LexThe ANDHRA PRADESH PRISONS DEVELOPMENT BOARD ACT, 2001
Andhra Pradesh · state statute
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THE ANDHRA PRADESH 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
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
2
THE ANDHRA PRADESH PRISONS DEVELOPMENT BOARD ACT,
2001
(17th April, 2001)
ACT No. 12 OF 2001
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ANDHRA
PRADESH PRISONS DEVELOPMENT BOARD FOR THE DEVELOPMENT OF
THE PRISON SYSTEM AND FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh
in the fifty- second year of republic of India as follows:-
CHAPTER - I
PRELIMINARY
1. Short title, and extent commencement - (1) This Act may be called the
Andhra Pradesh Prisons Development Board Act, 2001.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by
notification, appoint.
2. Definitions - In this Act, unless the context otherwise requires,-
(a) “Board” means the Andhra Pradesh 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;
(d) “Government” means the State Government of
Andhra Pradesh;
(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
Andhra Pradesh 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.
CHAPTER - II
ESTABLISHMENT OF THE BOARD
3. Constitution and Composition of the Board - (1) With effect from such
date as the Government may, by notification, specify in this behalf, there shall
be established a Board to be called ‘the Andhra Pradesh Prisons’ 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 High Court of
Andhra Pradesh.
Ex-officio
Director.
(d) Principal Secretary to Government
Home (Prisons) Department.
Ex-officio
Director.
(e) Principal Secretary to Govt. Finance
Department.
Ex-officio
Director.
(f) Principal Secretary to Govt. Revenue
Department.
Ex-officio
Director.
g) Secretary to Government , Law
Department.
Ex-officio
Director.
(h) Director General and Inspector
General of Police.
Ex-officio
Director.
(i) Director of Prosecutions. Ex-officio
Director.
(j) Two persons to be 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.
Members.
(k) Inspector General of Prisons. Ex-officio
Managing
Director.
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4. Term of Office - 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.
5. Meetings of the Board - (1) The Board shall meet at such times and places
as the Chairman may decide and an urgent meeting may be 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. Vacancy etc., not to invalidate the acts and proceedings of the Board -
No act or proceeding s of the Board shall be invalid by reason only of the
existence of any vacancy amongst its members or any defect in its constitution.
7. Terms and Conditions of service - The terms and conditions of service of
the members of the Board including the honoraria and the allowances to be
paid to them shall be such as may be prescribed.
8. Appointment of staff -
(1) The Board may appoint such officers and employees as may be
required to enable the Board to 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
functions on such terms and conditions as may be prescribed.
9. Chief Controlling Authority- The Managing Director shall be the Chief
Controlling 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.
10. Functions of the Board - (1) Subject to the provisions of this Act, the
functions of 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 carried on in the prisons with a view
to developing prisons as correctional centres;
(g) to efficiently manage the pr isons, 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. Prisons Development Fund - (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 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;
(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.
12. Power of the Board to borrow - The Board may, from time to time,
subject to such conditions as may be prescribed borrow any sum required for
the purposes of this Act.
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13. Grants, Advances and loans from Government - The Government may,
after due appropriation made by the State Legislature , mad e 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.
14. Annual Report - The Board shall prepare every year in such manner and
in such form as may be prescribe d 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.
15. Returns etc - 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.
16. Accounts and audit - (1) The Board shall maintain proper accounts and
other relevant records and prepare an Annual Statement of accounts in such
form and in such manner as 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 Andhra Pradesh State Audit
Act, 1989 (Act 9 of 1989 ), and any 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. Vesting of prison lands and buildings in the Board - On and from the
date of commencement of this Act, all land and buildings appurtenant thereto
in the charge or possession or use of the Prisons Department of Government of
Andhra Pradesh other than those specified in the Schedule shall, vest in the
Board and be subject to its control.
18. Acquisition of land - (1) If, in the opinion of the Board, any land is
required for the construction of a new Prison or improvement of an existing
prison or construction of quarters for the staff of the Prisons Department, the
Board may request the Government to acquire such land under the provisions
of the Land Acquisition Act, 1894 (Central Act 1 of 1894).
(2) Where the Board proposes to acquire any land by private
negotiations otherwise than under the provisions of the 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 con cerned 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.
19. Disposal of land, buildings etc., by the Board - (1) The Board may,
subject to such rules as may be made in this behalf retain, lease, sell, exchange
or otherwise dispose of,-
(a) any land or building or property whether movable or
immovable in its possession; and
(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. Power to make rules - (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall be, immediately after it is made,
laid before the Legislative Assembly 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 Legislative Assembly 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. Power to make Regulations - (1) The Board may with the previous
approval of the Government by notification made Regulations not inconsistent
with this Act or rules made thereunder to discharge its functions under this Act.
(2) In particular and without prejudice to the foregoing po wer 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.
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(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.
22. Members, Officers and employees of the Board to be public servants -
All members, Officers and employees of the Board when acting or purporting to
act in pursuance of the provisions of this Act or any rul e or Regulation made
thereunder, shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code, 1860 (Central Act 45 of 1860) and the Prevention of
Corruption Act, 1988(Central Act 49 of 1988).
SCHEDULE
(See section 17)
Sl.No.
Name and
Place of the
Prison
Survey No. and
extent of the Land.
Remarks
(1) (2) (3) (4)
1.
Central Prison
Secunderabad
S.No.4
(Ward No.148
Block No. A).
Jamisthanpur Village,
Hyderabad.
30 Acres 75 cents.
2.
Central Prison
Visakhapatnam
S.No. 693-1460A
1461A.
Visakhapatnam
(Urban) 26.35 Acres.
G.BHAVANI PRASAD,
Secretary to Government,
Legislative Affairs & Justice,
Law Department.