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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: -
  1. 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.





  2. 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.














  3. Prohibition against continuing as agency
    No Agency shall be established or continued except in accordance with the provisions of this Ordinance.





  4. 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.






  5. 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).



















  6. 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.












  7. 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.







  8. 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.














  9. 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.








  10. 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.









  11. 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.







  12. 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.




















  13. 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 .




  14. 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.






  15. 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.






  16. 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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