LexThe Maharashtra State Security Corporation Act, 2010.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2010 : Mah. VI] 1
THE MAHARASHTRA STATE SECURITY
CORPORATION ACT, 2010
[Text as on 11th November 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, extent and commencement.
2. Definitions.
3. Constitution of Corporation.
4. Constitution of Security Force.
5. Powers of Managing Director and Directors of Board.
6. Appointment of members of Security Force.
7. Certificate of members of Security Force.
8. Training of Security Force.
9. Constitution of Board.
10. Duties of Corporation.
11. Duties of member of Security Force.
12. Discharge of functions by Corporation.
13. Functions of Managing Director.
14. Functions of Board.
15. Providing Security.
16. Power to arrest without warrant.
17. Officer and member to be public servants.
18. Member of Security Force deemed to be Special Police Officers.
19. Surrender of certificate, arms, etc., by person ceasing to be member of Security Force.
20. Protection of acts of officers and members of Corporation.
21. Application of Acts.
2 The Maharashtra State Security Corporation Act, 2010 [2010 : Mah. VI
22. Power to make rules.
23. Absorption of certain security guards.
24. Restrictions on appointment of members of Security Force.
25. Power to remove difficulty.
26. Repeal of Mah. Ord. IV of 2010 and saving.
2010 : Mah. VI] The Maharashtra State Security Corporation Act, 2010 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 32 of 2012 1(24-12-2018)
1 Section 5 of Mah. 32 of 2012, reads as under :—
“5. Validation of appointment of Director General and Inspector General as Managing Director and action
taken by him. — Notwithstanding anything contained in the principal Act, the appointment of Director-General and
Inspector-General as the Managing Director of the Corporation made by the State Government on the 23 rd August 2012
and any power exercised or function discharged by such Managing Director during the period from the 23 rd August 2012
till the commencement of the Maharashtra State Security Corporation (Amendment) Act, 2012 (Mah. XXXII of 2012) ,
shall be and shall always be deemed to have been validly made, exercised or discharged, as if the provisions of the
principal Act, as amended by the said Act had been in force at all material times ; and no such appointment or exercise of
powers or discharge of functions shall be or shall be deemed to be invalid or shall be called in question in any court or
before any authority merely on the ground that the State Government had no power to make the appointment or that any
power exercised or function discharged by the Managing Director under the provisions of the principal Act was without
authority of law.”.
Note :- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra State Security Corporation Act, 2010 [2010 : Mah. VI
2010 : Mah. VI] The Maharashtra State Security Corporation Act, 2010 5
MAHARASHTRA ACT No. VI OF 20101
[THE MAHARASHTRA STATE SECURITY CORPORATION ACT, 2010.]
[This Act received the assent of the Governor on the 18th April 2010 ; assent was first published in the
Maharashtra Government Gazette, Extraordinary, Part IV, on the 19th April 2010.]
An Act to provide for the establishment and regulation of the Maharashtra State
Security Corporation in the State of Maharashtra and for matters connected therewith
or incidental thereto.
WHEREAS it was expedient to establish a Security Corporation in the State of Maharashtra for
the purposes of raising a Force for providing better protection and security to the State Government
and Central Government offices, undertakings, employees of all such establishments, Public Sector
Undertaking, Vital Installations, Financial Institutions, Religious Institutions, Educational Institutions,
Cultural Institutions, Medical Institutions and t he like; and on a specific request received from the
Competent Authority to the infrastructure facilities like Major Bridges, Special Economic Zones,
Private Ports and Jetties, Dams and Expressways, etc., either in joint venture with the Government or
in r espect of which Memorandum of Understanding has been signed between the Government or
Government owned Corporation, etc., or separate provisions have been made by any other Government
Department, Government Corporation, Government or Semi -Government entiti es; and to the
Commercial Establishments including Malls, Multiplexes, Clubs and Hotels, etc., by providing
professional services through well equipped manpower; and to provide technical consultancy services
to all such establishments and institutions, etc., to deal with threats emanating including those from the
terrorist organizations, anti -social elements and underworld criminals and for matte rs connected
therewith or incidental thereto;
AND WHEREAS it had become necessary to provide for the establishment and regulation of the
Maharashtra State Security Corporation in the State of Maharashtra ;
AND 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 the purposes aforesaid; and,
therefore, promulgated the Maharashtra Stat e Security Corporation Ordinance, 2010 (Mah. Ord. IV of
2010), on the 11th March 2010;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature;
it is hereby enacted in the Sixty-first Year of the Republic of India as follows :—
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra State
Security Corporation Act, 2010.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 11th March 2010.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “Board” means the Board of Directors constituted under section 9 ;
(b) “charges” means charges as specified by the Corporation ;
(c) “Commercial Establishment” means an establishment which carries on any industry,
business, trade, profession or service or any work in connection with, or incidental or ancillary
thereto ;
(d) “Competent Authority” means the person managing the affairs of the State and Central
Government offices, Undertakings, Industry, Industrial Undertakings, Public Sector
Undertakings, Vital Installations, Financial Institutions, Religious Institutions, Cultural
Institutions, Medical Institutions, Commercial Establish ments and the like, a Managing Director,
1 For Statement of Objects and Reasons (in English), see Maharashtra Government Gazette, Extraordinary No. 19, Part-V-
A, dated the 31st March 2010, pages 10 and 11.
6 The Maharashtra State Security Corporation Act, 2010 [2010 : Mah. VI
Managing Agent, General Manager, Manager, Chief Executive Officer, etc., and who exercise the
control over the affairs of such undertakings or establishments or institutions ;
(e) “Corporation” means the Maharashtra State Security Corporation constituted under sub -
section (1) of section 3 ;
(f) “Directo r-General and Inspector -General”, “Additional Director General and Inspector
General”, “Special Inspector General”, “Deputy Inspector General” and “ Superi ntendent” means
respectively the “Director -General and Inspector -General of Police”, “Additional Director
General and Inspector General of Police”, “Special Inspector General of Police”, “Deputy
Inspector General of Police” and “Superintendent of Police”, as defined under the 1Bombay
Police Act, 1951 (Bom. XXII of 1951);
(g) “Educational Institution” means an organisation, establishment, foundation, society, or
the like, devoted to the promotion of a particular cause or programme, especially one of a public,
educational or charitable nature ;
(h) “enrolled member of Securit y Force” means any member of the Corporation, other than
a Supervisory officer and a subordinate officer ;
(i) “Financial Institution” means an Institution or organisation which collects funds from the
public and places them in financial assets, offers fi nancial services, like a Bank, Stock Exchange,
Reserve Bank of India, ICICI, Industrial Development Bank of India, etc., or brokerage and
insurance company that offers financial services such as deposit taking, mutual fund, checking
accounts, loans, or various investment services including insurance ;
(j) “Government” or “State Government” means the Government of Maharashtra ;
(k) “Industry” means an Industry as defined under the Industrial Disputes Act, 1947 (14 of
1947), and also includes Company as defi ned under the Companies Act, 1956 (I of 1956), or a
firm registered under the Indian Partnership Act, 1932 (9 of 1932) , which is engaged in any
industry, or in any trade, business or service ;
(l) “Infrastructure facilities ” means the basic physical and o rganisational structures needed
for the operation of a society or enterprise, or the services and facilities necessary for an economy
to function such as roads, bridges, expressways, wat er supply, sewers, power grids,
telecommunications and the like ;
(m) “Medical Institution ” means an institution created for the practice of medicine and
includes hospitals, medical colleges and related facilities and services ;
(n) “ member of Security Force” means a person appointed, as a member of the Security
Force under section 6 ;
(o) “prescribed” means prescribed by rules made under this Act ;
(p) “Religious Institution” means a place of public worship ;
(q) “Security Force” means a Security Force constituted under section 4 ;
(r) “State Reserve Police Force” means the State Reserve Police Force constituted under the
2Bombay State Reserve Police Force Act, 1951 (Bom. XXXVIII of 1951);
(s) “subordinate officer ” means officer o f the Corporation, appointed under section 3,
including an Inspector, Assistant Inspector, Sub -Inspector or Company Commander, Deputy
Company Commander, Assistant Company Commander or any equivalent officer known by any
other designation but does not inclu de the supervisory officer and enrolled member of the
Security Force ;
1 The short title of the Act was amended as “The Maharashtra Police Act (XXII of 1951)” by Mah. 24 of 2012, s. 2 and 3,
schedule, entry 45, with effect from the 1st May 1960.
2 The short title of the Act was amended as “The Maharashtra State Reserve Police Force Act, 1951 (XXXVIII of 1951)”
by Mah. 24 of 2012, s. 2 and 3, schedule, entry 46, with effect from the 1st May 1960.
2010 : Mah. VI] The Maharashtra State Security Corporation Act, 2010 7
(t) “ supervisory officer ” means officer of the Corporation, and includes any officer
appointed by the Managing Director as a supervisory officer under section 3, other than a
subordinate officer and enrolled member of the Security Force ;
(u) “vital installation ” means an establishment, which if damaged or sabotaged, affects the
economy, safety and security of the Country or State directly or indirectly, like the Bhabha
Atomic Research Centre, Atomic Power Stations, Power Grids, Pe troleum Refineries and the
like ;
(v) words and expressions used in this Act, but not defined, in this Act, shall have the
meanings respectively assigned to them in the 1Bombay Police Act, 1951 (Bom. XXII of 1951) or
in any other Act in force.
3. Constitution of Corporation. — (1) The State Government shall, by notification in the
Official Gazette, constitute for the purposes of this Act, a Corporation to be called the Maharashtra
State Security Corporation.
(2) The Corporation constituted under sub-section (1), shall be a body corporate, having perpetual
succession and a common seal, with power to contract, acquire, hold and dispose of property, both
movable and immovable, and to do all things necessary for the purposes of this Act, and may sue and
be sued by its corporate name.
(3) The Corporation shall be headed by an officer of the rank of 2[Director-General and Inspector-
General or] Additional Director General and Inspector General or Special Inspector General, appointed
by the State Government by a notifi cation in the Official Gazette, who shall be the Managing Director
of the Corporation.
(4) The Managing Director shall appoint requisite number of supervisory officers, subordinate
officers, members and enrolled members of the Security Force, by whatever designation called, as per
requirements of the Corporation. These members of the Security Force shall be of the rank of Deputy
Inspector General or Superintendent or other ranks from the State Police or equivalent ranks from the
armed forces, Central Polic e Forces, other State Police Forces and professionals, who shall be
discharging functions under the immediate and overall supervision of the Managing Director.
4. Constitution of Security Force.— The Corporation shall constitute the Security Force, which
shall consist of such number of supervisory officers, subordinate officers, members and enrolled
members of the Corporation, who shall receive such pay and remuneration as may be specified by the
Managing Director.
5. Powers of Managing Director and Dire ctors of Board. — The Managing Director of the
Corporation, and the Directors of the Board shall exercise such powers as may be prescribed.
6. Appointment of members of Security Force. — (1) The appointment of the members of the
Security Force shall be made by the Managing Director, in the manner as may be prescribed :
Provided that, the Managing Director, by an order as specified in this behalf, may authorise any
other supervisory officer to exercise such power of the appointment under this section.
(2) All members of the Corporation shall be employees of the Corporation, either on deputation
from the Central Government or the State Government or on contract.
7. Certificate of members of Security Force. — (1) Every member of the Security Force shall,
on his appointment, receive a certificate in the form as may be specified by the Board, under the seal of
the Managing Director or any other supervisory officer, as the Managing Director may authorise in this
behalf. The person holding such certificate shal l be vested with the powers of member of Security
Force and shall also receive an Identity Card and Uniform, as may be prescribed.
(2) Such certificate and Identity Card shall cease to have effect whenever a person named in it
ceases, for any reason, to be a member of the Security Force.
1 The Short title of the Act was amended as “The Maha rashtra Police Act (XXII of 1951)” by Mah. 24 of 2012, s. 2 and 3,
schedule entry 45, with effect from the 1st May 1960.
2 These words were inserted by Mah. 32 of 2012, s. 2, w.e.f. 23rd August 2012.
8 The Maharashtra State Security Corporation Act, 2010 [2010 : Mah. VI
8. Training of Security Force. — The members of the Security Force including enrolled
members of the Security Force shall have to undergo in respect of their duties a training as may be
prescribed, at the training center or institution specified as such by the Corporation.
9. Constitution of Board.— (1) There shall be a Board of Directors consisting of the Secretary -
in-charge of the Home Department of the Government of Maharashtra, who shall be the Chairperson,
and the M anaging Director, who shall be the Vice -Chairperson, either of whom shall chair the Board
meetings.
(2) The Board shall consist of the Managing Director, 1[Director-General and Inspector -General
of Police] the Commissioner of Police, Mumbai, the Commissioner, State Intelligence Department, the
Principal Secretary (Special) in the Home Department, Secretary-in-charge of the Finance Department,
and Additional Director General and Inspector General or officer in charge of the State Reserve Police
Force as Dir ector. The State Government may also appoint not more than two professional Directors
on the Board.
10. Duties of Corporation.— The Corporation shall perform the following duties, namely :—
(a) to provide protection and security to State and Central Gov ernment offices,
undertakings, establishments, institutions, employees of all such establishments, Public Sector
Undertakings, Vital Installations, Financial Institutions, Religious Institution, Cultural
Institutions, Medical Institutions and the like; and on a specific request received from the
Competent Authority to the Infrastructure facilities like major bridges, Special Economic Zones,
private ports and jetties, dams and expressways, etc., either in joint venture with the Government
or in respect of wh ich Memorandum of Understanding has been signed between the Government
or Government owned Corporation, etc., or separate provisions have been made by any other
Government Department, Government Corporation, Government or Semi -Government entities,
and to t he Commercial Establishment including Malls, Multiplexes, Clubs and Hotels, etc., by
providing professional services through well equipped manpower to deal with threats emanating
and including those from the terrorist organizations, anti -social elements an d underworld
criminals and for matters connected therewith or incidental thereto, on payment of such charges
as may be specified by the Corporation ;
(b) to provide technical consultancy services to and conduct security audits of all such
undertakings, establishments or institutions, on the issues of security at their request, on payment
of charges as may be specified by the Corporation.
11. Duties of member of Security Force.— It shall be the duty of every member of the Security
Force,—
(a) to execute the orders issued under this Act;
(b) to protect and safeguard the undertakings, establishments or institutions together with
such other installations as may be specified by the Corporation, to be vital for the carrying on the
work of these undertakings, establishments, institutions and installations situated within the local
limits of his jurisdiction ;
(c) to protect and safeguard such other undertakin gs, establishments, institutions and
installation, on which he is deputed for the protection and security;
(d) to protect and safeguard the employees of the undertakings, establishments, institutions
and installations referred to in clauses (b) and (c);
(e) to do any other act conducive to the better protection and security of the undertakings,
establishments or institutions and installations referred to in clauses ( b) and ( c), and the
employees referred in clause (d);
(f) to provide technical consultanc y services relating to security of any undertakings,
establishments, institutions and installations ;
(g) to perform any other duty which may be entrusted to him by the Corporation, from time
to time.
1 These words were substituted for the words “Director-General and Inspector-General” by Mah. 32 of 2012, s. 3.
2010 : Mah. VI] The Maharashtra State Security Corporation Act, 2010 9
12. Discharge of functions by Corporation.— The Corporation shall discharge all its functions
through its officers, members and enrolled members of the Security Force, in accordance with the
provisions of this Act and the rules made thereunder and the directions of the Board.
13. Functions of Mana ging Director. — (1) The Managing Director of the Corporation shall
report to the Board.
(2) The Managing Director shall be in constant liasion with the 1[Director-General and Inspector-
General of Police] and the Commissioner, State Intelligence Department , the Commissioner of Police,
Mumbai and Subsidiary Multiple Agencies Committee to receive intelligence inputs which may guide
the operations of the Corporation.
14. Functions of Board. — (1) The Board shall lay down the policy guidelines, from time to
time, for discharging the functions of the Corporation.
(2) The Board shall also help the Corporation, in discharge of its duties.
15. Providing security.— (1) The State Government offices, Organisations and Public Sector
Undertakings of the State Government shall be mandated to take security from the Corporation.
(2) All Vital Installations of the State Government shall get a security audit of their installations
conducted by the Corporation on payment of the requisite charges, as may be specified by the
Corporation and they shall abide by its suggestions including number of members of Security Force
required for its security.
16. Power to arrest without warrant.— In order to give effect to the provisions of this Act, the
procedure and power to arrest shall be exercised by the members of the Security Force, as provided
under Chapter V of the Code of Criminal Procedure, 1973 (2 of 1974) , and such member shall hand
over the custody of a person arrested to the nearest police station without any delay.
17. Officer and member to be public servants. — The Officers and members of the Security
Force, so appointed under this Act, shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code (45 of 1860).
18. Member of Security Force deemed to be Special Police Officer.— (1) The members of the
Security Force, so appointed under this Act, shall be deemed to be Special Police Officers within the
meaning of section 21 of the 2Bombay Police Act, 1951 (Bom. XXII of 1951).
(2) Every m ember of the Security Force shall have power to use allotted weapons as may be
required for the discharge of his duties.
19. Surrender of certificate, arms, etc., by person ceasing to be member of Security
Force.— (1) Every person who for any reason, cea ses to be a member of the Security Force, shall
forthwith surrender to any supervisory officer empowered to receive the same, his certificate of
appointment, Identity Card, the arms and ammunitions, clothing and all other articles which have been
furnished to him for the performance of duties as a member of the Security Force.
(2) Any person who willfully neglects or refuses to surrender his certificate of appointment,
Identity Card, the arms and ammunitions, clothing and other articles which have been furnished to him,
as required by sub -section (1), shall, on conviction, be punished with imprisonment for a term which
may extend to six months, or fine which may extend to ten thousand rupees, or with both.
20. Protection of acts of officers and members of Corporation.— No member of the Security
Force, Managing Director, Director of the Board, officers of the Corporation, Corporation and the
Board shall be liable for any criminal or civil action in any suit or proceeding for the act done in good
faith in the discharge of duties in furtherance of the object of this Act.
21. Application of Acts.— The Police (Incitement to Disaffection) Act, 1922 (22 of 1922) and
the Police Forces (Restriction of Rights) Act, 1966 (53 of 1966) shall apply to the members of the
Security Force.
1 These words were substituted for the word “Director-General and Inspector-General” by Mah. 32 of 2012, s. 4.
2 The short title of the Act was amended as “The Maharashtra Police Act (XXII of 1951)” by Mah. 24 of 2012, s. 2 and 3,
schedule, entry 45, with effect from the 1st May 1960.
10 The Maharashtra State Security Corporation Act, 2010 [2010 : Mah. VI
22. Power to make rules. — (1) The State Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) Except when the rules are made for the first time, all rules made under this Act shall be
subject to the condition of previous publication.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each
House of the State Legislature while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if, before expiry of the session in
which it is so laid or the session immediately following, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made and notify such decision in the
Official Gazette, the rules shall, from the date of publication of such notification, have effect only in
such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done or omitted to be done
under that rule.
23. Absorption of certain security guards.— After the constitution of the Corporation, services
of certain eligible security guards, appointed by the Security Guards Board under the Maharashtra
Private Security Guards (Regulation of Employment and Welfare) Act, 1981 (Mah. LVIII of 1981) and
the Maharashtra Ex -Servicemen’s Corporation, constituted by the Government Order, General
Administration Department, No. MSM.1099/2390/C.R. No. 244/ 99/28, dated the 18 th January 2002,
shall be absorbed in the Corporation as a member of the Security Force, on the same salary and other
terms and conditions of service which were applicable to them immediately before the constitution of
the Corporation; and such condi tions of service shall not be varied to their disadvantage or such
member of the Security Force shall not be removed from service by the Corporation, except in the
manner prescribed.
24. Restrictions on appointment of members of Security Force. — Notwithstanding anything
contained in the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act,
1981 (Mah. LVIII of 1981) or in the Government Order, General Administration Department, No.
MSM.1099/2390/C.R. No. 244/99/28, dated the 18th January 2002, no person shall be appointed by the
Security Guards Board or the Maharashtra Ex -servicemen’s Corporation as a security guard without
consultation with the Corporation.
25. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provisions of
this Act, the Government may, as occasion arises, by an order published in the Official Gazette, do
anything not inconsistent with the provisions of this Act, which appears to it to be necess ary or
expedient for the purpose of removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the date
of commencement of this Act.
(2) Every order made under sub -section ( 1) shall be laid, as soon as may be, after it is made,
before each House of the State Legislature.
26. Repeal of Mah. Ord. IV of 2010 and saving. — (1) The Maharashtra State Security
Corporation Ordinance, 2010 (Mah. Ord. IV of 2010), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or
order issued) under the said Ordinance, shall be deemed to have been done, taken or issued, as the case
may be, under the corresponding provisions of this Act.