THE GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE ACT, 1938

ASSAM ACT II OF 1938 THE GOOD CO)J'DUCT PRISO~ERS' PROBATIONAL RELEASE ACT, 1938 (Passed by the Assam Legislature] (Received the assent of the Governor on the 12th Septeunber 1938] (Published in the Assam Ca;;ette of the 21st Sept,.mber 1938] An .let to firovide for the release if good conduct prison· er.r, ot1 conditions imposer! b;t the Provincial Government. Preamble. WHI'.REAS it is expedient to provide for the conditional release from prison of good conduct p1 isoncrs in certain cases before the completion of the term of imprisonment to which they have brrn sentenced, it is hereby enacted as follows:- Shon ciclc:, I. (1) This Act may be called the Good Con· c.-:-<cent and duct Ptisoners' Probational Re1ease Act, 1938. commence· men c. (2) It extends to the whole of Assam. (3) It shall come into force on such date as the Provincial Government may, by publication in the Assam Gru:tllt, speci(y in this behalf. Power or 2. Notwithstanding anything contained in Cove"roment section 40 l of the Code of Criminal Procedure, t~ relen~c by 1898, where a person is confined in prison under v of 1898. hcen~c on a sentence of imprisonment, and it appears to the condttion& J> • • 1 C r: hi d imposed by rovmc1a ovemmcnt trom s autece ents or it, his conduct in the prison that he is likely to abstain from crime and lead a useful and indus· triou~ life, if he is released from prison, the J>rovincinl Government may by license permit him to be released on condition (n) that he be placed under the supervision or authority of a servant of the Crown or a secular instituticon or of a person, or society professing the same religion as the prisoner, named in the license and willing to take charge of him, and (b) that he gives an undertaking in writing to conform to the terms of his license . • [Price 4 annas or Sd.] • • 2 E-cpfnnntion.-The expression '':.entence of imprisonment'' in this section shaU, in ca~e of persons under 21 years of age, include impri~on­ ment in default of payment of fine and imprison­ ment for failure to furnish security under Chap- ter \'Ill of the Code of Criminal ProceduJ·c, Vor l89'l., 1898. Period fur 3. A license granted under the prov1S1ons of which liYn· section 2 shall be in force until the date on which f ia to be in the person released would, in the execution of the orce. 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. Period or 4. The period during which a Person is absent rciCAUc to from prison under the provisions of tbis Act on a be. rcck~ncd license which is in force shall be reckoned as a &$ •mpnson· f h 'od f · · 1 · I I rncnt ror part o t e pen o nnpnsonment to w uc 1 1e corupuciog was sentenced, for the purpose of computing prriod of the penod of his sentence. acnccocc acn.cd. Forrn licc:oac:. PowC'r revoke lictnse. r~planalion.-Any period of remtSSlOO earned under existing rules while undergoing imprison­ ment shall be added to the period actually served in jail when computing the total period of the prisoner's sentence . or 5. A license granted under the pro\ isions of secLion 2 shall be in such form and shaU conWtn such conditions as tl-te Provincial Coveramcnt may by rules, or, in special cases, orders, made in this behalf djrcct. to 6. (1) The Provincial Government may at any time revoke a license granted under the provi­ sions of section 2. (2) An order of revocation passed under the provi~ions of sub-section (1} shall specifr the date with effect from which the hceose shall cease to be in force, and shall be sen·ed in such manner as the Provincial Go,·ernment may by mle pres· cribe, upon the person whose license has been revoked. • , - -, _L (3) Notwithstanding anything contained in section 4 of this Act, a released prisoner, whose license is revoked for failure to comply with the terms of his license shall be re-committed to prison and shall serve the unexpired term of the original sentence, and in case of such revxa· tion he will not be granted any remission for the time during wluch he was out of prison on probation. Power to 7. The Provincial Government may make rules make ru!ea. consistent with this Act- (1) for the form and conditions of licenses on which prisoners may be released ; (2) (3) for defining the powers and duties of servants of the Crown, societies or persons, under whose authority or supervision conditionally released prisoners may be kept ; for defining the classes of offenders who may be conditionally released and the periods of imprisonment after which they may be so released ; (ol) generally for carrying into effect all the purposes of this Act. A.G.P. (Leg.) No.65/50-10G-28·7-19Sl. - scan0001 scan0002 scan0003