4. Temporary release of prisoners on furlough.

The Government or any other officer authorized 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 temporary 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 sub-section (2) of section 2 of the Jammu and Kashmir Habitual Offenders (Control and Reforms) Act, 1956; or

(ii) has been convicted of robbery or dacoity or such other offences as the Government may, by notification specify.

(2) The period of furlough for which a prisoner is eligible under sub-section (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.