In this Act, unless the context otherwise requires,—

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(a) "armoured car service" means the service provided by deployment of armed guards along with armoured car and such other related services which may be notified by the Central Government or as the case may be, the State Government from time to time;

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(b) "Controlling Authority" means the Controlling Authority appointed under sub-section (1) of section 3;

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(c) "licence" means a licence granted under sub-section (5) of section 7;

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(d) "notification" means a notification published in the Official Gazette;

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(e) "prescribed" means prescribed by rules made under this Act;

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(f) "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;

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(g) "private security agency" means a person or body of persons other than a 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 industrial or business undertaking or a company or any other person or property;

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(h) "private security guard" means a person providing private security with or without arms to another person or property or both and includes a supervisor;

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(i) "State Government", in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under article 239 of the Constitution.

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(1) A private security agency shall not employ or engage any person as a private security guard unless he—

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(a) is a citizen of India or a citizen of such other country as the Central Government may, by notification in the Official Gazette, specify;

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(b) has completed eighteen years of age but has not attained the age of sixty-five years;

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(c) satisfies the agency about his character and antecedents in such manner as may be prescribed;

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(d) has completed the prescribed security training successfully;

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(e) fulfils such physical standards as may be prescribed; and

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(f) satisfies such other conditions as may be prescribed.

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(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.

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(3) Every private security agency may, while employing a person as a private security guard, give preference to a person who has served as a member in one or more of the following, namely:—

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(i) Army;

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(ii) Navy;

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(iii) Air Force;

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(iv) any other armed forces of the Union;

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(v) Police, including armed constabularies of States; and

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(vi) Home Guards.

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(1) The State Government may, by notification, make rules for carrying out the provisions of this Act.

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(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

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(a) the procedure for verification of character and antecedents under clause (c) of sub-section (1) of section 10; the type of training under clause (d) of sub-section (1) of section 10; the physical standard under clause (e) of sub-section (1) of section 10; and other conditions under clause (f) of sub-section (1) of section 10;

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(b) the number of supervisors to be employed under sub-section (3) of section 9;

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(c) the form of an application for grant of licence under sub-section (1) of section 7;

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(d) the form in which the licence to be granted under sub-section (4) of section 7 and conditions subject to which such licence to be granted under section 11;

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(e) the form of an application for renewal of licence under sub-section (1) of section 8;

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(f) the form under sub-section (2) of section 14 for preferring an appeal;

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(g) particulars to be maintained in a register under sub-section (1) of section 15;

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(h) the form in which photo identity card under sub-section (2) of section 17 be issued;

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(i) any other matter which is required to be, or may be, prescribed.

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(3) Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

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(4) In respect of Union territories, every rule made to carry out the provisions of the Act shall be laid before each House of Parliament and where there exists a Legislative Assembly, before that Assembly

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The Central Government may frame model rules in respect of all or any of the matters with respect to which the State Government may make rules under this Act, and where any such model rules have been framed the State Government shall, while making any rules in respect of that matter under section 25, so far as is practicable, conform to such model rules.

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(1) This Act may be called the Private Security Agencies (Regulation) Act, 2005.

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(2) It extends to the whole of India ¹***.

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(3) It shall come into force on such date² as the Central Government may, by notification in the Official Gazette, appoint.

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