State Act

THE UNITED PROVINCES FIRST OFENDERS PROBATION ACT, 1938

This Act was repealed on a date we do not have by the Uttarakhand Repealing Act, 2023 (Uttarakhand Act 27 of 2023), s.2 and Schedule item 11; it may still apply to matters that began before then.

9. (1) A probation officer named in an order under section 4 (2) shall be----- (a) any person appointed to be a probation officer by the [State Government]1, or (b) any person provided for this purpose by a society recognized in this behalf by the [State Government]1, or (c) in exceptional case, any other person who, in the opinion of the court, is a fit person to act as a probation officer in the special circumstances of the case. Explanation-Probation officer may be a person of either sex. (2) In nominating a probation officer, the court shall be guided by any general or special instructions the [State Government]1 may issue in this behalf. (3) A probation officer, in the exercise of his duties under any supervision order, shall be subject to the control of the District Magistrate of the district in which the offender for the time being resides. (4) The court, before which an offender is bound by his bond to appear for sentence when called upon, or the District Magistrate of the district in which the offender for the time being resides may at any time, appoint another probation officer in the place of the person named in a supervision order : Provided that if such person was provided by a society, the probation officer to be appointed in his place shall also be one provided by such society, unless the society is unable to provide a man suitable in the opinion of such court or magistrate to act as a probation officer.