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 : Delhi
..... letter dated 28.11.2013 by respondent no.2, ought to be quashed in view of the fact that it does not possess a license under section 4 of private security agencies (regulation) act, 2005 (in short the act).2. before i proceed further, it may be important to note that the petitioner is perhaps aggrieved by the fact that its contract with respondent no.2 got ..... objects and reasons also takes note of the fact that private multi-national security agencies, have established their branches in the country, and that, unless they are properly regulated, there would be serious security implications. therefore, to regulate private security agencies, and to provide for other matters connected therewith or incidental thereto, the parliament had decided to promulgate the 2005 act. 6.3 it would not be out of place to ..... mention that while enacting the 2005 act, the parliament was also conscious of the fact that private security agencies could impinge upon national interest, and .....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 : Kerala
..... ext.r2(b): true copy of the license dated2011.2013, issued by the government to the3d respondent under the private security agencies (regulation) act, 2005. ext. r2(c): true copy of the letter dated104.2013 from the issuing authority under the private security agencies (regulation) act, 2005, produced by the petitioner during the technical bid opening. ext. r2(d): true copy of the letter dated234. ..... (a) produced by the second respondent in w.p.(c) no.11867/2014. the clause 4(6) of ext.r2(a) stipulates that the agency must have licence under private security agencies regulation act, 2005. the petitioners in both the writ petitions submitted their tenders. along with tender documents, the writ petitioner in w.p.(c) no.22164/2014 produced ..... the licence issued under the above act. the above licence was granted to run private security agencies in the districts of thiruvananthapuram, kollam, alappuzha, ernakulam and pathanamthitta. in fact, ..... kasargode and idukki. it appears that there were seven tenderers and of which one was disqualified. it is pertinent to note that none had licence to run private security agency for the entire area for which the notification was issued. the only person at the relevant time was having certain licence for certain areas is the petitioner in .....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 : Mumbai
..... judgment too, we find is wholly inapplicable to the facts of the present case. what was being considered by the supreme court was the provisions of the private security agencies (regulation) act, 2005 (the central act made by the parliament) and the maharashtra private security guards (regulation of employment and welfare) act, 1981 (state act) enacted by the government of maharashtra. in the facts of that case the validity of the state ..... act was challenged in light of the provisions to the central act which was brought into force much after the provisions of the state act. it is, in these circumstances, that the observations ..... institutions. interestingly, section 41 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 makes amendments in three acts the companies act, the securities contracts (regulation) act, 1956, and the sick industrial companies (special provisions) act, 1985. it is of great significance that only the first two acts are included in section 37 and not the third i.e. the sick industrial companies (special .....Tag this Judgment!