The GOOD CONDUCT PRISONERS' PROBATIONAL RELEASE ACT, 1938
###### ASSAM ACT II OF 1938

THE GOOD CO)J'DUCT PRISO~ERS'

PROBATIONAL RELEASE ACT, 1938

(Passed by the Assam Legislature]

(Received the assent of the Governor on the 12th

Septeunber 1938]

(Published in the _Assam_ _Ca;;ette of the 21st Sept,.mber_ 1938]

###### An .let to firovide for the release if good conduct prison·

_er.r,_ _ot1_ _conditions_ _imposer!_ _b;t_ _the_ _Provincial_

_Government._

Preamble. WHI'.REAS it is expedient to provide for the

conditional release from prison of good conduct
p1 isoncrs in certain cases before the completion of
the term of imprisonment to which they have
brrn sentenced, it is hereby enacted as

follows:-

Shon ciclc:, I. (1) This Act may be called the Good Con·

c.-:-<cent and duct Ptisoners' Probational Re1ease Act, 1938.
commence·
men c.

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the

Provincial Government may, by publication in
the Assam _Gru:tllt,_ speci(y in this behalf.

Power or 2. Notwithstanding anything contained in

Cove"roment section 40 l of the Code of Criminal Procedure,

t~ relen~c by 1898, where a person is confined in prison under v of 1898.

hcen~c on a sentence of imprisonment, and it appears to the
condttion& J>           - • 1 C r: hi d
imposed by rovmc1a ovemmcnt trom s autece ents or

it, his conduct in the prison that he _is_ likely to

abstain from crime and lead a useful and indus·

triou~ life, if he is released from prison, the
J>rovincinl Government may by license permit
him to be released on condition _(n)_ that he be
placed under the supervision or authority of a

servant of the Crown or a secular instituticon or
of a person, or society professing the same religion

as the prisoner, named in the license and willing
to take charge of him, and (b) that he gives an
undertaking in writing to conform to the terms

of his license .

#### • [Price 4 annas or Sd.]

###### •


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###### 2

_E-cpfnnntion.-The_ expression '':.entence of

imprisonment'' in this section shaU, in ca~e of
persons under 21 years of age, include impri~on­
ment in default of payment of fine and imprison-

ment for failure to furnish security under Chap-
ter \'Ill of the Code of Criminal ProceduJ·c, Vor l89'l.,

1898.

###### ,

Period fur 3. A license granted under the prov1S1ons of

which liYn· section 2 shall be in force until the date on which
##### f ia to be in the person released would, in the execution of the

orce. order or warrant authoriZing his imprisonment,             -

have been discharged from prison had he not
been released on license, or until the license is
revoked, whichever is sooner.

Period or 4. The period during which a Person is absent

rciCAUc to from prison under the provisions of tbis Act on a

be. rcck~ncd license which is in force shall be reckoned as a

&$ rncnt •mpnson· ror part o t e f h pen 'od o f · nnpnsonment · to w 1 uc · I I 1 1e

corupuciog was sentenced, for the purpose of computing

prriod of the penod of his sentence.

acnccocc
acn.cd.

r~planalion.-Any period of remtSSlOO earned

under existing rules while undergoing imprison-
ment shall be added to the period actually served
in jail when computing the total period of the

prisoner's sentence .

###### •

Forrn or 5. A license granted under the pro\ isions of
licc:oac:. secLion 2 shall be in such form and shaU conWtn

such conditions as tl-te Provincial Coveramcnt

may by rules, or, in special cases, orders, made

in this behalf djrcct.

PowC'r to _6._ (1) The Provincial Government may at any
revoke time revoke a license granted under the provi-

lictnse. sions of section 2.

(2) An order of revocation passed under the

provi~ions of sub-section (1} shall specifr the date
with effect from which the hceose shall cease to
be in force, and shall be sen·ed in such manner
as the Provincial Go,·ernment may by mle pres·
cribe, upon the person whose license has been

###### revoked. •


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(3) Notwithstanding anything contained in

section 4 of this Act, a released prisoner, whose
license is revoked for failure to comply

with the terms of his license shall be re-committed
to prison and shall serve the unexpired term of
the original sentence, and in case of such revxa·

tion he will not be granted any remission for the
time during wluch he was out of prison on
probation.

###### , Power to 7. The Provincial Government may make rules

__L -_ make ru!ea. consistent with this Act-

(1) for the form and conditions of licenses
on which prisoners may be released ;

(2) for defining the powers and duties of

servants of the Crown, societies or

persons, under whose authority or

supervision conditionally released

prisoners may be kept ;

(3) for defining the classes of offenders who

may be conditionally released and the
periods of imprisonment after which
they may be so released ;

(ol) generally for carrying into effect all the

purposes of this Act.

A.G.P. (Leg.) No.65/50-10G-28·7-19Sl.
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