Ipc Uday.docx

Introduction The term "private" has multiple senses, but it refers to "provided by an individual or organization or a private entity, and not by a governmental organism or coordinated by the state". In the same sense, of a special importance is also who pays for a certain service, because there can be ambiguities regarded by the situation in which the government is the one that pays for certain services provided by private entities. It is also interesting to analyse the situation in which a policeman or other type of employee in the security domain runs activities after finishing his program in the service of the state, case in which we are obviously dealing with a type of private service. The term "security" has a broad sense and it can be defined in multiple forms. Nevertheless, from the security refers to precaution measures taken for preventing certain unwanted events. Another definition of security refers to that state of fact in which individuals or groups can run the activity without external interventions and without the fear of losses or other type of harm of integrity or interests. From the point of view of the sense of the concept of security for an organization, this implies the capacity of the institution to be able to run continuously its activities without being affected by criminal threats or natural disasters. In analogous manner, the security services, or otherwise said; private providers of such services have to do with the protection of properties, of persons or that of information. Moreover, from the definitions presented results the fact that security has three possible basic elements: either individuals, groups, or an organization.1 The Private Security Agencies (Regulations) Act, 2005 was introduced for a person or body of persons other than a government agency, department or organization who is engaged in the business of providing private security services, including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property.2 Private Security Agencies Act 2005 How It Works, It's Functions. The Private Security Agencies Act, 2005 regulates all aspects of the operation of private security agency business in India. The Act extends to the whole of India except the State of Jammu and Kashmir and is in existence since June 2005.The main purpose of the Private Security Agencies Act is to standardize the rights and duties of private security agencies and other issues in connection therewith.3 Private security agency is silently protecting our society when government agencies and mechanisms put by them fail to do so. Private security guards are present almost everywhere these 1

Alexandru Anastasescu; Georgia Voicu, Conceptual Approaches regarding Private Security Companies, 2016 Eur. J. Pub. Ord. & Nat'l Sec. 23 (2016) 2 www.lexisnexis.com 3

legaladda.myonlineca.in

days from malls, societies to companies and schools. There’s no place which could function without a security guard, the rapid increase is often due to the increasing crime in the society.In this, article we will tell you procedure and steps to get Private Security Agency License in India.4 Private security agencies are those organizations involved in providing security services including training of security guards to any industrial or business undertaking or a company or any other person or property. The Formation and Running of a private security agency, in India Falls under the Domain of The Private Security Agencies Regulation Act, 2005. The act is a state-specific act and gives power to State Government to make rules for carrying out the provisions of this Act. Therefore, many of the States have implemented Private Security Agencies Rules to effectively discharge the responsibilities of the State Government under the Act.The Controlling Authority for the State is responsible for the issuance of private security agency license, renewal and regulation of the operation of private security agencies.The Act empowers the Central Government to appoint an officer of the Home Department equivalent to the Joint Secretary of the State to act as the Controlling authority. A person with similar rank shall also be appointed by the Government.5 The companies which are based in India or whose majority shareholders are Indian nationals are eligible for security agency license. In addition to the above condition, some category of people are eligible for obtaining a license for a private security company which is: The person or company who is not convicted of an offence in connection with promotion, formation or management of a company (any fraud or misfeasance committed by him in relation to the company), including an undischarged insolvent The person or company should not be held by a competent court for any offence. The person or company is required not to have any links with any organization or association which is banned under any law on account of their activities which pose threat to national security or public order. The person cannot be prohibited or terminated from Government service on grounds of misconduct or moral turpitude.6 Fee for Private Security Agency License: The government fee for obtaining security agency license is as follows: Private security agency operating in one district: Rs.5000/Private security agency operating in one to five districts: Rs.10000/-

4

http://ficci.in/SEDocument/20263/Discussion-Paper-on-PSAR-Act-2005.pdf

5

www.capsi.in

6

http://gtw3.grantthornton.in

Private security agency operating in entire state: Rs.25000/A private security agency is required to provide training to all the security guards in assigned training institute as may be prescribed by the controlling authority. The agency is also required to ensure that the security guards meet the standard of physical fitness given in Private Security Agencies (Regulation) Act, 2005. Grant of licence, condition for licence, offences and penalties: Once the application is filed and verified by the controlling authority, a licence can be granted to the private security agency to start functioning. A prescribed amount of fees has to be paid to get the licence. The licensee is required to inform the controlling authority regarding any change in the address of persons forming the agency and change of management within seven days of such change. The fee paid for the grant of licence is non-refundable. Renewal, cancellation and suspension of licence and appeals: Every agency is required to apply to the controlling authority for the renewal of licence. The application form and the fee chargeable for the renewal of licence will be the same as stated for the grant of original licence. The agency is required to maintain a register with all the details of the agency and that of its employed private security guards. The agency also has to issue a photo identity card to all the security guards that would have their details. There are various reasons through which a licence can be cancelled or suspended by the controlling authority.7 Historical Background And Impact In Modern Society Due to increase in the number of business establishments and increasing demands for security. There has been a proliferation of private security agencies in the recent years. The growing tendency to hire security guards from private sources by an industrial or business undertaking has led to coming up to of large number of private security agencies all over the country. Through this private security agencies have helped in meeting the security needs of business establishments. There has been a growing concern about the manner of functioning of these agencies. Many of which seems to conduct their operations without private security guards. the concept of private security is often considered to be a relatively modern phenomenon, the reality is that some form of private security has existed for centuries. Whether it is the invention of locks, or the design of ancient forts and battlements, or the provision of different people-related services, the concept of private security has existed for much longer than the modern security guard. This chapter will look at examples of early security and follow the gradual emergence of the private security industry (PSI) and what we find today. While it would be impossible in one 7

http://legislative.gov.in/actsofparliamentfromtheyear/private-security-agencies-regulation-act-2005

chapter to cover the entire vast history of the industry, we have selected examples that, as we believe, show the broad spectrum within the PSI and some of the key points in the industry’s history. In looking at some of the earliest forms of private security, we will also be able to draw parallels with the industry that exists today.8

8

link.springer.com