Transfer of Prisoners Act, 1950
1. Short title and extent
3. Removal of prisoners from one State to another
4. Amendment of section 29 of Act III of 1900
The Transfer Of Prisoners Act, 1950
(29 of 1950)
An Act to provide for the removal from one State to another of persons confined in a prison.
Be it enacted by Parliament as follows:-
LEGISLATIVE HISTORY 6
· Adapatation of Laws (No. 3) Order, 1956
· Repealing and Amending Act, 1957 (36 of 1957)
· Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968)
FACT SHEET 6
· The Transfer Of Prisoners Act, 1950 as in force in the territories to which it generally extnds, is extended to and shall be in force in, the Kohim district and the Mokokchung district – See the Kohim and Mokokchung Districts (Transfer of Prisoners) Regulation, 1961 (7 of 1961), Section 3(w.e.f. 16.8.1961).
· The Act extends to the State of Jammu and Kashmir by virtue of Act 25 of 1968 (w.e.f. 15.8.1968).
· It has been extended to the Union territory of Pondicherry by Act 26 of 1968, Section 2 (w.e.f. 1.3.1969).
· It has been extended to the Union territory of Goa, Daman and Diu by G.S.R. 430; published in the Gazette of India,Pt.II, Section 3(i), p.461. Goa is now a State, see Act 18 of 1987;
· Extended to the Union territory of Dadra and Nagar Haveli by Regn. 6 of 1913.
· Act has been extended to Sikkim – See S.O. 208(E)/ 1975, Gazette of India, Ext., Pt.II, Section 3(ii), p.1213.
Short title and extent .(1) This Act may be called The Transfer of Prisoners Act , 1950.
(2) It extends to the whole of India [- – -].
Object & Reasons6
Statement of Objects and Reasons.-Section 29 of the Prisoners Act, 1900, inter alia provides for the inter-State transfer of prisoners between the States in Parts A, C and D of the First Schedule to the Constitution. There is no provision, however, either in the Prisoners Act, 1900, or any other law for the transfer of prisoners from prisons in those States to prisons in Part B States and vice versa. Cases may arise where the removal or transfer of prisoners from Parts A, C and D States to Part B States and vice versa may be considered administratively desirable or necessary. This Bill is intended to provide legal sanction to such tranfers or removals.
Definitions .In this Act,-
(a) Court includes any officer lawfully exercising civil, criminal or revenue jurisdiction;
[(b) Government or State Government, in relation to a Union territory means the administrator thereof;]
(c) prison includes any place which has been declared by a State Government, by general or special order, to be a subsidiary jail.
Removal of prisoners from one State to another .(1) Where any person is confined in a prison in a State,
(a) under sentence of death, or
(b) under or in lieu of a sentence of imprisonment or transportation, or
(c) in default of payment of a fine, or
(d) in default of giving security for keeping the peace or for maintaining good behaviour;
the Government of that State may, with the consent of the Government of any other State, by order, provide for the removal of the prisoner from that prison to any prison in the other State.
(2) The officer in charge of the prison to which any person is removed under sub-section (1) shall receive and detain him, so far as may be, according to the exigency of any writ, warrant or order of the Court by which such person has been committed, or until such person is discharged or removed in due course of law.
Amendment of section 29 of Act III of 1900 .[Repealed by the Repealing and Amending Act, 1957 (36of 1957), section 2and Schedule I (w.e.f. 17-9-1957).]