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State of Madhya Pradesh - Section

Section 6 in The M.P. Prisoners' Release on Probation Rules, 1964

6. Procedure.

(1)Any prisoner eligible for release under these Rules may make an application in Form A to the Superintendent. Such forms shall be printed at the cost of the Government and supplied free of charge to prisoners, to their relatives and persons offering themselves as their guardians.
(2)On receipt of the application, the Superintendent shall examine the application to see if the prisoner and his proposed guardian have duly filled in the columns of the application, meant to be filled in by them. If the application is in order, the Superintendent shall entertain it and cause it to be entered in a register maintained in Form B. If the prisoner is ineligible under Rule 3 he shall reject the application and inform the prisoner of his order. If the prisoner is eligible for release under Rule 4 he shall fill in the columns in the application meant to be filled in by him and forward the same as soon as may be, to the District Magistrate of the district in which the prisoner was convicted. If the application is not in order, the Superintendent shall return it to the prisoner for necessary' correction or supplying the omissions.
(3)On receipt of an application under sub-rule (2) the District Magistrate shall immediately consult the Superintendent of Police and the Probation Officers, where one is appointed and, if necessary, the District Magistrate of the district in which the prisoner ordinarily resides and on receipt of their reports fill in the entries meant to be filled in by him and shall, without delay, forward the same to the Inspector General of Prisons, Madhya Pradesh.
(4)The District Magistrate shall maintain a register in Form 'C' in which all applications received from the Superintendent under sub-rule (2) shall be duly entered.
(5)The applications received from the district, by the Inspector General of Prisons shall be considered by a Board consisting of the Home Secretary to the Government of Madhya Pradesh in the Home Department or any other officer empowered in this behalf by the Government, the Inspector General of Prisons, Madhya Pradesh, or the Deputy Inspector General of Prisons, as the case may be, and a non-official member to be appointed by the Government. Meeting of the Board shall be held at least once every month to make necessary recommendations. The Secretary' to the Government in the Home Department or any other officer empowered in this behalf by the Government, shall be the Chairman of the Board. A non-official member shall, unless the State Government terminates his appointment earlier, hold office for a term of three years.
(6)The Government shall, on the receipt of recommendation of the Board, pass such orders as it may deem proper.
(7)[ A prisoner, whose application for release on licence is rejected by the Government, may again make an application, in Form 'A', to the Superintendent, after a period of two years, such application will be considered in accordance with the procedure prescribed under these rules.] [Inserted by Notification No. F. 12-1-87-III-Jail, dated 12-6-1989.]