Bill No. XL of 2007 THE PRIVATE DETECTIVE AGENCIES (REGULATION) BILL, 2007 ———— ARRANGEMENT OF CLAUSES
CHAPTER I CLAUSES 1. 2. PRELIMINARY Short title, extent and commencement. Definitions. CHAPTER II THE CENTRAL PRIVATE DETECTIVE REGULATORY BOARD 3. 4. Constitution of Central Board. Powers and functions of Central Board. CHAPTER III THE STATE PRIVATE DETECTIVE REGULATORY BOARD 5. 6. Constitution of State Board. Powers and functions of State Board. CHAPTER IV REQUIREMENT OF LICENCE TO CARRY OR COMMENCE THE BUSINESS OF PRIVATE DETECTIVE WORK 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Persons or private detective agency not to carry on or commence the business of private detective agency without licence. Eligibility for licence. Persons not eligible for licence. Application for grant of licence. Renewal of licence. Conditions for commencement of operation and engagement of agents. Eligibility to be a private detective agent. Conditions of licence. Exhibition of licence and voluntary disclosure. Cancellation and suspension of licence. Appeals. Register to be maintained by a private detective agency. Inspection of licence. Issue of photo identity card.
SERVER 3 \ BILL 2007 \ RS \ 2394RS
CHAPTER V CLAUSES 21. 22. 23. 24. FINANCE,
ACCOUNTS AND AUDIT
Grants by Central Government and constitution of Fund. Grants by State Governments and constitution of Fund. Accounts and audit of Central Board. Accounts and audit of State Board. CHAPTER VI OFFENCES AND PENALTIES
25. 26. 27. 28. 29.
Disclosure of information to other persons. Matters relating to a cognizable offence. Punishment for contravention of certain provisions. Prohibition for violating the privacy or causing annoyance. Offences by companies. CHAPTER VII MISCELLANEOUS
30. 31. 32. 33. 34. 35. 36.
Indemnity. Power of Central Government to make rules. Power of State Government to make rules. Act not in derogation of any other law. Powers of Central Government to give directions. Power to relax in certain cases. Power to remove difficulties.
SERVER 3 \ BILL 2007 \ RS \ 2394RS
Bill No. XL of 2007 THE PRIVATE DETECTIVE AGENCIES (REGULATION) BILL, 2007 A
BILL to provide for the regulation of private detective agencies and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows: — CHAPTER I PRELIMINARY 1. (1) This Act may be called the Private Detective Agencies (Regulation) Act, 2007. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. Short title, extent and commencement.
2. (1) In this Act, unless the context otherwise requires,— (a) “appropriate Government” means the Central Government or a State Government; (b) “Board” means the Central Regulatory Board or, as the case may be, a State Regulatory Board; (c) “Central Board” means the Central Private Detective Regulatory Board constituted under section 3; (d) “licence” means a licence granted under sub-section (5) of section 10; (e) “notification” means a notification published in the Official Gazette; (f) “prescribed” means prescribed by rules made under this Act; (g) “private detective work” means collection of information in a lawful manner for such an objective by a licensed private detective agency; (h) “private detective agency ” means a person or a body of persons or a firm or a company holding a valid licence to carry out the detective work for remuneration or reward on agency basis for other persons; (i) “private detective agent ” means a person who carries out the private detective work for a private detective agency; (j) “State Board” means the State Private Detective Regulatory Board constituted under section 5; (k) “State Government”, in relation to a Union...