Security company working without licence

Satya Mani Tiwari (Querist) 07 December 2012 This query is : Resolved
Dear All Experts,

I have a query regarding consequences to continue allowing a Security Agency to carry on working without Licence as required under PRIVATE SECURITY AGENCY REGULATION ACT 2005, what if any security guard while on duty receives serious injury or he Perishes while on duty then who will be responsible as The security agency is not Licenced, will the principle employer be held responsible if Yes then to what extent. Please give expert opinion with any recent judgements in this regard if any.

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ajay sethi (Expert) 07 December 2012
registratio n of security agency is mandatory . if securtiy agency carries on work without license and the security guard receives serious injury the security agency and principal employer both would be liable

R.K Nanda

(Expert) 07 December 2012
agree with expert Sethi.

prabhakar singh (Expert) 07 December 2012
In given case the security agency as well as principal employer both would be jointly and severally liable .

Raj Kumar Makkad (Expert) 08 December 2012
It is the duty of the Principal employer to ensure whether the security agency is licensed or not and if it violates its duty, the entire responsibility rests with it which cannot be shifted as this is like ccntract labour

Satya Mani Tiwari (Querist) 08 December 2012
I sincerely Thank all experts in their valuable suggestions & opinions.

prabhakar singh (Expert) 08 December 2012
Most welcome you are gentle man!

ajay sethi (Expert) 08 December 2012
thanks for the appreciation

Raj Kumar Makkad (Expert) 08 December 2012
I also welcome your appreciation.

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