(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the corresponding provisions of the Acts in force therein immediately before the commencement of this Act, the State Government may, by notification in the official Gazette make such provisions as appear to it to be necessary or expedient for removing the difficulty.
(2) If any difficulty arises in giving effect to the provisions of this Act (otherwise than in relation to the transition from the provisions of the corresponding Acts in force before the commencement of this Act) the State Government may, by notification, make such provisions not inconsistent with the purposes of this Act as appear to it to be necessary or expedient for removing the difficulty.
SCHEDULE (See section 67)
1. The Mysore Prisons Act, 1943 (Mysore Act XLIV of 1943) as in force in the 1 [Mysore Area]1;
2. The Hyderabad Prisons Act, 1954 (Hyderabad Act XXIX of 1954) as in force in the 1[Gulbarga Area]1;
3. The Prisons Act, 1894, (Central Act No. IX of 1894) as in force respectively in the 21 1[Belgaum Area]1, 1[Mangalore and Kollegal Area]1 and the Coorg District.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 dated 1.11.1973 * * * * NOTIFICATIONS I Bangalore, dated 25th July, 1974 [No. HD 124 PRM 68] G.S.R. 212.- In exercise of the powers conferred by sub-section (3) of section 1 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) the Government of Karnataka hereby appoints the 25th day of July 1974 as the date on which the said Act shall come into force.
By Order and in the name of the Governor of Karnataka, (K.S.L. SASTRY) Under Secretary to Government, Home Department.
(Published in the Karnataka Gazette, Part IV-2C (i), dated 25th July 1974 at page 757) II Bangalore, dated 16th September, 1965 [No. HD 15 PCR 65] S.O. 3164.- In exercise of the powers conferred by sub-section (3) of section 1 of the Code of Criminal Procedure (Mysore Amendment) Act, 1965 (Mysore Act 13 of 1965), the Government of Karnataka hereby appoints the First day of October 1965 as the date on which the said Act shall come into force.
By Order and in the name of the Governor of Karnataka, (R. SRINIVASAN) Under Secretary , (Published in the Karnataka Gazette, Part IV-2C (ii), dated 23rd September 1965.)
* * * * 22 KARNATAKA ACT NO.21 OF 2022 (First Published in the Karnataka Gazette Extra-ordinary on the5 th day of April, 2022) THE KARNATAKA PRISONS (AMENDMENT) ACT, 2022 (Received the assent of the Governor on the 4 th day of April, 2022) An Act further to amend the Karnataka Prisons Act, 1963.
Whereas it is expedient further to amend the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963), for the purpose hereinafter appearing:
Be it enacted by the Karnataka State Legislature in the Seventy Third year of the Republic of India as follows:-
1. Short title and commencement.-(1) This Act may be called the Karnataka Prisons (Amendment) Act, 2022.
(2) It shall come into force at once.
2. Amendment of section 42.-In section 42 of the Karnataka Prisons Act, 1963 (Karnataka Act 33 of 1963) (here in after referred to as the Principal Act),-
(i) after the words “any prohibited article”, the words “mobile or any instrument of communication” shall be inserted.
(ii) for the words "not exceeding six months, or with fine not exceeding two hundred rupees, or with both" the words "not less than three years but which may extend to five years and fine" shall be substituted.
3. Amendment of section 57.- In section 57 of the Principal Act, after sub-section (1) the following shall be inserted, namely:- “Provided that, notwithstanding anything contained in any other law for time being in force, if the prisoner who fails to surrender on expiration of the parole, shall be deemed to be a proclaimed offender. Further, the bonds executed by the prisoner and the surety of him, shall be liable to be forfeited to the state and forfeited bond amount shall be recovered as arrears of land revenue”.
4. Amendment of section 58.-For section 58 of the Principal Act, the following shall be substituted, namely:- “58. Penalty for failure to surrender.-Any prisoner who fails to surrender himself as required by sub-section (1) of section 57 shall on conviction, be punished with imprisonment for a term of not less than three years but which may extend to five years and with fine. The person who stood surety to the prisoner, who failed to surrender himself, as required by sub section (1) of section 57 shall on conviction, be punished with imprisonment for a term of not less than six months but which may extend to one year and with fine.” 23
5. Insertion of Section 58A.-After section 58 of the Principal Act,the following shall be inserted, namely:- “58A. Offences to be Cognizable.- (1)The Offences punishable under section 42 and 58 shall be cognizable.
(2) The punishment awarded under this Act shall operate on completion of the sufferance of the sentences orpunishment awarded in any other cases in which is convicted”.
By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation