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PASARA licence is granted under the Private Security Agencies (Regulation) Act 2005. This is a Central Act which is enacted to provide for regulation of private security agencies. This licence granted by Police Authorities at district level (for one district or for five districts) or at state level.
Whereas, exemption is granted under Section 23 of Maharashtra Private Security Guard (Regulation of employment & welfare) Act 1981. It is a permission to employ guards thr’ private agency. This section provides for registration with Security Guard Board.
In Maharashtra, PASARA licence as well exemption both are mandatory. Object of both the enactments is same and provisions under both the enactments are mandatory.
The legal aspect of Private Security Agency Business is governed by “Private Security Agency Regulation Act, 2005” in short called as ‘PSARA’.
All the private Security agencies must obtain license under PSARA 2005 to operate in this business.
However first thing is first, the parties have to decide upon the model of their business organisation which depends upon various factors like Scale, finance, Liabilities, Control, etc.
Depending upon the suitability of the parties the model can be one of the following:
a) Sole proprietorship
b) Partnership Firm
d) Pvt. Ltd. Or Ltd. Company
After the suitable model has been decided then parties can proceed with the obtaining the license under PSARA for which they need to refer PSARA 2005, with the rules laid by their respective state in the province of which business operation is to be conducted.
While filing the application for PSARA 2005, copies of registration certificate under various other Acts and Several other compliance documents is required to be annexed with the application form.
That means registration under PSARA calls for many other prior registrations and compliances.
Let’s take a look at those prior Registrations and Compliances:
Requirements for Registration
a) Allocation of PAN
b) Service tax registration
c) Provident fund registration
d) ESI registration
e) Registration under Shops & Establishment Act
f) Registration under Contractual labour Act
g) IEM registration from DIC to avail the SMES benefits (optional)
Other Critical Compliance requirements
a) Affidavit as per 7 (2) PASARA, 2005 pertaining to FDI Policy compliance
b) Certificate of Security Training from a recognized body like SKSDC, DGR, etc or a discharge certificate from Army/Air force/Navy/Parliamentary Police of either of the applicant.
c) Proof of ownership of principal place of business as mentioned in the application form (should be a commercial location)
d) Preparation of LOGO of the Security Agency (the logo must clearly show the Name of the Applicant Agency ‘AA’) — Copy of which is to be attached
e) Preparation of Identity Card for the employees of the AA (must conform with the prescribed format) — Sample Copy is to be attached
f) Tie ups with the institutes recognized by the Controlling Authority to impart training to the Supervisors and Security guards of the AA. — copy of MOU is to be attached
g) Tie ups with Hospitals for conducting annual medical Examination of the employees — Copy of MOU is to be attached
h) Details of all the employees of the AA prepared in the prescribed format.
i) Details of Arm Licenses already in possession of the proprietor/ partners/Director/trustees/employees.
j) Character verification of the employee certifying that no criminal record — as per Form III
k) Training Certificate of all the Security Guards and Supervisors confirming that they have undergone the prescribed training from a recognized training institute — as per Form IV
l) Pattern of uniform including cap & badges for the staff of the AA (pattern must be different from those used by defence, paramilitary or police personnel) — 4 postcard size photographs showing all 4 sides of the uniform to be submitted
Note: *all Documents except the affidavit are to be duly attested by public notary
*Affidavit to be duly attested by an Executive Magistrate
After when one is ready with the above pre-requisites then he/she is all set to duly fill up the application for granting license under PSARA.
The Application is to be filled in Form – V along with a License Fee and Submitted to Controlling Authority of the region.
The License fee is to be submitted by way of Demand Draft / Banker’s Cheque in favour of ‘Director General of Police of the respective State”
|Fee for 1 District||INR 5,000/-|
|Fee for 2 to 5 Districts||INR 10,000/-|
|Fee for the entire state||INR 25,000/-|
REGISTER TO BE MAINTAINED BY PRIVATE SECURITY AGENCY
Every private Security Agency shall maintain a register containing the following information:-
a) The name and addresses of the person(s) managing the private security agency;
b) The names, addresses, photographs and salaries of the private security guards and supervisors under its control;
c) Name and addresses of the clients whom it had provided private security guards or services
d) Such other particulars as may be provided.
The Controlling authority may call for such information as it considers necessary from any private security agency, supervisor or private security guard to ensure due compliance of the act.
SOME WORTH NOTING POINTS
a) Every private security agency must commence its activities within 6 months of obtaining license.
b) Every private security agency shall ensure imparting of such training and skills to its private security guards and supervisors as may be prescribed.
c) Every private security agency shall within 60 days from the date of issue of the license, employ such number of supervisors, as may be prescribed.