State of Madhya Pradesh - Act
The M.P. Prisoner's Leave Rules, 1989
MADHYA PRADESH
India
India
The M.P. Prisoner's Leave Rules, 1989
Rule THE-M-P-PRISONER-S-LEAVE-RULES-1989 of 1989
- Published on 13 February 1990
- Commenced on 13 February 1990
- [This is the version of this document from 13 February 1990.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
- These rules may be called the Madhya Pradesh Prisoner's Leave Rules, 1989.2.
- These rules shall come into force with effect from the date of their publication in the "Madhya Pradesh Gazette".3. Application.
- They shall apply to the prisoners sentenced by the Courts in Madhya Pradesh and undergoing sentence in the Jails of Madhya Pradesh.4. Conditions of Leave.
- The prisoners shall be granted leave under sub-section (1) of Section 31-A of the Act on the following conditions, namely :-4A. [ Eligibility for Leave. [Inserted by Notification F. No. 3-5-2009-III-Jail-335, dated 5-2-2009.]
- Notwithstanding anything contained in Sections 31-A and 31-B of the Prisoners Act, 1900, eligibility criteria for leave for prisoners, undergoing sentences in the prisons of the State shall be as follows :-4B. Category of prisoners, who are not eligible for leave.
4C. Duration of general leave.
- Eligibility criteria for leave for prisoners as per Rules 4-A and 4-B shall be as follows ;-During the year (agriculture year from month June to May) prisoner shall be eligible for maximum leave of 60 days, which shall be sanctioned in four parts of not more than 15 days in the following duration :-4D. Duration of emergency leave.
- Apart from general leave, convicted prisoner shall he eligible for emergency leave from the date of his admission into prison as follows :-5. Application for Grant of Leave.
6. Sanctioning Authority for first leave.
7.
The examination of request of a prisoner for leave shall be treated as urgent at all stages and orders on the request shall be communicated to the prisoner expeditiously as far as possible.8. Sanctioning Authority for subsequent leaves.
9. [ Conditions for release on leave. [[Substituted by Notification F. No. 3-5-2009-III-Jail-335, dated 5-2-2009. Prior to substitution it was as under:-
'9. The time required for journey, the days of departure from and arrival at the prison shall not be counted towards the period of leave.']]- After satisfaction regarding prisoner's eligibility for leave, Competent Authority shall release such prisoner on leave on the following conditions :-10. Procedure for release on leave.
11. [ Arrest of a prisoner in event of breach of conditions. [[Substituted by Notification F. No. 3-5-2009-III-Jail-335, dated 5-2-2009. Prior to substitulion it was as under:-
'11. Arrest of prisoners in the event of breach of conditions.- A prisoner who does not return to the jail before the evening lock-up of the date fixed for his return shall be deemed to have escaped and intimation of such escape, with a descriptive roll of the prisoner, information regarding his usual address and the addresses which he intended to visit during the leave and such other available information as will facilitate his capture, shall be given by the Superintendent immediately to the District Magistrate and the District Superintendent of Police of the District in which the jail is situated and the District Mug .rale and the District Superintendent of Police shall be requested to arrest the prisoner. If the prisoner belongs to a district other than one in which the jail is situated, a similar intimation shall also be given to the District Magistrate and the District Superintendcni of Police of that District.']]12. Penalty for overstay.
- If the prisoner returns to the jail of his own accord after the date fixed for his return he shall be admitted to the jail and the prisoner's return and the reason for the delay shall be reported immediately to the District Magistrate of the district in which the jail is situated, for his orders where the prisoner should be prosecuted. If it is not considered to prosecute, the Superintendent should hold an enquiry and may for good and sufficient reasons, award one of the following punishments :-13.
- A female prisoner to be granted leave shall be transferred to the jail nearest to place which she intends to visit during her leave. She shall be released from that jail and shall return to that jail. If she so desires, the Superintendent of the Jail from which she is transferred shall intimate to her relatives, the date of her release and the jail from which she is to be released.14.
- the Superintendent can recall a prisoner as soon as he receives a report that the prisoner misbehaves. For this purpose, the Superintendent shall address the police who shall take immediate action in the matter and produce the prisoner.15. Authority competent to sanction emergency leave.
- [(a) The District Magistrate shall be the Competent Authority for the sanctioning of the emergency leave. But in cases of prisoners who have availed themselves of general leave sanctioned by Inspector General of Prisons previously. Inspector General of Prisons, shall be Competent Authority to sanction emergency leave.] [[Substituted by Notification F. No. 3-5-2009-III-Jail-335, dated 5-2-2009. Prior to substitution it was as under;-'(a) The District Magistrate shall be competent to grant emergency leave Hut if a prisoner has availed of leave previously the Superintendent shall be competent to grant emergency leave. The Warrant/Order for Emergency Leave shall be in Form 'C'.']]16.
In case of prisoner sentenced by the Courts in Madhya Pradesh and undergoing sentences in the jails of other States or Union Territories of India, the leave and emergency leave may be granted by the District Magistrate of the District of residence, Inspector General of Prisons and the Superintendent of Jail of that State as the case may be in accordance with the provisions contained in the foregoing rules.17.
Any rules corresponding to these rules in force immediately to prisoners to whom these rules apply are hereby repealed provided that any orders made or action taken under the rules so repealed, shall be deemed to have been made or taken under the corresponding provisions of these rules.18. Removal of doubt.
- If any doubt arises as to the interpretation of any of the provision of these rules, the matter shall be referred to the Government whose decision thereon shall be final.19. Power to relax rules.
- The Government may relax any of the provisions of these rules hereinbefore mentioned or issue such special order as may deem fit.Form 'A'[See sub-rule (a) of Rule 6]Warrant for Release on Leave Granted to the Prisoner by the District Magistrate Under Section 31-A of the Prisoners Act, 1900To,The Superintendent of the.....................Jail...........Whereas.........................(Name and description of the prisoner) at present confined in the ................... Jail ................ under Warrant, dated the....................day of................19.....signed by...............has applied for his/her leave;And where, I, the District Magistrate, being the releasing authority, am duly satisfied that the application can be granted without detriment to public interest.Now, therefore, I.....................the District Magistrate.............hereby, authorise and require you to release on leave the said prisoner from custody for a period of.................days subject to the conditions specified below :-2. .................... number of days required for the journeys by the shortest practicable route to and from the place at which the prisoner proposes to reside or which he/she proposes to visit during his/her release on leave, (to be entered by the District Magistrate) Given under my hand and the seal of the Court, this......................day at............... 19....
2.
............................day required for the journey by the shortest practicable route to and from the place at which the prisoner proposes to reside or which he/she proposes to visit during his/her release on leave.(To be entered by the Inspector General of Prisons, Madhya Pradesh, Bhopal).Given under my hand and the seal of this office this.........................day of................... 19........SignatureInspector General of Prisons,Madhya Pradesh,Bhopal and Releasing Authority.No.........................Dated...................................Returned to the Inspector General of Prisons, Madhya Pradesh, Bhopal.........................with the intimation that the said prisoner was released from.....................the jail on the..............SignatureSuperintendent of Jail.Form 'C'[See sub-rule (a) of Rule 15]Warrant/order for Emergency Leave Under Section 31-B of the Prisoners Act, 1900 (III of 1900)To,The Superintendent of.....................Jail...............Whereas ................................. (Name and description of the prisoner) at present confined in the.........................Jail...............under warrant, dated the....................day of.............. 19......signed by.....................has applied for his/her emergency leave on the ground of.............And, whereas, I, the District Magistrate/Superintendent, Central/ District Jail...................... being the Releasing Authority, am duly satisfied that the application can be granted without detriment to public interest.Now, therefore, I .............................. the District Magistrate/Superintendent, Central/District Jail being the Releasing Authority authorise you to release on emergency leave the said prisoner from the custody for a period of..................days subject to the conditions specified below :-2.
...........................days required for the journeys by the shortest practicable route to and from the place at which the prisoner proposes to reside or which he/she proposes to visit during his/her emergency leave.(To be entered by the District Magistrate/Jail Superintendent, Given under my hand and the seal, this day of. 19.).SignatureDistrict Magistrate/Jail Superintendentand Releasing Authority.Dated.........................No.....................Returned to (name of the Releasing Authority)................................with the intimation that the said prisoner was released from the jail on the ...................and that he/she returned to the jail on the..............Superintendent of the Jail.Form 'D'[See sub-rule (e) of Rule 15]I.................................inhabitant of......................hereby declare myself surety for ............................ prisoner No........... and given the guarantee that he shall duly observe the conditions of release on leave/emergency leave setout in Schedule 'A' and shall appear himself before the Superintendent of........................ prison at .............. on the expiration of the period of his release on leave/emergency leave and in case of his making default herein, I, hereby bind myself to pay to the Government of Madhya Pradesh the sum of Rs.................And, I agree that the Government of Madhya Pradesh may, without prejudice to any other rights or remedies of Government recover from me the said sum as an arrear of land revenue.And, I agree that any extension of time given to prisoner...............will discharge me from my liability to pay the said amount.Signed by the above surety, on this...................day of..........19 in the presence of.| 1. ...............................2................................ | .................................Signature ofthe Surety. |