Court : Mumbai
Reported in : 2007(5)BomCR405; (2007)109BOMLR1381
..... deployed by it at infinity mall and have ceased to do any work at infinity mall as stated. it is denied that they were being employed for the purpose of security guards. it is also averred that private security agencies (regulations) act, 2005 has been brought into force by a notification dated 14th march 2006 with effect from 15th march 2006 that being a central ..... act covers the field and the state act has no validity.11. the act of 1981 imposes various obligations upon the board constituted under the provisions of the act for registration of the employers and/or individual ..... in exhibit a to the petition, are stated to be not exempted from the provisions of the act and the provisions of the private security guards (regulation of employment and welfare) scheme, 2005, hereinafter referred to as the 'scheme'. in terms of the scheme, a principal employer may engage security guards registered with the security guards board and allotted to the principal employer by the board. the .....Tag this Judgment!
Court : Punjab and Haryana
..... administration private security agency rules, 2006, for short the 2006 rules , framed under 2005 act. in order to appreciate various aspects of functioning of private security agencies and their accountability ..... provisions regulating the private security agencies; what is the control of the administration over the armed private security personnel and what steps are taken to control the private security guards from misusing their position and arms in the light of the rights and duties of the private security agencies under law, the affidavit filed by deputy commissioner, ut chandigarh has explained that the act called private security agencies (regulation) act, 2005, for short the 2005 act , applies to the private security agencies who ..... are required to get a licence under clause 1 of section 7 of the 2005 act, after applying on prescribed form v under rule 8 of the chandigarh .....Tag this Judgment!
Court : Supreme Court of India
..... disposed of the writ petitions filed by various security agencies which claimed that after enactment of the private security agencies (regulation) act, 2005 (hereinafter referred to as the central act ) by the parliament, the maharashtra private security guards (regulation of employment & welfare) act, 1981 (hereinafter referred to as the state act ) is not applicable to the private security agencies and if the state act remains in operation with respect to private security agencies then the state government be directed to ..... expeditiously pass orders on the pending applications for exemption under the provisions of the state act ..... wilfully and deliberately delayed the consideration and decision on all such applications for exemption. the parliament enacted the the private security agencies (regulation) act, 2005 (hereinafter referred to as the central act ) which came into force on march 14, 2006. under the provisions of the central act, the state of maharashtra along with other states were required to appoint the controlling authority as contemplated under section .....Tag this Judgment!
Court : Mumbai
..... relied upon by mrs.desai. 30 there, the argument was that the petitioners cannot be said to be guilty of any offence punishable under the scheme because firstly, the central act, namely, the private security agencies (regulation) act, 2005 has been brought into effect and secondly, that the petitioner no.2 in that writ petition was not responsible for engaging services of ..... security guards and that he is not authorized representative or manager of the petitioner no.1. in dealing with both the contentions, the learned single judge (honourable mrs. justice r.p.sondurbaldota) observed thus:- 6. the maharashtra private security guards (regulation ..... act and scheme. by employing security guards through the security agency and failing to engage the guards allotted to them by the board, the scheme has been contravened and which is an offence as enumerated above. 15 mrs.desai is, therefore, justified in placing reliance upon the said act and the scheme. 16 as is rightly urged that this is an act for regulating the employment of private security .....Tag this Judgment!
Court : Mumbai Aurangabad
..... the parties.8. after hearing rival submissions advanced by both learned respective counsel for the parties and on perusal of the provisions of the private security agencies (regulation) act, 2005 and rules thereunder, it appears that section 7 of the said act contemplates that application has to be made for grant of licence to the controlling authority in the form prescribed therefor and it shall be accompanying ..... 41] and about 1000 employees are dependent upon the petitioner and its business. it is the contention of the petitioner that the private security agencies (regulation) act, 2005 came into force in the year 2005 and therefore petitioner applied for the licence under the said act and rules thereunder on 2.2.2009 to the commissioner of police, aurangabad division, aurangabad i.e. respondent no.3 and copy ..... the commissioner of police, aurangabad division, aurangabad dated 27.5.2009 and further praying for direction to grant licence to the petitioner under the private securities agency (regulation) act, 2005 (for the sake of brevity herein after referred to as 'the said act') in view of the application dated 2 nd february, 2009.3. after filing the present petition, direction was issued by this court on 5th .....Tag this Judgment!
Court : Punjab and Haryana
..... 2. mr. atul kaushik, advocate, for respondent no.3. **** a.k. sikri, c.j.(oral) the petitioner herein, which is a registered security agency under the private security agencies (regulation) act, 2005, is in the business of providing security services and has provided such services to the respondent no.2 i.e. punjab state cooperative supply and marketing federation limited (markfed) as well. last contract ..... these two clauses read as under:- clause 8:- rates shall be quoted by the security agency as a percentage of the wages (without provident fund and other statutory payments) payable to the security agency. the service tax shall, however, be reimbursed to the security agency by markfed after deposit of the same and on furnishing the proof of payment of ..... such tax as per markfed rules. . clause 9:- security agencies should ensure to quote the logical rates, which should include all its ..... . further, as per terms and conditions, markfed is required to pay to the security agencies minimum wages, contribution to employees provident fund and esi, besides percentage of wages as service charges quoted by the concerned agency. out of the funds hence received, the security agencies are further required to pay minimum wages to the workers and epf & esi to .....Tag this Judgment!
Court : Delhi
..... forced to provide security to the petitioner upon his whims and fancies, more so, when repeated investigations and enquiries have not revealed anything to substantiate the ..... willing to bear the expenses of providing security cover. at this juncture it must be said that if the petitioner is not satisfied with the security provided to him by the police from time to time, the petitioner is free to avail the services of the private security agencies which are governed by the private security agencies (regulation) act, 2005. the police however, cannot be ..... wherein it was decided that the police protection given to the petitioner be withdrawn. and that the matter regarding security arrangements for the petitioner was examined by the ministry of home affairs in consultation with the central security agencies, but was not acceded to vide order dated april 23, 2009.7. the report also states that the ..... carrying out extensive threat perception assessments. moreover, the case of the petitioner was also assessed by the security review committee, police head quarters as well as by the ministry of home affairs in consultation with the central security agencies. furthermore, there is nothing on record to suggest that the threat perception assessment carried out by the .....Tag this Judgment!
Court : Delhi
..... minimum wages.12. applying the aforesaid principles in the facts of the present case, we find:(a) the authority to have held that the private security agencies (regulation) act, 2005 had come into force on 15th march, 2006 making the minimum wages applicable to security workers; (b) the authority as well as the learned single judge to have held that though the supreme court in lingegowd detective ..... new delhi date of decision:27. h january, 2014 % + lpa no.407/2013, cm no.1673/2014 (for amendment in appeal) & cm no.9186/2013 (for stay). m/s tops security ltd. .. appellant through: mr. k.c. dubey, adv. versus tops detective and secuirty services ltd. karamchari union (regd.) .. respondent through: mr. prabhakar, adv. coram :hon ble the chief justice ..... appellant challenging the order dated 19th january, 2012 of the authority appointed under the minimum wages act, 1948 allowing the application of the respondent union under section 20 of the act for release of difference of minimum wages and wages paid for the period 1st august, 2005 to 31st january, 2006 and further directing the appellant to pay compensation equivalent to five times ..... minimum wages act, 1948; (c) there being nothing on record to show that the employees of the appellant on any earlier occasion had made any grievance of not being paid minimum wages; (d) the period of the default is only from 1st august, 2005 to 31st january, 2006; and, (e) that the appellant is engaged in the business of providing security personnel to .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(111)BomLR4111
..... coming into force of the private security agencies (regulation) 2005 (herein after referred to as 'central act' ), which is the enactment enacted by the parliament, maharashtra private security guards (regulation of employment & welfare) act, 1981 (herein after referred to as the 'state act' ) does not operate in relation to the private security agencies. the second main prayer is ..... relating to employment and deployment of private security guards by private security agencies, and to regulate the recruitment and conditions of service or employment of private security guards employed by agencies, the central act prevails over the state act insofar as agency guards are concerned. consequently, the state act after 2005 applies only to guards deployed by the ..... board, and has to give way to the central act under article 254 insofar as guards employed by private security agencies ..... and welfare, through the establishment of a board therefor and for matters connected therewith, whereas the central act has been enacted for regulating the business of private security agencies. the state act has been enacted by the state legislature under entry 24 of the concurrent list i.e. welfare of .....Tag this Judgment!
Court : Mumbai
..... enactment of the state act, central act known as "the private security agencies (regulation), 2005 has been enacted. the parliament, therefore, sought to cover the field relating to employment and deployment of private security guards by private security agencies and to regulate the recruitment and conditions of service or employment of private security guards employed by agencies. the central act prevailed over the state act in so far as the security guards employed by the agency are concerned and in ..... another) decided on 14th august, 2009. in the said case, the division bench has considered the issue as to whether after the enactment of the central act i.e. private security agencies (regulation), 2005 ("the central act") whether the state act will have any application. it has been held by the division bench in the said case that there is no repugnancy in the provisions of the central ..... view of the same, the state act has .....Tag this Judgment!