(xxi)

Haryana Government Gazette

EXTRAORDINARY

Published by Authority

No. 66–2022/Ext.]

CHANDIGARH, MONDAY, APRIL 11, 2022

(CHAITRA 21, 1944 SAKA )

LEGISLATIVE SUPPLEMENT

CONTENTS

PART - I

ACTS

PAGES

THE HARYANA GOOD CONDUCT PRISONERS (TEMPORARY

RELEASE) ACT, 2022.

(HARYANA ACT NO. 15 OF 2022).

85–98

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PART - II

ORDINANCES

NIL

PART - III

DELEGATED LEGISLATION

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81–95

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96–97

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98–99

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100–101

PART - IV

CORRECTION SLIPS, REPUBLICATIONS AND

REPLACEMENTS

NIL

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

PART - I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 11th April, 2022

No. Leg. 15/2022.— The following Act of the Legislature of the State of Haryana received

the assent of the Governor of Haryana on the 31st March, 2022 and is hereby published for general

information:–

HARYANA ACT NO. 15 OF 2022

THE HARYANA GOOD CONDUCT PRISONERS (TEMPORARY RELEASE)

ACT, 2022

ACT

to provide for the temporary release of prisoners for good conduct on certain conditions.

Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the

Republic of India as follows:–

(1)

This Act may be called the Haryana Good Conduct Prisoners (Temporary Release)

Act, 2022.

(2)

It extends to the whole of the State of Haryana.

(3)

It shall be applicable to all such convicted prisoners who have been confined by the

orders of Courts having jurisdiction in Haryana.

(4)

It shall come into force on such date as the State Government may, by notification

in the Official Gazette, appoint in this behalf.

Short title, extent

application and

commencement.

(1)

In this Act, unless the context otherwise requires,-

(a)

“competent authority” means the competent authority as notified by the State

Government for the purposes of this Act;

(b)

“convicted prisoner” means a person confined in a jail or other institution of

like nature under a sentence of imprisonment for life or imprisonment by any

Court in India or the Court-martial or any other authority exercising the

powers of a Criminal Court;

(c)

“Deputy Commissioner of Police” means the Deputy Commissioner of Police

of the district within whose jurisdiction the convicted prisoner after his

temporary release under this Act is likely to reside during the period of his

temporary release;

(d) “District Magistrate” means the District Magistrate of the district within

whose jurisdiction the convicted prisoner after his temporary release under

this Act is likely to reside during the period of his temporary release;

(e)

“Form” means form appended to this Act;

(f)

“furlough” means temporary release from custody of a convicted prisoner as

an incentive on account of his good behaviour and conduct over a period of

time as specified under this Act. The period of furlough may count towards

the awarded sentence subject to the conditions as specified in this Act or rules

made thereunder;

(g)

“hardcore convicted prisoner” means any prisoner-

(i)

who has been convicted for any of the following offences:-

(1)

robbery under section 392 or section 394 of the Indian Penal

Code, 1860 (Central Act 45 of 1860); or

(2)

dacoity under section 395 or section 396 or section 397 of the

Indian Penal Code, 1860 (Central Act 45 of 1860); or

Definitions.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

(3)

kidnapping for ransom under section 364-A of theIndian Penal

Code, 1860 (Central Act 45 of 1860); or

(4) murder or attempt to murder for extortion under section 387 read

with section 302 or section 387 read with section 307 of the Indian

Penal Code, 1860 (Central Act 45 of 1860); or

(5) rape or penetrative sexual assault or aggravated penetrative sexual

assault or unnatural offence with murder under section 376 or

section 377 read with section 302 of the Indian Penal Code, 1860

(Central Act 45 of 1860); or

(6) rape or penetrative sexual assault or aggravated penetrative sexual

assault or unnatural offence with a child below sixteen years of

age; or

(7) gang rape or rape as covered under section 376-A or section 376-C

or section 376-D or section 376-E of the Indian Penal Code, 1860

(Central Act 45 of 1860); or

(8) serial killing i.e. murder under section 302 of the Indian Penal

Code, 1860 (Central Act 45 of 1860) in two or more cases in

different First Information Reports (FIRs); or

(9) murder under section 302 of the Indian Penal Code, 1860 (Central

Act 45 of 1860), if the offender is involved in contract killing as

apparent from the facts mentioned in the judgment of the case; or

(10) lurking house trespass and convicted under section 458 or section

459 or section460 of theIndian Penal Code, 1860 (Central Act 45

of 1860); or

(11) offence under section 121 or section 121-A or section 122 or

section 123 orsection 124 or section 124-A of theIndian Penal

Code, 1860 (Central Act 45 of 1860); or

(12) immoral trafficking under sections 3, 4 or 5 of the Immoral Traffic

(Prevention) Act, 1956 (Central Act 104 of 1956) involving minors

or under sections 366-A, 366-B, 372 or section 373 of the Indian

Penal Code, 1860 (Central Act 45 of 1860); or

(13) offence under section 15(c) or section 17(c) or section 18(b) or

section 19 or section 20(c) or section 21(c) or section 22(c) or

section 23(c) or section 24 or section27-A of the Narcotic Drugs

and Psychotropic Substances Act, 1985 (Central Act 61 of 1985);

(14) escaping or helping to escape from lawful custody and convicted

under section 224 or section 225 oftheIndian Penal Code, 1860

(Central Act 45 of 1860);

(ii) who during a period of five years immediately before his conviction has

earlier been convicted and sentenced for commission of one or more

offences mentioned in Chapter XII or XVII of the Indian Penal Code,

1860 (Central Act 45 of 1860), except the offences covered under clause

(i) above, committed on different occasions not constituting part of the

same transaction and as a result of such conviction has undergone

imprisonment at least for a period of twelve months:

Provided that if a conviction which has been set-aside in appeal or

revision then any imprisonment undergone in connection therewith shall

not be taken into account for the above purpose; or

(iii) who has been sentenced to death penalty or imprisonment till natural

life; or

(iv) who has been found in possession or detected of using wireless

communication device or its components or any unauthorised electronic

device inside the jail premises; or

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

(v)

who fails or failed to surrender himself within a period of ten days from

the date on which he should have so surrendered on the expiry of the

period of parole or furlough for which he was released; or

(vi) who commits a cognizable offence punishable with imprisonment for a

period of seven years or above during confinement in the jail or during

his temporary release under this Act; or

(vii) who has been punished more than two times with a major punishment by

the Superintendent Jail concerned for committing any jail offence or

convicted in judicial proceedings by the concerned Court; or

(viii) who has been detained or convicted under the National Security

Act, 1980 (Central Act 65 of 1980), the Terrorist and Disruptive

Activities (Prevention) Act, 1987 (Central Act 28 of 1987), the Official

Secrets Act, 1923 (Central Act 19 of 1923), theForeigners Act, 1946

(Central Act 31 of 1946) or any Act (Central or State) for control of

organised crime;

(h)

“member of convicted prisoner’s family” means the spouse, children, sibling,

parent, grand parent and grand children of convicted prisoner;

(i)

“parole” means temporary release of a convicted prisoner from custody and is

categorized as under:-

(i)

‘custody parole’ means escorting of a convicted prisoner under armed

police custody to the place of visit (within the territory of Republic of

India) and return therefrom for a specific period and for specific reasons

as provided under this Act;

(ii) ‘emergency parole’ means parole granted to a convicted prisoner by the

Superintendent Jail when a member of the convicted prisoner’s family

has died or is in serious condition or the convicted prisoner himself is in

serious condition under section 5;

(iii) ‘regular parole’ means parole granted to a convicted prisoner by the

competent authority under section 3;

(j)

“Superintendent of Police” means the Superintendent of Police of the district

within whose jurisdiction the convicted prisoner after his temporary release

under this Act is likely to reside during the period of his temporary release;

(k)

“sentence” means sentence of imprisonment finally delivered in appeal or

revision or otherwise and includes an aggregate of one or more sentence;

(l)

“Superintendent Jail” means the officer-in-charge of jail or other institution of

like nature in which the convicted prisoner is confined;

(m) “State Government” means the Government of the State of Haryana in the

administrative department;

(n)

“temporary release” means temporary release of a convicted prisoner on

custody parole or emergency parole or regular parole or furlough.

(2)

Words and expressions used herein but not defined shall have the same meaning as

assigned to them under the Prisons Act, 1894 (Central Act 9 of 1894), rules made thereunder and

as contained in the Punjab Jail Manual.

(1)

The competent authority shall grant regular parole to a convicted prisoner subject to

such conditions and procedure as specified under sections 11 and 12.

(2)

The period for which a convicted prisoner may be released under this section shall

be ten weeks in a calendar year cumulatively and the convicted prisoner may avail it in two parts:

Provided that in case of delivery of a female convicted prisoner, the period of

release under this section shall be six months, beginning from one month prior to the expected

date of delivery as certified by the Medical Officer of the jail.

(3)

Convicted prisoner who has not completed one year of sentence after conviction

shall not be eligible for regular parole:

Temporary

release of

convicted

prisoner on

regular parole on

certain

conditions.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

Provided that the restriction shall not be imposed on old aged convicted prisoner

ofseventy years or above in case of male and sixty-five years or above in case of female.

(4)

The report of the Deputy Commissioner of Police orthe Superintendent of Police, as

the case may be and recommendations by the District Magistrate shall be submitted to the

competent authority within time limit as specified under this Act, for temporary release of a

convicted prisoner on regular parole.

(5)

The period of release under this section shall not count towards the actual sentence

of a prisoner. No ordinary remission shall be granted for this period.

Temporary

release of

convicted

prisoner on

furlough on

certain

conditions.

(1)

The competent authority shall grant furlough to a convicted prisoner subject to such

conditions and procedure as specified under sections 11 and 12.

(2)

The period for which a convicted prisoner may be released under this section shall

be three weeks and this period shall not be availed in parts:

Provided that the convicted prisoner who has completed his three/fourth of the total

sentence in case of term sentence and ten years in case of life imprisonment, the period of release

under this section shall be four weeks and this period shall not be availed in parts.

(3)

Convicted prisoner who has not completed three years sentence after conviction

shall not be eligible for furlough:

Provided that the convicted prisoner who has been punished for any jail offence or

for violation of conditions of temporary release during the last three years shall not be eligible for

furlough:

Provided further that the convicted prisoners sentenced under the Narcotic Drugs

and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) or sedition or rape with murder

or robbery or dacoity with murder or murder with intention of collecting ransom or extortion or

sexual offences against a child below twelve years of age or sentenced to undergo imprisonment

till natural life shall not be eligible for furlough.

(4)

The report of the Deputy Commissioner of Police or the Superintendent of Police, as

the case may be and recommendation by the District Magistrate shall be submitted to the

competent authority within time limit as specified under this Act, for temporary release of a

convicted prisoner on furlough.

(5)

Subject to the provisions of clause (d) of sub-section (3) of section 9, the period of

release under this section shall count towards the actual sentence undergone by a prisoner.

Temporary

release of a

convicted

prisoner on

emergency

parole on certain

conditions.

(1)

The competent authority shall grant emergency parole to a convicted prisoner

subject to such conditions and procedure as specified under sections 11 and 12. Emergency parole

shall be granted to a convicted prisoner any time irrespective of the period of sentence undergone

by him if a member of the convicted prisoner’s family has died or is in serious condition or the

convicted prisoner himself is in serious condition.

(2)

The competent authority shall verify the facts through in-charge of the police station

concerned or through a jail officer not below the rank of Assistant Superintendent Jail who shall

submit his report within twenty-four hours. The facts of the serious condition of the convicted

prisoner or his family member shall be certified by the Medical Officer concerned and

countersigned by the Civil Surgeon concerned.

(3)

The period for which a convicted prisoner may be released under this section shall

be decided by the competent authority which shall not exceed four weeks in a calendar year

cumulatively and the period may be in parts.

(4)

The period of release under this section shall not count towards the actual sentence

of a prisoner. No ordinary remission shall be granted for this period.

Temporary

release of a

convicted

prisoner on

custody parole

and special

provisions for

hardcore

convicted

prisoners.

(1)

The competent authority shall grant custody parole to a convicted prisoner subject to

such conditions and procedure as specified under sections 11 and 12.

(2)

Notwithstanding anything contained in sections 3, 4 and 5, no hardcore

convicted prisoner shall be entitled to be released on emergency parole or regular parole or

furlough:

Provided that a hardcore convicted prisoner may be granted custody parole for

attending funeral of his family members or marriage of his children or siblings.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

(3)

Notwithstanding anything contained in sub-section (1), a hardcore convicted

prisoner, who has not been awarded death penalty or life imprisonment till natural life and has

completed five years of his sentence (including maximum two years under trial period), without

committing any major jail offence or any cognizable offence during the last five years, shall be

entitled for emergency parole or regular parole or furlough at par with convicted prisoners. Such

period of five years shall be counted from the date of his latest offence or act which falls under the

category of hardcore convicted prisoner:

Provided that a hardcore convicted prisoner who has been sentenced for imprisonment till

natural life shallbe eligible for emergency parole orregular parole at par with convicted prisoners

only after completion of seven years of imprisonment after conviction:

Provided further that if the hardcore convicted prisoner so released temporarily violates

any condition of parole or furlough or commits any cognizable offence, he shall be debarred from

such release for next three years.

(4)

Convicted prisoner including hardcore convicted prisoner may be granted custody

parole without taking into account his period of completion of sentence for attending funeral of

his family member or marriage of his children or siblings.

(5)

The competent authority shall verify the facts for granting custody parole through

in-charge of the police station where the prisoner wants to avail the custody parole or through a

jail officer not below the rank of Assistant Superintendent Jail.

(6)

Custody parole shall not be granted for more than six hours for one event excluding

the journey time and the police escort guard for the custody parole shall be provided by the

Superintendent of Police or the Deputy Commissioner of Police of the district within whose

jurisdiction the jail is situated. The period of custody parole shall be treated as period spent in jail.

For the purpose of calculating the period of temporary release of a prisoner under sections

3, 4 and 5, the dates of departure from and arrival at the jail shall be excluded.

Exclusion of

certain days in

computing period

under sections 3,

4 and 5.

Notwithstanding anything contained in this Act, no convicted prisoner shall be entitled to

be released under this Act if, on the report of the District Magistrate or the Deputy Commissioner

of Police or the Superintendent of Police or otherwise, the State Government or the competent

authority is satisfied that his release is likely to endanger the security of the State or the

maintenance of public order or cause reasonable apprehension of breach of peace.

Prisoner not

entitled to be

released in

certain cases.

(1)

On the expiry of the period for which a convicted prisoner is released under this

Act, he shall surrender before 05:00 PM on the day of surrender at jail from which he was

temporarily released. Surrender from temporary release in an intoxicating state shall be treated as

jail offence.

(2)

If a convicted prisoner does not surrender himself as required by sub- section (1)

within a period of ten days from the date on which he should have surrendered, it shall amount to

an offence and he shall be arrested by any Police Officer or Jail Officer without a warrant and

shall be handed over to the officer-in-charge of the jail from which he was released to undergo the

unexpired portion of his sentence.

(3)

If a convicted prisoner surrenders himself before the Superintendent Jail from

which he was released within a period of ten days of the date on which he shouldhave surrendered

but fails to satisfy the Superintendent Jail that he was prevented by any sufficient cause from

surrendering himself immediately on the expiry of the period for which he was released, the

Superintendent Jail may award to the prisoner all or any of the following penalties after affording

the prisoner a reasonable opportunity of being heard, namely:-

(a)

a maximum cut of five days remission for each day of overstay;

(b)

stoppage of canteen concession for a maximum period of one month;

(c)

withholding concession of interviews (including electronic interviews) for a

maximum period of three months;

(d)

not to count the period of temporary release on furlough of the prisoner under

section 4 towards his sentence;

Liability of

convicted

prisoner to

surrender on

expiry of

temporary release

period and

consequences of

overstaying.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

(e)

warning;

(f)

reduction from higher to a lower class or grade.

Penalty for

failure to

surrender.

10.

(1)

Any convicted prisoner guilty of an offence under sub-section (2) of section 9

shall be punishable with imprisonment of either description which shall not be less than two years

which may extend to three years and with fine upto one lakh rupees.

Explanation.— For the purposes of this section, the punishment awarded under this

section shall be in addition to the punishment(s) awarded to the

prisoner for the offence for which he was convicted earlier and shall

start after execution of all such previous punishment(s) and the period

spent during the trial of the offence committed under this Act shall not

be set off against the punishment awarded under this Act except for the

period which the prisoner spent exclusively for the offence committed

under this Act.

(2)

An offence punishable under sub-section (1) shall be deemed to be cognizable

and non-bailable.

(3)

The sureties of full amount shall be forfeited by the District Magistrate on the

recommendation of the Superintendent Jail.

(4)

Such convicted prisoner shall also be liable for any of the punishment as

specified under sub-section (3) of section 9.

General

provisions.

11.

(1)

A convicted prisoner shall be entitled for consideration for a regular parole or

furlough or emergency parole or custody parole under this Act only, if he is on bail in all the cases

which are pending against him before any Court or competent authority.

(2)

(a)

The parole or furlough cases of convicted prisoners who are convicted by the

Courts having jurisdiction outside the State of Haryana and who are

undergoing imprisonment in a jail of Haryana on reciprocal basis or otherwise,

shall be initiated by the Superintendent Jail and forwarded to the competent

authority of that State where from he was convicted, for consideration or

sanction or disposal as per the parole or furlough Act or rules of that State.

(b)

The parole or furlough cases of convicted prisoners who are convicted by the

Courts having jurisdiction in the State of Haryana and who are undergoing

imprisonment in a jail in other States on reciprocal basis or otherwise, shall be

initiated by the Superintendent Jail concerned and shall be forwarded to the

competent authority in the State of Haryana wherefrom he was convicted, for

consideration/sanction/disposal as per the provisions of this Act.

(c)

In case of a convicted prisoner of the State of Haryana who is also a convict of

the State(s) other than Haryana and is confined in a jail of Haryana or other

State, his parole or furlough case shall be decided by the competent authority

of the State where from he has been convicted and sentenced for more serious

crime. If, the prisoner is convicted for the same offence in different State(s),

his parole or furlough case shall be decided by the competent authority where

from he is convicted first. In such cases, the consent or no objection certificate

of all other State(s) shall also be obtained:

Provided that if objection is not received within one month, it shall be

presumed that the State(s) has no objection for grant of parole or furlough.

(d)

A convicted prisoner who is resident of a State other than Haryana but is a

convicted prisoner of the State of Haryana, parole or furlough case of such

convicted prisoner shall be initiated by the Superintendent Jail and forwarded

for sanction to the competent authority with a copy to the District Magistrate,

Deputy Commissioner of Police or Superintendent of Police, where the

prisoner wants to avail parole or furlough, for sending his report or

recommendation to the competent authority within the specified time limit.

(e)

In case of convicted prisoner who is sentenced by a General Court-martial, the

parole or furlough shall be granted by the Army authorities as per the

provisions of clause (d) of section 179 of the Army Act, 1950 (Central Act 46

of 1950):

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

Provided that the custody parole may be granted to such convicted

prisoner by the Superintendent Jail.

(3)

Any convicted prisoner who has been awarded a minor punishment for any jail

offence, shall not be eligible for any kind of parole for six months from the date of such offence;

and a convicted prisoner who has been awarded a major punishment for any jail offence or has

violated the conditions of temporary release, he shall not be eligible for any kind of parole for one

year from the date of such offence:

Provided that such convicted prisoner may be sent on custody parole to attend

funeral of his family members.

(4)

Subsequent parole or furlough case of a convicted prisoner shall be initiated only

after receipt of report of in-charge of police station concerned through the Superintendent of

Police or the Deputy Commissioner of Police regarding his conduct during the temporary release

or after one month of his surrender in the jail after availing last sanctioned parole or furlough,

whichever is earlier:

Provided that the emergency parole shall be granted to the convicted prisoner

anytime irrespective of the fact that his other parole or furlough case is still under consideration.

(5)

No parole or furlough shall be extended in any case.

(6)

Ordinarily, co-accused convicted prisoners shall not be granted regular parole or

furlough simultaneously.

(7)

The validity period of emergency parole warrant shall be for fifteen days from the

date of issuance of the order.

(8)

The validity period of a regular parole or a furlough warrant shall be for four

months from the date of issuance of the order. The specific date of release or surrender shall not

be fixed in the release warrant.

(9)

The criminal case under sub-section (2) of section 9 shall be registered at the police

station where the temporary release period is being spent or address given in the application by

the eligible convicted prisoner. In case of the address being outside the State of Haryana, the

criminal case shall be registered at the police station under whose jurisdiction the jail is situated.

(10)

In case of rejection of regular parole or furlough by the competent authority,

another application for the same purpose shall not be considered before a period of three months

from the date of rejection.

(11)

Before any convicted prisoner is released on parole or furlough, he shall execute a

bond amounting to minimum one lakh rupees extendable to three lakh rupees alongwith minimum

two sureties to the satisfaction of the competent authority. The bond shall be conditioned that the

convicted prisoner or the hardcore convicted prisoner, as the case may be, shall surrender before

the Jail Superintendent before the expiry of furlough or parole period:

Provided that in case of hardcore convicted prisoner, a bond shall be executed

amounting to minimum two lakh rupees extendable to five lakh rupees alongwith minimum two

sureties to the satisfaction of the competent authority:

Provided further that the surety amount shall not be more than one lakh rupees and

three lakh rupees respectively for those convicted prisoners and hardcore convicted prisoners who

have peacefully availed two regular parole and one furlough:

Provided further that the competent authority may call for more than two sureties to

a maximum limit of five by recording reasons in writing.

(12)

The competent authority while accepting the bond under sub-section (11), may

impose such conditions, as it may deem fit. The fitness or sufficiency of the sureties shall be

determined by the competent authority.

12.

(1)

An application for grant of parole or furlough may be submitted by the convicted

prisoner himself or his adult family member before the Superintendent Jail as per

Form A.

(2)

On receipt of an application from a convicted prisoner regarding custody parole or

emergency parole, the Superintendent Jail shall immediately send a request to the in-charge of the

police station concerned under intimation to the District Magistrate or the Deputy Commissioner

of Police or the Superintendent of Police to depute a jail officer not below the rank of Assistant

Procedure for

parole or

furlough.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

Superintendent to verify the facts about the custody parole or emergency parole, as the case may

be and shall satisfy himself that the reason given in the application is genuine and is according to

the provisions of this Act.

(3)

On receipt of an application from a convicted prisoner for regular parole or

furlough, the Superintendent Jail shall send the case of eligible convicted prisoner to the District

Magistrate alongwith a copy to the Deputy Commissioner of Police or the Superintendent of

Police, in-charge of the police station concerned and competent authority to grant regular parole or

furlough. In case, the convicted prisoner is not found eligible for the regular parole or furlough,

the Superintendent Jail shall pass speaking order.

(4)

The Deputy Commissioner of Police or the Superintendent of Police shall submit his

report within the specified time limit to the District Magistrate.

(5)

Only one police verification shall be necessary in a calendar year in case of those

convicted prisoners who have peacefully availed two regular paroles or one furlough. However,

the competent authority may seek fresh report at its discretion.

(6)

The District Magistrate shall submit his recommendation or non- recommendation

within the time limit as specified in sub-section (11) to the competent authority.

(7)

After receipt of recommendation or report from the quarter concerned, the

competent authority shall take a decision and issue regular parole or a furlough release warrant as

per Form B and in case of rejection of regular parole or furlough, speaking order shall be passed.

The sanction or rejection, as the case may be, shall be sent to the District Magistrate concerned

and the Superintendent Jail with a copy to the Deputy Commissioner of Police or the

Superintendent of Police and the convicted prisoner concerned.

(8)

On receipt of the parole or furlough release warrant from the competent authority,

the Superintendent Jail shall inform the prisoner concerned and such member of the prisoner’s

family as the prisoner may specify in that behalf for making arrangement for the execution of the

personal bond and surety bond as per Form C and D respectively for securing the release:

Provided that on the written request of the convicted prisoner, the Superintendent

Jail may postpone his release for a period of five days from the date of receipt of release order.

(9)

Before releasing the convicted prisoner on parole or furlough, the conditions

shall be read over to and explained to him and he shall be clearly informed of the date of his

surrender.Thereafter, his thumb impression and signatures shall be obtained on his release order

and information regarding such release shall be sent to the authorities concerned as per Form E.

(10)

The in-charge of police station concerned shall keep a watch on the conduct and

activities of the convicted prisoner during the temporary release and submit a report in this regard

to the Superintendent Jail through the Deputy Commissioner of Police or the Superintendent of

Police as early as possible, but not later than one month.

(11)

The process of deciding the application for a regular parole or furlough shall be

completed by the different authorities expeditiously. The maximum time for processing an

application for a regular parole or furlough by the different authorities shall be as under:-

Superintendent Jail

one week

Deputy Commissioner of Police or Superintendent of Police

two weeks

District Magistrate

two weeks

Competent Authority

two weeks

Provided that if the recommendation or report is not received in the stipulated

time period, the competent authority may presume that there is nothing adverse against the

prisoner and may decide the application accordingly.

Power to make

rules.

13.

(1)

The State Government may, by notification, make rules for carrying out the

purposes of this Act.

(2)

Every rule made under this Act shall be laid, as soon as may be, after it is made,

before the House of the State Legislature, while it is in session.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

14.

The Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), is

hereby repealed:

Provided that such repeal shall not affect-

(a)

the previous operation of the Act so repealed or anything duly done or suffered

thereunder; or

(b)

any right, privilege, obligation or liability acquired or incurred under the Act so

repealed; or

(c)

any penalty, forfeiture or punishment incurred in respect of any offence committed

against the Act so repealed; or

(d)

any investigation, legal proceeding or remedy in respect of any such right, privilege,

obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such

investigation, legal proceeding or remedy may be instituted, continued or enforced,

and any such penalty, forfeiture or punishment may be imposed as if this Act had not

been passed:

Provided further that anything done or any action taken under the Act so

repealed shall be deemed to have been done or taken under the corresponding

provisions of this Act and shall continue to be in force accordingly unless and until

superseded by anything done or any action taken under this Act.

Repeal and

savings.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

FORM A

[see section 12(1)]

(Application to be filled by a convicted prisoner or an adult member of his family for Parole/Furlough)

Number and Name of the prisoner

Father’s Name

Caste

Complete Residential Address

Reasons for release

: Emergency Parole/Regular Parole/Furlough/Custody Parole

(Signature or thumb impression

of the Applicant)

DECLARATION BY THE ELIGIBLE CONVICTED PRISONER

I hereby declare that I request to be released temporarily (Emergency Parole/Regular Parole/Furlough/Custody

Parole) under section 3 or 4 or 5 or 6 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022, and on

being so released shall faithfully comply with the conditions of my release.

(Signature or thumb impression

of the Applicant)

(To be filled by the Superintendent Jail)

Casual/ Hardcore

Number, Name and Age of the Prisoner

FIR detail

Full conviction detail alongwith fine

Detail of period actually spent in jail

Year

Months

Days

up to the date of application (from ______ to ________ )

Remission Earned

Year

Months

Days

Unexpired Sentence

Year

Months

Days

Details of other conviction cases, if any

Details of pending cases, if any

Physical and mental condition of the Prisoner

10.

Conduct in jail

(Details of jail offences to be enclosed, if any)

11.

(i)

Date when temporary release was last granted

(ii)

Date when temporary release was last rejected

12.

Whether the Prisoner is eligible for release as per

provisions of the Act

13.

Recommendations of Superintendent Jail

14.

Any additional remarks

Entries checked with warrant

Dated

Superintendent Jail

_____ Jail, ______.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

FORM B

[see section 12(7)]

Warrant for the temporary release of prisoners

Whereas prisoner (Number, Name, Father’s Name and Address) at present confined in ____ Jail, ____ under

warrant dated ____ (date of conviction) of _____(name of sentencing court) has applied for his temporary release

under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022;

And whereas the releasing authority is satisfied that the applicant is entitled to be released under the Act;

Now, therefore, Releasing Authority hereby authorise the temporary release of the said prisoner from custody

on emergency parole/regular parole/furlough for a period of _______ (period of release) subject to the conditions

specified below:–

(1)

The prisoner shall during the period of his temporary release reside at ______ (complete address). He

shall not without obtaining the prior permission of the District Magistrate visit any place not specified in the release

warrant during the said period.

(2)

At the time of his release on emergency parole/regular parole/furlough, the prisoner shall give to the

District Magistrate _______ full particulars of the place where he intends to reside during the period of his temporary

release and shall keep the District Magistrate informed of any subsequent changes of his residence during the said

period.

(3)

The prisoner shall during the period of temporary release keep peace and maintain good behavior.

(4)

After the expiry of the said period of _____ (period of release) for which the prisoner has been

temporary released on emergency parole/regular parole/furlough, the said prisoner shall surrender himself to the

Superintendent Jail from which he is so released to undergo the unexpired period if his sentence.

(5)

The prisoner shall before his release on emergency parole/regular parole/furlough furnish to the

satisfaction of the District Magistrate, _______, a personal bond and _____ (number of sureties) in the sum of

Rs. __________________ (Rupees______________) (in words) each for faithful observance of the conditions

specified in the release warrant.

(6)

When the surety furnished becomes insolvent or dies, the State Government may order the prisoner to

furnish fresh surety immediately and if such surety is not furnished, the State Government may proceed as if there had

been a non-compliance of the conditions of this order.

(7)

In addition to the action under sub-sections (2) and (3) of section 9 and section 10 of this Act, the

amount of bond shall stand forfeited to the State Government in case any condition of the bond is not fulfilled.

Given under my hand this ________ day of _______________

SEAL

Signature of the Releasing Authority

Endst. No.

Dated

A copy is forwarded to :-

(1)

The Superintendent Jail, _______________ Jail _____________ for necessary action.

(2)

The District Magistrate,_______________ for execution and necessary action.

(3)

The Superintendent of Police, _____ with the direction to keep a close watch on the activities of the said

prisoner during the temporary release.

Signature of the Releasing Authority

I _________________________ son of ____________________ hereby acknowledge receipt of the above

warrant and understand the conditions specified in the above warrant of release and I accept them.

Signature and thumb impression of the Prisoner.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

FORM C

[see section 12(8)]

Personal Bond of the Prisoner

In the Court of the District Magistrate, _____________________________________________

This bond is made on the _______________________ by __________________________

(Number, Name, Father’s Name and Address of the Prisoner).

Whereas the Releasing Authority is pleased to order my release on emergency parole/regular parole/furlough for a

period of _____________ (period of release) under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners

(Temporary Release) Act, 2022, on conditions of my furnishing a personal bond and a surety bond, each for a sum of

Rs.__________________ to observe the condition specified below.

Now, therefore, I do hereby bind myself to faithfully observe all the conditions mentioned here below and in case of

my making default in observing any of them, I bind myself to forfeit the State Government the sum of

Rs.___________________ .

(1)

I shall during the period of my temporary release reside at _________________________________

(complete address) and shall not without obtaining the permission of the District Magistrate, ______________, visit

any place not specified in the release warrant.

(2)

I shall during the period of my temporary release keep peace and maintain good behavior.

(3)

After the expiry of the period of _______________________ (period of release) for which I have been

temporarily released, I shall surrender myself to the Superintendent Jail, _____________ Jail, ___________________

to undergo the unexpired period of my sentence.

(4)

In case my sureties becomes insolvent or dies, I shall furnish fresh security immediately.

Signature and thumb impression of the Prisoner

Accepted for and on behalf of the

Releasing Authority.

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

FORM D

[see section 12(8)]

Surety Bond

In the Court of the District Magistrate, ______________

This Bond is made on the __________________________ by __________________________________

(1st surety) and _______________________________ (2nd Surety) (hereinafter collectively referred to as the

“Sureties”). (Number of sureties as decided by the releasing authority);

Whereas the releasing authority is pleased to order the release of ________(Number, Name, Father’s Name

and address of the prisoner) (hereinafter referred to as the “prisoner”) on emergency parole/regular parole/furlough

for a period of ________ Weeks) under section 3 or 4 or 5 of the Haryana Good Conduct Prisoners (Temporary

Release) Act, 2022, on the condition of the prisoner furnishing a bond as well as a surety bond each for the sum of

Rs. ____________________ to observe the conditions on which the prisoner has been temporarily released;

And whereas the prisoner has on _________ (date of execution of personal bond of the prisoner) executed a

personal bond for the sum of Rs.____________________ to observe the conditions specified therein.

Now, therefore, the sureties jointly and severally do hereby bind themselves to forfeit to State Government

the sum of Rs. __________________ in case the prisoner makes a default in observing any of the conditions specified

in the warrant for temporary release.

Signature of the First Surety.

Signature of the Second Surety.

Accepted for and on

behalf of the Releasing Authority

HARYANA GOVT. GAZ. (EXTRA.), APR. 11, 2022 (CHTR. 21, 1944 SAKA)

FORM E

[see section 12(9)]

Certificate of conditional release

In exercise of the powers conferred by section 3/4/5 of the Haryana Good Conduct Prisoners (Temporary

Release) Act, 2022, the Releasing Authority, subject to conditions hereinafter setforth, hereby directs the release of

prisoner ______ (Number, Name, Father’s Name and Address of the prisoner), at present confined in _____, Jail,

________, for _______ (period of release) in pursuance of warrant, dated _______ (date of warrant of Releasing

Authority). He has been permitted to visit the below noted places following the specified route:-

Proceed from _________ Jail,_____, to __________ (full address)

Return from ______ (full address) to ______ Jail,________

Conditions to be observed by the released prisoner:-

The prisoner shall proceed forthwith to __________ (full address).

He shall report back to _______Jail, _____ on _________ (date and time of surrender).

He shall not proceed to any place other than those he has been authorised to visit.

He shall keep peace and maintain good behavior during the period of his temporary release.

If in the opinion of Releasing Authority, he is found to have committed a breach of any of these conditions, it

may cancel his release warrant and direct his re-admission to the jail.

It is certified that the conditions specified in the above said temporary release warrant have been read over to

the prisoner, he understands and acknowledge them and admit that he is being temporarily released on the above

mentioned conditions .

I received directions to be present at Jail, ______ on ______(date of surrender).

Thumb impression of the Prisoner

I believe that the prisoner understands the conditions and acknowledge them.

Attested

Date of temporary Release: (_____)

Deputy Superintendent Prison

_______, Jail, _________

No.

Dated

A copy of the above is forwarded to the following for information and further necessary action please:-

The Divisional Commissioner, _____ Division, ________ w.r.t. _____ (Release Warrant).

The District Magistrate, _____ w.r.t. _____ (orders regarding acceptance of sureties). (Personal bond and

surety bonds of the prisoner are enclosed).

The Superintendent of Police, ______ with a request to direct the concerned SHO to keep a close watch on

activities of said prisoner during the period of temporary release.

S.H.O. P.S., ______ District, _____. A close watch shall be kept on activities of said prisoner during the

period of temporary release and submit a report as per sub-section 10 of Section 12 of the Act.

Superintendent Jail,

______ Jail, _____.

__________

BIMLESH TANWAR,

Administrative Secretary to Government,

Haryana, Law and Legislative Department.

9557—L.R.—H.G.P., Pkl.