BE it enacted by Parliament as follows:—
1. Short title and extent
This Act may be called the Transfer of Prisoners Act, 1950.
It extends to the whole of India * * *.
Amendment notes (1)
- omitted w.e.f. 15-8-1968 . The words extends to the State of Jammu and Kashmir omitted by Act 25 of 1968, s. 2 and the Schedule (w.e.f. 15-8-1968).
2. Definitions
In this Act,—
"court" includes any officer lawfully exercising civil, criminal or revenue jurisdiction;
[(b) "Government" or "State Government", in relation to a Part C State, means the administrator thereof;]
"prison" includes any place which has been declared by State Government, by general or special order, to be a subsidiary jail.
Amendment notes (1)
- Subs w.e.f. 1-11-1956 . Subs. by the Adaptation of Laws (No. 3) Order, 1956, for clause (b) (w.e.f. 1-11-1956).
3. Removal of prisoners from one State to another
Where any person is confined in a prison in a State,—
under sentence of death, or
under, or in lieu of, a sentence of imprisonment or transportation, or
in default of payment of a fine, or
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.
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.
4. Repealed
[Amendment of section 29, Act III of 1900.]—Rep. by the Repealing and Amending Act, 1957 (36 of 1957), s. 2 and Schedule I.