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Section 15: Repeal and Savings

the Rajasthan Private Security Agencies (Regulation), Rules, 2022State Rules of Rajasthan · 2005

The Rajasthan Private Security Agencies (Regulation) Rules, 2006 is here by repealed:

Provided that such repeal shall not-

(i) affect anything done or any action taken under the rules, so repealed; or

(ii) affect obligation or liability acquired accrued or incurred under the rules, so repealed; or

(iii)affect penalty, forfeiture or punishment incurred in respect of any offence committed under the rules, so repealed; or

(iv) affect any investigation, legal proceeding or remedy in respect of such obligation, liability, penalty, forfeiture or punishment as aforesaid.

Form-I (see rule 3,and 5) APPLICATION FOR GRANT OF LICENCE /RENEWAL OF LICENCE TO ENGAGE IN THE BUSINESS OF PRIVATE SECURITY AGENCY Application form Application form for New / Renewal Licence (Please mark the tick () option) Presently issued Licence no. for the Renewal of licence To The Controlling Authority ………………………………… ……………………………………..

The undersigned hereby applies for obtaining a licence to run the business of operating services in the area of Private Security Agencies:-

1. Full name of the applicant:

2. Nationality of the applicant:

3. Son/wife/daughter of:

4. Residential Address:

163 रारस् ाान रार-पत्र, अगस् त 26, 2022 भाग 4(ग)

5. Address ,where the applicant desires to start his Agency, Mobile No. and E-mail ID:

6. Name of the Private Security Agency:

7. Additional details of the Private Security Agency (if applicable):

(a) CIN No…………………………

(b) ESI No……………………………

(c) EPF No…………………………

(d) Labour Licence No…………………….

(e) Labour Registration No…………………..

(f) GST No…………………………………

(g) Any other information………

(h) Whether the Agency has FDI? (Yes/No)……..

If Yes, Give the following information;

(i) Country of FDI :…………………………………

(ii) Name of foreign shareholder:………………….

(iii) Address of foreign shareholder :……………….

(iv) Year of investment:……………………………..

(v) No. of shares:……………………………………….

(vi) Percentage of foreign shareholding:………………

(vii) Approval details of FDI: ……………………………….

(Please attach the relevant document of FDI approval.)

8. Name and addresses of Proprietor, partner, Majority shareholder, Director and Chairman of the Agency:

S.No. Management Type (Proprietor/partner/Majority shareholder/Director/Chairman) Name Address DIN No.

(if held) ID Proof with no.

9. Name and extent of facilities available:

10. (a) Does the applicant possesses the training facility in its own or will get it on outsourcing basis?..............……

(b) If the applicant has own training facility, please provide the following information:

Name of training agency:

Address of Training agency:

Recognition details of Training agency:………………………………………….

11. Equipments which will be used for Security services

(a) Door Framed Metal Detector (DFMD)

(b) Hand Held Metal Detector (HHMD)

(c) Mine Detector

(d) Other Equipments

(i) Wireless Telephones

(ii) Alarm Devices

(iii) Armoured Vehicles

(iv) Arms

12. The particulars of the uniform including color. (Please attach color photo of uniforms).

13. Does the applicant intends to operate in more than one districts? If so the name of the Districts

1.______ 2._______3._______4.________5.________

14. Does the applicant intend to operate in the entire state? Yes/No भाग 4(ग) रारस् ाान रार-पत्र, अगस् त 26, 2022 164 Signature Name of the applicant Address of the application Telephone number of the applicant Date of application Enclosure:

1. Photo of the premises of the Agency.

2. ID Proof of all Management personnel.

3. Recognition details of training agency (if applicable).

4. Colour photo of uniforms.

5. Documents (if applicable) under the agency details given in Para 7 above.

6. Copy of current Income tax Clearance Certificate.

7. Affidavit as prescribed in Section 7 sub-section (2) of the Act

8. Attach the Private security Training Certificate of applicant/ applicants under the rule of 4

(1)

9. Other enclosures.

Form-II (see rule 3 and 5) Form for verification of Antecedents of Applicant NOTE: If the applicant is a company, a firm or an association of persons, this form shall be filled up by every proprietor or majority shareholder, partner or director of the company, as if they are also the applicants.

Signature of the Applicant ---------------------------------------------------------------- For official use only Form number Antecedents verification issued by : Date Fee Amount Rs. -----------Cash /D.D. -------------Name of Bank ------------ D.D No. -------- Date of Issue --------------- Please fill in BLOCK LETTERS: (CAUTION: Please furnish correct information.

Furnishing of incorrect information or suppression of any factual information in the form will render the candidate unsuitable for grant of licence)

1. Name of applicant (Initials not allowed) First name --------------- middle name----------------------Last Name-----------------

2. If you have ever changed your name, please indicate the previous name(s) in full ------------------------------------------------------------------------------------------------------------

3. Sex (male / female). ---

4. Date of Birth (DD/MM/YYYY): ------------------------

5. Aadhaar No.____________________

6. PAN No.________________________

7. Place of Birth: Village / Town ----------------------- District ---------------------------State and Country -------------------------------

8. Father's Full Name/ Legal Guardian's Full Name (including surname, if any): (Initials not allowed) ------- -----------------------------------------------------------------------------

9. Mother’s Full Name (including surname, if any): (Initials not allowed) --------------------------------------------------------------------------------------------------

10. If married, Full Name of Spouse (including surname, if any). (Initials not allowed) ------------------------------------------------------------------------------------------------------ 165 रारस् ाान रार-पत्र, अगस् त 26, 2022 भाग 4(ग)

11. Present Residential Address, including Street No./police station, village and District (with state and country PIN code) ------------------------------------------------------------------------------------------------------------------ --- Telephone No./Mobile No.-----------------------------------------------------

12. Please give the date since residing at the above-mentioned address: (DD/MM/YYYY)------ ---

13. Permanent Address including Street No./police station, village and District (with PIN code)------------------------------------------------------------------------------------------------------------ ----------- 14. If you have not resided at the address given at COLUMN (11) continuously for the last five years, please furnish the other address (addresses) with duration(s) resided.

From …………….To.…………… Address ___________________________ _____________________________

15. In case of stay abroad particulars of all places where you have resided for more than one year after attaining the age of twenty-one years. ------------------------------------------------------

16. Other Details:

(a) Educational Qualifications. :

(b) Previous positions held if any along with name and address of employers:

(c) Reason for leaving last employment:

(d) Visible Distinguishing Mark:

(e) Last 3 years IT Return:

S.No. Assessment Year Copy of ITR enclosed (Yes/No)

1. ……………. …………………….

2. …………….. ……………………..

3. ………………… ………………………..

(f) Affidavit incorporating the provisions of Section 6 of the Act enclosed: Yes/No

17. Did you earlier operated any Private Security Agency or were its partner, majority shareholder or Director? If yes then furnish the name, address of the Agency and its licence particulars.

…………………………………………………………………..

18. Are you a citizen of India by: Birth/ Descent/Registration/Naturalization: If you have ever possessed any other citizenship, please indicate previous citizenship ……………………….

19. Have you at any time been convicted by a court in India for any criminal offence and sentenced to imprisonment? If so, give name of the court, case number and offence. (Attach copy of judgment) ……………………………………………………………………………

20. Is/Are any criminal proceeding(s) pending against you before a court in India? If so, give name of court, case number and offence …………………………………………………………………………………………………

21. Self- Declaration:

The information given by me in this form and enclosures is true and I am solely responsible for accuracy.

(Signature of applicant) Date………….

Place ………… Enclosures:

…………………………………………………………………………………………………… …………………………………………………………………………………………… भाग 4(ग) रारस् ाान रार-पत्र, अगस् त 26, 2022 166 (Signature of applicant) Form-III (See rule 3 and 5) Affidavit I……………………………S/o / D/o / W/o Mr./Ms. ……………………..resident of ……………………………..is a Proprietor/ Partner/ Director of M/s…………………………..

(Name of firm/agency/company) at ………………………. (Address of firm/agency/company). I do hereby solemnly affirm and declare as under:

1. That the deponent is a citizen of India.

2. That the deponent has attained the age of 18 years.

3. That the details of the Proprietor/ Partners/ Directors (Please indicate the details of all the Partners/ Directors) are as under:

S.No. Name of the Proprietor/ Partners/Directors Designations in the Firm / agency/company (Proprietor/ Partner/ Director) Residential Address

4. That the deponent or any of the Proprietor/ Partner/ Director has not been convicted of any offence in connection with promotion, formation or management of a company (any fraud or misfeasance committed by him in relation to the firm/agency/company), including an undercharged insolvent.

5. That the deponent or any of the Proprietor/ Partner/ Director has not been convicted by a competent court for an offence, the prescribed punishment for which is imprisonment of not less than two years.

6. That the deponent or any of the Proprietor/ Partner/ Director has not been -

(a) keeping links with any organization or association which is banned under any law on account of their activities which pose threat to national security or public order; or

(b) indulging in activities which are prejudicial to national security or public order.

7. That the deponent or any of the Proprietor/ Partner/ Director has not been dismissed or removed from Government service on grounds of misconduct or moral turpitude.

8. That the firm/agency/company is registered in India and does not have a proprietor or a majority shareholder, partner or director, who is not a citizen of India.

9. That the deponent and all the Partner/ Director of the firm/agency/company shall comply with the provisions of sub-section (2) of section 9 of the Private Security Agencies (Regulation) Act, 2005 (Central Act No. 29 of 2005) by ensuring availability/imparting of such training and skills to its private security guards and supervisors as prescribed.

10. That the deponent and all the Partner/ Director of the firm/agency/company shall fulfill the following conditions of licence as stipulated under section 11 of the Private Security Agencies (Regulation) Act, 2005 (Central Act No. 29 of 2005).

(i) prescribed training which the licensee is to undergo;

(ii) details of the person or persons forming the agency;

(iii) obligation as to the information to be provided from time to time to the Controlling 167 रारस् ाान रार-पत्र, अगस् त 26, 2022 भाग 4(ग) Authority regarding any change in their address, change of management;

(iv) obligation as to the information to be provided from time to time to the Controlling Authority about any criminal charge made against them in the course of their performance of duties of the private security agency or as the case may be, a private security guard employed or engaged by them.

(v) Controling Authority may verify about imparting of required training by the private security agency under sub-section (2) of section 9 of the Act and may review continuation or otherwise of licence of the private security agency if the agency have not adhered to the condition of ensuring the required training.

11. That there are no cases registered with police or pending in court of law against the deponent.

or That there are cases registered with police or pending in court of law against the deponent.

(Details shall be enclosed)

12. That the deponent and all the Partner/ Director of the firm/agency/company will comply, conditions of licence and in letter and spirit, with the provisions of the Private Security Agencies (Regulation) Act, 2005 (Central Act No. 29 of 2005) and rules made thereunder and also comply with the instructions issued from time to time by the Controlling Authority appointed under the Act, while managing private security agency with the name and title M/s……………………………………..

Deponent Verification:- I,…………………………. hereby solemnly affirm on ………..(date) that the contents of above this affidavit are true and correct to the best of my knowledge and belief nothing has been concealed therein.

Deponent Note: (i) Point No. 4 to 8 relates to compliance of section 6 of the Act.

(ii) Point No. 9 relates to compliance of section 9(2) of the Act.

(iii) Point No. 10 and 11 relates to compliance of section 11 of the Act.

(iv) Strike the points which are not applicable.

From-IV (see rule 3(12) and 5(4)) GOVERNMENT OF RAJASTHAN Licence to engage in the business of Private Security Agency Serial No--------- Date-------------- Name of the Private Security Agency:……………………………….

Shri.---------------------------------------------------(name of the Applicant) S/o ---------------------------------------------------------------r/o------------------------------------------- --------------------------------------(Full Address)----------------------------------------------------------- -----is granted the licence by the Controlling Authority for the State of Rajasthan ----------------- ------------------------------- to run the business of Private Security Agency in the district(s) of / State of ( strike of the inapplicable words) ------------------------------------------------------------------------------------------ -- with office at ………(address of the office) Place of Issue ---------------- भाग 4(ग) रारस् ाान रार-पत्र, अगस् त 26, 2022 168 Date of issue ------------------ This license is valid up to --------------------------------- Signature Name of granting authority Designation Official Address RENEWAL (See rule 5(4)) Sl. No. Date of Renewal Date of expiry 1 2 3 4 Signature Name of renewing authority Designation Official Address Form-V (see rule 7(2)) Form for verification of Character and antecedents of Security Guard and Supervisor Signature of the Applicant --------------------------------- For official use only Form number Character & antecedents verification issued by : Date Fee Amount Rs. ------------Cash /D.D ------------Name of Bank ------------ D.D No. ----- Date of Issue --------------- Please fill in BLOCK LETTERS: (CAUTION: Please furnish correct information.

Furnishing of incorrect information or suppression of any factual information in the form will render the candidate unsuitable for employment /engagement in the Private Security Agency.)

1. Name of applicant as should appear in the photo-identity card (Initials not allowed) Last name _________________ First name____________________________

2. If you have ever changed your name, please indicate the previous name(s) in full _________________________________________________________________

3. Sex (male/female). …._________________________

4. Date of Birth (DD/MM/YYYY): _____________

5. Aadhaar No.______________________________

6. Place of Birth: Village / Town ________________ District ______________________State and Country __________________________________

7. Father's Full Name/ Legal Guardian's Full Name (including surname, if any): (Initials not allowed) ------------------------------------------------------------------------------------ 169 रारस् ाान रार-पत्र, अगस् त 26, 2022 भाग 4(ग)

8. Mother’s Full Name (including surname, if any): (Initials not allowed) --------------------------------------------------------------------------------------------------

9. If married, Full Name of Spouse (including surname, if any). (Initials not allowed) ------------------------------------------------------------------------------------------------------

10. Present Residential Address, including Street No. /police station, village and District (with state/country PIN code) ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------ Telephone No./Mobile No.------------------------------------------------------------------------

11. Please give the date since residing at the above mentioned address: DD/MM/YYYY ---------------------------------------------------------------------------------------

12. Permanent Address including Street No./police station, village and District (with PIN code)------------------------------------------------------------------------------------------------------------ -----------------------------------------------------------------------------------------------------

13. If you have not resided at the address given at COLUMN (10) continuously for the last five years, please furnish the other address (addresses) with duration(s) resided.

From …………….To.…………… Address ___________________________ _____________________________ ___________________________ ______________________________

14. In case of stay abroad particulars of all places where you have resided for more than one year after attaining the age of twenty-one years.

……………………………………………………………………………………………

15. Other Details:

(a) Educational Qualifications: ……………………………………………………..

(b) Previous posts held along with name and address of employer:……………… …………………………………………………………………………………………….

(c) Reason for leaving last employment:…………………… ………………………

(d)Visible Distinguishing Mark on body: …………………………………………………

(e) Height (cms):……………………………………….

(f)Affidavit incorporating the provisions of Section 10 (1) & (2) of the Act enclosed: Yes/ No

16. Are you working in Central Government/ State Govt/ PSU/ Statutory Bodies: Yes/ No

17. Are you a citizen of India by: Birth/Descent/Registration/Naturalisation: If you have ever possessed any other citizenship, please indicate previous citizenship………………………

18. Have you at any time been convicted by a court in India for any criminal offence & sentenced to imprisonment? If so, give name of the court, case number and offence. (Attach copy of judgment) ………………………………………………………………………

19. Is/Are any criminal proceeding(s) pending against you before a court in India? If so, give name of court, case number and offence ……………………………………………… ……………………………………………………………………………………………

20. Has any court issued a warrant or summons for appearance or warrant for arrest or an order prohibiting your departure from India? If so, give name of court, case number and offence .………………………………………………………………………………………

21. Self Declaration:

The information given by me in this form and enclosures is true and I am solely responsible for accuracy.

22. Thumb impression:

(Signature of applicant) Date ………….

भाग 4(ग) रारस् ाान रार-पत्र, अगस् त 26, 2022 170 Place ………… Enclosures:

…………………………………………………………………………………………………… …………………………………………………………………………………………………… (Signature of applicant) Form-VI (see rule 7(2)) Affidavit I……………………………S/o / D/o / W/o Mr./Ms. ……………………..resident of …………………………….. (Residential Address) offer myself for employment as a private security guard/supervisor in the private security agency M/s………………………….…..

(Name of firm/agency/company) at ……………………….(Address of firm/agency/company).

I do hereby solemnly affirm and declare as under:

1. That I am a citizen of India.

2. That I have attained the age of 18 years but have not attained the age of 65 years. My date of birth is………………..

3. That I have not been convicted by a competent court.

4. That I have not been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency.

Deponent Verification:- I,…………………………. hereby solemnly affirm on ………..(date) that thecontents of above this affidavit are true and correct to the best of my knowledge and belief nothing has been concealed therein.

Deponent Note: The provisions of sub-section (2) of section 10 of the Private Security Agencies (Regulation) Act, 2005 (Central Act No. 29 of 2005) may be printed at the back of affidavit for awareness of deponent as follows:

“Section 10. Eligibility to be a private security guard.

(2) No person who has been convicted by a competent court or who has been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency shall be employed or engaged as a private security guard or a supervisor.” FORM-VII (see rule 7(6)) CHARACTER AND ANTECEDENT CERTIFICATE (This certificate is issued under the provisions incorporated in the rules of the Private Security Agencies (Regulation) Act, 2005.)

This is to certify that Mr. /Ms. ………………….. , Son/Daughter of ------------------- whose particulars are given below has good moral character and reputation and that the 171 रारस् ाान रार-पत्र, अगस् त 26, 2022 भाग 4(ग) applicant has been staying at the following address(es) continuously for the last one year …………………………………………………………………………………………………… … Date of Birth Place of Birth Educational Qualification:

Profession:

Present Address Permanent Address This certificate is issued on the basis of …………………. (Source of certificate) and shall be valid up to a period of five years from its date of issue.

Issuing Authority Signature Name Designation Address/Tel.No.

Date of Issue FORM-VIII (see rule 8(4)) Training Certificate Serial number Name of the Training Agency Address of the Training agency Training Agency Recognition No………… [The recognition of this agency is valid upto…………….(date)] Certified that ___________ son/daughter of _______resident of ______has completed the prescribed training for the engagement or employment as a Private Security Guard/ Supervisor/ licencee confirming to National Skill Qualification Framework (NSQF) standards from ___ till ____.

His signature is attested below.

Signature of the Certificate Holder Signature of issuing authority Designation Place of issue Date of issue FORM-IX (see rule 11) Form for Appeal An Appeal under section 14 of the Act To , Appellate Authority, ……………………..

Appellant _________________ भाग 4(ग) रारस् ाान रार-पत्र, अगस् त 26, 2022 172 S/o______________________ r/o______________ Versus Controlling authority/_____________ The _____________ above named appeal to the Appellate Authority specified in section 14 of the Private Security Agencies (Regulation) Act, 2005 against the order of (Controlling Authority) dated ____ day of________ under the provisions of section 14 of the said Act. The grounds of appeal are as under:-

1. ________________

2. __________________

3. _________________

4. __________________ Enclosed list of documents ----------------------- Signature Name and Designation of the Appellant Date Place Form-X (see rule 12) Register of Particulars (Register A: Management details) S.No. Name of person(s) managing the Agency Parent’s/ Father’s name Present address& phone no.

Permanent Address Nationality Date of joining/leaving the agency (Register B: Private Security Guards and Supervisor) S.

No.

Name of Guard/ Supervis or Father’s name Present address & phone no.

Date of Joining/ leaving the Agency Perman ent Address Photogra ph Finger Prints Empl oyee No.

Salary with date, ESI, EPF number s and Bank/ Branch through which paid.

1 2 173 रारस् ाान रार-पत्र, अगस् त 26, 2022 भाग 4(ग) (Register C: Customers) S.No. Name of the Customer & phone no.

Address of the place where Security is provided Number and ranks of Security Guards provided Date of commencement of services Date of discontinuation of services (Register D: Duty Roster) S.No. Name of the Private Security Guard /Supervisor Address of the place of duty Whether provided with any arms/ ammunition Date and time of commencement of duty Date and time of ending of duty Form-XI (see rule 13) Photo Identity card for Private Security Guard/Supervisor (Name of the Private Security Agency) Identity Card No…………………..

Name ----------------------- Official Designation--------------------------------- Employee no. --------------------------- Blood Group__________________ Date of issue --------------- Valid up to ----------------------- Signature of the cardholder----------- [F.No.37(1)Home-9/2021] By the order and in the name of Governor, Seema Kumar, Joint Secretary to the Government.

_____________ Government Central Press, Jaipur.

photo

Where this provision sits

Actthe Rajasthan Private Security Agencies (Regulation), Rules, 2022
Section15
Marginal noteRepeal and Savings
JurisdictionState of Rajasthan
StatusIn force as published by the source

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