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The East Punjab Exchange of Prisoners Act, 1948 Complete Act - Bare Act

StatePunjab Government
Year
Act Info:
THE EAST PUNJAB EXCHANGE OF PRISONERS ACT, 1948

THE EAST PUNJAB EXCHANGE OF PRISONERS ACT, 1948

[Act 13 of 1948]

[5th April 1948]

PREAMBLE
An Act to provide for the exchange of prisoners with 1Punjab
It is hereby enacted as follows :-
1. Substituted for the words "West Punjab" by the Adaptation of Laws (Third Amendment) Order, 1951.

Section 1 - Short title, and extent
(1) This Act may be called the East Punjab Exchange of Prisoners Act, 1948
(2) It shall extend to the whole of 1[State] 2[Punjab].
1. Substituted for the words 'Province' by the Adaptation of Laws Order, 1950.
2. Substituted for the words 'East Punjab' by the Adaptation of Laws Order, 1950.

Section 2 - Interpretation
In this Act, unless there is anything repugnant in the subject or context-
(a) the expression 'prison' includes a central, district or subsidiary jail, a judicial lock-up and every place which is used as a place of detention for persons who have been arrested or detained under any law for the time being in force;
(b) the expression 'prisoner' includes every person who is detained in a prison by order of a competent authority not being a Civil Court.
(c) the expression 'transferable prisoner' means any Muslim prisoner who is in custody in any prison in 1[Punjab underfeed order of empowered Corroder authority and who is willing to transferred to 2Pakistan deprivation of Part II; and
(d) the expression 'repatriated prisoner' means a person who being in custody in a prison or other place of detention in 3[the Province of Punjab in Pakistan or in any State which being adjacent to that Province, has acceded to Pakistan is conveyed and delivered by a duly authorised official of the Government of Pakistan or the Government of Punjab in Pakistan] in compliance with the orders of such Government, to an official of the 1[Punjab Government].
1. Substituted for the words 'East Punjab' by the Adaptation of Laws Order, 1950.
2. The words "the Dominion of omitted by the Adaptation of Laws (Third Amendment) Order, 1951.
3. Substituted for the words "the Province of West Punjab or in any State which being adjacent to that Province has acceded to the Dominion or Pakistan, is conveyed and delivered by a duly authorised official of the Dominion of Pakistan or the Government of West Punjab" by the Adaptation of Laws Order, 1951.

Section 3 - Removal of transferable prisoners
(1) The 1[State] Government may issue a warrant addressed to the officer in charge of a prison to deliver any transferable prisoner confined therein, along with all the records relating to such prisoner and the personal effects taken from him at the time of his admission to a person to the prison authorised in that behalf in the afore-said warrant.
(2) The officer in charge of the prison shall forthwith comply with the warrant issued under sub-section (1), and the person to whom delivery of the prisoner and any record or article is made shall furnish to such officer in charge a written receipt in respect of such delivery.
(3) The person taking such delivery shall deliver, the transferable prisoner and any records or article relating to that prisoner at such place as the [State] Government may specify, and to such official 2[of the Government of Pakistan or the Government of Punjab in Pakistan], as the [State] Government may by general or special order and either by name or designation provide; and thereupon all Courts, Tribunals or authorities whatsoever in 3[Punjab] shall cease to have jurisdiction in relation to such prisoner in respect of the offence or other matter which was the cause of his confinement in [Punjab].
(4) The [State] Government may requisition the record of any proceedings (including judicial proceedings) in relation to a prisoner transferred under sub-section (3) from any Court or office where such record may be kept and may direct that such record shall be sent to any official or authority 4[of the Government of Punjab in Pakistan or of the Government of Pakistan.]
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "of the Dominion of Pakistan or the Government of West Punjab" by the Adaptation of Laws Order, 1951.
3. Substituted for the words "East Punjab" by the Adaptation of Laws Order. 1950.
4. Substituted for the words "of the Government of West Punjab of the Dominion of Pakistan" by the Adaptation of Laws Order, 1951.

Section 4 - Examination of witnesses on commission
If in regard to any criminal proceeding pending before a court 1[in Pakistan] against a transferable prisoner who has been transferable to 2[Pakistan] under section 3, a latter of request issued by such Court is received by the District Magistrate of any district in [Punjab] for the examination of any witness residing in such district, the District Magistrate shall appoint for the purpose any Magistrate subordinate to him and thereupon the provisions of Chapter XL of the Code of Criminal Procedure (V of 1898) shall so far as may be applicable in regard to the compliance with such letter of request:-
Provided that any person duly authorised in that behalf 3[by the Government of Pakistan or by the Government of Punjab in Pakistan] shall be entitled to be present at the examination of such witness.
1. Substituted for the words "of the Government of West Punjab of the Dominion of Pakistan" by the Adaptation of Laws Order, 1951.
2. Substituted for the words "that Dominion" by the Adaptation of Laws Order, 1951.
3. Substituted for the words "by the Dominion of Pakistan or by the Government of West Punjab" by the Adaptation of Laws Order, 1950.

Section 5 - Custody and removal of repatriated prisoners
The 1[State] Government may by general or special order specify the place at which and, either by name or designation, the official by whom custody of a repatriated prisoner, together with any article or records which may have been sent along with him, shall be received and the prison to which he is to be removed, and the officer in charge of such prison shall thereupon receive such prisoner and any article or records which may be produced along with him.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 6 - Convicted prisoners
The officer in charge of the prison shall detain in custody a repatriated prisoner who, before his repatriation, was a convict undergoing a sentence in a prison-
(a) according to the tenor of the warrant, writ or order of commitment to prison, if any, relating to such prisoner, or
(b) failing such warrant, writ or order as aforesaid in accordance with he order of the 1[State] Government.
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Section 7 - Prisoners undergoing trial before repatriation
(1) The 1[State] Government may direct any Court, other than the High Court, to enquire into or try any case which may have been pending against a repatriated prisoner immediately before his repatriation :-
Provided that -
(a) the offence charged against such prisoner is also an offence under the law in force in 2[Punjab]; and
(b) such court would have been competent to try such offence if it had been committed within the local limits of its jurisdiction.
(2) On the making of an order under sub-section (1) the Court specified in the order shall proceed to enquire into to try such case according to law, as if the offence to which it relates had been committed within the local limits of its jurisdiction, and all the provisions of the Code of Criminal Procedure (V of 1998) and all other laws in force in 2[Punjab] shall so far as may be, apply to such proceedings.
(3) In any proceedings under sub-section (2), all evidence, both oral and documentary, which has been duly received in the proceedings against the repatriated prisoner held prior to his repatriation, or the copies of such evidence certified under section 76 of the Indian Evidence Act (1 of 1872), may be treated as evidence in the case for all purposes subject to the provisions of the Indian Evidence Act (1 of 1872).
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "East Punjab" by the Adaptation of Laws Order, 1950.

Section 8 - Prisoners repatriated while in police custody
(1) The [State] Government may in respect of any, repatriated prisoner, who, immediately before repatriation, was held under arrest or detention in police custody during or after completion of a police investigation, specify a 1[Judicial Magistrate] of the first class who shall have and exercise jurisdiction.
(2) Every repatriated prisoner in respect of whom an order has been made under sub-section (1) shall be produced without delay before the Magistrate specified in the order, and such Magistrate may take cognizance of any offence that such repatriated prisoner may be reported by a police officer to have committed, and may grant him bail.
(3) Where the repatriation was effected before completion of the police investigation, or the Magistrate is of the opinion that the evidence is deficient, the repatriated prisoner shall be released upon his entering into a bond with or without sureties, as the Magistrate may direct, to appear if and when so required, and in the meantime, the Magistrate may order such further enquiry into the substance of the allegations as he thinks fit.
(4) In every case falling under sub-section (3), the Magistrate may, if he is satisfied at any stage that there is no prospect of securing sufficient evidence to justify commencement of proceedings against the repatriated prisoner, direct that such prisoner be discharged from his bond.
1. Substituted for the words "Magistrate" by Punjab Act 25 of 1964, Section 2 and Schedule Part III.

Section 9 - Delegation of power
The 1[State] Government may, by notification, delegate all or any of its powers under sections 5, 6, 7 and 8 to any public servant, either by name or the designation.
_____________________
1. Substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.

Section 10 - Power of State Government in relation to prisoners detained for reasons of security
In relation to any repatriated prisoner whose detention immediately before his repudiation had been ordered under any law authorising preventive detention for reasons connected with public order, the 1[State] Government shall have the same power in respect of extension or reduction of the term of detention as it possesses in relation to persons detained under section 3 of the 2[Punjab] Public Security Act, 1947 (Punjab Act II of 1947) as in force in 3[Punjab].
_____________________
1. Substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.
2. See now the Punjab Security of the State Act XI of 1953.
3. Substituted for the words "East Punjab" by the Adaptation of Laws Order, 1950.

Section 11 - Jurisdiction of the High Court
The High Court of Judicature of the 1[State] of 2[Punjab shall have, in relation to a repatriated prisoner, the same jurisdiction which it has in region to a person who has been arrested or detained within the limits of its appellate jurisdiction, in the same circumstances in which such prisoner was arrested or detained immediately before his repatriation.
_____________________
1. Substituted for the words "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "East Punjab" by the Adaptation of Laws Order, 1950.

Section 12 - Power of State Government to suspend, remit or commute sentence
The 1[State] (sic) shall have the same power to suspend, remit or commute a sentence of punish-awarded to a repatriated prisoner, whether before or after his repatriation as it possesses ion to persons who have been sentenced in the 1[State] for offences committed within state]
_____________________
1. Substituted for the word "Province" by the Adaptation of Laws Order, 1950.

Section 13 - Lawfulness of custody and re-taking upon escape
It shall be lawful for any person from a warrant or order under section 3 or under section 5 or Section 6 is directed to re-taking hold in custody, convey and deliver the transferable or repatriated prisoner, named in. warrant or order as directed therein and if any such prisoner, escapes out of any custody (sic) which he may be delivered in pursuance of any wag ant, he may be retaken as a person accrued convicted of an offence against the law of the' 1[Punjab] may be taken upon an escape.
_____________________
1. Substituted for the words "East Punjab" by the Adaptation of Laws Order, 1950.

Section 14 - Operation of Ordinance
The provisions of this. Act shall have force and operation notwithstanding anything contrary or repugnant thereto in any other law for the time being in force.

Section 15 - Power to make rules
The [State] Government may make rules to carry out the purposes of this Act.

Section 16 - Repeal of Ordinance No. 1 of 1948
The East Punjab (Exchange of Prisoners) Ordinance, 1948, is hereby repealed; and any rules made or notification issued, anything done and any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been made, issued, as done or taken in exercise of powers conferred by or under this Act if this Act had commenced on the 12th day of January, 1948.
Punjab State Acts


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