The Himachal Pradesh Good Conduct Prisoners' (Temporary Release) Act, 1968

THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS 

(TEMPORARY RELEASE) ACT, 1968 

ARRANGEMENT OF SECTIONS 

Sections: 

1. Short title, extent and commencement. 

2. Definitions. 

3. Temporary release of prisoners on certain grounds. 

4. Temporary release of prisoners on furlough. 

5. Exclusion of certain days in computing period under sections 3 

and 4. 

6. Prisoners not entitled to be released in certain cases. 

7. Journey expenses of poor prisoners to be borne by the 

Government. 

8. Liability of prisoner to surrender on expiry of release period 

and consequences of over-staying. 

9. Penalty for failure to surrender. 

10. Power to make rules. 

11. Repeal and savings. 

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THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS 

(TEMPORARY RELEASE) ACT, 1968 

(ACT NO. 12 OF 1969)1 

(Received the assent of the President on the 8
th
 April, 1969, and was 

published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 2
nd

 

June, 1969, pp. 465-469).  

An Act to provide for the temporary release of prisoners for good 

conduct on certain conditions. 

Amended, repealed or otherwise affected by,- 

The Himachal Pradesh Adaptation of Laws (State and Concurrent 

Subjects) Order, 1973, published in the Rajpatra, Himachal 

Pradesh (Extra-ordinary), dated the 20
th
 January, 1973, pp. 91-

112, effective from 25
th
 January, 1971. 

BE it enacted by the Legislative Assembly of Himachal Pradesh in the 

Nineteenth Year of the Republic of India as follows:- 

 

                                                 
1. For Statement of Objects and Reasons see the Rajpatra, Himachal Pradesh 

(Extra-ordinary), dated the 30
th

 November, 1968, p. 1180.  



THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) 

ACT, 1968 

2 

1. Short title, extent and commencement.- (1) This Act may be 

called the Himachal Pradesh Good Conduct Prisoners (Temporary Release) 

Act, 1968. 

(2) It extends to the whole of the 1[State of Himachal Pradesh]. 

(3) It shall come into force on such date2 as the Government may, by 

notification, in the Official Gazette, appoint. 

2.  Definitions.- In this Act, unless the context otherwise requires,- 

(a)  "District Magistrate" means the District Magistrate of the 

District within whose jurisdiction the prisoner, after his 

temporary release under this Act, is likely to reside during the 

period of his release; 

(b) "Government" means the Government of Himachal Pradesh; 

(c) "member of prisoner's family" means the husband, wife, son, 

daughter, father, mother, brother or sister of the prisoner; 

(d) "notification" means notification published under proper 

authority, in the Official Gazette; 

(e)  "Official Gazette" means the Rajpatra, Himachal Pradesh; 

(f)  "prescribed" means prescribed by rules made under this Act; 

(g) "prisoner" means a person confined in prison under a 

sentence of imprisonment; 

(h) "Superintendent of Jail" means the Superintendent of the jail 

in which the prisoner is undergoing his sentence of 

imprisonment. 

3. Temporary release of prisoners on certain grounds.- (1) The 

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 Government is 

satisfied that,- 

(a) a member of the prisoner's family has died or 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 

                                                 
1. Substituted for "Union territory of Himachal Pradesh" by A.O. 1973. 

2. The Act came into force from 1
st
 September, 1971 vide Notification No. 2-45/71-

jails (Sectt.), dated 17
th

 August, 1971, published in the Rajpatra, Himachal 

Pradesh, dated 23
rd

 August, 1971, p. 1120. 



THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) 

ACT, 1968 

3 

in this behalf in his absence; or 

(d) it is desirable so to do for any other sufficient cause. 

(2). The period for which a prisoner may be released shall be 

determined by the 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), two weeks; 

(b) where the prisoner is to be released on the ground specified in 

clause (b) or clause (d) of sub-section (1), four weeks; and 

(c) where the prisoner is to be released on the ground specified in 

clause (c) of sub-section (1), six weeks. 

(3) The period of release under this section shall not count towards 

the total period of the sentence of a prisoner. 

(4) The 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. 

4. Temporary release of prisoners on furlough.- (1) The 

Government or any other officer authorised by it in this behalf may, in 

consultation with the District Magistrate and subject to such conditions and in 

such manner as may be prescribed, release temporarily, on furlough, any 

prisoner who has been sentenced to a term of imprisonment of not less than 

five years, and who,- 

(a) has, immediately before the date of his temporary release, 

undergone imprisonment for a period of three years, 

excluding remission; and  

(b) has not during such period committed any jail offence and has 

earned at least three annual good conduct remissions: 

Provided that nothing herein shall apply to a prisoner who,- 

(i) is a habitual offender as defined in 1[clause (d) of section 

2 of the Himachal Pradesh Habitual Offenders Act, 1969 

(Act No. 8 of 1970)]; or 

(ii) has been convicted of robbery or dacoity or such other 

offence as the Government may, by notification, specify. 

(2) The period of furlough for which a prisoner is eligible under sub-

section (1) shall be three weeks during the first year of his release and two 

weeks during each successive year thereafter. 

(3) Subject to the provisions of clause (d) of sub-section (3) of section 

8, the period of release referred to in sub-section (1) shall count towards the 

total period of the sentence of a prisoner. 

                                                 
1. Substituted for "clause (3) of section 2 of the Punjab Habitual Offenders (Control 

and Reform) Act, 1952" by A.O. 1973.  



THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) 

ACT, 1968 

4 

5. Exclusion of certain days in computing period under sections 3 
and 4.- For the purpose of calculating the period of temporary release of a 

prisoner under sections 3 and 4, the days of departure from and arrival at the 

prison shall be excluded. 

6. Prisoners not entitled to be released in certain cases.-   

Notwithstanding anything contained in sections 3 and 4, no prisoner shall be 

entitled to be released under this Act, if, on the report of the District 

Magistrate, the Government or an officer authorised by it in this behalf is 

satisfied that his release is likely to endanger the security of the State or the 

maintenance of public order. 

7. Journey expenses of poor prisoners to be borne by the 
Government.- If, on the report of the District Magistrate, the Government is 

satisfied that a prisoner’s family can not bear the expenses of his journey from 

and to the prison after his temporary release under this Act, the expenses may 

be borne by the Government to such extent and in such manner as may be 

prescribed. 

8. Liability of prisoner to surrender on expiry of release period 
and consequences of overstaying.- (1) On the expiry of the period for which 

a prisoner is released under this Act, he shall surrender himself to the 

Superintendent of the jail from which he was released. 

(2) If a prisoner does not surrender himself as required by sub-section 

(1) within a period of ten days from the date on which he should have so 

surrendered, he may be arrested by any police officer without a warrant and 

shall be remanded to undergo the unexpired portion of his sentence. 

(3) If a prisoner surrenders himself to the Superintendent of the jail 

from which he was released within a period of ten days of the date on which 

he should have so surrendered, but fails to satisfy the Superintendent of the 

jail that he was prevented by any sufficient cause from surrendering himself 

immediately on the expiry of the period for which he was released, all or any 

of the following penalties shall, after affording the prisoner a reasonable 

opportunity of being heard, be awarded to him by the Superintendent of the 

jail, namely,- 

(a) a maximum cut of five days' remission for each day of 

overstay; 

(b) stoppage of canteen concession for a maximum period of one 

month; 

(c) withholding concession of either interviews or letters or both 

for a maximum period of three months; 

(d) the period of temporary release on furlough of the prisoner 

under section 4 shall not be counted towards his sentence; 

(e) warning; and 

(f)  reduction from the status and grade of "Convict Watchman" 

or "Convict Overseer". 



THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) 

ACT, 1968 

5 

9. Penalty for failure to surrender.- Any prisoner who is liable to be 

arrested under sub-section (2) of section 8, shall be punishable with 

imprisonment of either description which may extend to two years or with 

fine or with both. 

Explanation.- The punishment in this section is in addition to the 

punishment awarded to the prisoner for the offence for which he was 

convicted. 

10. Power to make rules.- (1) The Government may, by notification, 

make rules for carrying out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the 

foregoing power, such rules may provide for,- 

(a) the execution by the prisoner (including his sureties) of bond 

for his good behaviour during the release period and for his 

surrender on the expiry of such period; 

(b) the amount for which and the form and manner in which such 

bonds shall be furnished; 

(c)  the forfeiture of the amount of bond in case of breach of any 

of its terms; 

(d) the conditions on which and the manner in which prisoners 

may be released temporarily under this Act; 

(e) the manner in which the District Magistrate shall be consulted 

before a prisoner is released; and 

(f) the extent to which and the manner in which journey expenses 

of poor prisoners shall be borne by the Government. 

(3) All rules under this section, shall, as soon as may be after they are 

made, be laid before the Legislative Assembly. 

11. Repeal and savings.- The Punjab Good Conduct Prisoners 

(Temporary Release) Act, 1962 (Act No. 11 of 1962), as in force in the areas 

added to Himachal Pradesh under section 5 of the Punjab Re-organisation 

Act, 1966 (Act No. 31 of 1966), is hereby repealed: 

Provided that anything done or any action taken under the said Act, 

shall, in so far as it is not inconsistent with the provisions of this Act, be 

deemed to have been done or taken under this Act. 

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