The Himachal Pradesh Good Conduct Prisoners' Probational Release Act, 1968

THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS' 
PROBATIONAL RELEASE ACT, 1968 
ARRANGEMENT OF SECTIONS 
Sections: 
1. Short title, extent and commencement. 
2. Definitions. 
3. Power of Government to release by licence on con ditions 
imposed by it. 
4. Period for which licence is to be in force. 
5. Period of release to be reckoned as imprisonment  for computing 
period of sentence served. 
6. Form of licence. 
7. Power to revoke licence. 
8. Released absconders who escape from supervision to be 
punishable. 
9. Power to make rules. 
10. Repeal and savings. 
_____________ 
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS' 
PROBATIONAL RELEASE ACT, 1968 
(ACT NO. 22 OF 1968) 
1 
(Received the assent of the President on the 12 th  December, 1968 and 
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated 6 th  
March, 1969, pp. 183-186). 
An Act to provide for the release of good conduct p risoners on conditions 
imposed by the Government. 
B
E it enacted by the Legislative Assembly of Himachal Pradesh in the 
Nineteenth Year of the Republic of India as follows:- 
1. Short title, extent and commencement. - (1) This Act may be 
called the Himachal Pradesh Good Conduct Prisoners'  Probational Release 
Act, 1968. 
(2)  It extends to the whole of Himachal Pradesh. 
(3) It shall come into force at once. 
 
                                                 
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated 21 st  August, 1968, p. 879.  
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE 
ACT, 1968 
2 
2.  Definitions.- In this Act, unless the context otherwise requires:- 
(a) "Government" means the Government of Himachal Pradesh; 
and 
(b) "Notification" means notification published under  proper 
authority in the Rajpatra, Himachal Pradesh. 
3. Power of Government to release by licence on con ditions 
imposed by it .- Notwithstanding anything contained in section 40 1 of the 
Code of Criminal Procedure, 1898 (5 of 1898), where  a person is confined in 
prison under a sentence of imprisonment, and it app ears to the Government 
from his antecedents or his conduct in the prison t hat he is likely to abstain 
from crime and lead useful and industrious life, if  he is released from prison, 
the Government may, by licence, permit him to be re leased on condition that 
he be placed under the supervision or authority of a Government Officer or a 
secular institution or of a person or society professing the same religion as the 
prisoner, named in the licence and willing to take charge of him. 
Explanation .- The expression "sentence of imprisonment" in this 
section shall include imprisonment in default of pa yment of fine and 
imprisonment for failure to furnish security under Chapter VIII of the Code of 
Criminal Procedure, 1898 (5 of 1898). 
4. Period for which licence is to be in force. - A licence granted 
under the provisions of section 3 shall be in force  until the date on which the 
person released would, in the execution of the order or warrant authorising his 
imprisonment, have been discharged from prison had he not been released on 
licence, or until the licence is revoked, whichever is sooner. 
5. Period of release to be reckoned as imprisonment  for 
computing period of sentence served. - The period during which a person is 
absent from prison under the provisions of this Act  on a licence which is in 
force shall be reckoned as a part of the period of imprisonment to which he 
was sentenced, for the purpose of computing the per iod of his sentence and 
for the purpose of computing the amount of remissio n of his sentence which 
might be awarded to him under any rules in force relating to such remission. 
6. Form of licence. - A licence granted under the provisions of section 
3 shall be in such form and shall contain such cond itions as the Government 
may, by general or special order or by rules made in this behalf, direct. 
7. Power to revoke licence. - (1) The Government may, at any time, 
revoke a licence granted under the provisions of section 3. 
(2) An order of revocation passed under the provisi on of sub-section 
(1) shall specify the date with effect from which t he licence shall cease to be 
in force and shall be served, in such manner as the  Government may, by rule, 
prescribe, upon the person whose licence has been revoked. 
(3) A Government Officer under whose authority or s upervision the 
prisoner was released under section 3 of the Act, m ay order his arrest and 
detention, until the order of revocation of a licen ce is passed, in such place 
and subject to such conditions as may be prescribed by the Government. 
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE 
ACT, 1968 
3 
8. Released absconders who escape from supervision to be 
punishable. - (1) If any person escapes from the supervision of  authority of a 
Government Officer or secular institution or a soci ety or person in whose 
charge he has been placed under the provisions of s ection 3, or if any person 
whose licence has been revoked under the provisions  of section 7, fails, 
without lawful excuse, the burden of proving which shall be upon him, to 
return to the prison from which he was released, on  or before the date 
specified in the order of revocation, such person s hall, on conviction by a 
magistrate, be punishable with imprisonment for a t erm which may extend to 
two years, or with fine, or with both. 
(2) An offence punishable under the provisions of s ub-section (1) 
shall be deemed to be a cognizable offence within the meaning of clause (f)  of 
sub-section (1) of section 4 of the Code of Crimina l Procedure, 1898 (5 of 
1898). 
9. Power to make rules. - (1) The Government may, by notification, 
make rules consistent with this Act,- 
(a)  for the form and conditions of licence on which pr isoners 
may be released; 
(b)  for defining the powers and duties of Government o fficers, 
societies  or persons, under whose authority or sup ervision 
conditionally released prisoners may be kept; 
(c)  for defining the classes of offenders who may be 
conditionally released  and the period of imprisonm ent after 
which they may be so released;  and 
(d)  generally for carrying into effect all the purpose s of this Act. 
(2) Every rule made under this Act shall be laid as  soon as may be 
after it is made, before the Legislative Assembly w hile it is in session for a 
total period of not less than fourteen days which m ay be comprised in one 
session or in two or more successive sessions and i f before the expiry of the 
session in which it is so laid or the sessions afor esaid, the Assembly makes 
any modification in the rule or decides that the ru le should not be made, the 
rule shall thereafter have effect only in such modi fied form or be of no effect, 
as the case may be, so, however, that any such modi fication or annulment 
shall be without prejudice to the validity of anyth ing previously done under 
that rule. 
10. Repeal and savings. - The Good Conduct Prisoners' Probational 
Release Act, 1926 (10 of 1926), as applied to Himac hal Pradesh by the 
Himachal Pradesh (Application of Laws) Order, 1948,  and also as in force in 
the areas added to Himachal Pradesh under section 5  of the Punjab Re-
organisation Act, 1966 (31 of 1966), is hereby repealed: 
Provided that anything done or any action taken including any licence 
granted, rules made, notification issued or proceed ings commenced or 
continued, under the provisions of the Act hereby repealed shall be deemed to 
have been done or taken under the corresponding provisions of this Act. 

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