THE PUNJAB PRIVATE
SECURITY COMPANIES (REGULATION AND CONTROL) ORDINANCE, 2002
Ord. No.LXIX of
Short title, extent
Ordinance not to apply
to Civil and Armed Forces, etc.
Companies employees not to wear certain uniform
maintenance of a company without a
Procedure for grant
and renewal of licence, etc.
Revocation of a
Effect of revocation
of licence, etc.
Employment of staff by
Training of security
Possession by licensee
of arms, ammunition, etc.
Power to inspect and
Directors, Officers, etc.
Information to be
passed on to Government
Delegation of powers
Power to make rules
PUNJAB PRIVATE SECURITY COMPANIES (REGULATION AND CONTROL) ORDINANCE, 2002
Ord. No.LXIX of
An Ordinance to provide
for regulation, licensing and control of private security companies in the
it is expedient to
provide for regulation, licensing and control of private security companies
and for matters connected therewith and ancillary thereto;
the Provincial Assembly of the
is dissolved and the Governor is satisfied that circumstances exist which
render it necessary to take immediate action;
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;
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.
Definitions.– In this Ordinance unless there is anything repugnant in
the subject or context–
means a company incorporated under the Companies Ordinance, 1984 (XLVII of
means the Government of the
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;
means the holder of a licence;
Authority” means the Government of the
or an officer nominated by Government to exercise all or any of the powers
of the Licencing Authority;
means prescribed by rules made under this Ordinance;
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
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.
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.
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 –
satisfactory evidence has not been produced of the good moral character of
partners and officers of the company holding managerial or executive
satisfactory evidence has not been produced to show that the applicant is a
fit and proper person to hold a licence; or
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
(d) it is not
in the public interest to do so; or
Private Security Company is not registered under the Companies Ordinance,
1984 (XLVII of 1984); or
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.
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
(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.
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.
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
(1) The Licencing Authority may, by an order in writing,
revoke a licence –
(a) if it is
satisfied that the licensee–
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
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
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
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.
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
The Private Security Company shall make arrangements for training and
refresher courses of the guards employed by it through Elite Police Force
or any other institution prescribed by the Licencing Authority.
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
(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.
(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
(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–
inspect and examine by day or by night the place of business of every
licensee ; and
the production of records, accounts and documents kept by a licensee and
inspect, examine and obtain copies thereof.
(4) Any person who–
the Licencing Authority or any person authorized by it to enter or search
any place; or
obstructs, hinders or delays the Licencing Authority, or the person
authorized by it, entry in execution of the duty assigned under this
(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
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.
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,
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
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.
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.
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
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;
uniform, badge or emblem to be worn by the employees of a licensee;
restraining the use of any arms, ammunition and equipment by a licensee and
regulating the activities of a licensee and the manner in which the business
of a licensee shall be conducted;
for security guards;
pertaining to the welfare of employees of private security companies;
compulsory insurance and compensation in case of serious injury amounting to
disability or death of security guards in discharge of his duties; and
incidental to the above.