The Telangana Prisons Development Board Act, 2001

THE TELANGANA PRISONS DEVELOPMENT BOARD ACT, 2001. (ACT NO. 12 OF 2001) ARRANGEMENT OF SECTIONS Sections CHAPTER - I PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. CHAPTER - II ESTABLISHMENT OF THE BOARD 3. Constitution and Composition of the Board. 4. Term of Office. 5. Meetings of the Board. 6. Vacancy etc., not to invalidate the acts and proceedings of the Board. 7. Terms and Conditions of service. 8. Appointment of staff. 9. Chief Controlling Authority. 10. Functions of the Board. CHAPTER - III BOARD’S FINANCE, ACCOUNTS AND AUDIT 11. Prisons Development Fund. 12. Power of the Board to borrow. 13. Grants, Advances and loans from Government. 14. Annual Report. 15. Returns etc. 2 [Act No. 12 of 2001] 16. Accounts and audit. CHAPTER - IV ACQUISITION, MAINTENANCE AND DISPOSAL OF LANDS AND BUILDINGS 17. Vesting of prison lands and buildings in the Board. 18. Acquisition of land. 19. Disposal of land, buildings etc., by the Board. CHAPTER - V MISCELLANEOUS 20. Power to make rules. 21. Power to make Regulations. 22. Members, Officers and employees of the Board to be public servants. Schedule. THE TELANGANA PRISONS DEVELOPMENT BOARD ACT, 2001.1 ACT No.12 OF 2001. CHAPTER - I PRELIMINARY 1. (1) This Act may be called the 2Telangana Prisons Short title, extent Development Board Act, 2001. and commencement. (2) It extends to the whole of the State of 2Telangana. (3) It shall come into force on such date as the State Government may, by notification, appoint. 2. In this Act, unless the context otherwise requires,- Definitions. (a) “Board” means the 2Telangana Prisons Development Board constituted under section 3; (b) “building” includes a house, dormitory, barrack, cell, latrine, godown, shed, hut, wall and any other structure whether of masonry, bricks, mud, wood, metal, cement, concrete or any other material whatsoever; (c) “fund” means the Prisons Development Fund created under this Act; 1. The Andhra Pradesh Prisons Development Board Act, 2001 received the assent of the Governor on the 13th April, 2001. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 2 [Act No.12 of 2001] (d) “Government” means the State Government of 3Telangana; (e) “Jail” means a prison and includes all Central Prisons, district jails, sub-jails, prisoners' agricultural colonies, State jails for women and borstal schools; (f) “land” includes rights in or over land and benefits to arise out of land, and buildings, structures and other things attached to the earth or permanently fastened to anything attached to earth; (g) “notification” means a notification published in the 3Telangana Gazette and the word „notified‟ shall be construed accordingly; (h) “Prescribed” means prescribed by rules made under this Act; (i) “Prison” means any jail or place by whatever name called including all lands and buildings, appurtenant thereto, used permanently or temporarily under the general or special orders of the State Government for the detention of prisoners, and includes all central prisons, district jails, sub- jails, prisoners' agricultural colonies, State Jails for women and borstal schools; (j) “Regulations” means the regulations made by the Board under this Act. 3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. [Act No.12 of 2001] 3 CHAPTER - II ESTABLISHMENT OF THE BOARD 3. (1) With effect from such date as the Government may, Constitution and by notification, specify in this behalf, there shall be Composition of established a Board to be called „the 4Telangana Prisons‟ the Board. Development Board‟. (2) The Board established under sub-section (1) shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable, to do all things incidental to and necessary for the purposes of this Act and to contract and may by the said name sue and be sued. (3) The Head Office of the Board shall be at Hyderabad or at such other place as may be notified. (4) The Board shall consist of the following members, namely:- (a) Chief Minister. Chairman. (b) Minister for Prisons. Vice-Chairman. (c) Registrar General of the Ex-officio High Court of Andhra Director. Pradesh. (d) Principal Secretary to Ex-officio Government in Home Director. (Prisons) Department. (e) Principal Secretary to Govt. Ex-officio Finance Department. Director. (f) Principal Secretary to Govt. Ex-officio Revenue Department. Director. 4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 4 [Act No.12 of 2001] (g) Secretary to Government, Ex-officio Director. Law Department. (h) Director General and Ex-officio Inspector General of Director. Police. (i) Director of Prosecutions. Ex-officio Director. (j) Two persons to be Members. nominated by the Government out of whom one shall be a woman, from among such non- officials who have distinguished themselves in the field of Prison Administration or Prison reforms or service to Prisoners or Human rights. (k) Inspector General of Ex-officio Prisons. Managing Director. Term of Office. 4. A non-official member of the Board shall hold office for a period of three years from the date of his appointment, and may resign his office earlier by giving notice in writing to the Government and shall cease to be a member on the resignation being accepted by the Government: Provided that the Government may reduce the term of office of a non-official member before the expiry of such term without giving any notice to such member and without assigning any reasons and appoint any other person in his place for the remainder of such term. [Act No.12 of 2001] 5 5. (1) The Board shall meet at such times and places as Meetings of the the Chairman may decide and an urgent meeting may be Board. convened by the Managing Director at any other time for the transaction of urgent business as may be provided by the regulations: Provided that atleast one meeting shall be held in every three months. (2) The Chairman or in his absence the Vice-Chairman and in the absence of both the Chairman and the Vice- Chairman, any member chosen by the members present among themselves, shall preside at a meeting of the Board. (3) The procedure in regard to transaction of business at the meetings including the quorum shall be such as may be provided by the regulations. 6. No act or proceeding of the Board shall be invalid by Vacancy etc., not reason only of the existence of any vacancy amongst its to invalidate the acts and members or any defect in its constitution. proceedings of the Board. 7. The terms and conditions of service of the members of Terms and the Board including the honoraria and the allowances to be Conditions of service. paid to them, shall be such as may be prescribed. 8. (1) The Board may appoint such officers and Appointment of employees as may be required to enable the Board to staff. carryout its functions under this Act in such manner as may be prescribed. (2) The Board may, from time to time, appoint qualified persons in the fields of Prison Administration, Medicine, Architecture, Engineering, Social Work, Sociology, Industrial Management and the like, to be consultants to the Board as it may consider necessary for the efficient performance of its 6 [Act No.12 of 2001] functions on such terms and conditions as may be prescribed. Chief Controlling 9. The Managing Director shall be the Chief Controlling Authority. Authority in all matters connected with the administration of this Act, subject to the general or special orders of the Government or the Board in this behalf and may exercise all powers necessary for that purpose. Functions of the 10. (1) Subject to the provisions of this Act, the functions of Board. the Board shall be,- (a) to examine the living conditions of the prisoners in all the prisons and jails with specific reference to their basic needs and provision of facilities compatible with the dignity of human life; (b) to look after the prisoners with humanity and help them lead law abiding and useful lives after their release; (c) to endeavour to reform and reassimilate the prisoners in the social milieu by giving them appropriate correctional treatment; (d) to see that the prisoners are provided sufficient accommodation, hygienic surroundings, sufficient water supply, sun light, ventilation and adequate medical attention, if necessary by repairing or altering the existing Jails; (e) to build new prisons, where the existing prisons are not in a satisfactory condition or beyond repair; (f) to review the programmes of treatment of prisoners, education, vocational training, industry, manufacturing activities, agriculture, poultry, dairying, horticulture and such other occupational activities being [Act No.12 of 2001] 7 carried on in the prisons with a view to developing prisons as correctional centres; (g) to efficiently manage the prisons, if necessary by acquiring properties, whether movable or immovable including Computers, Communication facilities, gadgets, vehicles, security or surveillance equipment, electronic video linkage systems etc. (2) For the efficient discharge of the duties entrusted to it, the Board shall exercise such powers and perform such functions as are conferred or imposed by or under this Act or the rules made thereunder. CHAPTER - III BOARD‟S FINANCE, ACCOUNTS AND AUDIT 11. (1) The Board shall have and maintain its own fund in Prisons the name and style of „Prisons Development Fund‟ to which Development Fund. shall be credited,- (a) all moneys received by the Board from the State and Central Governments, by way of grants, loans, advances or otherwise; (b) all moneys borrowed by the Board by way of loans or debentures; (c) all moneys generated by the agricultural, horticultural, industrial or manufacturing activities undertaken by the prisoners in Jails; (d) all fees, charges and profits received by the Board; 8 [Act No.12 of 2001] (e) all moneys received by the Board from the disposal of lands, buildings, and other properties (movable or immovable); and (f) all moneys received by the Board by way of rents or profits or in any other manner or from any other source. (2) The Prisons Development Fund shall be applied towards meeting the expenses incurred by the Board in the administration of this Act, and for such other purposes as may be prescribed. (3) The Board may keep such sum of money out of its funds in deposit in any of the scheduled banks, and any money in excess of the said sum shall be invested in such manner as may be prescribed. Power of the 12. The Board may, from time to time, subject to such Board to borrow. conditions as may be prescribed borrow any sum required for the purposes of this Act. Grants, Advances 13. The Government may, after due appropriation made by and loans from the State Legislature make such grants, advances and loans Government. to the Board as the Government may deem necessary for the performance of the functions of the Board under this Act, and all grants, loans or advances made shall be on such terms and conditions as the Government may determine. Annual Report. 14. The Board shall prepare every year in such manner and in such form as may be prescribed an annual report giving a true and full account of its activities during the previous year and submit the said report to the Government for being placed on the Table of the State Legislature in the immediate ensuing session. [Act No.12 of 2001] 9 15. The Board shall furnish to the Government such returns Returns etc. or other information with respect to its activities as the Government may, from time to time, require. 16. (1) The Board shall maintain proper accounts and Accounts and other relevant records and prepare an Annual Statement of audit. accounts in such form and in such manner as may be prescribed. (2) The accounts of the Board shall be subject to annual audit by the Director of State Audit under the provisions of the 5Telangana State Audit Act, 1989, and any Act 9 of 1989. expenditure incurred in connection with such audit shall be payable by the Board. (3) The accounts as certified by the Director together with the audit report thereon, shall be forwarded annually to the Government. CHAPTER - IV ACQUISITION, MAINTENANCE AND DISPOSAL OF LANDS AND BUILDINGS 17. On and from the date of commencement of this Act, all Vesting of prison land and buildings appurtenant thereto in the charge or lands and buildings in the possession or use of the Prisons Department of Government Board. of 6Telangana other than those specified in the Schedule shall, vest in the Board and be subject to its control. 18. (1) If, in the opinion of the Board, any land is required Acquisition of for the construction of a new Prison or improvement of an land. existing prison or construction of quarters for the staff of the Prisons Department, the Board may request the 5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 10 [Act No.12 of 2001] Government to acquire such land under the provisions of Central Act 1 of 1894. the 7Land Acquisition Act, 1894. (2) Where the Board proposes to acquire any land by private negotiations otherwise than under the provisions of 7the Land Acquisition Act, 1894, it shall approach the concerned District Collector with a request to determine the value at which the land is to be acquired. (3) Where in the opinion of the Board there is suitable land belonging to a Government Department or organisation it can acquire the said land either by way of exchange with its own land or payment of market value, as fixed by the concerned District Collector, or a combination of exchange and payment of market value. (4) If, in the opinion of the Board, land required for the construction of a new prison or improvement of an existing prison is to be acquired on lease it shall approach the concerned District Collector with a request to determine the lease amount and other terms and conditions for obtaining the said land on lease. (5) The Board may, in case of dis-agreement with the recommendations of the District Collector under sub- sections (2) to (4), refer the same, along with its views, to the Government, whose decision shall be final. Disposal of land, 19. (1) The Board may, subject to such rules as may be buildings etc., by made in this behalf retain, lease, sell, exchange or otherwise the Board. dispose of,- (a) any land or building or property whether movable or immovable in its possession; and 7. See now the relevant provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013). [Act No.12 of 2001] 11 (b) any other land or building or property whether movable or immovable consequent upon decommissioning of any Prison. (2) The consideration or proceeds obtained by disposal or otherwise of a land or building or property under sub-section (1) shall be credited to the “Prisons Development Fund”. CHAPTER - V MISCELLANEOUS 20. (1) The Government may, by notification, make rules Power to make for carrying out all or any of the purposes of this Act. rules. (2) Every rule made under this Act shall be, immediately after it is made, laid before the Legislature of the State if it is in session, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modifications in the rule or in the annulment of the rule, the rule shall from the date on which the modification or the annulment is notified, have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 21. (1) The Board may with the previous approval of the Power to make Government by notification make Regulations not Regulations. inconsistent with this Act or rules made thereunder to discharge its functions under this Act. 12 [Act No.12 of 2001] (2) In particular and without prejudice to the foregoing power such Regulations may provide for all or any of the following matters, namely:- (a) the administration of the funds and properties of the Board and the maintenance of its accounts; (b) the summoning and holding of meetings of the Board, and the time and places at which such meetings shall be held and the conduct of business thereat, and the number of Directors necessary to constitute a quorum; (c) the duties of officers and employees of the Board and their salaries, allowances and other conditions of service; (d) the procedure to be followed in inviting, considering and accepting tenders; (e) the authentication of the orders and other instruments of the Board; and (f) any other matter arising out of the Board‟s functions under this Act. (3) The Government may, by notification, modify or rescind, any Regulation made and thereupon the Regulation shall stand modified accordingly or shall cease to have effect, as the case may be. Members, Officers 22. All members, Officers and employees of the Board and employees of when acting or purporting to act in pursuance of the the Board to be provisions of this Act or any rule or Regulation made public servants. thereunder, shall be deemed to be public servants within the Central Act 45 of 1860. meaning of section 21 of the Indian Penal Code, 1860 and Central Act 49 of 1988. the Prevention of Corruption Act, 1988. [Act No.12 of 2001] 13 SCHEDULE (See section 17) Sl.No. Name and Place Survey No. and Remarks of the Prison. extent of the Land. (1) (2) (3) (4) 1. Central Prison S.No.4 Secunderabad (Ward No.148 Block No. A). Jamisthanpur Village, Hyderabad 30 Acres 75 cents 2. Central Prison S.No. 693-1460A Visakhapatnam 1461A Visakhapatnam (Urban) 26.35 Acres. * * *