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Act
 
Act & Scheme Index
Pages: 1 | 2 | 3
 

MAHARASHTRA ACT NO. LVIII OF 19811

 

[The Maharashtra Private Security Guards
(Regulation Of Employment And Welfare) Act, 1981.]

[This Act received assent of the President on 24th September 1981: assent was first published in the Maharashtra Government Gazette, Part IV, Extraordinary on 25th September 1981.]
Amended by Mah. 28 of 1996 (29-4-1996)2

 

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 therefore, and for matters connected therewith.

 

WHEREAS both Houses of the State Legislature were not in session;

 

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law 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 therefore, and for matters connected therewith, and, therefore, promulgated the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Ordinance, 1981 (Mah. Ord. V of 1981) on the 29th June, 1981;

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State legislature; it is hereby enacted in the Thirty – Second Year of the Republic of India as Follows:-

 
1 Short title, extent, commencement and application
 
(1) This Act may be called the Maharashtra Private Security Guards ( Regulation of employment and Welfare) Act, 1981.
(2) It extends to the whole of the State of Maharashtra.
(3) This Act shall be deemed to have come into force only in Greater Bombay and Thane District on the 29th June, 1981. It shall come into force in any other area of the State on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf for that area, and different dates may be appointed for different areas and for different provisions of this Act.
(4)

It applies to persons who work as Security Guards in any factory or establishment, but who are not direct and regular employees of the factory or the establishment, as the case may be.

   
2 Definitions
  In this Act, unless the context otherwise requires.-
 
(1)

“agency or agent”, in relation to a Security Guard, means an individual or body of individuals or a body corporate, who or which employees Security Guards in his or its employment on wages and undertakes to execute any security work or watch and ward work on contract, for any factory or establishment by engaging the Security guards in his or its employment, but does not include a sub-agency or sub-agent or the Board;]
(1-a) “Advisory Committee” means committee constituted under Section 15;

(2)

“Board” means a Board established under this Act;

(3)

“employer”, in relation to a Security guard in the direct employment of an agency or agent and deployed in a factory or establishment through such agency or agent, means such agency or agent;]

(4)

“establishment” means an establishment as defined in clause (8) of Section 2 of the Bombay Shops and Establishments Act, 1948 (Bom. LXXIX of 1948);

(5)

“Factory” means a factory as defined in clause (m) of Section 2 of the Factories Act, 1948 (LXIII of 1948);

(6)

“Inspector” means an Inspector appointed under Section 16;

(7)

“Prescribed” means prescribed by rules made under this Act;

(8)

“principal employer”, in relation to any class or classes of Security Guards deployed in a factory or establishment by the agency or agent or Board, means the person who has ultimate control over the affairs of the factory or establishment and includes any other person to whom the affairs of such factory or establishment are entrusted whether such person is called Authorised Representative, Manager or by any other name prevailing in the factory or establishment;]

(9)

“Scheme” means a Scheme made under this Act;

(10)

“Security Guard” or “Private Security Guard” means a person who is engaged through any agency or agent or Board to do security work or watch and ward work in any factory or establishment but does not include the members of any principal employer’s family or any person who is a direct employee of the principal employer;]

(11)

“wages” means all remuneration expressed in terms of money or capable of being so expressed, which would, if the terms of contract of employment express or implied, were fulfilled, be payable to a Security

 

Guard in respect of security work or watch and ward work done in any factory or establishment, but does not include

i

the value of any house accommodation, supply of light, water, medical attendance, or any other amenity or any service excluded from the computation of wages by general or special order of the State Government;

ii

any contribution paid by the employer 1[or the principal employer, as the case may be,] to any pension fund or provident fund or under any scheme of social insurance and the interest which may have accrued thereon;

iii

any travelling allowance or the value of any travelling concession;

iv

any sum paid to the Security guard to defray special expenses entailed on him by the nature of his employment; or

v any gratuity payable on discharge.
 
 
 
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