Puducherry Private Security Agencies Rules, 2022.

Registered No.

PY/44/2021-23

Registered with the Registrar of Newspapers for India under No. 10410 Amﬂºƒˆ \VWÈ ∂´E>µ

La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - II

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®ı Amﬂºƒˆ A>[˛wÁ\ 2022 } \VÏﬂ | 23 { No. 13 Poudouchéry Mercredi 2 3 Mars 2022

No. Puducherry Wednesday 23rd March 2022

(2 Chaitra 1944)

GOVERNMENT OF PUDUCHERRY

HOME DEPARTMENT

(G.O.Ms. No. 23, Puducherry, dated 21st March 2022)

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 25 of the Private Security Agencies (Regulation) Act, 2005 (No. 29 of 2005) and in supersession of the Puducherry Private Security Agencies (Regulation) Rules, 2009, notified vide G.O. Ms. No. 60, dated 14th December, 2009 of the Home Department, Government of Puducherry and published in the Part-II of the Extraordinary Gazette of Puducherry, issue No. 48, dated 18th December, 2009, except as respects things done or

[83] 84

LA GAZETTE DE L'ETAT [PART–II

omitted to be done before such supersession, the Lieutenant-Governor, Puducherry, hereby makes the following rules, for the general information to public.

(By order of the Lieutenant-Governor)

M.V. HIRAN, Under Secretary to Government.

THE PUDUCHERRY PRIVATE SECURITY AGENCIES RULES, 2022

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

the Puducherry Private Security Agencies Rules, 2022.

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

in the Official Gazette.

2. Definitions.— In these rules, unless the context otherwise

requires,—

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

Act, 2005 (29 of 2005);

(b) "Agency" means, the Private Security Agency;

assigned to it in clause (b) of section 2 of the Act;

(d) "Form" means, a Form appended to these rules;

(e) "Licence" means, a licence granted under the Act;

(f) Words and expressions not defined in these rules, but, defined in the Act, shall have the same meaning respectively assigned to them in the Act.

3. Application for grant of licence.— (1) Every agency while making an application in Form I to the Controlling Authority for the grant of licence shall also enclose the Form II for verification of his antecedents.

(2) If, the applicant is a company, a firm or an association of persons, the application in Form I shall be accompanied by Form II for every proprietor or majority Shareholder, Partner or Director of the company, as if, they were also the applicants. In addition, he shall submit an Affidavit in Form III incorporating the details in relation to the provisions contained in sub-section (2) of section 7 of the Act.

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(3) On receipt of Form I, Form II, and Form III, the Controlling Authority shall make such inquiries, as it considers necessary to verify the contents of the application and the particulars of the applicant.

(4) The Controlling Authority shall verify the antecedents of the applicant by accessing electronic databases of crime and criminals like the Crime and Criminal Tracking Networks and Systems (CCTNS), Interoperable Criminal Justice System (ICJS) for the purpose of verification of antecedents of the applicant.

(5) Wherever any applicant's antecedents have been verified in any other State earlier and licence is granted, it shall not be necessary for the Controlling Authority to verify the antecedents afresh provided that the licence for which antecedents are verified is under period of validity.

(6) Form I shall be accompanied by a Demand Draft or banker's cheque or electronic evidence showing the payment of fees as prescribed under sub-section (3) of section 7 of the Act, payable to the Controlling Authority of the State concerned where the application is being made.

(7) The application referred to in sub-rule (1) shall be either personally delivered to the Controlling Authority or sent to him by registered post or through electronic means.

(8) On receipt of the application referred to in sub-rule (1), the Controlling Authority shall after noting thereon the date of receipt by him of the application, grant an electronic or digital acknowledgment to the applicant.

(9) The Controlling Authority, after receiving an application in Form I shall grant a licence to the private security agency in Form IV after making such enquiry as it considers necessary, and after compliance with the provisions of the Act:

Provided that if, the private security agency has already obtained a licence from the Controlling Authority of any other State then requirement of training of the licensee shall not be necessary.

(10) The Controlling Authority either by itself or through its officer or any other means, shall verify the premises of the private security agency at the address or addresses provided by the agency.

(11) The Controlling Authority shall cause a physical copy of the licence to be delivered by post within fifteen days of issue to the principal office of the private security agency in the State concerned as mentioned in the application for grant of licence which the private security agency shall be bound to display at its place of business.

LA GAZETTE DE L'ETAT [PART–II

(12) In case of rejection of the application for grant of licence,

no order of refusal shall be made unless,-

(a) the applicant has been given a reasonable opportunity of

being heard; and

(b) the grounds on which licence is refused is mentioned in

the order.

(13) The Controlling Authority shall pass an order in Form I within sixty days from the date of receipt of it complete in all respects.

4. Conditions for grant of licence.— The licensee shall successfully undergo a training relating to the private security as prescribed by the Controlling Authority within the time frame fixed by it.

(2) The Controlling Authority shall frame the detailed training

syllabus required for training the licensee.

(3) The training shall be for a minimum period of six working days. The training shall broadly include the following subjects, namely;-

(i) Present security scenario:

(a) VIP Security;

(b) Internal Security;

(ii) Role and Functioning of Private Security Agencies:

(a) Fire fighting;

(b) Disaster/Emergency management protocol;

(d) Checking of various documents;

(e) Information security;

(f) Access control;

(g) Explosives, IEDs;

(h) Anti Sabotage Checks (ASC);

(i) Security related equipments;

(j) Communication equipments;

(k) Patrolling;

(l) Post duties;

PART–II] LA GAZETTE DE L'ETAT

(iii) Legal provisions:

(a) The Private Security Agencies (Regulation) Act, 2005

(29 of 2005) and its associated State Rules;

(b) Relevant Labour Laws;

(iv) Management of Security Agencies:

(a) Uniform;

(b) Training of personnel of private security agencies;

licensee;

(d) Data Sharing Protocol;

( v ) Interface with public, Police and other Departments:

(a) Interface with public;

(b) Liaison with Police and other concerned Government

Departments;

(vi) Private Security Personnel- DO's and DON'Ts (Conduct

Rules):

(4) The licensee shall intimate the name, parentage, date of

birth, permanent address, address for correspondence and the principal

profession of each person forming the Agency within fifteen days of

receipt of the licence to the Controlling Authority.

(5) The licensee shall inform the Controlling Authority

regarding any change in the address of persons forming the Agency or

change of management within thirty days of such change.

(6) The licensee shall immediately intimate to the Controlling

Authority about any criminal charge framed against the persons forming

the Agency or against a private Security Guard or Supervisor engaged

or employed by the Agency, in the course of performance of duties as

private security agency. A copy of such communication shall also be

sent to the officer in-charge of the Police Station where the person

charged against resides.

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(7) Every licensee shall abide by the requirements of physical standards for the private security guards and their training as prescribed in these rules as the condition on which the licence is granted.

(8) Save as provided in these rules, the fees paid for the grant

of licence shall be non-refundable.

(9) The licensee shall commence its activities within six months

of obtaining the licence.

(10) Commencement of activities shall include establishment of office premises and engagement of supervisors as provided under sub-section (3) of section 9 of the Act and in accordance with rule 10.

5. Renewal of licence.— (1) Every Agency shall apply to the Controlling Authority for renewal of the licence in Form I along with Form II and Form III not less than forty-five days before the date of expiry of the period of validity thereof and after complying other conditions of section 8 of the Act.

(2) If, the applicant is a company, a firm or an association of persons, the application in Form I shall be accompanied by Form II for every proprietor or majority shareholder, partner or Director of the company, as if, they were also the applicants.

(3) The Controlling Authority shall verify the antecedents of the applicant in the same manner as mentioned in sub-rule (4) of rule 3.

(4) The Controlling Authority, after receiving an application in Form I, shall grant a renewal of licence in Form IV after making such enquiry as it considers necessary and after compliance with the provisions of the Act.

(5) In case of non-receipt of the application for renewal of licence within the period mentioned in sub-rule (1), the agency shall be treated as un-licensed agency after the expiry of licence.

(6) After expiry of period of applying for renewal of licence, the

Agency may apply for fresh licence as per section 7 of the Act.

(7) The fees chargeable for renewal of the licence shall be the same as for the grant of licence as mentioned in sub-rule (6) of rule 3.

(8) Applications received after the period stipulated in sub-rule (1) and before the expiry of licence shall not be processed for renewal of licence.

PART–II] LA GAZETTE DE L'ETAT

(9) The Controlling Authority shall pass an order on application for renewal of licence in Form I within thirty days from the date of receipt of application complete in all respects.

(10) The validity of renewed licence shall be counted from the date of expiry of the previous licence and shall be up to a period of five years irrespective of its date of renewal. In case, the application is decided by the Controlling Authority after expiry of the existing licence, the intervening period shall deem to be under valid licence.

(11) The Controlling Authority and the private security agencies shall not be liable for delays occurring by reason of circumstances beyond human control, including but not limited to acts of civil or military authority, national emergencies, riot, acts of God.

6. Conditions for renewal of licence.— The renewal of the licence

shall be granted subject to the following conditions, namely:-

(i) The applicant continues to maintain his principal place of

business within the jurisdiction of the Controlling Authority;

(ii) The applicant continues to ensure the availability of the training for its private Security Guards and Supervisors required under sub-rule (2) of rule 8 of these rules;

(iii) The applicant continues to adhere to the licence conditions;

(iv) The applicant has no criminal antecedents as may be

verified from a database of crime and criminals.

7. Verification of character and antecedents of the private Security Guard and Supervisor.— (1) Before any person is employed or engaged as a Security Guard or Supervisor, the agency shall satisfy itself about the character and antecedents of such person in anyone or more of the following manner, namely:-

(a) by relying upon the character and antecedents verification

certificate produced by the person:

Provided that the character and Antecedent certificate shall be valid and the agency does not have any adverse report regarding the person's character and antecedents from any other source;

LA GAZETTE DE L'ETAT [PART–II

(b) by accessing electronic databases of crime and criminal like the Crime and Criminal Tracking Networks and Systems (CCTNS), Interoperable Criminal Justice System (ICJS) for verification of the character and antecedents through the Controlling Authority or the Police.

(2) The person desirous of getting employed or engaged as Security Guard or Supervisor shall submit Form V to the agency. In addition, he shall submit an Affidavit in Form VI incorporating the details in relation to the provisions contained in sub-section (2) of section 10 of the Act.

(3) The State Government shall arrange to accept the fee to be

deposited electronically for character and antecedent verification.

(4) The authority to which the application is made shall ensure that character and antecedent verification report is issued within fifteen days of the receipt of the character and antecedent Form.

(5) Character and antecedents' verification report once issued shall remain valid for five years irrespective of the change in employer status.

(6) On the basis of character and antecedents' verification, the agency shall issue in Form VII, a Character and Antecedents Certificate and this certificate shall not be taken back by such agency even if, the person ceases to be the employee of that agency.

8. Security Training.— (1) The Controlling Authority shall frame the detailed training syllabus required for training the Security Guards in accordance with National Skill Qualification Framework. For entry level, this training shall be for a minimum period of hundred hours of classroom instruction and sixty hours of field training, spread over at least twenty working days. The Ex-servicemen and former Police personnel shall however be required to attend a condensed course only, of minimum forty hours of classroom instructions and sixteen hours of field training spread over at least seven working days.

(2) The training shall include the following subjects, namely:-

(a) conduct in public and correct wearing of uniform;

(b) physical fitness training;

PART–II] LA GAZETTE DE L'ETAT

building/apartment, personnel security, household security;

(d) fire fighting;

(e) crowd control;

(f) examining identification papers including Identity Cards,

Passports and Smart Cards;

(g) should be able to read and understand English alphabets and Arabic numerals as normally encountered in the identification documents, arms licence, travel documents and security inspection sheet;

(h) identification of improvised explosive devices;

(i) first-aid;

(j) crisis response and disasters management;

(k) defensive driving (compulsory for the driver of armoured

vehicle and optional for others);

(l) handling and operation of non-prohibited weapons and

firearms (optional);

(m) rudimentary knowledge of Indian Penal Code, right to private defense, procedure for lodging First Information Report in the Police Station, Arms Act (only operative sections); Explosives Act (operative sections);

(n) badges of rank in Police and Military forces;

(o) identification of different types of arms in use in Public

and Police;

(p) use of security equipments and devices (for example;

security alarms and screening equipments); and

(q) leadership and management (for supervisors only).

(3) The Security Guard shall have to successfully undergo the

training prescribed by the Controlling Authority.

(4) On completion of the training each successful trainee shall

be awarded a certificate in Form VIII by the Training Institute.

LA GAZETTE DE L'ETAT [PART–II

(5) The training certificates issued to the Guards/Supervisors

from Training Institutes in one State shall be accepted in other State also.

(6) The Controlling Authority shall inspect the functioning of

training facility from time to time either by itself or through its own officers. Normally such inspection shall be conducted at least two times

every year.

(7) All the training agencies shall submit a list of successful

trainees to the Controlling Authority in the manner prescribed by it.

(8) Based on training completed and requirement of the job, private security agency may have their own designations provided that

no agency shall adopt any of the ranks of the Armed Forces, Paramilitary Forces or State Police Forces.

(9) The Controlling Authority either by itself or through its officers may verify the training and skills imparted to the private

Security Guards and Supervisors of any private training agency.

(10) The Controlling Authority may review the continuation or otherwise of licence of such security agencies which may not have

adhered to the conditions of trained personnel on its rolls.

9. Standard of physical fitness for Security Guards.— (1) A person

shall be eligible for being engaged or employed as Security Guard if, he

fulfills the standards of physical fitness as specified below:-

(i) Height, 160 cms. (Female 150 cms.), weight according to

Standard Table of height and weight, chest 80 cms. with an expansion of 4 cms. (for females no minimum requirement for

chest measurement).

(ii) Eye sight: Far sight vision 6/6, near vision 0.6/0.6 with

or without correction, free from color blindness, should be able

to identify and distinguish color display in security equipments and read and understand display in English alphabets and

Arabic numerals.

(iii) Free from knock knee and flat foot and should be able

to run one kilometer in six minutes.

PART–II] LA GAZETTE DE L'ETAT

(iv) Hearing: Free from defect; should be able to hear and respond to the spoken voice and the alarms generated by security equipments.

(v) The candidate should have dexterity and strength to perform searches, handle objects and use force for restraining the individuals in case of need.

(2) A candidate should be free from evidence of any contagious or infectious disease. He should not be suffering from any disease which is likely to be aggravated by service or is likely to render him unfit for service or endanger the health of the public.

(3) Agency shall ensure that every private Security Guard working for it undergoes a medical examination after every twelve months from his last such examination so as to ensure his continued maintenance of physical standard as prescribed for the entry level.

10. Provision for Supervisors.— (1) There shall be one supervisor to supervise the work of not more than fifteen private Security Guards.

(2) In case, the private Security Guards are on security duty in different premises and it is not practical to supervise their work by one Supervisor, the agency shall depute more number of supervisors so that at least for every six private Security Guards there is one Supervisor available for assistance, advice and supervision.

11. Appeals and procedure.— Every appeal under sub-section (1) of section 14 of the Act shall be preferred in Form IX signed by the aggrieved person or his authorized Advocate and presented to the Home Secretary to the State Government in person or in electronic or digital form or sent to him by Registered Post.

12. Register to be maintained by the Agency.— The register required to be maintained under the Act by the Agency shall be maintained electronically in Form X.

13. Photo Identity card.— (1) Every Photo Identity card issued by the Agency under sub-section (2) of section 17 of the Act shall be in Form XI.

(2) The Photo Identity card shall convey a full-face image in color, full name of the private Security Guard, name of the agency and the employee number of the individual to whom the Photo Identity card is issued.

LA GAZETTE DE L'ETAT [PART–II

(3) The Photo Identity card shall clearly indicate the individual's position in the agency and the date up to which the Photo Identity card is valid.

(4) The Photo Identity card shall be maintained up to date and

any change in the particulars shall be entered therein.

(5) The Photo Identity card issued to the private Security Guard shall be returned to the agency issuing it, once the private Security Guard is no longer engaged or employed by it.

(6) Any loss or theft of Photo Identity card shall be immediately

brought to the notice of the agency that issued it.

14. Other conditions.— (1) Notwithstanding whether the Agency mandates its private Security Guards to put on uniform while on duty or not, every private security agency shall issue and make it obligatory for its Security Guards to put on:

(a) an arm badge distinguishing the agency;

(b) shoulder or chest badge to indicate his position in the

organization;

left pocket;

(d) shoes with eyelet and laces;

(e) a headgear which may also carry the distinguishing mark

of the agency.

(2) The clothes wear by the private Security Guard while on active duty shall be such that they do not hamper in his efficient performance. In particular they shall neither be too tight nor too loose as to obstruct movement or bending of limbs.

(3) Every private Security Guard shall carry a notebook and

a writing instrument with him.

(4) Every private Security Guard while on active security duty shall wear and display Photo Identity card issued under section 17 of the Act, on the outer most garment above waist level on his person in conspicuous manner.

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FORM – I

(See rules 3 and 5)

APPLICATION FOR GRANT OF LICENCE/RENEWAL

OF LICENCE TO ENGAGE IN THE BUSINESS OF

PRIVATE SECURITY AGENCY

The Controlling Authority

...........................................

The undersigned hereby applies for obtaining a licence to run the business of operating services in the area of Private Security Agencies

1. Full name of the applicant :

2. Nationality of the applicant :

3. Son/wife/daughter of :

4. Residential Address :

5. Address, where the applicant :

desires to start his Agency

6. Name of the Private Security Agency :

7. Additional details of the Private :

Security Agency (if applicable)

(a) CIN No. .....................................

(b) ESI No. ......................................

(d) Labour Licence .........................

(e) Labour Registration No. ...........

(f) GST No. .....................................

(g) Any other information .............

(h) Whether the Agency has .........

FDI? (Yes/No) 96

LA GAZETTE DE L'ETAT [PART–II

If yes, Give the following information;

(i) Country of FDI : .............................................

(ii) Name of foreign shareholder : ........................

(iii) Address of foreign shareholder : ...................

(iv) Year of investment : .........................................

(v) No. of shares : .................................................

(vi) Percentage of foreign shareholding : ..............

(vii) Approval details of FDI : .................................

(Please attach the relevant document of FDI approval.)

8. Name and addresses of Proprietor, Partner, Majority shareholder,

Director and Chairman of the Agency :

S.No.	Management Type (Proprietor/Partner/ Majority shareholder/ Director/Chairman)	Name	Address	DIN No. (if held)	ID Proof with No.

9. Name and extent of facilities available :

10. (a) Does the applicant possesses the training facility in its own

or will get it on outsourcing basis ? ................................

(b) If, the applicant has own training facility, please provide the

following information:

Name of training agency :

Address of Training agency :

Recognition details of Training agency : .............................................

11. Equipments which will be used for Security services

(a) Door Framed Metal Detector (DFMD)

(b) Hand Held Metal Detector (HHMD) PART–II] LA GAZETTE DE L'ETAT

(d) Other Equipments

(i) Wireless Telephones

(ii) Alarm Devices

(iii) Armoured Vehicles

(iv) Arms

12. The particulars of the uniform including color. (Please attach color

photo of uniforms).

13. Does the applicant intends to operate in more than one Districts? If so, the name of the Districts 1. ............. 2. ............. 3. .............

3. ............. 4. ............. 5. ............. .

14. Does the applicant intend to operate in the entire State? Yes/No

Signature

Name of the applicant

Address of the applicant

Telephone number of the applicant

Date of application

Enclosure:

1. Photo of the premises of the Agency.

2. ID Proof of all Management personnel.

3. Recognition details of training agency (if applicable).

4. Colour photo of uniforms.

5. Documents (if applicable) under the agency details given in Para

7 above.

6. Copy of current Income-tax Clearance Certificate.

7. Affidavit as prescribed in section 7 sub-section (2) of the Act

8. Other enclosures.

LA GAZETTE DE L'ETAT [PART–II

FORM-II

(See rules 3 and 5)

FORM FOR VERIFICATION OF ANTECEDENTS OF APPLICANT

Note : If, the applicant is a company, a firm or an association of persons, this Form shall be filled up by every proprietor or majority Shareholder, Partner or Director of the company, as if, they are also the applicants.

Signature of the Applicant ...................................................................

For official use only
Form number	Antecedents verification issued by :	Date

Fee Amount ` ................. Cash/D.D. ................. Name of Bank ................. D.D No. ................. Date of Issue .................

Please fill in BLOCK LETTERS: (CAUTION: Please furnish correct information. Furnishing of incorrect information or suppression of any factual information in the Form will render the candidate unsuitable for grant of licence)

1. Name of applicant (Initials not allowed)

Last name ...................................... First name ......................................

2. If, you have ever changed your name, please indicate the previous name(s) in full ....................................................................................

3. Sex (male/female). .........................................................

4. Date of Birth (DD/MM/YYYY): ....................................

5. Aadhaar No. ...................................................................

6. PAN No. .........................................................................

7. Place of Birth : Village/Town .........................................

District .................................. State and Country ..................................

8. Father's Full Name/Legal Guardian's Full Name (including surname, if any): (Initials not allowed) ............................................................

PART–II] LA GAZETTE DE L'ETAT

9. Mother's full name (including surname, if any): (Initials not

allowed) .........................................................................................

10. If married, full name of spouse (including surname, if any). (Initials

not allowed) ...................................................................................

11. Present residential address, including Street No./Police Station,

Village and District (with PIN code) .....................................................

..............................................................................................................

Telephone No./Mobile No. .................................................................

12. Please give the date since residing at the above-mentioned address:

(DD/MM/YYYY) .................................................................................

13. Permanent Address including Street No./Police Station, Village and

District (with PIN code) .........................................................................

..............................................................................................................

14. If, you have not resided at the address given at column (11)

continuously for the last five years, please furnish the other address

(addresses) with duration(s) resided.

From ....................To .................... Address

....................................................... .................................................

15. In case of stay abroad particulars of all places where you have

resided for more than one year after attaining the age of twenty-one

years. ..................................................................................................

16. Other details:

(a) Educational qualifications. :

(b) Previous positions held if any, :

along with name and address of

employers

employment

(d) Visible distinguishing mark :

100

LA GAZETTE DE L'ETAT [PART–II

(e) Last 3 years IT Return :

S.No. Assessment Year Copy of ITR enclosed (Yes/No)

1. ................................... ......................................................

2. ................................... ......................................................

3. ................................... ......................................................

(f) Affidavit incorporating the provisions of section 6 of the Act

enclosed: Yes/No

17. Did you earlier operated any Private Security Agency or were its partner, majority Shareholder or Director? If yes, then furnish the name, address of the Agency and its licence particulars .................. ..............................................................................................................

18. A r e y o u a c i t i z e n o f I n d i a b y : bi r t h /de s c e n t / re g i s t r a t i o n / aturalisation: If, you have ever possessed any other citizenship, please indicate previous citizenship .....................................................

19. Have you at any time been convicted by a Court in India for any criminal offence and sentenced to imprisonment? If so, give name of the Court, case number and offence. (Attach copy of judgment) ..............................................................................................................

20. Is/Are any criminal proceeding(s) pending against you before a Court in India? If so, give name of Court, case number and offence

21. Self- Declaration:

The information given by me in this Form and enclosures is true and I am solely responsible for accuracy.

Date : .........................

(Signature of applicant)

Place : .........................

Enclosures:

..............................................................................................................

(Signature of applicant)

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101

FORM-III

[See rule 3(2)/rule 5(1)]

AFFIDAVIT

I ........................................ s/o./d/o./w/o./Mr./Ms. .............................. resident of .......................................... is a Proprietor/Partner/Director of M/s. .................................................. (Name of firm/agency/company) at ......................................................... (Address of firm/agency/company). I do hereby solemnly affirm and declare as under:

1. That the deponent is a citizen of India.

2. That the deponent has attained the age of 18 years.

3. That the details of the Proprietor/Partners/Directors (Please indicate

the details of all the Partners / Directors) are as under:

S. No.	Name of the Proprietor/ Partners/Directors	Designations in the firm/agency/company (Proprietor/Partner/Director)	Residential Address

4. That the deponent or any of the Proprietor/Partner/Director has not been convicted of any offence in connection with promotion, formation or management of a company (any fraud or misfeasance committed by him in relation to the firm/agency/company), including an undischarged insolvent.

5. That the deponent or any of the Proprietor/Partner/Director has not been convicted by a competent Court for an offence, the prescribed punishment for which is imprisonment of not less than two years.

6. That the deponent or any of the Proprietor/Partner/Director has not

been-

(a) keeping links with any Organisation or Association which is banned under any law on account of their activities which pose threat to national security or public order; or 102

LA GAZETTE DE L'ETAT [PART–II

(b) indulging in activities which are prejudicial to national security

or public order.

7. That the deponent or any of the Proprietor/Partner/Director has not been dismissed or removed from Government service on grounds of misconduct or moral turpitude.

8. That the firm/agency/company is registered in India and does not have a proprietor or a majority Shareholder, Partner or Director, who is not a citizen of India.

9. That the deponent and all the Partner/Director of the firm/Agency/ Company shall comply with the provisions of sub-section (2) of section 9 of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005) by ensuring availability/imparting of such training and skills to its private Security Guards and Supervisors as prescribed.

10. That the deponent and all the Partner/ Director of the firm/agency/ company shall fulfill the following conditions of licence as stipulated under section 11 of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005).

(i) prescribed training which the licensee is to undergo;

(ii) details of the person or persons forming the agency;

(iii) obligation as to the information to be provided from time to time to the Controlling Authority regarding any change in their address, change of management;

(iv) obligation as to the information to be provided from time to time to the Controlling Authority about any criminal charge made against them in the course of their performance of duties of the private security agency or as the case may be, a private Security Guard employed or engaged by them.

(v) Competent Authority in the State Government/Union Territory administration may verify about imparting of required training by the private security agency under sub-section (2) of section 9 PART–II] LA GAZETTE DE L'ETAT

103

of the Act and may review continuation or otherwise of licence

of the private security agency if, the agency have not adhered

to the condition of ensuring the required training.

11. That there are no cases registered with Police or pending in Court

of law against the deponent.

That there are cases registered with Police or pending in Court of

law against the deponent. (Details shall be enclosed)

12. That the deponent and all the Partner/Director of the firm/agency/

company will comply, conditions of licence and in letter and spirit,

with the provisions of the Private Security Agencies (Regulation)

Act, 2005 (29 of 2005) and the relevant rules notified by the State

Government/Union Territory Administration under the Act and also

comply with the instructions issued from time to time by the

Controlling Authority appointed under the Act, while managing

private security agency with the name and title M/s. ......................

Deponent

VERIFICATION

I, .........................................................hereby solemnly affirm on

.................................. (date) that the contents of above this affidavit are

true and correct to the best of my knowledge and belief, and nothing

has been concealed therein.

Deponent

Note : (i) Point No. 4 to 8 relates to compliance of section 6 of the Act.

(ii) Point No. 9 relates to compliance of section 9(2) of the Act.

(iii) Point No. 10 and 11 relates to compliance of section 11 of

the Act.

(iv) Strike the points which are not applicable.

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LA GAZETTE DE L'ETAT [PART–II

FORM-IV

[See rule 3(9)]

GOVERNMENT OF ......................................

LICENCE TO ENGAGE IN THE BUSINESS OF

PRIVATE SECURITY AGENCY

Serial No. ..............................

Date .........................................

Name of the Private Security Agency : ....................................................

Shri. .......................................................... (name of the Applicant)

S/o...................................................resident of .......................................... (Full address) ................................................................................................. is granted the licence by the Controlling Officer for the State of ...................................................................... to run the business of Private Security Agency in the District(s) of/State of ( strike of the inapplicable words) ............................................................ with office at ........................... (address of the office).

Place of issue ......................................

Date of issue ........................................

This licence is valid up to ...................................................

Signature Name of granting authority Designation Official address

RENEWAL

[See rule 5(4)]

Sl.No. Date of renewal Date of expiry

Signature Name of renewing authority Designation Official address PART–II] LA GAZETTE DE L'ETAT

105

FORM-V

[See rule 7(2)]

FORM FOR VERIFICATION OF CHARACTER AND ANTECEDENTS

OF SECURITY GUARD AND SUPERVISOR

Signature of the Applicant ...................................................................

For official use only
Form number	Character and Antecedents verification issued by: Date

Fee Amount ` ................. Cash/D.D. ................. Name of Bank ................. D.D No. ................. Date of Issue .................

1. Name of applicant as should appear in the photo-identity card (Initials not allowed) Last name ............................... First name ....................................................................

2. If, you have ever changed your name, please indicate the previous name(s) in full .........................................................................................

3. Sex (male/female). .................................................................

4. Date of Birth (DD /MM/YYYY) : ..........................................

5. Aadhaar No. ...........................................................................

6. Place of Birth: Village/Town .................................................. District ..................................... State and Country .............................................

7. Father's Full name/Legal Guardian's Full Name (including surname, if any): (Initials not allowed) .................................................................

8. Mother's Full name (including surname, if any): (initials not allowed) ..............................................................................................................

9. If married, full name of spouse (including surname, if any). (initials not allowed) ............................................................................................

106

LA GAZETTE DE L'ETAT [PART–II

10. Present Residential Address, including Street No./Police Station,

Village and District (with PIN code) .................................................... .............................................................................................................. Telephone No./Mobile No. .....................................................................

11. Please give the date since residing at the above-mentioned address: DD/MM/YYYY .......................................................................................

12. Permanent address including Street No./Police Station, Village and District (with PIN code) ........................................................................ ..............................................................................................................

13. If, you have not resided at the address given at COLUMN (10) continuously for the last five years, please furnish the other address (addresses) with duration(s) resided.

From ....................To .................... Address ....................................................... ................................................. ....................................................... .................................................

14. In case of stay abroad particulars of all places where you have resided for more than one year after attaining the age of twenty-one years. ......................................................................................................

15. Other Details:

(a) Educational Qualifications: .............................................................

(b) Previous posts held along with name and address of employer: ......................................................................................................

(d) Visible Distinguishing Mark on body: ...........................................

(e) Height (cms.): ..................................................................................

(f) Affidavit incorporating the provisions of section 10 (1) & (2) of the Act enclosed: Yes/No

16. Are you working in Central Government/State Government/Public Sector Undertaking/Statutory Bodies: Yes/No 17. A r e y o u a c i t i z e n o f I n d i a b y : B i r t h / D e s c e n t / R e g i s t r a t i o n / Naturalisation: If, you have ever possessed any other citizenship, please indicate previous citizenship ......................................................

PART–II] LA GAZETTE DE L'ETAT

107

18. Have you at any time been convicted by a Court in India for any criminal offence and sentenced to imprisonment? If so, give name of the Court, case number and offence. (Attach copy of judgment) ..............................................................................................................

19. Is/Are any criminal proceeding(s) pending against you before a Court in India? If so, give name of Court, case number and offence ........... .............................................................................................................

20. Has any Court issued a warrant or summons for appearance or warrant for arrest or an order prohibiting your departure from India? If so, give name of Court, case number and offence ......................................

21. Self declaration:

The information given by me in this Form and enclosures is true and I am solely responsible for accuracy.

22. Finger prints:

Date : ............................. Signature of applicant Place : .............................

Enclosures:

.......................................................................................................................

Signature of applicant

FORM-VI

[See rule 7(2)]

AFFIDAVIT

I ..................................... s/o./d/o./w/o./Mr./Ms. ................................ resident of (Residential Address) offer myself for employment as a private Security Guard/Supervisor in the private security agency M/s. .................................................... (Name of firm/agency/company) at ............................................... (Address of firm/agency/company). I do hereby solemnly affirm and declare as under:

1. That I am a citizen of India.

108

LA GAZETTE DE L'ETAT [PART–II

2. That I have attained the age of 18 years, but, have not attained the age of 65 years. My date of birth is ......................................................

3. That I have not been convicted by a competent Court.

4. That I have not been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency.

Deponent

VERIFICATION

I ...................................................... hereby solemnly affirm on (date) that the contents of above this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Note : The provisions of section 10(2) of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005) may be printed at the back of affidavit for awareness of deponent as follows:

"Section 10. Eligibility to be a private Security Guard.

(2) a per on who has been convicted by a competent Court or who has been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency shall be employed or engaged as a private Security Guard or a Supervisor."

FORM-VII

[See rule 7(6)]

CHARACTER AND ANTECEDENT CERTIFICATE

(This certificate is issued under the provisions incorporated in the

rules of the Private Security Agencies (Regulation) Act, 2005.)

This is to certify that Mr./Ms. ......................................, son/daughter of ..................................... whose particulars are given below has good moral character and reputation and that the applicant has been staying at the following address(es) continuously for the last one year ....................................................................................

PART–II] LA GAZETTE DE L'ETAT

109

Date of Birth :

Place of Birth :

Educational Qualification :

Profession :

Present Address :

Permanent Address :

This certificate is issued on the basis of ................................ (Source of certificate) and shall be valid up to a period of five years from its

date of issue.

Issuing Authority

Signature

Name

Designation

Address/Tel.No.

Date of Issue

FORM-VIII

[See rule 8(4)]

TRAINING CERTIFICATE

Serial number

Name of the Training Agency

Address of the Training Agency

Training Agency Recognition No. ........................

[The recognition of this agency is valid up to (date)]

Certified that .......................... son/daughter of ..................... resident of .................................... has completed the prescribed training for the engagement or employment as a Private Security Guard/Supervisor confirming to National Skill Qualification Framework (NSQF) standards from .......................... till ............................ .

110

LA GAZETTE DE L'ETAT [PART–II

His signature is attested below.

Signature of the Certificate Holder

Place of issue Signature of issuing authority

Date of issue Designation

FORM-IX

(See rule 11)

FORM FOR APPEAL

(An Appeal under section 14 of the Act)

Appellant ..........................................

S/o. ......................................resident of...............................................

Versus

Controlling Authority/ ..........................................................................

The ............................... above named appeal to the ............................ (State Home Secretary) ................................................... from the order of (Controlling Authority), dated .......................... day of ......................... and against refusal of licence to run Private Security Agency ......................... and sets forth the following grounds of objection to the order appeal from namely:...............................................................................................

1. .................................................

2. .................................................

3. .................................................

4. .................................................

Enclosed list of documents

.....................................................

Place : Signature

Date: Name and Designation of the Appellant PART–II] LA GAZETTE DE L'ETAT

111

FORM-X

(See rule 12)

REGISTER OF PARTICULARS

(Register A: Management details)

S.No. Name of	person(s) managing the Agency	Parent's/ Father's name	Present address and phone No.	Address	Permanent Nationality	Date of joining/ leaving the agency
1.

(Register B: Private Security Guards and Supervisor)

Sl. N o .	N a m e o f Guard/ Supervisor	n a m e	Father 's P r e s e n t Date of P e r m a n e n t P h o t o Finger E m p l o y e e Salary address and p h o n e N o .	Joining/ leaving t h e Agency	Address	graph	P r i n t s	N o .	with date, ESI, E P F numbers and Bank/ Branch through which paid.
1 .

112

LA GAZETTE DE L'ETAT [PART–II

(Register C: Customers)

Sl. No.	Name of the Address Customer and phone No.	of the place where Security is provided	Number and ranks of Security Guards provided	Date of commencement of services	Date of discontinuation of services

(Register D: Duty Roster)

Sl.No.	Name of the Private Security Guard/ Supervisor	Address of the place of duty	Whether provided with any arms/ ammunition	Date and time of commencement of duty	Date and time of ending of duty

PART–II] LA GAZETTE DE L'ETAT

113

FORM-XI

(See rule 13)

PHOTO IDENTITY CARD FOR PRIVATE SECURITY GUARD/

SUPERVISOR

(Name of the Private Security Agency)

Identity Card No. ........................................

Colour

Name ............................................................

P h o t o

Official Designation ....................................

Employee No. ..............................................

Blood Group .................................................

Date of issue ...............................................

Valid up to ....................................................

Signature of the card holder ........................

Signature of the issuing authority

Official seal

————

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