9599553498 9121230280

Learning

Advisory Services

Soumya Bajpai
| Updated: 14 May, 2020 | Category: Government Registration, PSARA

Who cannot apply for PSARA License? Eligibility Criteria

apply for PSARA License

Private Security Agencies are those who are involved in providing security services, and it also includes training of Security Guards. The company or an individual cannot commence a business or provide security services without having a valid license. It is necessary to obtain a license from the concerned State Authority. Even if PSARA is centrally controlled by the Ministry of Home Affairs, still the Authority to issue the license is vested with State Government. PSARA License is issued to operate in more than one district of the states. If anyone aspires to have Security Business in Multiple States, then they need to make a separate application in each state and have to comply with the respective State procedure.

Who are not eligible for PSARA License?

The Indian nationals are eligible for PSARA license as an Individual/Firm/Company, except the one who falls under category mention below –

  • Convicted for any offense in relation to the promotion or formation of a company.
  • Convicted by the court for any offense, for which imprisonment is of not less than two years.
  • Keeping links with any organization or association which is banned under any law for their unlawful activities or pose a threat to national security or public order. Also, if there is information about such a person indulging in activities that are prejudicial to national security or public order must be ban.
  • Dismissed or removed from the Government service on the grounds of misconduct or moral turpitude.
  • A company or firm or association of persons must not be considered for issuance of a license under this Act if they are not registered in India or having a majority of proprietor, shareholder, partner, or a director is not a citizen of India.

Eligibility to be a Private Security Guard under PSARA Act

A private security agency must employ or engage any person as a private security guard if he has fallen under the following conditions—

  • He must be a citizen of India or such citizen of another country as the Central Government may specify by making a notification in the Official Gazette.
  • If he must have attained the age of eighteen (18) years but has not been more than of sixty-five (65) years in age
  • He requires to satisfies the agency about his character and antecedents in such manner as may be required.
  • He has to complete the prescribed security training successfully.
  • He must fulfill such physical standards as may be specified.
  • He has to satisfy other such required conditions as may be provided by the Act.

When is a Security Guard not eligible?

The person who is not eligible as a security guard under the Act is:

  • One who has been convicted by a competent court or
  • One who has been dismissed or removed on the grounds of misconduct or
  • If he had moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or
  • If in any other private security agency must have employed or engaged as a private security guard or a supervisor.

Preference to a person as a Security Guard

Every private security agency may, while employing a person as a private security guard, give preference to a person who has served as a member in one or more of the following, namely:—

  • Army
  • Navy
  • Air Force
  • other armed forces of the Union
  • Police, including armed constabularies of States
  • Home Guards

State Government

Each State Governments has an official ranked above, or the same as Joint Secretary must be appointed as the Controlling Authority (CA) for the state. The Controlling Authority has the right to issue, regulate, renew or cancel licenses of the security agencies. A private agency, therefore, requires permission from the Authority to function and provide security in the respective state. Also, the Act provides power to the State Government to bring into action rules governing the provisions of the Act.

Eligibility for Companies/Association/Individual

  • Only a company or an agency or an association of Indian origin can have a license. The majority of shareholders must be an Indian.
  • The company must have a clear record and must not be involved in any unlawful activities or acts prohibited by the law. If it is in the name of an individual, he or she must not have been punished with a term of imprisonment which of more than two years.
  • The individual must not be the accused in any case related to the formation or management of a company.
  • The individual must not have been dismissed from government service due to misconduct.
  • The individual must not have any connections to any organization that is banned or prohibited.
  • No agency can provide security outside India without obtaining prior permission from the Controlling Authority, which in turn must consult the Central Government before handing out such consent.

Following are the forms which come under PSARA.

Form

Description

Form I

Verification of Character & Antecedents of Applicant

Form II          

Verification of Character & Antecedents of Security Guard/ Supervisor

Form III

Character & Antecedents Certificate

Form IV         

A Training Certificate

Form V          

Application for New License or Renewal of License to engage in Business of the Private Security Agency

Form VI

License to engage in business of the Private Security Agency

Form VII

Form for an Appeal

Form VIII

Register of the Particulars

Form IX         

Photo ID Card for the Private Security Guard & Supervisor

Read our article:Private Security Agency (PSARA) License Renewal and Cancellation Process in Uttar Pradesh

Amendments made in year 2019 for PSARA Act 2005

The government has recently launched Private Security Agency Licensing Portal, with the features of a single-window system for licensing across the nation. It is linked with the Integrated Criminal Justice System (ICJS) for antecedent verification and online payment of licensing fees, along with facilities of e-sign to simplify the process of PSARA License. However, some of the States have accepted the Online Procedure, whereas some States are still in the process of acceptance.

Major Amendments in 2019

  • The Private Security Agency Licensing Portal has been launched, thus now there will be no need for manual police verification of details of Directors/Partners/Proprietor at the time of applying for a grant of license for a private security agency.
  • Controlling Authority must utilize electronic databases of crime & criminals like CCTNS, ICJS, and similar facilities for verification of antecedents of the applicant.
  • For payment of fees for license, electronic methods like Demand Draft or banker’s cheque will be accepted.
  • Centre has made (NSQF) National Skill Qualification Framework mandatory from 27th December.
  • Based on the complete training and requirement of the job, Private Security agencies will allow their own designations under the rules subject to the condition that no agency shall adopt any of the ranks of the armed forces, paramilitary forces, or state police forces.
  • Character & Antecedent Certificate, if once issued, will be valid for three years irrespective of change in employment status.
  • The Controlling Authority, either by itself or by its officer, must verify the premises of the private security agency address as given by the agency.
  • The Controlling Authority must have the physical copy of the license to be delivered by post within 15 days of issue to the registered office of the private security agency. The private security agency must be bound to display at its place of business.

Requirement of PSARA license

  • Eligibility

Any Indian Company or the Firm or Association of Persons is qualified to get a Private Security Agency permit. An Individual, LLP, Partnership Firm, One Person Company (OPC), or a Private Limited Company can make an application for PSARA License and Registration to the Competent Authority of a concerned state.

  • Name and Object of Applicant

On behalf of the Company, the MOA must contain the clause of Providing of Security benefits as one of the main Objects.

  • Qualification of Director/Principal Officer

The police confirmation for the candidate is required. They should be a Resident Indian and must not have been sentenced for any offense.

  • MOU with Training Institute

The candidate for a PSARA License must go into an MOU with foundation or an association as affirmed by the state controlling expert to grant preparing to the security protects. There is unwinding to the preparation necessities for ex-servicemen.

  • National Interest Clause

The PSARA License don not allowed an individual to keep Links with association or affiliation, restricted under any law or by an administration request to ensure National Security, Public Order, or to keep any movement that is biased to National Security.

  • Confinement of Foreign Investment

As per 6(2) of The Private Security Agencies (Regulation) Act, 2005[1], it spreads out that the Security agency license or PSARA license will not be issued in the event that it is not enrolled in India.

Conclusion

The interest for private security administrations has expanded consistently among the general population to insure themselves against the diverse sorts of wrongdoing. It prompted expansion of private security services. To protect against the hostility towards the national components, the legislature has directed to regularise security services through Private Security Agencies Regulation Act (PSARA), 2005.

Read our article:PSARA License – Know it’s Eligibility Criteria and Documents Required

  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

Advisory Services

Pankaj Tyagi
Pankaj Tyagi | Date: 14 Dec, 2020

Do you Know IEC Plays Fundamen...

Shipping vehicles from the overseas location could be an intimidating task for any new importer. If you wish to ent...

Continue Reading
Kandarp Vanita
Kandarp Vanita | Date: 19 Nov, 2019

What is NSIC Registration? Kno...

For the sake of promoting the products of (MSME) micro, small and medium industries, the government of India propos...

Continue Reading

Request a Call Back

Are you human? : 3 + 3 =

Transform your Business. Subscribe our Newsletter.