Private Security Agencies (Private Security to Cash Transportation Activities) Rules, 2018

GOVERNMrnNIOF PUDUCHERRY Abstract Home Department - "The Private Security Agencies (Private Security to Cash Trasnportation Activities) Rules, 2018"· under the Private Security Agencies HOME DEPARTMENT G.O.Ms. No. 72 ORDER: The following notification shall be published in the next issue of the official Puducherry, dated26.09.2019 gazette:- NOTIFICATION In exercise of the powers conferred by sub-section (1) of section 25 of the Private Security Agencies (Regulation) Act, 2005 (29 of 2005), the Lieutenant - Govemor, Puducherry hereby makes the following rules, namely: - . 1. Slwrt title and cimmencement» (1)These rules may be called the Puducherry Private Security Agencies (Private Security to Cash Transportation Activities) Rules, (2) These rules shall come into force on the expiry of six months of their publication in the Offic'al Gazette. 2. Definitions» In t hese rules, unless the context otherwise requires> (a) 1/ Act" means the Private Security Agencies (Regulation) Act, 2005 (29 of 2005); (b) "AIM" means the automatic teller machine that dispenses cash or performs other banking services when an account holder of any bank inserts a Bank card therein; Explanation» For the purposes of this clause, "Bank card" includes credit card or debit card; (crcash handling agency", "cash replenishment agency "or "cash-in-transit agency" means an at;ency or entity, by whatever name called, engaged in cash transportation activities: (d)"cash transportation activities" means the physical transfer of cash, such as banknotes, coins, credit card, debit card or other items of value from one location to another, and includes loading cash in to, or unloading cash from, an ATM machine; (e)"private security" or "private security agency" shall have the same meaning as assigned to it in clause (f) or clause (g) of section 2 of the Act; (f)"Schedule" means a Schedule appended to these rules .. 3. Private Security for cash transportation actioities etc:- (1) No private security shall be provided by the private security agency for cash transportation activities unless he holds a license under the Act. (2) For the pUlpose of providing private security for cash transportation activities, a contract mar be entered into between- (a) a private security agency holding a license under the Act and the bank concerned; or (b) a cash handling agency and the bank concerned; Provided that in case the cash handling agency holds a license as a private security agency under the provisions of the Act, such cash handling agency may itself provide the private security to cash transportation activities in accordance with the provisions of these ~ulEs. (3) Private armed security guards deployed for security of the cash van shan be employed for security purposes only and they should not be involved in carrying cash boxes during the duty which may divert their security attention. 4. Use of specially designed and fabricated cash van.- (1) No private security agency shall provide private security or private security guards to a Bank or a cash handling agency for cash transportation activities, unless such activities are carried out in a secured cash van, which complies with the conditions for design and specification specified in the First Schedule, owned by it or owned by the Bank or the cash handling agency, as the case may be. (2) No taxi or hired vehicle shall 'be used forcash transportation activities by the Provided that a vehicle which is on 'long term contract with the private security agency or Bank or cash handling agency and the vehicle complies with the ,-,;,L-' conditions for design and specification laid down under sub-rule(1) may be used by the private security agency. . Provided further that in case of any remote location where private security agencies are not present and not serviced by a currency chest, any vehicle at such location may be usedas .m exception under the strict security control and support of the local police. 5. Requisite number c] trained staff per cash uan» (1) The private security agency shall provide the private security for the cash transportation activities with the requisite number of trained staff directly appointed or engaged by the private security agency, as specified in sub-rule 12). (2) Every cash 'Tan shall have the following minimum staff, possessing the qualifications and trair ing laid down under section 10 of the Act, on board for every single cash transportation activities, namely:- (i) Driver: one; (ii) Armed security guards - two and (iii) ATM officer or custodian - two (3) The cash van shall always be escorted by at least two trained armed security guards on board: Provided that r iore than two armed security guards may be deputed on a cash van depending on the amount of cash carried and in accordance with the individual company's insurance guidelines or client contract or terrain of operation. (4) Where the cash van is a medium motor vehicle, one armed guardshall sit in i' the front along with the driver and another in the rear portion of the van and while in transit, loading or unloading, nature's call, tea or lunch break, at least one armed security guard shall rema in present with the cash van all the time; (5) Notwithstanding any other provision in these rules, the ex-serviceman, otherwise eligible, may preferably be appointed or engaged by the private security agency for providing security for cash transportation activities. 6. Antecedent check of personnel» (1) No private security agency shall appoint or engage or deploy any personnel for the cash transportation activities, unless such personnel has undergone thorough antecedent check and his proper KYC verification and police verification is done, before appointing or engaging or deploying them by the agency, in accordance wth the provisions of the Act or any other law for the time being in force. Explanation.- For the purposes of this sub-rule, the expression "KYC" means the know your customer pl'Ocess of an agency or business identifying and verifying the identity of its clients cr person associated or to be associated with the agency or business. (2) Every private security agency shall be responsible to comply with the following checks before an individual is appointed or engaged to participate in cash transportation activities, namely:- (a) police clearance certificate - every individual shall obtain the police clearance certificate fror i his local police station before appointment or engagement; (b) residence verification - the private security agency shall use its own resources to conduct a physical verification of the residential address of every individual, including general conduct, check and the individual shall furnish to the security agency the proof of residential address of at least three years before appointment or engage:nent for the cash transportation activities; (c) previous €mployer check - the private security agency shall use its own resources to conduct reference check with previous employers of the individual, if any; (d) Aadhar verification - each individual appointed or engaged for the cash transportation activities s.iall be antecedent verified through Aadhar number from the Unique Identification Authority of India; (e) credit history check - the private security agency shall conduct a credit history check of every individual appointed or eng~ged to ensure that wilful credit defaulters are not appointed or engaged for the cash transportation activities; (f) fidelity insurance - the private security agency shall obtain a fidelity insurance in respect of every personnel appointed or engaged for the cash transportation activities. 7. Adequate training and certification of personnel» The private security agency shall ensure that every personnel appointed or engaged for cash transportation activities shall be imparted,- (a) the training ar.d certified for the security and safe handling of such activities as per the reqt.irements of training laid down in the Second Schedule; .r (b) the refresher training once in every two years. 8. Live CPS tracking of cash van during operations» (1) Every cash transportation activities shall be carriec. out only in secured cash vans fitted with GPS tracking device. Explanation» For the purposes of this sub-rule, the expression "GPS' means the global positioning system which is a space based navigation system that provides location and time information in all weather conditions, anywhere on or near the Earth where there is an unobstructed line of sight to four or more GPS satellites. (2) The private security agency shall ensure that each cash van shall be monitored at all times curing cash transportation activities through a redundant communications protocol. 9. Guideline for maximum cash carrying limit in a single cash uan:- (1) The private security agency involved in cash transportation activities shall ensure that no cash van carries cash of more than five crores rupees per trip. (2) The private security agency shall ensure that secured cash van shall be deployed for carrying cash of more than ten lakh rupee~ per trip. 10. Specification for prioate cash vaults used for holding and overnight vaulting of Bank currency.- The private security agency shall ensure that all cash handling, including counting, sorting and br.ndling activities shall be carried out in secured premises in accordance with the following guidelines, namely:- (a) Location of private cash vault premises - the premises used for cash handling activities shall be located to ensure safety of activities/ operations including areas closer to bank's cash withdra wal centre or police station and secluded areas with poor connectivity be avoid~d. (b) Design of premises - the premises shall be designed to include two physically independent areas, one for general office purpose and other for secured cash processing and handling activities and it shall accommodate space for cash deposit, collection, sorting, counting and delivery and dispatch of cash on secured cash vans; (c) Cash vault - a secured area shall be designed to store cash to meet with the requirement of the Reserve Bank of India specified for cash vaults in accordance with the following specifications, namely:- (i) in smaller cities with limited overnight vaulting requirements of less than ten crore rupees, a strong room with defender safes; (ii) at operation centreswith overnight vaulting requirements between ten to one hundred crore rupEes, vaulting facility as per norms of the Reserve Bank of India specified for C Class vaults; (iii) at large operation centres with overnight vaulting requirements of more than one hundred crore rupees, increased vaulting facility in consultation with the concerned Bank; and (iv) all overright vaulting facilities shall have provision to store currency of multiple Banks in separate and exclusive bins; (d) Security of cash vault- the private security agency shall ensure the following security' aspects at its cash vault used for secured handling of cash on behalf of the Bank, namely:- (i) adequate number of armed private security guards are deputed round the clock; (ii) premises .s under 24x7electronic surveillance and monitoring; (iii) cash vat.It is provided with CCTV system with adequate number of cameras having at least rinety days recording facility; . (iv) the activities at cash vault is undertaken under dual custody basis; (v) the main cash vault area complies with all safety norms, like firefighting systems, srr.oke detection systems, emergency lighting,. control room for monitoring the movement of vehicles, auto-dialer and burglar security systems; (vi) security alarm with GSM based auto dialer, fire and magnetic sensor are installed; (vii) the 103ding and unloading area of cash is covered by night vision (viii) electric p)wer supply inside the cash vault is provided through plug- in-plug-out system; (ix) carrying of naked light inside the cash vault is strictly prohibited and dry battery operated torches or emergency lights are used inside strong rooms; (x) emergency lighting with the help of inverter shall always be available to the security staff; and (xi) cash processing and vault areas shall have restricted and controlled access, preferably through interlocking systems and frisking. Explanation> For the purposes of this rule, the expression "CCTV" mean the closed circuit television which is a self contained surveillance system comprising cameras, recorders and displays for monitoring activities in a store or company. 11. Measures for risk mitigation» (1)The private security agency shall ensure that the ATM under its security shall be fitted with one time electronic combination locks for reducing the instances of crew pilferage losses and ATM frauds. (2) The cash for loading in to an ATM machine shall be collected from the Bank on previous day or in.the first half of the day so that operation can be concluded before the time stipulated in sub-rule (3). (3)No cash loading of the ATMs or cash transportation activities shall be done- (a) after 9 P\1 in urban areas; (b) after 6 PM in rural areas; and (c) before ') AM or after 4 PM in the districts notified by the Central Government as Left Wing Extremism (LWE)affected areas. THE FIRST SCHEDULE [See rule 4(1)] DESIGN AND SPECIFICATION FOR SECUREDCASH VANS (a) Make. - The cash van shall- (i) be a Light Commercial Vehicle with an engine capacity of not less than 2200 (ii} be not more th m seven years old; (iii) have tubeless tyres; (iv) have a ground clearance of not less than 190 mm; and (v) accommodate minimum of five passengers. (b) Layout.- The cash 'Tan shall. have the compartment for storing cash, physically separated and locked from the passenger compartment unit; (c) Cash compartment security.- (i) The cash compartment should be inaccessible from outside the van unless operated internally through manual or electronic lock and cash compartment is specially reinforced with steel with only one door and grill gate; (ii) the entrance of the cash comparhnent shall be from the rear side to ensure proper visibility, operational feasibility and CCTV surveillance; (iii) all windows and wind screen shall have wire mesh protection of not more than one square inch and each window mesh shall have a circular port-hole of six inches diameter for use of weapons; (iv) the panic swiches for operating the hooter are available with the driver and other occupants. (d) Cash box security.- Each of the cash boxes shall be secured to the floor with separate chains and have locks that can be opened or locked only by using separate keys kept with different custodian and cash for each bank shall be carried, preferably in a separate box with name of the bank written on it. (e) Other security features> (i) The cash van shall be provided with a small CCTV system with at least five days recording facility and three cameras installed in front, rear and inside of the cabin. (ii) A security alarm with GSM based auto-dialer shall be provided with a motorized siren. (iii) The cash van shall be equipped with hooter, fire extinguishers and emergen~y lights to ensu re quick reaction in case of an attack. THE SECOND SCHEDULE [Seerule 7(1)(a)] TRAINING FOR PERSONNEL APPOINTED OR ENGAGED IN CASH TRANSPORTATION ACTIVITIES (a) Basicsof cash handling and cash transportation activities.- (i) Scope of service (iii) Role of driver, armed guard, cash custodian (iv) Functioning of cash vans (v) Contact details of concerned agencies (vi) Threat and risks involved (vii) Reporting procedure (b) Threat and risks.- (i) Criminal and miscreant action (ii) Tailing by vehicle-borne criminals (iii) Specificthreats to stationary and moving vehicle (v) Fraudulent practices by team members (vi) Loss of life and medical emergency (vii) Road accident and vehicle breakdown (viii) Fire accident (c) Safety and security 1)£ cash van.- (i) In-built saety features of the cash van carrying cash and valuables (ii) Cash boxed for carrying cash valuables (iii) Locking and security systems (iv) Weapon and ammunition (vi) Global Positioning System (vii) Fire extinguishers (viii) Distress alarm (d) Agencies.- (i) Controlling: Authority under the Private Security Agencies (Regulation) Act, 2005 (= 9 of 2005) (iii) Controlling supervisor and operations manager (v) Ambulance and hospital services (e) Weapons, ammunition and documents.- (i) Minimum 12.bore DBBLshot gun should be provided to the guards. Gun must be test fired at least once in two years. Gun cartridges must be replaced or:ce in 2 years. Gun must be checked and certified by a Governmenr approvedarmourer, (ii) Documents - gun license, identity card and permission to carry weapon during restrictions imposed by authorities (iii) Real weapons carried by miscreants (iv) Other objects which can be used as weapon by miscreants (£) Emergency and incident response> (i) Distress alarm procedure (iii) Use of weapon to deter and resist criminals and miscreants" (iv) Ensure safety of team members and consignment (v) Disengage from situation and drive vehicle to,safety (vi) Evacuation of the injured (i) Antecedent check procedure (ii) The Provident Funds Act, 1925 (19 of 1925) and benefits (iii) The Minimum Wages Act, 1948 (11 of 1948) and benefits (iv) The Employees State Insurance Act, 1948 (34 of 1948) and benefits. (v) Leave entitlement and application procedure (vi) Other company rules (vii) Obligations as employee / IHy Order of the Lieutenant Governor / I UNDER SECRETARY TO GOVERNMENT To The Director of Stationery and printing,} with a request to publish in the next official Puducherry gazette and send 15 copies to this Department.. Copy to: 1. The Secretary to Government (Finance), Puducherry. 2. The Collector (Puducherry IKaraikal). 3. The Director General of Police, Puducherry. 4. The Under Secretary to Government of Iridia, MHA(Police Modernization Division), Jaisalmer House, 26, Man Singh Road, New Delhl-110 011. o 5. The Regional Administrator (Mahe/Yanam). 6. The Director, Directorate 0 f Accounts and Treasuries, Puducherry. 7. The Convenor, SLBC, lndian Bank Zonal OffiCe,} Request to communicate all Public 66/4, East Coast Road, Pakkamudayanpet, Sector/Private Banks in the U.T. of Puducherry - 605 008. Puducherry. 8. Central Record Branch 9. G.O. file 10. Stock file