1948: East Pb. Act XIII.) EXCHANGE OF PRISONERS 183 {HE EAST PUNJAB (EXCHANGE OF PRISONE ACT, 1948. eS) TABLE OF CONTENTS.
Sections.
Short title and commencement.
Interpretation.
Removal of transferable prisoners.
Examination of witnesses on Commission.
Custody and removal of repatriated prisoners.
Convicted prisoners.
Prisoners undergoing trial before repatriation.
Prisoners repatriated while in police custody.
Delegation of Powers.
10. Power of Central Government in relation to prisoners detained for reasons of security.
11. Jurisdiction of the High Court.
12. Power of Central Government to suspend, remit or commute sentences.
W A N A K A SE W h o ) 13. Lawfulness of custody and retaking upon escape.
14. Operation of Ordinance.
15. Power to make rules.
16. Repeal of Ordinance No. 1 of 1948.
i048: East Pb Act XIII] EXCHANGE OF PRISONERS 185 tHE EAST PUNJAB (EXCHANGE OF PRI T ACT, 1948. BONERS) East Punjab Act No. XIII of 1948 Received the assent of His Excellency the Go .
| General of India on 3rd April, 1948 ; and was first published in the East Punjab Government Gazette (Extraordinary) of April 5, 1948.]
Se 1 2 3 4 Year No. Short title Whether repealed or otherwise affected by legislation 1948 .. | XIII | The East — Punjab ‘Amended in part by the Adaptation (Exchange of Prison- of Laws Order, 1950 ers )Act, 1948 Amended in part by the Adaptation of Laws (Third Amendment) Order 1951 Amended by Punjab Act 25 of 1964.?
Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 | | An Act to provide for the Exchange of Prisoners with 3[Punjab in Pakistan].
Ir is hereby enacted as follows :—
PART I Preliminary and Interpretation.
Short title and 1, (1) This Act may be called the East Punjab (Ex- stent.
change of Prisoners) Act, 1948.
Government 1For Statement of Objects and Reasons, see East Punjab ¢ East Punjab Gazette, 1948, page 149; for proceedings in Assembly, see Legislative Assembly Debates, Volume II, 1948, pages, 116—18.
2For Statement of Objects and Reasons, see Punjab Government Gazette — (Extraordinary), 1964,, pages 935—87. —. i. 43 seats ®Substituted for the words “West Punjab” by the Adaptation of Laws (Third Amendment) Order, 1951.
186 EXCHANGE OF PRISONERS [1948 : East Ph, Act Xty
(2) It shall extend to the whole. of the Un; | ~ On. territory of Chandigarh].
2. In this Act unless there is anything repugnant terpretation. . ‘nterpre in the subject or context— ! xpression “Prison” includes a central, dis. 7 ‘ict oF subsidiary jail,a judicial lock-up, and every place which is used as a place of detep- tion for persons who have been arrested or de.
tained under any law for the time being jn force ;
(b) the expression “prisoner” includes every per. son who is detained in a prison by order of 4 competent authority not being a Civil Court :
(c) the expression “transferable prisoner’? means | any Muslim prisoner who is in custody in any prison in 2[Union territory of Chandigarh] - under lawful orders of a duly empowered Court or other authority, and who is willing to be transferred. to S KF Kw ow kK _ Pakistan under the Provisions of Part I] ; and
(d) the expression “Tepatriated prisoner’? means 4 person who being in Custody in a prison or other place of detention in “[the Province of ing adjacent to that Province, has accedeg to Pakistan is conveyed and delivered by a duly authorised Official of the Government na 1Substituted for the words “State of Punjab” ‘ isati : (Chandigarh) (Adaptation of La ane tte SUE oy eenisation *Substituted for the word “Punjab » by tbid.
*The words “the Domin; ” omi ion o Amendment) Order, 1951, ominion of” omitted by the Adaptation jof Laws (Third “Substituted for the words “the Proving ich . . : c of W : ; whic noi gaeeent fo that Mio fiat e Domi Samy Sa ‘ah 9 C C ini i ove ment of West Punjab ™ by the Adaptation of Laws (Hing Bonen este G 1951.
1948: East Pb. Act XIII.) excHaNncE oF PRISONERS 187 of Pakistan or the Government of Punjab in Pakistan] in compliance with the orders of such Government to an official of the [Central Government). !
PART II.
THE TRANSFER OF PRISONERS
3. (4) The ?[Central Government] may issue a warrant addressed to the officer in charge of atisod to deliver feable oreonee any transferable prisoner confined therein, along with all the records relating to such prisoner and the personal effects taken from him at the time of his admission to a prison to the person authorised in that behalf in the aforesaid warrant.
(2) The officer in charge of the prison shall forthwith comply with the warrant issued under sub-section (J), and the person to whom delivery of the prisoner and any record or article is made shall furnish to such officer ‘in charge a written receipt in respect of such delivery.
(3) The person taking such delivery shall deliver the transferable prisoner and any records or article relating to that prisoner at such place as the *[Central Government] may specify, and to such official *[of the Government of | Pakistan or of the Government of Punjab in Pakistan], as the 2[Central Government] may by general or special order and either by name of designation provide ; and thereupon all Courts, Tribunals or authorities whatsoever in *[Union territory of Chandigarh] shall cease to have jurisdiction in relation to such prisoner in respect of the offence or other matter which was the cause of his confinement or detention - in 4[Union Territory of Chandigarh].
(4) The *[Central Government] may requisition the record of any proceedings (including judicial proceedings) in relation to a prisoner transferred under sub-section , (3) —_____.
1Substituted for the words “Punjab Government” by the Punjab Reorgsygauon (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, , 2Substituted for the words ‘‘state Government” by ibid.
Substituted for the words ‘‘ of the Dominion of Pakistan or of od oS a of West Punjab” by the Adaptation of Laws (Third Amendment) Order, “ . *s aniab isation ‘Substituted for the .word ‘‘ Punjab * by the Punjab) Reorgam sey (Chandigarh) (Adaptation of Laws on State arid Concurrent Subjects) Order, 1968," y EXCHANGE OF PRISONERS [1948: East Ph. Ag XM office where such record may be tto an fficin? ecord shall be sent to any 9 ‘icia} er athosity, of the ‘Government of Punjab in Pakistan or au or of the Government of Pakistan].
188 from any Court or iminal proceeding Pendin in regard to any crimina itnesses on Con. before a court "fin Pakistan] aa an] andar Prisoner mision. , who has been transferred for rsa si is received by 4 ’ Distuet Moneate ‘of any district in “[Union 5 ertitory of Chandigarh] for the examination of any witness oe ing in such district, the District Magistrate shall an orn e purpose any magistrate subordinate to pri inal on the provisions of Chapter XL of the Code of Cri See 0- vi cedure (V of 1898) shall so far as may be app wat ID 1998, regard to the compliance with such letter of request :
i ised in that be-
Provided that any person duly authorise half ®[by the Government of Pakistan or by the eo vernment of Punjab in Pakistan] shall be entitled to be present at the examination of such witness.
PART III THE REPATRIATION OF PRISONERS Custody and re- : moval of _repatrj- S. The ated prisoners. special order specify the place at which and, either by name ., Substituted for the words “of the Gov t f t Punjab or of the Tominion of Pakistan” by the Adaptation of Lawan “(Thied Acad) Order, _ Substituted for the words “in the Domini i ” by thd.
Laws (Third Amendment) Order, 195]. Smunton of Pakistan by ibi q Substituted for the words “that Dominian” b.. . | - (Amendment) Order, 1951, onon by ibid.
“Substituted for the word “Punjap” a oo digarh) :
(Adaptation of Lawent State an dou ashe Punjab Reorganisation (Chandigat ubjects) Order, 1968. . "Substituted for the WOrds ‘of ¢ se ;
mi- Dion of Pakistan or of the. Government Papo won-of Pakistan cr of the Domi- West Punjab” by- ibid.
_ Substituted for the words ‘* State Government Snckek io nisation (Chant WS om ewent " by the Punjab Reorgan| Onder 19¢6, 88) Adaptation of “AWS On State: asia” Concurrent, Subjects (948 : East Pb. Act XII] excuHance op PRISONERS 189 6, The officer in charg ¢ of the prison shall detain ; . ¥ e Co é custody a ee penueted Prisoner who, before his repatrintoe Convicted priso was a convict UNCergoing a sentence ina prison A, ‘ 9
(a) according to the tenor of the warrant, writ, or 9 order of commitment to pri O prison, if a to such prisoner, or me BENS
7. (1) The ‘[Central Government| may di y direct any pri der- Court, other than the High Court, to enquire into or try going. trial before any case which may have been pending against a repatriat-"“?""™""°" ed prisoner immediately before his repatriation : |
Provided that—
(a) the offence charged against such prisoner is also an offence under the law in force in *7Union Territory of Chandigarh] ; and .
(6) such Court would have been competent to try such offence if it had been committed within the local limits of its jurisdiction.
(2) On the making of an order under sub-section (J) the Court specified in the order shall proceed to enquire y into or try such case according to law, as if the offence to
308. which it relates had been committed within the local limits of its jurisdiction, and all the provisions of the Code of Criminal Procedure (V of 1898) and of all other laws in force in [Union territory of Chandigarh] shall so far as may be, apply to such proceedings.
(3) In any proceedings under sub-section (2), all evidence, both oral and documentary, which has been duly ated prison- received in the proceedings against the repatr!
er held prior to his repatriation, or the copies of such evi-.
dence certified under section 76 of the Indian Evidence Act, 1872 (I of 1872), may be treated as evidence 1D at e ; case for all purposes subject to the provisions of the Indian 187° Evidence Act, 1872 (I of 1872).
—_— ctanent GS »} Le tha Punjab: Reorganisation ‘Substituted for the words: “State Government” by He Teo) order, 1968 (Chandigarh) (Adaptation of Laws on State and Concurren *Substituted for the word “Punjab” by ibid.
. 4 XCHANGE OF PRISONERS . [1948 : East Pb. Act Xin, 190 £ t] mayin reg ntral Governmen ect Prisoners . repatri- 8. (1 ) The 11Ce fo ne f diately be isoner, Who, iImem ly b at ated while in Police 5 ny eT unde arrest OF oie iD Doligy custody. patriation, was or after completion of a po t claws “tigation Specify a *Lludicial Magistrate] of the First class who 23 have and exercise jurisdiction.
i risoner in respect of whom rh Every repatriated ioe sub-section (1) shall :
produced without delay before the Magistrate specifieg in the order, and such Magistrate may take cognizance of an offence that such repatriated prisoner may be athe by a police officer to have committed, and may grant him ail.
3) Where the re atriation was effected before com- oletis. of the police investigation, or the Magistrate 1s of the opinion that the evidence is deficient, the repartiated prisoner shall be released upon his entering into a bond, with or without sureties, as the Magistrate may direct, to appear if and when so required, and in the meantime, the Magistrate may order such further enquiry into the sub- stance of the allegations as he thinks fit, “section (3), the tage that there is NO prospect of securj ici idence to justify comdings against the repatriated prison- ér, direct that such Prisoner be discharged from his bond. Delegation of wer 9. The Centra] Government ification, power delegate all or any of its Lmay, by notifica . Powers under sect; and 8 to any public servant, ¢j ections 5, 6, 7 ther by name or by designation. Power of Central
10. In relation t i i Gover, t . ‘ : Oany re atriat e derelation" t priso. tention Immediately before ropa ereoner ad? been ne reatons of eget for red, under any ed mite otsing “preventive detention Connected with ubli 1 I c entra Same Power in respect of he term of detention as it posseses {Substituted 7 a —____ (Chandigarh) (Aa.ot the Words ‘Sath) (Adaptation of Lays 5 State serpent bY the Punjab Reorganisation nt Subjects) Order, 1968.
Magistra vs - ¥ Punjab Act No, 25 of 1964.
1948: East Pb. Act XML] excuance or PRISONERS 191 in relation to person detained, :
‘punjab Public Safety Act, ] bag Te section 3 of the : Punjab as in force in *[ Union territory of Chandige a of 1947] srs ie tts 11. - [High Court of Punjab and Haryana] shall, surisdiction of the have, i” relalion to a repatriated prisoner. the same High Court jurisdiction which it has in relation to a person who has been arrested or detained within the limit: of 3 appellate jurisdiction, in the imit’ of its Same circumstances in which such prisoner was arrested or detained immediately before his repatriation.
12. The “[Central Government] shall have the same : ‘ power to suspend, remit or commute a sentence of punish- Government" to ment awarded to a repatriated prisoner, whether before or S™Pend, remit or after his repatriation as it possesses in relation to persons 7m" *aten™- who have been sentenced in the [State] for offences committed within the 5[State].
PART IV GENERAL
13. It shall be lawful for any person to whom a war- Lawfulness of rant or order under section 3 or under section 5 or sec- taking open cs cape tion 6 is directed to receive, hold in custody, convey and deliver the transferable or repatriated prisoner, named in the warrant or order as directed therein and if any such prisoner escapes out of any custody to which he may be delivered in pursuance of any warrant, he may be retaken as a person accused or convicted of an offence against the law of the *?[Union Territory of Chandigarh] may be retaken an escape.
14. The provisions of this Act shall have force and Operation of operation notwithstanding anything contrary or repug- Ordinance.
nant thereto in any other law for the time being in force.
k 15. The “[Central Government] may make rules to fay ‘© make Carry out the purposes of this Act.
1§ee now the the Punjab Security of the State Act, 1953 (Punjab Act XII of 1953).
*Substituted for the word “Punjab” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subject) Order, 1968. -Puniawé b *Sbustituted for the words “High Court of Judicature for the state of Punja y ibid. vation ‘Substituted for the words “State Government” by the Punjab Reorganisa (Chandigarh) (Adaptation of Laws on State and Concurrent gubjects) Order, 1968.
‘Substituted for the word “Province” by the Adaptation of Laws Order, 1950.
Repeal of O oO No. I nanco
1948.
rd iof {92 EXCHANGE OF PRISONERS [1948 : Fast pj, Ac
16. The East Punjab (Exchange of Prisone nance, 1948, is hereby repealed; and any rules Ts) Org notification issued, anything done and any action ade ° exercise of any power conferred by or under een in Ordinance shall be deemed to have been mag, < Siig done or taken in exercise of powers conferred by , issueg this Act as if this Act had commenced on the ] oth Under January, 1948. day op >