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HOME DEPARTMENT (Pol-XIII)--The Tamil Nadu Private Securities Agencies Rules, 2022

Published 16 December 2022

Type
Extraordinary
Gazette no.
558
Part
Part III
Extraordinary Type
General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments.
Section
Section 1a
Identifier
in.gazette.tamilnadu.2022-12-16.Extraordinary_558_Part-III_Section-1a
Languages
English, Tamil
Published at
Original source ↗

© GOVERNMENT OF TAMIL NADU

2022

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 7.20 Paise.

TAMIL NADU GOVERNMENT GAZETTE PUBLISHED BY AUTHORITY EXTRAORDINARY

No. 558] CHENNAI, FRIDAY, DECEMBER 16, 2022 Margazhi 1, Subakiruthu, Thiruvalluvar Aandu–2053

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

HOME DEPARTMENT

(Pol-XIII)

THE TAMIL NADU PRIVATE SECURITIES AGENCIES RULES, 2022

[G.O. Ms. No. 936, Home (Pol-XIII), 16th December 2022, மார்கழி 1, சுபகிருது, திருவள்ளுவர் ஆண்டு-2053.] No. SRO-A/26(g)/2022.

In exercise of the powers conferred by Section 25 of the Private Security Agencies (Regulation) Act, 2005 (Central Act 29 of 2005) and in supersession of the Tamil Nadu Private Security Agencies Rules, 2008, except as respects of things done or omitted to be done before such supersession, the Governor of Tamil Nadu hereby makes the following rules, namely:

1. Short title.– These rules may be called the Tamil Nadu Private Security Agencies Rules, 2022.

2. Definitions.– In these rules, unless the context otherwise requires,–

(a) "Act" means the Private Security Agencies (Regulation) Act, 2005 (Central Act 29 of 2005);

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

(c) "Controlling Authority" shall have the same meaning as 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) "Training institute" means an institute approved by the Government of India or any State Government or National Skill Development Council (NSDC) or any other Council duly authorised by the Government of India or State Government to impart training in the field of Security Service Agency.

(g) 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 applicant 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 III-1(a) Ex. (558)

[ 1 ]2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 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.

(3) On receipt of Form I, Form II, 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 utilise electronic databases of crime and criminals like the Crime and Criminal Tracking Networks and Systems (CCTNS), Interoperable Criminal Justice System (ICJS) or Police verification for the purpose of verification of antecedents of the applicant.

(5) Whenever the Controlling Authority decides to verify the antecedents of the applicant through Police, the Controlling Authority shall send a copy of the application for licence along with its enclosures to the Superintendent of Police of the District concerned where the applicant resides or Superintendent of Police, State Special Branch CID or Intelligence Section of City, as the case may be, for verification and report.

(6) 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.

(7) 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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. The premises shall–

(i) have classroom facility;

(ii) not be a part of any residential building;

(iii) either be at commercial area or independent premise in case of residential area.

(12) 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 as mentioned in the application for grant of licence which the private security agency shall be bound to display at its place of business.

(13) 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.

(14) The Controlling Authority shall pass an order on the application for grant of Licence in Form I within sixty days from the date of receipt of application complete in all respects.

4. Conditions for grant of licence. – (1) The licensee shall successfully undergo training in a training institute 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;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 3

(b) Internal Security; and

(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, Improvised Explosive Devices;

(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 29 of 2005)

and the Rules made thereunders; 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.

(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.

(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.

4 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(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.

(11) Before such commencement of activities, the licensee shall intimate the uniform model, arm badge, shoulder badge, chest badge proposed to be worn by the private security guard, to the Controlling Authority.

(12) The Principal place of business of the Agency shall be in the jurisdiction of the Controlling Authority.

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 (7) 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.

(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 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 be deemed 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 in the jurisdiction of the Controlling Authority;

(ii) The applicant continues to ensure the availability of the training for its private security guards and supervisors as 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;

(v) The character and antecedents of the security guard and supervisor engaged in the Agency should have been verified as on the date of application for renewal; and

(vi) The applicant shall ensure that all statutory subscriptions like Employee's State Insurance, Employees' Provident Fund, etc., to be made on behalf of the employees engaged in the Agency have been paid fully as on the date of renewal application and also furnish proof for the same.

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 any one or more of the following manner, namely: –

(a) by relying upon the character and antecedents verification certificate produced by the person and such certificate shall be issued by the District Police authority in whose jurisdiction the Agency is located or the person resides:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 5

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;

(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 District Police Authority in whose jurisdiction the Agency is located or the person resides.

(c) by obtaining the Police Verification Report through the official website of the Tamil Nadu Police (www.eservices. tnpolice.gov.in)

(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) While sending character and antecedents verification request to the District Police Authority, the Agency shall pay, per person, a fee of Rs.1000/ – (Rupees One Thousand Only) if his domicile is within the State of Tamil Nadu or Rs.2000/ – (Rupees Two Thousand Only) if his domicile is outside the State of Tamil Nadu, through electronic means.

(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 that 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 the 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;

(c) physical security, security of the assets, security of the building / apartment, personnel security and 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 Tamil, 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 disaster 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).

6 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The security guard shall have to successfully undergo the training prescribed by the Controlling Authority in any one of the training institute.

(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/ 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 twice 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 Tamil Nadu Police.

(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 security 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 fulfils 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 colour blindness, should be able to identify and distinguish colour display in security equipments and read and understand display in Tamil and English alphabets and Arabic numerals.

(iii) Free from knock knee and flat foot and should be able to run one kilometer in six minutes.

(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 authorised advocate and presented to the Secretary to Government, Home (Police-XIII) Department, Secretariat, Fort St.Geroge, Chennai-600 009 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 colour, 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 7

(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 organisation;

(c) whistle attached to the whistle cord and to be kept in the 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.

Form I

(See rules 3 and 5)

APPLICATION FOR GRANT OF LICENCE / RENEWAL OF LICENCE TO ENGAGE IN THE BUSINESS OF PRIVATE SECURITY AGENCY

To

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……………………………

(c) EPF No…………………………

8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(d) Labour Licence No…………………….

(e) Labour Registration No…………………..

(f) GST No…………………………………

(g) Any other information………

(h) Whether the Agency has FDI? (Yes/No)……..

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)

(c) Mine Detector

(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._______4.________5.________TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 9 14. Does the applicant intend to operate in the entire state? Yes/No

Signature

Name of the applicant

Address of the application

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.

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 Rs.------------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)................................

--------------------------------------------------------------

10 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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:

(c) Reason for leaving last employment:

(d) Visible Distinguishing Mark:

(e) Last 3 years IT Return:

S.No. Assessment Year Copy of Income Tax Return enclosed (Yes/No)

1. ……………. …………………….

2. …………….. ……………………..

3. ………………… ………………………..

(f) Affidavit incorporating the provisions of Section 6 of the Act enclosed: Yes/No

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

…………………………………………………………………..

18. Are you a citizen of India by: Birth/ Descent/Registration/Naturalisation: 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

………………………………………………………………………………………………

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 11

21. Self – Declaration:

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

(Signature of Applicant)

Date………….

Place …………

Enclosures:

…………………………………………………

(Signature of Applicant)

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 or Partner or 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

(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 Act by ensuring availability or imparting of such training and skills to its private security guards and supervisors as prescribed.

12 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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 Act.

(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) Controlling Authority in the State Government/UT administration may verify about imparting of required training by the private security agency under sub-section (2) of Section 9 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.

Or

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 Act and the relevant rules notified by the State Government or UT 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 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.

From IV

(See rule 3(10))

GOVERNMENT OF TAMIL NADU

Licence to engage in the business of Private Security Agency.

Serial No---------

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

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

Thiru/Tmt.---------------------------------------------------(name of the Applicant)

S/o -------------------------------------------------------------r/o--------------------

-------------------------------------------------------------(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 license is valid up to------------------------

Signature

Name of Granting Authority

Designation

Official AddressTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13

RENEWAL

(See rule 5(4))

Sl. No. Date of Renewal Date of expiry

1.

2.

3.

4.

Signature

Name of renewing authority

Designation

Official Address

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 & antecedents verification issued by : Date

Fee Amount Rs. ...........................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 employment /engagement

in the Private Security Agency.)

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)

------------------------------------------------------------------------------------------------------

14 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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:………………

…………………………………………………………………………………………….

(c) Reason for leaving last employment:…………………… ………………………

(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 Govt/ PSU/ Statutory Bodies: Yes/No

17. Are you a citizen of India by: Birth/Descent/Registration/Naturalisation: If you have ever possessed any other citizenship, please indicate previous citizenship………………………

18. Have you at any time been convicted by a court in India for any criminal offence & 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:

(Signature of Applicant)

Date ………….

Place …………

Enclosures:

……………………………………………………………………………………………………

……………………………………………………………………………………………………

(Signature of Applicant)TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 15

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.

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 nothing has been concealed therein.

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

"Section 10 (2). – Eligibility to be a private security guard:-

(2) No person 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 Thiru/Tmt. ………………….. , 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 ……… …………………………………………………………………………………

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 upto a period of five years from its date of issue.

Issuing Authority:

Signature:

Name:

Designation:

Address/Tel.No.

Date of issue:

16 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-VIII

(See rule 8(5))

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 upto…………….(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 ____.

His signature is attested below.

Signature of the Certificate Holder.

Signature of issuing Authority

Designation

Place of issue

Date of issue

FORM-IX

(See rule 11)

Form for Appeal

(An Appeal under Section 14 of the Act)

Appellant _________________

S/o______________________ r/o______________

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

-----------------------

Signature

Name and Designation of the Appellant Date

PlaceTAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 17

Form-X

(See rule 12)

Register of Particulars

(Register A: Management details)

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

(Register B: Private Security Guards and Supervisor)

Sl. No. Name of Guard/ Supervisor Father's name Present Address and phone No. Date of Joining/ leaving the Agency Permanent Address Photo – graph Finger Prints Employee No. Salary with date, ESI, EPF numbers and Bank/ Branch through which paid.
1.
2.

(Register C: Customers)

Sl. No. Name of the Customer and Phone No. Address 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 or Supervisor Address of the place of duty Whether provided with any arms or ammunition Date and time of commencement of duty Date and time of ending of duty
18 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Form XI

(See rule 13)

PHOTO IDENTITY CARD FOR PRIVATE SECURITY GUARD/SUPERVISOR

(Name of the Private Security Agency)

Identity Card No…………………..

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

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

Colour

Photo

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

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

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

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

Signature of the cardholder.............................................

Signature of the issuing Authority Official seal

(By Order of the Governor)

K. PHANINDRA REDDY, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

Cite this issue. Tamil Nadu Gazette, Government of Tamil Nadu, 16 December 2022. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.tamilnadu.2022-12-16.Extraordinary_558_Part-III_Section-1a/. Archive identifier in.gazette.tamilnadu.2022-12-16.Extraordinary_558_Part-III_Section-1a.