(1) The Government or any other officer authorised by it in this behalf may, in consultation with the District Magistrate and subject to such conditions and in such manner as may be prescribed, release temporarily, on furlough, any prisoner who has been sentenced to a term of imprisonment of not less than five years, and who,-
(a) has, immediately before the date of his temporary release, undergone imprisonment for a period of three years, excluding remission; and
(b) has not during such period committed any jail offence and has earned at least three annual good conduct remissions:
Provided that nothing herein shall apply to a prisoner who,-
(i) is a habitual offender as defined in 1[clause (d) of section 2 of the Himachal Pradesh Habitual Offenders Act, 1969 (Act No. 8 of 1970)]; or
(ii) has been convicted of robbery or dacoity or such other offence as the Government may, by notification, specify.
(2) The period of furlough for which a prisoner is eligible under subsection (1) shall be three weeks during the first year of his release and two weeks during each successive year thereafter.
(3) Subject to the provisions of clause (d) of sub-section (3) of section 8, the period of release referred to in sub-section (1) shall count towards the total period of the sentence of a prisoner.
1. Substituted for "clause (3) of section 2 of the Punjab Habitual Offenders (Control and Reform) Act, 1952" by A.O. 1973.
THE HIMACHAL PRADESH GOOD CONDUCT PRISONERS (TEMPORARY RELEASE) ACT, 1968 4