PUNJAB PROBATION AND PAROLE SERVICE ACT 2019

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THE PUNJAB PROBATION AND PAROLE SERVICE 
ACT 2019 
 (XXXVI of 2019) 
CONTENTS 
1. Short title, extent and commencement 
2. Definition 
3. Constitution of Service 
4. Superintendence 
5. Government to determine priorities 
6. Board of Management 
7. Director General 
8. Functions and responsibilities of the Service  
9. Probation and Parole Officers 
10. Parole Board 
11. Review 
12. Maintenance of Systems 
13. Certification and training  
14. Annual report 
15. Code of conduct 
16. Terms and conditions of Service of employees 
17. Indemnity 
18. Removal of difficulties 
19. Power to make Rules 
20. Omission 
21. Conversion 
 
 
22. Repeal 
  
 
 
 
TEXT 
1THE PUNJAB PROBATION AND PAROLE SERVICE ACT 2019 
 (XXXVI of 2019) 
    [31st December, 2019] 
An 
Act 
to establish the Punjab Probation and Parole Service in the Punjab. 
It is expedient to establish an effective and efficient probation and parole Service for 
assessing and managing offenders who have been or may be sent on probation or 
parole and for better coordination in the criminal justice system and for matters 
connected therewith or incidental thereto. 
Be it enacted by Provincial Assembly of the Punjab as follows: 
1. Short title, extent and commencement .– (1) This Act may be cited as the 
Punjab Probation and Parole Service Act 2019. 
(2) It extends to whole of the Punjab. 
 (3) It shall come into force at once. 
 
2. Definition.– In the Act unless the context provides otherwise: 
(a) ‘‘Act’’ means the Punjab Probation and Parole Service Act 2019; 
(b) ‘‘Director General’’ means the Director General appointed under 
section 7 of the Act; 
(c) “Government’’ means Government of the Punjab; 
(d) ‘‘offender’’ means a person who has been convicted of an offence; 
(e) “Parole” means release of a prisoner from imprisonment before the full 
sentence has been served in accordance with the provisions of section 
2 of the Good Conduct Prisoners Probational Release Act, 1926;  
(f) ‘‘prescribed’’ means prescribed by rules made under the Act; 
(g) “Probation” means release of a convicted person through a probation 
order passed under the provisions of the Probation of Offenders 
Ordinance, 1960; 
(h) ‘‘rules’’ means the rules made under the Act; and 
(i) ‘‘Service’’ means the Punjab Probation and Parole Service. 
 
3. Constitution of Service.– (1) The Government shall establish and maintain a 
Service to be called the Punjab Probation and Parole Service. 
                                                      
1This Act was passed by Provincial Assembly of the Punjab on 18th December 2019; assented to by 
the Governor of the Punjab on 30th December 2019; and, was published in the Punjab Gazette 
(Extraordinary), dated: 31st December 2019, pp. 2763-2766. 
 
 
 (2) The Service shall consist of a Director General and such number of 
officers and staff as the Government may prescribe. 
 
4. Superintendence.– The superintendence of the Service shall vest in the 
Government and such superintendence shall be exercised in accordance with law. 
 
5. Government to determine priorities.– The Government shall determine: 
(a) the priorities of the Service; and 
(b) the indicators against which the Service shall report. 
 
6. Board of Management .– (1) There shall be a Board of Management 
consisting of the following: 
(a) Additional Chief Secretary (Home) - Chairperson; 
(b) Director General; 
(c) two Directors of the Service; and 
(d) four independent members including at least one female 
member to be appointed by the Government having expertise in 
relevant field in the prescribed manner who shall provide 
independent and professional advice. 
(2) The Board shall be responsible for:  
(a) setting the vision of the Service; 
(b) financial and human resource management: scrutiny of the 
allocation of financial and human resources; ensuring 
organizational design supports strategic objectives; ensuring 
controls are in place to manage risk including risk of 
inappropriate behavior; ensuring value for money; 
(c) talent management: ensuring the Service has the people to 
deliver its mandate; and 
(d) performance management: agreeing a business plan; 
monitoring and steering performance against a plan; scrutinizing 
performance and setting values; ensuring clear, consisten t of 
and comparable performance; ensuring controls are in place on 
illegal and unethical behavior or conduct. 
 
7. Director General .– (1) The Service shall be headed by a Director General 
who shall be appointed by the Chief Minister of the Punjab and shall have such 
qualification and experience as may be prescribed and until so prescribed as may be 
specified by the Government. 
 (2) The Director General shall be the officer -in-charge within the meaning 
of the Probation of Offenders Ordinance, 1960 (XLV of 196 0) and the Director 
Reclamation and Probation within the meaning of the Good Conduct Prisoners’ 
Probational Release Rules, 1927. 
 
 
 
8. Functions and responsibilities of the Service .– (1) The Service shall be 
responsible for:  
(a) assessing the risks and needs of offenders;  
(b) creating plans for working with offenders; 
(c) managing the risk of offenders; 
(d) maintaining and updating of data regarding offenders managed 
or evaluated by the Service; 
(e) ensuring that conditions of release or license are fulfilled; and 
(f) facilitating rehabilitation of offenders. 
 (2) The Service shall also be responsible for setting up and maintaining 
such rehabilitation facilities as may be prescribed.  
 
9. Probation and Parole Officers.– (1) The Service shall have such number of 
Probation and Parole officers as may be specified by the Government. 
 (2) In addition to any powers or duties conferred by the Act or the rules 
made thereunder: 
(a) a probation officer shall have the po wers and duties of a 
probation officer as mentioned in the Probation of Offenders 
Ordinance, 1960 (XLV of 1960 ) or such other law relating to 
probation of offenders as may be in force; and 
(b) a parole officer shall have the powers and duties mentioned in 
the Good Conduct Prisoners’ Probational Release Act, 1926 (X 
of 1926) or any other law relating to probational release for the 
time being in force. 
 
10. Parole Board.– (1) There shall be a Parole Board consisting of such persons 
as may be notified by the Government. 
(2) The Parole Board shall perform the following functions: 
(a) consider offenders for parole;  
(b) recommend the release of such offenders to the Government as 
may be prescribed; 
(c) recommend the conditions for offenders released on parole; and  
(d) consider and determine applications for: 
(i) variation and discharge of release conditions; 
(ii) making of confidentiality orders; 
(iii) imposition of special conditions on offenders; and 
(iv) interim and final recall from parole. 
 
11. Review.– (1) An offender may within thirty days of a decision of the Parole 
Board apply to the Parole Board for review.  
 
 
(2) The review under subsection (1) shall only be filed on the following 
grounds: 
(a) that the d ecision was passed on the basis of incorrect 
information; or 
(b) that the risk of re -offending was assessed in a mechanical 
manner; or 
(c) that the decision was not made in accordance with law. 
 (3) The Parole Board shall consider the application and where  it finds the 
contentions of the applicant correct, it shall decide the matter again. 
 (4) The Parole Board shall also consider the matter afresh whenever so 
directed by the Government. 
 
12. Maintenance of Systems .– The Service shall at all times maintain the 
following management systems:  
(a) offender management system to assess the risks and needs of 
offenders and to create plans for working with them and 
managing their risk; 
(b) victim notification system to provid e for such information as may 
be prescribed to victims of offences; and 
(c) offenders record management system to maintain information 
about offenders sent on probation or parole. 
 
13. Certification and training.– The Probation and Parole officers shall un dergo 
such trainings and obtain such certification as may be prescribed and until so 
prescribed as may be specified by the Government.  
 
14. Annual report.– (1) The Service shall publish, at the beginning of each year, 
an annual report regarding its performance. 
 (2) The report shall contain such information as the Government or the 
Board of Management may specify; provided that the following information shall 
always be provided:  
(a) the number of offenders eligible for parole and probation; 
(b) the number of offenders granted probation and parole; 
(c) the number of assessments undertaken; 
(d) the number of violations detected; 
(e) the number of parole hearings undertaken; and 
(f) the number of probation and parole orders revoked. 
 
15. Code of conduct .– (1) The Government shall issue a code of conduct for 
Probation and Parole officers.  
 (2) The Probation and Parole Officers shall act in accordance with the 
Code of Conduct. 
 
 
 
16. Terms and conditions of Service of employees .– Subject to the provisions 
of the Act, employees of the Service shall be appointed and governed under the 
provisions of the Punjab Civil Servants Act, 1974 (VIII OF 1974) and the rules made 
thereunder. 
 
17. Indemnity.– No suit, prosecution or other legal proceedings shall lie against a  
probation or parole officer in respect of anything done by him in good faith under the 
Act. 
 
18. Removal of difficulties .– The Government may by order provide for the 
removal of any difficulty which may arise in giving effect to the provisions of the Act. 
 
19. Power to make Rules .– The Government may make rules for carrying into 
effect the provisions of the Act. 
 
20. Omission.– Section 12 of the Probation of Offenders Ordinance, 1960 (XLV 
of 1960) is hereby omitted in its application to the Province of the Punjab. 
 
21. Conversion.– On commencement of the Act, the Directorate of Reclamation 
and Probation, Punjab shall stand converted into the Service. 
 
22. Repeal.– The Punjab Probation and Parole Service Ordinance 2019  (XIII of 
2019) is hereby repealed.