LexThe Telangana Prisons Development Board Act, 2001.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE 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
Development Board Act, 2001.
(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,-
(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 13 th 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.
Short title, extent
and
commencement.
Definitions.
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 p ermanently 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 ge neral or
special orders of the S tate 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 ,
by notification, specify in this behalf, there shall be
established a Board to be called „the 4Telangana 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 Genera l of the
High Court of Andhra
Pradesh.
Ex-officio
Director.
(d) Principal Secretary to
Government in 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.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Constitution and
Composition of
the Board.
4 [Act No.12 of 2001]
(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.
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 befor e 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.
Term of Office.
[Act No.12 of 2001] 5
5. (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 b y the members present
among themselves, shall preside at a meeting of the Board.
(3) The procedure in regard to transaction of bus iness
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
reason only of the existence of any vacancy amongst its
members or any defect in its constitution.
7. The terms and conditions of service of the memb ers of
the Board including the honoraria and the allowances to be
paid to them, shall be such as may be prescribed.
8. (1) The Board may appoint such officers and
employees as may be requir ed 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
Meetings of the
Board.
Vacancy etc., not
to invalidate the
acts and
proceedings of
the Board.
Terms and
Conditions of
service.
Appointment of
staff.
6 [Act No.12 of 2001]
functions on such terms and conditions as may be
prescribed.
9. 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. (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 wi th 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 prisoner s are provide d 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 t raining, industry,
manufacturing activities, agriculture, poultry, dairying,
horticulture and such other occupational activities being
Chief Controlling
Authority.
Functions of the
Board.
[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 pri sons, if necessary by
acquiring properties, whether movable or immovable
including Computers, Communication facilities, gadgets ,
vehicles, security or surveill ance 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 an d 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 ag ricultural,
horticultural, industrial or manufacturing activities
undertaken by the prisoners in Jails;
(d) all fees, charges and profits receive d by the
Board;
Prisons
Development
Fund.
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.
12. The Board may, from time to time, subject to such
conditions as may be prescribed bo rrow any sum required
for the purposes of this Act.
13. The Government may, after due appropriation made by
the State Legislature 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.
14. The Board shall prepare every year in such mann er
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.
Power of the
Board to borrow.
Grants, Advances
and loans from
Government.
Annual Report.
[Act No.12 of 2001] 9
15. 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. (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 may be
prescribed.
(2) The accounts of the Board shall be subject to
annual audit by the Director of State Audit under th e
provisions of the 5Telangana State Audit Act, 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. 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 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
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
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.
Returns etc.
Accounts and
audit.
Vesting of prison
lands and
buildings in the
Board.
Acquisition of
land.
Act 9 of 1989.
10 [Act No.12 of 2001]
Government to acquire such la nd under the provisions of
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 b y 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 priso n or improvement of an existing
prison is to be acquired o n 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.
19. (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
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).
Disposal of land,
buildings etc., by
the Board.
Central Act 1 of 1894.
[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
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 Leg islature 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 ses sions, and if, before the expiration of the
session in which it is so laid or the session immediately
following, the Legislat ure agrees in making any
modifications in the rule or in the annulment of the rule, the
rule shall from the date on which the modif ication 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
Government by notification make Regulations not
inconsistent with this Act or rules made thereunder to
discharge its functions under this Act.
Power to make
rules.
Power to make
Regulations.
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) t he summoning and hol ding of meetings of the
Board, and the time and places at w hich such meetings
shall be he ld 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 thei r 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) T he 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. 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
thereunder, shall be deemed to be public servants within the
meaning of section 21 of the Indian Pen al Code, 1860 and
the Prevention of Corruption Act, 1988.
Members, Officers
and employees of
the Board to be
public servants.
Central Act 45 of 1860.
Central Act 49 of 1988.
[Act No.12 of 2001] 13
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.
* * *