The Punjab Security of Vulnerable Establishments Ordinance, 2015 (Punjab Ordinance No. I of 2015)

Updated: Friday March 13, 2015/AlJumaa Jamada El Oula 23, 1436/Sukravara Phalguna 22, 1936, at 08:22:36 PM

The Punjab Security of Vulnerable Establishments Ordinance, 2015

(Ordinance I of 2015)

CONTENTS

[8^th January, 2015]

ORDINANCE

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;

And whereas Provincial Assembly of the Punjab is not in session and Governor of the Punjab is satisfied that circumstances exist which render it necessary to take immediate action;

Now therefore, in exercise of the powers conferred under clause (1) of Article 128 of the Constitution of the Islamic Republic of Pakistan, Governor of the Punjab is pleased to make and promulgate the following Ordinance:---

1. Short title, extent and commencement.– (1) This Ordinance may be cited as the Punjab Security of Vulnerable Establishments Ordinance, 2015.

(2) It extends to whole of the Punjab.

(3) It shall come into force at once.

2. Definitions.– In this Ordinance:---

(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 Ordinance;

(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 Ordinance;

COMMENTS

Government has yet not formulated “rules” as under sub-section (g) of section 2 read with section 19 of the Ordinance.

(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, non-governmental 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 Ordinance.

COMMENTS

Only those establishments would be treated as the “vulnerable establishment” which would be notified under the Ordinance. The establishment not notified would not be treated as “vulnerable establishment” within the meaning of the Ordinance.

3. Security Advisory Committee.– (1) The District Coordination Officer shall, in each sub-division, constitute a Security Advisory Committee consisting of the Sub-divisional 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;

(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;

COMMENTS

Committee has not power to inspect the vulnerable establishment beyond the period as prescribed by the section 4 which is mandatory by way of the word “shall” therein. Word “shall” used in sub-section 1 of the section 4 directly hits the sub-section (b) (1) of section 4.

(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

COMMENTS

This Ordinance doesn’t cater for the expenses to be incurred on the implementation of the “advice” of the Committee.

(d) send report to the 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 subcommittee.

COMMENTS

Only advise of the Security Advisory Committee may cause the notification for the establishment. The word “shall” used in section 5 denotes that only Committee is competent to declare under notification as establishment. District Coordination Officer can’t vary the identification and recommendation of the 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.

COMMENTS

District Coordination Officer “may” issue list without consultation of Committee but the word “shall” used in section 5 denotes that DCO can’t vary the list of the Committee. The word “may” can’t substitute the value of the word “shall” in section 5 which means that DCO’s list is not independent of the deification and recommendation of the Committee. “List” means the list issued under notification upon identification and recommendation of the Committee.

(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 Station House Officer.– The Station House Officer may, at any time, inspect any vulnerable establishment and submit his report to the Chairperson of the Committee under intimation to the Head of District Police.

COMMENTS

Station House Officer (SHO) may only inspect the establishment but can’t take an action except to report the violation, if any, to the Chairperson of the Committee and intimation to the Head of District Police. SHO doesn’t possess authority to file complaint or Kalandara, however under section 15 of this Ordinance, offences are cognizable and non-bailable. This section doesn’t provide the territorial limits for the inspection of SHO. No officer other than SHO may inspect the establishment.

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 Station House Officer 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 Station House Officer 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.

COMMENTS

Right of appeal has been given to the District Intelligence Committee which would be notified by the Government of the Punjab in arbitrary manner as no procedure has been laid down for the qualification of the District Intelligence Committee in the Ordinance.

(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 Ordinance shall be cognizable and non-bailable.

(2) A Magistrate of the first class shall conduct the trial of an offence under this Ordinance 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 Ordinance subject to the deposit of administrative penalty which shall not be less than fifty thousand rupees.

(2) The offence under this Ordinance shall not be compoundable if the accused had been previously convicted under the Ordinance 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 Ordinance.

18. In addition to other laws.– The provisions of this Ordinance shall be in addition to and not in derogation of any other law.

19. Power to make rules.– The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

20. 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 Ordinance.

COMMENTS

Only administrative actions taken under the repealed enactment can be taken as actions taken under this Ordinance, but so far as offences under former enactment are concerned, are not offences under this Ordinance, as Article 12 of the Constitution of Islamic Republic of Pakistan, 1973, clearly mandates that the “no law shall authorize the punishment of a person, (a) for an act or omission that was not punishable by law at the time of the act or omission; or (b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.”

The Punjab Security of Vulnerable Establishments Rules, 2015