Decree No. (230) of 1991 on the internal regulation of the Public Facility and Establishment Security Authority

General People’s Committee for Justice

Decree No. (230) of 1991

on the internal regulation of the Public Facility and Establishment Security Authority

The General People’s Committee for Justice

Upon review of:

• Law No. (6) of 1972 on the police;
• Civil Service Code issued by virtue of Law No. (55) of 1976;
• Law No. (15) of 1981 on the system of salaries for national employees in the Great Socialist People’s Libyan Arab Jamahiriya;
• Law No. (13) of 1999 on people’s committees;
• General People’s Committee Decree No. (1160) of 1990 on the organisation of the Secretariat of Justice;
• General People’s Committee Decree No. (1186) of 1990 on establishing the Public Facility and Establishment Security Authority;
• The proposal of the Undersecretary of Judicial and Legal Affairs and the Undersecretary of Security Affairs.

has decreed:

Article (1)

The Public Facility and Establishment Security Authority is a statutory civilian body subordinate to the General People’s Committee for Justice that shall enjoy legal personality and independent financial liability. It shall be composed of officers, non-commissioned officers, and enlisted personnel.

The Authority may employ persons other than police officers for the purpose of securing the buildings and residential units that the Authority has agreed to guard with natural persons.

The General People’s Committee for Justice shall issue a decree to specify the rules for employing these persons, the method and procedures of guarding, and the monetary consideration therefor.

Article (2)

The Authority shall be responsible for performing the functions of guarding, maintaining security and public order, preventing and apprehending crimes, protecting persons and properties in standalone authorities, institutions, departments, and agencies, as well as those in companies, establishments, and buildings in accordance with the contracts the Authority enters into with the aforementioned bodies and with the conditions and rules stipulated by this regulation.

Article (3)

The Authority shall perform the competencies assigned thereto by virtue of General People’s Committee Decree No. (1186) of 1990, and the provisions of this regulation. It shall receive a monetary consideration therefor that shall be specified while taking the following rules and bases into consideration:

1. The importance of the facility that is to be guarded.
2. The distance or proximity of the facility to inhabitated areas and the availability of means of communication therewith.
3. The type of activity in which the facility engages.
4. The level of expected danger to which the facility is exposed either due to the type of activity in which it engages, the importance of its location, or the service it provides.
5. The availability of natural protection for the facility.

In all cases, the items of the monetary consideration shall be composed of the following:

1. The salaries and other bonuses of the guards and the monetary benefits awarded thereto in conformity with the required number of guards, which shall be determined by the Authority.
2. The monetary sums necessary for daily consumption, such as means of transport, weapons, supplies, clothing, means of communication, and reserve guard salaries.
3. The consideration for the service provided by the Authority, which shall be specified by virtue of a decree issue by the General People’s Committee for Justice.

Article (4)

The monetary consideration shall be paid in accordance with the bases stipulated in the previous article on a yearly basis and in accordance with the following:

1. 50% upon signing the contract.
2. 50% within four months of the date the contract was signed.

Article (5)

The Authority shall provide care for specialist officers in the functions of guarding and establishment security.

The responsibilities thereof shall be determined by virtue of the responsibility of police officers in accordance with the provisions of the aforementioned Law No. (6) of 1972.

Article (6)

Members of the Public Facility and Establishment Security Authority, while carrying out their professional duties, shall carry out the functions of judicial officers in accordance with the regulations stipulated in Law No. (6) of 1972 on police and the Code of Criminal Procedure.

Article (7)

The ranks of members of the Public Facility and Establishment Security Authority shall be equivalent to the prescribed ranks of their police officer counterparts.

Article (8)

Members of the Public Facility and Establishment Security Authority shall wear the uniform and rank insignia determined by virtue of a decree issued the General People’s Committee for Justice on the basis of a proposal by the Authority president.

Article (9)

Members of the Public Facility and Establishment Security Authority shall undertake the same duties as police officers within the limits of the Authority’s competencies. They shall be subject to the same prohibitions prescribed for their police officer equivalents.

Article (10)

Members of the Public Facility and Establishment Security Authority shall implement all of the functions assigned thereto and at any place determined by the Authority. They shall be subject to all procedures of accountability, investigation, disciplinary penalties, and summary trials to which police offers are subject. The Authority president shall have the competencies and powers of an undersecretary as stipulated in Law No. (6) of 1972 on police.

The directors of Authority branches in municipalities shall have the powers of the competent director stipulated in the Police Law, within the limits of the competencies assigned to the branches.

Article (11)

The provisions of Law No. (6) of 1972 on police and Law No. (15) of 1981 on the system of salaries for national employees in the Great Socialist People’s Libyan Arab Jamahiriya shall apply to appointments, determining ranks and promotions, yearly reports, bonuses, salaries, other monetary benefits, transfer, delegation, secondment, leaves, and termination of service.

Article (12)

Appointment to the Authority shall start with the rank of private by virtue of a decree from the Authority president. Exemption from this condition is permitted by virtue of a decree from the Secretary of the General People’s Committee for Justice.

Article (13)

The Authority shall be responsible for fulfilling its need in terms of facility and establishment security guards in accordance with the conditions that must be met by guards, and on condition of completion of the training course convened therefor.

Article (14)

The Authority’s organisational structure shall be composed of:

1. General Directorate for Planning and Training.
2. General Directorate for Administrative Affairs.
3. General Directorate for Financial Affairs and Contracts.
4. Follow-Up Office
5. Authority branches in the municipalities.

Article (15)

The General Directorate for Planning and Training shall have the following competencies:

1. Tally and classify active facilities and establishments and determine the need thereof for guards.
2. Specify the methods, procedures, and regulations followed to secure and guard facilities and establishments in general, and the active ones in particular.
3. Propose the necessary systems, procedures, and conditions for selecting and employing facility and establishment security personnel.
4. Propose the necessary plans for the Authority’s needs in terms of means, supplies, tasks, equipment, and human resources.
5. Prepare the necessary plans and programs for training.
6. Prepare training programs for Authority employees, announce them and coordinate therefor with the other relevant entities.

Article (16)

The General Directorate for Administrative Affairs shall have the following competencies:

1. Perform service affairs functions for Authority employees, maintain employees’ personal files, prepare cadres, organise and classify positions yearly, and take employee affairs procedures in conformity with the legislation in force.
2. Organise and monitor the attendance and absence of employees, prepare daily shift tables and supervise and oversee the implementation thereof, and notify of any delinquency in this regard.
3. Archive affairs functions in the Authority.
4. Printing and copying functions.
5. Public relations and administrative awareness functions.
6. Vehicle, maintenance and service affairs.

Article (17)

The General Directorate for Financial Affairs and Contracts shall have the following competencies:

1. Prepare the draft budget for the Authority, maintain the necessary records therefor, and oversee spending from budget items in accordance with the legislation and financial regulations in force.
2. Prepare slips for salaries and other dues, complete the procedures for the spending thereof.
3. Collect and monitor all of the Authority’s revenues.
4. Perform the functions of contract affairs, procurement, and storage affairs.
5. Oversee, classify, and archive financial affairs related to the contracts entered into by the Authority.

Article (18)

The Follow-Up Office shall have the following competencies:

1. Coordinate between the Authority’s directorates and branches to overcome technical and organisational difficulties that arise from implementing its duties, overseeing its functions, and preparing periodic reports in its regard.
2. Coordinate between the Authority’s general directorates and branches to implement programs that aim to accomplish the practical applications of the facility and establishment security system.
3. Participate in preparing the procedures and regulations followed to ensure and guard the facilities and establishments that are to be guarded in the branches.

Article (19)

The Authority branches in the municipalities shall be responsible for supervising the functions of guarding the facilities and establishments in accordance with the contracts entered into by the Authority, and within the limits of the competencies and powers granted thereto by virtue of the decrees issued by the Authority president within the scope of each municipality.

Article (20)

Police officers may be delegated from and to the Authority upon the approval of both entities, with the functions of guarding the facilities and establishments to be determined by virtue of a decree issued by the General People’s Committee for Justice.

Article (21)

The General People’s Committee for Justice may delegate some police officers to work in the Authority on a full-time basis. The General People’s Committee for Justice shall bear responsibility for their salaries and all monetary benefits granted thereto in accordance with the Police Law, the decision to establish the Authority, and the provisions of this regulation.

Article (22)

Facility and establishment guards shall be awarded a nature of work bonus on the basis of a monthly remuneration. The value or percentage thereof shall be determined by a decree issued by the General People’s Committee for Justice. This bonus shall only be awarded to those who have performed the functions of actual guarding. It shall be withdrawn therefrom if they refuse to guard, or are delegated or reassigned.

Article (23)

The Authority president shall prepare the schedules for determining training expenses, salaries, bonuses and other monetary benefits granted thereto, and the uniform allowance, as well as the Authority’s fees and other expenses incurred thereby. This shall be in accordance with the regulations and principles stipulated in Article (3) of this regulation. These schedules shall be presented to the General People’s Committee for Justice for approval.

Article (24)

Subject to the provisions of this regulation, the Authority president shall be granted all competencies and powers granted to the undersecretary and the Police Affairs Council, as determined in Law No. (6) of 1972 on police, and within the limits of the competencies and powers prescribed for the Authority.

The director of an Authority branch in the municipality shall also be granted all competencies and powers granted to the competent director stipulated in the Police Law, and within the limits of the branch’s competencies.

Article (25)

The Authority’s internal divisions and the distribution of their competencies shall be determined by virtue of a decree issued by the Authority president.

Article (26)

This decree shall enter into force from its date of issuance and shall be published in the Official Gazette.

General People’s Committee for Justice – Libya

Issued on: 27 Shawwal 1400 FDP

Corresponding to: 11/05/1991 AD