Page:Army Act, 1950 on Gazette of India.pdf/41

THE GAZETTE OF INDIA EXTRAORDINARY sent to any magistrate in India, and such magistrate shall thereupon cause the fine to be recovered in accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), or any corresponding law in force in a Part B State for the levy of lines as it it were a sentence of fine imposed by such magistrate.

175. Establishment and regulation of military prisons.—The Central Government may set apart any building or part of a building, or any place under its control, as a military prison tor the confinement of persons sentenced to imprisonment under this Act.

176. Informality or error in the order or warrant.—Whenever any person is sentenced to transportation or imprisonment under this Act, and is undergoing the sentence in any place or manner in which ho might be confined under a lawful order or warrant in pursuance of this Act, tho confinement of such person shall not be deemed to be illegal only by reason of any informality or error in or as respects the order, warrant or other document, or tho authority by which, or in pursuance whereof such person was brought into or in confined in any such place, and any such order, warrant or document may be amended accordingly.

177. Power to make rules in respect of prisons and prisoners.—The Central Government may make rules providing—
 * (a) for the government, management and regulation of military prisons;
 * (b) for the appointment, removal and powers of inspectors, visitors, governors and-officers thereof;
 * (c) for the labour of prisoners undergoing confinement therein, and for enabling persons to earn, by special industry and good conduct, a remission of a portion of their sentence;
 * (d) for the safe custody of prisoners and the maintenance of discipline among them and the punishment, by personal correction, restraint or otherwise, of offences committed by prisoners;
 * (e) for the application to military prisons of any of the provisions of the Prisons Act, 1894 (IX of 1894), relating to the duties of 267 officers of prisons and the punishment of persons not being prisoners;
 * (f) for the admission into any prison, at proper times and subject to proper restrictions, of persons with whom prisoners may desire to communicate, and for the consultation by prisoners under trial with their legal advisers without the presence as far as possible of any third party within hearing distance.

178. Restriction of rule-making power in regard to corporal punishment.— Rules made under section 177 shall not authorise corporal punishment to be inflicted for any offence, nor render the imprisonment more severe than it is under the law for the time being in force relating to civil prisons.

179. Pardon and remission.—When any pet son subject to this Act has been convicted by a court-martial of any offense, the Central Government or the Commander-in-Chief or, in the cae of a sentence, which he could have