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Section 9: Guardian’s duty

U.P. Prisoners' Release On Probation Rules, 1938State Rules of Uttar Pradesh · 1938

(a) It shall be the duty of the guardian to see that the conditions of the lecence are fulfilled. He shall look after the conduct and welfare of the licensee and generally act in loco- parentis. If the licensee’s conduct is found to be bad, it shall be the duty of the guardian to report the fact to the District Magistrate.

371

(b) In debating with the licensee the guardian, when he is a probation officer appointed by the Uttar Pradesh Aparadh Nirodhak Samiti, will be governed by any rules framed by the Society for guidance of probation officers, with the approval of the State Government.

10. (1) The District magistrate, on receiving information from the guardian or any other source, of the breach by the licensee of the conditions of the license, shall cause a notice to be served on the licensee to show cause why his license should not be revoked. If the licensee presents himself in response to the notice, then, after hearing him personally and, if he does not present himself, then without hearing him, the District Magistrate shall consider whether or not to recommend to the State Government for the revocation of the prisoner’s license and shall act accordingly. While making his recommendation to Government for revocation of the license, the District Magistrate shall state the condition or conditions or which, in his opinion, have been breached by the licensee and how they have been breached.

(2) in case the District Magistrate decides to recommended the revocation of the license, he may, at the same time, if he considers that the licensee is unfit to be allowed to remain at large under the license, order his arrest and detention in the prison pending the receipt of the orders of the State Government.

(3) The Sate Government shall on receipt of the District Magistrate’s recommendation pass such orders as it may deem proper.

(4) An order of revocation of license shall be in Form E and shall be servedunpon the licensee if detained in prison by the Superintendent of the Prison , and, if not detained in prison by the officer in charge of police station.

(5) The order of revocation shall be noted on the license and in the registers maintained by the District Magistrate and the Superintendent.

(6) If a prisoner released on license under the Act escapes from the supervision or authority of a guardian or fails to return to prison on revocation of his license, the guardian shall immediately inform the District Magistrate and three Superintendent and report to the nearest police station and action shall be taken against the prisoner as in a cognizable case.

11. Warrant of Commitment. On the release of a prisoner under the Act, the Superintendent shall retain the warrant under which the prisoner was committed to prison by court which sentenced him until the period of his sentence with remission, if any, earned by him during the period of his confinement in jail, has expired. The period during which a prisoner is absent from prison under the 372 provisions of this Act on a licence which is in force shall be reckoned as a part of the period of imprisonment to which he was sentenced for the purpose of computing the period of his sentence.

When the convict released on licence has finished the sentence, the Superintendent shall return the warrant effect on the license and shall return it to the Superintendent shall return the warrant or warrants to the court which issued it or them.

Where this provision sits

ActU.P. Prisoners' Release On Probation Rules, 1938
Section9
Marginal noteGuardian’s duty
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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