76Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), APRIL 17, 2020
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EXTRAEXTRAEXTRAEXTRAEXTRAORDINARORDINARORDINARORDINARORDINARYYYYY
Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
CHANDIGARH, FRIDAY, APRIL 17, 2020
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LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
.. 77-79
1. The Punjab Private Health Sciences Educational Institution (Regulation of Admission, Fixation of Fee and Making of Reservation) Amendment Act, 2020. (Punjab Act No. 9 of 2020)
2. The Punjab Prisons Development Board
.. 81-89
Act, 2020. (Punjab Act No. 10 of 2020)
Part - II Ordinances
Nil
Part - III Delegated Legislation
Nil
Part - IV Correction Slips, Republications and
Replacements
Nil
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 17th April, 2020
No. 9-Leg./2020.–The following Act of the Legislature of the State
of Punjab received the assent of the Governor of Punjab on the 20th day of
March, 2020, is hereby published for general information :–
THE PUNJAB PRIVATE HEALTH SCIENCES EDUCATIONAL
INSTITUTIONS (REGULATION OF ADMISSION, FIXATION OF
FEE AND MAKING OF RESERVATION) AMENDMENT ACT, 2020
(Punjab Act No. 9 of 2020)
AN
ACT
further to amend the Punjab Private Health Sciences Educational Institutions
(Regulation of Admission, Fixation of Fee and Making of Reservation) Act, 2006.
BE it enacted by the Legislature of the State of Punjab in the
Seventy-first Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Private Health Sciences Short title, extent
and Educational Institutions (Regulation of Admission, Fixation of Fee and Making
Commencement.
of Reservation) Amendment Act, 2020.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
2. In the Punjab Private Health Sciences Educational Institutions
(Regulation of Admission, Fixation of Fee and Making of Reservation) Act,
2006 (hereinafter referred to as the principal Act), in section 2,-
Amendment of section 2 of Punjab Act 6 of 2006 (i) after clause (d), the following clause shall be inserted, namely:-
"(dd) "health sciences" means an education leading to impart Bachelor
of Medicine and Bachelor of Surgery (MBBS), Bachelor of Dental
Surgery (BDS), Bachelor of Ayurvedic Medicine and Surgery
(BAMS), Bachelor of Homeopathic Medicine and Surgery
(BHMS) and/or their Post Graduate(s) and such other level of
course(s) pertaining to health and medical education, as may be
notified by the State Government from time to time;" and
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(ii) for clause (i), the following clause shall be substituted, namely:-
(i) "private health sciences educational institution" means an
institution, not established and administered by the Central or
State Government and it includes an institution, by whatever
name called, including any University, Deemed University or
college, whether aided or unaided, non-minority and whether
governed or administered or managed or run by an individual
or individuals or Trust or any other private entity, agency or
organization, which institution conducts or carries on the activity
of imparting education to students leading to a degree or
diploma in any course or courses in the field of Health
Sciences;"
3. In the principal Act, in section 3, for sub-section (1), the following
sub-section shall be substituted, namely:-
Amendment of section 3 of Punjab Act 6 of 2006
"(1) Notwithstanding anything contained in any other law, enacted by
the legislature of the State of Punjab, for the time being in
force, the State Government shall regulate the admission, fix
fee and make reservation for different categories in admissions
to private health sciences educational institutions.".
4. In the principal Act, for section 6, the following section shall be
substituted, namely:-
Substitution of section 6 of Punjab Act 6 of 2006
"6. "Notwithstanding anything contained in any other law enacted by
Reservation the legislature of the State of Punjab, for the time being in
of seats.
force, All private health sciences educational institutions shall
reserve seats for admission in open merit category and management category,
for advancement of socially and educationally backward classes of citizens or
for the Scheduled Castes or Scheduled Tribes to such extent as may be notified
by the State Government in the Official Gazette from time to time:
Provided that such reservation shall not apply to the minority category
seats in minority private health sciences educational institutions.".
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5. In the principal Act, for section 7, for sub-section (1), the following
sub-section shall be substituted, namely:-
Amendment of section 7 of Punjab Act 6 of 2006 "(1) Notwithstanding anything contained in any other law, enacted by
the legislature of the State of Punjab, for the time being in
force, the State Government shall determine or cause to be
determined the fee to be charged by the private health sciences
educational institutions having regard to the minimum norms
of infrastructure and facilities as laid down by the concerned
Council.".
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.
2007/4-2020/Pb. Govt. Press, S.A.S. Nagar
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PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 17th April, 2020
No. 10-Leg./2020.–The following Act of the Legislature of the State
of Punjab received the assent of the Governor of Punjab on the 13th day of
April, 2020, is hereby published for general information :–
THE PUNJAB PRISONS DEVELOPMENT BOARD ACT, 2020
(Punjab Act No. 10 of 2020)
AN
ACT
to provide for the constitution of the Punjab Prisons Development
Board for strengthening of prison and correctional administration
particularly correctional interventions, welfare of prisoners and prisons'
staff and expanding prison industries, and for matters connected therewith
or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the
Seventy-first Year of the Republic of India as follows:-
Short title and 1. (1) This Act may be called the Punjab Prisons Development Board
Commencement.
Act, 2020.
(2) It shall come into force on such date as the State Government may,
by notification, in the Official Gazette, appoint.
Definitions 2. In this Act, unless the context otherwise requires,-
(a) "Board" means the Punjab Prisons Development Board constituted
under section 3 of this Act;
(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) "Chairperson" means the Chairperson of the Board;
(d) "fund" means the Prisons Development Fund referred to in
section 10 of this Act;
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(e) "Government" means the Government of Punjab in the Department
of Home Affairs, Justice and Jails;
(f) "land" includes rights in or over land and benefits to arise out of
land, and buildings, structures and other things attached to the earthor
permanently fastened to anything attached to the earth;
(g) "Member" means the Chairperson, Senior Vice-Chairperson,
Vice-Chairperson, Member-Secretary and Member of the Board;
(h) "Member-Secretary" means the Member-Secretary of the Board;
(i) "notification" means a notification published in the Official Gazette
of the Government of Punjab and the word 'notified' shall be
construed accordingly;
(j) "prescribed" means prescribed by the rules made under this Act;
(k) "Prison" means any jail or place used permanently or temporarily
under the general or special orders of the Government of Punjab
for the detention of prisoners, and includes all lands and buildings
appurtenant thereto;
(l) "rules" means rules made under this Act;
(m) "section" means section of this Act;
(n) "Senior Vice-Chairperson" means the Senior Vice-Chairperson of
the Board; and
(o) "Vice-Chairperson" means the Vice-Chairperson of the Board.
Constitution and 3. (1) With effect from such date as the Government may, by notification,
composition of
specify in this behalf, there shall be constituted a Board to be called the Punjab
the Board.
Prisons Development Board.
(2) The Board constituted 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.
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(3) The head quarter of the Board shall be at Chandigarh or Sahibzada
Ajit Singh Nagar, or at such other place as may be notified by the Government.
(4) The Board shall consist of the following members, namely:-
(a) Chief Minister;
Chairperson
(b) Minister for Prisons; Senior Vice-
Chairperson
(c) Additional Chief Secretary Vice Chairperson
or Principal Secretary or Secretary
to Government of Punjab,
Department of Home Affairs,
Justice and Jails;
(d) Additional Chief Secretary ex-officio Member
or Principal Secretary to
Government of Punjab,
Department of Revenue and
Rehabilitation;
(e) Additional Chief Secretary ex-officio Member
or Principal Secretary to
Government of Punjab, Department
of Finance;
(f) Legal Remembrancer and Secretary ex-officio Member
to Government of Punjab, Department
of Legal and Legislative Affairs;
(g) Registrar General, ex-officio Member
Punjab and Haryana High Court;
(h) Director, Prosecution and ex-officio Member
Litigation, Punjab;
(i) two non-official persons to be non-official
nominated by the Government, Members
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out of whom at least one shall
be a woman, and who have
distinguished themselves in the
field of prison administration or
prison reforms;
(j) two prison officers holding posts of Members
Superintendent of Central Jail or its
equivalent or above, to be nominated
by the Government; and
(k) Director General of Prisons or Member-Secretary
Additional Director General of
Prisons.
Term of office 4. (1) The non-official member of the Board shall hold office for a period
of non-official
of three years or up to the age of seventy years, whichever is earlier.
Member.
(2) The non-official member may, at any time, by writing and addressed
to the Government, resign from the office of the non-official member 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.
5. (1) The Board shall meet at such time and place as the Chairperson
Meeting of the
Board.
may decide, provided that at-least one meeting shall be held in every six months.
(2) The Chairperson can authorize the Senior Vice-Chairperson to
preside over the meeting of the Board in his absence.
(3) The procedure in regard to transaction of business at the meetings
including the quorum shall be such as may be prescribed.
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Vacancy etc. 6. No act or proceedings of the Board shall be questioned or shall be invalid
not to invalidate on the ground merely of the existence of any vacancy in, or defect in the
the acts and constitution of the Board or any defect in the appointment of a person acting preceedings of
the Board as Chairperson or the Senior Vice-Chairperson or the Vice-Chairperson or a
Member or any irregularity in the procedure of the Board, including issuing of
notice for holding of a meeting, not effecting merits of the matter.
Payment of 7. The non-official members of the Board shall be entitled to receive sitting
allowances and fee, honoraria and other allowances for attending the meetings of the Board,
sitting fee to non- as may be prescribed.
official Members
of the Board.
Appointment of 8. (1) The Board may appoint such officers and employees as may be
staff and required to enable the Board to carry out its functions under this Act in such
engagement of manner as may be prescribed.
experts.
(2) The Board may, from time to time, engage qualified persons or
experts in the fields of prison and correctional administration, medicine,
architecture, engineering, social work, sociology, psychology and psychiatry,
industrial management and the like, to be consultants to the Board as it may
consider necessary for the efficient performance of its functions on such terms
and conditions as may be prescribed.
Objects and 9. (1) Subject to the provisions of this Act, the following are the objects
functions of the and functions of the Board, namely:-
Board.
(a) to reduce the financial liability of the Government exchequer by
identifying and ensuring new means of revenue generation;
(b) to undertake programmes and schemes for betterment of prisoners,
including but not limited to, education, vocational or skill training,
manufacturing activities, agriculture, poultry, dairy or fish farming,
horticulture and such other occupational, commercial, industrial,
sports and welfare activities which helps in developing prisons as
correctional centres;
(c) to enhance the living conditions of the prisoners in all the prisons
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facilities compatible with the dignity of human life;
(d) to reform and re-assimilate prisoners in the social milieu by giving
them appropriate correctional treatment;
(e) to provide an enabling environment to the prisoners and help them in
such a way so that they may be able to lead a sustainable and
productive life as law-abiding citizens after their release;
(f) to upgrade the resources for efficient management of prisons, and
wherever required, by way of acquisition of assets, whether movable
or immovable, including computers, communication facilities, gadgets,
vehicles, security or surveillance equipment, video-conferencing
based trial facilities etc.;
(g) to ensure the welfare of the officers and employees of the Prisons
Department and the Board.
(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 under this Act or the rules made there under.
Fund
10. (1) The Board shall have and maintain its own fund in the name and
style of 'Prisons Development Fund' to which shall be credited:-
(a) all moneys received by the Board from the Central and State
Government, 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,
manufacturing or other activities undertaken by the prisoners in
Prisons;
(d) all fees, charges, moneys received and profits received by the Board
from any leasing or commercial activities carried out;
(e) all moneys received by the Board after the disposal of lands,
buildings and other properties (movable and immovable);
(f) all moneys received by the Board by way of rents or profits or in
any other manner or from any other source;
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(g) all moneys received by the Board by way of profits by running of
inner and outer canteens or provision stores in the prisons; and
(h) all moneys received by the Board by way of donations from
approved non-Governmental organizations, registered charitable
institutions or bodies and individuals.
(2) The 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 or decided in the Board meetings.
(3) The Board shall keep such sum of money out of its funds in deposit
in any of the Nationalized Banks, and any money in excess of the said sum
shall be invested in such manner as may be prescribed.
11. The Board may, from time to time, subject to such conditions as may be Power of the
Board to borrow prescribed, borrow any sum required for the purpose of this Act.
Power of the 12. The Government may, make such grants, advances and loans to the Board
Government to as the Government may deem necessary for the performance of the functions
make grants, of the Board under this Act, and all grants, loans or advances made shall be on loans etc. such terms and conditions as the Government may determine.
13. The Board shall prepare every year, in such manner and in such form as Annual report.
may be prescribed, its annual report giving a true and fair account of its activities
during the previous year and submit the said report to the Government.
14. The Board shall furnish to the Government such returns or other Returns etc. information with respect to its activities as the Government may, from time to
time, require.
15. (1) The Board shall maintain proper accounts and other relevant records Accounts and
Audit.
and prepare an annual statement of accounts in such form, as may be prescribed.
(2) The accounts of the Board shall be subject to annual audit by the
Comptroller and Auditor General of India, within three months after the close
of each financial year and any expenditure incurred in connection with such
audit shall be payable by the Board.
(3) The accounts as certified by the Member-Secretary, together with
the audit report thereon, shall be forwarded annually to the Government.
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Annual report 16. The Government shall cause the annual report together with a
and audit report
memorandum of action taken on the recommendations contained therein, in so
to be laid before
the State
far as they relate to the Government and the reasons for the non acceptance,
Legislature.
if any, of any of such recommendations, and the audit report to be laid as soon
as may be, after the reports, are received, before the State Legislature.
Vesting of Prison 17. On and from the date of commencement of this Act, for the limited
Lands and
purpose of carrying out commercial, welfare and related activities of the Board,
Buildings in the
all land and buildings appurtenant thereto in the charge, or possession, or use,
Board.
of the Prisons Department, shall vest in the Board, and be subject to its control.
Acquisition of 18. (1) If, in the opinion of the Board, any land is required to be acquired
land.
for any activity of the Board, the Board may request the Government to acquire
such land under the provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2) Where, in the opinion of the Board, there is suitable land belonging
to Government of Punjab, organization or a private individual, it may acquire
the said land by way of payment of market value, as fixed by the Deputy
Commissioner concerned.
(3) The Board may, in case of disagreement with the recommendations
of the Deputy Commissioner under sub-section (2), refer the same, along with
its views, to the Government, whose decision shall be final.
19. The Government may, by notification, make rules for carrying out all, or
Power to make
rules.
any of the purposes of this Act.
Members, 20. All members, officers and employees of the Board when acting or
officers and
purporting to act in pursuance of the provisions of this Act or any rule or
employees of
regulation made there under, shall be deemed to be public servants within the
the Board to be
Public Servants.
meaning of section 21 of the Indian Penal Code, 1860 and of clause (c) of
section 2 of the Prevention of Corruption Act, 1988.
Overriding effect. 21. The Board so constituted under this Act shall have overriding effect on
any other rules or orders or instructions issued earlier relating to functioning of
prison industries, welfare programs for prisoners and prison staff, and other
related activities.
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Repeal and 22. (1) The Punjab Jail Canteen Rules, 2016 and all other relevant orders,
Savings.
notifications and instructions issued in this behalf, are hereby repealed.
(2) Notwithstanding anything such repeal, anything done or any action
taken under the rules, orders, notifications and instructions so repealed, which
are not inconsistent with the provisions of this Act shall be deemed to have
been done or taken under the corresponding provisions of this Act.
Winding up of 23. The Society running in the name and style "Society for the Development
the Society.
of Prisoners and Employees of Prison Department" shall be wound up by due
process of law, and the activities undertaken by the said Society shall be
subsumed in the Board.
S.K. AGGARWAL,
Secretary to Government of Punjab,
Department of Legal and Legislative Affairs.