LexThe Good Conduct Prisoners (Temporary Release) Act 1962
Punjab · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY
RELEASE) ACT, 1962.
(PUNJAB ACT NO. 11 OF 1962)
(As amended upto the 14th May, 2026)
2026
THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY
RELEASE) ACT, 1962.
Sections CONTENTS
1. Short title extent and commencement.
2. Definitions.
3. Temporary release of prisoners on certain grounds
4. Temporary release of prisoners on furlough.
5. Exclusion of certain days in computing period under sections 3 and 4.
5A. Prisoners not entitled to be released in certain cases.
6. Cases where consultation with District Magistrate not necessary or
where prisoners are not to be released.
7. Journey expenses of poor prisoners to be borne by State Government.
8. Liability of prisoner to surrender on exp iry of release period and
consequences of overstaying.
9. Penalty for failure to surrender.
10. Power to make rules.
11. Repeal and saving.
1THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY
RELEASE) ACT, 1962.
(Punjab Act No. 11 of 1962)
[Received the assent of the President of India on the 19th May, 1962 ,
and first published for general information in the Punjab Government
Gazette (Extraordinary), Legislative Supplement, dated the 19 th June,
1962.]
1. 2. 3. 4.
Year No. Short Title Whether repealed or otherwise
affected by the legislation
1962 11 The Punjab Good
Conduct Prisoners
(Temporary
Release) Act,
1962.
1. Amended by Punjab Act no.30
of 1978.
2. Amended by Punjab Act no.
21 of 2000.
3. Amended by Punjab Act no.1
of 2016.
4. Amended by Punjab Act no.2
of 2019.
5. Amended by Punjab Act no.15
of 2020.
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 Punjab in the
Thirteenth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Good Conduct Prisoners
(Temporary Release) Act, 1962.
(2) It extends to the whole of the State of Punjab.
1 For Statement of Objects and Reasons see Punjab Government Gazette (Extraordinary), 1959, page
1869.
Short title, extent
and
commencement.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(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;
1[(aa) "hardcore prisoner" means a person confined in prison under
a sentence of imprisonment, who has been convicted of-
(i) an offence of rape with murder under section 376 read
with section 302 of the Indian Penal Code, 1860;
(ii) an offence punishable under section 14 of the Protection
of Children from Sexual Offences Act, 2012;]
(b) 2["member of prisoner's family" means the husband, wife,
son, daughter, father, mother, brother, sister, grand-father,
grand-mother, grand-son, grand -daughter, father -in-law,
mother-in-law, brother -in-law, father`s brother, father`s
sister, mother`s brother or mother`s sister of the prisoner;]
(c) "prescribed" means prescribed by rules made under this Act;
(d) "prisoner" means a person confined in prison u nder a
sentence of imprisonment;
1 Inserted by Punjab Act No.1 of 2016, section 2(i).
2 Substituted by Punjab Act No.1 of 2016, section 2(ii).
Definitions
(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 be
prescribed, release temporarily for a period specified in sub-section (2)
any prisoner if the State Government is satisfied that-
(a) 1[a member 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) the marriage of the prisoner's son or daughter is to be
celebrated; or
(c) the temporary release of the prisoner is necessary for
ploughing, sowing or harvesting or carrying on any other
agricultural operation 2[on his l and or any other land
cultivated by him] and no friend of the prisoner or a member
of the prisoner's family is prepared to help him in this behalf
in his absence; or
3[(cc) a lady prisoner is pregnant and is likely to deliver a child; or]
(d) it is desirable so to do for any other sufficient cause.
4[Explanation. - The expression "sufficient cause" includes-
1 Substituted by Punjab Act No.1 of 2016, section 3(i)(A).
2 Substituted for words "on his land" by Punjab Act No.21 of 2000, section 2(i).
3 Inserted by Punjab Act No.1 of 2016, section 3(i)(B).
4 Added by Punjab Act No.1 of 2016, section 3(i)(C).
Temporary
release of
prisoners
on certain
grounds.
(1) serious damage to life or property of the member
of the family caused by any natural calamity; or
(2) critical condition of any mem ber of the family on
account of accident; or
(3) delivery of child by the wife of the prisoner.]
(2) 1[The period for which a prisoner may be releas ed shall be
determined by the State Government so as not to exceed —
(a) where the prisoner is to be released on the ground spe cified
in clause (a) of sub-section (1), fifteen days ;
(b) where the prisoner is to be released on the ground specified
in clause (aa) or clause (b) or clause ( c) or clause (d) of sub-
section (1), 2[eight weeks]; and
(c) where the prisoner is to be released on the ground specified
in clause (c c) of sub -section (1), one hundred and twenty
days (sixty days prior to date of delivery of child and sixty
days after the date of delivery of child).]
3[(2-A) The total period of temporary release of the p risoner,
excluding the release availed of,-
(i) on the death of a family member of the
prisoner; or
(ii) by a female prisoner on account of delivery of
child, as the case may be,
shall not exceed sixteen weeks, during a calendar year and shall be
availed of on quarterly basis:
Provided that a prisoner, may avail such release for a
continuous period of sixteen weeks, during the period falling between the
23rd day of November , 2018 to the 23 rd day of November, 2 019, as a
1 Substituted by Punjab Act No.1 of 2016, section 3(ii).
2 Substituted for words "six weeks" by Punjab Act No.2 of 2019, section 2(i).
3 Inserted by Punjab Act No. 21 of 2000, section 2(ii), further substituted by Punjab Act No. 1 of 2016,
section 3(iii), further substituted by Punjab Act No.2 of 2019, section 2(ii).
onetime measure on pro -rata basis, however, subject to the other
provisions of the Act:
Provided further that any prisoner who is on temporary
release for a specified period and wants to surrender before the expiry of
his temporary release period, he shall be allowed to do so:]
1[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. ]
(3) The period of release under this section shall not count
towards the total period of the sentence of a prisoner.
(4) The State 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. (1) The State 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 temporarily, on furlough, any prisoner who has been sentenced
to a term of imprisonment of not less than five years, and who—
(a) has, immediately before the date of his temporary
release, undergone imprisonment for a period of three
years, excluding remissions; and
(b) has not during such period committed any jail offence
and has earned at least three annual good conduct
remissions:
1 Added by Punjab Act No.15 of 2020, section 2.
Temporary
release of
prisoners
on
furlough.
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 as the State 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 year 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.
5. For the purpose of calculating the period of temporary release of a
prisoner under sec tions 3 and 4, the days of departure from and arrival at
the prison shall be excluded.
5-A. 1[Notwithstanding anything contained in sections 3 and 4, -
(a) no prisoner shall be entitled to be released under this Act
to w hom the death sentence has been awarded or is a
hardcore, prisoner;
(b) notwithstanding anything contained in clause (a),
hardcore prisoner may be allowed to be released
temporarily on the grounds specified in clause (a) or
clause (b) of s ub-section (1) of section (3). However,
extra conditions may be imposed on the prisoner at the
1 Inserted by Punjab Act No.1 of 2016, section 4.
Exclusion of
certain days in
computing
period under
sections 3 and
4.
Prisoners not
entitled to be
released in
certain cases.
time of temporary release or furlough after considering
all the facts and circumstances of the case.]
1[6. Notwithstanding anything contained in sections 3 and 4,
(i) it shall not be necessary to consult the District Magistrate
where the State Government is satisfied that the prisoner
maintained good conduct during the period of his earlier
release under any of the aforesaid sections; and
(ii) no prisoner shall be entitled to be release d under this Act ,
if on the report of the Distric t Magistrate, where
consultation with him is necessary, 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. (1) 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) within 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 unexpired portion of his
sentence.
1 Substituted by Punjab Act No.30 of 1978, section 2.
Journey
expenses of
poor
prisoners to
be borne by
State
Govern-
ment.
Liability of
prisoner to
surrender on
expiry of
release
period and
conse-
quences of
overstaying.
Cases where
consultation
with District
Magistrate
not necessary
or where
prisoners are
not to be
released.
(3) If a prisoner surrenders himself to the Superintendent of the
Jail from which he was released within 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 f or
which he was released, all or any of the following penalties shall, after
affording the prisoner a reason able 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 day of
overstay;
(b) stoppage of canteen concession for a maximum period
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 c ounted towards
his sentence;
(e) warning;
(f) reduction from the status and grade of "Con vict
Watchman" or "Convict Overseer".
9. 1[Any prisoner who is liable to be arrested under sub -section (2) of
section 8, shall be punishable with imprisonment of either des cription
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.]
1 Substituted by Punjab Act No.1 of 2016, section 5.
Penalty for
failure to
surrender.
10. (1) The State Government may by notifica tion make rules for
carrying out the 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;
(c) the forfeiture of the amount of bonds in case of 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 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
Power to
make
rules.
Repeal
and
saving.
(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 an y such right, privilege, obliga tion,
liability, penalty, forfeiture or punishment as aforesaid:
and any such investigation, legal proceeding or reme dy may be instituted,
continued or enforced, and any such penalty, forfei ture or puni shment
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 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.