THE PUNJAB SECURITY OF
VULNERABLE ESTABLISHMENTS ACT 2015
( XIV OF
2015)
[18th
March, 2015]
An
Act
to provide for
effective security arrangements of vulnerable establishments.
Whereas it is
expedient to make arrangements for the security of vulnerable establishments inter alia to prevent acts of terrorism
and other crimes, to obtain evidence by use of modern devices for investigation
and prosecution of offences, and to deal with ancillary matters;
It is enacted as follows:
1.
Short title,
extent and commencement.– (1) This Act may be cited as the Punjab Security
of Vulnerable Establishments Act 2015.
(2)
It extends to whole of the Punjab.
(3)
It shall come into force at once.
2.
Definitions.–
In this Act:
(a)
“Code” means the Code of Criminal Procedure,
1898 (V of 1898) ;
(b)
“Committee” means the Security Advisory
Committee constituted under
section 3 of the Act;
(c)
“District Coordination Officer” means the
District Coordination Officer of the district;
(d)
“Government” means Government of the Punjab;
(e)
“Head of District Police” means the Capital City
Police Officer, a City Police Officer or a District Police Officer;
(f)
“manager” means the owner or occupant of a
vulnerable establishment and includes a person who is employed or authorized by
the owner or occupant for the management of the vulnerable establishment;
(g)
“prescribed” means prescribed by the rules made
under the Act;
(h)
“security arrangements” mean effective physical
and technical security arrangements including installation and proper
functioning of closed circuit television cameras, bio-metric system,
walkthrough gates, security alarm and other modern gadgetries; and
(i)
“vulnerable establishment” means a place of
worship or any other religious place, sensitive office of the Government,
Federal Government, nongovernmental organization or foreign project, hospital,
bank, money changer, financial institution, office of firm or company,
industrial unit, educational institution, public park, private clinic, wedding
hall, petrol or CNG station, jewelry shop, hotel, amusement or entertainment
center, public transport terminal, special bazaar, commercial street, shop or
shopping arcade notified under the Act.
3.
Security
Advisory Committee.– (1) The District Coordination Officer shall, in each
sub-division, constitute a Security Advisory Committee consisting of the
Subdivisional Police Officer as the Chairperson and the following members:
(a)
a representative of the district administration in
BS-16 or above;
(b)
an officer from Special Branch of the Police in BS-16
or above;
(c)
an officer from Counter Terrorism Department in BS-16
or above; and
(d)
three representatives of the traders and other
stakeholders.
(2)
A member of the Committee, other than an ex officio member, shall hold office for
a term of one year but the District
Coordination Officer may again nominate him for like term.
(3)
A member of the Committee, other than an ex officio member, may submit his
resignation to the District
Coordination Officer and the District Coordination Officer may nominate another member in his
place for the residuary term.
(4)
An act or proceedings of the Committee shall not be
invalid merely for reason of any vacancy or defect in the constitution of the
Committee.
(5)
The Committee shall meet at least once in a month at
such time and place as may be determined by the Chairperson.
(6)
The Committee shall observe such procedure with regard
to transaction of business at its meetings or otherwise as may be prescribed
and until so prescribed as the Chairperson determines.
4.
Functions of
the Committee.– (1) The Committee shall:
(a)
identify and recommend the establishments for
notification as vulnerable establishments;
(b)
inspect a vulnerable establishment on quarterly basis;
(c)
issue advice, in writing, to the manager of a
vulnerable establishment for such security arrangements as may be necessary on
the basis of threat perception, resources at the disposal of the establishment
and other related factors; and
(d)
send report to the District Coordination Officer and
Head of District Police in case of non-compliance of any advice.
(2)
The Committee may constitute a sub-committee and assign
the function of quarterly inspection of vulnerable establishments to such
sub-committee.
5.
Vulnerable
establishments.– (1) The Committee shall identify and recommend to the District
Coordination Officer an establishment for notification as a vulnerable
establishment.
(2)
The District Coordination Officer may, by notification,
declare any establishment as a vulnerable establishment and shall maintain a
list of the vulnerable establishments and shall issue updated list on annual
basis.
(3)
The District Coordination Officer may, by notification
on the recommendation of the Committee or otherwise, exclude a vulnerable
establishment from the list of vulnerable establishments.
(4)
The District Coordination Officer shall provide a copy
of the list and the revised list of vulnerable establishments to the
Government, the Head of District Police and all the Assistant Commissioners in
the district.
6.
Advice by
the Committee.– (1) The Committee shall issue advice for security
arrangement to the manager of such an establishment and the manager shall make
necessary security arrangements as per advice of the Committee within such
reasonable time as the Committee determines.
(2)
Subject to subsection (3), the Committee shall review
its advice on annual basis and may, if necessary, issue revised advice to the
manager of a vulnerable establishment and the manager shall implement the
revised advice within such time as the Committee determines.
(3)
The Committee, if the circumstances so justify, may
issue revised advice to the manager of a vulnerable establishment even before
the completion of a year and the manager shall implement the advice within such
time as the Committee determines.
7.
Security of
vulnerable establishments.– The manager of a vulnerable establishment shall
make appropriate and sufficient security arrangements for the protection of the
vulnerable establishment and shall comply with the advice of the Committee
within the time specified in the advice.
8.
Security of
public places.– The local government or any other local authority shall
ensure clearance of roads, streets from debris or construction material,
managing of filth depots on daily basis, covering manholes and removing broken
water supply pipes so that no explosive materials may be concealed at any such
place.
9.
Inspection
by Police.– The Police Officer
incharge of the Police Station may, at any time, inspect any vulnerable
establishment and submit his report to the Chairperson of the Committee under
intimation to the District Coordination Officer and Head of District Police.
10.
Warning.–
(1) If the Committee is satisfied on the basis of information received from any
source or from the inspection report of the sub-committee or the Police Officer
incharge of the Police Station that the security arrangements as per advice of
the Committee have not been carried out at a vulnerable establishment, the
Committee may issue a written warning to the manager of the vulnerable
establishment specifying specific violation of its advice.
(2)
The manager of the vulnerable establishment shall,
within such time as is mentioned in the letter of warning, implement the advice
of the Committee.
11.
Sealing of
the vulnerable establishment.– (1) If the manager of a vulnerable
establishment fails to implement the advice of the Committee within the
stipulated time, the Committee may direct complete or partial sealing of the
vulnerable establishment or suspension of its operations till the time the
advice is fully implemented and satisfactory security arrangements are made or
the manager undertakes in writing to do so within such further time as the
Committee may allow.
(2)
The Police Officer incharge of the Police Station shall
implement the direction of the Committee under this section and, for the
purpose, use such force as may be necessary.
12.
Appeal.–
(1) The manager of a vulnerable establishment may, within three days from the receipt of advice, warning or direction
of sealing or suspension of operations of the vulnerable establishment, prefer
an appeal against the advice, warning or direction of sealing or suspension of
operations to the District Intelligence Committee as may be notified by the
Government.
(2)
The District Intelligence Committee shall, after
affording opportunity of personal hearing to the appellant and the
representative of the Committee, pass such order as is deemed necessary and
such order shall be final.
(3)
The District Intelligence Committee shall dispose of
the appeal as soon as may be but not later than seven days and shall immediately
communicate the decision to the appellant and the Committee.
(4)
The manager of a vulnerable establishment shall
implement the advice of the Committee in the light of the order of the District
Intelligence Committee within such time as is allowed by the District
Intelligence Committee.
13.
Manager to
provide evidence.– The manager of a vulnerable establishment shall provide
such evidence of offence as is obtained through security arrangements of the
vulnerable establishment to the police or any other investigation agency.
14.
Penalty.–
If a person knowingly contravenes the provision of section 10 or fails to
implement the direction issued under section 11
and section 12 or fails to abide by his undertaking given under section
11 or fails to furnish evidence to the investigation agency under section 13,
he shall be liable to punishment of imprisonment which may extend to six months
and fine which shall not be less than fifty thousand rupees but shall not
exceed one hundred thousand rupees.
15.
Cognizance
and summary trial.– (1) An offence under this Act shall be cognizable and
non-bailable.
(2)
A Magistrate of the first class shall conduct the trial
of an offence under this Act in accordance with the provisions of Chapter XXII of the Code relating to the summary
trials.
16.
Compounding
of offence.– (1) Subject to subsection (2), the Government or an officer of
the Government specifically authorized in this behalf may, at any stage,
compound an offence under this Act subject to the deposit of administrative
penalty which shall not be less than fifty thousand rupees.
(2)
The offence under this Act shall not be compoundable if
the accused had been previously convicted under the Act or his previous offence
had been compounded by the Government or the officer authorized by the Government.
17.
Bar of
jurisdiction.– No court shall entertain any suit or application against any
proceedings taken, direction or order made under this Act.
18.
Annual
Report. – (1) Every Head of District Police shall send a monthly
implementation report to the Government under this Act.
(2)
The Government shall, before 31 March each year, submit
a consolidated implementation annual report in the Provincial Assembly of the
Punjab relating to the preceding year containing summary of the activities and
recommendations for implementation of the Act.
19.
In addition
to other laws.– The provisions of this Act shall be in addition to
and not in derogation of any other law.
20.
Power to
make rules.– The Government may, by notification in the official Gazette,
make rules for carrying out the purposes of this Act.
21.
Repeal and
savings.– (1) The Punjab Shops and Establishments (Security) Act, 1999 (II of 1999) is hereby repealed.
(2)
Notwithstanding the repeal of the Punjab Shops and
Establishments (Security) Act, 1999 (II
of 1999), anything done or action taken under the repealed Act, shall have
the effect as if the thing is done or action taken under this Act.
22.
Repeal.–
The Punjab Security of Vulnerable Establishments Ordinance, 2015 (I of 2015) is
hereby repealed.
_______
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