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The Maharashtra Private Security Guards Rules   
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Scheme
 
Act & Scheme Index
Pages: 1 | 2 | 3 | 4
 
27 Obligations of principal employers of the employer agencies
 
1) Every Principal employer of the employer agency shall accept the obligations under the scheme.
2) The principal employer of employer agency shall submit all information regarding employment of Security Guards through employer agency, to the Board.  In case the employer agency fails to comply with any of the directions of the Board, then the ultimate liability to comply with such directions shall lie on the registered principal employer in whose establishment or factory such Security Guards supplied by the such defaulting employer agency are deployed.
   
28

Restriction on employment

 
1 Every registered principal employer may either engage for employment Security Guards registered with the Board or the Security Guards of the employer agency registered with the Board or may employ any person who is a direct employee of such employer.
2 Notwithstanding the provisions of sub-clause
 
a) where the Secretary is satisfied that
 
(i) the work is emergently required to be done; and
(ii)

it is not reasonably practicable to obtain registered Security Guard of the Board for that work; the Secretary may, subject to any limitation imposed by the Board, allow a registered principal employer to employ a Security Guard who is not a Registered Security Guard of the Board:

Provided that, whenever unregistered Security Guards have to be employed, the Secretary shall obtain, if possible, the prior approval of the chairman to the employment of such Security Guards and where this is not possible, shall report to the Chairman, with 24 hours, the full circumstances under which such Security Guards were employed and the Chairman shall duly inform the Board and State Advisory committee of such employment in its next meeting;

b) the Board may, subject of such conditions as it may specify, permit employment of Unregistered Security Guards on a holiday, if wok is required to be done on that day, to the extent registered Security Guards of the Board are not available for work;
c)

in the cases referred to in items (a) and (b), the persons so employed as aforesaid by a registered principal employer shall, for the purpose of sub-clauses (4), (5) and (6) of clause 25 and of clause 30, be treated in respect of that work, as if he was a registered Security Guards of the Board.

(3) A registered Security Guard of the Board in the Board pool may, provided he fulfills fully his obligations under clause 24, take up employment elsewhere on those days on which he is not allotted work by the Board.

2 Registration of employer agency
 

Every employer agency which has directly employed private Security Guards or class or classes of Security Guards for deployment to various establishments and 3[factories] to whose security guards, the State Government has granted exemption, from operation of all or any of the provisions of the Act or Scheme by issuing notification under section 23 of the Act, shall get itself registered with the Board within 15 days from the date of publication of the exemption notification by applying in the form devised by the Board, along with the number of Security Guards on its rolls.

3 Notwithstanding anything contained in sub-clause (2)
 

Directorate General Resettlement, Government of India, Ministry of Defense, New Delhi, recognized sponsored employer agencies which employ only ex-service man as Security Guards, shall register with the Board with Police verification certificate of the Security Guards enrolled with them for exemption.

   
29 Circumstances in which the Scheme cease to apply
 
1 This Scheme shall ceases to apply to a registered Security Guards of the Board and Security Guards of the employer agency with the Board when his name has been removed from the register or record in accordance with the provisions of this Scheme.
2

Nothing in this clause shall affect any obligation incurred or right accrued during any time when a person was a registered Security Guards of the Board and the Security Guards of the employer agency registered with the Board.

   
30

Wages allowances and other conditions of service of security Guards of the Board

 
1 Without prejudice to the provisions of any award, it shall be unless otherwise specifically provided for in this Scheme, an implied condition of the contract between a registered principal employer that the rates allowance and overtime, hours of work rest intervals, leave with wages and other conditions of service including supply of uniforms, boots, torches, batteries,. Etc. necessary for the proper and efficient execution of their duties, shall subject to the provisions of sub-clauses (2), (3), (4), (5) and (6) of this clause, be such as may be fixed by the Board for each category of registered Security Guards of the Board.
2 For the purpose of fixing rates of wages, allowances and overtime, house of work, rest intervals leave with wages and other conditions of service (hereinafter collectively referred to as “the conditions of service”) for the registered Security Guards of the Board or for revising or modifying the same, the Board shall call upon the Associations of principal employers and Associations or Trade Unions of Security Guards covered by this Scheme to make such representations as they may think fit, as respect the conditions of service which may be fixed or revised or modified under this Scheme in respect of registered Security Guards of the Board, if there is no such Association of principal Employers and Association or Unions of Security Guards then such representations from registered principal employers and Security Guards of the Board may be invited on a notice published in such manner as the Board may think it.
3 Every such representation shall be in writing and shall be made within such period as the Board may specify and shall state the conditions of service which in the opinion of the person making the representation would be reasonable having regard to the capacity of the principal employers to pay the same or comply with or to any other circumstances which may seem relevant to the person making the representation.
4 The Board shall take into account the representations aforesaid, if any, and after examining all the material placed before it, shall fix or revise or, as the case may be, modify the relevant conditions of service of registered Security Guards of the Board.
5 In fixing revising or, as the case may be modifying the conditions of service of the registered Security Guards of the Board, the Board shall have regard to the cost of living, the prevalent conditions of service in comparable employment in the local area, the capacity of the registered principal employers to pay and pay other circumstances which may seem relevant to the Board.
6 The Conditions of service fixed, revised or as the case may be modified by the Board shall take effect prospectively or retrospectively from such date as the Board may decide.  The decision of the Board shall be communicated to the registered Security Guards and the registered principal employers in such manner as the Board thinks fit.
   
31 Disbursement of wages and other allowances to registered Security Guards of the Board
 

The wage and other allowances payable to the registered Security Guards of the Board every month by the registered principal employer shall be remitted by the registered principal employers by cheque to Secretary, of the Board, within such time after the end of the month, as may be specified by the Board.  The Secretary thereupon shall arrange to disburse the wages and other dues, if any to the registered Security Guards of the Board on specified days every month subject to deductions, if any, recoverable from them under the Scheme;

Provided that the Board may, if it thinks fit, and subject to such conditions as may be laid down by it, allow a registered principal employer to pay directly to the Security Guards the wages and other allowances after making such deductions as may be authorized and recoverable from them under the Scheme, within such time and in such manner as may be specified by the Board.

   
32 Disciplinary Procedure
 
1) (i) On receipt of the information, whether on a complaint or otherwise, that a registered principal employer has failed to carry out the provisions of the Scheme the Personnel Officer shall investigate the matter and on being satisfied in that behalf give him a warning in writing, or
  ii) Where in his opinion, a higher penalty is merited, the Personnel Officer shall report the case to the Chairman who may then cause such further investigation to be made as he may deem fit and censure registered principal employer and record the censure in his record sheet.
2)

A registered Security Guards of the Board in the Board pool who fails to comply with any of the provisions of this Scheme or commits any act of indiscipline or misconduct may be reported in writing to the Personnel Officer who may after investigating the matter, impose any of the following penalties namely:-

  a) Give him a warning in writing;
  b) Transfer him within 24 hours;
  c) Suspend him for a period for not exceeding four days;
  d) Deduct wages equivalent to four days wages (Basic + Dearness Allowance
  e) Withdraw him for a period not exceeding 15 days and place him on the waiting pool of the Board.
3)

Where in the opinion of the Personnel Officer, a higher punishment than that provided in sub-clause (2) is merited he shall report the case to the Chairman.

4) On receipt of the written report from the Personnel Officer under sub-clause (3) or from employer or any other person that a registered Security Guard in the pool has failed to comply with any of the provisions of this Scheme or has committed an act of indiscipline or misconduct or has been inefficient in any other manner, the Chairman may make or cause to be made such further investigation as he may deem fit and thereafter take any of the following steps as regards the Security Guard concerned, that is to say, he may impose any of the following penalties:-
  a) Suspended him for a period for not exceeding fifteen days;
  b) Deduct wages equivalent to fifteen days wages;
  c) Withdraw him for a period not exceeding 3 months and place him on the waiting pool of the Board;
  d) Terminate his services after giving him one month’s notice or one month’s wages, inclusive of Dearness Allowance, in lieu thereof, or;
  e)

Dismiss him; or dismiss him and prosecute him.

5) Before any action is taken under this clause the person concerned shall be given an opportunity to show cause why the proposed action should not be taken against him.
6)

During the tendency of investigations under sub-clauses (2) and (4) above, the registered Security Guards of the Board concerned may be suspended by the Chairman.

 

 

33 Termination of employment
 
1) The employment of registered Security Guards of the Board in the Board pool shall not be terminated except in accordance with the provisions of this Scheme.
2) A registered Security Guard of the Board in the Board pool shall not leave his employment in the pool with the Board except by giving fourteen days’ notice in writing to the Board or forfeiting fourteen day’s wages inclusive of dearness allowance in lieu thereof.
3) The Personnel Officer shall on a complaint received from the registered Principal employer that a registered Security Guard of the Board employed by such employer, is physically or mentally unfit as a Security Guard, on being satisfied about the genuineness of the complaint,. and send such Security Guard for medical examination to the Medical Officer of the Government Hospital and on receipt of the medical report, the Personnel Officer shall forward the cases to the Board for taking appropriate action in the matter.
4) When the employment of a registered Security Guard of the Board in the Board pool with the Board has been terminated, under sub-clauses (1) and (2), his name shall forthwith be removed from the register or record by the Board.
 

 

34 Deletion of names of Security Guards of Employer agency registered with
the Board
  The employer agency shall intimate the names of the terminated Security Guards within seven days of such termination with reasons, to the Board and the nearest police station.
   
35 Appeals by registered Security Guards of the Board
 
1) Save as otherwise provided in this clause, a registered Security Guards of the Board in the Board pool who is aggrieved by an order passed by an authority under clause 32 may prefer an appeal against the order of the Personnel Officer to the Chairman and against the order of the Chairman to the State Government.
2)

A registered Security Guard of the Board who is aggrieved by an order of the Secretary,-

  i) placing him in particular category; or
  ii) refusing registration under clause 14; or
  iii) requiring him under clause 24 (4) to undertake any work which is not of the same category to which he belongs may prefer an appeal to the Chairman.
3) Any registered Security Guard of the Guard who is aggrieved by an order under clause 15 may prefer an appeal to the Chairman.
4)

No appeal shall lie where due notice has been given of the removal of the name of a registered Security Guards of the Board from the register or record in accordance with the instructions of the Board if the ground of removal in that the registered Security Guard of the Board falls within a class of description of registered Security Guard of the Board whose names are to be removed from the register or record in order to reduce the size thereof;

Provided that an appeal shall lie to the Chairman Where the registered Security Guards of the Board alleges that he does not belong to the class description of registered Security Guards of the Board referred to in the instruction of the Board.

5)

Every appeal referred to in sub-clauses (1), (3) or (4) shall be in writing and preferred within fourteen days of the date of receipt of the order appealed against :
Provided that the Appellate Authority may, for reasons to be recorded, admit an appeal preferred after the expiry of fourteen days.

   
36 Appeals by registered principal employers
 
1) A registered principal employer who is aggrieved by an order of the Personnel Officer under clause 32 may appeal to the Chairman.
2)

Every appeal referred to in sub-clause (1) shall be in writing the preferred within fourteen days of the receipt of the order appealed against:

Provided that the Appellate Authority may, for reasons to be recorded, admit an appeal preferred after the expiry of fourteen days.

 

 

37 Powers of revision of the Chairman
 

Notwithstanding anything contained in this Scheme, the Chairman in case of an order passed by the Personnel Officer under clause 32 may at any time call for the record of any proceeding in which the personnel officer has passed the order for the purpose of satisfying himself as to the legality or propriety thereof and may pass such order in relation thereto as he may think fit;

   
38 Settlement of disputes
 

Whenever Board desires that any dispute raised by the registered principal employer or employer agency or the Board or the registered Security Guards shall be heard by a panel of officers under the chairmanship of Security to the Governments of Maharashtra.

   
39 Stay of order in case of certain appeals
  Where an appeals is made by a registered Security Guards of the Board in accordance with the provisions of clause 35 against an order of termination of service on one month’s notice the Appellate Authority may suspend the operation of the order appealed from pending the hearing and disposal of the appeal.
   
40 Cost of operating the Scheme and provision for amenities and benefits to
the registered Security Guards of the Board
 
1)

The cost of operating this Scheme and for providing different benefits, facilities and amenities to the registered Security Guards of the board as provided in the Act and under this Scheme, shall be defrayed by payment made by the registered principal employers to the Board. Every registered principal employer shall pay to the Board such amount by way of levy in respect of registered Security Guards of the Board allotted to and engaged by him as the Board may, from time to time, specify by public notice or written order to the registered principal employers and in such manner and at such time as the Board may direct.

The Board may require the registered principal employers to pay the levy retrospectively or prospectively as it may deem fit.

2) As 1[Principal] employer to whom this Scheme applies shall pay the levy as specified by the Board, from time to time, from the date from which the Scheme applies to him irrespective whether he gets himself registered within the time limit laid down in clause 13 of this Scheme or any time thereafter.
3) In determining what payments are to be made by the registered principal employers under sub-clause (1), the Board may fix different rates of levy for different categories of registered Security Guards of the Board provided that, the levy shall be special that the same rate of levy will apply to all registered principal employers who are in like circumstances.
4) The Board shall not sanction any levy exceeding fifty per cent of the total wage bill without the prior approval of the State Government.
5) A registered principal employer shall on demand make a payment to the Board by way of deposit or provide such other security for the due payment of the amount referred to in sub-clause (1) as the Board may consider necessary.
6) The Secretary shall furnish, from time to time, to the Board such statistics and other information as may reasonably be required in connection with the operation and financing of this Scheme.
7)

If a registered principal employer fails to make the payment due from him under sub-clause (1) within the time specified by the Board the Secretary shall serve a notice on the principal employer to the effect that unless he pays his dues within three days from the date of receipt of the notice, the supply of registered Security Guards of the Board to him shall be suspended. On the expiry of the notice period the Secretary shall suspend the supply of registered Security Guards of the Board to a defaulting principal employers until he pays his dues.

   
41 Provident fund and Gratuity
 
1)

The Board shall frame and operate rules providing for Contributory Provident Funds, for registered Security Guards of the Board. The rules shall provide for the rate of contribution, the manner and method of payment and such other matters as may considered necessary so however, that the rate of contribution is not less than the rate specified under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (XIX of 1952):

Provided that, pending the framing of the rules, it shall be lawful for the Board to fix the rate of contribution and the manner and method of payment thereof.

2) In framing rules for the contributory Provident Fund, the Board shall take into consideration the provisions of the Employees Provident funds and Miscellaneous Provisions Act, 1952 (XIX of 1952), as amended from time to time and the Scheme made thereunder for any establishment.
3) The Board shall frame rules for payment of gratuity to registered Security Guards of the Board.
4) In framing rules for the payment of gratuity to registered Security Guards of the Board shall take into consideration the provisions of the Payment of Gratuity Act, 1972 (XXXIX of 1972), as amended from time to time.
5) The rules for Provident Fund and Gratuity framed by the Board shall be subject to the previous approval of the State Government.
   
42 Penalties
 
1) Whoever contravenes the provisions of clause 13, 24(7), 25, 26, 27 or 28 shall on conviction be punished with imprisonment for a term of three         months or with fine which may extend to rupees five hundred or with both, where such contravention is a first contravention; and with imprisonment for a term of six months or with fine which may extend to rupees one thousand or with both, where such contravention is nay subsequent contravention.  If the contravention is continued further after conviction he shall be punished with a further fine which may extend to one hundred rupees for each day on which the contravention is so continued.
2)

Where an offence under the Act and the Scheme made thereunder has been committed by the employer agency and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part, of the proprietor, Partner, Director, Manager, Secretary or other Officer of the employer agency, such Proprietor, Manager, Secretary, partner, Director or any Officer shall also deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

   
43 Repeal and Saving
 

The Private Security Guards (Regulation of Employment and Welfare) Scheme, 1981 is hereby repealed. Provided that anything done or any action taken under any provision of the Scheme so repealed shall in so far as it is not inconsistent with the provisions of this Scheme, be deemed to have been done or taken under the corresponding provisions of the Scheme.

   
 
SCHEDULE
1 Brihan Mumbai
2 Thane District
 

By order and in the name of the Governor of Maharashtra

 

NOTIFICATION
MAHARASHTRA PRIVATE SECURITY GUARDS
(REGULATION OF EMPLOYMENT AND WELFARE) ACT, 1981

December 5.2002

No.SGA.1595/(2854)Lab-5.- In exercise of power conferred by sub-section (3) of Section 1 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (Mah.LVIII of 1981) (hereinafter referred to as the “said act”), the Government of Maharashtra, hereby appoints the 5th day of December 2002, to be the date on which all the provisions of the said Act shall come into force in the areas of Nagpur, Aurangabad, Pune, Nashik and Raigad Distrits.

By order and in the name of the Governor of Maharashtra,

 

S.C.Tadvi,
Desk Officer.

 
 
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