sv060907
PROPOSED AMENDMENT
CORRECTIONAL SERVICES AMENDMENT BILL
[B32 -2007]
LONG TITLE
1. On
page 2 in the long title after "to authorise the", to omit
"Minister of Correctional Services" and to substitute "National
Council".
CLAUSE 1
1. On
page 2, in line 11, after right to insert and.
2. On
page 2, in line 11, after Act to insert ,
3. On
page 3, from line 1 to omit care
refers to the provision of services aimed at fulfilling the basic needs of inmates in order to develop, maintain and enhance
the well being of persons under the
authority of the department.
and to substitute:
care means the provision of services and programmes aimed at
enhancing and maintaining the social, mental, spiritual, health and physical
well being of inmates;.
4. On
page 3, after line 6, to insert the following:
" 'correction' means provision
of services and programmes aimed at correcting the offending behavior of
sentenced offenders in order to rehabilitate them;"
5.
On page 3, in line 18, to omit
"correctional medical officer" and to substitute "correctional
medical practitioner".
6.
On page 3, after line 20, to insert the
following paragraph:
(g) by the insertion after the definition of
"Department" of the following definition:
development
means the provision of services and programmes aimed at developing and
enhancing competencies and skills that will enable the sentenced offender to
re-integrate into the community;.
7. On
page 3, from line 23, to omit disability means a physical or mental
condition which prevents [a prisoner] an inmate from operating in
an environment developed for persons without such an impairment, and includes
and
to substitute:
'disability'
means a physical [or] ,mental
[condition], intellectual or
sensory impairments which prevents a [prisoner]
person having such an impairment from operating in an environment
developed for persons without such an impairment and includes .
8. On
page 3, from line 41, to omit paragraph (k).
9. On
page 3, from line 55, to omit paragraph (p).
10. On
page 4, after line 7, to insert the following:
(v) by the substitution for the definition
of sentenced prisoners of the following definition:
'sentenced offenders' means a
convicted person sentenced to incarceration or correctional supervision;.
11. On
page 4, in line 13, after "incarceration", to insert "or
correctional supervision".
CLAUSE 2
1. On
page 4, in line 17, to omit "ensuing" and to substitute "ensuring".
2. On
page 4, in line 20, to omit "offenders and persons subject to
community corrections" and to substitute "sentenced offenders [and persons subject to community
corrections]".
CLAUSE 7
1. On
page 4, in line 47, to omit "[Sentenced
prisoners] Offenders" and to substitute "Sentenced [prisoners] offenders".
2. On
page 4, in line 48, to omit unsentenced [prisoners] offenders or
awaiting trial detainees and to substitute [unsentenced prisoners] persons awaiting trial or
sentence.
3. On
page 5, in line 9, to omit "offenders" and to substitute
"each other".
4. On
page 5, in line 9, after the, to insert National.
CLAUSE 13
1. On
page 5, in line 37, after "(7)" to insert "(a)".
2. On
page 5, in line 37, after The to insert National.
3. On
page 5, in line 39, to omit "inmates" and to substitute "sentenced
offenders".
4. On
page 5, in line 40, to omit " ; and".
5. On
page 5, after line 40, to insert the following:
"(b) Organisations and denominations referred
to in paragraph (a) must be registered with the Department and members thereof
maybe screened by the National Commissioner before they can be allowed to
interact with sentenced offenders.; and.
CLAUSE 17
1. On
page 6, from line 39, to omit "Awaiting trial detainees or unsentenced
offenders" and to substitute "Persons awaiting trial or
sentence".
CLAUSE 20
1. On
page 7, in line 3, to omit "by the substitution for subsections (1) and
(3), respectively of the following subsections: and to substitute "".
2. On
page 7, after line 4, to insert the following:
"(a) by the substitution for subsection (1) of
the following subsection:".
3. On
page 7, in line 7, after "age", to insert "or until such time
that the child can be appropriately placed taking into consideration the best
interest of the child".
4. On
page 7, after line 7, to insert the following:
(b) by the insertion after subsection (1) of
the following subsection:
"(1A) Upon admission of such a female inmate
the Department must immediately, in conjunction with the Department of Social
Development, take the necessary steps to facilitate the process for the proper
placement of such a child.".
5. On
page 7, after line 7, to insert the following:
"(c) by the substitution for subsection (3) of
the following subsection:"
6. On
page 7, in line 8, before (3) to insert .
CLAUSE 24
1. On
page 7, in line 31, to omit paragraph (c).
2. On
page 7, from line 34, to omit:
"(d) [in
the case of serious or repeated infringements, solitary confinement] detention
in a single cell for a period not exceeding 30 days.".
and to substitute:
"(d) in the case of serious or repeated
infringements, segregation in order to undergo specific programmes aimed at
correcting his or her behaviour, with a loss of gratuity and restriction of
amenities as contemplated in paragraphs (b) and (c)..
2. On
page 7, in line 42, to omit "; and" and to substitute "." .
3. On
page 7, from line 43, to omit paragraph (f).
CLAUSE 25
1. Clause
rejected.
NEW CLAUSE
1. That
the following be a new clause:
"Repeal of section 25 of Act 111 of 1998
25. Section 25 of the principal Act is
hereby repealed..
CLAUSE 27
1. On
page 8, in line 35, to omit "officer" and to substitute "[officer] practitioner".
CLAUSE 30
1. On
page 9, from line 4, to omit paragraph (a) and to substitute the following:
(a) by the substitution in subsection (1) for
paragraph (b) of the following paragraph:
(b) to give effect to the penalty of the
restriction of the amenities imposed in terms of section 24(3)(c) [or], 5(c) or 5(d) to the extent
necessary to achieve this objective;".
CLAUSE 31
1.
On page 9, from line 19, to omit
"[a prisoner is in solitary
confinement or in segregation] an inmate is detained in a single cell"
and to substitute [a prisoner is in
solitary confinement or in segregation] an inmate is in segregation..
2.
On page 9, in line 27, to omit Inspector-General
for Correctional Services and substitute Inspecting Judge.
CLAUSE 32
1. On
page 9, from line 33, to omit "by the substitution for subsections (1) and
(5), respectively, of the following subsections: and to substitute
"".
2. On page
9, after line 34, to insert the following:
"(a) by the substitution for subsection (1) of
the following subsection:"
3. On
page 9, in line 37, after use, to insert minimum
4. On
page 9, in line 46, after "." to insert " " ".
5. On
page 9, after line 46, to insert the following:
"(b) by the substitution for subsection (5) of
the following subsection:"
6. On
page 9, in line 47, before "(5)" to insert " " ".
7. On
page 9, in line 49, to omit officer and substitute [officer] practitioner.
8. On
page 9, after line 49, to insert the following:
(c) by the addition after subsection (5) of
the following subsection:
(6) All instances of use of force in terms
of subsections (2) and (3) must be reported to the Inspecting Judge,
immediately.".
CLAUSE 35
1. On
page 10, in line 30, after "correctional", to insert "sentence".
CLAUSE 36
1.
On page 10, from line 40, to omit [a
sentenced prisoner] an
and to substitute a sentenced [prisoner].
2.
On page 10, in line 41, after [prisoner]
, to insert sentenced.
3. On
page 10, in line 46, to omit inmates.
4. On
page 10, in line 46, after future, to insert of persons sentenced to
incarceration of more than 24 months.
5. On
page 10, in line 51, after the, to insert sentenced.
6. On
page 10, in line 54, after the, to insert sentenced.
7.
On page 10, in line 56, after the,
to insert sentenced.
8.
On page 11, in line 2, after the,
to insert sentenced
CLAUSE 37
1.
On page
11, in line 12, to omit an and substitute a sentenced.
2.
On page
11, in line 14, to omit an and substitute a sentenced.
CLAUSE 38
1.
On page 11, in line 18, to omit [sentenced prisoners] and substitute
sentenced [prisoners]
2.
On page 11, in line 20, after [prisoners], to insert sentenced
3.
On page 11, in line 23, to omit
"market-related".
4.
On page 11, in line 25, to omit [A sentenced prisoner] An and
to substitute A sentenced [prisoner]
5.
On page 11, in line 27, to omit [A sentenced prisoner] An and
to substitute A sentenced [prisoner].
6.
On page 11, in line 30, to omit an
and to substitute a sentenced
7.
On page 11, in line 32, to omit an
and to substitute a sentenced
8.
On page 11, in line 37, to omit [sentenced prisoners], and to
substitute, sentenced [prisoners]
9.
On page 11, in line 38, after [prisoners], to insert sentenced
10.
On page 11, in line 43, to omit An
and to substitute A sentenced
11.
On page 11, in line 45, to omit an
and to substitute a sentenced.
CLAUSE 39
1. On
page 12, from line 6, to omit "[sentenced
prisoners], and to substitute sentenced [prisoners].
2. On
page 12, in line 8, to omit [sentenced
prisoners] Offenders", and to substitute "Sentenced [prisoners] offenders".
3. On
page 12, in line 9, to omit may and substitute must.
4. On
page 12, in line 13, to omit "[sentenced
prisoners], and to substitute sentenced [prisoners].
5. On
page 12, from line 16, to omit [sentenced
prisoners], and substitute sentenced [prisoners].
6. On
page 12, in line 18, to omit [Sentenced
prisoners] Offenders" and substitute "Sentenced [prisoners] offenders".
7. On
page 12, in line 21, to omit [Sentenced
prisoners] Offenders and substitute "Sentenced [prisoners] offenders".
CLAUSE 40
1.
On page 12, in line 37, after [prisoners], to insert sentenced.
2.
On page 12, in line 38, to omit
38(2), and substitute 38[(2] (1A).
3.
On page 12, in line 39, after [prisoner], to insert sentenced
4.
On page 12, in line 40, after [prisoners], to insert sentenced.
5.
On page 12, in line 43, to omit an,
and to substitute a sentenced
6.
On page 12, in line 47, to omit [sentenced prisoner], and to
substitute sentenced [prisoner]".
7.
On page 12, in line 52, after [prisoner], to insert sentenced.
8.
On page 12, in line 54, after [prisoner], to insert sentenced.
9.
On page 13, in line 3, to omit an
and to substitute a sentenced.
10.
On page 13, in line 5, after [prisoner], to insert sentenced.
11.
On page 13, in line 8, after [prisoner], to insert sentenced.
12.
On page 13, in line 10, after [prisoner], to insert sentenced.
13.
On page 13, in line 12, to omit prisoner,
and to substitute [prisoner] sentenced
offender.
14.
On page 13, in line 15, after [prisoners], to insert sentenced.
15.
On page 13, in line 19, after [prisoner], to insert sentenced.
16.
On page 13, in line 25, after [prisoner], to insert sentenced.
17.
On page 13, in line 27, to omit
"An" and to substitute "A sentenced".
CLAUSE 41
1. On
page 13, in line 36, to omit "[A
sentenced prisoner] An, and to substitute "A sentenced [prisoner] ".
2. On
page 13, in line 40, to omit "an" and to substitute "a
sentenced".
3. On
page 13, in line 41, to omit "An" and to substitute "A
sentenced".
4. On
page 13, in line 42, to omit "officer" and to substitute "[officer] practitioner".
5. On
page 13, in line 42, to omit "an" and to substitute "a
sentenced".
6. On
page 13, in line 43, to omit "correctional".
7. On
page 13, in line 44, after "[prisoner]",
to insert "sentenced".
8. On
page 13, in line 45, to omit "officer, and to substitute "[officer] practitioner".
CLAUSE 42
1. On
page 13, from line 52, to omit [a
sentenced prisoner] an and to substitute, a sentenced [prisoner].
2. On
page 13, in line 55, to omit offender
and to substitute sentenced offender.
CLAUSE 43
1. On
page 14, in line 4, to omit [A
sentenced prisoner] An and substitute A sentenced [prisoner].
2. On
page 14, in line 7, to omit an, and substitute a sentenced.
3. On
page 14, in line, 10 to omit [sentenced prisoners] and substitute sentenced
[prisoners].
4. On
page 14, in line 12, to omit officer and substitute [officer] practitioner.
5.
On page 14, in line 13, to omit an
and substitute a sentenced.
CLAUSE 44
1. On
page 14, in line 20, to omit No unsentenced [prisoner] offender or awaiting trial detainee, and to substitute
No [unsentenced prisoner] person who is awaiting
trial or sentence.
2.
On page 14, in line 22, to omit unsentenced
offenders or awaiting trial detainees, and to substitute persons.
3.
On page 14, from line 24, to omit unsentenced
offender or awaiting trial detainee, and to substitute he or she.
CLAUSE 45
1. On
page 14, in line 31, to omit inmates and substitute sentenced
offenders.
2. On
page 14, from line 39, to omit or when they no longer pose a threat to
society or the law.
CLAUSE
46
1. On page 14, in line 46, after [prisoners],
to insert sentenced.
CLAUSE 47
1. On page 15, in line 5, to omit [a court] the Minister and
substitute a court.
2. On
page 15, from line 10, to omit paragraph (b).
5. On
page 15, in line 17, to omit person concerned, and to substitute sentenced
offenders.
6.
On page 15, from line 21, to omit
paragraph (e).
7.
On page 15, from line 27, to omit:
(k)
refrains from [using or] abusing alcohol or using illegal drugs
and to substitute:
(k) refrains from using [or abusing] alcohol or illegal drugs.
8.
On page 16, in line 28, to omit
and.
9.
On
page 16, after line 28, to insert the following:
(g) by the substitution in subsection (1) for
paragraph (q) of the following paragraph:
(q) in the case of a child, is subject to the
additional conditions as contained in section 69[.] ;or.
CLAUSE 48
1. On
page 15, line 33, to omit offender and to substitute sentenced
offender,
CLAUSE 49
1. On
page 15, line 40, to omit offender and to substitute inmate.
CLAUSE 50
1. Clause
rejected.
CLAUSE 52
1.
On page 16, in line 3, to omit [Use,
or abuse] Abuse of alcohol or use of illegal drugs, and to
substitute Use [or abuse] of alcohol or illegal drugs.
2.
On page 16, from line 4, to omit [used
or] abused alcohol or used
illegal and to substitute used [or abused] alcohol or illegal
CLAUSE 53
1. On
page 16, in line 13, after The, to insert National.
CLAUSE 54
2. On
page 16, from line 19, to omit [,Correctional Supervision and Parole Board] and to substitute Correctional
Supervision and Parole Board..
CLAUSE 56
1. On
page 16, in line 46, to omit the an and substitute with a
sentenced.
2. On
page 16, in line 48, to omit an and substitute a sentenced.
3. On
page 16, in line 51, after [prisoner],
to insert sentenced.
5. On
page 16, in line 52, to omit officer, and to substitute [officer] practitioner.
6. On
page 17 in line 3, to omit officer, and to substitute [officer] practitioner.
7. On
page 17 in line 4, to omit [A sentenced
prisoner] An, and to substitute A sentenced [prisoner] .
8. On
page 17 in line 9, to omit an and to substitute a sentenced.
9. On
page 17 in line 15, to omit An and to substitute A sentenced.
10. On page 17 in line 19, to omit an
and to substitute a sentenced.
11. On page 17 in line 26, to omit an
and to substitute a sentenced.
12. On page 17, in line 28, after [prisoner], to insert sentenced.
13. On
page 17, from line 32, to omit Minister, in consultation with the National
Council and, and to substitute National Council.
14. On
page 17, in line 34, after 73A to insert and after having been
ratified by the Minister..
15. On
page 17, from line 41, to omit Minister, in consultation with the National
Council and, and to substitute National Council.
16. On
page 17, in line 43, after 73A, to insert and after having been
ratified by the Minister..
17. On
page 17, from line 54, to omit Minister, in consultation with the National
Council and, and to substitute National Council..
18. On
page 17, in line 56, after 73A, to insert and after having been
ratified by the Minister..
19. On
page 18, from line 1, to omit Minister in consultation with the National
Council and, and to substitute National Council..
20. On
page 18, in line 3, after 73A, to insert and after having been
ratified by the Minister..
21. On page 18, from line 7, to omit Minister in
consultation with the National Council and, and to substitute National
Council..
22. On
page 18, in line 9, after 73A, to insert and after having been
ratified by the Minister..
23. On
page 18, from line 12, to omit Minister in consultation with the National
Council and, and to substitute National Council.
24. On
page 18, in line 14, after 73A, to insert and after having been
ratified by the Minister..
25. On page 18, from line 23, to omit Minister in
consultation with the National Council and, and to substitute National
Council.
26. On
page 18, in line 25, after 73A, to insert and after having been
ratified by the Minister..
27. On
page 18, from line 36, to omit Minister in consultation with the National
Council and, and to substitute National Council.
28. On
page 18, in line 38, after 73A, to insert and after having been
ratified by the Minister..
29. On
page 18, from line 40, to omit , unless [the court has directed
otherwise], and to substitute [, unless the court has directed
otherwise].
30. On
page 18, in line 41, to omit such sentence, and to substitute : Provided
that the sentence contemplated in subparagraph (i).
CLAUSE 57
1. On
page 18, from line 47, to omit The Minister must, in consultation with the
National Council, by notice in the Gazette, and to substitute The
National Council must, in the manner prescribed by the regulations made in
terms of section 134(1)(kkI), and in consultation with the National
Commissioner.
2. On
page 18, in line 51, after framework, to insert and after having been
ratified by the Minister.
3. On
page 18, in line 55, after all to insert sentenced.
4. On
page 18, in line 58, to omit an, and to substitute a sentenced
before offender.
CLAUSE 59
1. On
page 19, in line 26, after [offender],
to insert sentenced.
2. On
page 19, in line 32, after [offender],
to insert sentenced.
3. On
page 19, in line 36, after [offender],
to insert sentenced.
4. On
page 19, in line 49, after any, to insert sentenced.
5. On
page 19 in line 56, to omit an, and substitute a sentenced.
6. On
page 20, from line 3, to omit Inspector General for Correctional Services,
and to substitute Inspecting Judge.
7. On
page 20, in line 8 to omit offender
and to substitute sentenced offender.
CLAUSE 61
1. On
page 20, from line 19, to omit Inspector General for Correctional Services
,and to substitute Inspecting Judge.
2. On
page 20, in line 20 to omit inmate, and to substitute sentenced
offender.
CLAUSE 62
1. On
page 20, in line 30, to omit an offender, and to substitute a person.
2. On
page 20, in line 36, after [prisoner], to
insert sentenced.
CLAUSE 63
1. On
page 21, from line 7, to omit and is considered by the Correctional
Supervision and Parole Board or, in the case of person serving life sentence,
by the Minister, as not being capable of committing a crime in future.
CLAUSE 64
1. On page 21, in line 17, to omit an,
and to substitute a sentenced.
2. On page 21, in line 18, to omit an,
and to substitute a sentenced.
3. On page 21, in line 22, after [prisoner], to insert sentenced.
CLAUSE 65
1.
On page 21, in line 31, after [prisoner],
to insert sentenced.
2.
On page 21, in line 31, after [prisoners],
to insert sentenced.
3.
On page 21, in line 35, after [prisoners],
to insert sentenced.
CLAUSE
66
1.
On page 21, in line 41, to omit [sentenced
prisoner], and to substitute sentenced [prisoner].
2.
On page 21, in line 43, after [prisoner]
to insert sentenced.
3.
On page 21, in line 44, to omit an
offender, and to substitute a person.
4.
On page 21, in line 45, after, to omit
an and to substitute a sentenced.
CLAUSE
68
1.
On page 22, from line 8, to omit [JUDICIAL
INSPECTORATE] OFFICE OF THE INSPECTOR-GENERAL, and to
substitute JUDICIAL INSPECTORATE.
CLAUSE
69
1.
On page 22, from line 12, to omit [Judicial
Inspectorate] Office of the Inspector-General and to
substitute Judicial Inspectorate.
2.
On page 22, from line 14, to omit [Judicial
Inspectorate of prisons] Office of the Inspector-General, and to
substitute Judicial Inspectorate [of prisons].
3.
On page 22, from line 16, to omit [Inspecting
Judge] Inspector-General for Correctional Services, and to
substitute Inspecting Judge.
4.
On page 22, from line 18 to omit [Judicial
Inspectorate] Office of the Inspector-General and to substitute
Judicial Inspectorate.
5.
On page 22, from line 20 to omit [Inspecting
Judge] Inspector-General for Correctional Services and to
substitute Inspecting Judge.
CLAUSE
70
1.
Clause rejected.
CLAUSE 72
1. Clause
rejected.
NEW CLAUSE
1.
That the following be the new
clause:
Insertion of
section 88A in Act 111 of 1998
73. The
following section is hereby inserted in the principal Act after section 88:
"Appointment
of the Chief Executive Officer
88A. (1) The National Commissioner must, in
consultation with the Inspecting Judge and the Director-General of the
Department of Public Service and Administration, appoint a suitably qualified
and experienced person as Chief Executive Officer, who
(a) is
responsible for all administrative, financial and clerical functions of the Judicial
Inspectorate;
(b) is
accountable to the National Commissioner of the Department for all the monies
received by the Judicial Inspectorate; and
(c) is
under control and authority of the Inspecting Judge.
(2) The conditions of service, including salary
and allowances of the Chief Executive Officer are regulated by the Public
Service Act.
(3) Any matters relating to the work
performance of the Chief Executive Officer must be referred to the National
Commissioner by the Inspecting Judge.
CLAUSE 73
1. Clause rejected.
NEW
CLAUSE
1.
That the following be the new
clause:
Substitution of section 89 of Act 111 of 1998,
as amended by section 32 of Act 32 of 2001
74. The
following section is hereby substituted for section 89 of the principal Act:
"Appointment
of staff and Assistants
89. (1) The Chief Executive Officer must appoint staff as may be
necessary to enable the Judicial Inspectorate for Correctional Services to
perform its functions in terms of this Act.
(2) The conditions of service including
salaries and allowances of such staff are regulated in terms of the Public
Service Act.
(3) (a) The Chief Executive Officer must appoint one or more
persons with legal, medical, penological or any other expertise as
assistants and as may be required by the
Inspecting Judge from time to time, to assist the Inspecting Judge with any
specialised aspect of inspection or investigation.
(b) Such
persons must be appointed for a fixed period or until the completion of a
specific task.
(c) The remuneration of such persons must
be determined in accordance with the Public Service Act.
(d) Such persons must perform such
functions as authorised and directed by the Inspecting Judge..
CLAUSE 74
1.
Clause rejected.
CLAUSE 75
1.
On page 23, in line 37, after (1)
to omit The [Inspecting Judge], and to substitute, At the request
of and in consultation with [The] the Inspecting Judge, the.
2.
On page 23, in line 43, to omit after
and to substitute in.
CLAUSE 76
1.
On page 24, in line 6, to omit offenders,
and to substitute inmates.
CLAUSE 79
1. On
page 25, from line 17, to omit Inspector-General for Correctional Services
and to substitute for Inspecting Judge
CLAUSE
81
1. On
page 25, in line 45, to omit persons, and to substitute [persons] sentenced
offenders.
CLAUSE 84
1. On
page 26, in line 36, to omit offender
or offenders, and to substitute sentenced
offender or sentenced offenders.
CLAUSE 85
1.
On page 26, in line 39, to omit offender or offenders, and to
substitute sentenced offender or sentenced
offenders.
CLAUSE 94
1. On
page 27, in line 31, after prescribed, to insert sentenced.
CLAUSE 95
1. On
page 27, in line 40, after [prisoner], to insert sentenced.
CLAUSE 96
1. On
page 28, in line 7, after [prisoners], to insert sentenced.
2.
On page 28, in line 32, to omit offender, and to substitute sentenced offender.
3.
On page 28, after line 39, to insert
the following:
(n) by
the insertion after paragraph (kkH) of the following paragraph:
(kkI) the minimum periods for which sentenced
offenders must be incarcerated before being considered for placement under
community corrections, as contemplated in section 73A: Provided that the
Minister must submit these regulations and any subsequent amendments thereto to
Parliament for approval..
CLAUSE 98
1.
On page 29, in line 17, to omit
correctional medical officer, and to substitute correctional medical practitioner.
2.
On page 29, in line 21, to omit
offender, and to substitute sentenced offender.
3.
On page 29, in line 22, to omit offenders,
and to substitute sentenced offenders.
NEW
CLAUSE
1. That the following be the new clause
On
page 28, after line 56, to insert the following:
Transitional
provision
98. The amendments effected
by the Correctional Services Amendment Act, 2007, must with the necessary
changes in context apply to all life sentences imposed since 1 October 2004. .
CLAUSE 99
1. On
page 29, in line 24, after Short title, to insert and commencement.
2. On
page 29, in line 25, to omit 97 and to substitute 99(1).
3. On
page 29, in line 25, after 2007, to insert and comes into operation on a
date fixed by the President by proclamation in the Gazette.
4. On
page 29, after line 25, to insert the following:
(2) Different
dates may be fixed under subsection (1) in respect of different provisions of
this Act.
(3) Commencement
date for sections 73 and 73A must be fixed after the regulations contemplated
in section 134 (1) (kkI) have been made and published in the gazette..