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transfer of prisoners act

(Querist) 12 April 2008 This query is : Resolved 
I want to know about latest policy/law/act regarding transfer of prisoners from the prison of one district to another district in Haryana state.plz also send me complete "The transfer of prisoners act 1950".Thankx
H. S. Thukral (Expert) 12 April 2008
Transfer of Prisoners Act, 1950

of 1950 Date: 12 Apr 1950
INDEX


1 Short title and extent
2 Definitions
3 Removal of prisoners from one State to another (1 Judgments)
4 Repealed


Transfer of Prisoners Act, 1950
An Act to provide for the removal from one State to another of persons confined in a prison BE it enacted by Parliament as follows: --

Statement of Object
Section 29 of the Prisoners Act, 1900, inter alia provides for the inter-State transfer of prisoners between the States in Part A, C and D of the First Schedule to the Constitution. There is no provision, however, either in the Prisoners Act, 1900, or any other law for the transfer of prisoners from prisons in those States to prisons in Part B States and vice versa. Cases may arise where the removal or transfer of prisoners from Parts A, C and D States to Part B States and vice versa may be considered administratively desirable or necessary. This Bill is intended to provide legal sanction to such transfers or removal

.

1 . Short title and extent.- (1) This Act may be called The Transfer of Prisoners Act, 1950. [1]

(2) It extends to the whole of India [2] [***].

FOOTNOTES:

1. This Act, as in force in the territories to which it generally extends, is extended to and shall be in force in, the Kohim district and the Mokokchung district-See the Kohim and Mokokchung Districts (Transfer of Prisoners) Regulation, 1961 (7 of 1961), Section 3 (16-8-1961).

The Act now extends to the State of Jammu and Kashmir by virtue of Act 25 of 1968. with effect from . 15-8-1968.

It has been extended to the Union Territory of Pondicherry by Act 26 of 1966, Section 2 with effect from . 1-3-1969.

It has also been extended to the Union Territory of Goa, Daman and Diu by General Statutory Rules (G.S.R.) 430, published in Gazette of India. Part II, Section 3 (i), p. 461; and to the Union territory of Dadra and Nagar Haveli by Regn. 6 of 1913.

It has been extended to Sikkim-See Statutory Orders (S.O.) 208 (E)/1975-Gazette of India. Extra., Part II, Section 3(ii), p. 1218.

2. Words "except the State of Jammu and Kashmir" omitted by 25 of 1968, Section 2 with effect from . 15-8-1968.



2 . Definitions.- In this Act,--

(a) "court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction;

[1] [(b) "Government" or "State Government", in relation to a Union territory means the administrator thereof;]

(c) "prison" includes any place which has been declared by a State Government, by general or special order, to be a subsidiary jail.

FOOTNOTES:

1. Substituted by the A.O. (No. 3) 1956, for clause (b) with effect from . 1-11-1956.



3 . Removal of prisoners from one State to another.- (1) Where any person is confined in a prison in a State-

(a) under sentence of death, or

(b) under or in lieu of, a sentence of imprisonment or transportation, 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;

the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State.

(2) The officer in charge of the prison to which any person is removed under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the court by which such person has been committed or until such person is discharged or removed in due course of law.

4 . Repealed .- Amendment of section 29 of Act III of 1900 [Rep. by the Repealing and Amending Act, 1957 (36 of 1957), sec. 2 and Sch. I (w.e.f. 17-9-1957).]





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