PSARA or Private Security Agencies Regulation Act is an Act by the Government of India to provide regulations to private security agencies. Additionally, the PSARA also keep vigilante’ over the registration of the private security agencies.
The demand for security has increased considerably due to an increase in the number of business establishments in recent years. The growing tendency of hiring security guards from private sources by the private business establishments, firms, person or property, etc. has led to the coming up of a large number of private security agencies across the country. Although these private security agencies help meeting the security requirements of the private sector, on the other hand, there also is a concern for the way these agencies work. Therefore, the Private Security Agencies Regulation Act laid numerous set of rules for the proper functioning and registration of private security agencies.
Amidst the increased crime rate, the concern for security is also rising; thus, the need for private security services is also increasing. With an end goal of protecting solitary or anti-national components are going into business. Therefore, to support such organizations, the government has put up measures like the Private Security Agencies Regulation Act to benefit, arrange and monitor the working of these agencies.
Under the guidelines of this act, no individual or private security agency is allowed to run a business of providing security services to other private business establishments, individual or property. Therefore, the government works as a medium for providing licenses to such agencies, ensuring their compliance with the guidelines of the Act.
Moreover, obtaining a license under this act serves as proof that the organization conforms to all the guidelines of the PSARA and runs in consonance with those regulations. Furthermore, the agency holding a Certificate of Registration under the PSARA is more reliable in the eyes of their potential customer.
The PSARA License is not granted to just any private security agency, and there are various criteria specified under the PSARA to be eligible for obtaining the license.
These Criterions Are As Follows:
Eligibility Criteria for Companies
As per the Private Security Agencies Regulation Act, 2005 every company willing to register themselves under PSARA needs to register themselves as any of the following business entity types;
Eligibility Criteria for Director / Principal Officer
For being the director or principal officer of a company, one must fulfil the following criteria described below:
Eligibility Criteria to Become a Security Guard
Qualifying Documents
The initial step to apply for a PSARA License is to assemble every single important enrollment, for example, Pan Card, TAN Number, GST, PF, ESI, Registration of foundation under Shops and Establishment Act, ITR of each chief, and so forth.
MOU with A Training Institute
The candidates to go into a Memorandum of Understanding (MOU) with a training institute or organization as sanctioned by the state controlling jurisdiction with the motive to impart training to the security guards. Each state has perceived different security preparing establishments for this reason.
Police Verification
An application for police confirmation is recorded in Form - I by the candidate, and on the off chance that the candidate is a firm, organization or some other relationship of individual, separate check structure will be petitioned for each, accomplice or chiefs.
Application Filing
The PSARA application is recorded before the controlling authority of PSARA, which is then prepared for check. After receipt of the NOC from the concerned Police specialists, controlling authority may either concedes the License or rejects with an explanation.
Time for Issue Of PSARA
The all out time to finish the procedure for grant of PSARA License is inexact of 60 days from the date of documenting the PSARA application. An application for a License can be made for a locale or five areas or a state. The application procedure is distinctive for each state.
States of PSARA License
The PSARA determines the criteria, capability, and preclusion for a security watch. Furthermore, the candidate must connect with bosses to regulate crafted by security watches. An individual from the military, naval force or flying corps with at least three years of experience must be given inclination.
Your application may get rejected or disqualified if the government sees it unfit for the betterment of the general public, so keep in mind these points to avoid that situation. If the proposed director of the security agency lies under any of the following categories, it will lead to disqualification.
A person or entity should not be the one that is convicted with an offence of promoting, forming or managing a company which is included in an undischarged insolvent.
Also, the person or entity should not be one who has been convicted with any crime for which the prescribed punishment is imprisonment, not less than two years.
Furthermore, if the applicant is found keeping links with an organization or firm which is banned by the government under any law on account of their corrupt activities, he would not be granted the license.
Moreover, such organizations or firms dismissed or removed by the government on the grounds of misconduct, or moral turpitude.
A company, firm, or association not registered in India, has a proprietor or significant shareholder, partner, or director who is not a citizen of India, is not considered for the issuance of the license under the provided Act.
Note: - Private Security Agency refers to an individual or a group of individuals, involved in a business of providing security services. However, these security service providers are privately owned firms other than the government agencies, department, or organization. Furthermore, these private firms are involved in providing security services to other organizations, business, or a person or property. Also, they provide training to private security guards or their supervisors.
The fees for obtaining PSARA License for private security agencies {PSA} operating at various places are provided below:
A PSARA License is valid for five years from the date of issuance of the license. However, in the state of Uttrakhand and Chhattisgarh, this license is valid for one year. Furthermore, the license after its expiry needs to be renewed; for the same, the following steps needs to be taken:
Under the PSARA guidelines, the private security agencies are required to follow certain compliances as follows:
Q 1. Will License of One State Be Applicable in Another State?
No the PSARA License of one state cannot be applicable to operate in another state.
Q 2. Who issues PSARA License?
States authorities issue PSARA license individually. Separate PSARA License for every state.
Q 3. What about FDI in Private Security Agency Business?
FDI of 46% is allowed in Private Security Agency Business under the company or LLP form of business organization.
Q 4. What is PSARA License Fees Structure?
Q 5. What is the expiry and renewal of PSARA License?
The PSARA License is substantial for five years from the date of enrollment in most of states aside from Chhattisgarh and Uttarakhand. The states of Chhattisgarh and Uttarakhand grant for one year.
The renewal of PSARA License should be possible beginning from 90 days before the date of expiry.
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Posted by Pooja
Team Taxaj