Hi everybody,
PSAR 2005 is sought to bring order in a purely disorganised industry.
All of you would be aware that there are virtually no norms in the private security agencies Vis a Vis hiring rules, background checks, no training whatsoever, wages and other staututory benefits etc.
CAPSI (central association of private security industry) is the sole association for this industry and operates from their office in Safdurjung area (near deer park, delhi).
if anyone has doubts/ questions feel free to raise them ( am an auditor for ISO 27001 "information security mgmt system" and ISO 28001 "supply chain mgmt". )
surya vrat
full draft of PSAR 2005 follows ( am not attaching a word/ pdf document beacuse i see numerous postings wherein members are not able to download files)
------------------------------------------------------------------------------------
SER3\BILL 2004\RS\975RS
THE PRIVATE SECURITY AGENCIES (REGULATION) BILL, 2005
A
BILL
to provide for the regulation of private security agencies and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
1. (1) This Act may be called the Private Security Agencies (Regulation) Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “armoured car service” means the service provided by deployment of armed
guards along with armoured car and such other related services which may be notified
by the Central Government or as the case may be, the State Government from time to
time;
(b) “Controlling Authority” means the Controlling Authority appointed under
sub-section (1) of section 3;
(c) “licence” means a licence granted under sub-section (5) of section 7;
Short title,
extent and
commencement.
Definitions.
AS PASSED BY THE RAJYA SABHA ON 10TH MAY, 2005
Bill No. LIC of 2005
2
SER3\BILL 2004\RS\975RS
(d) “notification” means a notification published in the Official Gazette;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “private security” means security provided by a person, other than a public
servant, to protect or guard any person or property or both and includes provision of
armoured car service;
(g) “private security agency” means a person or body of persons other than a
government agency, department or organisation engaged in the business of providing
private security services including training to private security guards or their supervisor
or providing private security guards to any industrial or business undertaking or a
company or any other person or property;
(h) “private security guard” means a person providing private security with or
without arms to another person or property or both and includes a supervisor;
(i) “State Government”, in relation to a Union territory, includes the Administrator
of that Union territory appointed by the President under article 239 of the Constitution.
3. (1) The State Government shall by notification, designate an officer not below the
rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be
the Controlling Authority for the purposes of this Act.
(2) The State Government may, for efficient discharge of functions by the Controlling
Authority, provide it with such other officers and staff as that Government considers necessary.
4. No person shall carry on or commence the business of private security agency,
unless he holds a licence issued under this Act:
Provided that the person carrying on the business of private security agency,
immediately before the commencement of this Act, may continue to do so for a period of one
year from the date of such commencement and if he has made an application for such licence
within the said period of one year, till the disposal of such application:
Provided further that no private security agency shall provide private security abroad
without obtaining permission of the Controlling Authority, which shall consult the Central
Government before according such permission.
5. An application for issue of a licence under this Act shall only be considered from a
person after due verification of his antecedents.
6. (1) A person shall not be considered for issue of a licence under this Act, if he has
been—
(a) convicted of an offence in connection with promotion, formation or management
of a company (any fraud or misfeasance committed by him in relation to the
company), including an undischarged insolvent; or
(b) convicted by a competent court for an offence, the prescribed punishment
for which is imprisonment of not less than two years; or
(c) 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 there is information about such a person indulging in activities which are
prejudicial to national security or public order; or
(d) dismissed or removed from Government service on grounds of misconduct
or moral turpitude.
(2) A company, firm or an association of persons shall not be considered for issue of a
licence under this Act, if, it is not registered in India, or having a proprietor or a majority
shareholder, partner or director, who is not a citizen of India.
Appointment
of Controlling
Authority.
Persons or
Private
Security
Agency not
to engage or
provide
private
security guard
without
licence.
Eligibility for
licence.
Persons not
eligible for
licence.
3
SER3\BILL 2004\RS\975RS
7. (1) An application for grant of licence to a private security agency shall be made to
the Controlling Authority in such form as may be prescribed.
(2) The applicant shall submit an affidavit incorporating the details in relation to the
provisions contained in section 6, ensure the availability of the training for its private security
guards and supervisors required under sub-section (2) of section 9, fulfilment of conditions
under section 11 and of cases registered with police or pending in a court of law involving
the applicant.
(3) Every application under sub-section (1) shall be accompanied by a fee of—
(a) rupees five thousand if the private security agency is operating in one
district of a State;
(b) rupees ten thousand if the agency is operating in more than one but up to
five districts of a State; and
(c) rupees twenty-five thousand if it is operating in the whole State.
(4) On receipt of an application under sub-section (1), the Controlling Authority may,
after making such inquiries as it considers necessary and obtaining no objection certificate
from the concerned police authority, by order in writing, either grant a licence or refuse to
grant the same within a period of sixty days from the date of receipt of application with
complete particulars and the prescribed fee:
Provided that 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.
(5) A licence granted under this section—
(a) shall be valid for a period of five years unless the same is cancelled under
sub-section (1) of section 13;
(b) may be renewed from time to time after the expiry of five years, for a further
period of five years on payment of such fee as may be prescribed; and
(c) shall be subject to such conditions as may be prescribed.
8. (1) An application for renewal of licence shall be made to the Controlling Authority,
not less than forty-five days before the date of expiry of the period of validity thereof, in such
form as may be prescribed and shall be accompanied by the requisite fee and other documents
required under sections 6, 7 and 11 of this Act.
(2) The Controlling Authority shall pass an order on application for renewal of licence
within thirty days from the date of receipt of application complete in all respects.
(3) On receipt of an application under sub-section (1), the Controlling Authority may,
after making such inquiries as he considers necessary and by order in writing, renew the
licence or refuse to renew the same:
Provided that no order of refusal shall be made except after giving the applicant a
reasonable opportunity of being heard.
9. (1) Every private security agency shall, within six months of obtaining the licence,
commence its activities.
(2) Every private security agency shall ensure imparting of such training and skills to
its private security guards and supervisors as may be prescribed:
Provided that the person carrying on the business of private security agency, before
the commencement of this Act, shall ensure the required training to its security guards and
supervisors within a period of one year from the date of such commencement.
Renewal of
licence.
Conditions
for
commencement
of operation
and
engagement
of
supervisors.
Application
for grant
of licence.
4
SER3\BILL 2004\RS\975RS
(3) Every private security agency shall, within sixty days from the date of issue of the
licence, employ such number of supervisors, as may be prescribed.
(4) A private security agency shall not employ or engage a person as a supervisor
unless he fulfils the conditions specified in sub-section (1) of section 10.
(5) While engaging a supervisor of private security guards, every private security
agency shall give preference to a person who has experience of serving in the Army, Navy,
Air Force or any other Armed forces of the Union or State Police including armed constabularies
and Home Guards for a period of not less than three years.
10. (1) A private security agency shall not employ or engage any person as a private
security guard unless he—
(a) is a citizen of India or a citizen of such other country as the Central Government
may, by notification in the Official Gazette, specify;
(b) has completed eighteen years of age but has not attained the age of sixty-five
years;
(c) satisfies the agency about his character and antecedents in such manner as
may be prescribed;
(d) has completed the prescribed security training successfully;
(e) fulfils such physical standards as may be prescribed; and
(f) satisfies such other conditions as may be prescribed.
(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.
(3) Every private security agency may, while employing a person as a private security
guard, give preference to a person who has served as a member in one or more of the
following, namely:—
(i) Army;
(ii) Navy;
(iii) Air Force;
(iv) any other armed forces of the Union;
(v) Police, including armed constabularies of States; and
(vi) Home Guards.
11. (1) The State Government may frame rules to prescribe the conditions on which
licence shall be granted under this Act and such conditions shall include requirements as to
the training which the licensee is to undergo, details of the person or persons forming the
agency, 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 and also 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.
(2) The State Government may make provision in the rules to verify about imparting of
required training by the private security agency under sub-section (2) of section 9 and to
review continuation or otherwise of licence of such private security agency which may not
have adhered to the condition of ensuring the required training.
Eligibility to
be a private
security
guard.
Conditions of
licence.
5
SER3\BILL 2004\RS\975RS
12. Every private security agency shall exhibit its licence or copy thereof in a
conspicuous place of its business.
13. (1) The Controlling Authority may cancel any licence on any one or more of the
following grounds, namely:—
(a) that the licence has been obtained on misrepresentation or suppression of
material facts;
(b) that the licence holder has used false documents or photographs;
(c) that the licence holder has violated the provisions of this Act or the rules
made thereunder or any of the conditions of the licence;
(d) that the licence holder has misused information obtained by him during the
discharge of his duties as the private security agency to any industrial or business
undertaking or a company or any other person;
(e) that the licence holder by using any letter-head, advertisement or any other
printed matter or in any other manner represented that the private security agency is
an instrumentality of the Government or such agency is or has been using a name
different from that for which licence has been granted;
(f) that the licence holder is or has been impersonating or permitting or aiding or
abetting any body to impersonate as a public servant;
(g) that the private security agency had failed to commence its activities or to
engage a supervisor within the specified time period;
(h) that the licence holder is or has wilfully failed or refused to render the services
agreed to any person;
(i) that the licence holder has done any act which is in violation of a court order
or an order of a lawful authority or is or has been advising, encouraging or assisting
any person to violate any such order;
(j) that the licence holder has violated the provisions of the Acts given in the
Schedule which may be modified by the Central Government, by notification in the
Official Gazette;
(k) that there have been repeated instances when the private security guard or
guards provided by the private security agency—
(i) failed to provide private security or were guilty of gross negligence in
not providing such security;
(ii) committed a breach of trust or misappropriated the property or a part
thereof which they were supposed to protect;
(iii) were found habitually drunk or indisciplined;
(iv) were found to be involved in committing crimes; or
(v) had connived or abetted a crime against the person or property placed
under their charge; or
(l) that the licence holder has done any act which poses a threat to national
security, or did not provide assistance to the police or other authority in the discharge
of its duties or acted in a manner prejudicial to national security or public order or law
and order.
(2) Where the Controlling Authority, for reasons to be recorded in writing, is satisfied
that pending the question of cancelling of licence on any of the grounds mentioned in subsection
(1), it is necessary to do so, that Controlling Authority may, by order in writing,
suspend the operation of the licence for such period not exceeding thirty days as may be
Licence to be
exhibited.
Cancellation
and
suspension of
licence.
6
SER3\BILL 2004\RS\975RS
specified in the order and require the licence holder to show cause, within fifteen days from
the date of issue of such order, as to why the suspension of the licence should not be
extended till the determination of the question of cancellation.
(3) Every order of suspending or cancelling of a licence shall be in writing and shall
specify the reasons for such suspension or cancellation and a copy thereof shall be
communicated to the person affected.
(4) No order of cancellation of licence under sub-section (1) shall be made unless the
person concerned has been given a reasonable opportunity of being heard.
14. (1) Any person aggrieved by an order of the Controlling Authority refusing the
licence under sub-section (4) of section 7 or renewal under sub-section (3) of section 8 or
order of suspension of licence under sub-section (2) of section 13 or cancellation of licence
under sub-section (1) of that section, may prefer an appeal against that order to the Home
Secretary of the State Government within a period of sixty days of the date of such order:
Provided that an appeal may be admitted after the expiry of the said period of sixty
days if the appellant satisfies the State Government that he has sufficient cause for not
preferring the appeal within that period.
(2) Every appeal under sub-section (1) shall be made in such form as may be prescribed
and shall be accompanied by a copy of the order appealed against.
(3) Before disposing of an appeal, the State Government shall give the appellant a
reasonable opportunity of being heard.
15. (1) Every private security agency shall maintain a register containing—
(a) the names and addresses of the persons managing the private
security agency;
(b) the names, addresses, photographs and salaries of the private security
guards and supervisors under its control;
(c) the names and addresses of the persons whom it had provided private
security guards or services; and
(d) such other particulars as may be prescribed.
(2) The Controlling Authority may call for such information as it considers necessary
from any private security agency, supervisor or private security guard to ensure due compliance
of the Act.
16. The Controlling Authority or any other officer authorised by it in this behalf may at
any reasonable time, enter the premises of the private security agency and inspect and
examine the place of business, the records, accounts and other documents connected with
the licence and may take copy of any document.
17. (1) Every private security guard shall be issued a photo identity card, by the
private security agency employing or engaging the guard.
(2) The photo identity card under sub-section (1) shall be issued in such form as may
be prescribed.
(3) Every private security guard or supervisor shall carry on his person the photo
identity card issued under sub-section (1) and shall produce it on demand for inspection by
the Controlling Authority or any other officer authorised by it in this behalf.
18. (1) Any person who may be or has been employed or engaged as a private security
guard by the private security agency shall not divulge to anyone other than the employer, or
in such manner and to such person as the employer directs, any information acquired by him
during such employment with respect to the work which he has been assigned by such
employer, except such disclosure as may be required under this Act or in connection with
Appeals.
Register to be
maintained by
a private
security
agency.
Inspection of
licence, etc.
Issue of photo
identity card.
Disclosure of
information
to
unauthorised
person.
7
SER3\BILL 2004\RS\975RS
any inquiry or investigation by the police or as may be required by an authority or process
of law.
(2) All private security guards of a private security agency shall render necessary
assistance to the police or to such authority in the process of any investigation pertaining to
the activities of that agency.
(3) If violation of any law is noticed by any private security guard during the course
of discharge of his duties, he shall bring it to the notice of his superior, who in turn shall
inform the police either through his employer or agency or on his own.
19. The State Government may, by notification, direct that any power or function
(except the powers to make rules under section 25)—
(a) which may be exercised or performed by it, or
(b) which may be exercised or performed by the Controlling Authority,
under this Act, may, in relation to such matter and subject to such conditions, if any, as may
be specified in the notification, be also exercised or performed by such officer or authority
subordinate to the Government or officer subordinate to the Controlling Authority, as may
be specified in such notification.
20. (1) Any person who contravenes the provisions of section 4 shall be punishable
with imprisonment for a term which may extend to one year, or with fine which may extend to
twenty-five thousand rupees, or with both.
(2) Any person or private security agency who contravenes, the provisions of sections
9, 10 and 12 of the Act, shall be punishable with a fine which may extend to twenty-five
thousand rupees, in addition to suspension or cancellation of the licence.
21. If any private security guard or supervisor wears the uniform of the Army, Air force,
Navy or any other armed forces of the Union or Police or any dress having the appearance or
bearing any of the distinctive marks of that uniform, he and the proprietor of the private
security agency shall be punishable with imprisonment for a term which may extend to one
year or with fine which may extend to five thousand rupees, or with both.
22. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to,
the company for the conduct of the business of the company as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the part of
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other association
of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Delegation.
Punishment
for
contravention
of certain
provisions.
Penalty for
unauthorised
use of certain
uniforms.
Offences by
companies.
8
SER3\BILL 2004\RS\975RS
23. No suit, prosecution or other legal proceeding shall lie against the Controlling
authority or any other officer authorised by it in respect of anything in good faith done or
intended to be done under this Act.
24. The Central Government may, frame model rules in respect of all or any of the
matters with respect to which the State Government may make rules under this Act, and
where any such model rules have been framed the State Government shall, while making any
rules in respect of that matter under section 25, so far as is practicable, conform to such
model rules.
25. (1) The State Government may, by notification, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the procedure for verification of character and antecedents under clause (c)
of sub-section (1) of section 10; the type of training under clause (d) of sub-section
(1) of section 10; the physical standard under clause (e) of sub-section (1) of section
10; and other conditions under clause (f) of sub-section (1) of section 10;
(b) the number of supervisors to be employed under sub-section (3) o f
section 9;
(c) the form of an application for grant of licence under sub-section (1) o f
section 7;
(d) the form in which the licence to be granted under sub-section (4) of section 7
and conditions subject to which such licence to be granted under section 11;
(e) the form of an application for renewal of licence under sub-section (1) of
section 8;
(f) the form under sub-section (2) of section 14 for preferring an appeal;
(g) particulars to be maintained in a register under sub-section (1) of section 15;
(h) the form in which photo identity card under sub-section (2) of section 17 be
issued;
(i) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the State Government under this section shall be laid, as soon
as may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists of one House, before that House.
(4) In respect of Union territories, every rule made to carry out the provisions of the
Act shall be laid before each House of Parliament and where there exists a Legislative
Assembly, before that Assembly.
Power of
State
Government
to make rules.
Framing of
model rules
for adoption
by States.
Indemnity.
THE SCHEDULE
[See section 13(1)(j)]
(1) The Payment of Wages Act, 1936 (4 of 1936).
(2) The Industrial Disputes Act, 1947 (14 of 1947).
(3) The Minimum Wages Act, 1948 (11 of 1948).
(4) The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
(19 of 1952).
(5) The Payment of Bonus Act, 1965 (21 of 1965).
(6) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).
(7) The Payment of Gratuity Act, 1972 (39 of 1972).
(8) The Equal Remuneration Act, 1976 (25 of 1976).
(9) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 (30 of 1979).
9
RAJYA SABHA
————
A
BILL
to provide for the regulation of private security agencies and for matters connected
therewith or incidental thereto.
————
(As passed by the Rajya Sabha)
MGIPMRND—975RS(S3)—10-5-2005.
THE PRIVATE SECURITY AGENCIES (REGULATION) BILL, 2005
————
ARRANGEMENT OF CLAUSES
————
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Controlling Authority.
4. Persons or Private Security Agency not to engage or provide private security
guard without licence.
5. Eligibility for licence.
6. Persons not eligible for licence.
7. Application for grant of licence.
8. Renewal of licence.
9. Conditions for commencement of operation and engagement of supervisors.
10. Eligibility to be a private security guard.
11. Conditions of licence.
12. Licence to be exhibited.
13. Cancellation and suspension of licence.
14. Appeals.
15. Register to be maintained by a private security agency.
16. Inspection of licence, etc.
17. Issue of photo identity card.
18. Disclosure of information to unauthorised person.
19. Delegation.
20. Punishment for contravention of certain provisions.
21. Penalty for unauthorised use of certain uniforms.
22. Offences by companies.
23. Indemnity.
24. Framing of model rules for adoption by States.
25. Power of State Government to make rules.
THE SCHEDULE.
Bill No. LIC of 2005
AS PASSED BY THE RAJYA SABHA ON 10TH MAY, 2005.
From India, Delhi
41PSAR 2005 is sought to bring order in a purely disorganised industry.
All of you would be aware that there are virtually no norms in the private security agencies Vis a Vis hiring rules, background checks, no training whatsoever, wages and other staututory benefits etc.
CAPSI (central association of private security industry) is the sole association for this industry and operates from their office in Safdurjung area (near deer park, delhi).
if anyone has doubts/ questions feel free to raise them ( am an auditor for ISO 27001 "information security mgmt system" and ISO 28001 "supply chain mgmt". )
surya vrat
full draft of PSAR 2005 follows ( am not attaching a word/ pdf document beacuse i see numerous postings wherein members are not able to download files)
------------------------------------------------------------------------------------
SER3\BILL 2004\RS\975RS
THE PRIVATE SECURITY AGENCIES (REGULATION) BILL, 2005
A
BILL
to provide for the regulation of private security agencies and for matters connected
therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—
1. (1) This Act may be called the Private Security Agencies (Regulation) Act, 2005.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires,—
(a) “armoured car service” means the service provided by deployment of armed
guards along with armoured car and such other related services which may be notified
by the Central Government or as the case may be, the State Government from time to
time;
(b) “Controlling Authority” means the Controlling Authority appointed under
sub-section (1) of section 3;
(c) “licence” means a licence granted under sub-section (5) of section 7;
Short title,
extent and
commencement.
Definitions.
AS PASSED BY THE RAJYA SABHA ON 10TH MAY, 2005
Bill No. LIC of 2005
2
SER3\BILL 2004\RS\975RS
(d) “notification” means a notification published in the Official Gazette;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “private security” means security provided by a person, other than a public
servant, to protect or guard any person or property or both and includes provision of
armoured car service;
(g) “private security agency” means a person or body of persons other than a
government agency, department or organisation engaged in the business of providing
private security services including training to private security guards or their supervisor
or providing private security guards to any industrial or business undertaking or a
company or any other person or property;
(h) “private security guard” means a person providing private security with or
without arms to another person or property or both and includes a supervisor;
(i) “State Government”, in relation to a Union territory, includes the Administrator
of that Union territory appointed by the President under article 239 of the Constitution.
3. (1) The State Government shall by notification, designate an officer not below the
rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be
the Controlling Authority for the purposes of this Act.
(2) The State Government may, for efficient discharge of functions by the Controlling
Authority, provide it with such other officers and staff as that Government considers necessary.
4. No person shall carry on or commence the business of private security agency,
unless he holds a licence issued under this Act:
Provided that the person carrying on the business of private security agency,
immediately before the commencement of this Act, may continue to do so for a period of one
year from the date of such commencement and if he has made an application for such licence
within the said period of one year, till the disposal of such application:
Provided further that no private security agency shall provide private security abroad
without obtaining permission of the Controlling Authority, which shall consult the Central
Government before according such permission.
5. An application for issue of a licence under this Act shall only be considered from a
person after due verification of his antecedents.
6. (1) A person shall not be considered for issue of a licence under this Act, if he has
been—
(a) convicted of an offence in connection with promotion, formation or management
of a company (any fraud or misfeasance committed by him in relation to the
company), including an undischarged insolvent; or
(b) convicted by a competent court for an offence, the prescribed punishment
for which is imprisonment of not less than two years; or
(c) 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 there is information about such a person indulging in activities which are
prejudicial to national security or public order; or
(d) dismissed or removed from Government service on grounds of misconduct
or moral turpitude.
(2) A company, firm or an association of persons shall not be considered for issue of a
licence under this Act, if, it is not registered in India, or having a proprietor or a majority
shareholder, partner or director, who is not a citizen of India.
Appointment
of Controlling
Authority.
Persons or
Private
Security
Agency not
to engage or
provide
private
security guard
without
licence.
Eligibility for
licence.
Persons not
eligible for
licence.
3
SER3\BILL 2004\RS\975RS
7. (1) An application for grant of licence to a private security agency shall be made to
the Controlling Authority in such form as may be prescribed.
(2) The applicant shall submit an affidavit incorporating the details in relation to the
provisions contained in section 6, ensure the availability of the training for its private security
guards and supervisors required under sub-section (2) of section 9, fulfilment of conditions
under section 11 and of cases registered with police or pending in a court of law involving
the applicant.
(3) Every application under sub-section (1) shall be accompanied by a fee of—
(a) rupees five thousand if the private security agency is operating in one
district of a State;
(b) rupees ten thousand if the agency is operating in more than one but up to
five districts of a State; and
(c) rupees twenty-five thousand if it is operating in the whole State.
(4) On receipt of an application under sub-section (1), the Controlling Authority may,
after making such inquiries as it considers necessary and obtaining no objection certificate
from the concerned police authority, by order in writing, either grant a licence or refuse to
grant the same within a period of sixty days from the date of receipt of application with
complete particulars and the prescribed fee:
Provided that 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.
(5) A licence granted under this section—
(a) shall be valid for a period of five years unless the same is cancelled under
sub-section (1) of section 13;
(b) may be renewed from time to time after the expiry of five years, for a further
period of five years on payment of such fee as may be prescribed; and
(c) shall be subject to such conditions as may be prescribed.
8. (1) An application for renewal of licence shall be made to the Controlling Authority,
not less than forty-five days before the date of expiry of the period of validity thereof, in such
form as may be prescribed and shall be accompanied by the requisite fee and other documents
required under sections 6, 7 and 11 of this Act.
(2) The Controlling Authority shall pass an order on application for renewal of licence
within thirty days from the date of receipt of application complete in all respects.
(3) On receipt of an application under sub-section (1), the Controlling Authority may,
after making such inquiries as he considers necessary and by order in writing, renew the
licence or refuse to renew the same:
Provided that no order of refusal shall be made except after giving the applicant a
reasonable opportunity of being heard.
9. (1) Every private security agency shall, within six months of obtaining the licence,
commence its activities.
(2) Every private security agency shall ensure imparting of such training and skills to
its private security guards and supervisors as may be prescribed:
Provided that the person carrying on the business of private security agency, before
the commencement of this Act, shall ensure the required training to its security guards and
supervisors within a period of one year from the date of such commencement.
Renewal of
licence.
Conditions
for
commencement
of operation
and
engagement
of
supervisors.
Application
for grant
of licence.
4
SER3\BILL 2004\RS\975RS
(3) Every private security agency shall, within sixty days from the date of issue of the
licence, employ such number of supervisors, as may be prescribed.
(4) A private security agency shall not employ or engage a person as a supervisor
unless he fulfils the conditions specified in sub-section (1) of section 10.
(5) While engaging a supervisor of private security guards, every private security
agency shall give preference to a person who has experience of serving in the Army, Navy,
Air Force or any other Armed forces of the Union or State Police including armed constabularies
and Home Guards for a period of not less than three years.
10. (1) A private security agency shall not employ or engage any person as a private
security guard unless he—
(a) is a citizen of India or a citizen of such other country as the Central Government
may, by notification in the Official Gazette, specify;
(b) has completed eighteen years of age but has not attained the age of sixty-five
years;
(c) satisfies the agency about his character and antecedents in such manner as
may be prescribed;
(d) has completed the prescribed security training successfully;
(e) fulfils such physical standards as may be prescribed; and
(f) satisfies such other conditions as may be prescribed.
(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.
(3) Every private security agency may, while employing a person as a private security
guard, give preference to a person who has served as a member in one or more of the
following, namely:—
(i) Army;
(ii) Navy;
(iii) Air Force;
(iv) any other armed forces of the Union;
(v) Police, including armed constabularies of States; and
(vi) Home Guards.
11. (1) The State Government may frame rules to prescribe the conditions on which
licence shall be granted under this Act and such conditions shall include requirements as to
the training which the licensee is to undergo, details of the person or persons forming the
agency, 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 and also 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.
(2) The State Government may make provision in the rules to verify about imparting of
required training by the private security agency under sub-section (2) of section 9 and to
review continuation or otherwise of licence of such private security agency which may not
have adhered to the condition of ensuring the required training.
Eligibility to
be a private
security
guard.
Conditions of
licence.
5
SER3\BILL 2004\RS\975RS
12. Every private security agency shall exhibit its licence or copy thereof in a
conspicuous place of its business.
13. (1) The Controlling Authority may cancel any licence on any one or more of the
following grounds, namely:—
(a) that the licence has been obtained on misrepresentation or suppression of
material facts;
(b) that the licence holder has used false documents or photographs;
(c) that the licence holder has violated the provisions of this Act or the rules
made thereunder or any of the conditions of the licence;
(d) that the licence holder has misused information obtained by him during the
discharge of his duties as the private security agency to any industrial or business
undertaking or a company or any other person;
(e) that the licence holder by using any letter-head, advertisement or any other
printed matter or in any other manner represented that the private security agency is
an instrumentality of the Government or such agency is or has been using a name
different from that for which licence has been granted;
(f) that the licence holder is or has been impersonating or permitting or aiding or
abetting any body to impersonate as a public servant;
(g) that the private security agency had failed to commence its activities or to
engage a supervisor within the specified time period;
(h) that the licence holder is or has wilfully failed or refused to render the services
agreed to any person;
(i) that the licence holder has done any act which is in violation of a court order
or an order of a lawful authority or is or has been advising, encouraging or assisting
any person to violate any such order;
(j) that the licence holder has violated the provisions of the Acts given in the
Schedule which may be modified by the Central Government, by notification in the
Official Gazette;
(k) that there have been repeated instances when the private security guard or
guards provided by the private security agency—
(i) failed to provide private security or were guilty of gross negligence in
not providing such security;
(ii) committed a breach of trust or misappropriated the property or a part
thereof which they were supposed to protect;
(iii) were found habitually drunk or indisciplined;
(iv) were found to be involved in committing crimes; or
(v) had connived or abetted a crime against the person or property placed
under their charge; or
(l) that the licence holder has done any act which poses a threat to national
security, or did not provide assistance to the police or other authority in the discharge
of its duties or acted in a manner prejudicial to national security or public order or law
and order.
(2) Where the Controlling Authority, for reasons to be recorded in writing, is satisfied
that pending the question of cancelling of licence on any of the grounds mentioned in subsection
(1), it is necessary to do so, that Controlling Authority may, by order in writing,
suspend the operation of the licence for such period not exceeding thirty days as may be
Licence to be
exhibited.
Cancellation
and
suspension of
licence.
6
SER3\BILL 2004\RS\975RS
specified in the order and require the licence holder to show cause, within fifteen days from
the date of issue of such order, as to why the suspension of the licence should not be
extended till the determination of the question of cancellation.
(3) Every order of suspending or cancelling of a licence shall be in writing and shall
specify the reasons for such suspension or cancellation and a copy thereof shall be
communicated to the person affected.
(4) No order of cancellation of licence under sub-section (1) shall be made unless the
person concerned has been given a reasonable opportunity of being heard.
14. (1) Any person aggrieved by an order of the Controlling Authority refusing the
licence under sub-section (4) of section 7 or renewal under sub-section (3) of section 8 or
order of suspension of licence under sub-section (2) of section 13 or cancellation of licence
under sub-section (1) of that section, may prefer an appeal against that order to the Home
Secretary of the State Government within a period of sixty days of the date of such order:
Provided that an appeal may be admitted after the expiry of the said period of sixty
days if the appellant satisfies the State Government that he has sufficient cause for not
preferring the appeal within that period.
(2) Every appeal under sub-section (1) shall be made in such form as may be prescribed
and shall be accompanied by a copy of the order appealed against.
(3) Before disposing of an appeal, the State Government shall give the appellant a
reasonable opportunity of being heard.
15. (1) Every private security agency shall maintain a register containing—
(a) the names and addresses of the persons managing the private
security agency;
(b) the names, addresses, photographs and salaries of the private security
guards and supervisors under its control;
(c) the names and addresses of the persons whom it had provided private
security guards or services; and
(d) such other particulars as may be prescribed.
(2) The Controlling Authority may call for such information as it considers necessary
from any private security agency, supervisor or private security guard to ensure due compliance
of the Act.
16. The Controlling Authority or any other officer authorised by it in this behalf may at
any reasonable time, enter the premises of the private security agency and inspect and
examine the place of business, the records, accounts and other documents connected with
the licence and may take copy of any document.
17. (1) Every private security guard shall be issued a photo identity card, by the
private security agency employing or engaging the guard.
(2) The photo identity card under sub-section (1) shall be issued in such form as may
be prescribed.
(3) Every private security guard or supervisor shall carry on his person the photo
identity card issued under sub-section (1) and shall produce it on demand for inspection by
the Controlling Authority or any other officer authorised by it in this behalf.
18. (1) Any person who may be or has been employed or engaged as a private security
guard by the private security agency shall not divulge to anyone other than the employer, or
in such manner and to such person as the employer directs, any information acquired by him
during such employment with respect to the work which he has been assigned by such
employer, except such disclosure as may be required under this Act or in connection with
Appeals.
Register to be
maintained by
a private
security
agency.
Inspection of
licence, etc.
Issue of photo
identity card.
Disclosure of
information
to
unauthorised
person.
7
SER3\BILL 2004\RS\975RS
any inquiry or investigation by the police or as may be required by an authority or process
of law.
(2) All private security guards of a private security agency shall render necessary
assistance to the police or to such authority in the process of any investigation pertaining to
the activities of that agency.
(3) If violation of any law is noticed by any private security guard during the course
of discharge of his duties, he shall bring it to the notice of his superior, who in turn shall
inform the police either through his employer or agency or on his own.
19. The State Government may, by notification, direct that any power or function
(except the powers to make rules under section 25)—
(a) which may be exercised or performed by it, or
(b) which may be exercised or performed by the Controlling Authority,
under this Act, may, in relation to such matter and subject to such conditions, if any, as may
be specified in the notification, be also exercised or performed by such officer or authority
subordinate to the Government or officer subordinate to the Controlling Authority, as may
be specified in such notification.
20. (1) Any person who contravenes the provisions of section 4 shall be punishable
with imprisonment for a term which may extend to one year, or with fine which may extend to
twenty-five thousand rupees, or with both.
(2) Any person or private security agency who contravenes, the provisions of sections
9, 10 and 12 of the Act, shall be punishable with a fine which may extend to twenty-five
thousand rupees, in addition to suspension or cancellation of the licence.
21. If any private security guard or supervisor wears the uniform of the Army, Air force,
Navy or any other armed forces of the Union or Police or any dress having the appearance or
bearing any of the distinctive marks of that uniform, he and the proprietor of the private
security agency shall be punishable with imprisonment for a term which may extend to one
year or with fine which may extend to five thousand rupees, or with both.
22. (1) Where an offence under this Act has been committed by a company, every
person who at the time the offence was committed was in charge of, and was responsible to,
the company for the conduct of the business of the company as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to, any neglect on the part of
any director, manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) “company” means any body corporate and includes a firm or other association
of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
Delegation.
Punishment
for
contravention
of certain
provisions.
Penalty for
unauthorised
use of certain
uniforms.
Offences by
companies.
8
SER3\BILL 2004\RS\975RS
23. No suit, prosecution or other legal proceeding shall lie against the Controlling
authority or any other officer authorised by it in respect of anything in good faith done or
intended to be done under this Act.
24. The Central Government may, frame model rules in respect of all or any of the
matters with respect to which the State Government may make rules under this Act, and
where any such model rules have been framed the State Government shall, while making any
rules in respect of that matter under section 25, so far as is practicable, conform to such
model rules.
25. (1) The State Government may, by notification, make rules for carrying out the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:—
(a) the procedure for verification of character and antecedents under clause (c)
of sub-section (1) of section 10; the type of training under clause (d) of sub-section
(1) of section 10; the physical standard under clause (e) of sub-section (1) of section
10; and other conditions under clause (f) of sub-section (1) of section 10;
(b) the number of supervisors to be employed under sub-section (3) o f
section 9;
(c) the form of an application for grant of licence under sub-section (1) o f
section 7;
(d) the form in which the licence to be granted under sub-section (4) of section 7
and conditions subject to which such licence to be granted under section 11;
(e) the form of an application for renewal of licence under sub-section (1) of
section 8;
(f) the form under sub-section (2) of section 14 for preferring an appeal;
(g) particulars to be maintained in a register under sub-section (1) of section 15;
(h) the form in which photo identity card under sub-section (2) of section 17 be
issued;
(i) any other matter which is required to be, or may be, prescribed.
(3) Every rule made by the State Government under this section shall be laid, as soon
as may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists of one House, before that House.
(4) In respect of Union territories, every rule made to carry out the provisions of the
Act shall be laid before each House of Parliament and where there exists a Legislative
Assembly, before that Assembly.
Power of
State
Government
to make rules.
Framing of
model rules
for adoption
by States.
Indemnity.
THE SCHEDULE
[See section 13(1)(j)]
(1) The Payment of Wages Act, 1936 (4 of 1936).
(2) The Industrial Disputes Act, 1947 (14 of 1947).
(3) The Minimum Wages Act, 1948 (11 of 1948).
(4) The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
(19 of 1952).
(5) The Payment of Bonus Act, 1965 (21 of 1965).
(6) The Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970).
(7) The Payment of Gratuity Act, 1972 (39 of 1972).
(8) The Equal Remuneration Act, 1976 (25 of 1976).
(9) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979 (30 of 1979).
9
RAJYA SABHA
————
A
BILL
to provide for the regulation of private security agencies and for matters connected
therewith or incidental thereto.
————
(As passed by the Rajya Sabha)
MGIPMRND—975RS(S3)—10-5-2005.
THE PRIVATE SECURITY AGENCIES (REGULATION) BILL, 2005
————
ARRANGEMENT OF CLAUSES
————
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
3. Appointment of Controlling Authority.
4. Persons or Private Security Agency not to engage or provide private security
guard without licence.
5. Eligibility for licence.
6. Persons not eligible for licence.
7. Application for grant of licence.
8. Renewal of licence.
9. Conditions for commencement of operation and engagement of supervisors.
10. Eligibility to be a private security guard.
11. Conditions of licence.
12. Licence to be exhibited.
13. Cancellation and suspension of licence.
14. Appeals.
15. Register to be maintained by a private security agency.
16. Inspection of licence, etc.
17. Issue of photo identity card.
18. Disclosure of information to unauthorised person.
19. Delegation.
20. Punishment for contravention of certain provisions.
21. Penalty for unauthorised use of certain uniforms.
22. Offences by companies.
23. Indemnity.
24. Framing of model rules for adoption by States.
25. Power of State Government to make rules.
THE SCHEDULE.
Bill No. LIC of 2005
AS PASSED BY THE RAJYA SABHA ON 10TH MAY, 2005.
From India, Delhi
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