Private Security Agencies Central Model Rules, 2020: Full Notification in Hindi & English Dated 15th December 2020 MINISTRY OF HOME AFFAIRS NOTI
Private Security Agencies Central Model Rules, 2020: Full Notification in Hindi & English Dated 15th December 2020
MINISTRY OF HOME AFFAIRS
New Delhi, the 15th December, 2020
S.O. 4549(E).—In exercise of the powers conferred by section 24 of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005) and in supersession of the Private Security Agencies Central Model Rules, 2006, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following model rules, namely:-
1. Short title and commencement.— (1) These rules may be called the Private Security Agencies Central Model Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. – In these rules, unless the context otherwise requires, –
(a) “Act” means the Private Security Agencies (Regulation) Act, 2005 (29 of 2005);
(b) “Agency” means the Private Security Agency;
(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) words and expressions not defined in these rules but defined in the Act, shall have the same meaning respectively assigned to them in the Act.
3. Application for grant of licence. – (1) Every agency while making an application in Form I to the Controlling Authority for the grant of licence shall also enclose the Form II for verification of his antecedents.
(2) If the applicant is a company, a firm or an association of persons, the application in Form I shall be accompanied by Form II for every proprietor or majority shareholder, partner or director of the company, as if they were also the applicants. In addition, he shall submit an Affidavit in Form III incorporating the details in relation to the provisions contained in sub-section (2) of section 7 of the Act.
(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) for the purpose of verification of antecedents of the applicant.
(5) Wherever any applicant’s antecedents have been verified in any other State earlier and licence is granted, it shall not be necessary for the Controlling Authority to verify the antecedents afresh provided that the licence for which antecedents are verified is under period of validity.
(6) Form I shall be accompanied by a demand draft or banker’s cheque or electronic evidence showing the payment of fees as prescribed under sub-section (3) of section 7 of the Act, payable to the Controlling Authority of the State concerned where the application is being made.
(7) The application referred to in sub-rule (1) shall be either personally delivered to the Controlling Authority or sent to him by registered post or through electronic means.
(8) On receipt of the application referred to in sub-rule (1), the Controlling Authority shall after noting thereon the date of receipt by him of the application, grant an electronic or digital 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 provisions of the Act:
Provided that if the private security agency has already obtained a licence from the Controlling Authority of any other State then requirement of training of the licensee shall not be necessary.
(10) The Controlling Authority either by itself or through its officer or any other means shall verify the premises of the private security agency at the address or addresses provided by the agency.
(11) The Controlling Authority shall cause a physical copy of the licence to be delivered by post within fifteen days of issue to the principal office of the private security agency in the State concerned as mentioned in the application for grant of licence which the private security agency shall be bound to display at its place of business.
(12) In case of rejection of the application for grant of licence, no order of refusal shall be made unless,-
(a) the applicant has been given a reasonable opportunity of being heard; and
(b) the grounds on which licence is refused is mentioned in the order.
(13) The Controlling Authority shall pass an order on Form I within sixty days from the date of receipt of it complete in all respects.
4. Conditions for grant of licence.-(1) The licensee shall successfully undergo a training relating to the private security as prescribed by the Controlling Authority within the time frame fixed by it.
(2) The Controlling Authority shall frame the detailed training syllabus required for training the licensee.
(3) The training shall be for a minimum period of six working days. The training shall broadly include the following subjects, namely;-
(i) Present security scenario:
(a) VIP Security
(b) Internal Security
(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
(l) Post duties
(iii) Legal provisions:
(a) The Private Security Agencies (Regulation) Act, 2005 (29 of 2005) and its associated State Rules.
(b) Relevant Labour Laws
(iv) Management of Security Agencies:
(b) Training of personnel of private security agencies
(c) Documentation and records to be maintained by the licensee
(d) Data Sharing Protocol