In the wake of precarious security situation in the provincial capital and other parts of Khyber Pakhtunkhwa the provincial government recently introduced three laws for checking the misuse of hotels and rented buildings and improving security arrangements at sensitive and vulnerable places.

Khyber Pakhtunkhwa Governor Shaukatullah promulgated the Khyber Pakhtunkhwa Sensitive and Vulnerable Establishments and Places (security) Ordinance 2014 on Feb 7, whereas the Khyber Pakhtunkhwa Hotels Restriction (security) Ordinance 2014 and the Khyber Pakhtunkhwa Restriction of Rented Buildings (security) Ordinance 2014 were promulgated on Feb 4.

The law related to sensitive places was introduced after the blasts targeting Picture House Cinema on Feb 2, which had left five persons dead.

This law defines a “sensitive establishments and places” as sensitive government or non-government institutions, religious places, offices of NGOs, and foreign projects or any other office, institution or place as government may declare as sensitive establishment and place.

A “vulnerable establishment and places” include hospitals, banks, money changers, financial institutions, firms, companies, industrial units, educational institutions, public parks, private clinic, wedding halls, petrol and CNG stations, jewellery shops, hotels (three stars and above), any amusement or entertainment centres, public transport terminals, special bazaars, commercial streets, shops or shopping arcades, or any other place as government may, from time to time, notify.

The law defines “security arrangements” as both physical and technical arrangement, including provision of CCTV cameras, biometric system, walkthrough gates, security alarm and modern gadgetry.

The ordinance has made it binding on all vulnerable establishments to make appropriate and sufficient security arrangements for themselves.

The head or management of any sensitive or vulnerable establishment, who acts in violation of the provision of this law, should be punishable up to one year or up to Rs40,000 fine or both.

In case the offence is of continuous nature such sensitive or vulnerable place should be kept sealed till the order is complied with.

This law provides that for the purpose of security of sensitive establishment, the provincial home department should constitute, at each district level, a security advisory committee, comprising an assistant commissioner to be nominated by the concerned deputy commissioner, a deputy superintendent of police, an officer of the special branch police not below the rank of BPS-17 and a technical expert.

The said committee has multiple functions including to identify and categorise the sensitive places; to inspect the sensitive places on quarterly basis; to issue advice in writing to the head or management of the sensitive place for such security arrangements as they deem appropriate; to send its report to the head of the district police for noncompliance of its advice; and to send recommendation to government through the head of the district police, for the notification of sensitive establishment.

It is binding on the government to notify the sensitive establishments and categorise them according to threat perception on the recommendation of the committee.

Similarly, the Khyber Pakhtunkhwa Hotels Restriction (security) Ordinance, 2014, provides mechanism for monitoring the hotels and guests staying in hotels so as to counter terrorism and combat crimes in the province.

The law makes it binding on hotel owner, management or lessee to provide details of the hotel to the local police within seven days of the promulgation of the ordinance following which the SHO of the police station concerned should issue hotel acknowledgement receipt to him.

The owner or management of the hotel shall not allow any guest to stay in hotel unless he is satisfied with the credentials of the guest intending to stay.

It is also binding on the management to properly check luggage or baggage of the guests so as to ensure that it does not contain any explosive material or arms or ammunition, hate and seditious material.

Furthermore, the management shall be responsible to intimate information of the guests to local police on daily basis. A person violating the provisions of this law could be sentenced up to one year imprisonment or fine, or both.

The Khyber Pakhtunkhwa Restriction of Rented Buildings (security) Ordinance is almost identical to the law related to hotels. In the law a “rented building” means any building which is given or rent and includes private hostels and student hostels.

The law has made it mandatory on a landlord to make the agreement in writing on legal document when he agrees to allow any person to occupy his rented building.

Within three days of signing of the agreement the landlord, the lessee or his manager shall provide required information to the police station including attested copy of the rent agreement; particulars of the male members above the age of 14 years living or residing with the tenant; etc.

After satisfying himself the in charge of the police station shall issue “tenant acknowledgment receipt” to the landlord.