Private security agencies happened to be the ones engaged in offering security services comprising training of security guards to any industrial or business undertaking or a company or any other person or property. The functions of a private security agency come under the jurisdiction of the “The Private Security Agencies (Regulation) Act, 2005. In this write up, we delve into the method for getting a Private Security Agency License in detail.
The Private Security Agencies (Regulation) Act, 2005
The Private Security Agencies Act, 2005 governs every aspect of the running of a private security agency business in India. The Act encompasses the entire India with the exception of the State of Jammu and Kashmir and is in vogue since June 2005.
Appointment of Governing Authority by State Government
The Act makes provision for every State Government to assign an officer, not lower than the rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be the Controlling Authority for the State. The Controlling Authority for the State can issue private security agency license, renewal and controlling of function of private security agencies. Also, the Act gives powers to the State Government to create rules to execute the provisions of this Act. So, several States have implemented Private Security Agencies Rules to properly carry out the responsibilities of the State Government as per the Act.
Acquiring Private Security Agency License
According to the Act, nobody can begin or launch a private security agency business without having a private security agency license. Further, no private security agency can offer private security outside India devoid of acquiring permission of the Controlling Authority, which may consult the Central Government in advance as per such permission. Hence, any person wanting to launch a security agency business has to get a license in India.
Suitability Regarding Private Security Agency License
Indian Company, Firm or Association of Persons can apply for a security agency license. Also, if the agency happens to be a company, then the chief shareholder has to be an Indian. Apart from the above condition, the following obligations have to be met:
The person or company should not be convicted of an offence with regard to promotion, incorporation or management of a company (any deception or misfeasance on the part of him with regard to the company), including an undischarged collapse;
The person or company should not be sentenced by an authorized court for an offence, the given punishment for which is imprisonment of not less than two years;
The person or company should not have any connection with any organization or association that is barred from doing business under any law due to their activities posing a danger to national security or public order.
The person should not have been dismissed or sacked from Government service due to wrongdoing or moral turpitude.
Charges Pertaining to Private Security Agency License
The government fee for getting security agency license is:
- Private security agency functioning in single district: Rs.5000/-
- Private security agency working in one to five districts: Rs.10000/-
- Private security agency running in the whole state: Rs.25000/-
After filing an application for obtaining a security agency license, the Controlling Authority has to scrutinize the application and grant/reject the license by sixty days from the date of receipt of the application. After the issuance, the security agency license will be active for five years and renewal is possible for next 5 years by paying the requisite fees.
Running Private Security Business
After getting the security agency license, the company or firm must begin functions within six months of acquiring the license. The security agency is liable for providing training and inculcating skill development to security guards. Apart from the security guards, the appropriate number of supervisors needs to be hired by the agency according to the Act.
These individuals can be security guards or security guard supervisors:
- Indian Citizen or a citizen of other country as the Central Government might, through notification in the Official Gazette, clarify;
- Individuals who have finished eighteen years of age, but yet to attain sixty-five years;
- Persons who can convince the agency about his background and character.
- Persons to finish the security training triumphantly;
- Persons meeting some norms regarding physical standards;
- Persons who have not been convicted by an authorized court or who has been dismissed or sacked due to misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency.
While choosing private security guards, all private security agencies must give preferences for individuals who have served as a member in one of the following forces:
- Army
- Navy
- Air Force
- Any other armed forces of the Union
- Police, including armed constabularies of States
- Home Guards
Want to apply for private security agency license ? Please contact BIATConsultant for the same .