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

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 ...

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 ...

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. ...

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 ...

Feb 14 2013

M/s Gem Security Services Vs. State of Punjab and others

  • Decided on : 14-Feb-2013

Court : Punjab and Haryana

... respondent No.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 ... 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 ... , the security agency has to bear the establishment CWP No.1576 of 2013 (O&M) -7- charges also. The rate quoted by any security agency less than the rates mentioned above, cannot meet out its requirements/liabilities. Any such agency quoting rates less than the above rates is likely to exploit the workers. Further from the bills of the security agencies, TDS ... 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 ...

Oct 03 2013

Sh. Jai Bhagwan Goel Vs. State & Ors.

  • Decided on : 03-Oct-2013

Court : Delhi

... 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 forced to provide security to ... security, to the extent that he is 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 petitioner was assessed by the Security Review Committee, Police Head Quarters (PHQ), 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 ... 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 ...

Jan 27 2014

M/s Tops Security Ltd. Vs. Tops Detective and Secuirty Services Ltd. ...

  • Decided on : 27-Jan-2014

Court : Delhi

... 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 & Security Chamber (P) Limited Vs. Mysore Kirloskar Limited (2006) 5 SCC180relied upon by the appellant had held minimum wages to be not payable to security ... 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 ... implementing the provisions of the Act, all these matters are to be taken into account before any order is made granting compensation in a particular amount. It was further held that the Authority is not bound to grant compensation.8. The Division Bench of the Patna High Court also in G.S. Dugal & Co. (Private) Ltd. Vs. Labour Inspector (Central) ... not payable to security personnel but the said judgment pertaining to the State of Karnataka was not applicable to Delhi for the reason of the Government of National Capital Territory of Delhi having issued a Notification dated 28 th April, 1989 in relation to employment in all shops and establishments covered by the Delhi Shops and Establishments Act, 1954, bringing ...

Jun 21 2007

Maharashtra Suraksha Rakshak Aghadi Vs. The Security Guards Board for ...

  • Decided on : 21-Jun-2007

Court : Mumbai

Reported in : 2007(5)BomCR405; (2007)109BOMLR1381

... 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 security guards in accordance with the Regulations ... 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 ... Act and respondent No. 3 is a private contractor engaged in the business of supplying security guards to various establishments. Some of the security guards, details of which are provided 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 ...

Mar 15 2013

Imvula Quality Protection (PTY) LTD. Vs. Licinio Loureiro and Others

  • Decided on : 15-Mar-2013

Court : South Africa - Supreme Court of Appeal

... regulation 7(1) in the Code of Conduct for Security Service Providers, 2003 made under s 35 of the Private Security Industry Regulation Act 56 of 2001. The regulation reads: A security service provider must, within his or her ability, render all reasonable assistance and co-operation to the members and employees of the Security Services to enable them to perform any function which they may lawfully perform. (Security ... the Directorate of Special Operations, the National Intelligence Agency, the South African Secret Service, the Department of Correctional Services and any other official law enforcement agency or service established by law, irrespective of whether such an agency or service resorts at national, provincial or local government level.) In terms of the regulation not only does the person to whom ... and Partitions CC (CCandP). The first respondent requested Ricardo to arrange a 24-hour service of armed guards to be placed at his house. The appellant, a private security firm, was employed for this purpose. The guards were placed at the entrance of the respondents home with effect from 2 December 2008. [3] The first respondent ... official law enforcement agency or service established by law, irrespective of whether such an agency or service resorts at national, provincial or local government level.) In terms of the regulation not only does the person to whom the assistance and co-operation has to be rendered, have to be a member or employee of the security services, but ...

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 ...

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