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  "title": "PUNJAB SECURITY OF VULNERABLE ESTABLISHMENTS ACT 2015",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UWRRZlFiUGA-",
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  "text": "THE PUNJAB SECURITY OF VULNERABLE\r\nESTABLISHMENTS ACT 2015\r\n(XIV of 2015)\r\nCONTENTS\r\n1. Short title, extent and commencement\r\n2. Definitions\r\n3. Security Advisory Committee\r\n4. Functions of the Committee\r\n5. Vulnerable establishments\r\n6. Advice by the Committee\r\n7. Security of vulnerable establishments\r\n8. Security of public places\r\n9. Inspection by Police\r\n10. Warning\r\n11. Sealing of the vulnerable establishment\r\n12. Appeal\r\n13. Manager to provide evidence\r\n14. Penalty\r\n15. Cognizance and summary trial\r\n16. Compounding of offence\r\n17. Bar of jurisdiction\r\n18. Annual Report\r\n19. In addition to other laws\r\n20. Power to make rules\r\n21. Repeal and savings\r\n22. Repeal\r\nTEXT\r\n1\r\nTHE PUNJAB SECURITY OF VULNERABLE ESTABLISHMENTS ACT\r\n2015\r\n(XIV of 2015)\r\n[18th March, 2015]\r\nAn\r\nAct\r\nto provide for effective security arrangements of vulnerable establishments.\r\nWhereas it is expedient to make arrangements for the security of vulnerable\r\nestablishments inter alia to prevent acts of terrorism and other crimes, to obtain\r\nevidence by use of modern devices for investigation and prosecution of offences,\r\nand to deal with ancillary matters;\r\nIt is enacted as follows:–\r\n1. Short title, extent and commencement .– (1) This Act may be cited as the\r\nPunjab Security of Vulnerable Establishments Act 2015.\r\n(2) It extends to whole of the Punjab.\r\n(3) It shall come into force at once.\r\n2. Definitions.– In this Act:\r\n(a) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);\r\n(b) “Committee” means the Security Advisory Committee constituted under\r\nsection 3 of the Act;\r\n(c) “District Coordination Officer” means the District Coordination Officer of\r\nthe district;\r\n(d) “Government” means Government of the Punjab;\r\n(e) “Head of District Police” means the Capital City Police Officer, a City\r\nPolice Officer or a District Police Officer;\r\n(f) “manager” means the owner or occupant of a vulnerable establishment\r\nand includes a person who is employed or authorized by the owner or\r\noccupant for the management of the vulnerable establishment;\r\n(g) “prescribed” means prescribed by the rules made under the Act;\r\n(h) “security arrangements” mean effective physical and technical security\r\narrangements including installation and proper functioning of closed\r\ncircuit television cameras, bio -metric system, walkthrough gates,\r\nsecurity alarm and other modern gadgetries; and\r\n(i) “vulnerable establishment” means a place of worship or any other\r\nreligious place, sensitive office of the Government, Federal\r\nGovernment, non -governmental organization or foreign project,\r\n1This Act was passed by the Punjab Assembly on 6 th March, 2015; assented to by the Governor of the Punjab on 17 th March,\r\n2015; and was published in the Punjab Gazette (Extraordinary), dated 18th March, 2015, Pages 3417-3420.\r\nhospital, bank, money changer, financial institution, office of firm or\r\ncompany, industrial unit, educational institution, public park, private\r\nclinic, wedding hall, petrol or CNG station, jewelry shop, hotel,\r\namusement or entertainment center, public transport terminal, special\r\nbazaar, commercial street, shop or s hopping arcade notified under the\r\nAct.\r\n3. Security Advisory Committee.– (1) The District Coordination Officer shall, in\r\neach sub-division, constitute a Security Advisory Committee consisting of the Sub -\r\ndivisional Police Officer as the Chairperson and the following members:\r\n(a) a representative of the district administration in BS-16 or above;\r\n(b) an officer from Special Branch of the Police in BS-16 or above;\r\n(c) an officer from Counter Terrorism Department in BS-16 or above; and\r\n(d) three representatives of the traders and other stakeholders.\r\n(2) A member of the Committee, other than an ex officio member, shall\r\nhold office for a term of one year but the District Coordination Officer may again\r\nnominate him for like term.\r\n(3) A member of the Committee, other than an ex officio member, may\r\nsubmit his resignation to the District Coordination Officer and the District\r\nCoordination Officer may nominate another member in his place for the residuary\r\nterm.\r\n(4) An act or proceedings of the Committee shall not be invali d merely for\r\nreason of any vacancy or defect in the constitution of the Committee.\r\n(5) The Committee shall meet at least once in a month at such time and\r\nplace as may be determined by the Chairperson.\r\n(6) The Committee shall observe such procedure with reg ard to\r\ntransaction of business at its meetings or otherwise as may be prescribed and until\r\nso prescribed as the Chairperson determines.\r\n4. Functions of the Committee.– (1) The Committee shall:\r\n(a) identify and recommend the establishments for notification as\r\nvulnerable establishments;\r\n(b) inspect a vulnerable establishment on quarterly basis;\r\n(c) issue advice, in writing, to the manager of a vulnerable establishment\r\nfor such security arrangements as may be necessary on the basis of\r\nthreat perception, resour ces at the disposal of the establishment and\r\nother related factors; and\r\n(d) send report to the District Coordination Officer and Head of District\r\nPolice in case of non-compliance of any advice.\r\n(2) The Committee may constitute a sub -committee and assign th e\r\nfunction of quarterly inspection of vulnerable establishments to such sub-committee.\r\n5. Vulnerable establishments .– (1) The Committee shall identify and\r\nrecommend to the District Coordination Officer an establishment for notification as a\r\nvulnerable establishment.\r\n(2) The District Coordination Officer may, by notification, declare any\r\nestablishment as a vulnerable establishment and shall maintain a list of the\r\nvulnerable establishments and shall issue updated list on annual basis.\r\n(3) The District Coordin ation Officer may, by notification on the\r\nrecommendation of the Committee or otherwise, exclude a vulnerable establishment\r\nfrom the list of vulnerable establishments.\r\n(4) The District Coordination Officer shall provide a copy of the list and the\r\nrevised li st of vulnerable establishments to the Government, the Head of District\r\nPolice and all the Assistant Commissioners in the district.\r\n6. Advice by the Committee .– (1) The Committee shall issue advice for\r\nsecurity arrangement to the manager of such an establi shment and the manager\r\nshall make necessary security arrangements as per advice of the Committee within\r\nsuch reasonable time as the Committee determines.\r\n(2) Subject to subsection (3), the Committee shall review its advice on\r\nannual basis and may, if neces sary, issue revised advice to the manager of a\r\nvulnerable establishment and the manager shall implement the revised advice within\r\nsuch time as the Committee determines.\r\n(3) The Committee, if the circumstances so justify, may issue revised\r\nadvice to the manager of a vulnerable establishment even before the completion of a\r\nyear and the manager shall implement the advice within such time as the Committee\r\ndetermines.\r\n7. Security of vulnerable establishments .– The manager of a vulnerable\r\nestablishment shall ma ke appropriate and sufficient security arrangements for the\r\nprotection of the vulnerable establishment and shall comply with the advice of the\r\nCommittee within the time specified in the advice.\r\n8. Security of public places.– The local government or any other local authority\r\nshall ensure clearance of roads, streets from debris or construction material,\r\nmanaging of filth depots on daily basis, covering manholes and removing broken\r\nwater supply pipes so that no explosive materials may be concealed at any such\r\nplace.\r\n9. Inspection by Police.– The Police Officer incharge of the Police Station may,\r\nat any time, inspect any vulnerable establishment and submit his report to the\r\nChairperson of the Committee under intimation to the District Coordination Officer\r\nand Head of District Police.\r\n10. Warning.– (1) If the Committee is satisfied on the basis of information\r\nreceived from any source or from the inspection report of the sub -committee or the\r\nPolice Officer incharge of the Police Station that the security arrangem ents as per\r\nadvice of the Committee have not been carried out at a vulnerable establishment,\r\nthe Committee may issue a written warning to the manager of the vulnerable\r\nestablishment specifying specific violation of its advice.\r\n(2) The manager of the vulnerable establishment shall, within such time as\r\nis mentioned in the letter of warning, implement the advice of the Committee.\r\n11. Sealing of the vulnerable establishment .– (1) If the manager of a\r\nvulnerable establishment fails to implement the advice of the Committee within the\r\nstipulated time, the Committee may direct complete or partial sealing of the\r\nvulnerable establishment or suspension of its operations till the time the advice is\r\nfully implemented and satisfactory security arrangements are made or the manager\r\nundertakes in writing to do so within such further time as the Committee may allow.\r\n(2) The Police Officer incharge of the Police Station shall implement the\r\ndirection of the Committee under this section and, for the purpose, use such force as\r\nmay be necessary.\r\n12. Appeal.– (1) The manager of a vulnerable establishment may, within three\r\ndays from the receipt of advice, warning or direction of sealing or suspension of\r\noperations of the vulnerable establishment, prefer an appeal against the advice,\r\nwarning or direction of sealing or suspension of operations to the District Intelligence\r\nCommittee as may be notified by the Government.\r\n(2) The District Intelligence Committee shall, after affording opportunity of\r\npersonal hearing to the appellant and the r epresentative of the Committee, pass\r\nsuch order as is deemed necessary and such order shall be final.\r\n(3) The District Intelligence Committee shall dispose of the appeal as soon\r\nas may be but not later than seven days and shall immediately communicate the\r\ndecision to the appellant and the Committee.\r\n(4) The manager of a vulnerable establishment shall implement the advice\r\nof the Committee in the light of the order of the District Intelligence Committee within\r\nsuch time as is allowed by the District Intelligence Committee.\r\n13. Manager to provide evidence .– The manager of a vulnerable establishment\r\nshall provide such evidence of offence as is obtained through security arrangements\r\nof the vulnerable establishment to the police or any other investigation agency.\r\n14. Penalty.– If a person knowingly contravenes the provision of section 10 or\r\nfails to implement the direction issued under section 11  and section 12 or fails to\r\nabide by his undertaking given under section 11 or fails to furnish evidence to the\r\ninvestigation agency under section 13, he shall be liable to punishment of\r\nimprisonment which may extend to six months and fine which shall not be less than\r\nfifty thousand rupees but shall not exceed one hundred thousand rupees.\r\n15. Cognizance and summary trial .– (1) An offence under this Act shall be\r\ncognizable and non-bailable.\r\n(2) A Magistrate of the first class shall conduct the trial of an offence under\r\nthis Act in accordance with the provisions of Chapter XXII of the Code relating to the\r\nsummary trials.\r\n16. Compounding of offence.– (1) Subject to subsection (2), the Government or\r\nan officer of the Government specifically authorized in this behalf may, at any stage,\r\ncompound an offence under this Act subject to the deposit of administrative penalty\r\nwhich shall not be less than fifty thousand rupees.\r\n(2) The offence under this Act shall not be compoundable if the accused\r\nhad been previously convicted under the Act or his previous offence had been\r\ncompounded by the Government or the officer authorized by the Government.\r\n17. Bar of jurisdiction .– No court shall entertain any suit or application against\r\nany proceedings taken, direction or order made under this Act.\r\n18. Annual Report .– (1) Every Head of District Police shall send a monthly\r\nimplementation report to the Government under this Act.\r\n(2) The Government shall, before 31 March each year, submit a\r\nconsolidated implementation annual report in the Provincial Assembly of the Punjab\r\nrelating to the preceding year containing summary of the activities and\r\nrecommendations for implementation of the Act.\r\n19. In addition to other laws .– The provisions of this Act shall be in addition to\r\nand not in derogation of any other law.\r\n20. Power to make rules .– The Government may, by notification in the official\r\nGazette, make rules for carrying out the purposes of this Act.\r\n21. Repeal and savings .– (1) The Punjab Shops and Establishments (Security)\r\nAct, 1999 (II of 1999) is hereby repealed.\r\n(2) Notwithstanding the repeal of the Punjab Shops and Establishments\r\n(Security) Act, 1999 (II of 1999) , anything done or action taken under the repealed\r\nAct, shall have the effect as if the thing is done or action taken under this Act.\r\n22. Repeal.– The Punjab Security of Vulnerable Establishments Ordinance, 2015\r\n(I of 2015) is hereby repealed.",
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