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State of West Bengal - Section

Section 65 in The West Bengal Correctional Services Act, 1992

65. Transfer of ex military persons or other persons committed by a civil Court to the States of their origin.—

(1)The Inspector General of Correctional Homes and Correctional Services may transfer an ex military person or other person convicted by a civil Court and confined in a correctional home to a correctional home in the State of his origin with the prior consent of the Inspector General of Prisons of that State to enable such person to be as nearer to his home as possible so that such person may have more congenial atmosphere as respects food, climate, association, reformative treatment, interviews and visits of relatives and friends. If such person does not wish to be transferred to the State of his origin for reasons to be recorded by him in writing, the Inspector General of Correctional Services may consider such reasons and pass such orders as he deems fit.
(2)An ex military person convicted by a courtmartial outside India and repatriated to India for custody in a correctional home in West Bengal may be transferred by the Inspector General of Correctional Services for confinement in a correctional home situated in the State of origin of such person with the prior consent of the Inspector General of Prisons of that State:Provided that no such transfer shall be made if there are sufficient reason for custody of such person in a correctional home in West Bengal.