Amendment status not verified — confirm the current text below against the official source.
Tehri Garhwal District Tehri-Garhwal (Do.) Order, 1949 Ditto Ditto 4- Subs. by the A. O. 1950 for [the United Provinces]. 5- The Act came into force on Jan. 15,1939, see not. no. 3436/VI-1651(7).37, date December. 17, 1938, in Gaz. 1938, Pt. VIII, p. 1287. 6- Subs. by the A. O. 1950 for [Provincial Government]. 141 [The United Provinces Prisoners Release on Probation Act, 1938] [Section 3-7] Act V of 1898 Explanation-- The expression "sentence of imprisonment" in this section shall include imprisonment in default of payment of fine and imprisonment for failure to furnish security under Chapter VIII of the Code of Criminal Procedure 1898. Period for which licence is to be in force 3- A licence granted under the provisions of section 2 shall be in force until the date on which the person released would, in the execution of the order of warrant authorizing his imprisonment, have been discharged from prison bad he not been released on licence, or until the licence is revoked, whichever is earlier. Period of release to be reckoned as imprisonment for computing period of sen- tence served 4- The period during which a person is absent from prison under the provisions of this Act on a licence which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced, for the purpose of computing the period of his sentence and for the purpose of computing the amount of remission of sentence which might be awarded to him under any rule in force relating to such remissions. Form of licence 5- A licence granted under the provisions of section 2 shall he in such form and shall contain such conditions as the [State Government]1 may, by general or special order or by rules made in this behalf, direct. Power to revoke licence 6- (1) The [State Government]1 may at any time for reasons to be recorded in writing revoke a licence granted under the provisions of section 2 : Provided that no licence shall be revoked on the ground of the breach of a condition of the licence without giving an opportunity to the person concerned to represent his case before the District Magistrate of the district in which he is residing at the time. (2) An order of revocation passed under the provisions of sub-section (1) shall specify the date with effect from which the licence shall cease to be in force, and shall be served, in such manner as the [State Government]1 may, by rule prescribe, upon the person whose licence has been revoked. Released absconders who escape from supervision to be punishable Act V of 1898 7- (1) If any person escapes from the supervision or authority of a Government officer or secular institution or a society or person in whose Charge he has been placed under the provisions of section 2, or if any person whose licence has been revoked under the provisions of section 6, fails, without lawful excuse, the burden of proving which shall be upon him to return to the prison from which he was released, on or before the date specified in the order of revocation, such person shall on conviction by a magistrate be liable to serve the unexpired portion of his original sentence add shall also be punishable with imprisonment for a further tell in which may extend, to two years or with fine not exceeding rupees two hundred, or with both. (2) An offence punishable under sub-section (1) shall be Cloned to be a cognizable offence within the meaning of clause (j) of sub- section (1) of section 4 of the Code of Criminal Procedure, 1898. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1- Subs. by the A. O. 1950 for [Provincial Government]. 142 [The United Provinces Prisoners Release on Probation Act, 1938] [Section 8-9] Power to Government to remit sentence Act V of 1898 8- (1) The [State Government]1 may remit the whole or a part of the sentence of a person sentenced to imprison for an offence under any Act, on such person entering in to a bond, with one or more sureties, in such amount and for such period as the [State Government]1 may direct, to be of good behavior and to observe such conditions as to residence or otherwise as the [State Government]1 may impose. (2) The provisions of sections 126, 126-A, 514, 5l4 -A, 514-B and 515 of the Code of Criminal Procedure, 1898, shall, so far as they may be, apply in the case of sureties offered and bonds given under this section as if they had been offered and given under Chapter VIII of the said Code : Provided that if any person required under section 126-A or 514-A of the said Code to furnish fresh security fails to furnish the same the [State Government]1 may cancel the order passed under sub-section (1) and order that such person shall serve the whole or so much of his unexpired sentence as the [State Government]1 may direct. (3) If any person released under sub-section (1) fails to observe the conditions of his bond, the [State Government]1 may direct that he be re-arrested and sent to prison to serve the whole or such part of his unexpired sentence as it may direct, in addition to any proceedings that may be taken against him or his surety or sureties in respect of such bond under the said Code. Power to make rules 9- The State Government may make rules consistent with this Act------ (1) For the form and conditions of licences on which prisoners may be released; (2) For the appointment of Government officer, the recognition of institutions and societies referred to in section 2; (3) For defining the powers and duties of Government officers, institutions or persons, under whose authority or supervision, conditionally released prisoners may be kept; (4) For defining the classes of offenders who may be conditionally released, and the periods of imprisonment after which they may be so released; (5) For prescribing the manner in which an order of revocation of a licence shall be served on the person whose licence is revoked; (6) Generally for carrying into effect all the purposed of this Act. ----------------------------------------------------------------------------------------------- 1- Subs. by the A.O. 1950 for (provincial Government).