In exercise of the powers conferred by Section 11 and Section 25 of the
Private Security Agencies (Regulation) Act, 2005 (Act No. 29 of 2005), the
Governor is pleased to make the following rules, namely: (1)
These rules may be called the
Uttar Pradesh Private Security Agencies Rules, 2009. (2)
They shall come into force with
effect from the date of their publication in the Gazette. (1) In these rules, unless the context otherwise requires (a)
"Act" means, the
Private Security Agencies (Regulation) Act, 2005. (b)
"Form" means a form
appended to these rules; (2) Words and expressions used but not defined in these rules but
defined in the Act shall have the same meanings respectively assigned to them
in the Act. (1)
Every applicant while making an
application to the Controlling Authority for the issue of a fresh licence or
renewal shall enclose the Form 1 in triplicate duly filled in for verification
of his antecedents. If the applicant is a company, a firm or an association of
persons, the application shall be accompanied by Form 1 for every proprietor or
majority shareholder, partner or director of the company, as if they were also
the applicants. (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 per sub-section (3) of Section 7 of the Act, payable to
the Controlling Authority. (3)
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. (4)
The Controlling Authority shall
obtain a No Objection Certificate from the District Superintendent of Police of
the concerned district where the Agency intends to commence its activities. For
this purpose it will send him a copy of the application for the licence and its
attachments for verification and report. (5)
The District Superintendent 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: (i)
Whether the applicant or the
company earlier operated any Private Security Agency either individually or in
partnership of others and if so the details thereof; and (ii)
Whether the applicant possesses
any special qualification or skill, which may facilitate his operations of
Private Security Agency. (1) Before any person is employed or engaged as 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: (a)
by verifying the character and
antecedent of the person by itself. (b)
by replying upon the character
and antecedent verification certificate produced by the person: Provided that
the character and antecedent verification certificate shall be valid and the
Agency does not have any adverse report regarding the person's character and
antecedents from any other source as prescribed hereinunder, produced by the
person provided it is valid and the Agency does not have any adverse report
regarding the person's character and antecedent from any other source. (c)
by relying on the report received
from the police authorities signed under the authority of the District
Superintendent of Police or an officer of the equivalent or higher rank: Provided that a
report obtained in the manner mentioned in clauses (a), (b) or (c) shall be
valid only for a period of six months from the date of issue. (2) The person desirous of getting employed or engaged as security
guard or supervisor shall submit Form-II 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. (3) The Agency shall cause an enquiry into the correctness of the
particulars filled in either by itself or by sending the Form to the respective
District Superintendent of Police. (4) Every application for the verification of antecedents shall be
made in Form-I accompanied by demand draft or banker cheque of Rs 500 payable
to the Controlling Authority. (5) The Police authorities 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
shall 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 shall contain the
comments of the police on every claim of the person in character and antecedent
Form and also a general report about his activities including means of the
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 authorities shall specifically comment if engaging or
employing the person under verification by the Private Security Agency will
pose a threat to National Security. (7) The Police authorities shall ensure that character and antecedent
verification report is issued within 60 days of the receipt of the character
and antecedent Form. (8) The report of the police authorities regarding character and
antecedent of a person shall be graded as confidential. It will be addressed in
named cover to a designated officer of the Security 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 a character certificate in Form III which
will not be taken back by such Agency even if the person ceases to be the
employee of that Agency. (I) The Controlling Authority shall frame the detailed (raining
syllabus required for training the security guards. This training shall be for
a minimum period of hundred hours of classroom instruction and sixty hours
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 instruction and sixteen hours of
field training spread over at least seven working days. (II) The training shall 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 license,
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 equipments); (q) Leadership and management (for supervisors only). (III) The security guard will have to successfully undergo the training
prescribed by the State Government. On completion of the training each
successful trainee will be awarded a certificate in Form IV by the training
institute or organization. (IV) The competent Authority will inspect the functioning of 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. (V) All the agencies shall submit a list of successful trainees to the
Controlling Authority in the manner prescribed by it. (1) A person shall be eligible for being employed as security guard if
he fulfils the standards of physical fitness as specified below:
(i)
Height, 160 centimetre (for
Female 150 centimetre). Weight according to standard table of height and
weight. Chest 80 centimetre with an expansion of 4 centimetre (for female 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 equipment
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 kilometer in 6 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 shall be free from evidence of any contagious or
infectious disease. He shall 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 security guard working for it
undergoes a medical examination after every 12 months from his last such
examination so as to ensure his continued maintenance of physical standard as
prescribed for the entry level. (3-A) Preference
may be given to ex-Army personnel in the recruitment process. (1) There shall be one supervisor to supervise the work of not more
than fifteen 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
clause (1) of Section 7 of the Act shall be made to the Controlling Authority
in Form 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 prescribed
under clause (3) of Section 7, payable to the Controlling Authority. (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 officer may verify the training and skills imparted to
the private security guards and supervisors of any Private Security 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 licencee shall successfully
undergo a training relating to the private security service as prescribed by
the Controlling Authority within the time frame fixed by it. (2)
The licencee 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 licencee 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 licencee 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 Private Security 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. (5)
Every licencee 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)
Save as provided in these rules,
the fees paid for the grant of licence shall be non-refundable. (1)
Licence has to be taken in the
name of the employee security guard, when using the weapon. (2)
They shall subject the security
guard for annual target practice as prescribed by the competent authority. (1) Every Agency shall apply to the Controlling Authority for renewal
of the licence. (2) (i) The fees for renewal of the licence shall be carried as
prescribed in sub-section (3) of Section 7 of the Act. (ii) The form
for application of renewal of licence shall be same as the form for the
application for original licence. 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 superiors required under sub-section (2) of
Section 5 of the Act. (iii) the applicant continues to adhere to the licence conditions. (iv) the police authorities have no objection to the renewal of the
licence to the applicant. (1) Every appeal under sub-section (1) of the Act shall be preferred
in Form VII signed by the aggrieved person or his authorized advocate and
presented to the Secretary in-charge of Home Department in person or sent to
him by Registered Post. (2) The appeal shall be filed under Section 14 of the Act. Every
appeal shall be accompanied by demand draft or banker cheque of Rs 5000 payable
to the Secretary in-charge of Home Department, Government of Uttar Pradesh. 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 Form 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 date up to which the photo identity card is valid. (4) The photo-identity card shall be maintained up date and any change
in the particulars shall be entered therein. (5) The photo-identity card issued to the private security guard will
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 will be immediately
brought to the notice of the Agency that issued it. (1) Notwithstanding whether the Agency mandates its private security
guards to put on uniform while on duty or not, every private security agency
will issue and make it obligatory for its security guards 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 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 may carry a notebook and a writing
instrument with him. (4) 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
outermost garment above waist level on his person in a conspicuous manner. (1) Shall inform in writing to Controlling Authority/Superintendent of
Police concerned of names of security guard with details as and when they leave
the services of the agency within forty-eight hours of relieve with full particulars. (2) Shall inform in writing any addition in security man power and as
when it happened within forty-eight hours without fail with full particulars. (3) All sensitive installations or places of common congregation
including religious places and places of congregation namely ports, shopping
mall etc. as specified by local police authorities and are managed by Private
Security Agency it will be mandatory for the Security Agency to supply details
relating to agency of man power etc. and full police verification process will
be undertaken by police authorities. It will be the duty of the Agency to
inform the Controlling Authority/Superintendent of Police of entering into a
contract or cancelling a contract in such location within forty-eight hours. (4) Every Private Security Agency shall submit a detailed report about
the deployment of its security guard and supervisors etc. annually to the
Controlling Authority and the Superintendent of the Police of the concerned
District. If violation of
any law as laid down in Section 39 of the Code of Criminal Procedure, 1973 is
noticed by any Private Security Guard during the course of discharge of his
duties, he shall bring the same to the notice of the Police without any loss of
time. Every Private Security
Agency shall follow all the provisions of the law for the time being in force. UTTAR PRADESH PRIVATE SECURITY AGENCIES RULES, 2009
PREAMBLE
Rule
- 1. Short title and
commencement.
Rule
- 2. Definitions.
Rule
- 3. Verification of
antecedents of the applicants.
Rule
- 4. Verification of Character
and antecedents of private security guard and supervisor.
Rule
- 5. Security Training.
Rule
- 6. Standard of physical
fitness for security guards.
Rule
- 7. Provision for Supervisors.
Rule
- 8. Manner of making
application for grant of licence.
Rule
- 9. Grant of licence.
Rule
- 10. Conditions for grant of
licence.
Rule
- 11. Conditions for issue of
Arms Licence and its usage.
Rule
- 12. Renewal of licence.
Rule
- 13. Conditions for renewal of
licence.
Rule
- 14. Appeals and procedure.
Rule
- 15. Register to be maintained
by the Agency.
Rule
- 16. Photo Identity Card.
Rule
- 17. Other conditions.
Rule
- 18. All the Agency in addition
to the duties as specified in the Act and these rules.
Rule
- 19.