28th November, 2001
An Ordinance to provide or regulation of Private Security
Companies in the Province of Balochistan.
No.Legis.1 116/Law/99, dated 28 11 2001.—The following Ordinance made by the Governor of Balochistan on 23rd October, 2001, is hereby published for general information:
Preamble. Whereas it is expedient to provide for regulation, licensing and control of Private Security Companies it the Province of Balochistan for matter connected therewith and ancillary thereto;
And whereas, the Governor of Balochistan is satisfied that circumstances exist which render it necessary to take immediate action;
Now therefore, in pursuance of Article 4 of the Provisional Constitution (Amendment) Order, 1999 (Chief Executives Order No .9 f 1999), and in exercise of all powers enabling him in that behalf. Governor of Balochistan is pleased to make and promulgate the following Ordinance:
1. Short title, extent and commencement. (1) This Ordinance may called the Balochistan Private Security Companies Ordinance. 2001.
(2j It extends to the whole of the Balochistan.
(3) It shall come into force at once.
2. Definations. 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) “Competent Authority” means the Home Secretary Balochistan;
(c) “licence” means a licence granted under this Ordinance for carrying on the business of a private security company by providing for considerations” security guards or security arrangements for the protection o` persons or property or to prevent the theft or unlawful taking of property;
(d) “licensee” means the holder of a licence
(e) “Licensing Officer” means the Licensing Officer appointed by the Home Secretary Balochistan and shall include an Assistant Licensing Officer;
(f) “private security company” means any company registered under the Companies Ordinance, 1984 (XLVII of 1984), carrying on, maintaining or engaged to the business of providing for consideration security guards or making other arrangements for the security of other persons and their property functioning under a valid licence issued by the competent authority;
(g) “prescribed’ means prescribed by rules made under this Ordinance; and
(h) “security guard” includes any w an or other person engaged by the licensee for the protection of persons or property or to prevent the theft;
3. Ordinance not to apply to Civil Armed Forces and Armed Forces, etc. The provisions of this Ordinance shall not apply to:
(a) any member of Armed Forces, Police, Levies, Balochistan Reserve Police and Civil Armed Force;
(b) any inspector, guard, watchman, or other persons employed by an individual employer for inspection, protection, guarding of his residence or commercial or business premises or for the protection of persons or property of such employer who is not engaged the business of private security company.
4. Private Security Companies employees not to wear certain uniform. The persons employed by the private security company shall not wear uniform akin to uniform of armed forces, police, levies, BRP or any civil armed force and shall wear the uniform as may be prescribed.
5. Prohibition of Maintenance of a company without a licence. No person shall carry on the business of a private security arrangements for consideration unless holds a licence for the purpose issued under this Ordinance.
6. Procedure for grant and renewal of licence, etc. (1) Whoever desires to engage in the business of maintaining a private security company shall, after he has got such company registered under the Companies. Ordinance, 1984, make an application for grant of a licence to the Licencing Officer and shall; with his application, furnish such information, attach documents and pay such fee in the form and manner as may be prescribed.
(2) One receipt of an application under subsection (1), the Licensing Officer may after such verification and enquiry as he 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 subsection (2) shall be:
(a) valid for such period as may be prescribed, and
(i) renewable on an application made in the form and on payment of such fee as may be prescribed, provided that the licensee has not violated any of the provisions of this Ordinance or the Companies Ordinance, 1984.
(4) A licence shall not be granted if,
(iii) satisfactory evidence has not been produced of the good moral character of the officers of the company holding managerial or executive position: or any of its officer holding a managerial or an executive position has been convicted of an offence involving fraud or moral turpitude.
(iii) it is not in the public interest to do so:
(iv) security clearance is not provided as may be prescribed; or
(v) the private security company is not registered under the Companies Ordinance, 1984:
Provided that the reasons for refusal to grant a licence shall be recorded in writing and shall be communicated to the applicant.
(5) The Licensing Officer may at any time under the direction of the Provincial Government, vary or revoke any of the conditions of a licence or impose any additional conditions thereto.
(6) The Licensing Officer shall, before taking any action under subsection (5), notify to the licensee his intention of the proposed action and provide him an opportunity to show cause against such action.
7. Appeal. Any person aggrieved of any order made by the Licensing Officer under section 6 may within thirty days, appeal against such order to the Home Secretary, Government of Balochistan whose decision shall be final.
8. Exhibition of Licence. Every licensee shall exhibit his licence or a certified copy thereof in a conspicuous place at his principal place of business and at every branch where the licensee carries on the business of private security company.
9. Penalties. Any person who
(a) carries on the business of private security company without a licence;
(b) fails to company with the conditions of the licence;
(c) 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;
(d) not being the holder of a licence keeps, uses or exhibits any signs, writing, painting or, other mark employing that he holds a licence to carry on the business of a private security company;
(e) being a licensee or an application for grant of a licence knowingly makes a false or incorrect statement or omits to furnish any particular which he is required to furnish; and
(f) being a licensee, violates the relevant provisions of the Companies Ordinance, 1984;
shall be punishable with imprisonment which may extend to three years or with fine which may extend to two hundred (200) Rupees or with both and in case of default in payment of fine, the offender shall be liable to imprisonment which may extend to one year.
10. Revocation of Licence. (1) The Licensing Officer may by an order in writing revoke a licence:
(a) If he is satisfied that the licensee:
(i) has ceased to carry on the business for which he has obtained the licence or has applied for liquidation, winding up of the company has been dissolved;
(ii) has obtained the licence by providing false information in contravention of the provision of this Ordinance;
(iii) has been convicted of any offence involving moral turpitude or, any of the officer 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;
(iv) 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 him do not possess the prescribed qualifications or training;
(c) if the company fails to provide service to its clients as per agreement signed by it; or as per prescribed procedure; and
(d) if it is considered necessary to do so in the, public interest.
(2) The Licensing Officer shall, before revoking any licence under subsection (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, upon which the revocation shall take effect unless the Licensee satisfies the Licensing Officer that the licence was not liable to be revoked.
(3) When the Licensing Officer revokes a licence under subsection (1), he shall forthwith inform the licensee by notice in writing of such revocation specifying date thereof, and also to the Registrar of Companies.
(4) The person whose ‘licence has been revoked may within thirty days of the receipt of the notice referred to in subsection (3) prefer appeal in writing against the revocation to the Secretary Home whose decision thereon shall be final.
11. Effect of revocation of licence, etc. (1) Where an order of revocation becomes effective under section 10, 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 person arising out of, or concerning, any matter or thing done prior to the revocation of the licence shall not be affected.
12. Employment of staff by the licensee. (1) The licensee may, in the conduct of his business, employ as many persons as he may consider necessary to be security guards and member of staff and shall at all times during such employment be responsible for the good conduct of each and every persons employed by him.
(2) The licensee shall not employ as a security guard any person who—
(a) has been convicted of any offence involving moral turpitude or dismissed from Government service on charges of misconduct; and
(c) is, in the opinion of the Licensing Officer, not a fit and proper person to be employed as security guard.
(3) Notwithstanding anything contained in subsection (1), no person shall be employed by a licensee as a security guard until he has submitted to the Licensing Officer of statement containing complete particulars and other information of such person in the prescribed form and the Licensing Officer has conveyed his no objection in writing to the recruitment of such security guard by the licensee.
(4) Every licensee shall maintain the list of all persons employed by him their full particulars and antecedents at the place of his business.
13. Possession of arms and ammunition by the licensee. (1) A licensee may possess and keep arm’s, ammunition and other equipments which may be necessary for performance of the functions of the private security company in accordance with the law and rules applicable for possessing and keeping of arms and ammunition and shall use and retain such arms and ammunition and equipments in the manner as may be prescribed.
(2) A licence to retain any arms, ammunition and other equipments may be issued by Provincial Authorities on the recommendations of the Licensing Officer.
14. Identification papers. (1) Every security guard shall at all times carry proper 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 Licensing Officer or any police officer duly authorized in this behalf and shall surrender the identification paper to the licensee when he ceases to be such security guard with the licensee:
(2) Any person, other than 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 another law for impersonation be punished with a fine not exceeding thirty thousand rupees and imprisonment for a term which may extend o one month.
15. Power to, inspect and search. (1) Where the Licensing Officer satisfied upon receipt of any information or after such enquiry as he 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, he, may, by warrant or writing under his hand authorise any person named therein, or any police officer not below the rank of Sub Inspector with such assistance and by such force as is necessary to enter for searching the premises and all persons found therein and 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 that premises or on such persons.
(2) The powers of inspection and search of Licensing Officer specified in subsection (1) and section 14, may also„be exercised by the District Coordination Officer or the District Police Officer of the District where the head office of the company is located either by himself in person or through a Police Officer authorized by him in writing.
Provided that no female shall be searched except by a female Police Officer;
(3) The District Coordination Officer or District Police Officer of the district where head office of the company is located as the case may be, shall, without delay inform the Licensing Officer the result of the inspection and search carried out under this Ordinance.
(4) For the purposes of any enquiry, the Licensing Officer or any officer authorized by him not below an officer of BPS 16 may, for furtherance of such enquiry:
(a) 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 licensee and to inspect, examine and obtain copies thereof.
(5) Any person who
(a) refuses the Licensing Officer or any person authorized by him to enter or search any place;
(b) assaults, obstructs, hinders or delays him and the person authorized by him enter in execution of his duty under this Ordinance;
(c) fails to comply with any lawful demand of the Licensing Officer or 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 powers to give, shall be punished with imprisonment for a term which any extend to one year or fine which may exceed two hundred thousand rupees; or with both.
16. Liability of directors, officers, etc. Where an offence under this Ordinance has been committed by the company or any 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 and such capacity shall unless proves that the offence was committed without his consent or knowledge and., that on learning he exercised due diligence is prevent the commission of the offence be deemed to have abetted such
17. Power to make rules. (1) The Government may, by notification in the official Gazette make rules for carrying out the purpose of this Ordinance.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following namely
(a) the information and documents to be furnished by an applicant
(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 to be issued to the security guards,
(d) the uniform, badge or emblem to be worn by the employees of a licensee;
(e) restrain 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; and
(h) matters incidental to the above.
18. Ordinance not to derogation from other laws. The provisions of this Ordinance shall be in addition to and not in derogation of, any other law for the time being in force.
19. Licensees or their employees not exercise powers exercisable by a certain Government functionaries. 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.
20. Private Security Companies not to be, private Military Organization. The private security company shall not be construed as Private Military Organization for the purposes of Private Military Organizations (Abolition and Prohibition) Act, 1973 (IV of 1973).
