the Karnataka Prison Development Board Act, 2021.

KARNATAKA ACT NO. 34 OF 2021 

THE KARNATAKA PRISON DEVELOPMENT BOARD ACT, 2021 

 

Sections:  

1. Short title and commencement 

2. Definitions 

3. Constitution and composition of the Board 

4. Inviting experts to the meetings of the Board 

5. Meetings of the Board 

6. Vacancy etc. not to invalidate the acts and proceedings of the Board 

7. Appointment of staff 

8. The Commissioner 

9. Functions of the Board 

10. Prison development fund 

11. Power of the Board to borrow 

12. Grants, advances and loans from Government 

13. Delegation of Powers 

14. Budget and Annual Report 

15. Accounts and Audit 

16. Vesting of Prison lands and building in the Board 

17. Acquisition of Land 

18. Disposal of land, buildings etc., by the Board 

19. Power to make rules 

20. Certain persons to be public Servants 

21. Protection of action taken under this Act 

22. General administrative control by the Government 

23. Overriding effects 

24. Winding of the Karnataka Discharged Prisoners Aid Society or any other 

society 

25. Power to amend the Schedule 

26. Power of the Government to give directions 

27. Power to remove difficulty 

 

 

 



STATEMENT OF OBJECTS AND REASONS 

 

     ACT 34 OF 2021.- It is considered necessary to provide for,- 

(1) the constitution of the 'Karnataka Prison Development Board' for 

strengthening of Prisons and Correctional administration particularly 

Correctional interventions, skill improvement,  welfare of Prisoners and 

Prison Staff and expanding Prison industries. 

(2) development of modern Prison industries and to formulate plan for job 

oriented technical programmes including technical oriented programmes in 

different traders or areas, to earn the incentives and for matters connected 

therewith or incidental thereto; 

(3)  suggesting ways and means for improving co-ordination between 

administration and justice, police administration, probation, after care and 

prison administration; 

(4) examination of the present set up of prison industries and formulate a plan 
for modernization and to start job oriented programmes including technical 
oriented programmes, keeping in view the needs of prisoners after their 
release; and  

(5) Matters connected there with or incidental thereto. 

Hence the Bill. 

 

[L.A. Bill No. 27 of 2021, File No. Samvyashae 18 Shasana 2021]  

[Entry 4 and 32 of List II of the Seventh Schedule to the Constitution of   India.]  

[Published in Karnataka Gazette Extra-ordinary No. 817 in part-IVA dated: 

07.10.2021]  

 

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



KARNATAKA ACT NO. 34 OF 2021 
 
 

(First Published in the Karnataka Gazette Extra-ordinary on the 7th day of 
October, 2021) 

 

 

 

THE KARNATAKA PRISON DEVELOPMENT BOARD ACT, 2021 

 (Received the assent of the Governor on the 5th day of October, 2021) 
 

 

An Act to provide for the constitution of the 'Karnataka Prison Development 

Board' for strengthening of Prisons and Correctional administration particularly 

Correctional interventions, welfare of Prisoners and Prisons Staff and expanding 

Prison industries, and for matters connected therewith or incidental thereto. 

Whereas, it is expedient to provide for the establishment the Karnataka 

Prison Development Board to examine the living conditions of prisoners and to 

contemplate the appropriate correctional programs which can enable the prisoners 

to re-assimilate in the society, to develop the Prison industries and formulate plan 

for modernization of Prisons and job oriented programmes including  technical 

programs in different areas and trades to earn the incentives and for matters 

connected therewith or incidental thereto. 

Be it enacted by the Karnataka State Legislature in the seventy second year 

of the Republic of India, as follows:- 
 

CHAPTER-I 

PRELIMINARY 
 

1. Short title and commencement.-(1) This Act may be called the 

Karnataka Prison Development Board Act, 2021. 

(2) It shall come into force on such date as the Government may, by 

notification, appoint. 

 

2. Definitions.-In this Act, unless the context otherwise requires,- 

(a) “Board” means the Karnataka  Prison Development Board 

constituted under section 3;  

(b) “Building” includes a house, dormitory, barrack, cell, latrine, 

godown, factory shed, hut, wall or 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) "Commissioner" means commissioner of the Board;  



(e) “competent Authority” means any officer appointed as such by the 

Government having jurisdiction and with due  legal authority to 

deal with a particular matter;  

(f) “Fund” means Prison Development fund of the Board;  

(g) “Government” means the Government of Karnataka;  

(h)  “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;  

(i) ‘Member’ means member of the Board; 

(j) 'Member Secretary' means member secretary of the Board; 

(k) “Notification” means a notification published in the official Gazette 

of Government of Karnataka  and the word “notified” shall be 

construed accordingly;  

(l) “prescribed” means prescribed by rules by the Government; 

(m) “Prison” means any prison or jail or place by whatever name 

called, including all lands and buildings, appurtenant thereto, 

used permanently or temporarily under the general or special 

order of the State Government for the detention of prisoners and 

includes all Central Prison or District Prison or Taluka Prison or 

Revenue Prison or Open Prison or Women Prison or any other 

Prison so notified by the Government from time to time; 

(n) "Schedule" means schedule appended to this Act. 

(o) "Vice-Chairperson" means Vice-Chairperson of the Board. 

 

CHAPTER – II 

ESTABLISHMENT OF THE BOARD 

 

3. Constitution and composition of the Board.- (1) As soon as may be, 

after the commencement of this Act, the Government may, by notification in the 

Official Gazette establish a Board to be called the Karnataka Prison Development 

Board. 

 (2) The Board constituted under sub section(1) shall be a body corporate by 

the name aforesaid having perpetual succession and a common seal, with power, 

subject to the provisions of this Act to acquire, hold and dispose of property, both 

movable and immovable, and to contract and shall by the said name sue and be 

sued. 



(3) The Board shall have its Head Quarters at Bengaluru. 

(4) The Board shall consist of the following members, namely:- 

 

(a) 
Minister in-charge of Prison  

Chairperson 

(b) 
The Additional Chief Secretary, Home Department 

Vice Chairperson 

(c) 
The Additional Chief Secretary, Finance Department or his 

representative not below the rank of Deputy Secretary 

Ex-officio Member 

(d) 
Director General and Inspector General of Police 

Ex-officio Member 

(e) 
The Principal Secretary or Secretary to Government, Home 

Department (P C A S)   

Ex-officio Member 

(f) 
The Commissioner, Industries and Commerce Department  

Ex-officio Member 

(g) 
The Health Commissioner, Health and Family Welfare 

Services Department.  

Ex-officio Member 

(h) 
The Director, Skill Mission, Skill Development 

Ex-officio Member  

(i) 
The Director, Department of Agriculture  

Ex-officio Member 

(j) 
The Director, Department of Horticulture  

Ex-officio Member 

(k) 
The Director, Department Animal Husbandry and 

Veterinary service 

Ex-officio Member 

(l) 
The Director General, Prisons and Correctional Services 

Member- Secretary 

 

4. Inviting experts to the meetings of the Board:The Board may, from 

time to time, invite experts in the fields of Prison Administration, Medicine, 

Architecture, Engineering, Social Work, Sociology, Psychology, psychiatry, 

Industrial Management and any other relevant field to be special invitees to the 

meetings of the Board as it may consider necessary for the efficient performance of 

its functions on such terms and conditions as may be prescribed. 
 

5. Meetings of the Board:- 

(1) The meetings of the Board shall be convened by the MemberSecretary 

with the approval of the Chairperson. 

(2) The Board shall ordinarily meet at such time and place as the 

Chairperson may decide, provided that at-least once in every three 

months; 



(3) The Chairperson may authorize the Vice-Chairperson to preside over 

the meeting of Board in absence; 

(4) The procedure in regard to transaction of business at the meetings 

including the Quorum shall be such as may be prescribed; 

6. Vacancy etc. not to invalidate the acts and proceedings of the 

Board.-No act or proceedings of the Board shall be invalid on the ground merely of 

the existence of the any vacancy in, or defect in the constitution of Board or any 

defect in the appointment of a person acting as the Chairperson or the Vice-

Chairperson or Member; 

7. Appointment of staff.-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 a manner subject to such conditions as may be prescribed. 

provided no post shall be created without prior approval of the Board. 

 8. The Commissioner.-(1) The Government shall appoint Director General of 

Prison as the commissioner of the Board. The commissioner shall be the Chief 

Controlling Authority of the Board in all matters connected with the administration 

of this Act. 

(2) The commissioner shall receive such salary and allowances as 

Government may from time to time determine.  

  9. 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 the prisons and 

ways to improve the same; 

(b) to suggest ways and means for improving co-ordination between the 

Criminal Justice Agencies like police, courts and prison; 

(c) to frame a policy for marketing of prison products; to give preference 

to prison products, while purchasing articles for the office use, by the 

various Government Departments or Organizations;   

(d) to plan, implement, evaluate and co-ordinate various skill 

development programs, vocational training programs, welfare 

programs and other programs of the Central, State Government and 

other Organizations;  

(e) to prepare policy to be laid down and to organize Prison industries on 

business cum commercial basis; to identify and ensure new means of 

revenue generations; 



(f) to improve the skills and competency of the Prison Officers and 

employees and that of the Board as well as to ensure the welfare of 

the Officers and employees of the Department of Prison and 

Correctional Services and Board; 

(g) 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; 

(h) 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;  

(i) to reform and re-assimilate prisoners in the social milieu by giving 

them appropriate correctional treatment; and  

(j) to undertake programmes and scheme 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 help in development of prisons;  

 

(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 ruled made there under. 

 

CHAPTER – III 

FINANCE OF THE BOARD’S, ACCOUNTS AND AUDIT 

10. Prison 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 Central and State 

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 Prisons; 

(d) all fees, charges, bank interests, deposits and profits received by the 

Board from any leasing or commercial activities carried out; 



(e) all moneys received by the Board after disposal of lands, buildings, and 

other properties. (movable or immovable); 

(f) all moneys received by the Board by way of donations from approved 

Non Government Organizations, Registered Charitable Institutions or 

bodies, Corporate Social Responsibility (CSR) funds from the 

companies; 

(g) all money received by the Board by way of profits by running of 

Canteens or Provision Stores or any other commercial business 

activities in the Prison and Prison premises or any other means. 

(h) all money received by the Board from Karnataka discharged Prisoners 

Aid Society: and, 

(i) all moneys received by the board by way of rent or any other source; 

(2) The Fund shall be applied towards meeting the expenses incurred by the 

Board in the administration of this Act, and for such other purpose, as 

may be prescribed. 

(3) The Board may keep such sum of money out of its funds in deposit in any 

of the nationalized banks, and any money in excess of said sum shall be 

invested in such manner as may be prescribed. 

  11. 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. 

12. Grants, advances and loans from Government.-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. Delegation of Powers.-The Board may by resolution delegate any of the 

powers conferred on it by or under this Act to the Commissioner. 

  14. Budget and Annual Report.-(1)The Board shall prepare Budget every 

year in such manner and in such form as may be prescribed, its annual report 

giving a true and fare account of its activities during the previous year and submit 

the said report to the Government. 

(2) 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. Accounts and Audit.-(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 financial year of the Board shall be same as the financial year followed 

by the State Government. 

 (3) The accounts of the Board shall be subject to the annual audit by the 

Accountant General Office, after the close of each financial year and any 

expenditure incurred in connection with such audit shall be payable by the 

Board. 

(4) Audit report along with compliance thereupon shall be forwarded annually 

to the Government,Which shall be laid before each house of  the State 

Legislative. 
  

CHAPTER – IV 

ACQUISITION, MAINTENANCE AND DISPOSAL OF LANDS AND BUILDINGS 

 

   16. Vesting of Prison lands and building in the Board.-On and from the 

date of commencement of this Act, all land and building appurtenant thereto in the 

charge or possession or use of the Prisons and Correctional Service Department of 

the Government of Karnataka other than specified in the schedule shall vest in the 

Board and be subject to its control. 

17. Acquisition of Land.-(1) If, in the opinion of the Board, any land is 

required to be acquired for any activities of the Board, the Board may request the 

Government or competent authority to acquire such land under the provisions of  

the Right to fair compensation and Transparency in Land Acquisition, 

Rehabilitation and Resettlement Act, 2013 (Central Act No.30 of 2013). 

(2) Where in the opinion of the Board, there is suitable land belonging to a 

Government of Karnataka or a Private individual, it may acquire said land by way 

of payment of market value, as fixed by the concerned Deputy Commissioner or 

competent authority. 

(3) The Board may, in case of disagreement with the recommendations of the 

Deputy Commissioner or Competent authority under sub-sections (2), refer the 

same, along with its views, to the Government, whose decision shall be final.  

18. 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.  

 

Provided that Board shall not dispose off immovable property under 

clause (a) and (b) without prior approval of the Government. 

 

(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 “Prison Development Fund” 

 

CHAPTER – V 

MISCELLANEOUS   
 

  19. Power to make rules.-(1) The Government may, by notification and after 

previous publication make rules for carrying out all, or any of the purposes of this 

Act. 

 (2) Government shall make rules within six months of notification of this 

Act. 

 (3) In particular, and without prejudice to the generality of the foregoing 

power, such rules may provide for all or any of the following matters, namely:-  

(i) regarding the terms and conditions of inviting experts, under section 

4;  

(ii) regarding the quorum and procedure of the meeting, under sub-

section (iv) of section 5; 

(iii) regarding method of recruitment and condition of service of officers 

and employees of the Board, under section 7; 

(iv) regarding the purposes for which the Prison Development Fund shall 

be used, under sub-section (2) of section 10; 

(v) the manner of investing the excess money, under sub-section (3) of 

section 10; 

(vi) regarding conditions of borrowing any sum required by the Board for 

the purposes of this Act, under section 11; 

(vii) the manner and form of Budget, under sub-section (1) of section 14; 



(viii) the form and manner of Annul Statement of accounts of the Board, 

under sub-section (1) of section 15; and  

(ix) to make rules, to carry out the purposes of the Act. 
 

(4) Every rule made by the Government under this Act shall be laid as soon 

as may be after it is made, before each House of the State Legislature, while it is in 

session for a total period of thirty days which may be comprised in one session or 

in two or more successive sessions, and it, before the expiry of the session 

immediately following the session or the successive sessions aforesaid, both Houses 

agree in making any modification in the rule or both Houses agree that the rule 

should not be made the rule shall thereafter have effect only in such modified form 

or be of no effect, 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. 

   20. Certain persons to be public Servants.-All members, officers and 

employees of the Board while 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 (Central Act No.45 of 1860)and the Prevention of Corruption Act, 1988. 

(Central Act 49 of 1988) 

  21. Protection of action taken under this Act.-No suit, prosecution or 

other legal proceeding shall lie against any person for anything which is in good 

faith done or purported to be done under this Act.  

  22. General administrative control by the Government.-(1) The 

Government shall have general administrative control and supervision over all the 

activities and affairs of the Board.   

   23.Overriding effects.-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 programmers for prisoners and prison 

staff, and other related activities as mentioned in this Act. 

   24. Winding of the Karnataka Discharged Prisoners Aid Society or any 

other society.-The society running in the name of 'Karnataka discharged Prisoners 

Aid Society' or any other such societies running in any Prison in the State Shall be 

wound up by the due process of law, and the activities undertaken by the said 

society and all assests and liabilities of the society shall be subsumed in the Board. 

25. Power to amend the Schedule.-(1) The Government may by notification 

insert, amend or omit any of the entries of the schedule.  



 (2) Every notification issued under sub-section (1) shall be laid before both 

house of the legislature.  

   26. Power of the Government to give directions.-The Government may 

give such directions to the Board as in its opinion are necessary or expedient for 

carrying out the purpose of this Act  and it shall be the duty of the Board, to 

comply with such directions after bringing to the notice of the Chairman. 

 27. Power to remove difficulty.-(1) If any difficulty arises in giving effect to 

the provisions of this Act, the Government may by notification, make such 

provisions not inconsistent with the provisions of this Act as appear to it to be 

necessary or expedient for removing the difficulty.  

 Provided that, no such notification shall be issued after the expiry of two 

years from the date of commencement of this Act. 

 (2) All orders made under this section, shall as soon as may be after it is 

made, be laid before both houses of the State legislature.  

SCHEDULE 

(see sec 2(n) and Section 25)  
 
The properties which do not vest in the Board are,- 
 

(i) any place for the confinement of prisoners who are exclusively in 

the custody of the police; 

 
(ii) any place specially appointed by the Government under the Code 

of Criminal Procedure; 

 

The above translation of ಕರ್ನಾಟಕ ಬಂದೀಖಾನೆ ಅಭಿವೃದಿ  ಮಂಡಳಿ 

ಅಧಿನಿಯಮ, 2021 (2021ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖೆ್ಯ : 34) be published in the 

official Gazette under clause (3) of Article 348 of the  constitution of India. 
 

THAAWARCHAND GEHLOT 

GOVERNOR OF KARANATAKA 

 
 

By Order and in the name of 

the Governor of Karnataka, 

 

 

 

G.SRIDHAR 

Secretary to Government 

Department of Parliamentary 
Affairs and Legislation