PESHAWAR, Nov 15: Provincial Governor Iftikhar Hussain Shah has promulgated an ordinance for regulating and licensing of the private security companies.

The NWFP Private Security Companies Ordinance 2002, which was reportedly promulgated early this month, states that a private security firm could only operate if it is incorporated under the Companies Ordinance 1984.

According to the law, a person found running a security company without a proper licence could be sentenced to three-year imprisonment with fine of up to Rs2,00,000.

The government has made it mandatory for the security companies that their employees should wear a uniform which should not be similar to the uniform of the armed forces, police or any other civil forces.

Under Section 6 of the ordinance, whoever desires to engage in the business of maintaining a private security company shall, after getting registered his firm under the Companies Ordinance, apply to the officer concerned for the licence.

The government has placed certain restrictions on the issuance of the licence under the said ordinance, stating that a licence shall not be granted if satisfactory evidence has not been produced of the good moral character of the officers of the company holding managerial or executive positions, or if any of its officers has been convicted of an offence involving fraud or moral turpitude.

The licensing authority has been empowered to vary or revoke any of the conditions of a licence or impose any additional conditions thereto, under the directives of the government. The officer concerned may revoke a licence if he is satisfied that a licensee has ceased to carry on the business for which he has obtained the licence or has applied for liquidation, winding up of the company or the firm has been dissolved. His licence could also be cancelled if he has obtained the licence by providing false information in contravention of the provisions of the ordinance.

The provincial government has made it mandatory for the licensee that he shall not employ as a security guard or otherwise any person who had been convicted of any offence involving moral turpitude or dismissed from government service on charges of misconduct.

Under Section 15 of the new law, the licensing officer or the superintendent of the police may, either by himself or through an officer authorised by him in writing, inspect and search the main, zonal or local office of the licensee, and may also check the employees of the licensee, provided that such inspection, search or checking shall be conducted at least once in every three months.

The government will also frame rules for carrying out the purposes of this ordinance.