The Prisons and Civil Jails (Bombay Extension, Unification and Amendment) Act, 1958

1. (1) This Act may be called the Prisons and Civil Jails (Bombay Extension, Unification and Amendment) Act, 1958.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

For the purposes of extending the Prisons Act, 1894, to the rest of the State of Bombay, and bringing it into force therein, and for providing uniformity in the provisions of that Act in its application to the whole of the State, on the commencement of this Act, the Prisons Act, 1894, as in force immediately before such commencement in the pre-Reorganisation State of Bombay (excluding the transferred territories), shall be extended and be so in force, throughout the State ; in consequence whereof, on such commencement,— (1)

1. (a) the Hyderabad Prisons Act, 1954, in its application to the Hyderabad area of the State of Bombay,
2. (b) the Prisons Act, 1894, as adapted and applied by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, to the Saurashtra area of the State of Bombay,
3. (c) Part VI A inserted in the Prisoners Act, 1900, by the Central Provinces and Berar Prisoners (Amendment) Act, 1939, and the Central Provinces and Berar Prisons (Amendment) Repealing Act, 1940, both in their application to the Vidarbha region of the State, shall stand repealed;

1. (2) in the Prisons Act, 1894, as extended and brought into force by the foregoing provision (hereinafter referred to as "the principal Act"), in its application to the State of Bombay,—
   • (a) in the preamble thereto, after the words and letter "comprised in Part B States" the words and figures "other than any such territories forming part of the State of Bombay by section 8 of the States Reorganisation Act, 1956" shall be inserted;
   • (b) in section 1—
     • (i) in sub-section (2), after the words and letter "comprised in Part B States" the words and figures "other than any such territories forming part of the State of Bombay by section 8 of the States Reorganisation Act, 1956" shall be inserted;
     • (ii) sub-section
2. (3) shall be deleted;
   • (iii) in sub-section
3. (4) for the words and figures "as it existed immediately before the 1st November, 1956 outside the City of Bombay, and those jails shall continue to be administered" the words "outside Greater Bombay, and those jails shall be administered" shall be substituted;
   • (iv) in the marginal note for the word "commencement" the word "application" shall be substituted;
   • (c) in section 3, after clause
4. (4) the following clause shall be inserted, namely— "(4A) references to "District Magistrate" shall be construed, in relation to the Hyderabad area of the State of Bombay, as references to the Collector and Additional District Magistrate ;"

In the principal Act, in its application to the State of Bombay,—

1. (a) in section 3 after clause (5A) the following clause shall be inserted, namely— "(5B) 'parole system' means the system of releasing prisoners in jail on parole, by suspension of their sentences in accordance with the rules for the time being in force,";
2. (b) section 5 shall be renumbered as sub-section

1. (1) thereof and after the sub-section so renumbered the following shall be added namely,— "(2) The State Government may also appoint one or more Deputy Inspectors-General of Prisons for the whole of such territories or any part thereof, and they shall exercise, carry out or discharge all or any of the powers, duties and functions of the Inspector-General under this Act, or under any law for the time being in force, as the Inspector-General may delegate to them, with the prior approval of the State Government.";
   • (c) in sections 44 and 61 for the word "Vernacular" the words "regional language" shall be substituted;
   • (d) in section 46—
     • (i) in clause
2. (4) for the word "system" the words "or parole system" shall be substituted;
   • (ii) for clause
3. (5) the following shall be substituted, namely— "(5) exclusion from the privilege of earning wages for a specified period; (5A) temporary or permanent reduction from a higher to lower grade or class, or forfeiture of the grade or class, or of all or specified prison privileges;";
   • (iii) clauses
4. (9) and
5. (11) shall be deleted;
   • (e) in section 47, in sub-section (1), exception
6. (2) shall be deleted,
   • (f) in section 48A—
     • (i) after the word "furlough" where it occurs for the first time the words "or release on parole" shall be inserted;
     • (ii) after the word "furlough" where it occurs for the second time the words "or parole" shall be inserted;
   • (g) in section 50, in sub-section
7. (1) the words "of penal diet, either singly or in combination, or" shall be deleted;
   • (h) after section 51 the following sections shall be inserted— Power to arrest without warrant, person committing breach of conditions of suspension of sentence, etc. "51A. If any condition on or subject to which a sentence has been suspended or remitted or release on parole or furlough is granted is, in the opinion of the authority exercising such power, not fulfilled, such authority may cancel its order granting such suspension, remission or release on parole or furlough, and thereupon the person in whose favour such order was made may, if at large, be arrested by any Police-officer without warrant, and remanded to undergo the unexpired portion of his sentence.

1. (1) If any prisoner fails without sufficient cause to observe any of the conditions on or subject to which his sentence was suspended or remitted, or release on parole or furlough was granted to him, he shall, on conviction, be punished (such punishment being in addition to any punishment which such prisoner was undergoing when he committed such offence) with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees, or with both.
2. (2) No Court shall take cognizance of an offence under this section except with the previous sanction of the State Government or the authority which granted suspension or remission of the sentence.";
   • (i) in section 59 for clause
3. (5) the following shall be substituted, namely— "(5) for the award of marks, the suspension, or remission and consequent shortening of sentences, and the grant of release on parole or furlough and determining the conditions on which and the authority by which the sentences may be suspended or remitted and the prisoners may be released on parole or furlough ;". 4. Extension of Bom. II of 1874 as in force in pre-Reorganisation Bombay area to other areas of the State For the purposes of extending the Civil Jails Act, 1874 to the rest of the State of Bombay, and bringing it into force therein, and for providing uniformity in the provisions of that Act in its application to the whole of the State, on the commencement of this Act, the Civil Jails Act, 1874 as in force immediately before such commencement in the pre-Reorganisation State of Bombay (excluding the transferred territories) is hereby extended, and shall be so in force, throughout the State; in consequence whereof, on such commencement,— (1)
   • (a) the Civil Jails Act, 1874 as applied by the Kutch (Application of Laws) Order, 1949 to the Kutch area of the State of Bombay, and
   • (b) the Civil Jails Act, 1874 as adapted and applied by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 to the Saurashtra area of the State of Bombay, shall stand repealed;
4. (2) in the Civil Jails Act, 1874 as extended and brought into force by the foregoing provision (hereinafter referred to as "the extended Civil Jails Act"),—
   • (a) in the long title for the words "City and Presidency of Bombay" the words "State of Bombay excluding Greater Bombay" shall be substituted;
   • (b) in Part III, below the heading "Civil Jails", the following section shall be inserted, namely:— Application. 8. This Act shall apply to civil jails in the State of Bombay outside Greater Bombay.";
   • (c) in section 9 after the figures "1869" the words "or any corresponding law for the time being in force in any part of the State" shall be inserted;
   • (d) in section 10, after the words "District Court" the brackets and words "(or the corresponding officer by whatever name called, hereinafter referred to as "the nazir")" shall be inserted. 5. Saving The repeal by section 2, of—
     • (i) the Hyderabad Prisons Act, 1954, and the Prisons Act, 1894, as adapted and applied to the Saurashtra area of the State by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 ;
     • (ii) Part VI-A inserted in the Prisoners Act, 1900 by the Central Provinces and Berar Prisoners (Amendment) Act, 1939, in its application to the Vidarbha region of the State of Bombay; and
     • (iii) the Central Provinces and Berar Prisons (Amendment) Repealing Act, 1940, in its application to the Vidarbha region of the State of Bombay; and, by section 4, of—
     • (iv) the Civil Jails Act, 1874, as applied by the Kutch (Application of Laws) Order, 1949, to the Kutch area of the State of Bombay ; and
     • (v) the Civil Jail Act, 1874, as adapted and applied by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, to the Saurashtra area of the State of Bombay, shall not affect—
   • (a) the previous operation of any of the laws so repealed, or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under any of the laws so repealed ; or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the laws so repealed, or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if this Act had not commenced in the area in which the laws were in force : Provided that, subject to the foregoing provision anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule or regulation made or permission granted) under any such law shall, in so far as it is not inconsistent with the principal Act or the extended Civil Jails Act, be deemed to have been done or taken under the corresponding provisions of those Acts, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the principal Act or, as the case may be, the extended Civil Jails Act : Provided further that reference to any law so repealed, or to any of the provisions thereof, or to any officer or authority appointed thereunder, in any law for the time being in force, or in any instrument or other document shall, as far as may be, be construed as a reference to the principal Act or, as the case may be, the extended Civil Jails Act or the relevant provisions thereof, or the corresponding officer or authority mentioned therein or appointed thereunder.