The Transfer of Prisoners Act, 1950

LIST AMENDING ACTS

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The Repealing and Amending Act, 1952 (48 of 1952). The Repealing and Amending Act, 1957 (36 of 1957). The Central Laws (Extension to Jammu and Kashmir) Act, 1968 (25 of 1968). ____________ LIST OF ABBREVIATIONS USED Notifn. . . . . . for Notification.

THE TRANSFER OF PRISONERS ACT, 1950

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THE TRANSFER OF PRISONERS ACT, 1950 _______ ARRANGEMENT OF SECTIONS ________ SECTIONS 1. Removal of prisoners from one State to another.

THE TRANSFER OF PRISONERS ACT, 1950

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Section 1 — Short title and extent

Section 2 — Definitions

Section 3 — Removal of prisoners from one State to another

THE TRANSFER OF PRISONERS ACT, 1950 1 ACT NO. 29 OF 1950 [12th April, 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:— 1. Short title and extent.—(1) This Act may be called the Transfer of Prisoners Act, 1950. 2 (2) It extends to the whole of India * * *. 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.

STATEMENT OF OBJECTS AND REASONS

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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 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 for such transfer or removals.