THE TRANSFER OF PRISONERS ACT, 1950 [Act, No. 29 of 1950][1]
TRANSFER
OF PRISONERS ACT, 1950
Preamble 1 - THE TRANSFER OF PRISONERS
ACT, 1950
[12th April, 1950]
PREAMBLE
An Act to provide for the removal from
one State to another of persons confined in a prison
B E it enacted by Parliament as
follows: --
Section 1 - Short title and extent
(1) This Act may be called the Transfer of Prisoners
Act, 1950.
(2) It extends to the whole of India[2] [***].
Section 2 - Definitions
In this Act, --
(a) "court"
includes any officer lawfully exercising civil, criminal or revenue
jurisdiction ;
[3] [(b)
"Government or "State Government", in relation to a Part C
State, means the Chief Commissioner of that State.]
(c)
"prison" includes any place which has been declared by State
Government, by general or special order, to be a subsidiary jail.
Section 3 - Removal of prisoners from one State of 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.
Section 4 - Amendment of section 29, Act III of 1900
[Rep. by the Repealing and Amending Act, 1957 (36
of 1957), sec. 2 and Sch.I (w.e.f. 17-9-1957).]
[1] This Act, as in force in the
territories to which it generally extends, 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), sec. 3 (16-8-1961).
The Act now 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 1966, sec. 2 w.e.f. 1-3-1969.
It has also been extended to the Union
Territory of Goa, Daman and Diu by G.S.R. 430, published in Gazette of India.
Pt. II, Sec. 3 (i), p. 461; and to the Union territory of Dadra and Nagar
Haveli by Regn.6 of 1913.
It has been extended to Sikkim-See S.O.
208 (E)/1975-Gazette of India. Extra., Pt. II, Sec. 3(ii), p. 1218.
[2] Words "except the State of Jammu
and Kashmir" omitted by 25 of 1968, sec. 2 w.e.f. 15-8-1968.
[3] Substituted by the A.O. (No. 3) 1956,
for clause (b) w.e.f. 1-11-1956