Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981
No: 58 Dated: Sep, 25 1981
MAHARASHTRA PRIVATE SECURITY GUARDS (REGULATION OF EMPLOYMENT AND WELFARE) ACT, 1981
ACT No. LVIII of 1981
An Act for regulating the employment of Private Security Guards employed in factories and establishments 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 therefor, 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 establishments 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 therefor, and for matters connected therewith, and, therefore, promulgated the Maharashra Private Security Guards (Regulation of Employment and Welfare) Ordinance, 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 undertakes to execute any security work or watch and ward work for any factory or establishment by engaging such Security Guard on hire or otherwise, or who supplies such Security Guards either in groups or as an individual, and includes a sub-agency or a sub-agent;
(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 engaged by or through an agency or agent, means the principal employer, and in relation to any other Security Guard, 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 an Agent, Manager or by any other name prevailing in the factory or establishment;
(4) "establishment" means an establishment as defined in clause (8) of section 2 of the Bombay Shops and Establishments Act, 1948;
(5) "factory" means a factory as defined in clause (m) of section 2 of the Factories Act, 1948;
(6) "Inspector" means an Inspector appointed under section 16;
(7) "prescribed" means prescribed by rules made under this Act;
(8) "principal employer" means an employer who has engaged Security Guards through an agency or agent;
(9) "Scheme" means a Scheme made under this Act;
(10) "Security Guard" or "private Security Guard" means a person who is engaged or is to be engaged through any agency or an agent, whether for wages or not, to do security work or watch and ward work in any factory or establishment and, includes any person, not employed by any employer or agency or agent, but working with permission of, or under an agreement with, the employer or agency or agent, but does not include the members of any employer's family or any person who is a direct and regular employee of the principal employer;
(11) "wages" means all remunerations 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 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.