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THE HIMACHAL PRADESH GOOD CONDUCT PRISONER
(TEMPRORY RELEASE) BILL 1969,
ARRANGEMENT OF CLAUSES
Section
1. Short title, extent and commencement,
2. Definitions.
3. Temprory release of prisoners on certain grounds.
4. Temprory release of prisoners on furlough.
5. Exclusion of certain days in computing period under
sections 3 and 4.
6. Prisoners not entitled to be released in certain
cases.
7. Journey expences of poor prisoners to be borne by the
Government.
8. Liability of prisoners to surrender on expiry of
release period and consequences of overstaying.
9. Penalty for failure to surrender.
10. Power to make rules.
11. Repeal and savings.
SHIMLA-2, The Ist
December, 1969
No.1-9/69-Home (Jails)
:-In exercise of the powers conferred by Section 10 of the
Himachal Pradesh Good Conduct Prisoners (Temporary Release) Act,
1968 (Act 12 of 1969) the Administrator of Himachal Pradesh is
pleased to make the following rules: -
1. (1)
Rules: - These rules may be called the Himachal Pradesh Good
Conduct Prisoners
(Temporary Release) Rules 1969
(2) These rules
shall come into force at once: -
2. In these rules, unless the context
otherwise requires: -
(a) “Act” means the Himachal Pradesh Good Conduct
Prisoner (Temporary Release) Act 1968 (act 12 of 1969;
(b) “From” means a form appended to these rules
(c) “Inspector General” means the Inspector
General of Prisons, Himachal Pradesh.
(d) “Releasing Authority” means the Government or
such other authority a whom the powers of the Government are
delegated under sub-section (4) of section 3 or under sub
section (1) of section 4 of the Act;
(e) “Section” means a section of the Act.
3. (1) A prisoner desirous of seeking
temporary release under section 3 or section 4 of the Act shall
make an application in Form ‘A-I’, From A-2, as the case may be,
to the Superintendent of Jail, Such an application may also be
made by an adult member of the prisoners family.
(2) The Superintendent of Jail shall
forward the application alongwith his report to the District
Magistrate of the District to which the prisoner belongs, who
after consulting the Superintendent of Police of his District
,shall forward the case with his recommendations to the
Inspector General. The Inspector General will then record his
views on the case whether the prisoners is to be released or not
and submit the same to the Releasing Authority for orders. The
District Magistrate, before making any recommendations shall
verify the facts and grounds on which the release has been
requested and shall also give his opinion whether the temporary
release on parole or furlough is opposed on grounds of prisoners
presence being dangerous to the security of the state of
prejudicial to the maintenance of public order.
(3) If, after making such enquiry as it may
deem fit the Releasing Authority is satisfied that the prisoner
is entitled to be released under the Act, the Releasing
Authority may issue to the Superintendent of Jail through the
Inspector General a duly signed and sealed warrant in Form ‘B’
ordering the temporary release of the prisoners specifying
therein,(1) the period of release of the prisoner (ii) the place
or places which the prisoners is allowed to visit during the
period of such temporary release and the amount for which the
security bond and the surety bond shall be furnished by the
prisoner in Form ‘C’ and ‘D’ respectively:-
Provided that the amount of the security bond and
surety bond does not exceed twenty thousand rupees in each case.
(4) On receipt of the release warrant, the
Superintendent of Jail shall inform the prisoner concerned and
such member of the prisoner’s family as the prisoner may specify
in that behalf for making arrangements for the execution of the
security and the surety bond in Form’C’ and ‘D’ respectively for
securing the release of the prisoner. A copy of the release
warrant shall also be sent by the Superintendent of Jail to the
District Magistrate.
(5) On receipt of the information from the
District Magistrate that the necessary bonds have been
furnished, the Superintendent of jail shall release the prisoner
for such period of time as in specified in the release warrant.
(6) The Superintendent of Jail shall also
immediately forward to the officer in charge of the Police
Station within whose sphere of duty the place or places to be
visited by the prisoner is or are situated a copy of the warrant
and the release certificate in Form ’E’ The Officer in charge of
the Police Station shall keep a watch on the conduct and
activities of the prisoner and shall submit a report relating
thereto to the Superintendent of Jail who shall forward the same
to the Inspector General.
(7) The date of release as well as the date
on which the prisoner surrenders himself under sub section (1)
of section 8 of the Act shall be reported by the Superintendent
of Jail to the Inspector General who will inform the Government
accordingly.
4 (1) If the prisoner commits any
offence during the period of his temporary release, the officer
incharge of the Police Station shall forthwith and in any case
not later than twenty-four hours of his coming to know of the
commission of the offence, send a report thereof to the
Superintendent of jail and to the Superintendent of Police of
the District.
(2) On receipt of report under sub-rule (1)
the superintendent of Jail shall forthwith send the same to the
Inspector General for being forwarded to the Releasing
Authority, who may thereafter cancel the release warrant.
5. If any major jail is committed by the
prisoner between the date of application of release and the
receipt of the warrant for such release, the prisoner shall not
be released by the Superintendent of Jail without the previous
approval of the Inspector General. In case the approval is not
given, the Superintendent of Jail shall return the release
warrant to the Releasing Authority through the Inspector General
for cancellation indicating the details of the offence committed
by the prisoner. The Releasing Authority may on the receipt of
such report, cancel the release warrant.
6. Third class railway passes for journey
both ways to the railway station nearest to the place of
destination or the bus fare to the place of residing both ways
will be issued by the Superintendent of jail on the report of
the District Magistrate, the Government is satisfied that the
prisoner’s family cannot bear the expenses of his journey from
and to the prison after his temporary release.
7 (1) Before a prisoner is allowed to
leave the Jail on temporary release under the Act, he shall be
informed by the Superintendent of Jail personally about the date
of which he has to surrender himself to the Jail and of the
consequences of his failure to do so as provided in section 8
and 9 of the Act.
(2) The
Superintendent of jail shall on the failure of the prisoner
released temporarily under the Act to surrender on due date
intimate the fact to the Superintendent of Police of the
District concerned and the officer in charge of the Police
Station within jurisdiction the place of residence of the
prisoner during his temporary release is situated who would take
necessary action against the prisoner in accordance with the
provisions of the Act.
8 A Female prisoner ordered to be
temporarily released under the Act shall be transferred to the
jail, which is nearest to the place, which she intends to visit
during her temporary release. She shall be released from that
Jail and shall return to that Jail. If she so desires the
Superintendent of Jail from which she is transferred shall
intimate of such member of her family as she may specify in that
behalf that date of her release and the jail from which she has
to be released.
9 A prisoner who is temporary released
under these rules shall be given a release certificate in Form
“E’a copy whereof shall be retained in the jail record.
10. The forfeiture of the amount of security shall be
regulated under the provisions of Cr.P.C. and the
amount so forfeited shall be credited under receipt head XVIII-Misc.
11. The
expenditure on account of railway bus fares shall be met out
from the contingencies of respective jails under Major Head 22
–Jails.
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