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State of Uttar Pradesh - Section

Section 6 in U.P. Prisoners' Release On Probation Rules, 1938

6. [ Procedure. [Substituted by Notification No. 1055-P/22-1583-46, dated 31st July, 1974.]

(1)Any prisoner eligible for release under Section 2 of the Act 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 to persons offering themselves as their guardians.]
(2)On the 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 through the Superintendent of Police. If the application is not in order, the Superintendent shall return it to the prisoner for necessary correction or supplying the omissions.
(3)In cases where there is Probation Officer, the Superintendent of the Jail shall forward the application to the Probation Officer, sending a copy thereof to that Superintendent of Police who shall send his report to the Probation Officer. The Probation Officer shall make his independent inquiry and then submit his report direct to the District Magistrate in the following form after incorporating therein the report of the Superintendent of Police:
(1)Name of convict.............................
(2)Convicted under section.....................
(3)Sentence.....................................
(4)Relationship of guardian.....................
(5)[ The applications received from the districts by the Inspector-General of prisons shall be considered by a Board consisting of the following, namely:- [Substituted by Notification No. 2175-Pro/22-90-2121-83, dated 21st May, 1990.]
(1) Secretary to the Government of Uttar Pradesh in the Departmentof Jail, who shall be the ... Chairman
(2) Special Secretary to the Government of Uttar Pradesh in theDepartment of Home, nominated by the Home Secretary ... Member
(3) Special Secretary to the Government of Uttar Pradesh in theJudicial Department, nominated by the Judicial Secretary, and ... Member
(4) Inspector-General of Prisons ... Member]
[Three members shall form the Quorum of a meeting of a Board.] [Inserted by Notification No. 5866/22-2-92/2121-83, dated 8th October, 1992.]
(6)Recommendation regarding release (state reasons when release opposed):-
(a)Jail..................................................................
(b)Police.....................................
(c)Probation Officer
(7)District Magistrate's order..............Immediately on receipt of an application under sub-rule (2) and this rule, the District Magistrate shall move the courts concerned for supplying him with the certified copies of the relevant judgements in the case, free of cost, and shall, if necessary, simultaneously consult, through the Superintendent of Police concerned, the District Magistrate of the district in which the prisoner ordinarily resides. On receipt of the copies of the judgements, and the report of the District Magistrate of the district of residence of the prisoner, he shall attach the copies of the judgements to the application, fill in the entries therein meant to be filled in by him, and shall without delay forward the same to the Inspector-General of Prisons.(3-A) On receipt of an intimation about the death of his guardian along with the proposal for appointment of another guardian from a licensee, the District Magistrate of the district in which the licensee resides, shall refer the case to State Government for appointment of a fresh guardian in place of the deceased one along with his opinion about the suitability of the proposed guardian. In case the licensee does not send his proposal for appointment of another guardian, the District Magistrate shall require the licensee to do so before making a reference to Government. If no guardian in place of the deceased one is proposed within fifteen days of the receipt of the District Magistrate's Order by the licensee, the case would be reported by the District Magistrate to Government for orders.
(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 application received from the district by the Inspector-General of Prisons shall be considered by a Board consisting of the Home Secretary to the Uttar Pradesh Government or any other officer empowered in this behalf by the State Government, the Inspector-General of Prisons or the Deputy Inspector-General of Prisons, as the case may be, and a Deputy Minister or Parliamentary Secretary nominated by the State Government. The Deputy Minister or the Parliamentary Secretary or, in his absence, the Home Secretary or the officer empowered by the State Government, as above, shall be the Chairman of the Board. Meetings of the Board shall be held at least once every month to make necessary recommendations.
(6)The State Government shall on the receipt of recommendations of the Board pass such orders as it may deem proper.
(7)The State Government shall, on receipt of the report of the District Magistrate regarding appointment of a fresh guardian of a licensee in place of the deceased one, pass such orders as it may deem proper.