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[Cites 0, Cited by 205] [Entire Act]

State of Punjab - Section

Section 3 in The Punjab Good Conduct Prisoners (Temporary Release) Act, 1962

3. Temporary release of prisoners on certain grounds.

(1)The State Government may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily for a period specified in sub-section (2) any prisoner if the State Government is satisfied that -
(a)[ a member of the prisoner's family has died; or [Substituted by Punjab Act No. 1 of 2016, dated 7.1.2016.]
(aa)husband or wife or son or daughter or father or mother or brother or sister or grand-father or grand-mother or grandson or grand-daughter or father-in-law or mother-in-law of the prisoner is seriously ill; or]
(b)the marriage of the prisoner's son or daughter is to be celebrated; or
(c)the temporary release of the prisoner is necessary for ploughing, sowing or harvesting or carrying on any other agricultural operation on his land and no friend of the prisoner or a member of the prisoner's family is prepared to help him in this behalf in his absence;
(cc)[ a lady prisoner is pregnant and is likely to deliver a child; or] [Inserted by Punjab Act No. 1 of 2016, dated 7.1.2016.]
(d)it is desirable to do so for any other sufficient cause.
[Explanation. [Added by Punjab Act No. 1 of 2016, dated 7.1.2016.] - The expression "sufficient cause" includes -
(1)serious damage to life or property of the member of the family caused by any natural calamity; or
(2)critical condition of any member of the family on account of accident; or
(3)delivery of child by the wife of the prisoner.]
(2)[ The period for which a prisoner may be released shall be determined by the State Government so as not to exceed -
(a)where the prisoner is to be released on the ground specified in clause (a) of sub-section (1), fifteen days;
(b)where the prisoner is to be released on the ground specified in clause (aa) or clause (b) or clause (c) or clause (d) of sub-section (1), [eight weeks]; and
(c)where the prisoner is to be released on the ground specified in clause (cc) of sub-section (1), one hundred and twenty days (sixty days prior to the date of delivery of child and sixty days after the date of delivery of child).]
[(2-A) The total period of temporary release of the prisoner, excluding the release availed of, -
(i)on the death of a family member of the prisoner; or
(ii)by a female prisoner on account of delivery of child, as the case may be,
shall not exceed sixteen weeks, during a calendar year and shall be availed of on quarterly basis:Provided that a prisoner, may avail such release for a continuous period of sixteen weeks, during the period falling between the 23rd day of November, 2018 to the 23rd day of November, 2019, as a onetime measure on pro-rata basis, however, subject to the other provisions of the Act:Provided further that any prisoner, who is on temporary release for a specified period and wants to surrender before the expiry of his temporary release period, he shall be allowed to do so.] [Substituted by Punjab Act No. 2 of 2019, dated 16.1.2019.]
(3)The period of release under this section shall not count towards the total period of the release of a prisoner.
(4)The State Government may by notification authorise any officer to exercise its power under this section in respect of all or any of the grounds specified therein.