Introduction: Private Security Agencies (Regulation) Act
With the increase on the crime rate, the need of security agencies has increased. Apart from providing the security these agencies also provide the training to the guards or to other agencies. The agencies or the companies who provide such services are Private Secuity Agency (PSA).
Table of Contents
- Introduction: Private Security Agencies (Regulation) Act
- Private Security Regulation Act (PSARA)
- Guidelines under the PSARA Act
- Eligibility for License
- Documents required
- Registration Procedure for PSARA License
- Eligibility for hiring a security guard
- Compliances for PSARA License
- Renewal of PSARA License
- Cancellation or suspension of license
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Private Security Agencies
A Private Security Agency Services (PSA) provides the services of armed and unarmed security guards for the protection. PSA helps in security to the world by providing services like patrol services, bodyguard, guard dog, parking security etc. Private security agencies can provide security services to private and government companies, restaurant, guesthouses and hotels, housing societies, private bungalows etc. The PSAs are registered and regulated under Private Security Regulation Act, 2005 (PSARA).
The Private Security Agencies not only provide security services but also provides the training to security guards.
Benefits to hiring PSA
- Ensures the safety of the premises and people
- Safeguards the internal security
- Provides skilled officers for the services
- Provide a safe environment for employees
- Trained professionals
- Helps in protecting against threatening
- Ensures the living place safety
- Provides active surveillance
- Third party Liability, no liability of the person of the person who has appointed the guards
Private Security Regulation Act (PSARA)
If a person wants to start Private Security agency then obtaining a PSARA License is a prior requirement. PASARA Act can in motion in 2005 which has provided the regulations and guidelines for the operations of the Private Security Agency (PSA). PSAs are the entities which are involved in the business of providing service and training of Security Guards. According to PASARA Act, the PSAs are considered as an alternate to the police in terms of providing security only. PSARA regulates all the actions of PSAs.
Objectives of PSARA Act
- Provides the guidelines and regulation for the functioning of Private Security Agencies
- Provides a legal framework and regulatory mechanism so that PSAs can operate their work smoothly.
- Checks, whether the PSAs or any person appointed, is not intruding duties of the police or using the weapons in an illegal manner or are indulge in criminal activities.
- This act also prohibits the PSAs to provide any resembling uniform with those of the police to their guards.
Features of PSARA Act
- PASARA Act id regulated by Ministry of Home Affairs (MHA).
- No PSA can start their operation without getting PASARA license.
- Central Government has introduced the Private Security Agencies Model Rules in 2006.
- As per Section 25 of the PASARA ACT, the states can framed their own rules for the regulation.
Guidelines under the PSARA Act
Appointment of controlling authority
- The State Government has to appoint an officer not below the rank of Join Secretary in the Home Department of the State or an equivalent officer as a Controlling Authority.
- This appointment is needed to be circulated by notification.
Eligibility for License
- The applying candidate shall not have any conviction of an offense; is not convicted by a competent court for any offense; relates such organization that are banned under any law; dismissed or terminated from government service.
PSAs can’t initiate their operations or provide security guards without license
Only a PSARA license holder can start the business, provided-
- The person already operating such activity can continue to do so, but only for a period of one year from the date of commencement of PASARA Act.
- No PSA can provide private security outside India without permission of Controlling Authority.
Use of uniform
- Act prohibits from the use of such uniforms which match with those of the police.
- The uniform should not be too tight or too loose, it should be well fitted.
- All the PSAs are required to a detailed training syllabus framed by the Controlling Authority.
- Training given should last for a minimum period of 100hrs of classroom instruction and it must include 60 hours of field training.
- Ex-servicemen and former police are required to attend training for a minimum of 40hrs of classroom and minimum 16 hrs field training.
- PAN of the company
- Incorporation documents
- GST registration
- Shops & Establishment Registration Certificate
- PF and ESI registration
- Labour Act registration
- Character certificate of employees.
- Proof of ownership proof of business place
- Identity card of employees
- Details of armed licenses
- Uniform photo
- Logo of security agency
- MOU training
Registration Procedure for PSARA License
Collecting all documents
- Assemble documents like Pan, TAN, GST, PF, ESI, Incorporation certificates, Shop and Establishment Registration, ITR etc. for the filing procedure
MOU with a Training Institute
- Entity is required to go for a Memorandum of Understanding (MOU) with a training institute/organization approved by the state controlling jurisdiction. This is required for the training to the security guards.
- Police verification is recorded in Form – I
- Application is submitted towards the PASARA authority which will get scrutinized by officials and receipt of the NOC is granted from Police specialists. The PASARA authority has a right to approve the license or rejects with an explanation.
Timeline for Issue of PSARA
- It can take up to 60 days to get the approval from the date of documentation of the PSARA application. An application can be applied for a district or for five districts or for entire state.
Individuals restricted from approval
- Convicted of an offense
- Convicted by court for offense for which the punishment of imprisonment is not less than two years
- Relates to any organization that is banned under any law
- Dismissed or terminated from government service
Commencement of operation
- All Private Security agencies have to commence their activities within 6 months from the date of issuing the PASARA license.
- They must initiate with the prescribed training and skills of their security guards or supervisors.
Eligibility for hiring a security guard
- Citizen of India
- Have completed 18 years of his age and should not be more than 65 years;
- Do the background check in order to satisfy character and antecedents
- Gone through the complete the prescribed security training;
- Should satisfy prescribed physical standards.
- Any convicted or dismissed or terminated on grounds of misconduct or moral depravity cannot be employed as a private security agency guard.
Compliances for PSARA License
- PSA have to hire supervisors to supervise the work and commencement of guards appointed
- Train the security guards after the appointment in their firm
- Give priority to ex-defense individuals having a minimum of three years of experience
- Proper uniform is required to be provided.
Renewal of PSARA License
- Required to apply the application minimum 45 days prior to the expiry date of the license.
- The application is required to be filled along with requisite fee and required documents mentioned under sections 6, 7 and 11 of PASARA Act.
- Renewal of the license can take up to 30 days from the date of receipt.
- Authority has a right to renew or refuse the license
Cancellation or suspension of license
- If the license if obtained by misinterpretation or suppression of facts
- Used fraudulent documents or photographs
- Violation of the provisions of PSARA Act
- Any act conducted as a threat to national security or hampered prejudicial to national security or public order or law and order
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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