The security of vulnerable establishments act, 2015

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whereas it is expedient to make arrangement for the security of vulnerable establishment 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;

security advisory committee.

The district coordination officer shall, in each sub-division, constitution a security Advisory committee consisting of the sub-divisional Police Officer as the chairperson and the following members.

  1. A representative of the district administration in BS-16 or above.

  2. An officer from special branch of the police in BS-16 or above.

  3. An officer from counter terrorism department in BS-16 or above, and

  4. three representatives of the traders and other stakeholders.

  5. 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.

  6. A member of the committee, other than an ex-officio member may submit his resignation to the district coordination office and the district coordination officer may nominate another member in his place for the residuary term.

  7. An act or proceedings of the committee shall not be invalid merely for reason of any vacancy or defect in the constitution of the committee.

  8. The committee shall meet at least once in a month at such time and place as may be determined by the chairperson.

  9. The committee shall observe such procedure with regard to transaction of business at its meetings or otherwise as may be prescribed and until so prescribed as the chairperson determines.

Functions of the committee.

The committee shall;

  • identify and recommend the establishments for notification as vulnerable establishments;

  • inspect a vulnerable establishment on quarterly basis;

  • 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 resources at the disposal of the establishment and other related factors and

  • send report to the district coordination officer and head of district police in case of non-compliance of any advice.

  • The committee may constitute a sub-committee and assign the function of quarterly inspection of vulnerable establishments to such sub-committee.

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 in-charge of the police station that the security arrangements 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. The manager of the vulnerable establishment shall within such time as is mentioned in the letter of warning, implement the advice of the committee.

Appeal.

  • 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.

  • 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.

  • The district intelligence committee shall after affording opportunity of personal hearing to the appellant and the representative of the committee pass such order as is deemed necessary and such order shall be final.

  • 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.

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.

Penalty.

If a person knowingly contravenes the provision of section 10 or fails to implement the direction issued under section 11 and 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 less than fifty thousand rupees but shall not exceed one hundred thousand rupees.

An offence shall be cognizable and non-cognizable.

A magistrate of the first class shall conduct the trial of an offence under this act in accordance with the provisions of the chapter XXII of the code relating to the summary trials.

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 less than fifty thousand rupees. The offence under this act shall not be compoundable if the accused had been previously convicted under this act or his previous offence had been compounded by the government or the officer authorized by the government.

No court shall entertain any suit or application against any proceedings taken, direction or order made under this act.

Every head of district police shall send a monthly 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.

The government may by notification in the official gazette make rules for carrying out the purposes of this act.

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