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  "title": "PUNJAB PROBATION AND PAROLE SERVICE ACT 2019",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/BDwHOQAwVGI-",
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  "text": "THE PUNJAB PROBATION AND PAROLE SERVICE \r\nACT 2019 \r\n (XXXVI of 2019) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definition \r\n3. Constitution of Service \r\n4. Superintendence \r\n5. Government to determine priorities \r\n6. Board of Management \r\n7. Director General \r\n8. Functions and responsibilities of the Service  \r\n9. Probation and Parole Officers \r\n10. Parole Board \r\n11. Review \r\n12. Maintenance of Systems \r\n13. Certification and training  \r\n14. Annual report \r\n15. Code of conduct \r\n16. Terms and conditions of Service of employees \r\n17. Indemnity \r\n18. Removal of difficulties \r\n19. Power to make Rules \r\n20. Omission \r\n21. Conversion \r\n \r\n \r\n22. Repeal \r\n  \r\n \r\n \r\n \r\nTEXT \r\n1THE PUNJAB PROBATION AND PAROLE SERVICE ACT 2019 \r\n (XXXVI of 2019) \r\n    [31st December, 2019] \r\nAn \r\nAct \r\nto establish the Punjab Probation and Parole Service in the Punjab. \r\nIt is expedient to establish an effective and efficient probation and parole Service for \r\nassessing and managing offenders who have been or may be sent on probation or \r\nparole and for better coordination in the criminal justice system and for matters \r\nconnected therewith or incidental thereto. \r\nBe it enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Probation and Parole Service Act 2019. \r\n(2) It extends to whole of the Punjab. \r\n (3) It shall come into force at once. \r\n \r\n2. Definition.– In the Act unless the context provides otherwise: \r\n(a) ‘‘Act’’ means the Punjab Probation and Parole Service Act 2019; \r\n(b) ‘‘Director General’’ means the Director General appointed under \r\nsection 7 of the Act; \r\n(c) “Government’’ means Government of the Punjab; \r\n(d) ‘‘offender’’ means a person who has been convicted of an offence; \r\n(e) “Parole” means release of a prisoner from imprisonment before the full \r\nsentence has been served in accordance with the provisions of section \r\n2 of the Good Conduct Prisoners Probational Release Act, 1926;  \r\n(f) ‘‘prescribed’’ means prescribed by rules made under the Act; \r\n(g) “Probation” means release of a convicted person through a probation \r\norder passed under the provisions of the Probation of Offenders \r\nOrdinance, 1960; \r\n(h) ‘‘rules’’ means the rules made under the Act; and \r\n(i) ‘‘Service’’ means the Punjab Probation and Parole Service. \r\n \r\n3. Constitution of Service.– (1) The Government shall establish and maintain a \r\nService to be called the Punjab Probation and Parole Service. \r\n                                                      \r\n1This Act was passed by Provincial Assembly of the Punjab on 18th December 2019; assented to by \r\nthe Governor of the Punjab on 30th December 2019; and, was published in the Punjab Gazette \r\n(Extraordinary), dated: 31st December 2019, pp. 2763-2766. \r\n \r\n \r\n (2) The Service shall consist of a Director General and such number of \r\nofficers and staff as the Government may prescribe. \r\n \r\n4. Superintendence.– The superintendence of the Service shall vest in the \r\nGovernment and such superintendence shall be exercised in accordance with law. \r\n \r\n5. Government to determine priorities.– The Government shall determine: \r\n(a) the priorities of the Service; and \r\n(b) the indicators against which the Service shall report. \r\n \r\n6. Board of Management .– (1) There shall be a Board of Management \r\nconsisting of the following: \r\n(a) Additional Chief Secretary (Home) - Chairperson; \r\n(b) Director General; \r\n(c) two Directors of the Service; and \r\n(d) four independent members including at least one female \r\nmember to be appointed by the Government having expertise in \r\nrelevant field in the prescribed manner who shall provide \r\nindependent and professional advice. \r\n(2) The Board shall be responsible for:  \r\n(a) setting the vision of the Service; \r\n(b) financial and human resource management: scrutiny of the \r\nallocation of financial and human resources; ensuring \r\norganizational design supports strategic objectives; ensuring \r\ncontrols are in place to manage risk including risk of \r\ninappropriate behavior; ensuring value for money; \r\n(c) talent management: ensuring the Service has the people to \r\ndeliver its mandate; and \r\n(d) performance management: agreeing a business plan; \r\nmonitoring and steering performance against a plan; scrutinizing \r\nperformance and setting values; ensuring clear, consisten t of \r\nand comparable performance; ensuring controls are in place on \r\nillegal and unethical behavior or conduct. \r\n \r\n7. Director General .– (1) The Service shall be headed by a Director General \r\nwho shall be appointed by the Chief Minister of the Punjab and shall have such \r\nqualification and experience as may be prescribed and until so prescribed as may be \r\nspecified by the Government. \r\n (2) The Director General shall be the officer -in-charge within the meaning \r\nof the Probation of Offenders Ordinance, 1960 (XLV of 196 0) and the Director \r\nReclamation and Probation within the meaning of the Good Conduct Prisoners’ \r\nProbational Release Rules, 1927. \r\n \r\n \r\n \r\n8. Functions and responsibilities of the Service .– (1) The Service shall be \r\nresponsible for:  \r\n(a) assessing the risks and needs of offenders;  \r\n(b) creating plans for working with offenders; \r\n(c) managing the risk of offenders; \r\n(d) maintaining and updating of data regarding offenders managed \r\nor evaluated by the Service; \r\n(e) ensuring that conditions of release or license are fulfilled; and \r\n(f) facilitating rehabilitation of offenders. \r\n (2) The Service shall also be responsible for setting up and maintaining \r\nsuch rehabilitation facilities as may be prescribed.  \r\n \r\n9. Probation and Parole Officers.– (1) The Service shall have such number of \r\nProbation and Parole officers as may be specified by the Government. \r\n (2) In addition to any powers or duties conferred by the Act or the rules \r\nmade thereunder: \r\n(a) a probation officer shall have the po wers and duties of a \r\nprobation officer as mentioned in the Probation of Offenders \r\nOrdinance, 1960 (XLV of 1960 ) or such other law relating to \r\nprobation of offenders as may be in force; and \r\n(b) a parole officer shall have the powers and duties mentioned in \r\nthe Good Conduct Prisoners’ Probational Release Act, 1926 (X \r\nof 1926) or any other law relating to probational release for the \r\ntime being in force. \r\n \r\n10. Parole Board.– (1) There shall be a Parole Board consisting of such persons \r\nas may be notified by the Government. \r\n(2) The Parole Board shall perform the following functions: \r\n(a) consider offenders for parole;  \r\n(b) recommend the release of such offenders to the Government as \r\nmay be prescribed; \r\n(c) recommend the conditions for offenders released on parole; and  \r\n(d) consider and determine applications for: \r\n(i) variation and discharge of release conditions; \r\n(ii) making of confidentiality orders; \r\n(iii) imposition of special conditions on offenders; and \r\n(iv) interim and final recall from parole. \r\n \r\n11. Review.– (1) An offender may within thirty days of a decision of the Parole \r\nBoard apply to the Parole Board for review.  \r\n \r\n \r\n(2) The review under subsection (1) shall only be filed on the following \r\ngrounds: \r\n(a) that the d ecision was passed on the basis of incorrect \r\ninformation; or \r\n(b) that the risk of re -offending was assessed in a mechanical \r\nmanner; or \r\n(c) that the decision was not made in accordance with law. \r\n (3) The Parole Board shall consider the application and where  it finds the \r\ncontentions of the applicant correct, it shall decide the matter again. \r\n (4) The Parole Board shall also consider the matter afresh whenever so \r\ndirected by the Government. \r\n \r\n12. Maintenance of Systems .– The Service shall at all times maintain the \r\nfollowing management systems:  \r\n(a) offender management system to assess the risks and needs of \r\noffenders and to create plans for working with them and \r\nmanaging their risk; \r\n(b) victim notification system to provid e for such information as may \r\nbe prescribed to victims of offences; and \r\n(c) offenders record management system to maintain information \r\nabout offenders sent on probation or parole. \r\n \r\n13. Certification and training.– The Probation and Parole officers shall un dergo \r\nsuch trainings and obtain such certification as may be prescribed and until so \r\nprescribed as may be specified by the Government.  \r\n \r\n14. Annual report.– (1) The Service shall publish, at the beginning of each year, \r\nan annual report regarding its performance. \r\n (2) The report shall contain such information as the Government or the \r\nBoard of Management may specify; provided that the following information shall \r\nalways be provided:  \r\n(a) the number of offenders eligible for parole and probation; \r\n(b) the number of offenders granted probation and parole; \r\n(c) the number of assessments undertaken; \r\n(d) the number of violations detected; \r\n(e) the number of parole hearings undertaken; and \r\n(f) the number of probation and parole orders revoked. \r\n \r\n15. Code of conduct .– (1) The Government shall issue a code of conduct for \r\nProbation and Parole officers.  \r\n (2) The Probation and Parole Officers shall act in accordance with the \r\nCode of Conduct. \r\n \r\n \r\n \r\n16. Terms and conditions of Service of employees .– Subject to the provisions \r\nof the Act, employees of the Service shall be appointed and governed under the \r\nprovisions of the Punjab Civil Servants Act, 1974 (VIII OF 1974) and the rules made \r\nthereunder. \r\n \r\n17. Indemnity.– No suit, prosecution or other legal proceedings shall lie against a  \r\nprobation or parole officer in respect of anything done by him in good faith under the \r\nAct. \r\n \r\n18. Removal of difficulties .– The Government may by order provide for the \r\nremoval of any difficulty which may arise in giving effect to the provisions of the Act. \r\n \r\n19. Power to make Rules .– The Government may make rules for carrying into \r\neffect the provisions of the Act. \r\n \r\n20. Omission.– Section 12 of the Probation of Offenders Ordinance, 1960 (XLV \r\nof 1960) is hereby omitted in its application to the Province of the Punjab. \r\n \r\n21. Conversion.– On commencement of the Act, the Directorate of Reclamation \r\nand Probation, Punjab shall stand converted into the Service. \r\n \r\n22. Repeal.– The Punjab Probation and Parole Service Ordinance 2019  (XIII of \r\n2019) is hereby repealed.",
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