Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
No. 98] CHANDIGARH, FRIDAY, FEBRUARY 26, 2021 (PHALGUNA 7, 1942 SAKA)
CONTENTS
Pages
PART I—Punjab Government Notifications and Orders
.. 233-272 PART I-A—Notifications by Local Government
.. Nil PART I-B—Notifications by Commissioners and Deputy Commissioners .. Nil PART II—Statutory Notifications and Republications from Gazette of India/Punjab .. Nil PART III—Notification by High Court, Labour Commissioner ; Advertisements ; .. 69-73 Director of Lotteries, Punjab and Notices etc.
PART III-A—Notifications by Universities
.. Nil PART III-B—Court Notices
.. Nil PART IV—Acts and Bills
.. Nil PART V—Notification by Punjab State Legislature
.. Nil SUPPLEMENT PART I—Statistical
.. Nil SUPPLEMENT PART II—General
.. Nil LEGISLATIVE SUPPLEMENT—Contents
.. Nil Ditto PART I—Acts
.. Nil Ditto PART II—Ordinances
.. Nil Ditto PART III—Delegated Legislation
.. Nil Ditto PART IV—Correction slips, Republications and Replacements .. NilPART I] PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) 233
Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
No. 9] CHANDIGARH, FRIDAY, FEBRUARY 26, 2021 (PHALGUNA 7, 1942 SAKA)
PART I
Punjab Government Notifications and Orders
GOVERNMENT OF PUNJAB
DEPARTMENT OF HOME AFFAIRS AND JUSTICE
(HOME VI BRANCH)
NOTIFICATION
The 27th January, 2021
No.21/12/2007-2H6/144.-In exercise of the powers conferred by sub-section (1) of section 25 of the Private Security Agencies (Regulation) Act, 2005 (Central Act 29 of 2005), and all others powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules regulating the manner of providing security by the private security agencies to cash transportation activities in the State of Punjab, namely:-
RULES
1. Short title and commencement.— (1) These rules may be called the Punjab Private Security Agencies (Private Security to Cash Transportation Activities) Rules, 2020.
(2) They shall come into force on and with effect from 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;
(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;
(c) "cash handling agency", "cash replenishment agency" or "cash-in-transit 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 in to, or unloading cash from, an ATM machine;
(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;
( 233 )234 PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) PART I] (f) "Schedule" means a Schedule appended to these rules; and
(g) "Controlling Authority" means the authority appointed under the provisions of sub-section (1) of section 3 of the Act.
3. Private Security for cash transportation activities, etc.- (1) No private security shall be provided by the private security agency for cash transportation activities unless he holds a valid 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 which 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 the 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) and no sub contract shall be permitted for this purpose.
(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 activities, 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 physically and mentally fit and trained armed security guards on board and one of them shall be the incharge of the cash van:
(4) 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 or the law and order situation.
(5) Where the cash van is a medium motor vehicle, one armed guard shall sit in the front along with thePART I] PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) 235 driver and another in the rear portion of the van and while in transit, loading or unloading, attending nature's call, tea or lunch break, at least one armed security guard shall remain present with the cash van all the time.
(6) Notwithstanding any other provision in these rules, the ex-serviceman, 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 has undergone through antecedent check, and his proper KYC verification and police verification has been 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, and includes the introduction of the individual through a recognized source or authority.
(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 for a minimum period of three years preceding his appointment or engagement for the cash transportation activities;
(c) previous employer check – the private security agency shall use its own 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 wilfull credit defaulters are not appointed or engaged for the cash transportation activities;
(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, including the drivers of the cash vans, shall be imparted special training for a minimum period of forty hours (fifteen hours in case of ex-serviceman) in addition to the training prescribed in the sub rules, which shall include:
(a) the training and certification for the security and safe handling of such activities as per the requirements of training laid down in the Second Schedule;
(b) the refresher training once in every two years.
8. Live GPS tracking of cash van during operations.— (1) All cash transportation activities shall be carried out only in secured cash vans fitted with GPS tracking and such suitable, state of the art electronic,236 PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) PART I] burglary resistant and automatic alarming device and a siren.
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 real- 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 the movement of each cash van shall be monitored at all times during cash transportation activities through a redundant state of the art 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 more than five crores rupees in cash per trip.
(2) The private security agency shall ensure that secured cash vans shall be deployed for carrying cash more than ten lakh rupees per trip.
10. Specification for private cash vaults used for holding and overnight vaulting of Bank currency.—
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 so located as to ensure safety of activities/operations, including preferably areas closer to bank's cash withdrawal centre or police station and secluded areas with poor connectivity shall 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 on secured cash vans;
(c) Cash vault – a secured area shall be designed to store cash to meet with the requirements 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 centers 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 are under 24x7 electronic surveillance and monitoring;
(iii) cash vault is provided with CCTV system with adequate number of good quality, Internet Protocol (IP), Infrared (IR) enabled, minimum 4 mega pixel cameras having at least ninety days recording facility;
PART I] PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) 237(iv) the activities at cash vault are 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 or siren with GSM based auto dialer, fire and magnetic sensor are installed;
(vii) the loading and unloading area of cash is covered by night vision or Infrared and Internet Protocol enabled 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 the closed circuit television which is a self-contained surveillance system comprising video-cum-audio 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 in to an ATM machine shall be collected from the Bank on the previous day or in the first half of the day so that operations can be concluded before the time stipulated below 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
(c) before 9 AM or after 4 PM in the districts notified by the Central Government as Left Wing Extremism (LWE) affected areas.
(4) The last minute replacement of guards or change of route or unscheduled halts en-route shall be avoided, unless necessitated by security considerations.
(5) The entire cash in transit shall be fully insured.
12. Liability of end user or client.- Any party availing the services of a cash transportation agency under the Act or rules is expected to be well aware of the mandatory provisions of the same. In the event of any loss or damage being caused to the cash or property of such party, any disregard of the said provisions of the Act or rules shall be taken as failure to exercise due diligence, and shall, in addition to any other action as may be taken by the competent authority, be accordingly reflected in the police report of such incident, subject to the attendant facts and circumstances of each case.
238 PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) PART I]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 be 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 screen 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 easily available to 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 and 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 external, auto-secured recording facility and three IP, IR enabled, minimum 4 mega pixel 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.
PART I] PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) 239THE SECOND SCHEDULE
[See rule 7(a)]
TRAINING FOR PERSONNEL APPOINTED OR ENGAGED IN CASH TRANSPORTATION
ACTIVITIES:
Every security personnel appointed or engaged for cash transportation activities, including the drivers of the cash vans, shall be imparted special training, for a minimum period of forty hours, (fifteen hours in case of ex- servicemen), and refresher training every two year, in addition to the training prescribed in the rules, which shall include:
(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 of concerned agencies
(vi) Threat and risks involved
(vii) Reporting procedure
(b) Threat and risks: SOP (Standard Operating Procedures) to be followed in the event of:
(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
(ix) Any other unforeseen exigency involving the safe transportation of cash.
(c) Safety and security of cash van.—
(i) In-built safety features of the cash van carrying cash and valuables
(ii) Cash boxes 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 kit240 PUNJAB GOVT. GAZ., FEBRUARY 26, 2021 (PHGN 7, 1942 SAKA) PART I] (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) Handling and maintenance of Weapons, ammunition and knowledge about 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, Photo identity card and permission to carry the weapon in the States or areas falling en-route, and during restrictions imposed by the local 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 organizational procedures.—
(i) Antecedent check procedure
(ii) The Provident Funds Act, 1925 (19 of 1925) 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
(viii) Rights as an employee, including protection for acts committed in bona fide discharge of duty.
Sd/-
ANURAG AGARWAL,
Additional Chief Secretary to Government of Punjab,
Department of Home Affairs and Justice.