Section 69 in The U.P. Habitual Offenders' Restriction Rules, 1957
69. Release of habitual offenders from settlement.
- The Manager shall be guided by the following rules in the matter of release of persons confined in the settlement :(a)The day on which the sentence was passed and the day of release shall count as days of confinement.(b)The terms "months" and "year" mean a month and year reckoned according to the British Calendar.(c)When a sentence of confinement includes a fraction of a month, the month shall be reckoned to 30 days.(d)When a person confined in settlement is recaptured after escape, the day on which he had escaped and the day of which he was recaptured, shall both the counted as days of confinement.(e)On admission to the settlement, the name of the habitual offender shall be entered in the release check register in Form XIII at the time of admission. For every such offender, a date, called the check date, shall be fixed which shall be the date on which he will complete two-thirds of his sentence. The check date shall be entered in the release check register on the page allotted to the month within which the check date falls and shall also be recorded on the history ticket, warrant or warrant cover and all entries shall be signed by the Manager.(f)In the first week every month, the Manager or other officer entrusted with this duty, shall examine the warrant and history ticket of every habitual offender whose name is entered in the release check register under the month next following and fix the final date of release. After the date has been checked and approved by the Manager, the habitual offender's name shall be entered in the release register under the date finally fixed.The Manager or other officer entrusted with this duty, shall initial the entry and all similar entries made in the warrant cover and history ticket.(g)On or before the 25th day of every month, all habitual offenders to be released in the succeeding month shall be produced before the Manager and informed of the dates on which they will be released.(h)All release orders shall be complied with the same day.(i)The Manager shall not release any offender on the authority of any informal document. Release orders duly signed by the Presiding Officer of the Court and impressed with the Court's seal shall alone be acted upon. Such orders shall contain full particulars in regard to the habitual offenders to be released and shall be sent by courts as far as possible through court peons after having been duly entered in the dak-book or by post.(j)The Manager shall not release any habitual offender on the authority of telegrams save in the case of a telegram despatched by the Secretary to the State Government or by the Registrar of the High Court. Such telegrams should invariably be acknowledged by telegram.(k)No habitual offender suffering from any acute disease shall be discharged from the settlement against his will or until, in the opinion of the medical officer incharge of the settlement, he can be safely discharged.(l)The Manager is personally responsible for the correct release of habitual offenders.(m)Before a habitual offender is released from the settlement, the Manager shall compare the marks of identification as given on the warrant and in the settlement register with those of the habitual offender and take his thumb impression or at the discretion of the Manager in the case of a literate offender, his signature and compare it with that taken on the day of his admission so as to ensure beyond all doubts the habitual offender's identity. He shall also cause the descriptive roll of the offender to be read out and shall then endorse the order of release on the back of the offender's warrant and initial the entries of the date of release In the release and admission registers.(n)At the time of releasing a habitual offender, the Manager shall deliver to him all money, and other property belonging to him. The words 'Property received' shall be stamped across the list of property entered in the property register (Form VI) and habitual offender's signature or left thumb-impression shall be taken below it in token of receipt. The Manager shall satisfy himself that the offender has received all his private property and shall countersign the entry in the property register.(o)The Manager shall supply every offender whose clothing has been tom or destroyed or is insufficient for the purpose of health or decency, with clothing according to the scale laid down below :One kurta and one pyjama if the offender has no clothes of his own. In case he does not like to wear pyjama, a dhoti may be given in place of pyjama. Destitute female habitual offenders may be given one sari and one jumper on release. In severe cold weather a serviceable blanket may be issued to real destitute and deserving habitual offenders who are old and infirm and when the journey involves travelling by night.(p)Every habitual offender shall, on release, be furnished with a certificate in Form XIV to the effect that he has completed the term of confinement and also a certificate of proficiency in any industry learnt by him during the period of confinement.(q)The following scale of diet money is laid down for habitual offenders in possession of not more than a sum of Rs. 2 on release :(a)Journey by road :(i)No allowance when the distance to be travelled by road is five miles or under.(ii)If the distance exceeds five miles, six annas a day for each day's march of fifteen miles or part thereof.(b)Journey by rail or lorry :(i)No allowance for journey when the distance to be travelled is 20 miles or under.(ii)When the distance exceeds 20 miles, six annas a day for each day or part of a day spent on the journey.(c)Double the amount of allowances in case of female and infirm habitual offenders, and for journeys in the hills.Note. - When diet money Is admissible under both (a) (ii) and (b) (ii) on any particular day, only a single payment shall be made.(d)An offender, whose home is at more than five miles from the settlement from which he is released may be given :(1)a third class railway ticket, or(2)lorry fare of the lowest class, accordingly as his home is most conveniently reached by rail or by lorry :Provided that no offender shall be given either railway ticket or lorry fare if there is in deposit in his name in the settlement, enough money to pay for his fair leaving a sum of Rs. 2 with him for miscellaneous expenses.Form I[See Rule 3 (1)]Notice under Section 4 (1) of the U. P. Habitual Offenders' Restriction Act 1952I....... District Magistrate/Additional District Magistrate/Magistrate of the first class specially empowered under this Act (Act XXXVIII of 1952) am, upon information received, satisfied that Sri............... son of........ ordinarily residing in.......... of this district is an habitual offender, having been sentenced to substantive terms of imprisonments as per details given below :
