(1) Any prisoner eligible for release under these rules may make an application in the Form-A to the Superintendent. Such forms shall be printed at the cost of the Government and supplied free of charge to prisoners, to their relatives and to persons offering themselves as their guardians.
(2) On the receipt of the application, the superintendent shall examine the application to see if the prisoner and his proposed guardian have duly filled in the column of the application meant to be filled in by them. If the application is in order, the Superintendent shall entertain it and cause it to be entered in a register maintained in Form B. if the prisoner is ineligible under rule 3, he shall reject the application and inform the prisoner of his order. If the prisoner is eligible for release under rule 4, he shall fill in the columns in the application meant to be filled in by him and forward the same as soon as may be, to the District Magistrate of the district in which the prisoner was convicted through the Superintendent of Police.If the application is not in order, the supermtendent shall return it to the prisoner for necessary correction or supplying the omissions.
(3) In cases where there is probating officer, the Superintendent of the jail shall forward the application to the probation officer, sending a copy thereof to the Superintendent of Police who shall sent his report to the probation officer. The probation officer shall make his independent inquiry and then submit his report direct to the district Magistrate in the following form after incorporating therein the report of the Superintendent of police.
(1) Name of convict……………………….
(2) Convicted under section……………..
(3) Sentence………………………….
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(4) Relationship of guardian………………………...
(5) Opinion about suitability of.
guardian (together with reasons in case of non-suitability)-
(a) Police……………………….
(b) Probation officer…………
(6) Recommendation regarding release (state reasons when release opposed)-
(a) Jail ……………….
(b) Police ……………..
(c) Probation Office ……………….
(7) District Magistrate’s order……………….
Immediately on receipt of an application under sub-rule (2) and this rule, the District Magistrate shall move the courts concerned for supplying him with the certified copies of the relevant judgments in the case, free of cost, and shall, if necessary, simultaneously consult, through the Superintendent of Police concerned, the District Magistrate of the district in which the prisoner ordinarily resides. On receipt of the copies of the judgments and the report of the District Magistrate of the district of residence of the prisoner, he shall attach the copies of the judgments to the application, fill in the entries therein meant to be filled in by him, and shall, without delay forward the same to the Inspector- General of Prisons.
(3-A).On receipt of an intimation about the death of his guardian along with the proposal for appointment of another guardian from a licensee, the District Magistrate of the district in which the licensee resides, shall refer the case to State Government for appointment of a fresh guardians in place of the deceased one along with his opinion about the suitability of the proposed guardian. In case, the licensee does not send his proposal for appointment of another guardian the District Magistrate shall require the licensees do so before making a reference to Government. If no guardian in place of the deceased one is proposed within 15 days of the receipt of the District Magistrate’s orderly by the licensee, the case would be reported by the District Magistrate to Government for orders.
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(4) The District Magistrate shall maintain a register in form C, in which all applications received from the Superintendent under sub-rule (2) shall be duly entered.
(5) The applications received from the districts by the Inspector-General of Prisons shall be considered by a board consisting of the Home Secretary to the Utter Pradesh Government or any other officer empowered in his behalf by the State Government, the Inspector-General of Prisons or the Deputy Inspector-General of prisons, as the case may be, and a Deputy Minister or Parliamentary Secretary nominated by the State Government the Deputy Minister or, Parliamentary Secretary or, in his absence, the Home Secretary or the officer empowered by the State Government, as above, shall be the chairman of the board. Meetings of the board shall be held at least once every month to make necessary recommendations.
(6) The State Government shall, on the receipt of report of District Magistrate regarding the appointment of a fresh guardian of licensee in place of the deceased one, pass such orders as it may deem proper.
(7) Licence.- A prisoner whose release on license is sanctioned by the State Government shall be granted a license in Form D. Three copies of such a license shall be prepared for each prisoner. One shall be retained by the Government, another shall be sent to the Superintendent for delivery to the guardian of the prisoner and the third shall be forwarded to the District Magistrate for information.