What is the need of regulating such agencies under PSARA act 2005 ?

Hiring an unknown to safeguard your valuable assets will not be a wise decision, hence it is advisable that one should hire someone after doing complete background verification.

Looking at today's world scenario wherein the crime and terrorism rate has become the big monsters, the demand for private security services has considerably enhanced and is in high demand amongst the public to protect them against such crime. That is the reason that nowadays many companies, organizations are getting registered in abundance.

The private security agencies safeguard the interest of the organization from the antisocial and anti national elements entry into the organization also it is doubly safe as the Private security service are regulated by the government since its formation to the operation of these agencies through the act Private Security Agencies Regulation Act, 2005. This field is very crucial and relates to the national security matter.

The Security of nation is covered in the concurrent list of Constitution thus the concerned state government, in which private security agency is located and providing its services, is bound to check out their affairs very carefully and if required shall formulate rules in respect of it. In order to run such agency to provide security guard one need to obtain PSARA license under the PSARA, 2005

What are the Procedure of Registration for Private Security Agency?

Pre-condition required to be fulfilled before proceeding for PSARA license:

The application is required to be made to the controlling authority of the sate pursuant to the Private Security Agency Regulation Act, 2005, along with the attachments such as the copies of registration certificate under various other Acts, taken before applying for the application for PSARA license to be annexed with the application form.

• Allotment of PAN
• Registration with GST
• Registration of establishment under Shops & Establishment
• Registration under the Contractual labor Act
• Provident fund (PF) registration
• Employees State Insurance (ESI) registration

Procedure to obtain PSARA License

• Various verification submission before required applicable authorities for each and everyone involved as the applicant firm and
• Make an application for the PSARA license before controlling authority of the particular state.
• Once the application is received by the Controlling Authority, it is scrutinized by the authority and required inquiries as deemed necessary are done.
• Thereafter the NOC is issued from the concerned Police authorities and controlling authority
• The authority after investigation shall either grant the license or rejects by giving the reason.
• Within 60 days from the date of making an application, the process should have been completed.
• An application may correspond to a district or for a certain number of district districts or for a state for the purpose of obtaining a license.
• Note that the application process may differ from state to state.

Fees for application

Every applicant shall pay a fee of-

(a) Rupees five thousand if the private security agency is operating in one district of a State;

(b) In case the agency is operating in more than one but up to five districts then Rupees ten thousand;

(c) In case it is operating in all over India then rupees twenty-five

What are the documents required to establish a Private Security Agencies under the Private Security Agencies Regulation Act, 2005?

• The certificate of incorporation of company or LLP
• The MOA and AOA of the company or partnership deed or such other agreement document.
• Details of the directors
• Logo for the security agency
• The armed used or to be used details and the licenses obtained by them
• Identify card and such proof of employees.
• The uniform pattern or dress code of such deputing security agents
• The character and background verification certificate for the employees.
• The board resolution or such document showing the decision taken to start a business of PSARA and duly signed by the authorized signatory of the company or organization.
• Required affidavits as stated in PSARA act.
• The tie-up may be in the form of MOU with the security training institute.
• Address proof of the place of the business

What shall happen to those organizations which are operating in private agency before the PSARA 2005?

In cases wherein the organization is operating carrying on the business of private security agency before the commencement of this Act, may continue to do so for a period of one year from the date of such commencement. In case the organization has made an application for such license within the said period of one year, in that case, the time allowed is till the disposal of such application.

Note that no private security agency shall provide the private security abroad without obtaining the permission of the Controlling Authority, and in addition before according such permission, the controlling authority shall consult the Central Government.

Rules and regulation under PSARA to regulate the license:

• Pursuant to rules, regulation and guidelines issued time to time certain compliances are required to comply once the PSARA license is received are given below:
• All the security agencies are required to hire and engage supervisors to supervise the work of security guards they have appointed or debuted in the other organization.
• Such a security agency is required to train its people that are provide the necessary training and its people should adhere to the skills of such security.
• Ex-Defense personals should be given preference over others. That is people from the army, navy or air force with minimum 3 years of experience must be taken first while engaging or recruiting a supervisor.
• The PASRA has specifically provided the criteria, qualification, and disqualification for a security guard.
• The Act covers the eyesight, health condition as well as about the uniform of the persons to be employed as a security guard.

Disqualification

Disqualification from opening such private security agency is as follows:

• If he/she has been convicted of an offense in connection with any fraud or misfeasance committed by him/her in relation to the company), it also includes an undischarged insolvent; or
• If a person has been convicted by a competent court for an offense for which the imprisonment is not less than two years; or
• Any person who is keeping links with any organization or association which is banned by law due to their activities which could be a possible threat to national security or public order or in cases where certain information about such a person is there of being indulged in activities which are prejudicial to national security or public order; or
• Any such person who is already dismissed or removed from the Government service due to misconduct or moral turpitude.