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A Complete Guide on Suspension and Cancellation of PSARA License

A complete guide on suspension and cancellation of PSARA License

For the security of the country and its citizen, the government made it compulsory to have PSARA License for all the Private Security Agencies. However, cancellation of PSARA License is possible, if Private Security Agencies are not fulfilling the compliances of Private Security Agencies (Regulation) Act, 2005. It is not a one-time license. If the government finds that there is a violation of the provision of the PSARA Act, then even on the renewal stage one’s license can be suspended. Section 4 of the Act clearly states that no person or Agency can commence business without the PSARA License. Therefore having PSARA License is very important. 

Suspension and Cancellation of PSARA License

Section 13 of the Private Security Agencies (Regulation) Act, 2005 explains the conditions in which Suspension and Cancellation of PSARA License is possible. Controlling Authority can cancel or suspend the license on any one or more of the following grounds-  

  • License has been obtained through misrepresentation. 
  • If there is any suppression of material facts. 
  • If there is forgery regarding documents and photographs.
  • If the Licensee has violated any provision of the Private Security Agencies (Regulation) Act, 2005 or any other compliance which is mandatory for the License. 
  • If there is a misuse of information obtained by the license holder during the discharge of his or her duty. 
  • If the License holder represents his agency as the instrumentality of the Government.
  • If it is found that the information on the License has been used illegally. 
  • Using a different name other than the name for which license has been granted. 
  • If represented or tries to represent as a public servant. 
  • If any private Security Agency fails to commence its activities on time.
  • If any Private Security Agency fails to engage a supervisor on time.
  • If the licensee failed to give the services on which he or she agreed to any person.
  • If the licensee refused to give those services for which he or she agreed to any person.
  • Any act of license holder which is against the law.
  • If license holder instigates or facilitate any act which is unlawful. 
  • If the guards appointed by the Private Security Agencies are found to do any illegal act or negligent or drunk or indiscipline on duty. 
  • Any act of license holder which is against the National Security or Public Order or Law and Order of the Country leads to suspension or Cancellation of PSARA License. 

Conditions on which Suspension or Cancellation of PSARA License is possible

Following are the condition which has to be followed on the part of the government before Suspension or Cancellation of PSARA License- 

1.     Controlling authorities cannot directly cancel the License. First, it should order Suspension of license which should be of 30 days. 

2.     Then within 15 days of the Suspension Order, Private Security Agency has to give reasonable cause for not extending that suspension order to the Cancellation order. 

3.     Every order regarding the suspension or cancellation of the PSARA License should be a speaking order. 

4.     One copy of such order will be given to the affected person. 

5.     No order of Cancellation of PSARA License can be made without giving a reasonable opportunity to be heard. 

Right of Licensee against Suspension or Cancellation order

If the PSARA License holder is not satisfied with the Suspension or Cancellation order of the PSARA License by the Controlling Authority, he can appeal against such order. An appeal must be done within 60 days. If an appeal will be done after 60 days then a satisfactory reason is required due to which one fails to appeal within the time limit. An appeal will be presented before the Home Secretary of the State Government. Copy of order of Suspension or cancellation of PSARA License must be attached with the appeal. Before disposing of the appeal one must be given a reasonable opportunity of being heard. 

Guidelines to avoid the Suspension or Cancellation of Licens

Here are some guidelines which can save you from the suspension or cancellation of the PSARA License. Following are the small steps that can be your big help-

1.     Follow all the compliances needed for the PSARA License. 

2.     Provisions of Private Security Agencies (Regulation) Act, 2005[1] or any change in the provision of the same act must be followed. 

3.     If the government makes any change in the Private Security Agencies (Regulation) Act, 2005 then don’t ignore it.

4.     Give proper training to the guards.

5.     Keep eye on the guards so that they cannot do the things which can lead to suspension or cancellation of the PSARA License. 

6.     Don’t try to defraud the government. 

Conclusion

Suspension or cancellation of PSARA License is a check of government on the Private Security Service providers. So that Security agencies cannot do something which is against the security of the nation. Order of suspension or Cancellation of PSARA License by the Controlling Authority is appealable. A reasonable opportunity of being heard will be given to the aggrieved party. But this process is very rigorous. Hence one should do all the compliances pertaining to PASARA rules and regulations to avoid suspension or cancellation of PSARA License. 

Read our article:A Complete Guide on PSARA License Renewal and Penalties

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