PUNJAB GOVT. GAZ. (EXTRA), APRIL 17, 2020
(CHTR 28, 1942 SAKA)
76Regd. No. NW/CH-22 Regd. No. CHD/009 /2018-2020
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, APRIL 17, 2020
(CHAITRA 28, 1942 SAKA)
( xxxi )
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
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 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 ______ .. 77-79 .. 81-89
1
77
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 Educational Institutions (Regulation of Admission, Fixation of Fee and Making 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,-
(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 Short title, extent
and
Commencement.
Amendment of
section 2 of
Punjab Act 6 of
2006
78
(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:-
"(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:-
"6. "Notwithstanding anything contained in any other law enacted by the legislature of the State of Punjab, for the time being in 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.".
Amendment of
section 3 of
Punjab Act 6 of
2006
Substitution of section 6 of Punjab Act 6 of
2006
Reservation of seats.
79
5. In the principal Act, for section 7, for sub-section (1), the following sub-section shall be substituted, namely:-
"(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. Amendment of
section 7 of
Punjab Act 6 of
2006
2007/4-2020/Pb. Govt. Press, S.A.S. Nagar
80
81
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:-
1. (1) This Act may be called the Punjab Prisons Development Board Act, 2020.
(2) It shall come into force on such date as the State Government may, by notification, in the Official Gazette, appoint.
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;
Short title and
Commencement.
Definitions
82
(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.
3. (1) With effect from such date as the Government may, by notification, specify in this behalf, there shall be constituted a Board to be called the Punjab 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.
Constitution and
composition of
the Board.
83
(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
84
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.
4. (1) The non-official member of the Board shall hold office for a period of three years or up to the age of seventy years, whichever is earlier.
(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 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. Term of office
of non-official
Member.
Meeting of the
Board.
85
6. No act or proceedings of the Board shall be questioned or shall be invalid on the ground merely of the existence of any vacancy in, or defect in the constitution of the Board or any defect in the appointment of a person acting 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.
7. The non-official members of the Board shall be entitled to receive sitting fee, honoraria and other allowances for attending the meetings of the Board, as may be prescribed.
8. (1) The Board may appoint such officers and employees as may be required to enable the Board to carry out its functions under this Act in such manner as may be prescribed.
(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.
9. (1) Subject to the provisions of this Act, the following are the objects and functions of the Board, namely:-
(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 with specific reference to their basic needs and provision of Vacancy etc.
not to invalidate
the acts and
preceedings of
the Board
Payment of
allowances and
sitting fee to non-
official Members
of the Board.
Appointment of
staff and
engagement of
experts.
Objects and
functions of the
Board.
86
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.
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;
Fund
87
(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 prescribed, borrow any sum required for the purpose of this Act.
12. The Government may, make such grants, advances and loans 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.
13. The Board shall prepare every year, in such manner and in such form as 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 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 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. Power of the
Board to borrow
Power of the
Government to
make grants,
loans etc.
Annual report.
Returns etc.
Accounts and
Audit.
88
16. The Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Government and the reasons for the non acceptance, 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.
17. On and from the date of commencement of this Act, for the limited purpose of carrying out commercial, welfare and related activities of the Board, all land and buildings appurtenant thereto in the charge, or possession, or use, of the Prisons Department, shall vest in the Board, and be subject to its control.
18. (1) If, in the opinion of the Board, any land is required to be acquired 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 any of the purposes of this Act.
20. All members, officers and employees of the Board when acting or purporting to act in pursuance of the provisions of this Act or any rule or regulation made there under, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 and of clause (c) of section 2 of the Prevention of Corruption Act, 1988.
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.
Annual report
and audit report
to be laid before
the State
Legislature.
Vesting of Prison
Lands and
Buildings in the
Board.
Acquisition of
land.
Power to make
rules.
Members,
officers and
employees of
the Board to be
Public Servants.
Overriding effect.
89
22. (1) The Punjab Jail Canteen Rules, 2016 and all other relevant orders, 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.
23. The Society running in the name and style "Society for the Development 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. Repeal and
Savings.
Winding up of
the Society.
2007/4-2020/Pb. Govt. Press, S.A.S. Nagar