The Punjab Compulsory Service Act, 1961

1961 : m;.Act 51 THE PUNJAB ngpULsoxv 85 SERVICE ‘THE PUNJAB COMPULSORY SERVICE ACT, 1961, (PUNJAB Act No. 5 or 1961), [Received the assent of the President of India on the 2nd February, 1961, and first published for general information in the Punjab Government Gazette (Extraordinary), Legislative Supplement, of 9th February, 1961.] 1 2 3 4 No. Short title Whether repealed or otherwise affected by legislation 191} 5 Service Act, 1961 The Punjab Cammlsory Almggfled by Punjab Act. 25 of 9642 Amended by the Punjab Reorganisa- « tion (Chandigarh) (Adaptation of Laws on State and Concuarrent Subjects) Order, 1968. AN Acr to authorise the imposition of compulsory service for a public purpose. BE it enacted by the Legislature of the State of Punjab in the Twelfth Year of the Republic of India as follows :— , 1. () ThlS'Act may be called the Punjab Com- pulsory Service Act, 1961, ~ (2) It extends to the whole of the ’[Umon Terri- tory of Chandigarh]. 1For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, Page 686. 2For Statement of Objects and Reasons, see Punjab Govermnent Gazette (Extraordinary), 1964, pages 935—37. Substituted for the words “State of Punjab” by the PunJab Reorganisation (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, and extent. Definitions. 86 THE PUNJAB COMPULSORY [1961 : Pb. Act 5 . SERVICE 2. In this Act, unless the -context otherwise requires,— (a) “District Magistrate” means the District Magistrate of the district in which a notified area is situated ; (b) “compulsory service” means any service in the form of manual or skilled labour re- quired by the Development Officer of the notified area concerned to be performed by a person for a public purpose ; } (c) “Development Officer” means the Block Development Officer of the notified area concerned, and includes any other officer appointed by the '[Central Government] by notification for performing the functions assigned to a Development Officer under this Act; (d) “notified area” means an area 'declared under section 3; (e) “person” means a person of not lesg than sixteen and not more than sixty years in age who ordinarily resides in the notified area, but does not include— () a woman; and 5 (i1) a person suffering from any physical or mental disability which, in the opinion of the Development Officer, makes him unfit for rendering compulsory service; (f) “prescribed” means prescribed by rules made under this Act ; (9) “public purpose” means a purpose for exe- cuting works connected with the develop- ment of drainage or the prevention or clearance of water logging. 1Substituted for the words “State Government” ibid. 1961 Pb. Act 51 THE punsaB COMPULSORY 87 ; ; SERVICE 3. (1) Whenever it appears to the District Magis- Power to tion under section 3, the District Magistrate may, by ?gfirfing (2) A General Order issued under sub-section () shall contain the following particulars, namely :— (i) the public purpose for which compulsory service is required to be rendered ; 5 (i1) the nature of the works ; (iii) the place or locality at which the works are to be executed and compulsory service is to be rendereq ; (iv) approximate aggregate period- for which the ~_ compulsory service is required ; ‘ » (v) such other particulars as the District Magis- _ trate may deem fit. . (3) A General Order issued under sub-section ¢} shall not remain in force for more than three months Development Officer to determine nature of compulsory service. Penalty for refusing to render. compulsory service. 88 THE PUNJAB COMPULSORY 1961 : Pb. Act 5 SERVICE from the date of its issue unless it is extended by the District Magistrate from time to time for a further period not exceeding three months in the aggregate. 5. Subject to the provisions of section 4, the Development Officer shall, for the purpose of executing the works specified in the General Order, determine in the prescribed manner, the nature of the compul- sory service to be rendered by any person and such person shall render that service in accordance with his directions : Provided that no person shall be required to ren- der compulsory service for more than eight hours a day including an interval of rest which shall not be less than half an hour : : Provided further that no person who ordinarily resides at a distance of more than five miles from the place where his presence is required for rendering compulsory service shall be required to render such service. 6. (1) Any person liable to render compulsory service under this Act who refuses or neglects to ren- der such service or fails to comply with any direction of the Development Officer for rendering such service, shall, on conviction '[* * *], be punishable with fine which may etxend to one hundred rupees. (2) No court inferior to that of a Magistrate of the Second Class shall try an offence under sub-section . . '(3) No court shall take cognizance of an offence under sub-section (1) except upon complaint in writ- ing made by the Development Officer. (4) The Development Officer shall accept from any person against whom a reasonable suspicion exists IThe words “by a Magistrate” Omitted by Punjab Act No. 25 of 1964. 1961 : Ph. Act 5] THE PUNJAB COMPULSORY 89 SERVICE e that he has committed an offence under this section a sum of five rupees per day by way of composition for the offence which such person is suspected to have committed, and on the payment of such sum to such _ officer the person suspected, if in custody, shall be dis- discharged and no further proceedings shall be taken against such person, 7. No civil court shall entertain any suit institut- and :xgr:xinv:ll ed or application made to obtain a decision or order on suits. the liability of any person to render compulsory service and no prosecution, suit or other proceeding shall lie against any officer or servant of the State Government for anything done, or intended to be done, in good faith ~ under this Act or any rules made thereunder. 5 i 8. (1) The *[Central Government] may, by noti- f&"gf’ to make fi;l:atgn, make rules for carrying out the purposes of this Act ’[(2)' * % ] 1Substituted for the words “State Government” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and current Subjects), Order, 1968. 2Sub-section (4) omitted by ibid.