Keyword(s):
Hardcore Prisoner
To provide for the temporary release of prisoners for good conduct on
certain conditions.
BE it enacted by the Legislature of the state of Haryana in the Thirty-
ninth Year of the Republic of India as follow:-
- (1) This Act may be called the Haryana Good conduct Prisoners
(Temporary Release) Act, 1988.
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government
may, by notification, in the Official Gazette, appoint in this
behalf.
Short title, extent
and
commencement.
Definitions. 2. In this Act, unless the context otherwise requires,-
Temporary release
of prisoners on
certain grounds.
(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) “member of prisoner’s family” means the husband, wife, son,
daughter, father, mother, brother or sister of the prisoner;
(c) “prescribed” means prescribed by the rules made under this Act;
(d) “prisoner” means a person confined in prison or jail or other
institution of like nature under a sentence of imprisonment for
life or any other authority exercising the powers of a Criminal
Court;
(e) “Superintendent of Jail” means the officer incharge of the prison
or Jail or other institution of like nature in which the prisoner is
undergoing his sentence of imprisonment for life or
imprisonment. - (1) The State Government may, in consultation with the District
Magistrate or any other officer appointed in this behalf, by notification
in the official Gazette 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 State Government is satisfied
that-
(a) a member of the prisoner’s family had died or is seriously ill or
the prisoner himself is seriously ill; or
(b) the marriage of prisoner himself, his son, daughter, grandson,
grand daughter, brother, sister, sister’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 or his father’s undivided land actually in
possession of the prisoner; or
(d) it is desirable to do so for any other sufficient cause.
(2)The period for which a prisoner may be released shall be Temporary release
of prisoners on
furlough.
determined by the State Government so as not to exceed-
(a) where the prisoner is to be released on the grounds specified in
clause (a) of sub-section (1), three weeks;
(b) where the prisoner is to be released on the ground specified in
clause (b) or clause (d) of sub-section (1), four weeks; and
(c) where the prisoner is to be released on the grounds specified in
clause © of sub-section (1), six weeks;
Provided that the temporary release under clause © can be availed more
than once during the year, which shall not, however, cumulatively
exceed six weeks.
(3) The period of release under this section shall not count towards the
total period of the sentence of a prisoner.
(4) The State Government may, by notification, authorize any officer
to exercise its powers under this section in respect of all or any other
ground specified there under. - (1) The State Government or any other officer authorized by it in
this behalf may, in consultation with such other officer as may be
appointed by the state Government, by notification, 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 four years and who-
(a) has, immediately before the date of his temporary release,
undergone continuous imprisonment for a period of three years,
inclusive of the persistence detention, if any;
(b) has not during such period committed any jail offence (except an
offence punished by a warning) and has earned at least three
annual good conduct remission;
provided that nothing herein shall apply to a prisoner who-
(i) is a habitual offender as defined in sub-section (3) of section
2 of Punjab Habitual Offenders (Control and Reform) Act,
1952; or
(ii) has been convicted of dacoit or such other offence as the
State Government may, by notification, specify.
(2) The period of furlough for which a prisoner is eligible under sub-
section (1) shall be three weeks during the first year of his release and
two weeks during 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 (1) shall count
towards the total period of the sentence undergone by a prisoner. - For the purpose of calculating the period of temporary release of a
prisoner under sections 3 and 4, the dates of departure from and arrival
at the prison shall be excluded. - 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 State Government or an officer authorized by it
i thi b h lf i ti fi d th t hi l
i lik l t
d th
Exclusion of
certain days in
computing period
under sections 3
and 4.
Prisoners not
entitle to be
released in certain
cases.Journey expenses
of poor prisoners
to be borne by
State Government.
Liability of
prisoner to
surrender on
expiry of release
period and
consequences of
overstaying.
in this behalf is satisfied that his release is likely to endanger the
security of the State or the maintenance of public order.
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