(1) In exceptional cases where a person is detained in prison under a sentence of,imprisonment and the State Government, after taking into account (i) his antecedents,
(ii) the nature and gravity of the offence for which he has been convicted,- and the way in which the offence was committed, (iii) his conduct in prison and (iv) such other factors as considered relevant and important, is satisfied that his prospects of rehabilitation after release from prison are likely to be substantially enhanced if he is enabled to acquire better qualification or vocational training of a formal nature in any institution or establishment outside the prison, and he is not likely to commit any offence if, for this purpose, he is let out of the prison during the day time, the State Government may, subject to rules made under this Act, by order allow such person to be let out of prison during the day time to attend an educational institution or to undergo training or apprenticeship in a vocational or industrial establishment, upon his giving an undertaking in writing to observe the conditions specified in the order and upon his entering into a bond with surety to return to the prison every day immediately after attending such institution or establishment, and subject to supervision of a Parole Officer, who may be a Probation Officer appointed under the Probation of Offenders Act, 1958 or any other officer appointed by the State Government to be a Parole Officer.
(2) Before making an order under sub-section (1), the State Government shall take into consideration the recommendation of the Review Board constituted under section 22.
(3) The State Government may at any time, on being satisfied that the person granted day-release under sub section (1) has failed to observe any of the conditions of such day-release, or otherwise in its discretion, revoke an order for day-release.
Central Act 20 of 1958 1400 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Penalty for failure to surrender Prison offences
(4) An order of revocation made under sub-section (3) shall specify the date with,effect from which the order for day-release shall cease to be in force and shall be served upon the person to whom day-release is granted in such manner as may be prescribed by rules made under this Act.
69. Any person, who fails to surrender himself to the * Superintendent of the prison on the expiration of the period of release oh furlough or on revocation of a furlough or parole order, or to return to the prison on any day immediately after attending an educational institution or a vocational or industrial establishment by an order of dayrelease or on revocation of an order pf day-release, may be arrested by a police officer without warrant, and shall, if such failure be without any lawful excuse, be liable upon conviction before a Magistrate of the first class to imprisonment of either description for a term not exceeding two years or to a fine not exceeding one thousand rupees or to both, without prejudice to any proceedings that may be taken against him or his surety dr sureties in respect of !
such,bond as was entered into for such surrender or return to the prison. y
CHAPTER-XIII PRISON OFFENCE AND PUNISHMENTS 70, The following acts and omissions on the part of any inmate shall be deemed as prison offences:------
(i) conspiring or assisting to escape;
(ii) assault or attack upon any officer or inmate;
(iii) orgainsing or conspiring to organise a riot, mutiny or any other act of violence and/or participating or instigating other inmates to participate in such act of violence;
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(iv) omitting or refusing to report, as sdon as it comes to his knowledge, any Occurrence of fire, '* any escape, attempt or preparation to escape, any attack or preparation for attack upon officer or inmate, and any violence or preparation for - violence;
(v) ' omitting or refusing to help an officer of the prison when called upon to do so in dousing fire or preventing escape, violence, suppressing assault, attack, violence, riot or 'mutiny, or in any other emergencies;
(vi) doing any act likely to create unnecessary alarm in the minds of other inmates;
(vii) causing or attempting to cause disturbance of law and order and discipline in the prison;
(viii) wilfully tampering in any way; w ith ... walls, buildings; bars Jocks and keys, lights or lamps, handcuffs, fetters or irons of any - other description, or any other security and custody measures of the prison;
fix) communicating or attempting ..to communicate with outsiders otherwise than through authorized channels;
(x) receiving, .. possessing or transferring any prohibited article;
(xi) wilfully tampering with or defacing history tickets, records or documents;
(xii) wilfully causing damage to prison property;
(xiii) stealing any prison property or any article of any other inmate; receiving, possessing or transferring any such stolen property or article;
(xiv) wilfully bringing any false accusation against any officer or inmate;
(xv) using indecent, abusive, insulting or threatening language;
(xvi) doing or making any immoral, indecent, vulgar of disorderly acts or gestures;
(xvii) wilfully hurting religious feelings, beliefs or faiths of any inmate, or attempting to convert any inmate to a different religious faith;
1402 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 Punishm ents for prison offences
(xviii) refusing to eat the food prescribed by prison rules, or going on hunger-strike;
(xix) willfully or negligently destroying or spoiling , food; " '
(xx) feigning, illness, or wilfully causing to himself i any illness, injury or disability;
(xxi) omitting or refusing to perform work, or wilful i idleness or negligence at work, as assigned to him in the manner prescribed;
(xxii) such willful disobedience to any rule,, or regulation of the prison as may be declared by rules made under this Act to be a prison offence;
(xxiii) instigating, abetting or assisting, directly or indirectly, any inmate to. commit any of the aforesaid offences/