GOVERNMENT OF N.W.F.P. HOME AND TRIBAL AFFAIRS DEPARTMENT NOTIFICATION. Dated Peshawar, the 20 th February 2003

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Transcription:

GOVERNMENT OF N.W.F.P. HOME AND TRIBAL AFFAIRS DEPARTMENT NOTIFICATION Dated Peshawar, the 20 th February 2003 No. SO(FM)/HD/8-54/2003 In exercise of the powers conferred by section 18 of the North-West Frontier Province Private Security Companies Ordinance, 2002 (N.W.F.P. Ord. No. XLIX of 2002), the Governor North-West Frontier Province is pleased to make the following rules, namely: The North-West Frontier Province Private Security Companies Rules, 2003. 1. Short title and commencement 1) These rules may be called the North-West Frontier Province Private Security Companies Rules, 2003. 2) It shall come into force at once. 2. Definition In these rules, unless the context otherwise requires, the following expression shall have the meanings hereby respectively assigned to them, that is to say: 3. Restriction a) Department means the Government of the North-West Frontier Province, Home & Tribal Affairs Department. b) DCO means the District Coordination Officer of the District concerned. c) Ordinance means the North-West Frontier Province Private Security Companies Ordinance, 2002 (N.W.F.P. Ord. No. XLIX of 2002). d) Province means the North-West Frontier Province. A Private Security Company shall not render any services to:- a) Government or Government Agency b) Sensitive Key Points; and c) Disputed Property

4. Conditions for Issuance of a License to a Private Security Company The Private Security Company while applying for a license shall fulfill the following conditions: a) The application for license shall be made to the competent authority indicating the area of activity within the Province; b) The Private Security Company must be registered under the Companies Ordinance, 1984 (XLVII of 1984); c) The application for the issuance of license shall be accompanied with the following essentials; i) Names and addresses of the licensees and Directors ii) iii) Work and task already being performed at various places in Pakistan and since how long; and Bank statement showing the financial position of the Private Security Company 5. Mode of Operation 1) On grant of license, a Private Security Company, shall operate in the Province in the mode prescribed as under:- a) It shall keep the Department, the DCO and Superintendent of Police informed about any agreement concluded with a client; b) It shall inform the local police station or levies thana about the place of their operation and full particulars of the staff employed, the weapons issued/used and the nature and extent of their obligation under intimation to the DCO and the Superintendent of Police concerned. c) Any change or variation in this regard shall also be reported promptly to the local police/ levies station; d) The police/levies concerned, shall have the right to carry necessary check as they are authorized in the case of chowkidari system, at any time;

6. Uniform e) Quarterly reports indicating the general activities of the Private Security Company shall invariably be sent to the Department; f) It shall follow the laws, rules, policy and instructions on the subject as and when framed by the Government and shall conduct its operations in accordance with such directions as the Government may issue from time to time to regulate and control their working; and change in address of office location shall be promptly conveyed to the Department. The Private Security Company shall make an application to the Department for getting the pattern of uniform of their employees approved. 7. Security Guards 1) The Private Security Company shall provide a list of security guards, working in the field to be employed and deployed by it in the Province along with their credentials and complete information. 2) The number of security guards shall not be less than 20 and not more than 400 at any time. 3) A security guard shall not be less than 25 years and not more than 45 years. 4) In order to employ a retired Government official as a security guard, the manager of the Private Security Company shall provide a moral/character certificate from the concerned department along with following essentials: a) Medical fitness certificate; b) Copy of ID Card in triplicate; and c) Photograph and fingerprints 5) The Private Security Company shall provide for the training of their security guards and a refreshing course at least once in 3 years. 6) The Private security Company may engage civilian personnel in case sufficient training is provided to him. 7) All field staff of a Private Security Company to be employed/ deployed in the Province will have to be cleared by the Special

Branch of the Department. In case of employee from the tribal area, the verification will be carried out by the concerned Political Agent. 8) If any security guard of the Private Security Company is involved in theft, dacoity, robbery, murder, treason or anti-state activities, etc. the Private Security Company shall be held jointly and variously responsible and shall be liable to any legal action to be taken for it by the Competent authority and the competent authority shall have a vested right to cancel its license. 8. Fee Structure 1) The Company shall deposit refundable security amount of Rs. 200,000/= with the Government or bank guarantee of equal amount. 2) The Private Security Company shall pay an amount of Rs. 50,000/= to the Government as License Fee. 3) The Private Security Company shall also pay an amount of Rs. 25,000/= as yearly renewal fee to the Government. 9. Weapons 1) The competent authority shall decide the number of licenses to be issued to the Private Security Company for possession of arms; ammunition and other equipments necessary for their function. 2) While applying for licenses, the Private Security Company shall provide detail of weapons including caliber of weapons. 3) Generally number of licenses not be more than two third of the number of security guards of the concerned company. SECRETARY TO GOVERNMENT OF NWFP HOME AND TRIBAL AFFAIRS DEPARTMENT Endst. No. SO(F&M)HD/8-54/2003 Dated Peshawar the 20 th February 2003 Copy to:- 1. The Secretary Interior, Government of Pakistan, Islamabad. 2. The Chief Secretary, NWFP. 3. The Secretary, Home Department, Punjab, Sindh and Balochistan. 4. The Secretary Law Department, NWFP.

5. The Inspector General of Police, NWFP. 6. All DIG s in NWFP. 7. All DCO s in NWFP. 8. The Director Information and Publications, NWFP. 9. PS to Secretary Home, NWFP. (Muhammad Idress) Section Officer (Foreign) Home & Tribal Affairs Department