LexThe Himachal Pradesh Good Conduct Prisoners' (Temporary Release) Act, 1968
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH GOOD CONDUCT PRISONERS
(TEMPORARY RELEASE) ACT, 1968
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Temporary release of prisoners on certain ground s.
4. Temporary release of prisoners on furlough.
5. Exclusion of certain days in computing period un der sections 3
and 4.
6. Prisoners not entitled to be released in certain cases.
7. Journey expenses of poor prisoners to be borne b y the
Government.
8. Liability of prisoner to surrender on expiry of release period
and consequences of over-staying.
9. Penalty for failure to surrender.
10. Power to make rules.
11. Repeal and savings.
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THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS
(TEMPORARY RELEASE) ACT, 1968
(ACT NO. 12 OF 1969)
1
(Received the assent of the President on the 8 th April, 1969, and was
published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 2 nd
June, 1969, pp. 465-469).
An Act to provide for the temporary release of pris oners for good
conduct on certain conditions.
Amended, repealed or otherwise affected by,-
The Himachal Pradesh Adaptation of Laws (State and Concurrent
Subjects) Order, 1973, published in the Rajpatra, H imachal
Pradesh (Extra-ordinary), dated the 20
th January, 1973, pp. 91-
112, effective from 25 th January, 1971.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Nineteenth Year of the Republic of India as follows:-
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh
(Extra-ordinary), dated the 30 th November, 1968, p. 1180.
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE)
ACT, 1968
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1. Short title, extent and commencement.- (1) This Act may be
called the Himachal Pradesh Good Conduct Prisoners (Temporary Release)
Act, 1968.
(2) It extends to the whole of the 1[State of Himachal Pradesh].
(3) It shall come into force on such date 2 as the Government may, by
notification, in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "District Magistrate" means the District Magis trate of the
District within whose jurisdiction the prisoner, af ter his
temporary release under this Act, is likely to reside during the
period of his release;
(b) "Government" means the Government of Himachal P radesh;
(c) "member of prisoner's family" means the husband , wife, son,
daughter, father, mother, brother or sister of the prisoner;
(d) "notification" means notification published und er proper
authority, in the Official Gazette;
(e) "Official Gazette" means the Rajpatra, Himacha l Pradesh;
(f) "prescribed" means prescribed by rules made un der this Act;
(g) "prisoner" means a person confined in prison un der a
sentence of imprisonment;
(h) "Superintendent of Jail" means the Superintende nt of the jail
in which the prisoner is undergoing his sentence of
imprisonment.
3. Temporary release of prisoners on certain ground s.- (1) The
Government may, in consultation with the District M agistrate and subject to
such conditions and in such manner as may be prescr ibed, release temporarily
for a period specified in sub-section (2) any priso ner if the Government is
satisfied that,-
(a) a member of the prisoner's family has died or i s seriously ill;
or
(b) the marriage of the prisoner's son or daughter is to be
celebrated; or
(c) the temporary release of the prisoner is necess ary for
ploughing, sowing or harvesting or carrying on any other
agricultural operation on his land and no friend of the prisoner
or a member of the prisoner's family is prepared to help him
1. Substituted for "Union territory of Himachal Pra desh" by A.O. 1973.
2. The Act came into force from 1 st September, 1971 vide Notification No. 2-45/71-
jails (Sectt.), dated 17 th August, 1971, published in the Rajpatra, Himachal
Pradesh, dated 23 rd August, 1971, p. 1120.
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE)
ACT, 1968
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in this behalf in his absence; or
(d) it is desirable so to do for any other sufficie nt cause.
(2). The period for which a prisoner may be release d shall be
determined by the Government so as not to exceed,-
(a) Where the prisoner is to be released on the gro und specified
in clause (a) of sub-section (1), two weeks;
(b) where the prisoner is to be released on the gro und specified in
clause (b) or clause (d) of sub-section (1), four weeks; and
(c) where the prisoner is to be released on the gro und specified in
clause (c) of sub-section (1), six weeks.
(3) The period of release under this section shall not count towards
the total period of the sentence of a prisoner.
(4) The Government may, by notification, authorise any officer to
exercise its power under this section in respect of all or any of the grounds
specified therein.
4. Temporary release of prisoners on furlough. - (1) The
Government or any other officer authorised 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 temporari ly, on furlough, any
prisoner who has been sentenced to a term of impris onment of not less than
five years, and who,-
(a) has, immediately before the date of his tempora ry release,
undergone imprisonment for a period of three years,
excluding remission; and
(b) has not during such period committed any jail o ffence and has
earned at least three annual good conduct remissions:
Provided that nothing herein shall apply to a prisoner who,-
(i) is a habitual offender as defined in 1[clause (d) of section
2 of the Himachal Pradesh Habitual Offenders Act, 1969
(Act No. 8 of 1970)]; or
(ii) has been convicted of robbery or dacoity or su ch other
offence as the Government may, by notification, specify.
(2) The period of furlough for which a prisoner is eligible under sub-
section (1) shall be three weeks during the first y ear of his release and two
weeks 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 (1) shall count towards the
total period of the sentence of a prisoner.
1. Substituted for "clause (3) of section 2 of the Punjab Habitual Offenders (Control
and Reform) Act, 1952" by A.O. 1973.
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE)
ACT, 1968
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5. Exclusion of certain days in computing period un der sections 3
and 4. - For the purpose of calculating the period of temp orary release of a
prisoner under sections 3 and 4, the days of depart ure from and arrival at the
prison shall be excluded.
6. Prisoners not entitled to be released in certain cases.-
Notwithstanding anything contained in sections 3 an d 4, no prisoner shall be
entitled to be released under this Act, if, on the report of the District
Magistrate, the Government or an officer authorised by it in this behalf is
satisfied that his release is likely to endanger th e security of the State or the
maintenance of public order.
7. Journey expenses of poor prisoners to be borne b y the
Government. - If, on the report of the District Magistrate, the Government is
satisfied that a prisoner’s family can not 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 Government to such extent and in su ch manner as may be
prescribed.
8. Liability of prisoner to surrender on expiry of release period
and consequences of overstaying.- (1) On the expiry of the period for which
a prisoner is released under this Act, he shall sur render himself to the
Superintendent of the jail from which he was released.
(2) If a prisoner does not surrender himself as req uired by sub-section
(1) within a period of ten days from the date on wh ich he should have so
surrendered, he may be arrested by any police offic er without a warrant and
shall be remanded to undergo the unexpired portion of his sentence.
(3) If a prisoner surrenders himself to the Superin tendent of the jail
from which he was released within a period of ten d ays 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 h e was released, all or any
of the following penalties shall, after affording t he prisoner a reasonable
opportunity of being heard, be awarded to him by th e Superintendent of the
jail, namely,-
(a) a maximum cut of five days' remission for each day of
overstay;
(b) stoppage of canteen concession for a maximum pe riod of one
month;
(c) withholding concession of either interviews or letters or both
for a maximum period of three months;
(d) the period of temporary release on furlough of the prisoner
under section 4 shall not be counted towards his sentence;
(e) warning; and
(f) reduction from the status and grade of "Convic t Watchman"
or "Convict Overseer".
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE)
ACT, 1968
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9. Penalty for failure to surrender. - 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 awarded to the prisoner for the offence for which he was
convicted.
10. Power to make rules. - (1) The Government may, by notification,
make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the gen erality of the
foregoing power, such rules may provide for,-
(a) the execution by the prisoner (including his su reties) of bond
for his good behaviour during the release period an d 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;
(c) the forfeiture of the amount of bond in case o f breach of any
of its 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 sha ll be consulted
before a prisoner is released; and
(f) the extent to which and the manner in which jou rney expenses
of poor prisoners shall be borne by the Government.
(3) All rules under this section, shall, as soon as may be after they are
made, be laid before the Legislative Assembly.
11. Repeal and savings. - The Punjab Good Conduct Prisoners
(Temporary Release) Act, 1962 (Act No. 11 of 1962), as in force in the areas
added to Himachal Pradesh under section 5 of the Pu njab Re-organisation
Act, 1966 (Act No. 31 of 1966), is hereby repealed:
Provided that anything done or any action taken und er the said Act,
shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under this Act.
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