LexThe Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1981: Mah. LVIII] 1
THE MAHARASHTRA PRIVATE SECURITY GUARDS (REGULATION
OF EMPLOYMENT AND WELFARE) ACT, 1981
[Text as on 9th February 2026]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent, commencement and application.
2. Definitions.
3. Scheme for ensuring regular employment of Security Guards.
4. Making, variation and revocation of Scheme.
5. Disputes regarding application of Scheme.
6. Constitution of Board.
7. Power of State Government to appoint Board consisting of one person.
8. Powers and duties of Board.
9. Accounts and audit.
10. Disqualifications and removal.
11. Resignation of office by member.
12. Vacancy to be filled as early as possible.
13. Proceedings presumed to be good and valid.
14. Determination of moneys due from employers, principal employer and Security Guards.
15. Advisory Committees.
16. Inspectors and their powers.
17. Cognizance of offences.
18. Prohibition of employment of children.
19. Application of Workmen’s Compensation Act to Security Guards.
20. Application of Payment of Wages Act to Security Guards.
21. Application of Maternity Benefit Act to women Security Guards.
22. Rights and privileges under other laws not affected in certain cases.
23. Exemptions.
24. Inquiry into working of the Board.
25. Supersession of the Board.
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of Employment and Welfare) Act, 1981
26. Contracting out.
27. General penalty for offences.
27A. Compounding of offences.
28. Protection of action taken under this Act.
29. Power to make rules.
30. Schemes and rules to be laid before State Legislature.
31. Repeal of Mah. Ord. V of 1981 and saving.
1981: Mah. LVIII] The Maharashtra Private Security Guards (Regulation 3
of Employment and Welfare) Act, 1981
LIST OF AMENDMENT ACTS
1. Amended by Mah. 28 of 1996 (29-4-1996)1
2. Amended by Mah. 20 of 2023
3. Amended by Mah. 26 of 2025 (28-4-2025)
1 This Act was deemed to have come into force on the 29th April 1996 by Mah. 28 of 1996, s. 1(2).
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Private Security Guards (Regulation [1981: Mah. LVIII
of Employment and Welfare) Act, 1981
1981: Mah. LVIII] The Maharashtra Private Security Guards (Regulation 5
of Employment and Welfare) Act, 1981
MAHARASHTRA ACT No. LVIII of 19811
[THE MAHARASHTRA PRIVATE SECURITY GUARDS (REGULATION
OF EMPLOYMENT AND WELFARE) ACT, 1981.]
[This Act received the assent of the President on the 24th September 1981; assent was first
published in the Maharashtra Government Gazette, Part IV, Extraordinary,
on the 25th September 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
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, 2Greater 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. Definition.— In this Act, unless the context otherwise requires,—
3[(a) “ 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 ;
1 For Statement of Object and Reasons of the L. A. Bill No. LXXVI of 1981, see Maharashtra Government Gazette, 1981,
Extraordinary, Part V, dated 20th August 1981, at pages 473-474.
2 The name of this City has been restored as “Brihan Mumbai” by Mah. 25 of 1996, s. 3.
3 This clause was substituted for the original by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 2(a). This
Ordinance was promulgated on 9-2-1996 and ceased to operate on 28-4-1996.
6 The Maharashtra Private Security Guards (Regulation [1981: Mah. LVIII
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1[(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 su ch agency or agent, means such
agency or agent ;]
2[(4) ‘‘establishment’’ means an establishment as defined in clause ( 4) of section 2 of the
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service)
Act, 2017 (Mah. LXI of 2017);]
(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 ;
3[(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 ;
4[(10) “Security Guard” or “Private Security Guard” means a person who is engaged
through any agency or agent of Board to do security work or watch and ward work in any factory
or establishment but does not include th e members of any principal employer’s family or any
person who is a direct 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 em ployment 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, me dical 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 5[or the principal employer, as the case may
be] to any pension f und 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.
3. Scheme for ensuring regular employment of Security Guards. — (1) For the purpose of
ensuring an adequate supply and full and proper utilization of Security Guards in factories and
establishments, and generally for making better provision for the terms and conditions of employment
of such workers, the State Government may by means of one or more Schemes provide for the
1 Clauses (3), (8) and (10) were substituted for the original by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 2(b), (c) and (d).
2 Clause (4) was substituted by Mah. 26 of 2025, s. 2.
3 Clauses (3), (8) and (10) were substituted for the original by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 2(b), (c) and (d).
4 Clauses (3), (8) and (10) were substituted for the original by Ma h. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 2(b), (c) and (d).
5 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 2(c).
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of Employment and Welfare) Act, 1981
registration of 1[principal employers], and Security Guards in any factory or establishment and provide
for the terms and conditions of employment of registered Security Guards and make provision for the
general welfare of such Security Guards.
(2) In particular, a Scheme may provide for all or any of the following matters, that is to say,—
(a) for the application of the Scheme to such classes of registered Security Guards and
2[principal employers], as may be specified therein ;
(b) for defining the obligations of registered Secur ity Guards and 3[principal employers]
subject to the fulfilment of which the Scheme may apply to them;
4[(c) for regulating the recruitment and entry into the Scheme of Security Guards and the
registration and cancellation of registration of Security Guar ds and principal employers and
including the maintenance of registers and waiting list of Security Guards, removal or restoration,
either temporarily or permanently, of names from the registers and waiting list and the imposition
of fees for registration;]
(d) for regulating the employment of registered Security Guards and the terms and
conditions of such employment including the rates of wages, hours of work, maternity benefit,
overtime payment, leave with wages, provision for gratuity and conditions as to weekly and other
holidays and pay in respect thereof ;
(e) for providing the time within which registered 5[principal employers] should remit to the
Board the amount of wages payable to the registered Security Guards for the work done by such
workers; for requiring such 6[principal employers] who, in the opinion of the Board, make default in
remitting the amount of wages in time as aforesaid to deposit with the Board, an amount equal to
the monthly average of the wages to be remitted as aforesaid; if at any time the amount of such
deposit falls short of such average, for requiring such 7[principal employers] who, persistently make
default in making such remittances in time, to pay also, by way of penalty, a surcharge of such
amount not exceeding 10 per cent. of the amount to be remitted as the Board may determine ;
(f) for securing that, in respect of a period du ring which employment or full employment is
not available to registered Security Guards, though they are available for work, such Security
Guards shall, subject to the conditions of the Scheme, receive a minimum guaranteed wage ;
(g) for prohibiting, rest ricting or otherwise controlling the employment of Security Guards
to whom the Scheme does not apply, and the employment of Security Guards by 8[principal
employers] to whom the Scheme does not apply ;
(h) for the welfare of registered Security Guards cov ered by the Scheme, in so far as
satisfactory provision therefor does not exist apart from the Scheme ;
(i) for health and safety measures in places where the registered Security Guards are
engaged, in so far as satisfactory provision therefor is required but does not exist, apart from the
Scheme ;
1 These words were substituted for the word “employer” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(a).
2 These words were substituted for the words “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(b).
3 These words were substituted for the words “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(b).
4 This clause was substituted by Mah. 26 of 2025, s. 3.
5 These words were substituted for the words “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(b).
6 These words were substituted for the words “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(b).
7 These words were substituted for the words “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(b).
8 These words were substituted for the words “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(b).
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(j) for the constitution of any fund or funds including provident fund for the benefits of
registered Security Guards, the vesting of such funds, the payment and contributions to be made
to such funds, provisions for provident fund and rates of contribution being made after taking into
consideration the provisions of the Employees’ Provident Funds and Mis cellaneous Pro visions
Act, 1952 (XIX of 1952) , and the Scheme framed thereunder, with suitable modification wh ere
necessary, to suit the conditions of work of such registered Security Guards and all matters
relating thereto ;
(k) for the manner in which, the day from which (either prospective or retrospective) and the
persons by whom, the cost of operating the Scheme is to be defrayed ;
(l) for constituting the persons or authorities who are to be responsible for the administration
of the Scheme, and the administration of funds constituted for the purposes aforesaid ;
(m) for specifying the powers and duties, wh ich the persons or authorities referred to in
clause (l) may exercise or perform, for providing appeals and revision applications against the
decisions or orders of such persons and authorities ; and for deciding such appeals and
applications and for matters incidental thereto ;
(n) for such other incidental and supplementary matters as may be necessary or expedient
for giving effect to the purposes of the Scheme.
1[(3) The Scheme may further provide that,—
(i) a first contravention of any provision thereof shall, on conviction, be punished with fine
which may extend to such amount as may be specified (but in no case exceeding five lakhs
rupees);
(ii) for second or subsequent contravention of any provision thereof shall, on conviction, be
punished wit h fine, which may extend to such amount as may be specified (but in no case
exceeding ten lakhs rupees); and
(iii) if the contravention is continued after conviction, with a further fine which may extend
to five thousand rupees for each day on which the contravention is so continued.]
(4) Notwithstanding anything contained in this Act,—
(a) on and from the 29 th June 1981, in 2Greater Bombay and Thane Districts, no principal
employer or agency or agent shall dismiss, discharge or retrench or otherwise terminate the
appointment of any Security Guard, merely by reason of the employer’s liability to register
himself under a Scheme framed under this section or by reason of any other liability likely to be
cast on him under such Scheme or by reason of the liability of the Security Guard to register
himself under such Scheme, during the period from the said date upto the date the whole Scheme
so framed is applied to such employer and Security Guard or during the period of one year from
the said date, whichever is earlier ; and
(b) on and from the date on which this Act or any provisions thereof are brought into force
in any other area of the State, in that area, no principal employer or agency or agent shall dismiss,
discharge or retrench or otherwise terminate the appointment of any Security Guard, merely for
any of the reasons specified in clause ( a) during the period from the said da te upto the date the
whole Scheme framed under this section is applied to such employer and Security Guard :
Provided that, nothing contained in this sub -section shall affect the right of the 3[principal
employers], agency or agent to dismiss, discharge o r retrench or otherwise terminate the
appointment of any Security Guard as a penalty imposed for disciplinary action taken against
him.
1 This sub-section was substituted by Mah. 20 of 2023, s. 9.
2 The name of this City has been restored as “Brihan Mumbai” vide Mah. 25 of 1996, s. 3.
3 These words were substituted for the word “employees” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(c).
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of Employment and Welfare) Act, 1981
4. Making variation and revocation of Scheme. — (1) The State Government may, after
consultation with the Advisory Comm ittee constituted under section 15, and, subject to the conditions
of previous publication, by notification in the Official Gazette, make one or more Schemes for Security
Guards, class or classes of Security Guards in one or more areas specified in the not ification; and in
like manner add to, amend or vary any Scheme or substitute another Scheme for any Scheme made
by it :
Provided that, no such notification shall come into force, unless a period of one month has
expired from the date of its publication in the Official Gazette.
(2) The provisions of section 24 of the 1Bombay General Clauses Act, 1904 (Bom . I of 1904),
shall apply to the exercise of the powers given by sub -section (1) as they apply to the exercise of the
power given by a Maharashtra Act to make rules subject to the condition of previous publication.
5. Disputes regarding application of Scheme. — If any question arises whether any Scheme
applies to any class of Security Guards or 2[principal employers], the matter shall be referred to the
State Government, and the decision of the State Government on the question, which shall be taken after
consulting the Advisory Committee constituted under section 15, shall be final.
6. Constitut ion of Board. — (1) The State Government may, by notification in the
Official Gazette, establish a Board to be known by such name as may be specified in the notification
for any Security Guards in any area. One or more Boards may be established for one or more classes of
Security Guards or for one or more areas.
(2) Every such Board shall be a body corporate with the name aforesaid, having perpetual
succession and common seal, with power to acquire, hold and dispose of property, and to contract, and
may, by that name, sue or be sued.
(3) The Board shall consist of members nominated, from time to time, by the State Government
representing the 3[principal employers], the Security Guards and the State Government.
(4) The members representing the 4[principal employers] and the Security Guards shall be equal
in number, and the members, representing the State Government shall not exceed one -third of the total
number of members representing 5[principal employers] and Security Guards.
(5) The Chairman of the Board shall be one of the members appointed to represent the State
Government, nominated in this behalf by the State Government.
(6) After nomination of all the members of the Board including the Chairman, the State
Government, shall by notification in the Official Gazette, publish the names of all the members of the
Board.
(7) The term of office of members of the Board shall be such as may be prescribed.
(8) There shall be paid to every member (not being a member representing the State Government)
from the fund of the Board, travelling and daily allowances for attending meetings, of the Board at
such rates as may be prescribed.
(9) The meetings of the Board and procedure to be followed for the purpose and all matters
supplementary or ancillary thereto shall, subject to the approval of the State Government, be regulated
by the Board.
1 The Short title of the Act has been amended as “The Maharashtra General Clauses Act ” by Mah. 24 of 2012, Sections 2
and 3, Schedule, entry 11, w.e.f. 1-5-1960.
2 This words were substituted for the word “employees” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 3(c).
3 These words were substituted for the word “employe rs” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 5.
4 These words were substituted for the word “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 5.
5 These words were substituted for the word “employers” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 5.
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of Employment and Welfare) Act, 1981
7. Power of State Government to appoint Board Consisting of one person. — (1) Where by
reason of the 1[principal employers] or the Security Guards refusing to recommend persons for
representing them on the Board or for any reasons whatsoever it appears to the State Government that
it is unable to constitute a Board for Security Guards in accordance with the provisions of section 6, the
State Government may, by notification in the Official Gazette, appoint a suitable person who shall hold
office until a Board is duly constituted under section 6 for such Security Guards.
(2) The person so appointed shall be deemed to constitute the Board for the time being, and shall
exercise all the powers and perform and discharge all the duties and functions conferred and imposed
upon the Board by or under this Act and the Scheme made thereunder. He shall continue in office until
the day immediately preceding the date of the first meeting of the Board constituted under section 6.
(3) The person constituting the Board shall receive such remuneration, from the fund of the
Board, and the terms and other conditions of his service shall be such as the State Government
may determine.
8. Powers and duties of Board. — (1) The Board shall b e responsible for administering every
Scheme and shall exercise such powers and perform and discharge such duties and functions as may be
conferred on it by the Scheme.
(2) The Board may take such measures as it may deem fit for administering the Scheme.
(3) The Board shall submit to the State Government, as soon as may be, after the 1 st day of April
every year, and not later than the 31 st day of October an annual report on the working of the Scheme
during the preceding year ending on the 31 st day of March of that year. Every report so received shall
be laid, as soon as may be after it is received, before each House of the State Legislature if it is in
session, or in the session immediately following the date of receipt of the report.
(4) In exercise of the powers and performance and discharge of its duties and functions, the Board
shall be bound by such directions as the State Government may, for reasons to be stated in writing,
give to it, from time to time.
9. Accounts and audit. — (1) The B oard shall maintain proper accounts and other relevant
record and prepare an annual statement of accounts including a balance sheet in such form as may be
prescribed.
(2) The accounts of the Board shall be audited annually by such qualified persons as the State
Government may appoint in this behalf.
(3) The auditor shall at all reasonable times have access to the books of accounts and other
documents of the Board, and may for the purposes of the audit, call for such explanation and
information as he may require or examine any member or officer of the Board.
(4) The accounts of the Board certified by the auditor, together with the audited report thereon,
shall be forwarded annually to the State Government before such date as the State Government may
specify in this behalf.
(5) The Board shall comply with such directions as the State Government may, after perusal of
the report of the auditor, think fit to issue.
(6) The cost of audit, as determined by the State Government, shall be paid out of the funds of
the Board.
10. Disqualification and removal. — (1) No person shall be chosen as, or continue to be
member of the Board who,—
(a) is a salaried officer of the Board ; or
1 These words were substituted for the word “employees” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 6.
1981: Mah. LVIII] The Maharashtra Private Security Guards (Regulation 11
of Employment and Welfare) Act, 1981
(b) is an undischarged insolvent ; or
(c) is found to be a lunatic or becomes of unsound mind ; or
(d) is or has been convicted of any offence involving moral turpitude, unless a period of five
years has elapsed since the date of his conviction.
(2) The State Government may remove from office any member, who—
(a) is or has become subject to any of the disqualifications mentioned in sub-section (1) ; or
(b) is absent without leave of the Board for more than three consecutive meetings of
the Board.
11. Resignation of office by member. — Any member of the Board may at any time resign his
office by writing under his hand addressed to the State Government, and his office shall, on acceptance
of resignation, become vacant.
12. Vacancy to be filled as early as possible. — In the event of any vacancy occurring on
account of death, resignation, disqualification or removal or otherwise, the Board shall forthwith
communicate the occurrence to the State Government, and the vacancy shall be filled, as far as possible
within ninety days from the dat e of the occurrence of the vacancy, and the person nominated to fill in
the vacancy shall hold office so long only as the member in whose place he is nominated would have
held it if the vacancy had not occurred :
Provided that, during any such vacancy, th e continuing members may act as if no vacancy
has occurred.
13. Proceedings presumed to be good and valid. — No act or proceeding of the Board shall be
questioned or invalidated merely by reason of any vacancy in its membership or by reason of any
defect in the constitution thereof.
14. Determination of moneys due from employers, 1[principal employers] and Security
Guard.— (1) The Board or such officer as may be specified by it in this behalf may by order,
determine any sum due from any employer, 2[principal employer] or Security Guard under this Act or
any Scheme made thereunder, and for this purpose may conduct such inquiry as the Board or such
officer may think to be necessary.
(2) The Board or such officer conducting the inquiry under sub -section (1) shall, for the purposes
of such inquiry, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908
(V of 1908), for trying a suit in respect of the following matters, namely :—
(a) enforcing the attendance of any person or examining him on oath ;
(b) requiring the discovery and production of documents ;
(c) receiving evidence on affidavit ;
(d) issuing commissions for the examination of witnesses; and
any such inquiry shall be deemed to be a judicial proceeding within the meaning of sections 193 and
228, and for the purpose of section 196, of the Indian Penal Code (XLV of 1860).
(3) No order determining the sum due from any employer, 3[principal employer] or Security
Guard shall be made under sub -section ( 1), unless t he employer, 4[principal employer] or Security
Guard, as the case may be, is given a reasonable opportunity of representing his case.
(4) An order made under this section shall be final and shall not be questioned in any Court.
1 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 7.
2 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 7.
3 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 7.
4 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 7.
12 The Maharashtra Private Security Guards (Regulation [1981: Mah. LVIII
of Employment and Welfare) Act, 1981
(5) Any sum determined under this section may, if such sum is in arrears, be recovered as an
arrear of land revenue.
15. Advisory Committee. — (1) The State Government may constitute an Advisory Committee
to advise it upon such matters arising out of the ad ministration of this Act or any Scheme made under
this Act or relating to the application of the provisions of this Act to any particular class of Security
Guards and 1[principal employer] as the Advisory Committee may itself consider to be necessary or as
the State Government may refer to it for advice.
2[(1A) Notwithstanding anything contained in this Act, if the Advisory Committee is not
functional for any reason, then the State Government may issue notification or take decision for
implementation of the provisions of this Act without advise or consultation of the Advisory
Committee.]
(2) The members of the Advisory Committee shall be appointed by the State Government and
shall be of such number and chosen in such manner as may be prescribed :
Provided that, the Advisory Committee shall include an equal number of members representing
the 3[principal employers], the Security Guards and the Legislature of the State and the members
representing the State Government shall not exceed one-fourth of its total number of members.
(3) The Chairman of the Advisory Committee shall be one of the members, appointed to represent
the State Government, nominated in this behalf by the State Government.
(4) The State Government shall publish in the Official Gazette the names of the members of the
Advisory Committee.
(5) The meeting of the Advisory Committee and procedure to be followed for the purpose shall be
regulated according to the rules made under this Act.
4[(6)(a) The term of office of members of the Advisory Committee, other than the members
representing the State Government, shall be five years from the date of publication of notification of
their names in the Official Gazette . Such members shall hold office dur ing the pleasure of the
Government.
(b) The State Government shall fill the vacancy of members other than the members representing
the State Government at the earliest and in any case before expiry of six months from the date of
occurrence of such vacancy.]
(7) A member of the Advisory Committee (not being a member representing the State
Government) shall receive travelling and daily allowances for attending meetings of the Committee at
such rates as may be prescribed.
16. Inspectors and their powers. — (1) The Board may appoint such persons as it thinks fit to
be Inspectors possessing the prescribed qualifications for the purposes of this Act or of any Scheme
and may define the limits of their jurisdiction.
(2) Subject to any rules made by the State Government in this behalf, an Inspector may—
(a) enter and search at all reasonable hours, with such assistants as he thinks fit, any
premises or place, where Security Guards are employed, or work is given out to Security Guards
in any factory or establishme nt, for the purpose of examining any register, record of wages or
notices required to be kept or exhibited under any Scheme, and require the production thereof, for
inspection ;
1 These words were substituted for the word “employer” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 8(a).
2 Sub-section (1A) was inserted by Mah. 26 of 2025, s. 4(1).
3 These words were substituted for the word “employer” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 8(b).
4 Sub-section (6) was substituted by Mah. 26 of 2025, s. 4(2).
1981: Mah. LVIII] The Maharashtra Private Security Guards (Regulation 13
of Employment and Welfare) Act, 1981
(b) examine any person whom he finds in any such premises or place and who, h e has
reasonable cause to believe, is a Security Guard employed therein or a Security Guard to whom
work is given out therein ;
(c) require any person giving any work to a Security Guard or to a group of Security Guards
to give any information, which is in his power to give, in respect of the names and addresses of
the persons to whom the work is given, and in respect of payments mad e, or to be made, for the
said work ;
(d) seize or take copies of such registers, records of wages or notices or portions thereof, as
he may consider relevant, in respect of an offence under this Act or any Scheme, which he has
reason to believe has been committed by an employer, 1[principal employer] ; and
(e) exercise such other powers as may be prescribed :
Provided that, no one shall be required under the provisions of this section to answer any
question or make any statement tending to incriminate himself.
(3) Every Inspector appointed under this section shall be deemed to be a public servant within the
meaning of section 21 of the Indian Penal Code (XLV of 1860).
17. Cognizance of offences. — (1) No Court shall take cognizance of any offence made
punishable by a Scheme or of any abetment thereof, except on a complaint in writing made by an
Inspector or by a person specially authorised in this behalf by the Board or the State Government.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence made punishable by a Scheme or an abetment thereof shall be triable only by a Metropolitan
Magistrate or a Magistrate of the first class.
18. Prohibition of employment of children.— No child shall be required or allowed to work as
a Security Guard.
Explanation.— “Child” means a person who has not completed 2[eighteen] years of age.
19. Application of Work men’s Compensation Act to Se curity Guards.— The provisions of
the Workmen’s Compensation Act, 1923, and the rules made thereunder, shall mutatis mutandis apply
to the registered Security Guards employed in any factory or establishment ; and for that purpose they
shall be deemed to be workmen within the meaning of that Act ; and in relation to such workmen,
employer shall mean where a Board makes payment of wages to any such workmen, the Board, and in
any other case, the 3[principal employer] as defined in this Act.
20. Application of Payment of Wa ges Act to Security Guard s.— (1) Notwithstanding
anything contained in the Payment of Wages Act, 1936 (IV of 1936) (hereinafter referred to in this
section as “the said Act”), the State Government may, by notification in the Official Gazette, direct that
all or any of the provisions of the said Act and the rules made thereunder shall apply to all or any class
of registered Security Guards employed in any factory or establishment, with the modification that, in
relation to registered Security Guards, employe r shall mean, where Board makes payment of wage s to
any such Guards, the Board; and in any other case, the 4[principal employer] as defined in this Act; and
on such application of the provisions of the said Act, an Inspector appointed under this Act shall be
deemed to be the Inspector for the purpose of the enforcement of such provisions of the said Act within
the local limits of his jurisdiction.
1 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 9.
2 The word “fourteen” was substituted by Mah. 26 of 2025, s. 5.
3 These words were substituted for the word “employer” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 10.
4 These words were substituted for the word “employer” by Mah. Ord. 4 of 1996 and s ubsequently by Mah. 28 of 1996,
s. 11.
14 The Maharashtra Private Security Guards (Regulation [1981: Mah. LVIII
of Employment and Welfare) Act, 1981
(2) The State Government may, only if the Advisory Committee so advises, by a like notification,
cancel or vary any notification issued under sub-section (1).
21. Application of Maternity Benefit Act to women Security Guards. — Notwithstanding
anything contain ed in the Maternity Benefit Act, 1961 (53 of 1961) (hereinafter referred to in this
section as “the said Act”), the State Government may, by notification in the Official Gazette, direct that
all or any of the provisions of the said Act and the rules made t hereunder shall apply to registered
Women Security Guards employed in any factory or establishment ; and for the purpose, they shall be
deemed to be women within the meaning of the said Act ; and in relation to such women, employer
shall mean, where a Boar d makes payment of wages to such women, the Board, and in any other case
1[principal employer] as defined in this Act ; and on such application of the provisions of the said Act,
an Inspector appointed under this Act shall be deemed to be the Inspector for the purpose of
enforcement of such provisions of the said Act within the local limits of his jurisdiction.
22. Rights and privileges under other laws not affected in certain cases.— Nothing contained
in this Act shall affect any rights or privileges, wh ich any registered Security Guard employed in any
factory or establishment is entitled to, on the date on which this Act comes into force, under any other
law, contract, custom or usage applicable to such Security Guard, if such rights or privileges are mo re
favourable to him than those to which he would be entitled under this Act and the Scheme :
Provided that, such Security Guard shall not be entitled to receive any corresponding benefit
under the provisions of this Act and the Scheme.
23. Exemptions. — The State Government may, after consulting the Advisory Committee, by
notification in the Official Gazette , and subject to such conditions and for such period as may be
specified in the notification, exempt from the operation of all or any of the provisions of this Act or any
Scheme made thereunder, all or any class or classes of Security Guards employed 2[by the agency or
agent as may be specified in the notification and deployed] in any factory or establishment or in any
class or classes of factories or establishment, if in the opinion of the State Government, all such
Security Guards or such class or classes of Security Guards are in the enjoyment of benefits, which are
on the whole not less favourable to such Security Guards than the benefits provided b y or under this
Act or any Scheme made thereunder :
3* * * * *
4[Provided that], the State Government may, by notification in the Official Gazette, at any time,
for reasons to be specified, rescind the aforesaid notification.
24. Inquiry into working of the Board. — (1) The State Government may, at any time, appoint
any person to investigate or inquire into the working of any Board of Scheme and submit a report to the
State Government in that behalf.
(2) The Board shall give to the person so appointed all facilities for the proper conduct of the
investigation or inquiry, and furnish to him such documents, accounts or information in possession of
the Board as he may require.
(3) Any person so appointed to investigate or inquire into the working of any Board or Scheme
may exercise all the powers of an Inspector appointed under this Act.
25. Supersession of the Board. — (1) If the State Government, on consideration of the report
referred to in sub-section (1) of section 24 or otherwise, is of the opinion—
1 These words were substituted for the word “employer” by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996,
s. 12.
2 These words were inserted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 13(a).
3 The first proviso was deleted by Mah. Ord. 4 of 1996 and subsequently by Mah. 28 of 1996, s. 13(b).
4 These words were substituted for the words “Provided further that ” by Mah. Ord. 4 of 1996 and subsequently
by Mah. 28 of 1996, s. 13(c).
1981: Mah. LVIII] The Maharashtra Private Security Guards (Regulation 15
of Employment and Welfare) Act, 1981
(a) that the Board is unable to perform and discharge its duties and functions ; or
(b) that the Board has persistently made default in the performance and discharge of its
duties and functions or has exceeded or abused its powers,
the State Government may, by notification in the Official Gazette, supersede the Board and reconstitute
it in the prescribed manner, within a period of twelve months from the date of supersession. The period
of supersession may be extended by the State Gov ernment for sufficient reasons by a like notification
by not more than six months :
Provided that, before issuing a notification under this sub -section on any of the grounds
mentioned in clause (b), the State Government shall give a reasonable opportunity to the Board to show
cause why it should not be superseded, and shall consider the explanations and objections, if any, of
the Board.
(2) After the supersession of the Board and until it is reconstituted, the powers, duties and
functions of the Board under this Act and any Scheme shall be exercised, performed and discharged by
the State Government, or by such officer or officers as the State Government may appoint for this
purpose.
(3) When the Board is superseded, the following consequences shall ensue, that is to say :—
(a) all the members of the Board shall, as from the date of publication of the notification
under sub-section (1), vacate their office ;
(b) all the powers, duties and functions, which may be exercised, performed or discharged
by the Board shall, during the period of supersession, be exercised, performed or discharged by
such persons as may be specified in the notification ;
(c) all funds and other property vesting in the Board shall, during the period of supersession,
vest in the State Government ; and on the reconstitution of the Board, such funds and property
shall revest in the Board.
26. Contracting out. — Any contract or agreement, whe ther made before or after the
commencement of this Act, whereby a registered Security Guard relinquishes any right conferred by,
or any privilege or concession accruing to him under this Act or any Scheme, shall be void and of no
effect, in so far as it purports to deprive him of such right or privilege or concession.
27. General penalty for offenceExcerpt shown. Open the full act in Lexace.