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Search Results Judgments > Phrase: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 ...

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. ...

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 ...

Jul 01 1996

United States v. Winstar Corp.

  • Decided on : 01-Jul-1996

Court : US Supreme Court

... , not generally applicable to private contracts, govern enforcement of the governmental contracts at issue here. We decide whether the Government may assert four special defenses to respondents' claims for breach: the canon of contract construction that surrenders of sovereign authority must appear in unmistakable terms, Bowen v. Public Agencies Opposed to Social Security Entrapment, 477 U. S. 41 , ... Cl. Ct. 281, 287, n. 6 (1982) (rejecting sovereign acts defense where the Government agency's actions "were directed specifically at plaintiff's alleged contract performance"). Despite the dissent's predictions, the sun is not, in fact, likely to set on the sovereign acts doctrine. While an increase in regulation by contract will produce examples of the "fusion" that ... tax and, relevant to this case, the authority to regulate. The most recent opinion of this Court dealing with the unmistakability doctrine is United States v. Cherokee Nation of Okla., 480 U. S. 700 (1987). That case quoted language from Bowen v. Public Agencies Opposed to Social Security 925 Entrapment, 477 U. S. 41 (1986), which relied ... and Enforcement Act of 1989 (FIRREA) forbade thrifts to count goodwill and capital credits in computing the required reserves. Respondents are three thrifts created by way of supervisory mergers. Two of them were seized and liquidated by federal regulators for failure to meet FIR REA's capital requirements, and the third avoided seizure through a private recapitalization. Believing ...

Feb 09 1995

Secretary, Ministry of Information and Broadcasting, Govt. of India an ...

  • Decided on : 09-Feb-1995

Court : Supreme Court of India

Reported in : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036

... be used in the best interest of the society and this can be done either by a central authority by establishing its own broadcasting network or regulating the grant of licences to other agencies, including the private agencies. What is further, the electronic media is the most powerful media both because of its audio-visual impact, and its widest reach covering the section of ... liberty of publication. Indeed, without circulation the publication would be of little value'. Section 9 (1-A) of the impugned Act authorised the Provincial Government, 'for the purpose of securing the public safety or the maintenance of public order, to prohibit or regulate entry into or the circulation, sale or distribution in the Province of Madras or any part thereof or any document ... view on any subject. That is why the doctrine of fairness which is evolved in the U.S. in the context of the private broadcasters licensed to share the limited frequencies with the central agency like the FCC to regulate the programming. But this phenomenon occurs even in the case of the print media of all the countries. Hence the body like the ... grant of licences to other agencies, including the private agencies. What is further, the electronic media is the most powerful media both because of its audio-visual impact, and its widest reach covering the section of the society whether the print media does not reach. The right to use the airwaves and the content of the programmes, therefore, needs regulation for balancing it and ...

Mar 04 2011

Federation of Indian Airlines And Ors. Vs. Union of India And Ors.

  • Decided on : 04-Mar-2011

Court : Delhi

... Regulations, 2000, have been made under Section 42 of the Airports Authority of India Act 1994 and thus are applicable to the airports managed by the Airports Authority of India. With the restructuring of certain airports and development of a few Greenfield airports in the private sector, it has become imperative for the Central Government to lay down the eligibility criteria for various agencies ... the circulars do not in any way remotely suggest for enhancement of security; and that the applicability of the circulars / Regulations is immensely vague and the same are also not in accord with the Acts and the Regulations.11. It is contended that while the circulars / Regulations permit ground handling facilities to either an airport operator or ... persons who were the beneficiaries of the earlier policy. In this regard, we may fruitfully refer to Bannari Amman Sugars Ltd. v. Commercial Tax Officer & Ors., (2005) 1 SCC 625, while dealing with the concept of legitimate expectation and a change in policy, their Lordships referred to the decision in Union of India ... agencies to be appointed at each airport keeping in view the safety, security, demand, available infrastructure, land and other relevant consideration."39. On 18.10.2007, in exercise of power conferred under Section 42 of the 1994 Act, a set of Regulations, namely, Airports Authority of India (General Management, Entry for Ground Handling Services) Regulations 2007 was issued in supersession of the 2000 Regulations. Regulation ...

May 14 1979

Cannon v. University of Chicago

  • Decided on : 14-May-1979

Court : US Supreme Court

... The "other means" provisions of 602 include agency suits to enforce contractual antidiscrimination provisions and compliance with agency regulations, as well as suits brought by the Department of Justice under Title IV of the 1964 Act, where the recipient is a public entity. [ Footnote 2/9 ] Congress also knew that there would be private suits Page 441 U. S. 723 to enforce ... to Commission action," 377 U.S. at 377 U. S. 432 , ignores the fact that Congress, in determining the degree of regulation to be imposed on companies covered by the Securities Exchange Act, already had decided that private enforcement was unnecessary. More significant for present purposes, however, is the fact that Borak, rather than signaling the start of a trend ... a lower court's implication of a private action to challenge violations of the Rail Passenger Service Act of 1970, in light of the Attorney General's express enforcement authority. And in Securities Investor Protection Corp. v. Barbour, 421 U. S. 412 (1975), we refused to allow private actions under the Securities Investor Protection Act Page 441 U. S. 739 of 1970, ... authority. And in Securities Investor Protection Corp. v. Barbour, 421 U. S. 412 (1975), we refused to allow private actions under the Securities Investor Protection Act Page 441 U. S. 739 of 1970, which also was enforceable by administrative proceedings and Government suits. [ Footnote 3/11 ] B It was against this background of almost invariable refusal to imply private actions, absent ...

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 ...

Apr 16 1974

Arnett v. Kennedy

  • Decided on : 16-Apr-1974

Court : US Supreme Court

... within employing agencies require longer to decide than the 60 days prescribed by [Civil Service] Commission regulations. Over 50 percent take more than three months, and five percent are in process for longer than a year." Id. at 206. Of course, the discharged civil servant, deprived of his source of income, can seek employment in the private sector, and ... U. S. 896 -897 (1961), we do not believe that a statutory enactment such as the Lloyd-La Follette Act may be parsed as discretely as appellee urges. Congress was obviously intent on according a measure of statutory job security to governmental employees which they had not previously enjoyed, but was likewise intent on excluding more elaborate procedural requirements ... able to secure a Job in the private sector. Alternatively, he will be eligible for welfare benefits. Page 416 U. S. 170 Appellee also argues that the absence of a prior evidentiary hearing increases the possibility of wrongful removal, and that delay in conducting a post-termination evidentiary hearing further aggravates his loss. The present statute and regulations, however, ... employer-employee relationships, like those developed in the private sector, should be followed in interpreting the language used by Congress. [ Footnote 24 ] Moreover, the OEO has provided by regulation that its Office of General Counsel is available to counsel employees who seek advice on the interpretation of the Act and its regulations. [ Footnote 25 ] We found the similar procedure offered ...

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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