Overview of PSARA License in Haryana
It is vitally important for every private security agency in India to comply with the PSARA Act, 2005 and obtain a PSARA license. The PSARA license has nationwide applicability, and it revolves around plenty of legalities and provisions. PSARA license falls under the Private Security Agencies (Regulations) Act, 2005. The said Act aims to regularize the unorganized private security sector in India.
What are the key objectives of the PSARA Act, 2005
- To underpin a viable constitutional framework for the registered PSAs in India.
- To ensure holistic development of the private security sector in India
- To provide proper legal fencing for unregistered private security agencies in India
What areas does PSARA Act, 2005 regulate in general?
PSARA Act, 2005 seeks to take the following subject matters into account for drafting regulations;
- Code of conduct for appointed guards
- Licensing procedure
- Operational norms for Private security agencies
- Appointment of supervisor
- Training of guards
PSARA license in Haryana: Eligibility Norms
PSARA license in Haryana is available to the following entities;
- Sole Proprietorship
- One Person Company (i.e. OPC) falling under the Companies Act, 2013
- Private Limited Company falling under Companies Act, 2013
- Partnership Firms falling under the Partnership Act, 1932
- Limited Liability Partnership (LLP) falling under LLP Act, 2008
Besides, the PSARA Act, 2005 has formulated the following conditions for an applicant seeking to avail PSARA license in Haryana
- Non-Indians are not eligible to apply for the PSARA license
- License seekers with fewer finances cannot apply for this license
- No criminal charges should be pending against the applicant
Paperwork to be attached with the application for the PSARA license
- Applicant’s firm PAN card
- Address proof relating to the registered office
- Certificate of the GST registration
- Shops & Establishment license
- IT returns of the serving directors
- Contractual Labour Act registration letter
- Provident fund registration letter
- ESI registration letter
- Certificate of Company's Incorporation
PSARA license in Haryana: Registration Process
License seekers should follow the given steps to secure a PSARA license in Harayana.
Step 1: Arrange Applicable Paperwork
As per the PSARA Act, 2005, the license seekers are mandated to arrange the documents mentioned above. These documents shall serve as the annexure to the application for the PSARA license.
Step 2: Sign MOU with training institute (Government-certified)
In the contractual regime, the Memorandum of Understanding acts as a charter document that encloses the obligations of the party concerned. License seekers intending to secure a PSARA license must sign MOU with the certified institute. After signing the MOU, the institute shall become liable to facilitate standard training for the appointed guards.
Step 3: Apply for Police NOC
Police vetting is a pivotal step in the PSARA licensing process. The applicant must apply Form-I with the respective police department to initiate police inspection,
For applicants filing an application as a company or AOPs, there is a provision of separate filing for every director/partner. The verification shall be conducted via online mode as the manual vetting requirement no longer exists in the prevailing Act.
Step 4: File PSARA Application
To apply for a PSARA license, the applicant must file a prescribed application and an affidavit. The said affidavit should be printed on Rs 100 stamp paper. Besides, it should reflect the following;
- Norms fulfilled by the applicant as mentioned under section 6
- Detail relating to the appointment of the supervisor
- Detail relating to the training arrangement for appointed guards
- Declaration evidencing the full compliance with provisions under Section 11
- Detail of pending cases in the court of law, if any
The vetting process shall begin once the Controlling Authority fetches the NOC from the respective police department.
The decision pertaining to the grant of license shall depend on the authenticity and correctness of the documents. In case of any error or misleading information, the application will be subjected to cancellation.
Validity and Renewal norms under PSARA Act
The PSARA license typically remains valid for the duration of 5 years. But in the states like MP, Uttrakhand, and Chhattisgarh, it stays valid for one year. The time-bound renewal of the PSARA license is pertinent to avert penalties. Applicants can renew such a license within ninety days from the expiration date.
PSARA license in Haryana: Post-Registration Conditions
License holders in Haryana must adhere to the following conditions since it is a mandatory obligation under the Private Security Agencies Regulation Act (PSARA), 2005
- Guard's management is a pivotal aspect of the PSARA license. Hence, the license holder must appoint a qualified supervisor for this purpose.
- The selected guards should be subjected to training protocol as suggested by the governing Act.
- For supervisor selection, PSA must prioritize the candidature of applicants who have three years of experience in the Defence regime.
- Every appointed guard is liable to discharge his/her duties in accordance with the underlying norms.
Training conditions to be fulfilled by the license holders
The PSARA Act, 2005 entails the following training requirement for the appointed guards;
- 200 hours of classroom instructions
- 60 hours of field training
Every registered PSA is under obligation to complete the above training requisite within twenty days working days.
Furthermore, the said Act encloses a different training requirement for former police personnel and ex-servicemen, as shown below:
- 40 hours of classroom instructions
- 16 hours of field training
The completion timeline for this training requirement is seven working days.
Recommended training module under the PSARA Act, 2005
- Fire fighting
- Assets' security Household Security, Physical security, etc.
- Crowd control
- Examination of an individual's identity
- Language classes
- Physical Fitness training
- Handling and operating firearms (optional)
- Identification of explosives
Avail Corpbiz’s Expertise to discharge licensing requisites
Addressing legalities around the PSARA license could be a daunting undertaking for the new applicants. And since the margin of error in the filing process is next to negligible, it becomes important for the applicant to proceed accurately from the very beginning. The chances of conceding a mistake during the filing process are relatively higher for new applicants. Thus, it would be beneficial to proceed wisely by taking the help of a professional firm like Corpbiz.