Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Act, 1978

No: 7 Dated: May, 10 1978

THE JAMMU AND KASHMIR GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) ACT, 1978

(Act No. VII of 1978)

    An Act to provide for the temporary release of prisoners for good conduct on certain conditions.

Be it enacted by the Jammu and Kashmir State Legislature in the Twenty-ninth Year of the Republic of India as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Good Conduct Prisoners (Temporary Release) Act, 1978.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.]

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) "Member of prisoner's family" means the husband, wife, son, daughter, father, mother, brother or sister of the prisoner ;

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

(d) "Prisoner" means a person confined in prison under a sentence of imprisonment;

(e) "Superintendent of Jail" means the Superintendent of Jail in which the prisoner is undergoing his sentence of imprisonment.

3. Temporary release of prisoners on certain grounds. - (1) The Government may, in consultation with District Magistrate and subject to such condition 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 ; or

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

(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 available for undertaking such operation in his absence ; or

(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) where the prisoner is to be released on the ground specified in clause (a) of sub-section (1), four 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 ground specified in clause (c) of sub-section (1), six weeks.

(3) The period of release under this section shall not count towards the total period of the sentence undergone by the prisoner.

(4) The Government may by notification authorise any officer to exercise its powers under this section in respect of all or any of the grounds specified therein.