PUNJAB GOVT. GAZ., FEBRUARY 28, 2025
(PHGN 9, 1946 SAKA)
LEGISLATIVE SUPPLEMENT
Contents
Pages
Part I
Acts
Nil
Part II
Ordinances
Nil
Part III
Delegated Legislation
1.
Notification No.G.S.R. 5/Const./ Art.309/
Amd.(1)/2025 dated 19.02.2025 containing
amendment in the Punjab Raj Bhawan
(Group A) Service Rules, 2001.
2.
Notification No. G.S.R. 6 /C.A.29 /2005/
S.25/ 2025 dated 20.02.2025 containing the
Punjab Private Security Agencies Rules,
2025
Part IV
Correction Slips, Republications and
Replacements
Nil
*****
ORDINARY
Published by Authority
CHANDIGARH, FRIDAY, FEBRUARY 28, 2025
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PART-III
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PUNJAB GOVT. GAZ., FEBRUARY 28, 2025
(PHGN 9, 1946 SAKA)
PART-III
GOVERNMENT OF PUNJAB
DEPARTMENT OF HOME AFFAIRS
(HOME VI BRANCH)
NOTIFICATION
The 20th February, 2025,
No.G.S.R. 6/C.A.29/2005/S.25/2025.- In exercise of the powers
conferred by section 25 of the Private Security Agencies (Regulation) Act,
2005 (Central Act No. 29 of 2005), and all other 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 in the State of Punjab, namely :-
Rules
1.
Short title and commencement.- (1) These rules may be called the
Punjab Private Security Agencies Rules, 2025.
(2)
They shall come into force on and with effect from the date of their
publication in the Official Gazette.
2.
Definitions.- (1) In these rules, unless the context otherwise requires.-
(a)
"Act" means the Private Security Agencies (Regulation) Act, 2005
(Central Act No. 29 of 2005);
(b)
"Agency" means the Private Security Agency;
(c)
Form means, the forms appended to these rules; and
(d)
Licence means a licence granted under the Act.
(2)
The words and expressions used in these rules, but not defined,
shall have the same meaning as 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 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 incor-
porating the details in relation to the provisions contained in sub-section (2) of
section 7 of the Act.
(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.
Section 7.
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(4)
The Controlling Authority Shall utilise electronic databases of crime
and criminals like the Crime and Criminal Tracking Networks and Systems
(CCTNS) or Interoperable Criminal Justice System (ICJS) for the purpose of
verification of antecedents of the applicant. In addition, wherever deemed nec-
essary, the Controlling Authority (CA) may also call for a report from the con-
cerned intelligence or field unit.
(5)
Wherever any applicant’s antecedents have been verified in any other
State and licence is granted, it shall not be necessary for the Controlling Author-
ity to verify the antecedents until after the expiry of period of six (6) months from
the date of verification in such other State.
(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 Au-
thority of the State of Punjab concerned, where the application is being made.
(7) The application referred to in sub-rule (1) above 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 acknowledgement 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 provi-
sions 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:
Provided further that the Private Security Agency
shall sign an agreement with the training institutes which are au-
thorized by the Controlling Authority, Punjab.
(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
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for grant of license which the private security agency shall be bound to display
at its place of business.
(12) In case of rejection of the application for grant of fresh licence or
renewal 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) An order under sub- rule (12) shall be sent through email or Whatsapp
or registered post to applicant’s residential address and to the address of the
principal office of the agency in the State. In case order is delivered at any one
of the above, the same shall be presumed to be delivered.
(14) The Controlling Authority shall pass an order on Form I within sixty
days from the date of receipt of it complete in all respects.
(15) While filing an application, the applicant shall avoid using the
following words in the agency’s operational name:- National, the name or
part of the name of any Central or State Government organization, Rashtrapati
or President, Civil Aviation, Scouts, Guides, Detective, Ex-Serviceman, Ex-
Army, the names of States or Union Territories of India, or any term imply-
ing a governmental association and shall adhere with the Emblems and
Names (Prevention of Improper Use) Act, 1950 (Central Act No. 12 of
1950):
Provided that the business organization must have a name
suffixed with the words like “Security Agency” or “Security Ser-
vices” to aptly reflect the business activity.
(16) The applicant shall provide documents as mentioned in Annexure-I
4.
Conditions for grant of licence.- (1) The licensee shall successfully
undergo a training relating to the private security as prescribed by the Control-
ling 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 of the licensee or persons forming the agency 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; and
Section 7
and 11.
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(c)
Institutional Security;
(ii)
Role and Functioning of Private Security Agencies:-
(a)
Fire Fighting;
(b)
Disaster/Emergency Management protocol;
(c)
Security Duties;
(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; and
(l)
Post duties;
(iii)
Legal provisions:-
(a)
The Private Security Agencies (Regulation) Act, 2005 (Central Act
No. 29 of 2005) and its associated State rules; and
(b)
Relevant Labour Laws;
(iv)
Management of Security Agencies:-
(a)
Uniform;
(b)
Training of personnel of private security agencies;
(c)
Documentation and records to be maintained by the licensee; and
(d)
Data Sharing Protocol;
(v)
Interface with public, Police and other departments:-
(a)
Interface with Public; and
(b)
Liaison with police and other concerned Government Departments;
and
(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 per-
son 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 office address, address of persons forming the Agency or change of
management within thirty days of such change.
(i)
In case security agency makes any change in its office address,
then, it shall provide documents as mentioned in Annexure-III (check list for
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change of office address), besides this Controlling Authority (CA) may seek
clarification for any document that deems to be necessary by Controlling Au-
thority to conduct inquires with regard to application.
(ii)
In case security agency makes any change in its management, then,
it shall provide documents as mentioned in Annexure-IV. Besides this, Con-
trolling Authority (CA) may seek for relevant document to conduct verifica-
tion with regard to the application.
(6)
The licensee shall immediately intimate to the Controlling Authority about
any FIR lodged or criminal charge framed against the persons forming the
Agency or against a private security guard or supervisor engaged or em-
ployed 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 re-
sides.
(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 of these rules.
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 of
these rules.
(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
Section 8.
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Section 25.
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 of these rules.
(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.
(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 upto a period of five years irrespec-
tive 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 and acts of God.
(12) The applicant shall provide documents as mentioned in Annexure-II.
Besides this, the Controlling Authority (CA) may seek for any document that
deems to be necessary by Controlling Authority to conduct inquires with regard
to renewal of licence application.
6.
Conditions for renewal of licence.- The renewal of the licence shall
be granted subject to the following conditions, namely:-
(1)
The applicant continues to maintain his principal place of business
in the jurisdiction of the Controlling Authority;
(2)
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;
(3)
The applicant continues to adhere to the licence conditions; and
(4)
The applicant has no criminal antecedents as verified from a
database of crime and criminals along-with reports from field units.
7. Verification of character and antecedents of the private security
Section 8
and 11.
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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 any one 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 charac-
ter and antecedents from any other source;
(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 ante-
cedents 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 pro-
visions 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 certifi-
cate 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:-
Section 25.
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(a)
Conduct in Public and correct wearing of uniform;
(b)
Physical fitness training;
(c)
Physical security, security of the assets, security of the building or
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 fire arms
(optional);
(m) rudimentary knowledge of Indian Penal Code, right to private
defence, 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.
(5)
The training certificates issued to the guards or 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.
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(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 supervi-
sors 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 condi-
tions of trained personnel on its rolls.
(11) The directions and orders issued by Controlling Authority must be
ensured by each training institute. Only such persons who have been trained
by the Training Institute during the period of validity of licence issued by the
Controlling Authority shall be considered for deployment as security guard or
supervisor in the State.
(12) The Controlling Authority shall grant 'No Objection Certificate' to the
concerned training institute after every inspection, which shall remain valid till
next inspection.
(13) Every Training Institute shall maintain paper registers in Form-XII.
If any Training Institute fails to comply with sub-rules 1 to 13 above then,
it shall lead to the consequences of suspension or cancellation of licence of
concerned security agency.
(14) No suspension or cancellation order shall be made unless, -
(i)
The concerned security agency or Training Institute has been given
a reasonable opportunity of being heard; and
(ii)
The grounds on which licence is suspended or cancelled is
mentioned in the order.
(15) An order under sub-rule (14) shall be sent through email or WhatsApp or
registered post to Training Institute and to the address of principal office of the
security agency in the State. In case an order is received at any one of above,
the same shall be presumed to have been delivered.
9.
Standard of physical fitness for security guards.- (1) A person shall
be eligible for being engaged or employed as security guard, if he fulfils the
standards of physical fitness as specified below:-
(a)
Height, 160 cms (Female 150 cms), weight according to standard
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Section 24.
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table of height and weight, chest 80cms with an expansion of 4cms (for females, no
minimum requirement for chest measurement);
(b)
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;
(c)
free from knock knee and flat foot and should be able to run
one kilometer in six minutes;
(d)
Hearing:- Free from defect, should be able to hear and
respond to the spoken voice and the alarms generated by security equip-
ments; and
(e)
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 elec-
tronically in Form X.
Section 25.
Section 14.
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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.
(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;
(c)
whistle attached to the whistle cord and to be kept in the left pocket;
(d)
shoes with eyelet and laces; and
(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 particu-
lar 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.
(5)
Private Security Agency must adhere to the Emblems and Names
(Prevention of Improper Use) Act, 1950 (Central Act No. 12 of 1950).
Non-compliance with this Act may result in the suspension of licence and
other applicable legal actions.
Section 17.
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15. Repeal and savings.- (1) The Punjab Private Security Agencies Rules,
2007, are hereby repealed.
(2)
Notwithstanding such repeal, anything done or action taken or
purported to have been done or taken under the rules so repealed shall be
deemed to have been done or taken under the provisions of these rules.
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