(1)Convicted persons shall be divided into two classes, namely "Better Class" and "Ordinary Class". Better class will contain all prisoners so classified by the State Government or any other authority empowered by the State Government in this behalf who :(a)are non-habitual prisoners of good character.(b)are by social status, education and habits of life been accustomed to a superior mode of living, and(c)have not been convicted of -(i)offences involving elements of sedition, cruelty, moral degradation or personal greed;(ii)serious or premeditated violence;(iii)serious offences against property;(iv)offences relating to TADA and the possession of explosives, firearms and other dangerous weapons with the object of committing an offence or enabling an offence to be committed;(v)persons convicted under COFEPOSA and NDPS Acts.(vi)abetment or incitement of offences falling within these sub- clauses.Note. - The State Government may from time to time issue instructions for fixing criteria for determining the qualifications for classifying a prisoner as Better Class.(2)Ordinary Class will consist of prisoners who are not classified as Better Class.(3)All Courts recommending the classification for Better Class will make a recommendation to that effect, attaching to the record their recommendation, with their reasons for it, on a separate paper. All Courts subordinate to the District Magistrate and the Sessions Judge, as the case may be, will forward their recommendations with the record of the District Magistrate to the Sessions Judge. The District Magistrate or the Sessions Judge will forward a recommendation with a copy of Judgment (and classifying orders) to the Inspector-General who will then communicate the final orders of the State Government direct to the District Magistrate or Sessions Judge, as the case may be and also send a copy of these orders to the concerned Superintendent for information and compliance. In case, the convicting court moves the recommendations for placing a convicted prisoner in Better Class, the Superintendent may, subject to the approval of the State Government, classify him as Better Class provided such prisoner appears to fulfil the conditions prescribed for Better Class prisoners.(4)In case of prisoners convicted by general summary and district courts martial the confirming authority, and in cases of persons convicted by the summary courts martial, the Court will recommend to the classifying authority, classification that should be given to such prisoners while undergoing their sentence in Civil prisons. Such recommendation shall also be embodied in the warrants of commitment of the prisoners and till the order of classifying authority, confirming or reviewing such recommendation are received by the Superintendent of the Prison, the prisoner shall tentatively be treated as belonging to the class recommended by the confirming authority or the court, as the case may be.(5)In making a recommendation for placing into Better Class, the recommending authority should whenever possible give the following details:(i)Whether the prisoner has been classified as causal or habitual;(ii)The previous convictions of the prisoner if any;(iii)The offence committed with the sentence inflicted;(iv)The profession and status of the prisoner;(v)The educational qualifications of the prisoner, including examinations, if any, which he was passed.If the recommending authority is of opinion that the statements of the prisoner on these points require verification it should make further inquiries from the District Magistrate or any other source, and it may either defer making the recommendation until it has received the information asked for or may make the recommendation on the materials available and state that the result of further inquiries will be submitted when received.(6)In cases in which there is disagreement between the convicting court and the District Magistrate or the Sessions Judge as the case may be as to the classification of any prisoner, the District magistrate or the Sessions Judge shall decide the class in which a convicted prisoner shall be kept, pending the receipt of the orders of the classifying authority.Note. - These rules do not apply to prisoners under sentence of death.Under-trial Prisoners
