Amendment status not verified — confirm the current text below against the official source.
I I : . I: : : i i' I THE ASSAM GAZETTE, EXTRAORDINARY, MAY30, 2013 1359 (3) "appropriate Govemmentn, in relation to suspension, remission or commutation of sentence means - (a) in cas3s where the sentence is by· a Court Martiall the Central Government or any officer of the Armed Forces of · the Union empowered under any law in force to suspend, remit or commute a sentence passed by a Court' Martial; and (~) in cases.where ~he sentence is by a· Court t?ther than a Court Martial, - . (i) if .~he sentence is of death or is for an ,~· offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and .. (ii) if the sentence, whethe~, of death or not, is· for an offence against any law relating to a matter to which the executive power of the State extends, the , Gov'emment of the ,. ; , State or. Union Territofy within which the sentence is passed; (4) "court" includes any officer or authority empowered to commit a person to prison by any writ, warrant or order under any law in force including any law providing for preventive detention; I (5) "prison", which is synonymous with "jailn, means an institution established and so declared under section 3 for the detention and correctional · treatment of offenders and for the detention of such other persons as may be committed to custody un'der any law, but does not include - (a) any place used or appointed for the detff:tntion of persons exclusively in the custody of the police; 1360 THE ASSAM G,AZETTE,>EXTRAQROIN;\R.Y, MA y ;30, ~013 . (b) any place:' specially appointed, by, ,the State. Central · · Act 2 of GO\'.ernment under sectior.i •417 .of the Cqde of 1914 Criminal Procedure, 1973; (c) any institution established under the Assam Assam Borstal Institution Act, 1968;_ · Act 1 of 1969 (d) · any institution established 'Of". certified or Central recognized under the Juvenile Justice (Care & Act 56 of 2000 Protection of Children) Act, 2000. (6 ) "central jail" means a class of prison meant for centralised detention and correctional treatment of offenders sentenced ., to· · relatively long . terms of imprisonment and also for detention of. such other class or classes of persons as specified by · rules made under this Act and orders made under such rules; (7) "district jail" means a class of prison meant for detention· of al.I classe.s of per$ons committed by the Courts of a district or a sub~ivision thereof; (8) "sub-jail", which is ·synonymo~s with "subsidiary jail'~; . means a class .·of •. prison meant for detention of undertrial persons committed by-the Courts of a district or a sub-division thereof; (9) "special jail" means a class of prison meant for detention of, such,, class. or cl.asses of perso~s as specified by rules made under this Aqt af'!d orders mad~ . under $_Uch rules; (10) "ppen jail" meaRsv.~ cl~.ss of .prison ~)th a demarcated .periphery but withqvt aoy high enclosu(e wall and meant . .for detentio'1 of qffenders sentenced to relatively long terms of imprisonment, after satisfactorily serving .a part of _such imprisonment Jn closed prisons, with a view to developing their sense of responsibility, self- diseipline-and self-esteem prior.to release from prison; ' . - ·' .. . . . .... (11) "?Jffence" means an act or omissiqp punishable . tp under any law in force; I ! J I 1 ! : i , 1 I I .. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 (12) "offender" means a person convicted of any offence; (13) "prison offence" means such act or omission on the part of an inmate as specified in section 70 and . made punishable under section 71 and sub-section (1) of section 74; (14) "inmate• means a person detained in prison under the writ, warrant or order of any Court; (15) "adult inmate" means an inmate who has attained the age of twenty-one years; (16) "adolescent inmate" means an inmate who has attained the age of eighteen years, but has not attained the age of twenty-one years; (17) "convicted inmate" means an inmate under a sentence of death or imprisonment imposed on conviction by a Court exercising criminal jurisdiction or by a Court Martial, and includes a person committed to prison in . default of furnishing security to keep the peace or be of good behaviour under section 122 of Chapter VIII of the Code of Criminal Procedure, 1973, or in default of ~~n~~f payment of maintenance under section 125 of Chapter IX 197 4 of the said Code; (18) "undertrial inmate" means a person accused of an offence and committed to prison by a Court exercising criminal jurisdiction or by a Court Martial pending the investigation, inquiry or trial of such offence: (19) ucivil inmate" means a person. committed to prison by a Court exercising civil jurisdiction or by an officer under any law relating to recovery of public demands; (20) "detenu" means a person committed to prison under any law providing for preventive detention; 1361 ·t ·' I ;f _13_6_2 ____ T_H_E_A_SS_AM __ G_AZ_E_'I_l_'E.;_, E_XTRA _· __ O.;....RD _ IN_AR _· _Y.:....:. , MA ~Y .:....:.... 30:.:.' .:.. 20:..:l.:. 3 _____ ~ (21r"inmate of unsound mind" means - (a) a person accused of an offence, who is alleged to be of unsound mind and Is committed to prison under section 328 of the Code of Criminal Procedure, 1973 pending medical examination, or (b) a person accused of an offence, who is Central Act 2 of 1974 found . to be of · unsound mind and Central consequently incapable of making his Act 2 of 1974 defence and is committed to prison under section 330 of the Code of Crimin~! Procedure, 1973 for safe custody, or (c) a person acquitted of an offence on Central grounds of unsoundness of mind, who is · Act 2 of 1974 committed to prison under section 335 of the Code of Criminal Procedure, 1973 for safe custody, or ' •f (d) a· convicted inmate who is found to be of · .. unsound mind; (22) "separate confinemenr means such confinement as secludes an inmate from .communication with, but not from the sight of, other inmates, and allows him not less than one hour's exercise· per day and to have his meals in association with one or more other inmates; (23) "Imprisonment" includes imprisonment for Jife; (24) "imprisonmenHor life" means imprisonment fpr the entire life of ·the ,person under sentence of imprisonment for life, unless such sentence is remitted earlier by the appropriate Government; (25) "prohibited article" means an article, the introduction or removal of which Into or out of a prison is prohibited byany rule made under this Act; ·~. .. THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1363 (26) "history ticker means the ticket exhibiting such information in respect of an inmate as is specified under this Act or prescribed by rules made thereunder; (27) "remission" means a concession granted under the provisions of section 65 to a convicted inmate, as a consequence of which ·the sentence of imprisonment, except where the sentence is one of imprisonment for life, of the inmate is shortened; (28) "furlough" means the temporary conditional release of a convicted inmate on leave or on emergency grounds granted under the provisions of section 66; (29) "parole" means the premature conditional release of a convicted inmate granted under the provisions of section 67; (30) "day-release" means conditional release of a convicted inmate during the day time granted under the provisions of section 68; (31) "Inspector General" means the Inspector General of Prisons, Assam; (32) "Superintendent" means the Superintendent of a prison; (33) .. Medical Officer'' means a Doctor appointed as Medical Officer of a prison; (34) "officer of a prison" means an officer appointed under section 8; (35) "prescribed" means prescribed by rules made under this Act; @6) "section" means section of this Act. 1364 Establish- ment of Prison THE ASSAM GAZETIB, EXTRAOROINARY, MAY 30, 2013 (37) the word •he" and Its derivatives ahail be construed to mean ·~my ·person, whether male or female; (38) words and . expressions used in this Act and not defined herein but defined in the Indian Penal Code, 1860 and the Code of Criminal Prooedure, 1973 shall have the same meanings as assigned to them in the said Codes. CHAPTER- II, ESTABLISHMENT OF PRISON