The PSARA license refers to the "Private Security Agencies Regulation Act" license in India. The Private Security Agencies Regulation Act, 2005 (PSARA) is enacted by the Indian government to regulate and govern private security agencies operating in the country. This PSARA license is mandatory for any person or organization engaged in providing security services.
After the enactment of the PSARA (Act), it is required for a security agency to have PSARA license from a concerned State Controlling Authority before commencing the business. The application for the license to start a private security agency is made before the competent authority. The PSARA License can be issued to operate in one or more districts of the particular state or for the entire State.
What Is The Eligibility Criteria For PSARA License?
The specified eligibility criteria that required to be fulfilled for obtaining PSARA license. The following eligibilities under the PSARA Act, 2005 are:
Eligibility Criteria for Companies:
As per the Private Security Agencies Act, 2005, any company who wants to get the PSARA License need to register themselves as:
- Private Limited Company
- Limited Liability Partnership (LLP)
- One Person Company (OPC)
- Sole Proprietorship
- Partnership Firm
Eligibility Criteria for Director/Officer
Following Criteria must be followed:
- The applicant has to be a resident of India.
- The applicant has to be financially stable to afford the cost of operations.
- Must not have any criminal records.
Eligibility Criteria for Becoming Private Security Guard
For becoming a security guard and to get appointed by the private security agencies must have following:
- The applicant has to be a citizen of India.
- The applicant age has to be more than 18 and less than 65 years in age.
- The applicant requires to go through Security training.
- The applicant must never have been terminated from government service.
Grant of PSARA License
An application for grant of PSARA license to the private security agency can be made to the Controlling Authority
- The applicant requires to submit an affidavit with the details as per the provisions contained in section 6. It also ensures the availability of the training for its private security guards and supervisors as mentioned under sub-section (2) of section 9. The conditions given under section 11 must also be checked that no cases are registered with police or pending in a court of law in regards to an applicant.
- Every application made must be accompanied by a fee of—
- Rs 5000, in case of the agency is operating in one district of a State;
- Rs 10000, in case the Agency is operating in more than one but up to five districts of that State
- Rs 25000 in case it is operating in the whole State.
- On receiving an application the Controlling Authority can inquire about the necessary requirements following to obtain a no-objection certificate (NOC) from the concerned police authority of the area. The Controlling Authority after satisfying will order in writing, either grant a license or refuse the same within a period of sixty days from the date of receiving of an application with the prescribed fee.
- A license granted under this section—
- It will be valid for a period of five years unless it is canceled under sub-section (1) of section 13
- It requires to be renewed from time to time after the expiry of five years, for a further period of five years on payment of prescribed fee
Documents Required For Having PSARA License
The documents required can vary from one state to another. The common documents required for having the PSARA license are as below:
- Certificate of Incorporation of Company
- Signed MOA (Memorandum of Understanding)
- Identity proofs of the Directors and employees
- Address proof of the Registered Office
- Affidavit as per Section 7 (2) of PSARA, 2005
- Logo for the Private security agency.
- PAN details of the promoters.
- Registration from ESI (Employees States Insurance)
- Id proofs of Security guard
- Affidavit of the security training.
- Documents of the PF (Provident Fund).
- Copy of ITR (Income Tax Return) of each Director.
- Character certificate of all employees.
In a end, the duly filled application stating is submitted to the controlling Authority of that particular state.
Procedure for Grant of PSARA License
Following is the procedure to obtain the PSARA License:
- Step 1: The Controlling Authority, after receiving a report from the authorized officer on the PSARA application received under sub-rule (1) of rule 3, has the right to grant a license to the private security agency in Form VI. It is necessary that the Authority must complete all the formalities and satisfy the applicant. The area of operation must be checked before the license has been granted.
- Step 2: The Controlling Authority either by itself or through its officers is required to verify the training, skills imparted to the private security guards and also to supervisors of any private security agency. The Authority has also to review regarding the continuation of a license of those security agencies, which may not have adhered with the conditions of ensuring the required training.
- Step 3: The Controlling Authority can make such inquiries as it considers necessary and after that they can obtain a no-objection certificate from the concerned police authority. The Authority requires an order in writing, for grant or refusal to grant of license within a period of sixty days from the date of receipt of application and the fees.
- Step 4: In case the Controlling Authority does not agree with the no-objection certificate received from the concerned police authority, then he has to record the reasons for his disagreement. Further the matter is sent before the Government and then the decision is made as per the Government.
- Step 5: In case the Controlling Authority decides to grant a license, it must be granted in Form VI. The license has the validity for a period of 5 years unless it is canceled by the Controlling Authority.
- Step 6: The Controlling Authority must not refuse to grant the license unless an applicant has been given a reasonable opportunity of being heard. All the grounds on which license is refused must be mentioned in the order.
PSARA License Renewal
Following is the procedure for renewal of the PSARA License:
- An application for PSARA license renewal can be made before the Controlling Authority within forty-five days before the date of expiry of validity of license. It is made in the prescribed form and shall be accompanied by the requisite fee with all the other documents required as per sections 6, 7, and 11 of the Act.
- The Controlling Authority will then pass an order on an application for PSARA license renewal within 30 days from the date of receipt of application
PSARA License Cancellation and Suspension
Any PSARA License cannot be canceled or suspended unless these conditions are followed:
- The license granted under this Act can be canceled or suspended. However the holder of a PSARA license has been given the reasonable opportunity of being heard where he can show cause why his license is canceled or suspended.
- The opportunity of showing cause and also of being heard must not be given in case of an enquiry held against the holder of the license in contravention to any grounds as per section 13(1) of the Act or under any of the conditions of the license granted to him.
Disqualification of PSARA License
The application can get rejected under the following circumstances-
- If the government feels that it is not fit for the betterment of the general public
- The person forming the company must not be convicted with the crime whose punishment is of more than of two years
Contact Startupfino Experts for Assistance
The growing tendency of hiring security guards from private sources has led to the formation of a large number of private security agencies. We at Startupfino help these private security agencies in meeting the security requirements and give assistance in obtaining PSARA licenses for their smooth functioning. Our services are:
- One-Stop PSARA Licensing: Startupfino experts provide complete assistance in obtaining a PSARA license for your security business in a few clicks.
- Assistance in the Documentation Process: With the help of the team at Startupfino you can simplify your PSARA license documentation procedure. We help you with all the compliances related to PSARA documentation.
- Post License Compliance: Startupfino professionals also provide post-license compliance to ease your PSARA license process.