Section 7 in The Private Security Agencies (Regulation) Act, 2005

Title: Application for grant of licence

Description: (1) An application for grant of licence to a private security agency shall be made to the Controlling Authority in such form as may be prescribed. (2) The applicant shall submit an affidavit incorporating the details in relation to the provisions contained in section 6, ensure the availability of the training for its private security guards and supervisors required under sub-section (2) of section 9, fulfilment of conditions under section 11 and of cases registered with police or pending in a court of law involving the applicant. (3) Every application under sub-section (1) shall be accompanied by a fee of— (a) rupees five thousand if the private security agency is operating in one district of a State; (b) rupees ten thousand if the agency is operating in more than one but up to five districts of a State; and (c) rupees twenty-five thousand if it is operating in the whole State. (4) On receipt of an application under sub-section (1), the Controlling Authority may, after making such inquiries as it considers necessary and obtaining no objection certificate from the concerned police authority, by order in writing, either grant a licence or refuse to grant the same within a period of sixty days from the date of receipt of application with complete particulars and the prescribed fee: Provided that no order of refusal shall be made unless— (a) the applicant has been given a reasonable opportunity of being heard; and (b) the grounds on which licence is refused is mentioned in the order. (5) A licence granted under this section— (a) shall be valid for a period of five years unless the same is cancelled under sub-section (1) of section 13; (b) may be renewed from time to time after the expiry of five years, for a further period of five years on payment of such fee as may be prescribed; and (c) shall be subject to such conditions as may be prescribed.

Title: Renewal of licence

Description: (1) An application for renewal of licence shall be made to the Controlling Authority, not less than forty-five days before the date of expiry of the period of validity thereof, in suchform as may be prescribed and shall be accompanied by the requisite fee and other documents required under sections 6, 7 and 11 of this Act. (2) The Controlling Authority shall pass an order on application for renewal of licence within thirty days from the date of receipt of application complete in all respects. (3) On receipt of an application under sub-section (1), the Controlling Authority may, after making such inquiries as he considers necessary and by order in writing, renew the licence or refuse to renew the same: Provided that no order of refusal shall be made except after giving the applicant a reasonable opportunity of being heard.

Title: Conditions for commencement of operation and engagement of supervisors

Description: (1) Every private security agency shall, within six months of obtaining the licence, commence its activities. (2) Every private security agency shall ensure imparting of such training and skills to its private security guards and supervisors as may be prescribed: Provided that the person carrying on the business of private security agency, before the commencement of this Act, shall ensure the required training to its security guards and supervisors within a period of one year from the date of such commencement. (3) Every private security agency shall, within sixty days from the date of issue of the licence, employ such number of supervisors, as may be prescribed. (4) A private security agency shall not employ or engage a person as a supervisor unless he fulfils the conditions specified in sub-section (1) of section 10. (5) While engaging a supervisor of private security guards, every private security agency shall give preference to a person who has experience of serving in the Army, Navy, Air Force or any other Armed forces of the Union or State Police including armed constabularies and Home Guards for a period of not less than three years.

Title: Eligibility to be a private security guard

Description: (1) A private security agency shall not employ or engage any person as a private security guard unless he— (a) is a citizen of India or a citizen of such other country as the Central Government may, by notification in the Official Gazette, specify; (b) has completed eighteen years of age but has not attained the age of sixty-five years; (c) satisfies the agency about his character and antecedents in such manner as may be prescribed; (d) has completed the prescribed security training successfully; (e) fulfils such physical standards as may be prescribed; and (f) satisfies such other conditions as may be prescribed. (2) No person who has been convicted by a competent court or who has 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 shall be employed or engaged as a private security guard or a supervisor. (3) Every private security agency may, while employing a person as a private security guard, give preference to a person who has served as a member in one or more of the following, namely:— (i) Army; (ii) Navy; (iii) Air Force; (iv) any other armed forces of the Union; (v) Police, including armed constabularies of States; and (vi) Home Guards.

Title: Conditions of licence

Description: (1) The State Government may frame rules to prescribe the conditions on which licence shall be granted under this Act and such conditions shall include requirements as to the training which the licensee is to undergo, details of the person or persons forming the agency, obligation as to the information to be provided from time to time to the Controlling Authority regarding any change in their address, change of management and also about any criminal charge made against them in the course of their performance of duties of the private security agency or as the case may be, a private security guard employed or engaged by them. (2) The State Government may make provision in the rules to verify about imparting of required training by the private security agency under sub-section (2) of section 9 and to review continuation or otherwise of licence of such private security agency which may not have adhered to the condition of ensuring the required training.

The Private Security Agencies (Regulation) Act, 2005