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State of Bihar - Section

Section 6 in Bihar Private Security Agencies Rules, 2011

6. Verification of Character and Antecedent of Personal Security Guards and Supervisor.

(1)Before any person is employed or engaged as a Private Security Guard or supervisor, the Agency shall satisfy itself about the character and antecedents of such person in any one or more of the following manners :-
(a)By verifying the character and antecedent of the person by itself.
(b)by relying upon the character and antecedent verification certificate produced by the person, as prescribed hereinunder produced by the person provided it is valid and the Private Agency does not have any adverse report regarding the persons character and antecedents from any other source.
(c)By relying on the report received from the District Superintendent of Police or an officer signed under the authority of District Superintendent of Police or an officer of the equivalent or higher rank.
(2)The person desirous of getting employed or engaged as Private security Guard or supervisor shall submit Form-II to the Agency. If the person has stayed in more than one district during the last five years, the number of forms will be as many as the number of districts.
(3)The Agency shall cause an inquiry conducted about the correctness of the particulars filled in either by itself or by sending the form to the respective District Superintendent of Police.
(4)For the verification of character and antecedent, the Private Agency will apply to the District Superintendent of the Police in Form-X and will pay an amount of Rs. 100/- as service charge of the above verification to the District Superintendent of Police. If the person has stayed in more than one district during the last five years, the Private Agency will pay fee to all districts.
(5)The Police will establish identity of the individual and verify the character and antecedents of the person by making a visit to the locality where the person claims to have resided or is residing and ascertain his identity and reputation from the respectable residents of the locality. They will also consult the records of the Police Station concerned and other records at the District Police Headquarter before preparing the character and antecedent verification report. This report will contain the comments of the Police on every claim of the person in character and antecedent form and also a general report about his activities including means of livelihood in the period of verification. The Police will specifically state, if there is a criminal case registered against the person at any point of time or if he has ever been convicted of criminal offence punishable with imprisonment.
(6)The police will specifically comment if the engaging or employing the person under verification by the private security Agency will pose a threat to national security.
(7)The police authorities shall ensure that character and antecedent verification report is issued within ninety days of the receipt of character and antecedent form.
(8)The report of the police regarding character and antecedent of person will be graded as confidential. It will be addressed in named cover to a designated officer of the Private Security Agency requesting for character and antecedents.
(9)Character and antecedent's verification report, once issued, will remain valid for three years.
(10)On the basis of police verification and on the basis of their own verification, the Private agency shall issue in Form-Ill a character certificate and this certificate will not be taken back by such Private Agency even if the person ceases to be the employee of the Private Agency.
(11)Those Private Security Agencies who are themselves giving certificate of character and antecedent to their Private Security Guards and supervisors, shall be responsible for such certificate of character and antecedent. If the character and antecedent of such Private Security Guards and supervisors are found doubtful later on, the licence of the concerned security Agency shall be cancelled, a fine of Rs. 50,000/- shall be imposed or a criminal case shall be instituted or both the punishment may be given to it.