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No-24021/26/2021-PM-] Government of India Ministry of Home Aftairs Police Modernization Division

orders · 2005 · State unknown

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Parent: THE PRIVATE SECURITY AGENCIES (REGULATION) ACT, 2005 (b7c69dda19646669f17ae6b3e88bbf5d23188d22)

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1/3036344/2022 No-24021/26/2021-PM-] Government of India Ministry of Home Aftairs Police Modernization Division Jalsalmer House, 26, Man Singh Road, New Delhi, dated the Jcm June, 2022 To Controlling Authorities (PSARA) of all the States/UTs. Subject: Advisory for glving preference to retired personnel of Defense Forcesl Central Armed Police Forces (CAPFs) State Policel Home Guards for employment in Private Security Agencles: Madam/Sir , It is brought to the notice of your otfice , in connection with the Private Security Agencies (PSA) in the country; which are regulated through grant of mandatory license as per the provisions of the Private Security Agencies (Regulation) Act; 2005, there exists, & provision relatec to giving preferencel in employment provided by PSA) It is also pertinent to mention that; the sub-section (3) of section 10 of the Act stipulates that "Every prlvate security agency may; while employing a person as a private security guard; give preference to & person who has served as a member in one or more of the following; namely:" Army: (li) Navy; (ili) Air Force; (Iv) any other armed forces of the Union; (v) Pollce, including armed constabularies of States; and (vi) Home Guards" 2 AIl tne Controlling Autnorities are; therefore advised to encouragelsensitize the private security agencies/Cesh Transportation Agencies under thelr jurisdiction to strictly adhere t0 the above provisions of the Act both in letter and spirit) , by ensuring preference in employment of retired personnel of Defense Forces/ Central Armed Police Forces (CAPFs)l State Policel Home Guards for Private Security Services in terms of the following advantages: Easy availabilityIverification of their character & antecedents credentials: ji Already holding experience of providing Security

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2 · AIl tne Controlling Autnorities are; therefore advised to encouragelsensitize the private security agencies/Cesh Transportation Agencies under thelr jurisdiction to strictly adhere t0 the above provisions of the Act both in letter and spirit) , by ensuring preference in employment of retired personnel of Defense Forces/ Central Armed Police Forces (CAPFs)l State Policel Home Guards for Private Security Services in terms of the following advantages: Easy availabilityIverification of their character & antecedents credentials: ji Already holding experience of providing Security Services to institutions ii, Well trained t0 deal with different kind of contirigerciesl hostile situations: iv Will be having the experience of working In Uniformed Services with emphasis on aisciplined work culture. Treined to adhere to the professional attributes of Sincerity, Punctuality and devotion t0 the duty
3 · , Olive Heritage Foundation" At 60-Olive Bhawan, HUDA Market (DSC), Sector-23- A, Gurugram: 4 Eagle Pledge, Mustkil # 67 , Killa # 11/12, 20/1,10 and Mustkil # 68, Killa # 6 & 15, Village- Alipur; Tehsil- Sohna, Sohna Gurugram Road, Gurugram: 5 Skylark School of Business & Technology, at Plot No. 319, Palam Vihar, Extn. Gurugram: 6_ Millennium Skill Assessors Private Limited, Sector-23, Carterpuri, Gurugram: 7 Uniform Security And Facility Pvt: Ltd: VPO Jhangirpur, (Jhajjar to Badli Main Road) , Jhajjar. 8_ Bolster Academea, at Rajiv Nagar, Palwal, VPO Tehsil & District Palwal.
2 · It is to inform to all the States/UTs that the following fields in the online licensing application submitted through PSARA portal are non-editable for transparency in the system: Type of application New or Renewal ii, Name of private security agency iii. Address of private security agency iv, Agency operational area i,e. one district/two to five districts/entire State.
1 · Addl. Chief Secrotrary (HomaJFrincipal Secretary (Hlome) in,all the States and UTs 2 Director Generals of Police in all the States and UTs 3 , Commissioner of Police, Delhi , 4. Controlling Authority (PSARA) in all the States and UTs Sub: Wearing khaki uniform by private security guardslsupervisors regarding: Madam/Sir , am directed to say that this Ministry is in receipt of various queries With regard to the visearing ofhxhaki uniform' by private security guards. In this connection,the follawing provisions of the Private Security Agencies (Regulation) Act, 2005 [PSAR Act] are re- iterated for information of all the State/UT Governments: (_) 'private security' means security provided by a person, other than a public servant; to protect or guard any person or property or both and includes provision of armoured car service; [Section 2(f)] (ii) "private security agency' means a person or body of persons other than 3 government agency department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industriel or business undertaking or a company or any other person or property; [Section 2(9)]: (iii) "private security guard" means a person providing private security with without arms to another person or or property or both and includes a supervisor" [Section 2(h)]: (iv ) "No person shall carry on or commence the business of private security agency; unless he holds a licence issued under this Act" [section 4], (v)a "Penalty for unauthorized use 0f certain uniforms: If any private security guard or supervisor wears the uniform of the Army, Air force, Navy or any other armed forces of the Union or Police or any dress having the appearance or bearing any of the distinctive marks of that uniform, he and the proprietor of theicprivate security agency shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees; or with both. [Section 21] 2 Aisthe States and UTs are 'therefore; requested to ensure compliance of the above proviso of the PSAR Act; 2005, Yours faithfully, #,Jo( (Manohar N. Sukole) Under Secretary to the Government of India Telefax: 23386126
1 · NIC, MHA for uploading the SOP o PSARA portal (psara gov.in) &nd for making necessary changes in the private security agency licensing portal, 2. SO (IT), MHA for uploading on the website of' MHA for information of training institutes and general public.
1 · 1 'Private Security Agency' means a person or body of persons other than government agency, department or organisation engaged in the business of providing private security services including training to private security guards o their supervisor or providing private security guards to any industrial or business undertaking or company or any other person O1 property. [Section 2(g)]
1 · 3 An application for grant of' licence to private security agency shall bc made to the Controlling Authority in such form a8 may be prescribed: [Section 7(1)]
1 · 4 Every private security agency ghall ensure imparting of such training and skills to its private security guards and supervisors as may be prescribed. [Section 9(2)]
1 · 6 The State Government may make provision in the rules to verify about imparting of required training by the private security agency under sub-section (2) of gection 9 and to review continuation or otherwise of license of such private security agency which may not have adhered to the condition of ensuring the required training: [Section 11(2)]
2 · 1 The Rules provide the subjects and minimum duration of trainings for guards/supervisors and licensees as below:
2 · 2 The Controlling Authority shall frame the detailed training syllabus required for training the security guards in accordance with National Skill Qualification Framework (NSQF) [Rule 8(1)] 2.3 The Controlling Authority shall frame the detailed training syllabus required for training the licensee (of Private Security Agency). [Rule 4(2)] 2.4 On completion of the training, each successful trainee shall be awarded a certificate in Form VIII by the training institute: [Rule 8(4)] 2.5 The training certificates issued to the guards/ supervisors from Training Institutes in one State shall be accepted in other State also. It is valid for the entire Country. [Rule 8(5)] 2,6 The Controlling Authority shall inspect the functioning of training facility from time to tiine either by itself or through its OW. officers, Normally such inspection shall be conducted at least two times every year: [Rule 8(6)] 2.7 All the training agencies shall submit a list of successful trainees to the Controlling Authority in the manner prescribed by it: [Rule 8(7)] 2.8 The Controlling Authority either by itself o through its officers may verify the training and skills imparted to the private security guards and supervisors of any private training agency: [Rule 8(9)]
1 · 1 Every training institute imparting trainings in the sector of private security services (regulated under the PSAR Act, 2005) shall apply for its Recognition with the Controlling Authority concerned in the prescribed forms [except Para 10 (regarding own/outsourced training facility) and Para 12 (regarding uniform) of Form-I (Application for licence), while applying licence for & training institute] along with the licence fee a8 per Rule 3 of the Private Security Agencies Central Model Rules, 2020. 1.2 The Controlling Authority shall recognizelgrant licence to a training institute for & period of five years a8 per provisions under Rule 3 of the central model rules, 2020 and it can be renewed further for another five years and %0 on.
13 · Renewal of license of training institute shall be as per Rule 5 and 6 of the Private Security Agencies Central Model Rules, 2020.
2 · 1 The Controlling Authority shall process tbe applications for licenselrecognition of training institute in the same manner as followed for grant of licence to a private security agency.
2 · 2 The Controlling Authority shall pass an order on applications for fresh licenselrecognition of training institute within sixty days from the date of receipt of it; complete in all respects. In case of renewal of licensehrecognition, the time limit shall be thirty days.
2 · 3 In case of rejection of the application, no order of rejection shall be made unless, (a) the applicant has been given & reasonable opportunity of being heard; and (b) the grounds on which licence is refused ig mentioned in the order,
2 · ,5 The Controlling Authorities shall give a notice to the training institutes running without licencehrecognition asking them to apply for licence immediately. Reasonable time of six months may be given before taking action for contravention of section 4 of the PSAR Act a8 per section 20(1) ofthe Act II Conditions of license /recognition to training institutes 1 The following are the conditions of license /recognition to training institutes 1,1 Training institute shall conduct the training courses a8 per the syllabus prescribed by the Controlling Authority aS provisioned under Rule 8 (for private security guardsl Supervisor) and/or Rule 4 (for licensees) Appropriate action for taking approval under NSQF is being taken by the Ministry of Home Affairs. Till such time this approval process is completed the syllabus presently included in the Rules shall be treated a8 the syllabus prescribed by the Controlling Authority: 1.2 The Controlling Authority shall satisfy himself of the minimum infrastructure required, based on training capacity, to run the training institute for which licensel recognition is issued by him.
1 · 3 On completion of the training, each successful trainee shall be awarded certificate in the prescribed format (Form VIII) by the training institute. 1.44 AIL the training agencies shall submit list of successful trainees to the Controlling Authority in the manner prescribed by it; IV. Monitoring & Review: 1_ Controlling Authorities shall monitor working of training institutes and compliance of training provisions by the private security agencies in the following manner: 1.1 Working of the training institutes under their jurisdiction would be reviewed regularly by the Controlling Authority. 1.2 The Controlling Authority shall inspect the functioning of training facility from time to time either by itself or through its own officers at least two times every year: 133 The Controlling Authority either by itself or through its officers shall verify the training and skills imparted to the private security guards and supervisors by the training agency.
1 · 4 Regular review must be taken in respect of implementation of Section 9(2), since such contraventions attract punishment under Section 20(2). Contravention of the provisions of sections 9(2) by private security agency, i,e,, non-imparting of training ad skills to private security guards and supervisors is punishable with a fine which may extend to twenty-five thousand rupees, in addition to suspension O cancellation of the license of such agency:
2 · In view of the above, Controlling Authorities may dispose of the applications of private security agencies appropriately:
1 · Ms. Seema Jain, Sr: Technical Director, NIC, MHA for information and with the request to make a suitable updation in PSARA software so that an application for renewal of licence could only be submitted by an applicant only if it is applied within the area of operation of the existing licence (for ensuring compliance of above provisions).
2 · This is for information to all the Controlling Authorities for appropriate disposal of PSARA licence applications in the portal (psara:gov.in) Yours faithfully,