The Good Prisoner Act

0. Punjab Act No 11of 1962 Good Conduct Prisoners (Temporary) Release THE PUNJAB GOOD CONDUCT PRISONERS (TEMPORARY) RELEASE ACT 1962 Punjab Act No 11of 1962 I (Rec~ived the assent of the President of India ontthe 19th May 1962 and first published for feneral information in the Punjab Government Gazette(Extraordinary),Legislative Supplement .of the 19th June 1962 AN , ACT To pr9vide for the temporary release of prisoners for good conduct on certain Conditions. . I Be it [enacted by the Legislature of the state of Punjab in the thirteenth year of the i Republic ofIndia as follows:- i 1. ! SHORT TITLE. EXTENT AND COMMENCEMENT (l) ~hiS Act may be called the ~Unjab Good Conduct Prisoners (Temporary Release) Act, 1962. (2)! It extends to the whole of the state of Punjab. i (3); It shall come into force on such date as the State Goverrunent may, by notification in the official Gazette, appointed 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. (b) "Members of prisoner's family" means the husband, wife, son, daughter, father, mother, brother or sister of the prisoner. (c) "Prescribed" means prescribed by-rules made under this Act; (d) "Prisoner" means a person confined in prison under a sentence of imprisonment; (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 b~'pr~scribed, release temporarily for a period specified in sub- section (2) any prisoner if the state Government is satisfied that- (a) amember of the prisoner's family has died or is seriously ill; or (b) the marriage of prisoner's son or daughter is to be celebrated or; (c) the temporary release of the prisoner is necessary for sloughing, sowing or harvesting or carrying on any other agricultural operation on his land and no friend of the prisoner or a member of prisoner's family is prepared to help him in this behalf in his absence; or ~-:£siL~ It is desirable so to do for any other sufficient cause. I which :I~~s;d~h;iibe (2) The p:riOd for apri:~~:::; ~ determined by I the State Government so as not to exceed:- I I (a) where the prisoner is to be released on the ground specified in clause I (a) of sub-section (1), two weeks; (b) where the prisoner isTo be relea7ed on the ground specified in clause I I (b) or clause (d) of sub-section (1), four wee~s; and I (c) where the prisoner is to be released on the ground specified in clause I sub-section (l)~ 1 (3) The period ofrelease under this section shall not count towards the total 1 I , period of the sentence of a prisoner. (4) The State Government may by notification authorize any officer to exercise it's power under this section in respect of all or any of the ground specified therein. 4. (1) The State Government or any other officer authorized 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 o~ three years, excluding 'ff •.' remissions; and (b) has not during such period committed any jail offence 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 clause (3) of section 2 of the Punjab Habitual Offenders (Control and Reforms) Act, 1952, or /.3 (ii) has been convicted of robbery or dacoity or such other offence q1 J....<, \1nL as the State Government may, by notification, specify. (2) The period of furlough for which a prisoner is eligible under sub- section (l) shall be three weeks during the first year of his release and two v:,.eeksduring 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 (I) shall count towards the total period of the sentence of aprisoner. 5. For the purpose of calculating the temporary release of a prisoner under section 3 and 4, the days of departure from and arrival at the prison shall be excluded. 6. Notwithstanding anything contained in section 3 and 4 , no prisoner shall be entitled to be released under this Act if, on the report of the District Magistrate, 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. (l) 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)with in 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 un-expired portion of his sentence. '. ,} (3) If a prisoner surrender himself to the Superintendent of the Jail from which he .. was released with in 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 for which he was released, all or any of the following penalties shall, after affording the prisoner a reasonable 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 of overstay. (b) Stoppage of canteen concessions 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 counted toward his sentence. (e) Warning; (f) Reduction from the status and grade of "Convict Watchman" or "Convict Overseer". 9. 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. (1) The State Government may by notification 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; '" Cc) the forfeiture of the amount of bonds in caseof breach of any of it's o. 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 (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: ~rovided 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. 17986 L.R. - 1,500 - i/·9-62 & S Pb., Chandigarh ~ ." -' '.