AN
ACT
to
provide for the security of sensitive and other vulnerable establishments and
places in the Province of the Khyber Pakhtunkhwa.
WHEREAS it is expedient to curb the terrorist
activities and to provide for the security of sensitive and other vulnerable
establishments and places in the Province of the Khyber Pakhtunkhwa;
It
is hereby enacted as follows:
1.
Short title, extent, and commencement.---(1) This Act
may be called the Khyber Pakhtunkhwa Sensitive and Vulnerable Establishments
and Places (Security) Act, 2015.
(2)
It shall extend to the whole of the Province of the
Khyber Pakhtunkhwa.
(3)
It shall come into force at once.
2.
Definitions.---In this Act, unless the context
otherwise requires,-
(a)
“Code” means the Code of Criminal Procedure, 1898 (Act
No. V of 1898);
(b)
“Committee” means the Security Advisory Committee
constituted under section
4 of this Act;
(c)
“District Government” means the District Government as
provided in the Khyber Pakhtunkhwa Local Government Act, 2013 (Khyber
Pakhtunkhwa Act No. XXVIII of 2013);
(d)
“Government” means the Government of the Khyber
Pakhtunkhwa;
(e)
“head of the district police” means the Capital City
Police Officer for City District Government or the District Police Officer for
the rest of the districts, as the case may be;
(f)
“prescribed” means prescribed by rules;
(g)
“Province” means the Province of the Khyber
Pakhtunkhwa;
(h)
“rules” means rules made under this Act;
(i)
“security arrangements” means sufficient and
appropriate physical and technical arrangements, which includes provisions of
CCTV cameras, bio-metric system, walkthrough gates, security alarm and modern
gadgetry as required.
(j)
“sensitive establishment and places” means and include
sensitive Government or non-government institutions, offices of
non-governmental organizations, and foreign projects or any other office,
institution, religious places except mosques as government may, from time to
time, declare as sensitive establishment and place;
(k)
“utility service providers” means and include any
person, company, authority, firm, who for the time being is providing the
services of electricity, gas, telephone, water and sanitation, drainage, postal
and other civic services; and
(l)
“vulnerable establishment and places” means and include
hospitals, banks, money changers, financial institutions, firms, companies,
industrial units, educational institutions, public parks, private clinics,
wedding halls, petrol and CNG stations, jewelry shops, hotels (three stars and
above), any amusement or entertainment centers, public transport terminals,
special bazaars, commercial streets, shops or shopping arcades, or any other
place as Government may, from time to time, notify.
3.
Security arrangements by vulnerable establishments and
places.--- (1) Notwithstanding anything
contained in any other law, for the time being in force, on the commencement of
this Act, all vulnerable establishments and places shall make appropriate and
sufficient security arrangements in accordance with the provisions of this
Act.
(2)
The Head of the district police may, from time to time
issue such security guidelines to the heads of vulnerable establishments and
places, as he may deem appropriate.
4.
Constitution of the Committee.---For the purpose of
security of sensitive establishments and places, Home Department of the
Government shall constitute, at each district level, a Committee to be known as
the Security Advisory Committee, comprising the following:
(a)
Assistant Commissioner of the district Chairman
concerned to be nominated by the
Deputy
Commissioner;
(b)
Deputy Superintendent of police of the Member district
concerned to be nominated by
district police officer;
(c)
an officer from Special Branch Police, not Member
below the rank of BPS-17; and
(d)
one technical expert, to be nominated by Member the
Committee.
5.
Functions of the Committee.---(1) Each Committee, at
the district level, shall exercise the following functions:
(a)
to identify and categorize the sensitive establishments
and places;
(b)
to inspect the sensitive establishments and places on
quarterly basis;
(c)
to issue advice in writing to the head, incharge or
management of the sensitive establishment and place for such security
arrangements as they deem appropriate;
(d)
to send its report to the head of the district police
for non-compliance of its advice; and
(e)
to send recommendation to Government through the head
of the district police, for the notification of sensitive establishment or
place.
(2)
On the recommendation of the Committee, Government
shall, notify the sensitive establishments and places and categorize them
according to threat perception.
(3)
The head, incharge or management of the sensitive
establishment or place, as the case may be, shall be responsible to implement
the advice within thirty (30) days after the receipt of such advice.
6.
Security of public places.---(1) For the safety and
security of vulnerable establishments and places, in each District, the utility
service providers shall be responsible to ensure that no unauthorized
intervention has been made to their installations nor any suspicious material
has been planted. For this purpose, they shall detail the inspection team
consisting of such number of members as they may deem appropriate in order to
check the installations on regular basis.
(2)
The District Government shall be responsible for
clearance of roads, streets from debris or construction material, managing
filth depots on daily basis, covering main holes and removing broken water
supply pipes so that no explosive materials could be concealed therein. For
this purpose, they shall detail inspection team consisting of such number of
members as the District Government may deem appropriate in order to check the
security arrangements on regular basis. In case of any suspicious material is
detected, District Government Administration shall inform the civil defence,
police and Special Branch Police immediately in this regard.
7.
Responsibility on the head of the institution.---(1) In
case of Government institutions or offices, the head of each such institution
or office, as the case may be, shall be responsible for implementation of the
advice of the Committee:
Provided that the
Government may delegate the powers to the extent of security to a designated
officer of BPS-17 and above.
(2)
In case of non-governmental organizations, religious
places and any other notified place, the head of such institution, organization
or place shall be responsible for the security arrangements.
(3)
The responsibility of vulnerable establishments or
places, shall be on the owner, lessee or the occupant of such vulnerable
establishment or place, for making security arrangement according to the size
and volume of a vulnerable establishment or place.
8.
Inspection.---The Station House Officer of the
concerned police station may, at any time, inspect any sensitive establishment
and place or vulnerable establishment and place or any other place notified by
Government as sensitive establishment and place or vulnerable establishment and
place for the purposes of this Act.
9.
Warning.---(1) On
the inspection report, received from the Station House Officer of the
concerned police station, for non-compliance of advice, given under clause (c)
of sub-section (1) of section 5, the head of the district police, may issue a
written warning to the person responsible for the notified sensitive
establishment or place.
(2)
The head, incharge, or management of any sensitive
establishment and place, shall within fifteen (15) days, after receiving the
warning from the head of the district police, rectify and implement the advice
of the Committee.
10.
Appeal.---The head, incharge, or management of any
sensitive establishment and place, to whom advice has been given, as per
provision of clause (c) of sub-section (1) of section 5, may prefer an appeal
to the regional police officer within seven (07) days, after receiving of
advice from the Committee. The order of the Appellate Authority, in this
respect, shall be final.
11.
Offences.--- All offences under this Act shall be
cognizable and bailable.
12.
Punishment.---The head, incharge or management of any
sensitive establishment and place or vulnerable establishment and place, as the
case may be, who acts in violation of the provisions of this Act, shall be
punishable for imprisonment, which may extend to one year or a fine, which may
extend to forty thousand (40,000) rupees or with both:
Provided that if the
offence be of a continuous nature, such sensitive establishment or place or
vulnerable establishment or place, as the case may be, shall be kept sealed
till the order is complied with.
13.
Trial of offence.---All offences, under this Act, shall
be tried by the First Class Judicial Magistrate.
14.
Operation of other laws not to be affected.---The
provisions of this Act shall be in addition to, and not in derogation of, any
other law, for the time being in force.
15.
Indemnity.---No suit or other proceedings shall lie
against any person for anything done or intended to be done in good faith under
this Act or rules made thereunder.
16.
Power to make rules.---Government may, on the advice of
Provincial Police Officer, by notification in the official Gazette, make rules
for carrying out the purposes of this Act.
BY ORDER OF MR. SPEAKER
PROVINCIAL ASSEMBLY
OF KHYBER
PAKHTUNKHWA
_____________________________________________________________________
(AMANULLAH)
Secretary
Provincial
Assembly of Khyber Pakhtunkhwa
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