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##APPENDIX

##**THE  TRANSFER  OF  PRISONERS  ACT,  1950**

(Act,  XXIX  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)  This  Act  may  be  called  the  Transfer  of  Prisoners  Act,  1950.

(2)  It  extends  to  the  whole  of  India  except  the  State  of  Jammu  and
Kashmir.

In  this  Act  :—

Definitions.

2.  (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.

3.  (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:  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  removal  in  due  course  of  law.

4.  Rep.  by  the  Repealing  and  Amending  Act,  1957  (XXXVI  of  1957)
S.  2,  Schedule  I.