THE PUNJAB PRIVATE SECURITY COMPANIES (REGULATION AND CONTROL)
ORDINANCE, 2002
(Pb Ord. No.LXIX of 2002)
C O N T E N T S
Sections
a)
company
b)
Governent
c)
Licence
d)
Licensee
e)
Licencing Authority
f)
Prescribed
g)
Private Security Company
h)
Security guard
[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][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]Promulgated by the Governor
of the
[2] Added by the Punjab Private Security Companies (Regulation and Control) (Amendment) Act 2004 (Act XIII of 2004) .