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Section 80

The Assam Prisons Act, 2013State Act of Assam · Act 15 of 2013

(1) The provisions of the Transfer of Prisoners Act, 1950 shall be followed in cases where a person detained in a prison in -the State under sentence of death or Central Act 29 of 1950 imprisonment or in default of payment of fine or in default of giving security for keeping the peace or for maintaining good behaviour-; is required to be transferred to a prison in any other State or Union Territory, and where such a person is required to be transferred from a prison in any other State or Union Territory to a prison in the State.

(2) Upon and with effect from the admission of a person in a prison in the State by transfer from any prison in any other State or Union Territory as aforesaid. the provisions of this Act and rules made thereunder shall apply to such person as if he had been originally admitted to such prison in the State:

Provided that in the case of such a person, the authority for granting suspension, remission and commutation of sentence and for granting State remission shall remain with the appropriate government as defined in section^ of this Act.

Transfer to .

mental hospital of inmates of .

unsound - :tmind committed to .prison under section 330 or section 335 of the Code of .

Criminal **“ Procedure,

81. The State Government and subject to its general direction .and control the Inspector General, may by order, d ire c t,-- ' <f (B) a person accused of an offence, who is found to be of unsound mind and consequently incapable of making his defence and is ’Committed to prison under sub-section (2) of section 330 of the Code of Criminal Procedure, 1973 for safe custody without any specific orders for his Central Act 2 of 1974' 19/3 removal to asylum, or

(b) a person acquitted of an offence on grounds of unsoundness''of mind, who is committed to prison under section 335 of the said Code of Criminal’ Procedure, 1973, for safe custody without any specific orders for his removal to asylum, 1410 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013 tw- Transfer to mental hospital of convicted inmates of unsound mind to be transferred from a prison to a mental hospital in the .State or in any other State or Union Territory, and upon such transfer such person shall be dealt with in accordance with the provisions of sections .337, 338, and 339 of the said Code of Criminal Procedure, 1973 :* ' ..t- . ■’*

Provided that no order directing a person to be transferred to a mental hospital in any other State or Union Territory shall be made under this section except by the State Government and except with the consent of the Government of such other State or Union Territory.

Where this provision sits

ActThe Assam Prisons Act, 2013
Section80
JurisdictionState of Assam
StatusIn force as published by the source

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