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Search Results Judgments > Act:PRIVATE SECURITY AGENCIES (REGULATION) ACT 2005

May 21 2013

Mohit Sharma Vs. UT of Chandigarh and others

  • Decided on : 21-May-2013

Court : Punjab and Haryana

... 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 ... 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 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 ... 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 Administration Private Security Agency Rules, 2006, for short the 2006 Rules , framed under 2005 Act. ...

Aug 14 2009

Alsecure and Protection Services (I) and Ors. Vs. State of Maharashtra ...

  • Decided on : 14-Aug-2009

Court : Mumbai

Reported in : 2009(111)BomLR4111

... 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 that in case it is held that the State Act continues to operate in relation to the private security agencies ... 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 ... Act, and substantially covers the same field as the State Act. Since it is apparent that Parliament has 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 prevails over the State Act insofar as agency guards are concerned. Consequently, the State Act after 2005 ...

Nov 23 1990

Maharashtra Rajya Suraksha Rakshak and General Kamgar Union and Ors. V ...

  • Decided on : 23-Nov-1990

Court : Mumbai

Reported in : (1994)IIILLJ946Bom

... Security Guards employed by the private agencies were exploited in more than one way on the basis of a recommendation of a committee specially appointed to investigate the matter the State of Maharashtra promulgated the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Ordinance of 1981 which was subsequently made into an Act known as 'Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act of 1981'. The private security agencies ... Private Security Guards (Regulation of Employment and Welfare) Ordinance of 1981 which was subsequently made into an Act known as 'Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act of 1981'. The private security agencies challenged the constitutional validity of the said Act. The learned Single Judge on the original side of this Court repelled the constitutional challenge and held the Act ... Act known as 'Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act of 1981'. The private security agencies challenged the constitutional validity of the said Act. The learned Single Judge on the original side of this Court repelled the constitutional challenge and held the Act constitutionally valid. The judgment of this Court in the said case of Tradeswell Security ...

Aug 09 2010

Maharashtra Suraksha Rakshan Aghadi, Vs. State of Maharashtra, throug ...

  • Decided on : 09-Aug-2010

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 ... "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 view of the same, the State Act has ... when the Act is sought to be applied.6. Mr. Rizvi has also submitted that after the 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 ...

Apr 05 2002

Maharashtra Suraksha Rakshak Aghadi and Anr. Vs. State of Maharashtra ...

  • Decided on : 05-Apr-2002

Court : Mumbai

Reported in : 2002(3)ALLMR723; 2002(4)BomCR497; (2002)4BOMLR382; 2002(4)MhLj758

... private security agencies mentioned in column 3 of the Schedule. In other words, the class of security guards exempted from the operation of the Act under the notification is a class of security guards who are in the employment of the security agencies or who may in future join the employment of the security agencies mentioned in column 3. If any security guard leaves the employment of any of the agency ... Private Security Guards (Regulation of Employment and Welfare) Ordinance, 1981. The Ordinance was replaced by the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. Pursuant to the powers conferred by Section 4 of the Act Government of Maharashtra, after consulting the Advisory Committee made Maharashtra Private Security Guards (Regulation of Employment and Welfare) Scheme, 1981. The Act was amended by the Legislature by Amendment Act ... Act to the security guards mentioned in column 2 only and only if they are in the employment of the private security agencies mentioned in column 3 of the Schedule. In other words, the class of security guards exempted from the operation of the Act under the notification is a class of security guards who are in the employment of the security agencies ...

Aug 02 2010

Mohd. Iliyas Sk. Omar Kirmani, age 45 years, Vs. The State of Maharas ...

  • Decided on : 02-Aug-2010

Court : Mumbai - Aurangabad

... Act, 1948 and the petitioner is carrying on the business of private securities Agency since last 15 years and has obtained the shop Act licence therefore since 1995 which is produced [at page 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 ... private securities Agency since last 15 years and has obtained the shop Act licence therefore since 1995 which is produced [at page 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 ... 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 ... 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 ...

Nov 02 1982

Tradesvel Security Services Pvt. Ltd. Vs. State of Maharashtra

  • Decided on : 02-Nov-1982

Court : Mumbai

Reported in : (1982)84BOMLR608

... Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (hereinafter referred to as a said Act) and the Scheme viz. the Private Security Guards, (Regulation of Employment & Welfare) Scheme, 1981, deemed to have been prepared by the State Government in exercise of the powers conferred under Sub-section (1) of Section 4 of the said Act. The petitions are filed both by the agencies ... Act, 1981 (hereinafter referred to as a said Act) and the Scheme viz. the Private Security Guards, (Regulation of Employment & Welfare) Scheme, 1981, deemed to have been prepared by the State Government in exercise of the powers conferred under Sub-section (1) of Section 4 of the said Act. The petitions are filed both by the agencies or agents who hitherto carried on the business of supplying security ... Private Security Guards, (Regulation of Employment & Welfare) Scheme, 1981, deemed to have been prepared by the State Government in exercise of the powers conferred under Sub-section (1) of Section 4 of the said Act. The petitions are filed both by the agencies or agents who hitherto carried on the business of supplying security guards to various employers and also by the employers who engage the security ... agencies and Petitions Nos. 420 of 1982, 422 of 1982, 1205 of 1981, 1386 of 1981, 1408 of 1981, 1499 of 1981, 1884 of 1981 and 816 of 1982 are filed by the employers. Some of these petitions were filed immediately after the Ordinance viz. the Maharashtra Private Security Guards (Regulation ...

Oct 10 2006

Maharashtra Suraksha Rakshak Aghadi Vs. State of Maharashtra,

  • Decided on : 10-Oct-2006

Court : Mumbai

Reported in : 2007(1)ALLMR769; 2006(6)BomCR493

... Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (hereinafter referred to as 'the said Act') and prays that the same may be quashed and set aside. These two Notifications grant exemption to two agencies supplying private security guards to the factories and/or establishments run by the principal employer. This Section 23 empowers the State Government to grant such exemption if the security ... the wages were being paid at the rate of Rs. 3,200/- per month. Thereafter he states:We have already paid arrears to our security guards for the months of January to June 2005. This is while denying that the guards were being paid lower wages than the wages fixed by the Board. The Board was paying more ... Private Limited under Section 23 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act. 14. Thereafter the File contains a photo copy of a printed Note below which the then Minister of State for Labour Shri Hemant Deshmukh and the then Cabinet Minister for Labour Shri Satish Charturvedi have signed on 3rd April 2003. The said Note records that this agency ... advert to the salient features of the said Act and particularly Section 23 of the said Act granting exemption to the security guards from the coverage of the said Act or the Scheme in certain circumstances. This Act was passed by the legislature of the State of Maharashtra, principally for regulating the employment of private Security Guards employed in factories and establishments in the ...

Oct 10 2006

Karantikari Suraksha Rakshak Sanghatana Vs. State of Maharashtra and O ...

  • Decided on : 10-Oct-2006

Court : Mumbai

Reported in : 2006(6)ALLMR401; 2006(6)BomCR673

... agencies have all been heard through their Counsel.4. Before we examine the submissions of the various parties, we may advert to the salient features of the said Act. This Act known as 'The Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981' was passed by the legislature of the State of Maharashtra, principally for regulating the employment of private Security ... under Section 10 of that Act the agencies engaging contract labour are permitted to operate and the conditions of service of such labour are regulated under the Act. The State Act is a special legislation for the private security guards. Under the scheme of the Act, they have to be registered with the security guards' board and the ... Act provides for abolition of contract system in certain circumstances. However, in cases other than those covered under Section 10 of that Act the agencies engaging contract labour are permitted to operate and the conditions of service of such labour are regulated under the Act. The State Act is a special legislation for the private security guards. Under the scheme of the Act ... Act as held by the Apex Court. The Central Act provides for abolition of contract system in certain circumstances. However, in cases other than those covered under Section 10 of that Act the agencies engaging contract labour are permitted to operate and the conditions of service of such labour are regulated under the Act. The State Act is a special legislation for the private security ...

Apr 16 2013

Bank of Baroda and Others Vs. State of Maharashtra and Others

  • Decided on : 16-Apr-2013

Court : Mumbai

... 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 ... , 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 ... 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 ... Act reads as under:- ??An Act for regulating the employment of Private Security Guards employed in factories and establishment in the State of Maharashtra and for making better provisions for their terms and conditions of employment and welfare, through the establishment of a Board therefor, and for matters connected therewith. ? 17 The Act contains certain definitions one of which is of the term ??agency ...

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