[1]THE PUNJAB PRIVATE SECURITY COMPANIES
(REGULATION AND CONTROL)
ORDINANCE, 2002
( LXIX of 2002)
[19th
October, 2002]
An
Ordinance
to
provide for regulation, licensing and control of private security companies in
the Province of Punjab.
Whereas it is expedient to provide for
regulation, licensing and control of private security companies in the Province
of Punjab and for matters connected therewith and ancillary thereto;
And whereas the Provincial Assembly of
the Punjab is dissolved and the Governor is satisfied that circumstances exist
which render it necessary to take immediate action;
And whereas under Article 4 of the
Provisional Constitution (Amendment) Order No.9 of 1999, as amended by the
Chief Executive Order No.11 of 2000, the Governor of a Province may issue and
promulgate an Ordinance;
Now, therefore, in exercise of the
aforesaid powers and all other powers enabling him in that behalf, the Governor
of the Punjab is pleased to make and promulgate the following Ordinance:-
1.
Short title,
extent and commencement.— (1) This
Ordinance may be called the Punjab Private Security Companies (Regulation and
Control) Ordinance, 2002.
(2)
It extends to the whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.—
In this Ordinance unless there is anything repugnant in the subject or
context–
(a)
“company”
means a company incorporated under the Companies Ordinance, 1984 ( XLVII of
1984);
(b)
“Government”
means the Government of the Punjab;
(c)
“licence” means
a licence granted under this Ordinance for carrying on the business of a
Private Security Company by providing for consideration, security guards or
security arrangements for the protection of persons or property or to prevent
theft or unlawful taking of property;
(d)
“licensee”
means the holder of a licence;
(e)
“Licencing
Authority” means the Government of the Punjab or an officer nominated by
Government to exercise all or any of the powers of the Licencing Authority;
(f)
“prescribed”
means prescribed by rules made under this Ordinance;
(g)
“Private
Security Company” means any company incorporated under the Companies
Ordinance, 1984 (XLVII of 1984),
carrying on, maintaining or engaged in the business of providing for
consideration, security guards or making other arrangements for the security of
other persons and their property and cash-intransit, functioning under a valid
licence issued by the Licencing Authority; and
(h)
“security guard”
includes any watchman or other person engaged by the licensee for the
protection of persons or property or to prevent theft or robbery at the
protected places and who possesses required training as prescribed by the
Licencing Authority under the rules.
3.
Ordinance
not to apply to Civil and Armed Forces, etc.— The provisions of this
Ordinance shall not apply to–
(a)
any member of armed forces, police or any civil armed
force; and
(b)
any inspector, guard, watchman, or other persons
employed by an individual employer for inspection, protection, guarding of his
residence, commercial or business premises or for the protection of persons or
property of such employer who is not engaged in the business of Private
Security Company.
4.
Private
Security Companies’ employees not to wear certain uniform.— No person
employed by the private security company shall wear uniform akin to uniform of
armed forces, police or any civil armed force and shall wear the uniform as may
be prescribed by the Licencing Authority:
Provided that no
other private security guard employed by private organizations or individual
employer shall wear the uniform prescribed for security guards of registered
private security companies.
5.
Prohibition
of maintenance of a company without a licence.— No person shall carry on
the business of a Private Security Company or maintain or provide security
guards or security arrangements for consideration unless he holds a licence for
the purpose issued under this Ordinance.
[2][5-A. Prohibition of cash-in-transit.— No
Private Security Company shall undertake the business of transit of cash or
valuable articles unless a No Objection Certificate has been issued by the
Licensing Authority in this regard.]
6.
Procedure
for grant and renewal of licence, etc.— (1) Whoever desires to engage or to
assist in the business of maintaining a private security company shall make an
application for grant of a licence to the Licencing Authority and shall with
his application furnish such information, attach documents and pay such fee in
the form and manner as may be prescribed.
(2)
On receipt of an application under sub-section (1), the
Licencing Authority may, after such verification and enquiry as it may deem
necessary and subject to such conditions, including furnishing of security, as
may be prescribed, grant or refuse to grant the licence.
(3)
A licence issued under sub-section (2) shall be
non-transferable, valid for a period of three years and shall be renewable on
an application made in the form and on payment of such fee as may be
prescribed.
(4)
A licensee shall furnish annual performance report
before the Licencing Authority on such form and within such period as may be
prescribed.
(5)
The Licencing Authority shall, through a notification
in the official Gazette, prescribe the fee payable for issuance of licence or
renewal thereof.
(6)
A licence shall not be granted if –
(a)
satisfactory evidence has not been produced of the good
moral character of partners and officers of the company holding managerial or
executive positions; or
(b)
satisfactory evidence has not been produced to show
that the applicant is a fit and proper person to hold a licence; or
(c)
the applicant has been convicted of any offence
involving fraud or moral turpitude or if the applicant is a company, any of its
officers holding a managerial or an executive position or, as the case may be,
any of its partners has been convicted of any offence involving fraud or moral
turpitude; or
(d)
it is not in the public interest to do so; or
(e)
the Private Security Company is not registered under
the Companies Ordinance, 1984 ( XLVII of 1984); or
(f)
the Private Security Company has not obtained a No
Objection Certificate from the Ministry of Interior, Government of Pakistan:
Provided that
reasons for refusal to grant a licence shall be recorded in writing and be
communicated to the applicant.
(7)
The Licencing Authority may, at any time, vary or
revoke any of the conditions of a licence or impose any additional condition
thereto.
(8)
The Licencing Authority shall, before taking any action
under sub-section (7), notify to the licensee its intention of the proposed
action and provide him an opportunity to show cause against such action.
7.
Registration
of existing companies.— (1) A company already functioning under a No
Objection Certificate granted by Government shall not continue for more than
three months from the commencement of this Ordinance unless an application for
licence has been made within thirty days of such commencement.
(2)
Where an application as aforesaid has been made in
respect of an existing company and such application is rejected then
notwithstanding the period of three months provided in sub-section (1) the
company may be continued for a period of thirty days from the date on which the
application is rejected or if an appeal is preferred, until such appeal is
dismissed.
8.
Appeal.— Any
person aggrieved by an order of the Licencing Authority made under section 7
may, within thirty days, prefer an
appeal against such order to the officer notified in this behalf by
Government whose decision thereon shall be final.
9.
Exhibition
of licence.— Every licensee shall exhibit his licence or a certified copy
thereof at a conspicuous place at his principal place of business and at every
branch where the licensee carries on the business of Private Security Company.
10.
Penalties.— Any
person who–
(a)
contravenes any of the provisions of this Ordinance or
any rule made thereunder; or
(b)
carries on the business of Private Security Company
without a licence; or
(c)
fails to comply with the conditions of the licence; or
(d)
fails to exhibit the licence or certified copy thereof
at a conspicuous place in the office or place of business of the Private
Security Company; or
(e)
not being the holder of a licence keeps, uses or
exhibits any sign, writing, painting or other mark implying that he holds a
licence to carry on the business of a Private Security Company; or
(f)
being a licensee or an applicant for grant of a licence
knowingly makes a false or incorrect statement or omits to furnish any
particular which he is required to furnish; or
(g)
being a licensee, violates the relevant provisions of
the Companies Ordinance, 1984
( XLVII of 1984),
shall be punishable with imprisonment for a term which may
extend to three years, or with fine which may extend from twenty thousand
rupees to two hundred thousand rupees or with both, and in case of default of
payment of fine, the offender shall be liable to imprisonment which may extend
to one year.
11.
Revocation
of a licence.— (1) The Licencing Authority may, by an order in writing,
revoke a licence –
(a) if it is satisfied that the licensee–
(i)
has ceased to carry on the business for which he has
obtained the licence or a licensee being a company, has applied for
liquidation, winding up of the company or the company has been dissolved; or
(ii)
has obtained the licence by providing false information
in contravention of the provisions of this Ordinance; or
(iii)
is no longer a fit and proper person to continue to
hold a licence; or
(iv)
has been convicted of any offence involving fraud or
moral turpitude or any of the officers of the licensee holding a managerial or
executive position, partner, employee or security guard has been convicted of
any offence involving fraud or moral turpitude; or
(v)
is contravening or has contravened any of the
provisions of this Ordinance or the rules made thereunder; or
(b)
if it is found that the security guards employed by the
company do not posses the prescribed qualifications or training; or
(c)
if the company fails to provide services to its clients
as per agreement signed by it or as per the prescribed procedure; or
(d)
if it is considered necessary to do so in the public
interest.
(2)
The Licencing Authority shall before revoking any
licence under sub-section (1) give the licensee a notice to show cause in
writing specifying a date, not less than thirty days from the date of the
notice, on which the revocation shall take effect unless the licensee satisfies
the Licencing Authority that the licence was not liable to be revoked.
(3)
When the Licencing Authority revokes a licence under
sub-section (1) it shall forthwith inform the licensee, by notice in writing of
such revocation specifying date thereof and the Registrar of Companies
concerned.
(4)
The person whose licence has been revoked may, within
thirty days of the receipt of the notice referred to in sub-section (3), prefer
an appeal to Government whose decision thereon shall be final.
12.
Effect of
revocation of licence, etc.— (1) Where an order of revocation becomes
effective under section 11, the licensee shall cease to carry on the business
of a private security company.
(2)
Notwithstanding the revocation of licence, the
enforcement of right or claim of any person against the licensee or by the
licensee of any right or claim against any person arising out of, or concerning
any matter or thing done prior to the revocation of the licence shall not be
affected.
13.
Employment
of staff by licensee, etc.— (1) The licensee may, in the conduct of his
business, employ as many persons as he may consider necessary to be security
guards and members of staff and shall at all times during such employment be
responsible for the good conduct of each and every person employed by him.
(2)
The licensee shall not employ as a security guard any
person who–
(a)
has been convicted of any offence involving fraud or
moral turpitude or dismissed from Government Service on charges of misconduct;
or
(b)
is, in the opinion of the Licencing Authority, not a
fit and proper person to be employed as security guard.
(3)
Notwithstanding anything contained in sub-section (1),
no person shall be employed by a licensee as a security guard until he has
submitted to the Licencing Authority a statement containing complete particulars
and other information of such person on the prescribed form and the Licencing
Authority has conveyed its no objection in writing to the recruitment of such
security guard by the licensee.
(4)
Every licensee shall maintain a list of all the persons
employed by him with their full particulars and antecedents at the place of his
business.
(5)
Every licensee shall, before deploying the security
guard, get the security guard registered at the local police station of the
area of his deployment.
(6)
Every licensee shall make arrangements for insurance of
every security guard employed by him, with a registered insurance company, in
respect of serious injury sustained amounting to disability or death of
security guard in the discharge of his duties.
14.
Training of
security guards.— The Private Security Company shall make arrangements for
training and refresher courses of the guards employed by it through Elite
Police Force Training School, Lahore or any other institution prescribed by the
Licencing Authority.
15.
Possession
by licensee of arms, ammunition, etc.— (1) A licensee may possess and keep
arms, ammunition and other equipment which may be necessary for performance of
functions of the Private Security Company in accordance with the law and rules
made thereunder for possessing and keeping of arms and ammunition, and shall
use and retain such number of arms, quantity of ammunition and type of
equipment in such manner as may be prescribed.
(2)
A licence to retain arms, ammunition and other
equipment may be issued by Government or the authority concerned on the
directions of Government.
(3)
No cash, etc., shall be transported except through
special transporting vehicles approved by the Licencing Authority.
(4)
No radio or wireless communication equipment or any
other gadget shall be procured or used except with proper licence.
(5)
All security companies using radio or wireless
communication system shall submit their communication plans quarterly on the
prescribed proforma to the Licencing Authority. Any change or addition thereto
shall be intimated immediately.
(6)
The list of all other security gadgets or equipment
shall be submitted quarterly on the prescribed proforma to the Licencing
Authority.
16.
Identification
papers.— (1) Every security guard
shall at all times carry proper security papers and identification papers
issued by the licensee in such form and containing such particulars as may be
prescribed and produce such papers for inspection when so required by the
Licencing Authority or any officer duly authorized by the Licencing Authority
and shall surrender the identification papers to the licensee when he ceases to
be such security guard with the licensee.
(2)
Any person, other than a security guard, or, who has
ceased to be a security guard, carrying identification papers of a security
guard shall, in addition to any other punishment to which he may be liable
under any other law for impersonation, be punishable with imprisonment for a
term which may extend to one year or with fine or with both.
17.
Power to
inspect and search.— (1) Where
the Licencing Authority is satisfied upon receipt of any information or after
such enquiry as it may think necessary that there is sufficient reason to
believe that any premises is used for carrying on business of a private
security company by a person who is not the holder of a licence, it may, by
warrant or writing under its hand, authorize any person named therein, or any
police officer not below the rank of an Inspector, with such assistance and by
such force as is necessary to enter for searching the premises and all persons
found therein, to seize all documents and things reasonably supposed to have
been used or intended to be used in connection with the business of a private
security company which are found in such premises or in possession of such
persons.
(2)
The powers of inspection and search of Licencing
Authority specified in sub section
(1) may also be
exercised by any person authorized by the Licencing Authority :
Provided that no female shall be
searched except by a female Police Officer/Official.
(3)
For the purposes of an enquiry, the Licencing Authority
or any person authorized by it not below an officer of Grade 16, may for
furtherance of such enquiry–
(a)
enter, inspect and examine by day or by night the place
of business of every licensee ; and
(b)
require the production of records, accounts and
documents kept by a licensee and inspect, examine and obtain copies thereof.
(4)
Any person who–
(a)
refuses the Licencing Authority or any person
authorized by it to enter or search any place; or
(b)
assaults, obstructs, hinders or delays the Licencing
Authority, or the person authorized by it, entry in execution of the duty
assigned under this Ordinance; or
(c)
fails to comply with any lawful demand of the Licencing
Authority or the authorized person in execution of his duty under this Ordinance;
or
(d)
refuses or neglects to give any information which may
reasonably be required of him and which is in his power to give,
shall be punishable with imprisonment for a term which may
extend to one year, or with fine or with both.
18.
Liability of
Directors, Officers, etc.— Where an offence under this Ordinance has been
committed by a person who at the time of commission of the offence was a
Director, Secretary, Manager, partner or an officer of the company or who was
purporting to act in any such capacity, shall unless he proves that the offence
was committed without his consent or knowledge and that on learning he
exercised due diligence to prevent the commission of the offence, be deemed to
have abetted such offence.
19.
Information
to be passed on to Government.— The Private Security Company shall inform
Government about the change as and when it occurs regarding directors,
location, arms and ammunition, employees and guards, etc.
20.
General.—
(1) The provisions of this Ordinance shall be in addition to and not in derogation
of the provisions of any other law for the time being in force.
(2)
Nothing in this Ordinance shall be construed as
conferring on a licensee or his employees any of the powers which by any law
are conferred upon or exercisable by a police officer or officers of customs,
immigration, prisons, or any other public officer:
Provided that
all licensed private security companies including their directors, security
supervisors and security guards shall have a right to defend their own bodies
and the bodies of other persons and lawful property for which the Private
Security Company has entered into an agreement to protect against any offence
affecting the human body or such property.
(3)
The Private Security Company shall not be construed as
Private Military Organization for the purposes of Private Military
Organizations (Abolition and Prohibition) Act, 1973.
21.
Delegation
of powers.— Government may, by notification in the official Gazette,
delegate all or any of its powers under this Ordinance, either generally, or in
respect of such company or class of agencies as may be specified in the
notification, to any of its officers.
22.
Indemnity.— No
suit, prosecution or other legal proceedings shall lie against any person for
anything which is done or intended to be done in good faith under this
Ordinance.
23.
Power to
make rules.— (1) Government may
make rules for carrying out the purposes of this Ordinance.
(2)
In particular and without prejudice to the generality
of the foregoing powers, such rules may provide for all or any of the
following, namely–
(a)
the information and documents to be furnished by an
applicant for a licence;
(b)
the taking and recording of photographs and
fingerprints of the persons applying for a licence and of every person employed
by a licensee;
(c)
the form of a licence and the identification papers of
the security guards;
(d)
the uniform, badge or emblem to be worn by the
employees of a licensee;
(e)
restraining the use of any arms, ammunition and
equipment by a licensee and his employees;
(f)
regulating the activities of a licensee and the manner
in which the business of a licensee shall be conducted;
(g)
training for security guards;
(h)
matters pertaining to the welfare of employees of
private security companies;
(i)
compulsory insurance and compensation in case of
serious injury amounting to
disability
or death of security guards in discharge of his duties; and (j) matters incidental to the above.
[1]
Promulgated by the Governor of the Punjab on 19 October 2002; and published in
the Punjab Gazette (Extraordinary), dated 19 October 2002, pages 3051-58. Under
Article 4 of the Provisional Constitution (Amendment) Order 1999 (9 of 1999),
it will remain in force notwithstanding the maximum limit of three months
prescribed under Article 128 of the Constitution of the Islamic Republic of
Pakistan.
[2]
Added by the Punjab Private Security Companies (Regulation and Control)
(Amendment) Act 2004 (Act XIII of 2004) .
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