Rajasthan Prisoners Act, 1960
No: 39 Dated: Nov, 07 1960
Rajasthan Prisoners Act, 1960
(Act No. 39 of 1960)
An Act to consolidate and amend the law relating to prisoners in the State of Rajasthan
Be it enacted by the Rajasthan State Legislature in the Eleventh Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Prisoners Act, 1960.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. - (1) In this Act, unless the subject or context otherwise requires,-
(a) "Court" includes any officer or person lawfully exercising civil, criminal, revenue or other jurisdiction, and
(b) "Prison" includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail.
(2) In this Act, all references to prisons and to imprisonment or confinement therein shall be construed as referring also to reformatory schools, if any, and to detention therein.
3. Officers-in-charge of prisons to detain persons committed to their custody. - The officer-in-charge of a prison shall receive and detain all persons duly committed to his custody under this Act or otherwise by any court according to the exigency of any writ, warrant or order by which such person has been committed or until such person is discharged or removed in due course of law.
4. Officers-in-charge of prisons to return writs, etc., after execution or discharge. - The officer-in-charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid, other than a warrant of Commitment for trial or after the discharge of the person committed thereby, return such writ order or warrant to.the court by which the same was issued or made, together with a :certificate endorsed thereon and signed by him showing how the same has been executed or why the person committed thereby has been discharged from custody before the execution thereof.
5. Officers-in-charge of prisons to give effect to sentences. - Officers-in-charge of prisons may give effect to any sentence or order or warrant for the detention of any person passed or issued by any court or tribunal acting, whether within or without the State under the general or special authority of the State Government or under the provisions of the Constitution of India or any law for the time being in force.
6. Warrant to be sufficient authority. - A warrant under the official signature of an officer of such court or tribunal as is referred to in Section 5 shall be sufficient authority for holding any person in confinement in pursuance of the sentence passed upon him.
7. Procedure where officer-in-charge of prison doubts legality of warrant. - (1) Where an officer-in-charge of a person doubts the legality of a warrant or order sent to him for execution or the competency of the person whose official seal or signature is affixed there to pass the sentence and issue the warrant or order, he shall refer the matter to the State Government, by whole order on the case he and all other public officers shall be guided as to the future disposal of the prisoner.
(2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner, and with such restrictions or mitigations, as may be specified in the warrant or order.
8. Removal of prisoners. - (1) The State Government may, by general or special order, provide for the removal of any prisoner confined in a prison,-
(a) under sentence of death, or
(b) under, or in lieu of, a sentence of imprisonment, or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace or for maintaining good behaviour, or
(e) otherwise, to any good prison in the State.
(2) Subject to the orders, and under the control of the State Government, any person who is detained in custody in a person pending inquiry or trial or otherwise under any writ, warrant or order may, by order, be directed to be removed,-
(a) from one subsidiary jail to another subsidiary jail in the district, by the Collector of the district;
(b) from one subsidiary jail to another subsidiary jail within a sub-division, by the Sub-Divisional Officer;
(c) from a subsidiary jail in one district to a subsidiary jail in another district, by the Collector of the district from which the person is removed with the consent of the Collector of the other district; and
(d) by the Inspector General of prisons,-
(i) from one central jail to another central jail or to a district jail or a subsidiary jail, or
(ii) from one district jail to another district jail or a central jail or a subsidiary jail, or
(iii) from one subsidiary jail to another subsidiary jail or to a district jail or a central jail.