PUNJAB SECURITY OF VULNERABLE ESTABLISHMENTS ACT 2015

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 06e44f8905eda0507b51929150da8be20f85eb6ba17168b47ae15af3ab7068bb.

THE PUNJAB SECURITY OF VULNERABLE
ESTABLISHMENTS ACT 2015
(XIV of 2015)
CONTENTS
1. Short title, extent and commencement
2. Definitions
3. Security Advisory Committee
4. Functions of the Committee
5. Vulnerable establishments
6. Advice by the Committee
7. Security of vulnerable establishments
8. Security of public places
9. Inspection by Police
10. Warning
11. Sealing of the vulnerable establishment
12. Appeal
13. Manager to provide evidence
14. Penalty
15. Cognizance and summary trial
16. Compounding of offence
17. Bar of jurisdiction
18. Annual Report
19. In addition to other laws
20. Power to make rules
21. Repeal and savings
22. Repeal
TEXT
1
THE PUNJAB SECURITY OF VULNERABLE ESTABLISHMENTS ACT
2015
(XIV of 2015)
[18th March, 2015]
An
Act
to provide for effective security arrangements of vulnerable establishments.
Whereas it is expedient to make arrangements for the security of vulnerable
establishments inter alia to prevent acts of terrorism and other crimes, to obtain
evidence by use of modern devices for investigation and prosecution of offences,
and to deal with ancillary matters;
It is enacted as follows:–
1. Short title, extent and commencement .– (1) This Act may be cited as the
Punjab Security of Vulnerable Establishments Act 2015.
(2) It extends to whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.– In this Act:
(a) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);
(b) “Committee” means the Security Advisory Committee constituted under
section 3 of the Act;
(c) “District Coordination Officer” means the District Coordination Officer of
the district;
(d) “Government” means Government of the Punjab;
(e) “Head of District Police” means the Capital City Police Officer, a City
Police Officer or a District Police Officer;
(f) “manager” means the owner or occupant of a vulnerable establishment
and includes a person who is employed or authorized by the owner or
occupant for the management of the vulnerable establishment;
(g) “prescribed” means prescribed by the rules made under the Act;
(h) “security arrangements” mean effective physical and technical security
arrangements including installation and proper functioning of closed
circuit television cameras, bio -metric system, walkthrough gates,
security alarm and other modern gadgetries; and
(i) “vulnerable establishment” means a place of worship or any other
religious place, sensitive office of the Government, Federal
Government, non -governmental organization or foreign project,
1This Act was passed by the Punjab Assembly on 6 th March, 2015; assented to by the Governor of the Punjab on 17 th March,
2015; and was published in the Punjab Gazette (Extraordinary), dated 18th March, 2015, Pages 3417-3420.
hospital, bank, money changer, financial institution, office of firm or
company, industrial unit, educational institution, public park, private
clinic, wedding hall, petrol or CNG station, jewelry shop, hotel,
amusement or entertainment center, public transport terminal, special
bazaar, commercial street, shop or s hopping arcade notified under the
Act.
3. Security Advisory Committee.– (1) The District Coordination Officer shall, in
each sub-division, constitute a Security Advisory Committee consisting of the Sub -
divisional Police Officer as the Chairperson and the following members:
(a) a representative of the district administration in BS-16 or above;
(b) an officer from Special Branch of the Police in BS-16 or above;
(c) an officer from Counter Terrorism Department in BS-16 or above; and
(d) three representatives of the traders and other stakeholders.
(2) A member of the Committee, other than an ex officio member, shall
hold office for a term of one year but the District Coordination Officer may again
nominate him for like term.
(3) A member of the Committee, other than an ex officio member, may
submit his resignation to the District Coordination Officer and the District
Coordination Officer may nominate another member in his place for the residuary
term.
(4) An act or proceedings of the Committee shall not be invali d merely for
reason of any vacancy or defect in the constitution of the Committee.
(5) The Committee shall meet at least once in a month at such time and
place as may be determined by the Chairperson.
(6) The Committee shall observe such procedure with reg ard to
transaction of business at its meetings or otherwise as may be prescribed and until
so prescribed as the Chairperson determines.
4. Functions of the Committee.– (1) The Committee shall:
(a) identify and recommend the establishments for notification as
vulnerable establishments;
(b) inspect a vulnerable establishment on quarterly basis;
(c) issue advice, in writing, to the manager of a vulnerable establishment
for such security arrangements as may be necessary on the basis of
threat perception, resour ces at the disposal of the establishment and
other related factors; and
(d) send report to the District Coordination Officer and Head of District
Police in case of non-compliance of any advice.
(2) The Committee may constitute a sub -committee and assign th e
function of quarterly inspection of vulnerable establishments to such sub-committee.
5. Vulnerable establishments .– (1) The Committee shall identify and
recommend to the District Coordination Officer an establishment for notification as a
vulnerable establishment.
(2) The District Coordination Officer may, by notification, declare any
establishment as a vulnerable establishment and shall maintain a list of the
vulnerable establishments and shall issue updated list on annual basis.
(3) The District Coordin ation Officer may, by notification on the
recommendation of the Committee or otherwise, exclude a vulnerable establishment
from the list of vulnerable establishments.
(4) The District Coordination Officer shall provide a copy of the list and the
revised li st of vulnerable establishments to the Government, the Head of District
Police and all the Assistant Commissioners in the district.
6. Advice by the Committee .– (1) The Committee shall issue advice for
security arrangement to the manager of such an establi shment and the manager
shall make necessary security arrangements as per advice of the Committee within
such reasonable time as the Committee determines.
(2) Subject to subsection (3), the Committee shall review its advice on
annual basis and may, if neces sary, issue revised advice to the manager of a
vulnerable establishment and the manager shall implement the revised advice within
such time as the Committee determines.
(3) The Committee, if the circumstances so justify, may issue revised
advice to the manager of a vulnerable establishment even before the completion of a
year and the manager shall implement the advice within such time as the Committee
determines.
7. Security of vulnerable establishments .– The manager of a vulnerable
establishment shall ma ke appropriate and sufficient security arrangements for the
protection of the vulnerable establishment and shall comply with the advice of the
Committee within the time specified in the advice.
8. Security of public places.– The local government or any other local authority
shall ensure clearance of roads, streets from debris or construction material,
managing of filth depots on daily basis, covering manholes and removing broken
water supply pipes so that no explosive materials may be concealed at any such
place.
9. Inspection by Police.– The Police Officer incharge of the Police Station may,
at any time, inspect any vulnerable establishment and submit his report to the
Chairperson of the Committee under intimation to the District Coordination Officer
and Head of District Police.
10. Warning.– (1) If the Committee is satisfied on the basis of information
received from any source or from the inspection report of the sub -committee or the
Police Officer incharge of the Police Station that the security arrangem ents as per
advice of the Committee have not been carried out at a vulnerable establishment,
the Committee may issue a written warning to the manager of the vulnerable
establishment specifying specific violation of its advice.
(2) The manager of the vulnerable establishment shall, within such time as
is mentioned in the letter of warning, implement the advice of the Committee.
11. Sealing of the vulnerable establishment .– (1) If the manager of a
vulnerable establishment fails to implement the advice of the Committee within the
stipulated time, the Committee may direct complete or partial sealing of the
vulnerable establishment or suspension of its operations till the time the advice is
fully implemented and satisfactory security arrangements are made or the manager
undertakes in writing to do so within such further time as the Committee may allow.
(2) The Police Officer incharge of the Police Station shall implement the
direction of the Committee under this section and, for the purpose, use such force as
may be necessary.
12. Appeal.– (1) The manager of a vulnerable establishment may, within three
days from the receipt of advice, warning or direction of sealing or suspension of
operations of the vulnerable establishment, prefer an appeal against the advice,
warning or direction of sealing or suspension of operations to the District Intelligence
Committee as may be notified by the Government.
(2) The District Intelligence Committee shall, after affording opportunity of
personal hearing to the appellant and the r epresentative of the Committee, pass
such order as is deemed necessary and such order shall be final.
(3) The District Intelligence Committee shall dispose of the appeal as soon
as may be but not later than seven days and shall immediately communicate the
decision to the appellant and the Committee.
(4) The manager of a vulnerable establishment shall implement the advice
of the Committee in the light of the order of the District Intelligence Committee within
such time as is allowed by the District Intelligence Committee.
13. Manager to provide evidence .– The manager of a vulnerable establishment
shall provide such evidence of offence as is obtained through security arrangements
of the vulnerable establishment to the police or any other investigation agency.
14. Penalty.– If a person knowingly contravenes the provision of section 10 or
fails to implement the direction issued under section 11  and section 12 or fails to
abide by his undertaking given under section 11 or fails to furnish evidence to the
investigation agency under section 13, he shall be liable to punishment of
imprisonment which may extend to six months and fine which shall not be less than
fifty thousand rupees but shall not exceed one hundred thousand rupees.
15. Cognizance and summary trial .– (1) An offence under this Act shall be
cognizable and non-bailable.
(2) A Magistrate of the first class shall conduct the trial of an offence under
this Act in accordance with the provisions of Chapter XXII of the Code relating to the
summary trials.
16. Compounding of offence.– (1) Subject to subsection (2), the Government or
an officer of the Government specifically authorized in this behalf may, at any stage,
compound an offence under this Act subject to the deposit of administrative penalty
which shall not be less than fifty thousand rupees.
(2) The offence under this Act shall not be compoundable if the accused
had been previously convicted under the Act or his previous offence had been
compounded by the Government or the officer authorized by the Government.
17. Bar of jurisdiction .– No court shall entertain any suit or application against
any proceedings taken, direction or order made under this Act.
18. Annual Report .– (1) Every Head of District Police shall send a monthly
implementation report to the Government under this Act.
(2) The Government shall, before 31 March each year, submit a
consolidated implementation annual report in the Provincial Assembly of the Punjab
relating to the preceding year containing summary of the activities and
recommendations for implementation of the Act.
19. In addition to other laws .– The provisions of this Act shall be in addition to
and not in derogation of any other law.
20. Power to make rules .– The Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Act.
21. Repeal and savings .– (1) The Punjab Shops and Establishments (Security)
Act, 1999 (II of 1999) is hereby repealed.
(2) Notwithstanding the repeal of the Punjab Shops and Establishments
(Security) Act, 1999 (II of 1999) , anything done or action taken under the repealed
Act, shall have the effect as if the thing is done or action taken under this Act.
22. Repeal.– The Punjab Security of Vulnerable Establishments Ordinance, 2015
(I of 2015) is hereby repealed.