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  "title": "GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE ACT, 1926",
  "source_collection": "Punjab",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BDJSZgAwWm0-",
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  "text": "Good Conduct Prisoners’ Probational Release \r\n1926: Act X \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Power of Government to release by license on conditions imposed by it. \r\n3. Period for which license is to be in force. \r\n4. Period of release to b e reckoned as imprisonment for computing period \r\nof sentence served. \r\n5. Form of license. \r\n6. Power to revoke license. \r\n7. Released absconders who escape from supervision to be punishable. \r\n8. Power to make rules. \r\n \r\nTHE GOOD CONDUCT PRISONERS’ PROBATIONAL \r\nRELEASE ACT, 1926 \r\n(X of 1926) \r\n \r\nTEXT \r\n1\r\nTHE GOOD CONDUCT PRISONERS’ PROBATIONAL RELEASE \r\nACT, 1926 \r\n(X of 1926) \r\n[11 June 1926] \r\nAn \r\nAct \r\nto provide for the release of good conduct prisoners on conditions imposed by the \r\n2\r\n[Provincial Government]. \r\nPreamble.– WHEREAS it is expedient to provide for the conditional release from prison of \r\ngood conduct prisoners in certain cases before the completion of the term of imprisonment \r\nto which they have been sentenced, and whereas the previous sanction of the Governor -\r\nGeneral under sub -section (3) of section 80 -A of the Government  of India Act has been \r\nobtained, It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the Good \r\nConduct Prisoners’ Probational Release Act, 1926. \r\n (2) \r\n3\r\n[It extends to the whole of the Province of \r\n4\r\n[the Punjab], except the \r\n5\r\n[Tribal \r\nAreas].] \r\n (3) It shall come into force on such date\r\n6\r\n as the \r\n7\r\n[Provincial Government] may by \r\nnotification appoint in this behalf. \r\n2. Power of Government to release by license on conditions imposed by it .– \r\nNotwithstanding anything contained in section 401 of the Code of Criminal Procedure, 1898\r\n8\r\n, \r\nwhere a person is confined in prison under a sentence of imprisonment, and it appears to \r\nthe \r\n9\r\n[Provincial Government] from his antecedents or his conduct in the prison that he is \r\nlikely to abstain from crime and lead a useful and industrious life, if he is released from \r\nprison, the \r\n10\r\n[Provincial Government] may by license permit him to be released on condition \r\nthat he be placed under the supervision or authority of \r\n11\r\n[a \r\n1\r\n[servant of the State]]  or a \r\n                                                           \r\n1For Statement of Objects and Reasons, see Punjab Gazette , 11.06.1926, Part I, p.  544; and for Proceedings in Council, see \r\nPunjab Legislative Council Debates, Voume IX-B, pp. 1109-11. This Act received the assent of the Governor of the Punjab on \r\nJuly 21, 1926; that of the Governor-General on 16th August 1926 and was published in the Punjab Gazette, June 11, 1926. This \r\nAct came into force on May 1, 1927, vide Notification No. 13272, dated April 27, 1927. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3Substituted by the West Pakistan Good Conduct Prisoners’ Probational Release (Extension) Act, 1958 (VII of 1958), published \r\nin the Gazette West Pakistan (Extraordinary), April 10, 1958, pp. 533-534, s. 2. \r\n4Substituted for the wo rds “West Pakistan” by read with Schedule of the Punjab Laws (Adaptation) Order, 1974 (I of 1974), \r\npublished in the Punjab Gazette (Extraordinary), November 20, 1974, pp. 1425-A-1425-PP, s. 2.  \r\n5Substituted for the words “Federal Capital and the Special Ar eas” by the Good Conduct Prisoners’ Probational Release (West \r\nPakistan Amendment) Act, 1964 (XXV of 1964), published in the Gazette of West Pakistan (Extraordinary), April 11, 1964, pp. \r\n1207-G-1207-H, s. 2. \r\n6This Act came into force on May  1, 1927 vide Pun jab Government (Jails) Notification No. 13272, dated April  27, 1927, \r\npublished in the Punjab Gazette, Part-I, dated April 29, 1927, p. 394. \r\n7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, pu blished \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n8V of 1898. \r\n9Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, p ublished \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n10Ibid. \r\n11Substituted for the words “Government officer” by the Order ibid., Article 3 read with Schedule I. \r\nsecular institution o r of a person or society professing the same religion as the prisoner, \r\nnamed in the license and willing to take charge of him. \r\nExplanation.– The expression “sentence of imprisonment” in this section shall include \r\nimprisonment in default of payment of fine and imprisonment for failure to furnish security \r\nunder Chapter VIII of the Code of Criminal Procedure, 1898\r\n2\r\n. \r\n3. Period for which license is to be in force .– A license granted under the provisions \r\nof section 2 shall be in force until the date on which the person released would, in the \r\nexecution of the order or warrant authorising his imprisonment, have been discharged from \r\nprison had he not been released on license, or until the license is revoked, whichever is \r\nsooner. \r\n4. Period of release to be reckoned as  imprisonment for computing period of \r\nsentence served .– The period during which a person is absent from prison under the \r\nprovisions of this Act on a license which is in force shall be reckoned as a part of the period \r\nof imprisonment to which he was sentenc ed, for the purpose of computing the period of the \r\nsentence and for the purpose of computing the amount of remission of his sentence which \r\nmight be awarded to him under any rules in force relating to such remission. \r\n5. Form of license .– A license granted u nder the provisions of section 2 shall be in \r\nsuch form and shall contain such conditions as the \r\n3\r\n[Provincial Government] may, by general \r\nor special order or by rules\r\n4\r\n made in this behalf, direct. \r\n6. Power to revoke license.– (1) The \r\n5\r\n[Provincial Government] may at any time revoke \r\na license granted under the provisions of section 2. \r\n(2) An order of revocation passed under the provisions of sub -section (1) shall \r\nspecify the date with effect from which the license shall cease to be in force and shall be \r\nserved in such manner as the \r\n6\r\n[Provincial Government] may by rules\r\n7\r\n prescribe, upon the \r\nperson whose license has been revoked. \r\n7. Released absconders who escape from supervision to be punishable .– (1) If \r\nany person escapes from the supervision or authority of  \r\n8\r\n[a \r\n9\r\n[servant of the State]] or secular \r\ninstitution, or a society or person in whose charge he has been placed under the provisions \r\nof section 2, or if any person whose license has been revoked under the provisions of \r\nsection 6, fails, without lawful excus e, the burden of proving which shall be upon him, to \r\nreturn to the prison from which he was released, on or before the date specified in the order \r\nof revocation, such person shall on conviction by magistrate be punishable with \r\nimprisonment for a term which may extend to two years or with fine, or with both. \r\n                                                                                                                                                                                     \r\n1Substituted for th e words “servant of the Crown” by the West Pakistan Laws (Adaptation) Order, 1964, published in the \r\nGazette of West Pakistan (Extraordinary), June 3, 1964, pp. 1805-1849, sub-section (1) of s. 2 read with Schedule, Part II. \r\n2V of 1898. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n4For rules see Notification No. 13273, published in the Punjab Gazette, Part I, dated April 29, 1927, pp. 395-398  \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n6Ibid. \r\n7For rules see Notification No. 13273, published in the Punjab Gazette, Part I, dated April 29, 1927, pp. 395-398.  \r\n8Substituted for the words “Government officer” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 3 read with Schedule I. \r\n9Ibid. \r\n(2) An offence punishable under the provisions of sub -section (1) shall be \r\ndeemed to be a cognizable offence within the meaning of clause (f) of sub -section (1) of \r\nsection 4 of the Code of Criminal Procedure, 1898\r\n1\r\n. \r\n8. Power to make rules .– The \r\n2\r\n[Provincial Government] may make rules\r\n3\r\n consistent \r\nwith this Act– \r\n(1) for the form and conditions of licenses on which prisoners may be released; \r\n(2) for defining the powers and duties of Government officers, soci eties or \r\npersons, under whose authority or supervision, conditionally released prisoners may be kept; \r\n(3) for defining the classes of offenders who may be conditionally released and \r\nthe periods of imprisonment after which they may be so released; \r\n(4) generally for carrying into effect all the purposes of this Act. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1V of 1898. \r\n2Substituted for the words “Local Government” by the Government of Indi a (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), April 1, 1937, pp. 75-344, Article 4(1) read with Table of General Adaptations. \r\n3For rules see Notification No. 13273, published in the Punjab Gazette, Part I, dated April 29, 1927, pp. 395-398.",
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