Updated: Monday November 25, 2013/AlEthnien
Muharram 22, 1435/Somavara
Agrahayana 04, 1935, at 06:00:16 PM
[1][1]The Punjab Private Security Companies’ (Regulation and Control)
Ordinance, 2002
(Pb Ord. No. LXIX of 2002)
[
An
Ordinance to provide for regulation, licensing and control of private security
companies in the
Whereas it is expedient to provide for regulation,
licensing and control of private security companies in the
And whereas the Provincial Assembly of the
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
(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
(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
(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-in-transit, 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][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,
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][1]Promulgated by the Governor
of the
[2][2] Added by the Punjab Private Security Companies (Regulation and Control) (Amendment) Act 2004 (Act XIII of 2004) .
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