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CHAPTER XIX, THE REMISSION SYSTEM, nitions.—-In these rules, (a) “prisonce” includes a person committed to prison in default of furnishing security to keep the petce or to bo of goor behaviour und also a person oonvictod by a military court (®) “‘sentence" means a sentence as finally fixed on appeal, revision or otherwise ancl includes An aggregate of more sentenoes than one and an order of committal to prison in default of furnishing security to keep the peace or be of pood be. haviour. 313. Soale of ordinary remission (1) Ordi remission shall be awarded on the follow seales == {@) Two days per month for. thorou, good: conduct and prison regukstions. ghly scrupulous attention to all (®) Two days per month for industry and the due performance of the daily task imposed, @) A prisoner wno is unable to. labour through causes beyond his control by reason of being at court, in transit from one prison to: another, in.any hospital includimg mental hospital or on invalid: gang shall be granted cemission under clause (3) ofsub-rolo (1) on the satle carned, by him during tho previous month if his conduct fjor'to and during the period in question has Baan suchas to deserve such grant. He shall also be entitled 0 the grant of remission under clause < ® of sub-rule (i) on the scale earned by him during the previous — month if he has been in prison during that term; if not at the rate ‘of two days per month: Piovided, that it hia. ebuenos. from atk fo his owa misconduct in prison, no eoeaepodee clause e of sub-rule (1) shall be: awarded for the period of absence: Provided further that. if he is in any hospital inciding mental hospital or on invalid gang no remission under clause (6) of sub-rule (1) shall be: granted unless the Medical Officer certifies that the prisoner's absence from labour is due to fetuses boyond his control and is in-no way eased by any action of the priosner himself taken swith a view to escape work or to get into or to remain in any hospital including mental hospital. 814, Non-eligibility-No ordinary remission shall be granted! inte following eases, namely — ct of any sentence of rigorous Meas ome atts of any Q) In respect of way sentence of simple Imprisonment amounting, exclusive of. any sentence passed in default of payment of fing, to Jess than three months, or ninety days in the aggregate. Explanation — Prisoners sentenced to simple imprisonment for three months or nincty days anil over in the aggregate ean earn remission, provided they labour yoluntarily for any conti: uous period of not less than one month, Romission tinder this rule shall bs. calculated from the first day of the next calender taonth following the allotment of labour to the prisoner sentenced to simple imprisonment, 3) Ifa prisoner's sentence or total of sentence is reduced on appeal to less than three months, he shall conse t0 be eligible for ordinary remission ‘aud any remission that may hive been ewrned Prior to the reduction shall be forfeited. 315. Forfeiture of remission.~ (I) If @ prisoner is convicted of an offence committed after admis- sion to prison, “under scctions 147, 148, 152, 224, 302, 104, 304-A, 306, 307, 308, 323, 324, 325, 326, 332, 333, 352, 353 or 377 of the Indian Penal le (Central Act XLV of 1860) or of an assault committed after admissionto prison on a warder or other officer or having been removed to a hospital or asylum under rule 636, breaks his bond given in Form No. 61, the remission of whatover-kind earned by him under these rules upto the date of the said conviction or his lemporary removal may, with the permission of Tnspoctor General be cancelled. (2) If aprisoner is temporarily removed to a hospital or asylum under tule 636 and breaks his bond, he shall earn no remission cane ease ba etd afler recapture, ich period ; General may onters eS Cases ie prisoners to be placed before the risory Board —(1) Tho sentenc%s of all prisoners enicheed £0 imprisonment for life or to more ih twonly Years imprisonment in the aggrogate mprisonment for life and iniprisonmont for terms exceeding in the agsregais twenly years shall, for tho purpose of "his rule, te doomed {o be sentences of Imprisonment for twetly years. @) The cuses of prisoners undergoing im- ‘prisohment for fe shall ordinarily bo placed efor the Advisory Board as consciutod for considera'ion as to whe her their parole will be © fecommend:d, on completion of ten years of “actual imprisonment. Provided that by virtue of provision con= tained in soction 433A. of the Coo of Criminal Procedure, 1973 (Contral Aci, 2 of 1974) the “Gases of prisoners sentenced to imprisonment & on or afler 18h Decomb foran ‘offence for which death is 0 fe desth imposed has been comnm ed undor pion 433 of the Code of Criminal Procedura, e : 2 af 1974) into ©) imptisonmont for life, shall be placed before |) tho Advisory Board only if hoy f “planation (1)—Special remission Fin tho case of fife convicts in conn: t D = Scootd World Tamil Conforonce and Gandhiji’s ‘Contenary Celebrations shall be ourt for caloulation of wo Mentence in terms of rigor “for 20 years, under the Advisory Bo “that gach cases shall be placed bef ed only afier the ccnvicts ly ‘imprisonment for ten yos splanation (2)—The sot_ off period specilied rion 428 of the Code of Criminal Proe dure in ihe case of lifers ded the Advisory (Contra Act, 2 of 1974) Mental prior 10 18h Docembor 1978 shall be “into gesount and cheir cases shall be placed fore tho Advisory Board alter completion of eats of actual senincy jcluding the above ‘Oi period, if'any. The period of ien yours fall algo include the special mission of one tioned In G.O. Ms. No. 3333, Home, 9ih December 1971, und six months ied in G.0, Ms. No, 2475, Home, dated wiion (3).—The set off peried specifiod on 428 of the Codo of Criminal Procodure ~(Coatral Ac: 2 of 1974) shall be taken unt in tho case of lifers seatenced on or ith Dacomber oe teforted to Jn tha sub-rule (2) for computing fourteca years. — a eases of prisoners son enced Lo more years, exoop ing lifes Lo whom sub: Shan BE paced” oto he ‘THIS REMISSION SYSTEM ‘Advisory Board if they have served 4 of their senience inc Tomission. The casos of ptisoners imprisoned for failare to give sccurily under chapter VIII of the Code of, Ga ina] Procedure, 1973, (Coutral Act 2 of 1974) and Criminal lunatics shall not bo placed ‘before the Advisory Board. :° Explanation (\).—The cases of prisoners convicted by Court marrial shall alyo be placed bofore tho Advisory Board for consideraion under sub-rulos (2) and (3). Explanation (2)-—Seutences of imprisonment for failure to furnish security shall not be taken into account indoverminiag. to aggregate sentence for purpose of sub rules (2) and (3). Explanation. _(3)—The set off poriod specified in sootion 428 of the Code of Criminal Procedure 1973 (Coutral Act 2 of 1974) shall bo taken. into account in the caso of all prisoners excep- ting fifors, to whom explanations (2) and (3) of sub-rule (2) shall apply and to rhoso setvenced to imprisonment not ety in dofault of payment of fino, in detcrmining tho period of sontence served for the purpose of sub-rule (3), (4) () The cases of prisoners coming under sub-rule (2) shall be submitted to Government for orders with the recommendation of the Advisory id whether it recommends parole or not, gether with *he judgment of the Court and sonnocied papers. : (id) The cases of prisoners sontenced to fon yours und abovo and whose cases whe’ her not rocommended for parole by tho Advisory Board, shall also be sent (9. Government for er iif) The cases of prisoners somionced to {ess than seven soars shall be sent Lo Government coaly {F resommended for parole by. the Advisory ard. (@) If the Government refuse to ordor parole of a prisoner refered to in tho first para graph of sub-rule (3), they. shall direct he fesubmission of his caso for their re-considoraiion again afler such poriod as they may deom fits ee _ prisoners other then ie E expiry of shir aon ences, Tess tho poriods of ein ay ‘et on jonally wehout the specific ordre (5) The Superintendent of @ prison in which such priscters as are mon foued Sheng “ayn finod shall mainjain a regis'or in 1 tho of oach prisoner shall bo. L ‘three mouths before he 1 lerarion of his pa parole 3 and Sa oy e carn Carne Tomi ilue Gals atoll be akeed Goon ; i Bs tt (1) tha tha prisoners are over 65. oF 55 ‘according as rhey are male or female

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