EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 2049 CUTTACK, SATURDAY, NOVEMBER 02, 2019 / KARTIKA 11, 1941

HOME (SPECIAL SECTION) DEPARTMENT

NOTIFICATION

The 28th October, 2019

S.R.O. No.389/2019— In exercise of the powers conferred by sub-section (1) of

Section 25 of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005), the State

Government do hereby make the following rules, namely:—

1. Short title and commencement:— (1) These rules may be called the Odisha

Private Security Agencies (Private Security to Cash Transportation Activities) Rules,

2019,

(2) They shall come into force on the date of their publication in the Odisha

Gazette.

2. Definitions:—(1) In these rules, unless the context otherwise requires,—

(a) "Act" means the Private Security Agencies (Regulation) Act, 2005;

(b) ''ATM" means the automatic teller machine that dispenses cash or

performs other banking services when an account holder of any bank

inserts a Bank card therein;

Explanation: For the purposes of this clause, "Bank card" includes credit card or

debit card;

agency" means an agency or entity, by whatever name called, engaged in

cash transportation activities;

(d) "cash transportation activities" means the physical transfer of cash.

such as banknotes, coins, credit card, debit card or other items of

value from one location to another, and includes loading cash into, or

unloading cash from an ATM;

(e) "private security" or "private security agency" shall have the same meaning

as assigned to it in clause (f) or clause (g) of Section 2 of the Act; and

(f) "Schedule" means a Schedule appended to these rules.

(2) The words and expressions used herein but not defined in these Rules but are

defined in the Act, shall have the same meaning as respectively assigned to them in the

Act.

3. Private Security for cash transportation activities, etc.:— (1) No private

security shall be provided by any private security agency for cash transportation

activities unless it holds a license under the Act.

(2) For the purpose of providing private security for cash transportation activities, a

contract may be entered into between.—

(a) a private security agency holding a license under the Act and the bank

concerned; or

(b) A cash handling agency and the bank concerned:

Provided that in case the cash handling agency holds a license as

a private security agency under the provisions of the Act, such cash

handling agency may itself provide the private security to cash

transportation activities in accordance with the provisions of these rules.

4. Use of specially designed and fabricated cash van:— (1) No private

security agency shall provide private security or private security guards to a Bank or

a cash handling agency for cash transportation activities, unless such activities are

carried out in a secured cash van, which complies with the conditions for design and

specification specified in the First Schedule, owned by it or owned by the Bank or

the cash handling agency, as the case may be.

(2) No taxi or hired vehicle shall be used for cash transportation activities by

the private security agency:

Provided that a vehicle which is on long term contract with the private

security agency or Bank or cash handling agency and the vehicle complies with the

conditions for design and specification laid down under sub-rule (1) may be used by

the private security agency:

Provided further that in case of any remote location where private security

agencies are not present and not serviced by a currency chest, any vehicle at such

location may be used as an exception under the strict security control and support of

the local police.

5. Requisite number of trained staff per cash van:— (1) The private

security agency shall provide private security for the cash transportation activities

with the requisite number of trained staff, directly appointed or engaged by the

private security agency, as specified in sub-rule (2).

(2) Every cash van shall have the following minimum staff, possessing the

qualifications and training laid down under section 10 of the Act, on board for every

single cash transportation activity, namely:—

(i)

Driver — one;

(ii)

Armed security guards — two; and

(iii) ATM officer or custodian — two.

(3) The cash van shall always be escorted by at least two trained armed

security guards on board:

Provided that more than two armed security guards may be deputed on a

cash van depending on the amount of cash carried and in accordance with the

individual company's insurance guidelines or client contract or terrain of operation.

(4) Where the cash van is a medium motor vehicle, one armed guard shall sit

in the front along with the driver and another in the rear portion of the van and while

in transit, loading or unloading, nature's call, tea or lunch break, at least one armed

security guard shall remain present with the cash van all the time.

(5) Notwithstanding any other provision in these rules, ex-servicemen,

otherwise eligible, may preferably be appointed or engaged by the private security

agency for providing security for cash transportation activities.

6. Antecedent check of personnel:— (1) No private security agency shall

appoint or engage or deploy any personnel for the cash transportation activities,

unless such personnel have undergone thorough antecedent check and their proper

KYC verification and police verification is done, before appointing or engaging or

deploying them by the agency, in accordance with the provisions of the Act or any

other law for the time being in force.

Explanation.— For the purposes of this sub-rule, the expression "KYC"

means the know your customer process of an agency or business, identifying and

verifying the identity of its clients or person associated or to be associated with the

agency or business.

(2) Every private security agency shall be responsible to comply with the

following checks before an individual is appointed or engaged to participate in cash

transportation activities, namely:—

(a) Police Clearance Certificate— every individual shall obtain the Police

Clearance Certificate from his local police station before appointment or

engagement;

(b) Residence verification— the private security agency shall use its own

resources to conduct a physical verification of the residential address

of every individual, including general conduct check and the

individual shall furnish to the security agency the proof of residential

address of at least three years before appointment or engagement

for the cash transportation activities;

resources to conduct reference check with previous employers of the

individual, if any.

(d) Aadhaar verification— each individual appointed or engaged for

the cash transportation activities shall be antecedent verified

through Aadhaar number from the Unique Identification Authority

of India;

(e) Credit history check— the private security agency shall conduct a

credit history check of every individual appointed or engaged to

ensure that willful credit defaulters are not appointed or engaged

for the cash transportation activities; and

(f) Fidelity insurance—the private security agency shall obtain a

fidelity insurance in respect of every personnel appointed or

engaged for the cash transportation activities.

7. Adequate training and certification of personnel:—The private

security agency shall ensure that every personnel appointed or engaged for

cash transportation activities shall be imparted,—

(a) the training and certified for the security and safe handling of such

activities as per the requirements of training laid down in the Second

Schedule; and

(b) the refresher training once in every two years.

8. Live GPS tracking of cash van during operations:—(1) Every cash transportation

activity shall be carried out only in secured cash vans fitted with GPS tracking device.

Explanation.— For the purposes of this sub-rule, the expression "GPS"

means the global positioning system which is a space- based navigation system

that provides location and time information in all weather conditions, anywhere on

or near the Earth where there is an unobstructed line of sight to four or more GPS

satellites.

(2) The private security agency shall ensure that each cash van shall be

monitored at all times during cash transportation activities through a redundant

communications protocol.

9. Guideline for maximum cash carrying limit in a single cash van:— (1) The

private security agency involved in cash transportation activities shall ensure that no

cash van carries cash of more than five crore rupees per trip.

(2) The private security agency shall ensure that secured cash van shall be

deployed for carrying cash of more than ten lakh rupees per trip.

10. Specification for private cash vaults used for holding and overnight

vaulting of Bank currency:— (1) The private security agency shall ensure that all cash

handling, including counting, sorting, and bundling activities shall be carried out in secured

premises in accordance with the following guidelines, namely:—

(a) Location of private cash vault premises—the premises used for cash

handling activities shall be located to ensure safety of activities or

operations, including areas closer to bank's cash withdrawal centre or

police station and secluded areas with poor connectivity be avoided;

(b) Design of premises—the premises shall be designed to include two

physically independent areas, one for general office purpose and other for

secured cash processing and handling activities and it shall accommodate

space for cash deposit, collection, sorting, counting and delivery and

dispatch of cash in secured cash vans;

with the requirement of the Reserve Bank of India specified for cash

vaults in accordance with the following specifications; namely:—

(i)

in smaller cities with limited overnight vaulting requirements of less than

ten crore rupees, a strong room with defender safes;

(ii) at operation centres with overnight vaulting requirements between ten to

one hundred crore rupees, vaulting facility as per the norms of the

Reserve Bank of India specified for C Class vaults;

(iii) at large operation centres with overnight vaulting requirements of more

than one hundred crore rupees, increased vaulting facility in consultation

with the concerned Bank; and

(iv) all overnight vaulting facilities shall have provision to store currency of

multiple Banks in separate and exclusive bins.

(d) Security of cash vault—the private security agency shall ensure the following

security aspects at its cash vault used for secured handling of cash on behalf of

the Bank, namely:—

(i)

adequate number of armed private security guards are deputed round

the clock;

(ii) premises is under 24x7 electronic surveillance and monitoring;

(iii) cash vault is provided with CCTV system with adequate number of

cameras having at least ninety days recording facility;

(iv) the activities at cash vault is undertaken under dual custody basis;

(v) the main cash vault area complies with all safety norms, like firefighting

systems, smoke detection systems, emergency lighting, control room for

monitoring the movement of vehicles, auto-dialer and burglar security

systems;

(vi) security alarm with GSM based auto dialer, fire and magnetic sensor

is installed;

(vii) the loading and unloading area of cash is covered by night vision

CCTV cameras;

(viii) electric power supply inside the cash vault is provided through plug-

in, plug-out system;

(ix) carrying of naked light inside the cash vault is strictly prohibited and dry

battery operated torches or emergency lights are used inside strong

rooms;

(x) emergency lighting with the help of inverter shall always be available

to the security staff; and

(xi) cash processing and vault areas shall have restricted and controlled

access, preferably through interlocking systems and frisking.

Explanation.— For the purposes of this rule, the expression "CCTV" means

closed circuit television which is a self- contained surveillance system comprising

cameras, recorders and displays for monitoring activities in a store or company.

11. Measures for risk mitigation:— (1) The private security agency shall ensure that

the ATM under its security shall be fitted with one time electronic combination locks for

reducing the instances of crew pilferage losses and ATM frauds.

(2) The cash for loading into an ATM shall be collected from the Bank on previous

day or in the first half of the day so that operations can be concluded before the time

stipulated in sub-rule (3).

(3) No cash loading of the ATMs or cash transportation activities shall be done,—

(a) after 9 PM in urban areas;

(b) after 6 PM in rural areas; and

Government as Left Wing Extremism (LWE) affected areas.

THE FIRST SCHEDULE

[See rule 4(1)]

DESIGN AND SPECIFICATION FOR SECURED CASH VANS

(a) Make:— The cash van shall—

(i) be a Light Commercial Vehicle, with an engine capacity of not less than

2200 cc, preferably turbocharged;

(ii) be not more than seven years old;

(iii) have tubeless tyres;

(iv) have a ground clearance of not less than 190 mm; and

(v) accommodate minimum of five passengers.

(b) Layout:— The cash van shall have the compartment for storing cash, physically

separated and locked from the passenger compartment unit;

(c) Cash

compartment

security:—(i)

The

cash

compartment

should

inaccessible from outside the van unless operated internally through manual or electronic

lock and cash compartment is specially reinforced with steel with only one door and grill

gate;

(ii) the entrance of the cash compartment shall be from the rear side to

ensure proper visibility, operational feasibility and CCTV surveillance;

(iii) all windows and wind screens shall have wire mesh protection of not

more than one square inch and each window mesh shall have a circular port-hole of

six inches diameter for use of weapons;

(iv) the panic switches for operating the hooter are available with the driver

and other occupants.

(d) Cash box security.— Each of the cash boxes shall be secured to the floor

with separate chains and have locks that can be opened or locked only by using

separate keys kept with different custodians and cash for each bank shall be

carried, preferably, in a separate box with the name of the bank written on it.

(e) Other security features:— (i) The cash van shall be provided with a

small CCTV system with at least five days recording facility and three

cameras installed in front, rear and inside of the cabin.

(ii) A security alarm with GSM based auto-dialer shall be provided with a

motorised siren.

(iii) The cash van shall be equipped with hooter, fire extinguishers and

emergency lights to ensure quick reaction in case of an attack.

THE SECOND SCHEDULE

[See rule 7(a)]

TRAINING FOR PERSONNEL APPOINTED OR ENG AGED IN CASH

TRANSPORTATION ACTIVITIES

(a) Basics of cash handling and cash transportation activities:—

(i)

Scope of service

(ii) Team composition

(iii) Role of driver, armed guard, cash

custodian.

(iv) Functioning of cash vans

(v) Contact

details

concerned

agencies.

(vi) Threat and risks involved

(vii) Reporting procedure

(b) Threat and risks:—

(i)

Criminal and miscreant action

(ii)

Tailing by vehicle-borne criminals

(iii) Specific threats to stationary and moving vehicle

(iv) Insider's threat

(v)

Fraudulent practices by team members

(vi) Loss of life and medical emergency

(vii) Road accident and vehicle breakdown

(viii) Fire accident

(c) Safety and security of cash van:—

(i)

In-built safety features of the cash van carrying cash and valuables

(ii)

Cash boxed for carrying cash and valuables

(iii) Locking and security systems

(iv) Weapon and ammunition

(v) Communication equipment

(vi) Global Positioning System

(vii) Fire extinguishers

(viii) Distress alarm

(ix) First-aid kit

(d) Agencies:—

(i)

Controlling Authority under the Private Security Agencies (Regulation)

Act, 2005 (29 of 2005)

(ii) Police Station, PCR vans, police helpline

(iii) Controlling supervisor and operations manager

(iv) Concerned Bank representative

(v) Ambulance and hospital services

(e) Weapons, ammunition and documents:—

(i) Minimum 12 bore DBBL shot gun should be provided to the guards.

Gun must be test fired at least once in two years. Gun cartridges

must be replaced once in 02 years. Gun must be checked and

certified by a Government approved armourer.

(ii) Documents— gun licence, identity card and permission to carry

weapon during restrictions imposed by Authorities

(iii) Real weapons carried by miscreants

(iv) Other objects which can be used as weapon by miscreants

(f)

Emergency and incident response:—

(i) Distress alarm procedure

(ii) Seeking help from concerned agencies

(iii) Use of weapon to deter and resist criminals and miscreants

(iv) Ensure safety of team members and consignment

(v) Disengage from situation and drive vehicle to safety

(vi) Evacuation of the injured

(g) Other internal organisational procedures.—

(i) Antecedent check procedure

(ii) The Provident Funds Act, 1925 (19 011925) and benefits

(iii) The Minimum Wages Act, 1948 (11 of 1948) and benefits

(iv) The Employees State Insurance Act, 1948 (34 of 1948) and benefits

(v) Leave entitlement and application procedure

(vi) Other company rules

(vii) Obligations as employee

[No.2571/C.]

By Order of the Governor

SANJEEV CHOPRA

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 1380-173+50