Security Agency License


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Uploaded on May 4, 2020

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Security Agency License

Security Agency License -By Himani Srivastava Security Agency A security agency is a governmental organization which conducts intelligence activities for the internal security of a nation. They are the domestic cousins of foreign intelligence agencies, and typically conduct counterintelligence to thwart other countries' foreign intelligence efforts. How to get a Private Security Agency License? 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 operations of a private security agency are governed in India by the “The Private Security Agencies (Regulation) Act, 2005. The Private Security Agencies (Regulation) Act, 2005 The Private Security Agencies Act, 2005 regulates all aspects of the operation of a 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. Appointment of Controlling Authority by State Government The Act provides for each of the State Government to designate an officer, not below the rank of a Joint Secretary in the Home Department of the State or an equivalent officer to be the Controlling Authority for the State. The Controlling Authority for the State is responsible for the issuance of private security agency license, renewal and regulation of operation of private security agencies. In addition, the Act also empowers the 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. Obtaining Private Security Agency License As per the Act, no person shall operate or start a private security agency business, unless a private security agency license is obtained. In addition, no private security agency can provide private security outside of India without obtaining permission from the Controlling Authority, which shall consult the Central Government before according to such permission. Therefore, any person wishing to commence a security agency business must be licensed in India. Eligibility for Private Security Agency License Only an Indian Company, Firm or Association of Persons are eligible for a security agency license. Further, if the agency is a company, then the majority shareholder must be an Indian. In addition to the above condition, the following conditions must also be satisfied: ● The person or company cannot be convicted of an offense 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 cannot be convicted by a competent court for an offense, the prescribed punishment for which is imprisonment of not less than two years; ● The person or company cannot be keeping links with any organization or association which is banned under any law on account of their activities which pose a threat to national security or public order. ● The person cannot be dismissed or removed from Government service on grounds of misconduct or moral turpitude. Operating Private Security Business On obtaining the security agency license, the company or firm is required to commence operations within six months of obtaining the license. The security agency will be responsible for imparting training and skill development to security guards. In addition to the security guards, an adequate number of supervisors will also have to be employed by the agency as per the Act. Eligibility to become security guards or security guards, supervisors Citizen of India or a citizen of such other country as the Central Government may, by notification in the Official Gazette, specify; Persons who have completed eighteen years of age but has not attained the age of sixty-five years; Persons who satisfy the agency about his character and antecedents. Persons who have completed the security training successfully; Persons who fulfill certain physical standards; Persons who are NOT convicted by a competent court or who have been dismissed or removed on grounds of misconduct or moral turpitude while serving in any of the armed forces of the Union, State Police Organisations, Central or State Governments or in any private security agency. Thank You