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THE
SINDH PRIVATE SECURITY AGENCIES
(REGULATION AND CONTROL)
ORDINANCE - 2000
AND
PRIVATE
SECURITY AGENCIES RULES - 2001
(Applicable
to the Private Security Agencies of Sindh)
Compiled
by
Ali Hasan Brohi
Deputy Secretary (Arms & Security)
Home Department Government of Sindh
Published by
All Pakistan Security Agencies Association
(APSAA)
2002
{The Sindh Private Security Agencies
(Regulation and Control) Ordinance - 2000 and Private Security
Agencies Rules - 2000, as published by APSAA are being placed
here as general public service without assuming any responsibility
regarding its correctness}
THE SINDH PRIVATE SECURITY AGENCIES (REGULATION
AND CONTROL) ORDINANCE
2000
| Part-I
|
The
Sindh Govt. Gazette Ext. January 3, 2001 |
AND WHEREAS the
Provincial Assembly stands suspended in pursuance
of the Proclamation of the fourteenth day of October
1999 and the Provincial Constitution Order No.
1 of 1999;
AND WHEREAS the Governor of Sindh is satisfied
that circumstances exist which render it necessary
to take immediate action;
NOW THEREFORE, in pursuance of the aforesaid
Proclamation and the Provisional Constitution
Order read with Provisional Constitution (Amendment)
Order No. of 1999 and in exercise of all powers
enabling him in that behalf, the Governor of Sindh
is pleased to make and promulgate the following
Ordinance: - |
-
Short title, extent and commencement
1.This Ordinance may be called
the Sindh Private Security Agencies (Regulation
and Control) Ordinance 2000.
2.It extends to the whole of the Province
of Sindh.
3.It shall come into force at once. |
- Definitions
the subject
In this Ordinance unless there
is anything repugnant in or context: -
a. "Agency"
means a private Security agency carrying on
the business of providing for consideration
security guards or security arrangements and
includes any branch of such agency.
b. "Government" means
the Government of Sindh.
c. "License" means a license
granted under this Ordinance for carrying
on the business of an agency.
d. "Licensee" means a holder
of a license.
e. "Licensing Authority"
means the licensing Authority appointed under
this Ordinance.
f. "Rules" means rules made
under this Ordinance.
g. "Security guards"
includes a watchman engaged by the licensee
under the rules. |
- Prohibition
against continuing as agency
| No Agency shall be established
or continued except in accordance with the
provisions of this Ordinance.
|
- Licensing
Authority
| Government may by notification
appoint any person or authority as the Licensing
Authority to exercise all or any of the powers
of the Licensing Authority.
|
- Application
for License
(1) Any person
intending to establish an agency and any person
intending that any agency already in existence
shall be continued as such shall in the prescribed
form and on payment of the prescribed fee,
make an application to the Licensing Authority
accompanied by a copy of the constitution
of the agency and such other documents and
information as may be prescribed.
(2) No license shall be issued if the applicant
does not fulfill the conditions and requirements
prescribed for a license.
(3) The licensing Authority, may on receipt
of application, make such enquiry as it considers
necessary and subject to such conditions and
furnishing such security as may be prescribed
grant the application or for reasons to be
recorded in writing, reject it.
(4) If the licensing Authority grants the
application it shall, issue on the prescribed
from, a license to the applicant.
(5) The license issued under sub-section (4)
shall be valid for year and renewable on an
application in the form and on payment of
the prescribed fee.
(6) The Licensing Authority shall maintain
a register containing such particulars as
may be prescribed, of the licenses issued
under sub-section (4).
|
- Establishment
and existence of agency
(1) An agency
not in existence on the coming into force
of this
Ordinance shall be established only after
a license has been issued under sub-section
(4) of section 5.
(2) An agency already in existence shall not
be continued for more than six months from
the commencement of this Ordinance, unless
an application for license has been made within
thirty days of such commencement.
(3) Where any application as aforesaid has
been made in respect of an existing agency
and such application is rejected, then, not
withstanding the period of six months provided
in sub-section (2), the agency may be continued
for a period of thirty days from the date
on which the application is rejected, or of
an appeal is dismissed.
|
- Possession
arms etc.
No Licensee shall possess,
keep or use arms, ammunitions radio
wireless communication equipment or any other
gadget except in accordance with the relevant
law.
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- Conditions
to be complied by agencies
(1) Every Licensee shall:
-
(a) At such time and in such manner as may
be prescribed submit its Annual Report and
audited Accounts to the Licensing Authority.
(b) Furnish to the Licensing Authority such
particulars with regard to personnel employed
by it or its accounts or other records or
such other information as the Licensing Authority
may from time to time require.
(2) The licensing authority
or any officer duly authorized by it on
this behalf, may at reasonable times inspect
the premises of the licensee's books of
accounts and other records of the licensee,
the securities, cash and or properties held
by the agency, and all documents relating
thereto.
|
- Amendment
of the constitution of licensee
(1) No amendment of the
constitution of a licensee shall be valid
unless it has been approved by the Licensing
Authority, for which purpose the copy of the
amendment shall be forwarded to the licensing
Authority.
(2) If the Licensing Authority is satisfied
that any amendment of constitution is not
contrary to any of the provisions of this
Ordinance or rules, it may, if it thinks fit,
approve the amendment.
|
- Revocation
of License
| If after making such
inquiries as it may think fit, the Licensing
Authority is satisfied that the Licensee has
failed to comply with provisions of this Ordinance
or rules or conditions of the license, functioning
as an organization formation of which is prohibited
by law may, by order in writing revoke the
license. Provided that an order of revocation
shall not be passed, unless the licensee has
been given reasonable opportunity of showing
causes.
|
- Appeal
| If the Licensing Authority
rejects the application for license or revokes
the license, the application or, as the case
may be, the licensee may, within thirty days
from the date of the order of Licensing Authority
prefer an appeal to Government and the order
passed by Government shall be final and given
effect to by the Licensing Authority.
|
- Penalties
and Procedures
| (1) Any person who: -
(a) Contravenes any
of the provisions of this ordinance, or
any rule made there under; or
(b) In an application for a license under
this Ordinance or in the Licensing Authority
makes any false statement or false representation.
Shall be punishable with imprisonment for
a term, which may extend to two years, or
with fine, which may extend to fifty thousand
rupees, or with both.
(2) Where the person committing an offence
under this Ordinance is a company, or other
body corporate, or an association of persons,
every director, manager, secretary and other
officer thereof shall, unless he proves
that the offence was committed without his
knowledge or consent, be deemed to be guilty
of such offence.
(3) No court shall take cognizance of an
offence under this Ordinance except upon
a complete in writing made by the Licensing
Authority , or any officer authorized by
it in this behalf.
(4) All offences under this Ordinance shall
be trial able by the Executive Magistrates.
|
- Indemnity
NO suit, prosecution or other
legal proceeding shall lie against any
person for anything, which is in good faith
done or intended to be done under this Ordinance
.
|
- 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 agency or
class of agencies as may be specified in the
notification, to any of its officers.
|
- Additional
Provisions
(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 employee
any of the powers, which by any law are conferred
upon or exercisable by a police officer, or
any other public servant.
|
- Powers
to make rules
| Government may by notification
in the official Gazette make rules for carrying
into effect the provisions of this Ordinance.
|
|
|
Karachi
Dated: 30th December, 2000
|
MOHAMMAD
MIAN SOOMRO
GOVERNOR OF SINDH
|
SYED
GHILAM NABI SHAH
SECRETARY TO GOVERNMENT OF SINDH
LAW DEPARTMENT
THE SINDH PRIVATE SECURITY AGENCIES
RULES - 2001
| Part-I |
The
Sindh Govt. Gazette Ext. December 27, 2001
|
Home Department
Karachi 01-10-2001
No. SO (A&S) HD-7 (8)/2000:
- In exercise of the powers conferred by section 16
of the Sindh Private Security Agencies (Regulation and
Control) Ordinance, 2000, the Government of Sindh is
pleased to make the following rules: -
Preamble
1. (i) These rules may
be called the Sindh Private Security Agencies (Regulation
& Control Rules, 2001.
(ii) They shall come into force at-once.
2. In these rules there is anything repugnant
in the Definitions subject or context: -
(a) "Application" means an application made
under section 5 in form "A".
(b) "Form" means a form appended to these
rules.
(c) "Ordinance" means the Sindh Private Security
Agencies (Regulation & Control) Ordinance, 2001.
(d) "Register" means a register maintained
by the Licensing Authority in form "B".
(e) "Section" means section of the Ordinance.
3. (i) Every agency or its branch running
under the same name or management at different places
shall run under separate licenses.
(ii) An application for a license shall in addition
to the document referred to in sections 5 be accompanies
by the documents, information and fees mentioned in
form "A" which shall not be refundable.
(iii) On receipt of the application, it shall be registered
in the register.
(iv) If in the opinion of the licensing authority
the application is defective or any further amendment
in format or document is required it may call upon
the application to rectify the defect or as the case
may be furnished the required information or document.
4. No application shall be granted a license
if he: - Certain Person not to be granted
(a) Is a minor, or insane person.
(b) Is found to be of unsound mind by a Court of competent
jurisdiction.
(c) Is declared insolvent.
(d) Has been, on conviction for an offence of criminal
misappropriation or criminal breach of trust or cheating
or any other offence involving moral turpitude, or
an abatement of or attempt to commit any such offence,
sentenced to imprisonment, unless a period of three
years has elapsed since the expiration of the period
of sentence.
(e) Is not cleared by any Government agency.
5. (i) The License shall be granted having
due regard, amongst others, to the following factors:
-
(a) Whether the applicant would be in a position to
maintain the agency with the minimum standard fixed
by the licensing authority.
(b) Whether the applicant has adequate financial resources
for proper functioning of the agency and providing
training to the security guards of the recognized
standard.
(c) Whether the staff employed by the agency possesses
specified training and the agency has proper equipment,
accommodation and other facilities to ensure its proper
functioning.
(d) Any other factor as may be considered necessary
Grant of License
(ii) The licensing authority on being satisfied that
the applicant does not suffer from any of the disqualification
mentioned in these rules shall grant the applicant
and issue him a license in form "C" on payment
of fees and security money mentioned therein for due
performance of the provisions of the Ordinance, rules
and license within a fortnight of the grant of application.
(iii) The licensing authority may forfeit the security
wholly or partly for any breach of any term or condition
of the license and on such forfeit the licensee shall
make good the security to the extent it is forfeited,
provided that where the breach is capable of rectification
the security shall not be forfeited unless the licensee
has actually rectified the breach within the specified
period to the satisfaction of the licensing authority.
(iv) The particulars of the licensee shall be recorded
in the registered.
(v) The license shall be non-transferable.
6. (1) No licensee shall: -
(i) Render any service to any Provincial Government
of Federal Government or any body, organization or
agency of such Government.
(ii) Render any service to the sensitive key points
notified by the Government.
(iii) Employ and person without getting him cleared
by Government agencies including the Special Branch
ISI/IB.
(iv) Allow any person employed by him to use any weapon
unless the person concerned clears the firing test
arranged by Police Deptt. and certified by SP or DSP
of the area.
(v) Allow its employees to use uniform other than
the uniform approved by the licensing authority.
(vi) Employ any person who has served in armed forces
including Air Port Security Forces without their clearance
from the Ministry of Interior to be obtained through
the Government.
(vii) Employ any person as guards with self weapons.
(viii) Employ guards not exceeding the limit fixed
by the licensing authority for an agency or its branch
according to the quantum of the work of the agency
or its branch.
(ix) Operate in any area other than the area mentioned
in the license.
(x) Change the status or address of the agency or
its branch except with prior approval of the licensing
authority.
(xi) Amend the Constitution of the agency without
permission of the licensing authority.
(xii) Use any weapon not issued in the name of the
licensee.
(xiii) Install emergency light and siren in the transport
vehicles in its use.
(xiv) Use soft vehicle for cash transit.
(xv) Correspond in respect of his agency with the
Federal Government or any Provincial Government save
through the Home Department.
7. A licensee shall: -
(i) Establish a proper magazine at the head office
of the agency for safe custody of weapons which shall
be under the proper guard on round the clock basis.
(ii) Keep record of all types of weapons or properly
purchased and held by the agency and furnish the same
to the licensing authority.
(iii) Notify the number of transport vehicle in its
use including any increase or decrease in its fleet
to the Police Station concerned.
(iv) Use the weapons issued to it on the basis of
ratio fixed by the licensing authority vis-à-vis
number of guards appointed by the agency.
(v) Intimate the licensing authority the nature and
category of fire arms and equipment in use of the
employees of the agency;
8.(i) The licensee shall conduct its operations
in accordance with such directions as may from time
to time be given
by the licensing authority and confine its employees
to their duties, activities to the terms and conditions
of the license.
(ii) The decision of the licensing authority in any
matter under these rules shall be final and binding
on the licensee.
9.(i) A licensee shall: -
(a) Afford necessary facilities to the licensing authority
or an officer authorized by him in this behalf to
inspect the office premises and records of the agency.
(b) On demand produce the license for inspection.
(c) Display the license a conspicuous place of the
premises of the business of the agency.
(ii) A licensee shall comply with the instructions,
if any, given by the licensing authority or authorized
officer after visiting the place of business of the
agency and inspecting the documents under the foregoing
provisions or otherwise.
10.Maintenance of record and account
(i) A licensee shall maintain account and other record
of the agency in
such form and manner as may be specified by the licensing
authority.
(ii) A licensee shall submit quarterly reports to
Government through the licensing authority under section
8 within a week of the commencement of the quarter.
(iii) A licensee shall as and when required to do
so, produce the account and other record maintained
by him before the licensing authority or any officer
authorized by it and shall also supply such information
within such time as may be required by the licensing
authority or authorized officer as the case may be.
11. (i) An application for renewal of license
accompanied by a fee in form 'D' shall be made not
latter than thirty days preceding the date on which
the validity of the license is due to expire.
(ii) If the licensee fails to apply for the renewal
of his license in accordance with sub-rule (1) and
continues the agency to function after the date on
which the validity of his license expires, the licensing
authority may, instead of taking action against him,
entertain his application for renewal of the license
on payment of additional amount, in addition to renewal
fee, not exceeding four times of the renewal fee.
(iii) The license shall be renewed after assessing
the performance of the agency that it has complied
with the Ordinance, rules and terms and condition
of the license.
(iv) The fee shall be refunded if the license is not
renewed.
12. The security deposit unless forfeited shall
be refundable on the expiry of the license.
13. In case of discontinuance of transfer of
the agency, (Discontinuance of the receipt Business),
the licensee shall inform the licensing authority
within thirty days of such discontinuance or transfer
and the licensing authority shall, on receipt of such
information, cancel the license in the case of discontinuance
and grant a license to the transferee in accordance
with these rules in the case of transfer.
|
Part-I The Sindh Govt. Gazette Ext. December 27, 2001
FORM - A
Form of Application
(See Rule 2-a)
To,
The Home Secretary,
Government of Sindh,
Karachi
|
SUBJECT: - APPLICATION FOR
GRANT OF LICENSE TO OPERATE AS PRIVATE SECURITY AGENCY
It is submitted that we are interested in
establishing as private security U/S 5 of Sindh
Private Security Agencies (Regulation &
Control) Ordinance, 2000 in this Province. The
details are as under: -
I. Name of private security agency.
II. Name of directors of the Agency along
with NIC Nos.
III. NIT No of Agency/ Directors.
IV. Bio Data of directors of Agency
V. Details of financial resources duly supported
by documentary evidence
VI. Copy of Article/ Memo
VII. Undertaking
| Signature with name of
applicant |
|
|
|
| Part-I |
The
Sindh Govt. Gazette Ext. December 27, 2001 |
|
|
FORM
- B
Form of Register
(See Rule 2-d)
|
| (1) NAME OF THE PRIVATE SECURITY
AGENCY
(2) TELEPHONE NUMBERS OF THE AGENCY
(3) FAX NUMBER OF THE AGENCY
(4) ADDRESS OF THE AGENCY
(5) NATIONAL TAX NUMBER OF THE AGENCY/ DIRECTORS
(6) NAME OF EACH DIRECTOR OF THE AGENCY
(7) NO. OF GUARDS EMPLOYED BY THE AGENCY
(8) NO. OF ARMS LICENSES ISSUED TO THE AGENCY
(9) NO. OF WEAPONS IN POSSESSION OF THE AGENCY
(10) DATE OF ISSUANCE OF LICENSE AS OPERATING
PRIVATE SECURITY AGENCY
(11) LICENSE RENEWED UPTO
(12) SUMMARY OF PROCEEDINGS, IF ANY AGAINST
AGENCY
|
| Part-I |
The
Sindh Govt. Gazette Ext. December 27, 2001 |
|
|
FORM
- C
Form of License
(See Rule 5 [2])
|
| 1. This license is hereby granted
under section 5 of Sindh Private Security Agencies (Regulation
& Control) Ordinance, 2000 to M/S. to operate as private
security agency in Sindh.
2. The license shall be subject to the provisions
of the Sindh Private Security Agencies (Regulation & Control)
Ordinance, 2000, rules made there-under and instructions issued
by the Provincial Government from time to time.
This license automatically stands expired unless
renewed in accordance with the provisions of the rules.
|
| Part-I |
The
Sindh Govt. Gazette Ext. December 27, 2001 |
|
FORM
- D
Application form for renewal of license
(See Rule 11 [1])
|
(1) Name of prospective private
security agency.
(2) License No. Date of grant and expiry of the license
(3) License to be renewed for the year
(4) NIT No. of the Agency/ Directors
(5) Bio-Data of each director.
(6) Details of financial resources duly supported by documentary
evidence.
(7) No. of guards employed
(8) No. of arms licenses issued
(9) No. of weapons in possession
(10) Details of warning/ penalty (if any) given or imposed during
the preceding year.
Incident (s) occurred and result (s) thereof
during the preceding year. Name and signature of Chief Executive
of the Company.
Signature with name of the applicant
SECRETARY TO GOVERNMENT OF SINDH HOME DEPARTMENT
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