[MAHARASHTRA PRIVATE
SECURITY AGENCIES (REGULATION) RULES, 2007][1] In exercise of the powers conferred by Section 25 of the Private
Security Agencies (Regulation) Act, 2005 (Act 29 of 2005), and of all the
powers enabling it in that behalf, the Government of Maharashtra hereby makes
the following rules, namely:- These Rules may be
called the Maharashtra Private Security Agencies (Regulation) Rules, 2007. (1) In these Rules,
unless the context otherwise requires.- (a) "Act" means
the Private Security Agencies (Regulation) Act, 2005; (b) "Agency"
means the Private Security Agencies; (c) "Appellate
Authority" means the authority as declared for appeal under section 14 of
the Act; (d) "Controlling
Authority' means the Controlling Authority as declared under the Act; (e) "Form"
means, a Form appended to these Rules; (f) "Licence"
means a licence granted under the Act; (g) "Section"
means the section of the Act. (2) Words and expressions
used but not defined in these rules, shall have the same meaning respectively
assigned to them in the Act. (1) Every applicant while
making an application to the Controlling Authority for issue of a fresh licence
or renewal, shall enclose Form I for verification of his antecedents. If the
application is from 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 the company, as if they were also the applicants. (2) on receipt of such
application the controlling authority shall make such inquiries, as it considers
necessary to verify the contents of the application and the particulars of the
applicant. (3) the controlling
authority shall send a copy of application and its attachments for verification
and obtain a no objection certificate from the District Superintendent of
Police of the concerned District or Deputy Commissioner of Police in charge of
the Zone in the Commissionerate area, wherein the Agency intends to commence
its activities. (4) the District
Superintendent of Police or Commissioner of Police, in addition to the causing
of verification of antecedents of every individual in whose name the antecedent
form is filled up, shall also furnish the following information.- (5) whether the applicant
or the company earlier operated any Agency, either individually or in
partnership of others and it so the details thereof; and (6) whether the applicant
possesses any special qualification or skill which may facilitate his
operations of Agency. (1) Before any person is
employed or engaged as a security guard or supervisor, the Agency shall satisfy
itself about the good character and antecedents of such person in any one or
more of the following manners: (a) by verifying the
character and antecedents of the person from the police authorities by itself; (b) by relying on the
report received from the police authorities signed under the authority of the
District Superintendent of Police or Deputy Commissioner of Police in-charge of
the Zone or an officer of the equivalent or higher rank. (2) The person desirous
of getting employed or engaged as security guard or supervisor shall submit
Form II to the Agency. It the person has stayed in more than one District
during the last five years, the number of forms will be as many as District. (3) The Agency shall
cause an inquiry into the correctness of the particulars filled in either by
itself or by sending the form to the respective District Superintendent of
Police or Deputy Commissioner of Police in-charge of the Zone. (4) The State Government
may specify by order, form the amount and the manner in which the tee is to be
deposited for the service of character and antecedent verification by police. (5) The police will
establish identity of the individual and verify the character and antecedent 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 Headquarters 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 and also a general
report about his 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. (6) The police shall
specifically comment if the engaging or employing the person under verification
by the Agency poses a threat to national security. (7) The police
authorities shall ensure that character and antecedent verification report is
issued within ninety days of the receipt of the character and antecedent form. (8) 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 character and antecedents. (9) Character and
antecedents verification report once issued will remain valid for three years. (10) On the basis of
police verification and on the basis of their own verification the Agency shall
issue in Form III a character certificate and this certificate shall not be
taken back by such Agency, even if the person ceases to be the employee of that
Agency. (1) The Controlling
Authority shall frame the detailed training syllabus required for training the
security guards. This training shall be for a minimum period of one hundred
hours of class room 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) shall 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
disaster management; (k) defensive driving
(compulsory for the driver of Armored vehicle and optional (or others); (l) handling and
operation of non-prohibited weapons and firearms (compulsory for armed guards
and optional for others); (m) rudimentary knowledge
of Indian Penal Code and Criminal Procedure 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); (q) leadership and
management (for supervisors only); (r) observations,
handling unidentified objects, conducting anti-sabotage checks, handling
equipments and special requirement for those who have to do body protection. (3) The security guard
shall have to successfully undergo the training prescribed by the Competent
Authority in training institutes or organizations approved by it. The Competent
Authority shall approve the training institutes after conducting the inspection
either by itself or through its own officers. On completion of the training,
each successful trainee will be awarded a certificate in Form IV by the
training institute or organization. (4) The Competent
Authority shall inspect the functioning of training facility from time to time
either by itself or through its own officers. Normally such inspection shall be
conducted at least two times every year. After inspection, training institute
will be certified by the concerned Competent Authority. (5) All the Agencies shall
submit a list of successful trainees to the Controlling Authority in the manner
specified by order by it. (6) All the security
guards and supervisors should undergo a refresher course of at least one week
duration after every three years and the certificate to that effect issued by
the training institute or organization shall be maintained by the Agency. (1) A person shall be
eligible for being engaged or employed as security guard if he fulfills the
standards of physical fitness as specified below: (i) Height-160 cms. (for
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 identity and distinguish colour display in
security equipments and read and understand display in English and Devnagari
alphabets and 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 endanger the health of the public. (3) Agency shall ensure
that every 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. (4) Preference shall be
given to Home Guards, ex-police personnel, ex-servicemen and persons domiciled
in the State of Maharashtra. (5) A person shall be
eligible for being engaged or employed as security guard, only if, he has
passed standard VIIIth examination: Provided, that this
condition will not apply to a person who is engaged or employed as security
guard on the date of commencement of these rules. (1) There shall be one
supervisor to supervise the work of not more than twenty 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. (1) Every application by
an Agency for the grant of a licence under sub-section (1) of section 7 of the
Act, shall be made to the Controlling Authority in From V. (2) Every application
referred to in sub-rule (1) shall be accompanied by a demand draft or banker's
cheque showing the payment of fees as provided under sub-section (3) of section
7 of the Act, namely: (i) Rupees five thousand
if the Agency is operating in one district of the State. (ii) Rupees ten thousand
if the Agency is operating in more than one but upto five districts of the
State. (iii) Rupees twenty-five
thousand if the agency is operating in the whole of the State, payable to the
Controlling Authority concerned where the application is being made. (3) Every application
referred to in sub-rule (1) shall be either personally delivered to the
Controlling Authority or sent to him by registered post. (4) 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
acknowledgement to the applicant. (1) The Controlling
Authority, after receiving an application under sub-rule (1) of rule 8 shall
grant a licence to the private security agency in form VI after completing all
the formalities and satisfying itself about the suitability of the applicant
and also the need for granting the licence for the area of operation applied
for. (2) 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 agency. (3) The Controlling
Authority may review the continuation or otherwise of licence of such security
agencies which may not have adhered to the conditions of ensuring the required
training. (1) The licensee shall
successfully undergo a training relating to the private security service as
prescribed By the Controlling Authority within the time frame fixed by ft. (2) 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. (3) The licensee shall
inform the Controlling Authority regarding any change in the address of persons
forming the Agency, change of management within seven days of such change. (4) 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 as agency. A copy of such communication shall be sent to
the officer in charge of the police station where the person charged against
resides. (5) 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. (6) As provided in these
rules, the fees paid for the grant of licence shall be non-refundable. (1) Every Agency shall
apply to the Controlling Authority for renewal of the licence. (2) The fees chargeable
for renewal of licence shall be the same as for the grant thereof. (3) The form for
application of renewal of licence will be same as the form for the application
for original licence. (1) The renewal of the
licence shall be granted subject to the following conditions: (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 required under sub-section (2) of section 9 of the Act. (iii) The applicant
continues to adhere to the license conditions. (iv) The police have no
objection to the renewal of the license to the applicant. (1) Every appeal
sub-section (1) of section 14 of the Act shall be preferred in Form VII signed
by the aggrieved person or his authorized advocate and presented to the
Appellate Authority, in person or sent to him by registered post. (2) The fee for the
appeal to be filed under section 14 of the Act, fixed by the State Government
shall be payable by demand draft or pay order of any Scheduled Bank, drawn in
favour of Principal Secretary (Appeals and Security), Home Department,
Government of Maharashtra. The register required
to be maintained under the Act by the Agency shall be in Form VIII. (1) Every photo identity
card issued by the Agency under sub-section (2) of section 17 shall be in From
IX. (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 identification number of the
individual to whom the photo identity card is issued. (3) The photo identity
card shall clearly indicate the individual's position in the Agency and the
date up to which the photo identity card is valid. (4) The photo identity
card shall be maintained upto 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. (1) Every Agency shall
issue a uniform and make it obligatory for its security guards and supervisors
to wear while on duty and also make obligatory to put on,- (a) an arm badge
distinguishing the Agency; (b) shoulder or chest
badge to indicate his position in the organization; (c) whistle attached to
the whistle cord and to be kept in the left pocket; (d) shoes with eyelet and
laces; (e) a headgear which may
also carry the distinguishing mark of the Agency. (2) The uniform used of
the private security guards shall not resemble the uniforms of the Armed Forces
or the Paramilitary Forces or the Police. (3) 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 shall neither be too
tight not too loose as to obstruct movement or bending of limbs. (4) Every private
security guard shall carry a notebook and a writing instrument with him. (5) 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 a conspicuous manner.MAHARASHTRA
PRIVATE SECURITY AGENCIES (REGULATION) RULES, 2007
PREAMBLE