(1) In each case the District Magistrate shall determine whether or not the proposed guardian is fit to act as such having regard to his status, antecedents and the degree of control that he may exercise on the prisoner, and inform the State Government of his opinion.
(2) Parents or relatives of a prisoner may be appointed guardians if the District Magistrate is satisfied that they are fit to act as such guardians.
(3) An officer of a prisoner shall in no case be eligible to act as guardian, unless the Inspector-General of Prisons sanctions it.
15. Remission of Sentence-(1) An application for remission of sentence under section 8 of the act shall be made by the prisoner or by the person offering himself as his surety to the District Magistrate of the district in which he was convicted or where he was convicted in more than one district then to the District Magistrate of any such district.
(2) The District Magistrate shall, on a consideration of the antecedents of the prisoner, his conduct in jail and his environments and after consulting Probation Officer where one is appointed and such other authorities as he may think proper, within one month of the receipt of the application forward it to the 373 State Government stating his opinion whether the prisoner is likely to abstain form crime and lead a peaceable life if released from prison.
(3) The State Government may, on receipt of such application release the prisoner on his entering into a bond with one or more sureties for such amount and for such period as the State Government may direct, to be of good behavior and to observe such conditions as the State Government may impose.
(4) If any prisoner released under sub-section (1) of section 8 of the Act fails to observe the conditions of the bond, the District Magistrate or the Sub- Divisional Magistrate, if authorized by the District Magistrate may take proceedings under section 514 of the Code of Criminal Procedure 1898, and report to the State Government for the cancellation of the order remitting the sentence passed under subsection(1) of section-8 of the Act, and the State Government may pass such orders in accordance with sub-rule (3) of section 8 as it may deem fit.
Form A [To be supplied to a prisoner, his relative (or his) guardian free of charge.]
Application by the prisoner to the Superintendent of prison for release under section 2 of the United Provinces Prisoners’ Release on Probation Act, 1938 (VIII of 1938).
(To be filled in by the prisoner and his guardian) Jail……………….
1. Name and No. of prisoner………………………..
2. Father’s name……………………………………..
3. Caste………………………………………………
4. Residence………………………………………… Village, mohalla or town………………………..
Thana……………………………………………… District……………………………………………..
5. Name of the proposed guardian with his father’s name-
6. Guardian’s caste………………………………………
7. Guardian’s age………………………………………..
374
8. Guardian’s occupation…………………………………
9. Guardian’s residence…………………………………… Village, mohalla or town……………………………..
Thana………………………………………………….
District………………………………………………..
10. Is the guardian literate? ……………………………..
11. Is the guardian related to the prisoner? If so, how ? ....................................
Declaration by the Prisoner I hereby declare that I desire to be released on licence under the United Provinces Prisoner’s Release on Probation Act, 1938, and shall faithfully comply with the conditions of the licence.
Signature of the prisone Date 19 Left thumb- impression Declaration by the guardian *I on behalf of ………………………………..Society Institution agree to undertake the supervision of ……………….prisoner mentioned above and shall comply with the provisions of the United Provinces Prisoners’ Release on Probation Act, 1938, the rules framed thereunder and the conditions of the licence.
Date…………………………..19………… Signature of the guardian Left Thumb Impression.
*Note- The rest of this line shall be scored out if the proposed guardian is not a society or an institution.
(To be filled in by the Superintendent of Jail) 375 Casual Habitual.
No. of previous convictions, if any
1. Prisoner’s name and No. …………………….
2. Prisoner’s age ………….years, offence.
3. Sentencing officer and case no…………………
4. Period of sentence …………………..Fine, if any………….Fine realized………….
5. Date of sentence………………
6. Period actually spent in jail up to the date of application years months days.
7. Remissions earned………………years………..months………days.
8. Total of columns 6 and 7……………..years……….months …………days.
9. Prisoner’s date of release after allowing probable remission under the rule…………..
10. The work allotted to the prisoners in jail…………….
11. Prison offences committed by the prisoner and punishment awarded to him…………..
12. Training received in any particular work in prison or any special proficiency acquired…………
13. Physical and mental condition of the prisoner………… * 14 Conduct in jail……………… *15 Effect of imprisonment undergone………… *16. Is the prisoner eligible in every way? If not, the Superintendent shall in his own hand record here the order rejecting this application with reasons……………..
*17Is it advisable to release the prisoner on licence.?.................
18, Previous reference, if any, made to Government either by the Superintendent of the jail himself or through the District Magistrate on the subject or release of the prisoner………… Entries checked with warrants Jailor Superintendent of Jail.
Date-------------- Name of Jail---------------- 376 *Note- These entries should be in the hand of the Superintendent.
(To be filled in by District Magistrate)
1. Date of receipt in the District Magistrate’s Office……..
2. Brief history of the case………………….
3. Is the proposed guardian fit to Act as such ?*
4. Having regard to the prisoner’s antecedents and his conduct in prison, is he likely to abstain from crime and lead a peaceable life if released on licence ? ……………… District magistrate.
Name of District…………..
*Note- If not please state reasons in brief.
Recommendation of the Board
1. Recommended for release on licence.
2. Recommended for release on licence after……………..months in default of payment of fine or sooner if fine or portion of fine is paid.
3. Recommended for release on licence provided a suitable guardian is available.
4. Recommended for release on licence after……………..months if prisoner’s conduct is satisfactory.
5. Postponed till……………..,if prisoner’s conduct is satisfactory.
6. Postponed till a suitable guardian is forthcoming……..
7. Postponed indefinitely……….
8. Rejected………..
9. Name of guardian to be recognized…………….
Member Member Chairman Dated…………..19 Orders of Government Board's recommendation accepted 377 Secretary to Government.
Dated ……………19 Endorsement on revocation of licence.
Secretary to Government.
Dated………………19.
From B [See rule 6 (2)] Jail register of applications for release under the United Provinces Prisoner’s Release on Probation Act,
1938.
Se ria l N o.
Date of application Name of Prisoner Pr is on er ’s n um be r.
W he th er a pp lic at io n re je ct ed b y th e su pe rin te nd en t.
W he th er re tu rn ed y th e Su pe rin te nd en t t o th e pr is on er .
D at e of th e ex pi ry o f l ic en ce .,i f g ra nt ed D at e of d es pa tc h of th e ap pl ic at io n to th e D is tr ic t M ag is tr at e.
O rd er o f t he S ta te G ov er nm en t.
N am e of th e gu ar di an .
D at e gi vi ng th e lic en ce a nd d el iv er y of th e Pr is on er to th e gu ar di an .
D at e of re -a dm is si on o f t he p ris on er in to th e ja il.
D at e, if a ny , o f t he re vo ca tio n of th e lic en ce .
Si gn at ur e of th e gu ar di an in to ke n ot th e re ce ip t o f t he lic en ce a nd d el iv er y to h im o f t he p ris on er .
D at e of fi na l r el ea se fr om th e ja il Re m ar ks 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 378 Form C [See rule 6 (4)] Register of applications for release under the United Provinces Prisoners’ Release on Probation Act to be maintained in the office of the District Magistrate.
Serial No.
D at e of re ce ip t o f a pp lic at io n fr om th e Su pe rin te nd en t.
Name of Prisoner Name of convicting court.
W he th er re co m m en de d to G ov er nm en t f or re le as e D at e of d es pa tc h of a pp lic at io n to th e In sp ec to r G en er al o f P ris on s.
O rd er o f t he S ta te G ov er nm en t.
Name of Guardian.
D at e, if a ny , o f r ev oc at io n of li ce nc e.
W he th er a ct io n ta ke n un de r s ec tio n 7 of th e Ac t.
Re m ar ks .
1 2 3 4 5 6 7 8 9 10 1 1 FORM-D [ See rule 7] Licence of conditional release under section 2 of the U.P. Prisoner’s Release on Probation Act, 1938.
In exercise of the powers conferred by section 2 of the U.P. Prisoners’ Release on Probation Act, 1938, the State Government is pleased subject to the observance of the conditions hereinafter set forth to grant and direct the release of-----, son of , caste----------, aged------------, resident of-----------, police section---------------, district----------------, convict number ------------------at present confined in the--- -------------- jail and place him under the supervision and authority of ---------------,son of---------------, caste-------------, resident of-----------, police station----------. District--------------- or Society/ Institution hereby appointed as the guardian of the said prisoner.
This licence shall expire on the-------------- day of--------, 19------------- unless previously revoked.
379 Conditions to be observed by the licencsee.
(1) The licensee shall remain under the supervision and authority of the above-mentioned guardian during the period of the licence. He shall obey al the instructions of the guardian issued to him either verbally or in writing regarding his residence, employment or conduct.
(2) He shall not proceed beyond the limits of the places within which he may be restricted by his guardian without his permission and shall proceed to and place directed by the guardian and by the route prescribed by the guardian.
(3) He shall report himself at such times and places and to such person as the guardian may from time to time direct.
(4) He shall himself with due industry and to the satisfaction of the guardian do the work upon which the said guardian may direct him to employ himself.
(5) He shall not commit any offence punishable under any law for the time being in force in India.
(6) He shall not in any way associate with persons known to be of bad character or lead dissolute or evil life.
(7) If in the opinion of the State Government he is found to have committed a breach of the abovementioned conditions the State Government may, after the person concerned has been given an opportunity to represent his case before the District Magistrate of the district in which he is residing at the time, revoke the licence and direct his recommitment to prison to serve the rest of the sentence, subject to the provision of section 4 of the U.P. Prisoner’s Release on Probation Act, 1938.
(8) On revocation of this licence, the licensee shall return to the prison named in the order of revocation on or before the date specified therein.
(9) In the event of the death of his guardian, the licensee shall at once report this fact to the District Magistrate of the district in which he resides and shall, if possible, purpose some other suitable guardian in place of the deceased one, giving full particulars of the proposed guardian.
Guardian's duty It shall be the duty of the guardian to see that the conditions of the licence are fulfilled. He shall look after the conduct and welfare of the licensee and generally act in loco parentis. If the 380 licensee’s conduct be bad, it shall be the duty of the guardian to report the fact to the District magistrate.
If a prisoners released on licence under the Act escapes from the supervision or authority of a guardian or fails to return to prison on revocation of his licence, the guardian shall immediately inform the District Magistrate and the Superintendent of the jail and report to the nearest police station and action shall be taken against the prisoners as in a cognizable case.
On the expiry of the period of licence otherwise than by revocation, the guardian shall forthwith inform the licensee that he is absolved from the observation of all conditions of the licence, shall made a note to that effect on the licence and shall return it to the Superintendent of Jail concerned.
Date 19 Home Secretary to Gvoernemt.
Uttar Pradesh.
FORM E [See rule 10 (4)] Order of revocation of licence under section 6 of the U.P. Prisoners’ Release on probation Act, 1938.
Where as………,a licensee released under section 2 of the U.P. Prisoners’ Release on Probation Act, 1938 has committed a breach of condition no……..of his licence, dated ………. by…………, Now, therefore, in exercise of the powers conferred by section 6 of the U.P. Prisoners’ Release on Probation Act, 1938 the State Government hereby revokes with effect from ………the licence under section 2 of the said Act granted on ……..,to………,son of ……..,resident of ……..police station……..,district………,convict no……….of…….. Prison, under the guardianship of …………..,son of ……..,resident of…….,police station……..,district…….and directs that he be re-admitted into the prison to serve the rest of his sentence subject to the provisions of section 4 of the said Act.
(The convict is directed to report himself to the Superintendent of the …… prison at……….on or before the……..)
Date…………..19 Grih Sachiv, U.P. shasan