Haryana Private Security Agencies Rules, 2009

Haryana Private Security Agencies Rules, 2009


Rule 1: Short title

These rules may be called the Haryana Private Security Agencies Rules, 2009.

Rule 2: Definitions

(1) In these rules, unless the context otherwise requires;
(a) “Act” means the Private Security Agencies (Regulation) Act, 2005(Central Act 29 of 2005);
(b) “Agency” means a Private Security Agency;
(c) “Form” means a form appended to these Rules;
(d) “recognized institute” means any police or paramilitary training institution or such other training institution, as approved by the Controlling Authority.

(2) Words and expressions not defined in these rules but defined in the Act, shall have the same meanings
respectively assigned to them in the Act.

Rule 3: Controlling Authority

(1) The Additional Director General of Police, Law and Order, Haryana Police shall be designated as the Controlling Authority.

(2) The Controlling Authority shall be responsible for maintaining a website where all relevant information namely, the Act, rules, procedures, forms, circulars, notices for the general public shall be available both in Hindi as well as English, in order to do away with the need for personal visit.

(3) Every Agency shall designate an authorized representative and intimate the same to the Controlling Authority. Correspondence with the Agency shall be made, as far as possible, by electronic means through its authorized representative. The submission of application forms, verification requests along with related documents,
forms, fees etc. may also be made online.

Rule 4: Verification of antecedents of the applicant

(1) An application for grant or renewal of licence under sections 7 or 8 shall be made by the applicant in Form V to the Controlling Authority along with information in Form I for verification of his antecedents. If the applicant is a
company, a firm or an association of persons, the application shall be accompanied with Form I for every
such applicant.

(2) On receipt of such application, the Controlling Authority shall make, or cause to be made, such enquiries,
as it considers necessary to verify the contents of the application and the particulars of the applicants.

(3) The District Superintendent of Police or the Commissioner of Police, as the case may be, 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 operated any private security agency earlier, either individually or in partnership with 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.

Rule 5: Verification of character and antecedents of private security guards

(1) No person shall be employed or engaged as a security guard unless the Agency has satisfied itself about
the character and antecedents of such person in any one or more of the following manners, namely:-
(a) by verifying the character and antecedents of the person by itself;
(b) by relying upon the character and antecedent verification certificate produced by the person:
Provided that the character and antecedent certificate is valid and the Agency does not have any adverse report regarding the person’s character and antecedents from any other source; or
(c) by relying on the report received from the police signed under the authority of the District Superintendent of Police.

(2) The person desirous of getting employed or engaged as security guard or supervisor shall submit information in Form II to the Agency. If the person has stayed in more than one district during the last five years, one copy per district shall be submitted.

(3) The Agency shall cause an inquiry into the correctness of the particulars filled in either by itself or by sending the Form II to the respective District Superintendent of Police.

(4) Where the Agency decides to verify the character and antecedents through the police, the police officer entrusted with the task of such verification shall visit the locality, where the person claims to have resided or is
residing, and ascertain his identity and general reputation. Police records shall be consulted before preparing the character and antecedents verification report. Criminal history of the person, if any, shall be specifically
highlighted:
Provided that if a person has submitted copy of a reliable proof of identity, like a passport or any other identity
document, as may be specified by the Controlling Authority in this regard from time to time, visit to the locality shall be dispensed with.

(5) For availing services of the police for character and antecedents verification, the Agency shall submit Form II
of the person along with a fee of Rs. 500/- per candidate. The fee may be paid in cash, cheque, banker’s cheque or by electronic transfer.

(6) In case the Agency decides to verify the character and antecedents of the person by itself, it shall mandatorily
consult the Police records/crime criminal database to ascertain the criminal history. For this purpose, the
Agency shall submit a request to the concerned District Superintendent of Police along with information furnished  by the applicant in Form II along with a fee of Rs. 200/- per applicant. The police shall furnish the aforesaid report on the basis of police records only.

(7) The police authorities shall ensure that character and antecedent verification report and the report of verification of criminal history of the person for the purpose of sub rule (6), are issued within thirty days and ten days respectively of the receipt of the request failing which it shall be presumed that they have nothing adverse to report.

(8) The contents of the report of the police regarding character and antecedents of a person shall be kept
confidential at all times.

(9) The character and antecedents verification report once issued, shall remain valid for a period of five years.

(10) On the basis of police verification or on the basis of their own verification, the Agency shall issue a character
certificate in Form III. This certificate shall not be taken back by such Agency even if the person ceases to be the
employee of that Agency.

Rule 6: Security Training

(1) Training shall be imparted to the security guards on the following subjects, namely:-
(a) conduct in public and correct wearing of uniform;
(b) physical fitness ;
(c) physical security, security of the assets, security of the buildings/apartments, personnel security, household security;
(d) fire fighting;
(e) examining identification papers including identity card, passport and smart cards;
(f) should be able to read and understand English alphabets and Arabic numerals as normally encountered at the time of identification of documents, arms licenses, travel documents and security inspection sheets;
(g) identification of improvised explosive devices;
(h) first aid;
(i) crisis response and disaster management;
(j) defensive driving (compulsory for drivers of armored vehicle and optional for others);
(k) handling and operation of non prohibited weapons and firearms (optional);
(l) rudimentary knowledge of The Indian Penal Code, 1860(45 of 1860), relating to right to private defense, procedure for lodging first information report in police station as mentioned in Code of Criminal Procedure, 1973;
(m) identification of different types of arms in use in public and police;
(n) use of security equipment and devices like security alarms and screening equipments ; and
(o) leadership and management (for supervisory staff only).

(2) The duration of the training for security guards shall be a minimum of hundred hours of classroom instruction
and sixty hours of field training spread over at least twenty working days in a recognised institute. Ex-servicemen and former police personnel shall however be required to attend only a condensed course of minimum forty hours of classroom instructions and sixteen hours of field training spread over atleast seven working days.

(3) First level and second level supervisors concerned with the management of security services rendered by the
Agency, shall also be imparted training for a period not less than three months, minimum six hours every day,
from a recognized institute. For the persons having experience of defence, paramilitary or police service, a
condensed course of six weeks duration shall suffice. In addition to the subjects for the training of security guards, they shall also be imparted training in criminal law, police working, leadership and managerial skills.

(4) Every security guard and supervisor concerned with the management of security services rendered by the
Agency shall have to successfully undergo the training. On  completion of training, each successful trainee shall be granted a training certificate in Form IV by the recognized institute.

(5) Unsuccessful candidates shall not be assigned to security duty until they successfully complete the training.

(6) All Agencies shall submit a list of successful trainees to the Controlling Authority.

(7) The Controlling Authority shall lay down norms and the procedure for grant of recognition to training institutions, both public and private, for the purpose of imparting training to private security guards and
supervisors in accordance with these rules.

Rule 7: Standard of Physical Fitness

(1) No person shall be eligible for being engaged or employed as security guard or supervisor concerned with
the management of security services, unless he fulfills the following standards of physical fitness:-
(i) (a) Height: Men -160 cms
Women -150 cms
(b) Weight: According to standard table of height and weight.
(c) Chest: 80 cms with an expansion of 4 cms (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 color blindness; should be able to identify and distinguish color display, 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 kilometer in six minutes (Persons above forty five years of age shall get relaxation of one minute).
(iv) Hearing: free from defect and should be able to hear and respond to the spoken voice and the alarms generated by security equipments.
(v) The candidate shall 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 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) The 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 the continued maintenance of physical standard as specified for the entry level.

Rule 8: Supervisors

(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 such number of supervisors so that at least for
every six private security guards there is one supervisor available for assistance, advice and supervision.

Rule 9: Grant of Licence

(1) An application for the grant of a licence under section 7 shall be made to the Controlling Authority in Form V.

(2) Every application referred to in sub- rule (1) shall be accompanied with such fee as stipulated in sub section (3) of section 7. Payment shall be made by cash, demand draft, bankers cheque or electronic transfer.

(3) Every application referred to in sub-rule (1) shall be (i) either personally delivered, or
(ii) sent to the Controlling Authority by registered post, or,
(iii) submitted online, provided the same is digitally signed by the applicant.

(4) On receipt of the application referred to in sub-rule(1), the Controlling Authority shall send an acknowledgement to the applicant, either manually or electronically, as the case may be.

(5) The Controlling Authority, after receiving the application under sub-rule (1) shall grant a licence to the
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:
Provided that no licence shall be issued without a no objection certificate from the District Superintendent of
Police or the Commissioner of Police, as the case may be, of the district where the Agency has its principal place of business. For this purpose the Controlling Authority shall send a copy of the application for license along with its enclosures to the concerned district.

(6) 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 private security agency.

(7) The Controlling Authority may review the continuation or grant of licence of such Agency which may not have adhered to the condition of ensuring the required training.

Rule 10: Conditions for Grant of Licence

(1) The licencee shall inform the Controlling Authority regarding any change of persons forming the Agency or
their address within thirty days of such change.

(2) The licencee shall intimate the Controlling Authority about any criminal case registered against a person
forming the Agency or against a private security guard or supervisor engaged by the Agency within ten days of his
knowledge of registration of FIR. A copy of such communication shall also be sent to the officer in charge of the police station where the said person resides.

(3) Every licencee shall abide by the requirements of physical standards for private security guards and
supervisors and their training as prescribed in there rules as the condition on which the licence is granted.

(4) Save as provided in these rules, the fees paid for the grant of licence shall be non-refundable.

Rule 11: Renewal of Licence

(1) An application shall be made to the Controlling Authority for renewal of the licence under section 8 in
Form V.

(2) The fee for renewal of the licence shall be the same as for the grant thereof.

Rule 12: Conditions for Renewal of Licence

The licence shall be renewed subject to the following conditions, namely:-
(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 stipulated training for private security guards and supervisors;
(iii) the applicant continues to adhere to the license conditions;
(iv) the Controlling Authority has obtained a no objection certificate from the District Superintendent of Police or the Commissioner of Police, as the case may be, of the district where the Agency has its principal place of
business.

Rule 13: Appeal

An appeal preferred under section 14 shall be in Form VII along with a fee of Rs. 2000/-, signed by the appellant or
his authorized representative and may be presented in person or by registered post to the State Government.

Rule 14: Register

The register under section 15 shall be maintained by the Agency in Form VIII.

Rule 15: Photo Identity Card

(1) Every private security guard shall be issued a photo identity card under section 17 by the Agency in Form IX.

(2) The photo identity card shall have sufficient security features.

(3) The photo identity card issued shall be maintained upto date and any change in the particulars shall be
entered therein.

(4) The photo identity card shall be returned to the Agency when the private security guard is no longer engaged or employed by it.

(5) Any loss or theft of photo identity card shall immediately be brought to the notice of the Agency.

Rule 16: Other Conditions

(1) Every private security guard while on duty shall 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 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; and
(f) photo identity card on the outer most garment above waist level on his person in a conspicuous manner.

(2) The clothes worn by the private security guard while on duty shall be such that they do not hamper with
his efficiency.

(3) Every private security guard shall carry a note book and a writing instrument with him.

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