Before any person starts a private security company in India, a PSARA License
is a prerequisite. The Private Security Agency refers to an organization that is engaged in the
business of supplying an institution with security guards and other associated services as an
alternative to the police. The Private Security Agencies Regulation Act, 2005, popularly known
as PSARA, regulates the functioning of private security agencies.
After the enactment of the PSARA (act), it is necessary for a security agency to get License from the State
Controlling Authority Concerned prior to commencing the company and in case of non-enforcement, the law provides for stringent penal consequences. Applications for a license to start a private security agency shall be sent to the competent authority, if applicable to the state. The PSARA License is granted for the purpose of operating in one or more districts in a given state, or for the whole State.
Under the Private Security Agencies Regulation Act, 2005, any individual or corporation wishing to register under PSARA is required to register itself as one of the following business structures listed:
Private security agencies are those entities involved in the provision of security
administrations, including security guard training. The Private Security Agencies Regulation Act, 2005,
administers the operation of private security offices, to put it clearly, named ‘PSARA.’ No private
security agency can start a business or provide security watch without holding a license.
In order to ensure themselves against different forms of corruption, the interest of private security administrations has gradually risen among the general public. This encouraged private security offices to expand. Protecting private security administrations from solitary/hostile national components and the legislature has driven the creation and operation of such offices through a demonstration called the Private Security Agencies Regulation Act (PSARA), 2005 as it concerns national security.
The legitimacy of the PSARA license is 5 years and can be added for the next 5 years on an installment of the approved expense.
Any Indian business, firm, or group of individuals is eligible for permission from
the Private Security Agency. If the entity is an organization, the greater shareholder should also be an
Indian at that stage. An Individual, Partnership Company, LLP, OPC Company, or a Private Ltd Company can
register to the Competent Authority of the State concerned for a PSARA License or Registration.
Let’s look at the requirements of PSARA License/Registration :
The name of the material ought to contain the word Security Services or Related terms that speak to the object of the applicant. The MOA must provide the Provision of Security Benefits as one of the key artifacts on behalf of a business.
They should be a resident Indian for police confirmation of the applicant, have sound monetary standing (we have to present a duplicate of ITR) and should have a complete precursor, and should not have been convicted of any crime.
The applicant for a PSARA License must enter into an MOU with the preparation of a foundation or organization, as stated by the expert in state control to grant security protection preparation. The readiness standards for former servicemen are relaxed.
On the off chance that it is found to maintain ties with association or affiliation, limited by any law or by an administration request to ensure National Security, Public Order, or to maintain any movement biased to National Security, the PSARA License can not be allowed to a person.
Area 6(2) of the Private Security Agencies (Regulation) Act, 2005, states that a license for a security agency or a PSARA license will not be granted if it is not registered in India, or if it has an owner or a shareholder, accomplice or leader who is not a native of India.
As per state, the process for obtaining a PSARA license differs, and the documents needed for a security agency are described below:
The forms that fall under PSARA’s authority are explained below:
|Forms from 1-9||Description of the Forms|
|Form I||Verification of Character and Antecedents of the Applicant|
|Form II||Verification of Character and Antecedents of the Security Guard or Supervisor|
|Form III||Character and Antecedents Certificate|
|Form IV||A Training Certificate|
|Form V||Application for the New License or the Renewal of License in order to engage in the Business of a Private Security Agency|
|Form VI||License to engage in the business of the Private Security Agency|
|Form VII||Form for Filing an Appeal|
|Form VIII||Register of the Particulars|
|Form IX||Photo ID Card for the Private Security Guard and Supervisor|
The initial step in applying for a PSARA license is to collect all necessary registrations, such as Pan Card, TAN Number, GST, PF, ESI, Shops & Establishment Act establishment registration, ITR of each director, etc.
The applicant is expected to enter into a Memorandum of Understanding with a recognized training institution to train its guards and supervisors. For this reason, every state has recognized various security training institutes.
The application for police verification shall be submitted by the applicant in Form -I and, where the applicant is a business, organization, or any other association of persons, the applicant shall submit a separate verification form for each person, partner, or director.
The application for psara shall be filed before the PSARA regulating authority, which shall then be processed for verification. Upon receipt of the NOC from the police authorities concerned, the regulating authority can either issue the license or deny it on a fair basis.
The total time needed to complete the PSARA licensing process is approximately 60 days from the date of the filing of the PSARA application. For a district or five districts or a state, an application for a license may be made. For each state, the application process is different.
The conditions, qualifications, and disqualifications for a security guard are defined by the PSARA. Supervisors must be engaged by the claimant to supervise the work of security guards. A preference must be given to an applicant from the army, navy, or air force with a minimum of three years of experience.
According to the rules, certain enforcement conditions must be met after the PSARA
license has been issued. These are included below:
The PSARA License is valid in most states for a period of 5 years from the date of registration, except in Chhattisgarh and Uttarakhand. The states of Chhattisgarh and Uttarakhand have a one-year permit. The PSARA License can be renewed beginning 90 days before the expiry date.
The proposed director / chief executive officer of PSARA agency or PSARA
business itself should not be excluded under the following conditions :
MHA excludes Private Security Services from Lockdown Limitations
19 April: In its latest notification, the Ministry of Home Affairs (MHA) exempted a few critical services from the restrictions on lockdowns. Services rendered by private security companies have also been categorized into the category of critical services. However, in order to take advantage of the exemption, such an entity must be approved by PSARA.
Govt of Haryana. Issues 1000 private security agencies’ licenses.
29th July: 1000 private security companies have been authorized by Haryana Police. Since the enactment of the Private Security Agencies Protection Act, 2009, about 137 licenses have been renewed.
A single-window system is being introduced by the Union Home Ministry to grant PSARA licenses to PSAs.
The government has taken this step in order to streamline the entire licensing process. These
the unique characteristics that characterize the new online portal:
LegalRaasta was founded on the principle that sophisticated legal and taxation services should be simple, modern, and inexpensive. We can serve our clients more efficiently thanks to cutting-edge practise technology.
B-300 Saraswati Vihar,Pitampura, New Delhi-110034