GOA PRIVATE SECURITY AGENCIES RULES, 2008

PREAMBLE

In exercise of powers conferred by section 25 of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005), and all other powers enabling it in this behalf, the Government of Goa, hereby makes the following rules, namely:-

Rule - 1. Short title and commencement.

(1)     These Rules may be called the Goa Private Security Agencies Rules, 2008.

(2)     They will come into force from the date of their publication in the Official Gazette.

Rule - 2. Definitions.

In these Rules, unless the context otherwise requires.-

(a)      "Act" means the Private Security Agencies (Regulation) Act, 2005 (No. 29 of 2005);

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

(c)      "Armoured car service" means the service provided by deployment of armed guards alongwith armoured car and such other related services which may be notified by the Central Government or as the case may be, by the State Government from time to time;

(d)      "Controlling Authority" means an officer duly appointed by the Government under subsection (1) of section 3 of the Act;

(e)      "Form" means the Form appended to these Rules;

(f)       "Licence" means a licence granted under the Act;

(g)      "Notification" means a notification published in an Official Gazette;

(h)     "Prescribed" means prescribed by rules made under the Act;

(i)       "Private security" means security provided by a person, other than public servant, to protect or guard any person or property or both and includes provisions of armoured car service;

(j)       "Private security guard" means a person providing private security with or without arms to another person or property or both and includes a supervisor;

(k)      "State" means the State of Goa;

(l)       "Government" means the Government of Goa;

(m)    "Supervisor" means a person engaged by an Agency to supervise the performance of private security guards;

(n)     Words and expressions used but not defined in the rules, shall have the meaning as respectively assigned to them in the Act.

Rule - 3. Licence for business of Agency.

No person shall carry on or commence the business of Agency, unless he holds a licence issued under the Act:

Provided that the person carrying on the business of Agency, immediately before the commencement of the 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.

Rule - 4. Verification of character and antecedents of the applicant.

(1)     An application for issue of a licence shall only be considered from a person after verification of his character and antecedents as provided in section 5 of the Act.

(2)     Every applicant while making an application to the Controlling Authority for the issue of a fresh licence or renewal shall enclose the Form I as specified in the Schedule for verification of his antecedents. In case the applicant is a company, a firm or an association of persons, the application shall be accompanied by Form I for every proprietor or majority shareholder, partner or director of company, as the case may be, as if they were also the applicants.

(3)     On receipt of the application alongwith Form I, the Controlling Authority shall make such inquiries, as it considers necessary to verify the contents of the application and the particulars of the applicant.

Rule - 5. Application for grant of a new licence or renewal of a licence.

(1)     Any person interested in commencing the business of an Agency or renewal of an existing licence, shall make an application for the grant of a licence to the Controlling Authority in Form II as specified in the Schedule.

(2)     The fees for issue of a licence shall be as follows which shall not be refundable.

(a)      Rupees five thousand, if the Agency is operating in one district of the State;

(b)      Rupees ten thousand, if the Agency is operating in both the districts of the State;

(3)     Every application referred to in sub-rule (1) shall be accompanied by:

(a)      a bank draft or a banker`s cheque for the amount of fee payable to the Controlling Authority,

(b)      an affidavit as per sub-section (2) of section 7 of the Act in Form III as specified in the Schedule,

(c)      a copy of current income tax Clearance Certificate, and

(d)      other documedemand nts necessary to substantiate the information furnished in Form II as specified in the Schedule.

(4)     Every application referred to in sub-rule (1) shall be either personally delivered to the Controlling Authority or sent to him by registered post.

(5)     On receipt of the application referred to in sub-rule (1), the Controlling Authority shall after noting therein the date of receipt by him of the application, grant an acknowledgement to the applicant.

(6)     If the Controlling Authority finds the application incomplete in any manner as per Rules, shall immediately intimate the applicant of the shortcomings in the application and inform the applicant that the period of sixty days provided for in sub-section (4) of section 7 of the Act shall be considered from the date of receipt of application, complete in all respects.

Rule - 6. Application for renewal of licence.

(1)     Every Agency shall apply to the Controlling Authority for renewal of the existing licence in Forms I and II, in the manner as specified in Rule 5 not less than forty-five days before the date of expiry of the period of validity thereof.

(2)     On receipt of the application referred to in sub-rule (1), the Controlling Authority shall after noting therein the date of receipt by him of the renewal application, grant an acknowledgement to the applicant.

(3)     If the Controlling Authority finds the application incomplete in any manner as per Rules, shall immediately intimate the applicant of the shortcomings in the application and inform the applicant that the period of thirty days provided for in sub-section (2) of section 8 of the Act shall be considered from the date of receipt of application, complete in all respects.

Rule - 7. Fees for renewal of licence.

(1)     Fees for renewal of licence shall be the same as for the grant of a licence thereof.

(2)     The fees paid for the renewal of an existing licence shall be non-refundable.

Rule - 8. Consideration and verification of the application.

(1)     On receipt of an application in Form I for verification of the character and antecedents of the applicant and Form II for grant of a new licence or renewal of the existing licence, the Controlling Authority shall make such inquiries, as it considers necessary to verify the contents of the application and particulars of the applicant.

(2)     The Controlling Authority shall obtain a no objection certificate from the District Superintendent of Police of the concerned District where the applicant intends to commence the business of Agency. For this purpose, the Controlling Authority will send to him a copy of the application in Form I for verification of the character and antecedents and Form II for grant of a new licence or renewal of the existing licence, as the case may be, and its attachments, for verification and report.

(3)     The Controlling Authority shall obtain the reports from the District Superintendent of Police of the concerned District as required under sub-rule (2), within a period of 15 days from the date of receipt of a copy of application and its attachments if any.

(4)     The District Superintendent of Police in addition to the report mentioned in sub-rule (3), shall also furnish the following information to the Controlling Authority within the time limit as laid down under sub-rule (3) thereof.

(a)      Whether the applicant earlier operated any Agency, either individually or in partnership of others and if so, the details thereof;

(b)      Whether the applicant possesses any special qualification or skill, which may facilitate his operations of Agency;

(c)      Whether the applicant has been 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) or the applicant is an undischarged insolvent;

(d)      Whether the applicant has been convicted by a competent court for an offence, the prescribed punishment for which is imprisonment of a term not less than two years;

(e)      Whether the applicant has been keeping links with any organization 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;

(f)       Whether the applicant has been dismissed or removed from Government service on grounds of misconduct or moral turpitude;

(g)      Whether the applicant is a registered organization under the provisions of any relevant Statute; and

(h)     Whether the applicant whose proprietor or a majority shareholder, partner, or director is not a citizen of India.

Rule - 9. Applicant to be heard.

The Controlling Authority, after receipt of the report under sub-rules (3) and (4) of Rule 8 is not satisfied about the suitability of the applicant and also about the need for granting the licence for the area of operation applied for or renewal of the existing licence, shall give a reasonable opportunity to the applicant/s of being heard.

Rule - 10. Refusal to issue a new licence or renewal of an existing licence.

(1)     The Controlling Authority shall pass an order either refusing the grant of licence or renewal of an existing licence, after making such inquiries as it considers necessary and giving due reasons thereof on which licence is refused within a period of thirty days from the date of receipt of application complete in all respects:

Provided that no order of refusal of any licence shall be passed except after giving the applicant a reasonable opportunity of being heard.

(2)     The Controlling Authority shall intimate to the Superintendent of Police of the respective district about refusal of a licence or renewal of an existing licence thereof, as the case may be, for his information.

Rule - 11. Grant of licence.

The Controlling Authority shall grant or renew the licence in Form IV, subject to the conditions as specified in the Rules, after compliance of the formalities and satisfying itself about the suitability of the applicant and also the necessity for granting the licence in respect of area as specified under the application therein.

Rule - 12. Training of the Licensee.

The licence shall undergo such training in order to make him conversant with the duties and responsibilities of the business of Agency as may be considered by the Government from time to time and specified thereof.

Rule - 13. Conditions of licence.

Without prejudice to the provisions of section 10 of the Act, the licensee shall be further subject to the following additional conditions, namely:-

(i)       The licensee shall intimate the name, parentage, date of birth, permanent address, address for correspondence and the principle profession of each person forming the Agency to the Controlling Authority within fifteen days of receipt of the licence;

(ii)      The licensee shall inform the Controlling Authority regarding any change in the address of persons forming the Agency and change of management within seven days of such change, as the case may be;

(iii)     The licensee shall immediately intimate to the Controlling Authority about any criminal charge framed against the persons forming the Agency or against the private security guard or supervisor engaged or employed by the Agency, in the course of their performance of duties of 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;

(iv)    The licensee shall inform the Controlling Authority full details of any person employed or engaged as a private security guard/supervisor within seven days of his appointment;

(v)      The licensee shall ensure imparting of such training and skills to its private security guards and supervisors as specified under the Rules and directed by the Government from time to time thereof;

(vi)    The licensee shall employ (a) one supervisor to supervise the work of not more than fifteen private security guards and (b) 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;

(vii)   The licensee shall abide by the requirements of physical standard, training, issue of identity cards, uniforms and badges etc., and other conditions as specified by the Rules for the private security guards and supervisors;

(viii)  The licensee shall maintain records of its business as laid down under the Rules;

(ix)    The licensee shall produce the records of its business to the Controlling Authority or to such other officers and staff of the office of the Controlling Authority for their inspection as considered to be necessary in discharge of their duties;

(x)      The licensee shall exhibit its licence or copy thereof in a conspicuous place of its business;

(xi)    The licensee shall, within six months from the date of issue of the licence, commence its activities.

(xii)   The licensee shall ensure that a person to be employed or engaged as a private security guard, other than the person specified in sub-section (3) of section 10 of the Act, is a resident of the State of Goa for at least ten years;

(xiii)  The licensee shall ensure that a person to be employed or engaged as a supervisor is a resident of the State of Goa for at least ten years.].

Rule - 14. Conditions for renewal of licence.

The renewal of the licence will be granted subject to the following conditions, namely:-

(i)       The applicant shall continue to maintain his principle place of business in the jurisdiction of the Controlling Authority;

(ii)      The applicant shall continue to ensure the availability of the facility for training of its private security guards and supervisors;

(iii)     The applicant shall continue to adhere to the conditions of licence;

(iv)    The police shall have no objection to the renewal of licence to the applicant.

Rule - 15. Validity of the licence.

A licence shall be valid for a period of five years from the date of its issue or renewal unless the same is cancelled earlier under sub-section (1) of section 13 of the Act.

Rule - 16. Verification of character and antecedents.

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 manners-

(i)       by verifying the character and antecedents of the person itself,

(ii)      by relying upon the character and antecedent verification certificate produced by the person:

Provided that the character and antecedent certificate as specified under the Rules shall be valid if the Agency does not have any adverse report regarding the person's character and antecedents from any other source,

(iii)     by relying on the report received from the police authorities signed under the authority of the District Superintendent of Police or any officer of the equivalent or higher rank.

Rule - 17. Verification of character and antecedents from the police authority.

(1)     Any person seeking employment as a private security guard or supervisor and is desirous of getting his character and antecedents verified by the police authority, shall apply in Form V directly to the concerned District Superintendent of Police or any officer of the equivalent or higher in rank by depositing a fee of Rs. l00/- or such other fee as fixed by the Government from time to time. If the person has stayed in more than one District during the last five years, the person thereof shall also apply to the concerned Superintendent of Police of Districts.

(2)     The District Superintendent of Police or any officer of the equivalent or higher in rank shall verify the character and antecedent of the person and grant a certificate in Form VI to such person within (a) 30 days, if the verification is required within the State; and (b) 90 days, if the verification is required outside the State, from the date of receipt of the application for verification of character and antecedents in Form V.

(3)     In case no report is received from the concerned District Superintendent of Police or any officer of the equivalent or higher rank within the time as provided in sub-rule (2), it shall be deemed that there is no adverse observation against his character and antecedents.

Rule - 18. Verification of character and antecedents.

(1)     Any person making an application to any Agency for getting employed or engaged as private security guard or supervisor, shall submit duly filled up Form V to the Agency. If the person has stayed in more than one District during the last five years, the number of Forms will be as many as Districts.

(2)     The Agency shall cause an inquiry into the correctness of the particulars filled in either by itself or by sending the Form V to the District Superintendent of Police of the respective District/s as the case may be.

(3)     In case the Agency decides to send the Form V to the District Superintendent of Police for availing the service of character and antecedent verification by police, the agency shall deposit the fee of Rs. l00/- for such a service or such fee as may be fixed by the Government from time to time.

(4)     The police will establish identity of the individual and verify the character and antecedents of the person by making a visit to the locality where the person claims to have resided or residing and ascertain his identity and reputation from the respectable residents of the locality. They will also consult the police station record of the concerned police station and other records at the District Police Headquarter before preparing the character and antecedents verification report. This report will contain the comments of the police on every claim of the person in character and antecedent Form V and also a general report about the activities including means of livelihood in the period of verification. The police will specifically state if there is a criminal case registered against the person at any point of time or if he has ever been convicted of criminal offence punishable with imprisonment.

(5)     The police will specifically comment if the engaging or employing the person under verification by the Agency will pose a threat to National Security.

(6)     The police authorities shall ensure that character and antecedents verification report is issued to the Agency within (a) 30 days if the verification is required within the State (b) 90 days if the verification is required outside the State, from the date of receipt of the application for verification of character and antecedent in Form V.

(7)     The report of the police regarding character and antecedents of a person will be graded as confidential. It will be addressed in named cover to a designated officer of the Agency requesting for verification of character and antecedents.

(8)     Character and antecedents verification report once issued will remain valid for three years.

(9)     On the basis of police verification and/or on the basis of their own verification, the Agency shall issue in Form VI, a character certificate to the concerned person and this certificate will not be taken back by such Agency even if the person ceases to be the employee of that Agency.

Rule - 19. Details to be obtained before employing a person as a private security guard or supervisor.

(1)     No agency shall appoint/engage any person as a private security guard or supervisor without obtaining his full details in Form VII.

(2)     In case the person applying for appointment as a private security guard or supervisor declares the details of his last employment, if any, the Agency shall verify the authenticity of the reasons for leaving the last employment declared by the applicant.

Rule - 20. Standard of physical fitness for private security guards.

(1)     A person shall be eligible for being engaged or employed as private security guard if he fulfills the standards of physical fitness as specified below:

(i)       Height 160 cms. (for females 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 English alphabets and Arabic numerals.

(iii)     Free from knock-knee and flat foot and should be able to run one kilo meter 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.

Rule - 21. Security Training.

(1)     The Controlling Authority shall frame the detailed training syllabus required for training the private security guards. The training shall be for 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 will 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 or apartment, personnel security, household security;

(d)      fire fighting;

(e)      crowd control;

(f)       examining identification papers including identity cards, passports and smart cards;

(g)      should be able to read and understand English alphabets and Arabic numerals as normally encountered in the identification documents, arms licence, travel documents and security inspection sheet;

(h)     identification of improvised explosive devices;

(i)       first-aid;

(j)       crisis response and disasters management;

(k)      defensive driving (compulsory for the driver of Armoured vehicle and optional for others);

(l)       handling and operation of non-prohibited weapons and firearms (optional);

(m)    rudimentary knowledge of Indian Penal Code, right to private defence, procedure for lodging first information report in the police station, Arms Act (only operative sections), Explosives Act (operative sections);

(n)     badges of rank in police and military forces;

(o)      identification of different types of arms in use in public and Police;

(p)      use of Security equipment and devices (for example; security alarms and screening equipment) and

(q)      leadership and management (for supervisors only).

(3)     The private security guard will have to successfully undergo the training as specified by the Controlling Authority. On completion of the training, each successful trainee will be awarded a certificate in Form VIII by the Agency or organization conducting such training.

(4)     The Controlling Authority will inspect the functioning of the training facility from time to time either by itself or through its own officers. Normally such inspection will be conducted at least two times every year.

(5)     All the Agencies shall submit a list of successful trainees to the Controlling Authority in the manner as specified by it.

(6)     All the Agencies shall ensure the availability of security training facility to its private security guards.

Rule - 22.

The Controlling Authority may review the continuation or otherwise of licence of such Agencies which may not have adhered to the conditions of ensuring the required training.

Rule - 23. Photo identity card.

(1)     Every private security guard or supervisor shall be issued a photo identity card, by the Agency employing or engaging the guard or supervisor, as the case may be.

(2)     Every photo identity card issued by the Agency shall be in Form IX.

(3)     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 identification number of the individual to whom the photo identity card is issued.

(4)     The photo identity card shall clearly indicate the individuals position in the Agency and the date up to which the photo identity card is valid.

(5)     The photo identity card shall be maintained up to date and any change in the particulars shall be entered therein.

(6)     The photo identity card issued to the private security guard will be returned to the Agency issued it, once the private security guard is no longer engaged or employed by it.

(7)     Any loss or theft of photo identity card shall be immediately brought to the notice of the Agency that issued it.

(8)     Every private security guard or supervisor shall carry on his person the photo identity card issued by the Agency and shall produce it on demand for inspection by the Controlling Authority or any other officer authorized by it in this behalf.

Rule - 24. Other conditions.

(1)     Notwithstanding whether the Agency mandates its private security guards to put on uniform while on duty or not, every Agency shall and make it obligatory for its security guards to put on:

(i)       an arm badge distinguishing the Agency;

(ii)      shoulder or chest badge to indicate his position in the Agency;

(iii)     whistle attached to the whistle cord and to be kept in the left pocket;

(iv)    shoes with eyelet and laces;

(v)      a headgear which may also carry the distinguishing mark of the Agency.

(2)     The clothes worn by the private security guard while on active duty shall be such that they do not hamper in his efficient performance. In particular they will neither be too tight nor too loose as to obstruct movement or bending of limbs.

(3)     Every private security guard will carry notebook and a writing instrument with him.

(4)     Every private security guard while on active security duty will 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 a conspicuous manner.

Rule - 25. Maintenance of records.

Subject to the provisions of section 15, every Agency shall maintain the following records:-

(i)       a register showing the names and addresses of the persons managing the Agency in Form X;

(ii)      a register showing the names, addresses, photographs and salaries of the private security guards and supervisors under its control in Form XI;

(iii)     a register showing the names and addresses of the persons whom it had provided private security guards or services in Form XII;

(iv)    a register showing the duty roster of private security guards/supervisors in Form XIII;

(v)      a cash book showing all the receipts and payments of the Agency.

(vi)    all other record pertaining to correspondence and complaints against security guards/supervisors etc., regarding the business of the Agency.

Rule - 26. Appeals.

(1)     Every appeal under sub-section (1) of section 14 of the Act shall be preferred in Form XIV signed by the aggrieved person or his duly authorized Advocate within a period of sixty days of the date of such order or decision before the Secretary, Home Department of the Government in person or sent by registered post:

Provided that an appeal may be admitted after the expiry of the period specified under subsection (1) thereof, if the appellant satisfies the above Appellate Authority that he had sufficient grounds for not preferring the appeal within specified period.

(2)     Every appeal shall be accompanied by a copy of order appealed against and by such fee as may be fixed by the Controlling Authority and deposited in such manner as may be specified by the Controlling Authority in Official Gazette.

(3)     Before disposal of an appeal, the Appellate Authority shall give the appellant a reasonable opportunity of being heard in the matter.