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MAHARASHTRA PRIVATE SECURITY AGENCIES (REGULATION) RULES, 2007

MAHARASHTRA PRIVATE SECURITY AGENCIES (REGULATION) RULES, 2007

MAHARASHTRA PRIVATE SECURITY AGENCIES (REGULATION) RULES, 2007

[MAHARASHTRA PRIVATE SECURITY AGENCIES (REGULATION) RULES, 2007][1]

PREAMBLE

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:-

Rule - 1. Short title and Commencement.

These Rules may be called the Maharashtra Private Security Agencies (Regulation) Rules, 2007.

Rule - 2. Definitions.

(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.

Rule - 3. Verification of the antecedents of the applicants.

(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.

Rule - 4. Verification of character and antecedents of the private security guard and supervisor.

(1)     Before any person is employed or engaged as a security guard or supervisor, the Agency shall satisfy itself about the 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.

Rule - 5. Security training.

(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.

Rule - 6. Standard of physical fitness and educational qualification for security guards.

(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.

Rule - 7. Provision for Supervisors.

(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.

Rule - 8. Manner of making application for grant of licence.

(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.

Rule - 9. Grant of licence.

(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.

Rule - 10. Conditions for grant of licence.

(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.

Rule - 11. Renewal of licence.

(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.

Rule - 12. Conditions for renewal of 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.

Rule - 13. Appeals and procedure.

(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.

Rule - 14. Register to be maintained by the Agency.

The register required to be maintained under the Act by the Agency shall be in Form VIII.

Rule - 15. Photo Identity Card.

(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.

Rule - 16. Other conditions.

(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.

 



[1] MGG Pt. IV-A dt. 29.3.2007 p. 64.