpose shall not be considered before a period of three months
from the date of rejection.
(11) Before any convicted prisoner is releas ed on parole or furlou gh, he shall execute a
bond amounting to minimum one lakh rupees extendable to three lakh rupees alongwith minimum
two sureties to the satisfaction of the competent authority. The bond shall be conditioned that the
convicted prisoner or the hardcore convicted pris oner, as the case may be, shall surrender before
the Jail Superintendent before the expiry of furlough or parole period:
Provided that in case of hardcore convi cted prisoner, a bond shall be executed
amounting to minimum two lakh rupees extendable to five lakh rupees alongwith minimum two
sureties to the satisfaction of the competent authority:
Provided further that the surety amount shall not be more than one lakh rupees and
three lakh rupees respectively for those convicted prisoners and hardcore convicted prisoners who
have peacefully availed two regular parole and one furlough:
Provided further that the competent authority may call for more than two sureties to
a maximum limit of five by recording reasons in writing.
(12) The competent authority while accepti ng the bond under sub-section (11), may
impose such conditions, as it may deem fit. The fitness or sufficiency of the sureties shall be
determined by the competent authority.
12. (1) An application for grant of parole or furlough may be submitted by the convicted
prisoner himself or his adult family member before the Superintendent Jail as per
Form A.
(2) On receipt of an application from a co nvicted prisoner regarding custody parole or
emergency parole, the Superintendent Jail shall immediately send a request to the in-charge of the
police station concerned under intimation to the District Magistrate or the Deputy Commissioner
of Police or the Superintendent of Police to depute a jail officer not below the rank of Assistant
Procedure for
parole or
furlough.
92 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
Superintendent to verify the facts about the custody parole or emergency parole, as the case may
be and shall satisfy himself that the reason given in the application is genuine and is according to
the provisions of this Act.
(3) On receipt of an app lication from a convicted pris oner for regular parole or
furlough, the Superintendent Jail shall send the case of eligible convicted prisoner to the District
Magistrate alongwith a copy to the Deputy Commissioner of Police or the Superintendent of
Police, in-charge of the police station concerned and competent authority to grant regular parole or
furlough. In case, the convicted prisoner is not fo und eligible for the regular parole or furlough,
the Superintendent Jail shall pass speaking order.
(4) The Deputy Commissioner of Police or the Superintendent of Police shall submit his
report within the specified time limit to the District Magistrate.
(5) Only one police verification shall be n ecessary in a calendar year in case of those
convicted prisoners who have peacefully availed two regular paroles or one furlough. However,
the competent authority may seek fresh report at its discretion.
(6) The District Magistrate shall submit his recommendation or non- recommendation
within the time limit as specified in sub-section (11) to the competent authority.
(7) After receipt of recommendation or report from the quarter concerned, the
competent authority shall take a d ecision and issue regular parole or a furlough release warrant as
per Form B and in case of rejection of regular parole or furlough, speaking order shall be passed.
The sanction or rejection, as the case may be, shall be sent to the District Magistrate concerned
and the Superintendent Jail with a copy to the Deputy Commissioner of Police or the
Superintendent of Police and the convicted prisoner concerned.
(8) On receipt of the parole or furlough release warrant from th e competent authority,
the Superintendent Jail shall inform the prisoner concerned and such member of the prisoner’s
family as the prisoner may specify in that beha lf for making arrangement for the execution of the
personal bond and surety bond as per Form C and D respectively for securing the release:
Provided that on the written request of the convicted prisoner, the Superintendent
Jail may postpone his release for a period of five days from the date of receipt of release order.
(9) Before releasing the convicted prisoner on parole or furlough, the conditions
shall be read over to and explained to him and he shall be clearly informed of the date of his
surrender.Thereafter, his thumb impression and signatures shall be obtained on his release order
and information regarding such release shall be sent to the authorities concerned as per Form E.
(10) The in-charge of police station concerned shall keep a watch on the conduct and
activities of the convicted prisoner during the tempor ary release and submit a report in this regard
to the Superintendent Jail through the Deputy Commissioner of Police or the Superintendent of
Police as early as possible, but not later than one month.
(11) The process of deciding the application for a regular parole or furlough shall be
completed by the different authorities expeditiously. The maximum time for processing an
application for a regular parole or furlough by the different authorities shall be as under:-
Superintendent Jail one week
Deputy Commissioner of Police or Superintendent of Police two weeks
District Magistrate two weeks
Competent Authority two weeks
Provided that if the recommendation or report is not received in the stipulated
time period, the competent authority may presum e that there is nothing adverse against the
prisoner and may decide the application accordingly.
Power to make
rules.
13. (1) The State Government may, by notification, make rules for carrying out the
purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after it is made,
before the House of the State Legislature, while it is in session.
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 93
14. The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), 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
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed
against 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:
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
provisions 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.
Repeal and
savings.
94 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
FORM A
[see section 12(1)]
(Application to be filled by a convicted prisoner or an adult member of his family for Parole/Furlough)
1. Number and Name of the prisoner :
2. Father’s Name :
3. Caste :
4. Complete Residential Address :
5. Reasons for release : Emergency Parole/Regular Parole/Furlough/Custody Parole
(Signature or thumb impression
of the Applicant)
DECLARATION BY THE ELIGIBLE CONVICTED PRISONER
I hereby declare that I request to be released tempor arily (Emergency Parole/Regular Parole/Furlough/Custody
Parole) under section 3 or 4 or 5 or 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, and on
being so released shall faithfully comply with the conditions of my release.
(Signature or thumb impression
of the Applicant)
(To be filled by the Superintendent Jail)
Casual/ Hardcore
1. Number, Name and Age of the Prisoner :
2. FIR detail :
3. Full conviction detail alongwith fine :
4. Detail of period actually spent in jail : Year Months Days
up to the date of application (from ______ to ________ )
5. Remission Earned : Year Months Days
6. Unexpired Sentence : Year Months Days
7. Details of other conviction cases, if any :
8. Details of pending cases, if any :
9. Physical and mental condition of the Prisoner :
10. Conduct in jail :
(Details of jail offences to be enclosed, if any)
11. (i) Date when temporary release was last granted :
(ii) Date when temporary release was last rejected :
12. Whether the Prisoner is eligible for release as per :
provisions of the Act
13. Recommendations of Superintendent Jail :
14. Any additional remarks :
Entries checked with warrant
Dated Superintendent Jail
_____ Jail, ______.
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 95
FORM B
[see section 12(7)]
Warrant for the temporary release of prisoners
Whereas prisoner (Number, Name, Father’s Name and Ad dress) at present confined in ____ Jail, ____ under
warrant dated ____ (date of conviction) of _____(name of sentencing court) has applied for his temporary release
under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022;
And whereas the releasing authority is satisfied that the applicant is entitled to be released under the Act;
Now, therefore, Releasing Authority hereby authorise the temporary release of the said prisoner from custody
on emergency parole/regular parole/furlough for a period of _______ (period of release) subject to the conditions
specified below:–
(1) The prisoner shall during the period of his temporary release reside at ______ (complete address). He
shall not without obtaining the prior perm ission of the District Magistrate vis it any place not specified in the release
warrant during the said period.
(2) At the time of his release on emergency parole/regular parole/furlough, the prisoner shall give to the
District Magistrate _______ full particulars of the place where he intends to reside during the period of his temporary
release and shall keep the District Magi strate informed of any subsequent changes of his residence during the said
period.
(3) The prisoner shall during the period of tem porary release keep peace and maintain good behavior.
(4) After the expiry of the said period of _____ (period of release) for which the prisoner has been
temporary released on emergency parole/regular parole/furlough, the said prisoner shall surrender himself to the
Superintendent Jail from which he is so released to undergo the unexpired period if his sentence.
(5) The prisoner shall before his release on emergency parole/regular parole/furlough furnish to the
satisfaction of the District Magistrate, _______, a personal bond and _____ (number of sureties) in the sum of
Rs. __________________ (Rupees______________) (in words) each for faithful observance of the conditions
specified in the release warrant.
(6) When the surety furnished becomes insolvent or dies, the State Government may order the prisoner to
furnish fresh surety immediately and if such surety is not furnished, the State Government may proceed as if there had
been a non-compliance of the conditions of this order.
(7) In addition to the action under sub-sections (2) an d (3) of section 9 and section 10 of this Act, the
amount of bond shall stand forfeited to the State Government in case any condition of the bond is not fulfilled.
Given under my hand this ________ day of _______________
SEAL Signature of the Releasing Authority
Endst. No. Dated
A copy is forwarded to :-
(1) The Superintendent Jail, ______________ _ Jail _____________ for necessary action.
(2) The District Magistrate,____________ ___ for execution and necessary action.
(3) The Superintendent of Police, _____ with the direction to keep a close watch on the activities of the said
prisoner during the temporary release.
Signature of the Releasing Authority
I _________________________ son of ____________________ hereby acknowledge receipt of the above
warrant and understand the conditions specified in the above warrant of release and I accept them.
Signature and thumb impression of the Prisoner.
96 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
FORM C
[see section 12(8)]
Personal Bond of the Prisoner
In the Court of the District Magistrate, _____________________________________________
This bond is made on the _______________________ by __________________________
(Number, Name, Father’s Name and Address of the Prisoner).
Whereas the Releasing Authority is pleased to order my re lease on emergency parole/regular parole/furlough for a
period of _____________ (period of release) under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners
(Temporary Release) Act, 2022, on conditions of my furnishing a personal bond and a surety bond, each for a sum of
Rs.__________________ to observe the condition specified below.
Now, therefore, I do hereby bind myself to faithfully obse rve all the conditions mentioned here below and in case of
my making default in observing any of them, I bind myself to forfeit the State Government the sum of
Rs.___________________ .
(1) I shall during the period of my temporary release reside at _________________________________
(complete address) and shall not without obtaining the permission of the District Magistrate, ______________, visit
any place not specified in the release warrant.
(2) I shall during the period of my temporary release keep peace and maintain good behavior.
(3) After the expiry of the period of _______________________ (period of release) for which I have been
temporarily released, I shall surrender myself to the Superintendent Jail, _____________ Jail, ___________________
to undergo the unexpired period of my sentence.
(4) In case my sureties becomes insolvent or dies, I shall furnish fresh security immediately.
Signature and thumb impression of the Prisoner
Accepted for and on behalf of the
Releasing Authority.
HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA) 97
FORM D
[see section 12(8)]
Surety Bond
In the Court of the District Magistrate, ______________
This Bond is made on the __________________________ by __________________________________
(1st surety) and _______________________________ (2nd Surety) (hereinafter collectively referred to as the
“Sureties”). (Number of sureties as decided by the releasing authority);
Whereas the releasing authority is pleased to order the release of ________(Numb er, Name, Father’s Name
and address of the prisoner) (hereinafter referred to as the “prisoner”) on emergency parole/regular parole/furlough
for a period of ________ Weeks) under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners (Temporary
Release) Act, 2022, on the condition of the prisoner furnishing a bond as well as a surety bond each for the sum of
Rs. ____________________ to observe the conditions on which the prisoner has been temporarily released;
And whereas the prisoner has on _________ (date of execution of personal bond of the prisoner) executed a
personal bond for the sum of Rs.____________________ to observe the conditions specified therein.
Now, therefore, the sureties jointly and severally do hereby bind themselves to forfeit to State Government
the sum of Rs. __________________ in case the prisoner makes a default in observing any of the conditions specified
in the warrant for temporary release.
Signature of the First Surety.
Signature of the Second Surety.
Accepted for and on
behalf of the Releasing Authority
98 HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)
FORM E
[see section 12(9)]
Certificate of conditional release
In exercise of the powers conferred by section 3/4/5 of the Haryana Good Conduct Prisoners (Temporary
Release) Act, 2022, the Releasing Authority, subject to co nditions hereinafter setforth, hereby directs the release of
prisoner ______ (Number, Name, Father’s Name and Address of the prisoner), at present confined in _____, Jail,
________, for _______ (period of release) in pursuance of warrant, dated _______ (date of warrant of Releasing
Authority). He has been permitted to visit the below noted places following the specified route:-
Proceed from _________ Jail,_____, to __________ (full address)
Return from ______ (full address) to ______ Jail,________
Conditions to be observed by the released prisoner:-
1. The prisoner shall proceed forthwith to __________ (full address).
2. He shall report back to _______Jail, _____ on _________ (date and time of surrender).
3. He shall not proceed to any place other th an those he has been authorised to visit.
4. He shall keep peace and maintain good behavi or during the period of his temporary release.
5. If in the opinion of Releasing Authority, he is found to have committed a breach of any of these conditions, it
may cancel his release warrant and direct his re-admission to the jail.
It is certified that the conditions specified in the abov e said temporary release warrant have been read over to
the prisoner, he understands and acknowledge them and admi t that he is being temporarily released on the above
mentioned conditions .
I received directions to be present at Jail, ______ on ______(date of surrender).
Thumb impression of the Prisoner
I believe that the prisonerExcerpt shown. Open the full act in Lexace.