(1) The Government of Nepal may designate any building or place within the State of Nepal as an open prison as per the requirement.
(2) If a prisoner who has been sentenced to imprisonment for more than three years and has served at least one-third of the imprisonment period, wants to stay in an open prison designated as per sub-rule (1), Schedule-2B for permission. An application should be submitted to the Prison Management Department through the relevant prison office in the following format.
(3) After investigating the application received according to sub-rule (2), the Prison Management Department will send the said application to the Community Service and Open Prison Management Central Committee and that committee will consider the following points and decide whether the prisoner should be allowed to stay in the open prison. And will recommend opening of Aadhaar to Jail Management Department :-
(a) the conduct referred to in the judgment as to the cause and circumstances of the commission of the offence,
(b) his conduct while in custody as certified by the jailer (c) the age of the prisoner,
(d) The nature of the self-employment that the prisoner wants to do and the conditions and facilities of the employment-related services specified by the employer.
(4) According to sub-rule (3), if the Central Committee of Community Service and Open Prison Management recommends to the Prison Management Department to allow prisoners to live in open prisons, the Prison Management Department shall enter into a memorandum of understanding with the employer in the case of a prisoner who is employed by an employer and disclose the details of such self-employment in the case of a prisoner who is self-employed. He can be allowed to live in an open prison by making a confession to comply with the necessary conditions.
(5) Notwithstanding anything contained in sub-rule (3) or (4), a prisoner shall not be permitted to remain in an open prison-
(a) A prisoner who once escaped from prison,
(b) A prisoner recorded as having not behaved well while in custody,
(c) A prisoner who has been certified by a doctor to be mentally unstable.
(6) A prisoner permitted to remain in an open prison under sub-rule (4) The following conditions must be followed –
(a) to perform only the work specified while being permitted to remain in open prisons,
(b) When leaving the open prison area or entering the open prison, the belongings of the prisoner should be checked and the people accompanying him should be recorded,
(c) to leave the open prison premises and enter the open prison only at the appointed time,
(d) Not to reside in other places and areas other than the places and areas specified in the confession,
(e) Not allowing people other than family to live permanently in open prisons,
(f) To follow the instructions given by the open prison officer from time to time.
(7) If any prisoner is not found to have complied with the conditions mentioned in sub-rule (6), the Prison Management Department shall return such prisoner from the open prison.
(8) A prisoner returned as per sub-rule (7) shall pay the remaining period of imprisonment in prison and he shall not be sent to open prison again for the same imprisonment.