Pre. (ACT NO. 12 OF 1969)¹

(Received the assent of the President on the 8th April, 1969 and was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 2nd June, 1969, pp. 465-469).

An Act to provide for the temporary release of prisoners 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Amended, repealed or otherwise affected by: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, Himachal Pradesh (Extra-ordinary), dated the 20th January, 1973, pp. 91-112, effective from 25th January, 1971.

BE it enacted by the Legislative Assembly of Himachal Pradesh in the Nineteenth Year of the Republic of India as follows:

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1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 30th November, 1968, p. 1180.

S.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 date² as the Government may, by notification, in the Official Gazette, appoint.

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1. Substituted for "Union territory of Himachal Pradesh" by A.O. 1973.

2. The Act came into force from 1st September, 1971 vide Notification No. 2-45/71-jails (Sectt.), dated 17th August, 1971, published in the Rajpatra, Himachal Pradesh, dated 23rd August, 1971, p. 1120.

S.2 Definitions

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) "Government" means the Government of Himachal Pradesh;

(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 under proper authority, in the Official Gazette;

(e) "Official Gazette" means the Rajpatra, Himachal Pradesh;

(f) "prescribed" means prescribed by rules made under this Act;

(g) "prisoner" means a person confined in prison under a sentence of imprisonment;

(h) "Superintendent of Jail" means the Superintend

S.3 Temporary release of prisoners on certain grounds:

(1) The 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 Government is satisfied that:

(a) a member of the prisoner's family has died or is seriously ill;

(b) the marriage of the prisoner's son or daughter is to be celebrated;

(c) the temporary release of the prisoner is necessary 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 in this behalf in his absence;

(d) it is desirable so to do for any other sufficient cause.

(2) The period for which a prisoner may be released shall be determined by the Government so as not to exceed:

(a) Whe

S.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 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 remission;

(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 ¹[clause (d) of section 2 of the Himachal Pradesh Habitual Offenders Act, 1969 (Act No. 8 of 1970)];

(ii) has been convicted of robbery or dacoity or such other offence as

S.5 Exclusion of certain days in computing period under sections 3 and 4

For the purpose of calculating the period of temporary release of a prisoner under sections 3 and 4, the days of departure from and arrival at the prison shall be excluded.

S.6 Prisoners not entitled to be released in certain cases

Notwithstanding anything contained in sections 3 and 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 the security of the State or the maintenance of public order.

S.7 Journey expenses of poor prisoners to be borne by 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 such manner as may be prescribed.

S.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 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.

(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 for which he was released, all or any of the following penalties shall, after affording the prisoner a reasonable opportunity of bei

S.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.

S.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 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 bond 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 pris

S.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 Punjab Re-organisation Act, 1966 (Act No. 31 of 1966), is hereby repealed:

Provided that anything done or any action taken under 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.