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The  Private Security Guards
(Regulation of Employment and Welfare) Scheme, 2002
1

INDUSTRIES, ENERGY AND LABOUR DEPARTMENT
Mantralaya, Mumbai 400 032, dated the 12th November, 2002

 

NOTIFICATION

 

No. SGA.152002/(91/5) LAB-5.- In exercise of the powers conferred by sub-section (1) of Section 4 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (Mah.LVIII of 1981); and of all other powers enabling it in that behalf, the Government of Maharashtra, after consultation with the Advisory Committee, hereby amends the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 as required by sub-section (1) of said Section 4, of the said Act, namely:-

1 Title
 
1) This Scheme may be called The Private Security Guards (Regulation of
Employment and Welfare) Scheme, 2002.
2) 2[It shall deem to be that, this Scheme came into force from 12th November 2002].
   
2 Objects and Application
 
1 Objects
  The objects of the Scheme are,- to regulate employment of Private Security Guards employed in factories and establishment, and to make better provisions for their terms and conditions of employment and welfare through the establishment of a Board therefore and for matters connected therewith;
2 Application
  This Scheme shall apply to the registered Security Guards of the Board and the Security Guards in the employment of an employer agency deployed in any factory or establishment and employer agencies and registered principal employers, 3[in the State of Maharashtra.] in the areas specified in the Schedule appended hereto.
   
3 Interpretation
 
1 In this Scheme, unless the context otherwise requires,-
2 “Act” means the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (Mah. LVIII of 1981),-
 
a) “Appointed Day” means the day of commencement of the Scheme;
b) “Board” means the Security Guards Board for Brihan Mumbai and Thane District constituted undersection 6 of the Act for the areas specified in this
c) “Board Pool” means a list or register of registered Security Guards maintained by the Board but shall not include directly employed Security Guards and the Security Guards registered in the register of “other pool”;
d) “Chairman” means Chairman of the Board;
e) “Employer agency” means an employer agency within the meaning of the term “Employer” as defined in section 2(3) of the Act which directly employees Security Guards and supplies them to principal employer for deploying in his factory or establishment and whose security guards are granted exemption by the Government;
f) “Other pool” means a list of register of exempted Security guards of the employer agencies registered with the Board, maintained by the Board;
g) “Personnel officer” means the personnel officer appointed by the Board under Clause 4; Pool Security Guard” means a Security Guard whose name is entered in the Board pool or other pool, as the case may be;
i)

“register of employer agency” means the register of employer agency as defined in entry (e), registered with the Board maintained by the Board under the Scheme;

j) “register of principal employers” means the register of principal employers maintained by the Board under the Scheme;
k) “register of Security Guards” means the register of registered Security Guards of the Board and the Security Guards of the employer agency registered with the Board, maintained under the Scheme;
l) “register of principal employer” means the principal employer whose name is for the time being entered in the register of principal employer maintained by the Board;
m) “registered Security Guard of the Board” or “Security Guards of the employer agencies registered with the Board” means a person whose name is for the time being entered in the register of Security Guards;
n) “rules” means the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Rules, 1981.
 

 

3

Words and expressions used but not defined in the Schedule shall have the meaning assigned to them in the Act.

   
4 Secretary, Personnel Officer and other servants of the Board
 

The Board may appoint a Secretary, a personnel Officer and such other officers and servants on such conditions of services as it deems fit:

Provided that no post, the maximum salary of which exclusive of allowances is Rs.5,500 and above per month shall be created, and no appointment to such post shall be made, by the Board except with the previous approval of the State Government:

Provided further that the previous approval of the State Government shall not be necessary to any appointment in a leave vacancy of a duration of not more than three months.

   
5 Functions of the Board
1)

The Board may take such measures as it may consider desirable for carrying out the objective of administering the Scheme set out in clause 2 including measure for –

 
i) ensuring the adequate supply and the full and proper utilization of registered Security Guards of the Board for the purpose of facilitating and doing security work or watch and ward work in any factory or establishment.
ii) determining and keeping under review the number of registered Security Guards of the Board from time to time, on the registers or records and the increase or reduction to be made in the number of registered Security Guards of the Board;
iii) keeping, adjusting and maintaining the registered principal employers, registers, entering there in the name of any registered principal employer in accordance with the provisions of this Scheme;
iv) keeping, adjusting and maintaining from time to time, such registers or records as may be necessary of registered Security Guards of the Board including any registers, or records of registered Security Guards of the Board who are temporarily not available for work and whose absence has been approved by the Board; And where circumstances so require, removing from any registered or record the name of any registered Security guard of the Board either at his own request or in accordance with the provisions of the Scheme;
v) grouping or re-grouping of all registered Security Guards of the board into such group as may be determined by the Board and reviewing the grouping of any registered Security Guards of the Board on the application of a registered Security Guard of the Board;
vi) making provision, subject to availability of funds, for welfare of registered Security Guards of the Board including medical services in so far as such provision does not exists apart from this Scheme;
vii)

recovering from registered principal employers contribution in respect of the expenses of this Scheme, wages levy and other contributions under this Scheme;
viii) disbursing of wages and other allowances to registered Security Guards of the Board;

ix) making provision subject to availability of funds for the health and safety measures in places where Security Guards of the Board are employed in so far as such provision does not exist apart from this Scheme;
x) maintaining and administering the Security Guards of the Board welfare fund recovering from all the registered principal employers contribution towards the fund when such fund is constituted in accordance with the rules of the fund;
xi) maintaining and administering provident fund and gratuity fund for registered Security Guards of the Board in the Board pool when such funds are constituted;
xii) making adequate infrastructure to provide for the physical training facilities for the registered Security Guards of the Board;
xiii)

Sanctioning the creation of posts, the maximum salary of which exclusive of allowances is below Rs.5,500 per month and to make appointment to such post.

   
2)

The property, fund and other assets vesting in the Board shall be held and applied by it subject to the provisions and for the purposes of this Scheme.

   
3) The Board shall have and maintain its own fund to which shall be credited,-
 
a) all monies received by the Board from the State Government;
b) all fees, wages and levis received by the Board under this Scheme;
c) all monies received by the Board by way of sale and disposal of properties and other assets;
d) interest on investment in securities and deposits, rents and all monies received by the Board in any other manner or from and other source.
   
4)

All monies forming part of the funds shall be kept in saving account or fixed deposit account with any nationalized bank.  Such accounts shall be operated by such officers of the Board as may be authorized by the Board.

Explanation.- for the purpose of this sub-clause, “nationalized bank” means a bank specified in column 2 of the first scheduled to the Banking companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) and also to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)

   
5) The Board may, with the previous permission of the State Government borrow money from open market or otherwise with a view to provide itself with adequate resources.
   
6)

The Board may, accept deposits on such conditions as it deems fit from persons, authorities or establishments with whom it has to transact any business.

   
7) The Board shall make provision for such reserve and other denominated funds as may be provided in this Scheme.
   
8) The Board shall have the authority to spend such sums as it thinks fit for the purpose authorized under this Scheme from and out of the general fund of the Board or from the reserve and other funds as the case may be.
   
9) The Board shall cause the proper account to be kept of the cost of operating this Scheme and all receipts and expenses under this Scheme.-
   
10) The Board shall submit to the State Government.-
 
a) as soon as may be, after the first day of April, in every year and not later than the 31st day of October, an annual report on the working of the Scheme during the preceding year ending the 31st of March, together with an audited balance-sheet; and
b) copies of proceeding of the meeting of the Board.
   
11) The Board may,-
 
i) fix the number of Security Guards of the Board to be registered under the various categories;
ii) increase or decrease the number of registered Security Guards of the Board in any category on the register from time to time as may be necessary after a periodical review of the register and anticipated requirements;
iii) sanction the temporary registration of a specified number of Security Guards of the Board in any category for specific periods which shall not be more than 5% of the prescribed total registered Security Guards of the Board by following procedure of registration of Security Guards;
iv) device forms; records registers, statements and the like required for administration of the Scheme;
v) determine the wages, allowances and other conditions of service including age of retirement of all the pool;
vi) determine the manner of disbursement of wages and other allowances of all the Security Guards and the Security Guards of the employer agencies registered with the Board. The Payment of all Security Guards shall be made through cheque;
vii) fix the rate of levy under Clause 40
viii) sanction the annual budget;
ix) subject to the provisions of clause 4, appoint a Secretary, the Personnel Officer and other staff of the Board;
x) Make recommendation to the State Government about any modification in the Scheme;
xi) settle disputes between registered principal employers and registered Security Guards of the Board;
xii)

subject to such conditions as it thinks fit, delegate in writing to the Chairman, Secretary or to any other officer of the Board any of its functions under this Scheme;
xiii) to ensure that Employees State Insurance Scheme is made applicable to all the Security Guards.

 



6 Annual Estimate
 

The Chairman shall at a special meeting to be held before the end of February in each year lay before the Board, the annual budget of the Scheme for the year commencing on the first day of April then next ensuing in such details and forms as the Board may from time to time specify. The Board shall consider the estimate so presented to it and shall within four weeks of its presentation sanctions the same either unaltered or subject to such alteration as it may deem fit.

   
7 Responsibilities and duties of Chairman
  Without prejudice to the powers and functions of the Board, the Chairman shall be generally responsible for satisfactory execution of this Scheme and shall have powers to execute the decisions of the Board subject to its directions and particulars,
 
a) to ensure that the decisions of the Board in regard to the adjustment of the registers of Security Guards are carried our expeditiously;
b) to ensure that the sanctions for temporary registration of Security Guards are carried out without delay;
c) to supervise and control the working of this scheme;
d) to take suitable steps, if any irregularities are detected by him or brought to his notice;
e) to regulate the recruitment and entry into, and the discharge from the Scheme of registered Security Guards of the Board and the allotment of registered Security Guards of the Board in the Board pool to the registered principal employers;
f) to ensure that the provisions of this Scheme in regard to transfer and promotion of registered Security Guards of the Board are carried out;
g) to constitute medical boards when required;
h) to ensure that conditions laid down in this scheme for the registration of principal employers are complied with by them;
i) to ensure that all forms, registers, returns and documents, devised by the Board are properly maintained;
j)

to take disciplinary action against registered Security Guards of the Board and registered principal employers in accordance with the provisions of this Scheme;

k) to deal with appeals from the registered Security guards and registered principal employers under clauses 35 and 36;
l) discharge all function relating to disciplinary action against registered principal employers and registered Security Guards of the Board to the extent permitted under clauses 32;
m)

to take suitable steps to give or make available adequate physical training, security training and fire fighting training to the registered Security Guards of the Board;

   
 
 
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