SOP for license/recognition to training institutes by the Controlling Authorities for imparting trainings under the Private Security Agencies (Regulation) Act, 2005 [PSAR Act]
No.24021/25/2021-PM-I
Government of India
Ministry of Home Affairs
Police Modernization Division
Jaisalmer House, 26, Man Singh Road,
New Delhi, dated the 02nd May, 2023.
To
1. Controlling Authorities (PSARA) of all the States/UTs.
2. Training Institutes in private security sector.
Subject: Standard Operating Procedure (SOP) for license/recognition to training institutes by the Controlling Authorities for imparting trainings under the Private Security Agencies (Regulation) Act, 2005 [PSAR Act].
Madam/Sir,
I am directed to say that this Ministry is in receipt of references regarding the procedure for registration of Training Institutes (imparting trainings under the PSAR Act, 2005) by the Controlling Authorities appointed under the States /UTs and the challenges in implementation of various provisions regarding training of (private) guards and supervisors.
2. This Ministry, vide letter No. 24021/27/2016-PM-I dated 22.06.2018, had taken a view that license to training institutes in the private security sector was not needed. However, this instruction has not helped much to implement the provisions of mandatory training requirements. Further, stipulation of framing of the detailed training syllabus in accordance with the National Skill Qualification Framework (NSQF) by the Controlling Authority (of respective States / UTs) has no desired impact on the promotion of training institutes across many States and UTs.
3. In view of the above, the Ministry has formulated a Standard Operating Procedure (SOP) for registration of training institutes with the Controlling Authorities (Annexure). The Controlling Authorities are requested to follow the SOP in the respective State/UT in letter and spirit.
Yours faithfully,
Encl: as above Copy to:
(Manohar N. Sukole)
Under Secretary to the Government of India
Tel :23386126
1. NIC, MHA for uploading the SOP on PSARA portal (psara.gov.in) and for making necessary changes in the private security agency licensing portal.
2. SO (IT), MHA for uploading on the website of MHA for information of training institutes and general public.
Annexure
No.24021/25/2021-PM-I
Government of India
Ministry of Home Affairs
Police Modernization Division
May, 2023
Standard Operating Procedure (SOP) for license/recognition to training institutes by the Controlling Authorities for imparting trainings under the Private Security Agencies (Regulation) Act, 2005 [PSAR Act].
I. Statutory Guidelines
1. Provisions under the PSAR Act, 20Q:
1.1 “Private Security Agency” means a person or body of persons other than a government agency, department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property. [Section 2(g)] ,
1.2 No person shall carry on or commence the business of pri vate security agency, unless he holds a licence issued under this Act. [Section 4]
1.3 An application for grant oflicence to a private security agency shall be made to the Controlling Authority in such fonn as may be prescribed. [Section 7(1)]
1.4 Every private security agency shall ensure imparting of such training and skills to its private security guards and supervisors as may be prescribed. [Section 9(2)]
1.5 Training of licensee is a condition for grant of licence. [Section 11(1)]
1.6 The State Government may make provision in the rules to verify about imparting of required training by the private security agency under sub-section (2) of section 9 and to review continuation or otherwise of license of such private security agency which may not have adhered to the condition of ensuring the required training. [Section 11(2)]
1.7 Any person or private security agency, who contravenes the provisions of sections 9, 10 and 12 of the Act, shall be punishable with a fine which may extend to twenty-five thousand rupees, in addition to suspension or cancellation of the license. [Section 20(2)]
2. Provisions under the Private Security Agencies Central Model Rules, 2020:
2.1 The Rules provide the subjects and minimum duration of trainings for guards/supervisors and licensees as below:
|
S. No. |
Type of training | Minimum training period | Training Subjects |
| 1 | Licensee’s training | 6 working days | As prescribed under Rule 4(3) of Central Model Rules, 2020 |
| 2 | Guards (entry level)/ Supervisors | 20 working clays
(classroom instruction -100 hours & field training -60 hours) – [Rule 8(1)] |
As prescribed under Rul e 8(2) of Central Model Rules, 2020 |
| 3 | Guards (ex-servicemen and former police personnel) | 7 working days
(classroom instruction -40 hours & field training -16 hours) – [Rule 8(1)] |
|
| 4 | Training for personnel engaged in Cash Transportation Activities | Same as at Serial. No. 2 & 3 above. | As prescribed in the ‘second schedule’ under the model rules: Private Security Agencies (Private Security to Cash Transportation Activities) Rules, 2018 |
2.2 The Controlling Authority shall frame the detailed training syllabus required for training the security guards in accordance with National Skill Qualification Framework (NSQF). [Rule 8(1)]
2.3 The Controlling Authority shall frame the detailed training syllabus required for training the licensee (of Private Security Agency). [Rule 4(2)]
2.4 On completion of the training, each successful trainee shall be awarded a certificate in Form VIII by the training institute. [Rule 8(4)]
2.5 The training certificates issued to the guards/ supervisors from Training Institutes in one State shall be accepted in other State also. It is valid for the entire Country. [Rule 8(5)]
2.6 The Controlling Authority shall inspect the functioning of training facility from time to time either by itself or through its own officers. Nom1ally such inspection shall be conducted at least two times every year. [Rule 8(6)]
2.7 All the training agencies shall submit a list of successful trainees to the Controlling Authority in the manner prescribed by it. [Rule 8(7)]
2.8 The Controlling Authority either by itself or through its officers may verify the training and skills imparted to the private security guards and supervisors of any private training agency. [Rule 8(9)]
3. The Department of Economic Affairs’ Notification No. 8/6/2013-lnvt. dated 27.12.2013 stipulated that it shall be mandatory for all training/educational programmes/courses to be NSQF – compliant after the fifth anniversary date of the notification of the NSQF.
II. Application for license/recognition of a training institute with the Controlling Authorities
1. Procedure of application and renewal of license to private security agency applies mutatis mutandis in case of license/ recognition of a training institute. The following points are noteworthy in this regard:
1.1 Every training institute imparting trainings in the sector of private security services (regulated under the PSAR Act, 2005) shall apply for its Recognition with the Controlling Authority concerned in the prescribed forms [except Para 10 (regarding own/outsourced training facility) and Para 12 (regarding uniform) of Form-I (Application for licence), while applying licence for a training institute] along with the licence fee as per Rule 3 of the Private Security Agencies Central Model Rules, 2020.
1.2 The Controlling Authority shall recognize/grant licence to a training institute for a period of five years as per provisions under Rule 3 of the central model mies, 2020 and it can be renewed further for another five years and so on.
1.3 Renewal of license of a training institute shall be as per Rule 5 and 6 of
the Private Security Agencies Central Model Rules, 2020.
2. Processing of applications for license/recognition and renewal of training institute will be as below:
2.1 The Controlling Authority shall process the applications for license/recognition of a training institute in the same manner as followed for grant of licence to a private security agency.
2.2 The Controlling Authority shall pass an order on applications for fresh license/recognition of training institute within sixty days from the date of receipt of it, complete in all respects. In case of renewal of license/recognition, the time limit shall be thirty days.
2.3 In case of rejection of the application, no order of rejection shall be made unless, – (a) the applicant has been given a reasonable opportunity of being heard; and (b) the grounds on which licence is refused is mentioned in the order.
2.4 The Controlling Authority shall update the database of recognized trarmng institutes in their respective State/UT on the PSARA portal (psara.gov.in) under the head “!mow your training institutes” innnediately on their recognition.
2, 5 The Controlling Authorities shall give a notice to the training institutes running without licence/recognition asking them to apply for licence immediately, Reasonable time of six months may be given before taking action for contravention of section 4 of the PSAR Act as per section 20(1) of the Act.
III. Conditions of license /recognition to training institutes
1. The following are the conditions of license /recognition to training institutes
1.1 Training institute shall conduct the training courses as per the syllabus prescribed by the Controlling Authority as provisioned under Rule 8 (for private security guards/ Supervisor) and/or Rule 4 (for licensees), Appropriate action for taking approval under NSQF is being taken by the Ministry of Home Affairs, Till such time this approval process is completed, the syllabus presently included in the Rules shall be treated as the syllabus prescribed by the Controlling Authority,
1.2 The Controlling Authority shall satisfy himself of the minimum infrastructure required, based on training capacity, to run the training institute for which license/ recognition is issued by him,
1,3 On completion of the tranung, each successful trainee shall be awarded a certificate in the prescribed format (Form VIII) by the training institute,
1.4 All the training agencies shall submit a list of successful trainees to the Controlling Authority in the manner prescribed by it
IV. Monitoring & Review:
I. Controlling Authorities shall monitor working of training institutes and compliance of training provisions by the private security agencies in the following manner:
1.1 Working of the training institutes under their jurisdiction would be reviewed regularly by the Controlling Authority,
1.2 The Controlling Authority shall inspect the functioning of training facility from time to time either by itself or through its own officers at least two times every year.
1.3 The Controlling Authority either by itself or through its officers shall verify the training and skills imparted to the private security guards and supervisors by the training agency,
1.4 Regular review must be taken in respect of implementation of Section 9(2), since such contraventions attract punishment under Section 20(2), Contravention of the provisions of sections 9(2) by private security agency, i,e,, non-imparting of training and skills to private security guards and supervisors is punishable with a fine which may extend to twenty-five thousand rupees, in addition to suspension or cancellation of the license of such agency,
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