The Good Conduct Prisoner's Probational Release Act, 1926

oY . 1926 : Pb. Act X.] GOOD CONDUCT PRISONERS’ 855 PROBATIONAL RELEASE THE GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE ACT, 1926. Arrangement of Sections. SECTIONS 1. Short title, extent and commencement. 2. Power of Government to release by license on conditions imposed by it. 3. Period for which license is to be in force. 4. Period of release to be reckoned as imprisonment for computing period of sentence served . 5. Form of license. 6. Special powers of District Magistrates. 7. Released absconders who escape from supervision to be punishable. 8. Power to make rules. 1926 : Pb. Act X.] GOOD CONDUCT PRISONERS’ 857 PROBATIONAL RELEASE - 'THE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926. PunJsas Acr X or 1926. [Received the assent of the Governor of t he Punjab on the 21st July, 1926, and that of the Govern or-General on the 16th August, 1926, and was *first published in the Punjab Gazette of the 97th August , 1926.] S — ez . hort title whether repealed or otherwise Year Ne Sho affected by legislation 1 2 3 4 1926 .. % | The Good Conduct | Amended in part by the Gov ern- 92 prisoners’ Probational ment of India sAdapumon of Release Act, 1926. Indian Laws) Order, 1937. ' Amended by the Indian_Indepen- dence (Adaptation of Bengal and Punjab_Acts) Order, 1948 G.G;0.4n). -~ 3 Amended by the Adaptation of Laws Order, 1950. R Amended by the Adaptation of {,n;vls (1hird Amendment) Order, 951, : Amended by Punjab Act No, 33 of 1956°. . Extended to the territories which, immediately before the . 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union by Punjab Act No. 18 of 1958%. Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on_ Statc and Concurrent Subjects) Order, 1968. rt’l‘l'or Stfl';gentdo; Obpjects egrlxd Rfas(a:ns. 'lele Punjab Gazette, 1926, Part 1, page , and for Proceedings in Council, see ab Le; Council Debates, Volume IX-B, pages 1109—11, Punj lllllt‘lvq '5)';0 Ps?tgab Gtue?eo'bljez?.s .Pngt 1, peges 808—00, ‘or Statement of ects and Reasons, see Punjab Guzette, (Extraordinery), 1956, page 1088, i, - anetoment «For Statement of Objects and Reasons, see Pu ernmer Gazette, (Extraordinery), 1958, pages 564 K 'to’ efiflsL. nfab:_Gov snt 858 GOOD CONDUCT PRISONERS’ [1926 : Pb. Act X PROBATIONAL RELEASE An Act to provide for the release of good conduct prisoners on conditions imposed by the 1[State Government.] Preamble. WHEREAS it is expedient to provide for the conditiona] release from prison of good conduct prisoners in certain cases before the completion of the term of imprisonment to which they have been sentenced, and whereas the pre. vious sanction of the Governor-General under sub-section (3) of section 80-A of the Government of India Act hag been obtained ; \ IT is hereby enacted as followsv — tont e S S 1. (1) This Act may be called the Good Conduct mencement. Prisoners’ Probational Release Act, 1926. (2) It extends to *[Union territory of Chandigarh]. (3) It shall come into force on such ’date as the “[Central Government] may by notification appoint in this behalf. - ernment %5, % 2. Notwithstanding anything contained in section 401 lease by lcense Of the Code of Criminal Procedure, 1898, where a person on szgngl;‘g:! im-is confined in prison under a sentence of imprisonment, and po it appears to the ‘[Central Government] from his antece- dents or his conduct in the prison that he is likely to abstain from crime and lead useful and industrious life, if he is released from prison, the ‘[Central Government] may by license permit him to be released on condition that he be placed under the supervision or authority of a *[Government officer] or a secular institution or of a person or society professing the same religion as the prisoner, named in the license and willing to take charge of him. . 'Substituted for the words “Provincial Government” by the Adap- tation of Laws (Third Amendment) Order, 1951, *Substituted for the word “Punjab” by the Punjab Reorgenisstion (()annd;%%xéh) (Adaptation of Laws on State and Concurrent Subjects) rder, . “This Act came into force on 1st May, 1927,—vide Punjsb Govern- ment (Jails) notification No. 13272, dated 27th April, 1927, ‘Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- cwrrent Subjects) Order, 1968, SSubstituted Zor the words “servant of the crown” by the Adapta- tioh of Laws (Third Amendment) Order, 1951, Vot 1898, V of ©1898. 1926 : Pb. Act X.] GOOD CONDUCT PRISONKRS’ 859 PROBATIONAL RELEASE F:',rngana.tmn.—The expression “sentence of imprison- ment” in this section shall include imprisonment in de- fault of payment of fine and imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure, 1898. Period for 3. A license granted under the provisions of kection 2 shall be in force until the date on which the person re- pa e poemes ' leased would, in the execution of the order or warrant ’ authorizing his imprisonment, have been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner. 4. The period during which a person is absent from period of re- prison under the provisions of this Act on a license which is lease to be re- in force shall be reckoned as a part of the period of imprison” prigonment for ment to which he wals sentenced, for the purpose of com- computing prriod puting the period of his sentence and for the purpose of com= e a2 puting the amount of remission of his sentence which might be awarded to him under any rules in force relating to such remission. 5. A license granted under the provisions of section Form of license. 2 shall be in such form and shail contain such conditions as the [Central Government] may, by general or special order or by ru'es made in this behalf direct- 6. (1) The [Central Government] may at any time power to re- revoke a license granted under the provisions of section 2. voke license. (2) An order of revocation passed under the provisions of sub-section /1) shall specify the date with effect from which the license shall cease to be in force and shall be served in such manner as the ![Central Government] mav by ru'e prescribe, upon the person whose license has been revoked. 2[(3)] A Government officer under whose authority or supervision the prisoner was released under section 2 of the Act, may order his arrest and detention, until the order of revocation of a license is pasged, in such place and subject to such conditions as may be prescribed by the *[Central Government]. 1Substituted for the words “State Government” by the Pu Reorganisation (Chandigarh) (Adaptation of Laws on State and élti::‘.’ cmentbsub{;ects)(a?rdsxg éDGB.d deemed ol *Sub-section added end deem lways to have been by Punjab Act No. 33 of 1956, y added Released abscon- ders who escape from supervision to be punishable. Power to make rules. 860 GOOD CONDUCT PRISONERS’ [1926 : Ph, Act X, PROBATIONAL RELEASE 7. (1) If any person escapes from the supervision or authority of a '[Government officer] or secular institution, ora socfety or person in whose charge he has been placed under the provisions of section 2, or if any prison “{hnse license has been revoked under the provisions of. section 6, fails without lawful excuse, the burden of proving which shall be upon him, to return to the prison from which he was released, on or before the date speciflgd in the order of revocation, such person shall on conviction by a magis- trate be punishable with imprisonment for a term which may extend to two years or with fine, or with both. (2) An offence punishable under the provisions of sub- section (1) shall be deemed to be a cognizable offence with- in the meaning of clause (f) of sub-section (1) of section 4 of the Code of Criminal Procedure, 1898, 8- The *[Central Government] may make rules® con- sistent with this Act— (1) for the form and conditions of licenses on which prisoners may be released ; (2) for defining the powers and duties of Govern- ment officers, societies or persons, under whose authority or supervision conditionally released prisoners may be kept ; (3) _for defining the classes of offenders who may be conditionally released and the period of im- prisonment after which they may be so released; (4) generally for carrying into effect all the pur- poses of this Act. Substituted for the words “servants of the C: " by the Adapta tion of Laws (Third Amendment) Or:'d’el? 19;1. AR 2Substituted for the words “State dovernment" by the Punjab Reorgznisation (Chandigarh) (Ada t d Con- current Subjects) Order, 1968.( piatien of Laya on inle 8For rules, see notificeti b Gaozette, 1027, Part I, pacxzs %38%1.3273, Qated ¥tk Aget, 1980, Punle