Section 10 in The Private Security Agencies (Regulation) Act, 2005

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.

Title: Licence to be exhibited

Description: Every private security agency shall exhibit its licence or copy thereof in a conspicuous place of its business.

Title: Cancellation and suspension of licence

Description: (1) The Controlling Authority may cancel any licence on any one or more of the following grounds, namely:-- (a) that the licence has been obtained on misrepresentation or suppression of material facts; (b) that the licence holder has used false documents or photographs; (c) that the licence holder has violated the provisions of this Act or the rules made thereunder or any of the conditions of the licence; (d) that the licence holder has misused information obtained by him during the discharge of his duties as the private security agency to any industrial or business undertaking or a company or any other person; (e) that the licence holder by using any letter-head, advertisement or any other printed matter or in any other manner represented that the private security agency is an instrumentality of the Government or such agency is or has been using a name different from that for which licence has been granted; (f) that the licence holder is or has been impersonating or permitting or aiding or abetting any body to impersonate as a public servant; (g) that the private security agency had failed to commence its activities or to engage a supervisor within the specified time period; (h) that the licence holder is or has wilfully failed or refused to render the services agreed to any person; (i) that the licence holder has done any act which is in violation of a court order or an order of a lawful authority or is or has been advising, encouraging or assisting any person to violate any such order; (j) that the licence holder has violated the provisions of the Acts given in the Schedule which may be modified by the Central Government, by notification in the Official Gazette; (k) that there have been repeated instances when the private security guard or guards provided by the private security agency— (i) failed to provide private security or were guilty of gross negligence in not providing such security; (ii) committed a breach of trust or misappropriated the property or a part thereof which they were supposed to protect; (iii) were found habitually drunk or indisciplined; (iv) were found to be involved in committing crimes; or (v) had connived or abetted a crime against the person or property placed under their charge; or (l) that the licence holder has done any act which poses a threat to national security, or did not provide assistance to the police or other authority in the discharge of its duties or acted in a manner prejudicial to national security or public order or law and order. (2) Where the Controlling Authority, for reasons to be recorded in writing, is satisfied that pending the question of cancelling of licence on any of the grounds mentioned in sub-section (1), it is necessary to do so, that Controlling Authority may, by order in writing, suspend the operation of the licence for such period not exceeding thirty days as may be specified in the order and require the licence holder to show cause, within fifteen days from the date of issue of such order, as to why the suspension of the licence should not be extended till the determination of the question of cancellation. (3) Every order of suspending or cancelling of a licence shall be in writing and shall specify the reasons for such suspension or cancellation and a copy thereof shall be communicated to the person affected. (4) No order of cancellation of licence under sub-section (1) shall be made unless the person concerned has been given a reasonable opportunity of being heard.

Title: Appeals

Description: (1) Any person aggrieved by an order of the Controlling Authority refusing the licence under sub-section (4) of section 7 or renewal under sub-section (3) of section 8 or order of suspension of licence under sub-section (2) of section 13 or cancellation of licence under sub-section (1) of that section, may prefer an appeal against that order to the Home Secretary of the State Government within a period of sixty days of the date of such order: Provided that an appeal may be admitted after the expiry of the said period of sixty days if the appellant satisfies the State Government that he has sufficient cause for not preferring the appeal within that period. (2) Every appeal under sub-section (1) shall be made in such form as may be prescribed and shall be accompanied by a copy of the order appealed against. (3) Before disposing of an appeal, the State Government shall give the appellant a reasonable opportunity of being heard.

The Private Security Agencies (Regulation) Act, 2005