Security services company is a business organization, which provides armed and unarmed security services and expertise to private and public clients. Other security services such as roving patrol, bodyguard, and guard dog services are also included, but are existing at a limited scale of the industry.
Crime happens all the time. The increase in crime has developed a dire need for increased security in our country. One way of keeping our property safe is to hire a private security service. In Pakistan, there is a growing trend of the establishment of companies that are willing to providing private security services. A security service provider company is the one which provides security to various properties, offices and houses upon contract. Private Security Companies have been operating in our country under an administrative order issued by the Ministry of Interior in 1988.
A private security company is a security company which provides armed and unarmed security services and expertise to private and public clients. Private security companies are defined as companies primarily engaged in providing guard and patrol services, such as bodyguard, parking security and security guard services. Many of them will even provide advanced special operations services as per clients’ demand. These services can be broadly described as the protection of personnel as well as of assets.
The Private Security Companies will function in the Provinces under Provincial Ordinance and rules being framed in the light of the Ordinance issued by the Federal Government. The relevant legislations with regards to the province of Punjab are Companies listed below:
- The Punjab Private Security Regulation and Control) Ordinance, 2002
- Punjab Private Security Companies (Regulation and Control) Rules, 2003
Zafar and Associates-LLP helps to establish a Private Security Company which is defined in section 2(g) of the Ordinance as any company incorporated under the Companies Ordinance, 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 Authority.
For the purposes of this ordinance “Licencing Authority” means the Government of the Punjab or an officer nominated by Government to exercise all or any of the powers of the Licencing Authority
PROCEDURE TO GET LICENSE / NOC FOR SECURITY COMPANY REGISTRATION IN PAKISTAN
The applicants are required to register themselves with the Securities and Exchange Commission of Pakistan (SECP). The SECP will register the company after meeting the formalities. Complete sets of documents are sent by the SECP to Ministry of Interior for NOC. The process of issuance of NOC by Ministry of Interior normally takes three to four months.
The following list of documents are required:
- Memorandum and Article of Association of the Company showing authorized capital and paid-up capital of more than Rs. 10 Million (say at least Rs. 10.1 Million) if already filled with the SECP, it shall get revised where needed;
- Bank Statement(s) of all the (proposed) Directors combined should show a total amount of more than Rs. 10 million in the last three months w.e.f., date of application with the SECP;
- Profile of the Company as per Form specified by Ministry of Interior;
- CVs stating inter alia relevant security experience and expertise of the (proposed) Directors (at least one of whom should be retired employee of Armed Forces of Law Enforcement Agencies);
- Photographs of the proposed Directors;
- Copies of valid CNICs of the Proposed Directors;
- Copies of NTN Certificates of the (proposed) Directors;
- Proposed Employment Structure of the Company duly signed (proposed) Directors with the following details:
- Minimum wages / salaries, working hours and leave entitlements of guard;
- Compensation mechanism in case of illness, injury or death of guard(s) while on duty;
- Contributions to be made for benefit of the guards (EOBI, provident fund, gratuity, insurance, etc.);
- Pension and retirements benefits;
- Proposed locations for establishment of offices for operations and number of guards to be employed for the respective office operations, and
- Details of proposed number and type of weapons and other security gadgets.
- Affidavit duly attested by Oath Commissioner made by each (proposed) Directors affirming that:
- He is not dual national;
- He is not beneficiary of National Reconciliation Ordinance, 2007 (NRO)
- He has never been convicted for any offence other than minor offences (like traffic violation) by any court of law.
An application has to be made to the Licensing Authority for grant of license of a Private Security Company registered with SECP and gained the approval of the Ministry of Interior, Government of Pakistan. The application has to be accompanied with the information, documents and fee in the form and manner as may be prescribed.
The following documents are to be attached:
- Application to Home Secretary for licence to operate in the province;
- Incorporation Certificate from Securities & Exchange Commission of Pakistan;
- Memorandum & Articles of Association;
- Form 29 duly verified by the Securities & Exchange Commission of Pakistan;
- Bio-date of All Directors of the Company;
- CNICs and photographs of all the Directors;
- NTN Certificate of the Company;
- Antecedent verification report of the Director(s);
- Undertaking on Stamp Paper regarding restrictions mentioned in the Rules;
- Bank Account statement of the Company; and
- Proposed office address in the province.
The Licencing Authority can grant or refuse to grant the licence. Provided that reasons for refusal to grant a licence shall be recorded in writing and be communicated to the applicant.
The granted licence is 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.
The licence will only be granted if the applicant has produced satisfactory evidence that the partners and officers of the company are of good moral character and has not been involved in any fraud.
HOW TO RENEW THE LICENCE?
A licensee shall furnish annual performance report before the Licencing Authority on such form and within such period as may be prescribed.
The Licencing Authority shall, through a notification in the official Gazette, prescribe the fee payable for issuance of licence or renewal thereof.
AFTER THE GRANT OF LICENCE?
After obtaining the licence, the licensee can employ as many persons as he may think necessary to be security guards and members of staff. He is responsible for the good conduct of each and every employee and should made sure that he is the fit and proper person to be employed as a security guard. The licensee should not employ any person as a security guard who has been convicted of any offence involving fraud or moral turpitude.
Nobody should be employed as a security guard by the licensee 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 it’s no objection in writing to the recruitment of such security guard by the licensee.
Every licensee should maintain a list of all the persons employed by him with their full particulars and antecedents at the place of his business. The licensee should get the security guard registered at the local police station. He is also supposed to 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. The guards of Private Security Companies are required to be properly trained and equipped.