Section 46 in Rajasthan Habitual Offenders Rules, 1955
46. Discharge from settlement.
(1)The officer authorised under section 7 of the Act to order discharge of a [registered offender] [Substituted by ibid] from a settlement shall be the Deputy Inspector-General of Police, C.I.D.1 Rajasthan, Jaipur, acting in consultation with the Manager of the [corrective settlement] [Substituted by ibid] and the Superintendent of Police.(2)The fitness for discharge of every [registered offender] [Substituted by ibid] placed in a settlement shall be examined, ordinarily, after he has resided in a [corrective settlement] [Substituted by ibid] for a period of 3 years, and thereafter before the 1st of July every year, by the [corrective settlement] [Substituted by ibid] Manager in consultation with the Superintendent of Police having jurisdiction over the [corrective settlement] [Substituted by ibid].(3)If, during the period of his residence in a [corrective settlement] [Substituted by ibid] a [registered offender] [Substituted by ibid] has been sentenced to imprisonment by a criminal court, the period of 3 years afraid shall be calculated from the date of expire of such sentence or the last of such sentences, as the case may be.(4)No [registered offender] [Substituted by ibid] shall be discharged from the [corrective settlement] [Substituted by ibid] unless-(a)his conduct has been uniformly good and he has had no disciplinary punishment during the 3 years immediately before his discharge, and he had no conviction in a criminal court for an offence involving moral turpitude during the said period, and(b)he is able to maintain himself and his dependents by honest means outside the [corrective settlement] [Substituted by ibid].(5)The Deputy Inspector-General of Police, C.I.D.; may, for special reason in consultation with the Superintendent of Police The District Magistrate and the [corrective settlement] [Substituted by ibid] Manager, discharge a person from a [corrective settlement] [Substituted by ibid] within a shorter period than that prescribed by sub-rule (2), (3) and (4).(6)[registered offender] [Substituted by ibid] discharged from a [corrective settlement] [Substituted by ibid] shall ordinarily be on probation for such period as the said Deputy Inspector General of Police, C.I.D. may direct and shall during the period of probation reside in such place as the later may direct.(7)The period of probation shall not ordinarily exceed two years, but may be extended by the said Deputy Inspector-General of Police, C.I.D. for sufficient reasons to be recorded.(8)The discharge licence shall be in from No. 27. The discharged offender shall, during the period of probation, continue to maintain good conduct and shall comply with the conditions entered in the discharge licence. For breach of this sub-rule, he may be replaced in the [corrective settlement] [Substituted by ibid] by the said Deputy Inspector-General of Police, C.I.D. after a reasonable opportunity has been given to him of being heard.(9)A [registered offender] [Substituted by ibid] discharged from the [corrective settlement] [Substituted by ibid] who completes the period of his probation satisfactorily, shall be discharged finally from the [corrective settlement] [Substituted by ibid].
