(1) The Superintendent is authorized to grant ordinary remission.
(2) The following types of convicted prisoners shall be eligible for ordinary remission, namely:-
(a) Prisoners having substantive sentences of six months and more;
(b) Prisoners, sentenced to simple imprisonment for six months or more, who volunteer to work;
(c) Prisoners employed on prison maintenance services requiring them to work on Sundays and Holidays, e.g. sweeping, cooking etc., irrespective of the length of their sentence; and
(d) Prisoners admitted for less than one month in hospital for treatment or convalescence after an ailment or injury not caused willfully (Those admitted for such purpose for more than one month should be entitled to remission for good conduct only).
Note: It shall be the responsibility of the prison administration to provide work to all eligible prisoners. If for any reason the prison administration fails to do so the prisoners who are otherwise eligible for remission for work should be granted it as per their normal entitlement under the orders of the Inspector General of Prisons.
(3) The following types of prisoners shall not be eligible for ordinary remission, namely:-
(a) Prisoners having substantive sentence of less than six months,
(b) Prisoners sentenced in default of payment of fine only,
(c) Prisoners whose sentence is reduced to less than six months (in such cases remission already earned, if any, should stand forfeited),
(d) In case of prisoners who are convicted of an offence committed after admission to the prison under sections 147, 148, 152, 224, 302, 304, 304 A, 306, 307, 308,323, 324, 325, 326, 332, 333, 352, 353 or 377 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860) or of an assault omitted after admission to the prison on a warder or other officer or under any other law for misusing the concession of parole or furlough granted under that law, the remissions of whatever kind earned by him under these rules up to the date of the said conviction may, with the sanction of Head of the Directorate be cancelled.
(e) Prisoners debarred from remission as punishment,
(f) Prisoners specifically debarred from remission under any law or rule, भाग 4 (ग) राजस्ााू राज-पत्र दिसम् बर 12 2022 658
(g) Prisoners out on special leave or on emergent parole for the duration of such leave, and
(h) Prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985).
(4) Ordinary remission may be granted to prisoners who are eligible for it at the scale shown below, namely:-
(a) Two days per calendar month for good behaviour, discipline and participation in institutional activities,
(b) Two days per calendar month for performance of work according to the prescribed standards,
(c) One day per calendar month for prisoners employed on prison maintenance services requiring them to work even on Sundays and holidays e.g. sweeping, cooking etc.,
(d) Five days per calendar month for those working as night watchmen in lieu of the remission allowed under this rule,
(e) Six days per calendar month to convict overseers in lieu of the remission allowed under this rule,
(f) Remission for convicted prisoner lodged in Open air camp shall be ,-
(i) three days per calendar month for good behavior, discipline and participation in institutional activities, and
(ii) three days per calendar month for performance of work according to the prescribed standards,
(g) Two days per month for convicted prisoner on permanent parole shall be given.
Explanation: (i) For the purpose of this rule prison offences punished only with a warning shall not be taken into account.
(ii) A prisoner who is unable to labour through causes beyond his control, by reason of being at court, in transit from one jail to another, in hospital or in an invalid gang shall be granted remission for good conduct of this rule on the scale earned by him during the previous month, if his conduct prior to and during the period, in question has been such to deserve such grant. He shall also been titled to the grant of remission under clause (b) 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:
Provided that if he is absence from work is due to his own misconduct in jail no remission under clause (b) of this sub-rule shall be awarded for the period of absence:
Provided further that, if he is in hospital or in invalid gang, no remission under clause (b) of this sub-rule shall be granted unless the medical officer certifies that the prisoner’s absence from labour is due to causes beyond his control and is no way caused by any action of the prisoner himself, taken with a view escape work or to get into or to remain in hospital.
659 राजस्ााू राज-पत्र दिसम् बर 12 2022 भाग 4 (ग)