Date: 2025-03-19Category: Not ApplicableState: MaharashtraCountry: India
Part V, Ext. No. 7, L. C. BILL No. IV OF 2025
A BILL further to amend the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981.
Wednesday, 19th March 2025.
**Executive Summary**
This document is the Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 2025, introduced in the Maharashtra Legislative Council on March 19, 2025. It amends the 1981 Act to update definitions, adjust committee procedures, and raise the minimum age for security guards. It aims to align with current labor laws and ensure effective implementation of the Act.
**Key Points / Main Content**
* **Amendment to Short Title:**
* This Act may be called the Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 2025.
* **Amendment to Section 2 of the 1981 Act (Definitions):**
* The definition of "establishment" is updated to align with the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
* **Amendment to Section 3 of the 1981 Act:**
* Clause (c) concerning regulations for recruitment, registration, and maintenance of security guards is substituted, clarifying the scope of these regulations including fees.
* **Amendment to Section 15 of the 1981 Act (Advisory Committee):**
* If the Advisory Committee is non-functional, the State Government can implement provisions or issue notifications without its advice or consultation.
* The term of office for Advisory Committee members (excluding government representatives) is set to five years from the publication date in the Official Gazette.
* The State Government must fill vacancies for non-government representative members within six months.
* **Amendment to Section 18 of the 1981 Act (Minimum Age):**
* The minimum age for employment as a Security Guard is increased from fourteen to eighteen years.
**Impact Analysis**
**Stakeholder: Maharashtra Private Security Guards**
* **Impact:** The increased minimum age requirement means individuals under 18 can no longer be employed as security guards. The amendment to section 3 affects the registration of security guards.
* **Action Required:** Those under 18 currently employed will need to seek alternative employment. Future security guard recruits must be at least 18 years old.
**Stakeholder: Principal Employers of Security Guards**
* **Impact:** Employers must comply with the new minimum age requirement and updated regulations regarding registration and maintenance of security guards.
* **Action Required:** Review current employment practices to ensure compliance with the updated age limit. Adhere to the updated regulations regarding the registration of security guards.
**Stakeholder: State Government (including relevant departments/agencies)**
* **Impact:** Given the Advisory Committee is non-functional, the State Government can issue notifications and implement provisions without the Advisory Committee consultation. The government is responsible for filling vacancies on the Advisory Committee within six months.
* **Action Required:** Implement changes to regulations and enforcement policies. Actively seek to fill vacancies on the Advisory Committee.
**Stakeholder: Advisory Committee**
* **Impact:** The committee term is now five years. The government can make decisions without the committees advise if non-functional.
* **Action Required:** Members other than the State Government will serve a five-year term and hold office during the pleasure of the Government.
Key Entities Referenced
Maharashtra Legislative Council: The legislative body where the Bill was introduced.
Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981: The principal Act being amended by this Bill, regulating the employment and welfare of private security guards in Maharashtra.
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017: Replaces the Bombay Shops and Establishments Act, 1948 and provides a new definition of 'establishment' relevant to the principal Act.
Advisory Committee: A committee constituted by the State Government to advise on matters arising out of the administration of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981.
Mumbai: Location relevant to the statement of objects and reasons, the Vidhan Bhavan is located in Mumbai.
महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच १९, २०२५/फााल्गुन २८, शाकेे १९४६ 1
RNI No. MAHBIL /2009/40123
महाारााष्ट्र� शाासन रााजपत्र
असाधााराण भााग पाच-अ
वर्षच ११, अंके ५(३)] बुुधावारा, माचच १९, २०२५/फााल्गुन २८, शाकेे १९४६ [पष्ृठे े३, किंकेमं त : रुपये े३६.००
असाधााराण क्रमांके ७
प्रााकिंधाकेृत प्राकेाशान
महाारााष्ट्र किंवधाानसभाेत व महाारााष्ट्र किंवधाानपरिरार्षदेेत सादेरा केेलेेलेी किंवधाेयेकेे (इंंग्रजी अनुवादे).
MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill which was introduced in the Maharashtra Legislative Council on 19th March
2025 is published under Rule 113 of the Maharashtra Legislative Council Rules :—
L. C. BILL No. IV OF 2025.
A BILL
further to amend the Maharashtra Private Security Guards
(Regulation of Employment and Welfare) Act, 1981.
WHEREAS it is expedient further to amend the Maharashtra Private
Mah. Security Guards )Regulation of Employment and Welfare( Act, 1981 for the
LVIII of purposes hereinafter appearing; it is hereby enacted in the Seventy-sixth Year
1981. of the Republic of India as follows :—
1. This Act may be called as the Maharashtra Private Security Guards Short title.
)Regulation of Employment and Welfare( )Amendment( Act, 2025.
Mah. 2. In section 2 of the Maharashtra Private Security Guards )Regulation of Amendment
LVIII of Employment and Welfare( Act, 1981 )hereinafter referred to as “the principal of section 2
1981. of Mah.LVIII
Act”(, for clause )4(, the following clause shall be substituted, namely :—
of 1981.
)1(
भााग पााच-अ-७-१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच १९, २०२५/फााल्गुन २८, शाकेे १९४६
“)4( ‘‘establishment’’ means an establishment as defined in clause
)4( of section 2 of the Maharashtra Shops and Establishments )Regulation Mah.
of Employment and Conditions of Service( Act, 2017;”. LXI of
2017.
Amendment 3. In section 3 of the principal Act, in sub-section (2), for clause )c(, the
of section 3 following clause shall be substituted, namely :—
of Mah.
LVIII
of 1981.
“)c( for regulating the recruitment and entry into the Scheme of
Security Guards and the registration and cancellation of registration of
Security Guards 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;”.
Amendment 4. In section 15 of the principal Act,—
of section 15
of Mah. )1( after sub-section )1(, the following sub-section shall be inserted,
LVIII namely :–
of 1981.
“)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( for sub-section )6(, the following sub-section shall be substituted,
namely :–
“(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 during 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.”.
Amendment 5. In section 18 of the principal Act, in the Explanation, for the word
of section 18 “fourteen” the word “eighteen” shall be substituted.
of Mah.
LVIII
of 1981.महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग पाच-अ, माचच १९, २०२५/फााल्गुन २८, शाकेे १९४६ 3
STATEMENT OF OBJECTS AND REASONS
The Maharashtra Private Security Guards )Regulation of Employment
and Welfare( Act, 1981 )Mah. LVIII of 1981( )hereinafter referred to as “the
said Act”( is enacted 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.
2. The term “establishment” is defined as establishment as defined in
clause )8( of section 2 of the Bombay Shops and Establishments Act, 1948
)Bom. LXXIX of 1948( in the said Act. Due to repeal of the said Shop Act 1948
by the Maharashtra Shops and Establishments )Regulation of Employment
and Conditions of Service( Act, 2017 )Mah. LXI of 2017(, the said definition is
proposed to be amended to incorporate the reference of the term “establishment”
as defined in the new Shop Act 2017.
3. Section 15 of the said Act provides that the State Government may
constitute an Advisory Committee to advise upon such matters arising out
of the administration of the said Act or any schemes made thereunder as the
State Government may refer to it for advice. The Advisory Committee consist
of representatives of principal employers, Security Guards, members of State
Legislature and members representing the State Government. The term of
members other than members representing the State Government is ordinarily
three years. In order to facilitate functioning of the Advisory Committee, the
Government considers it expedient to amend the said section to provide that 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 the
expiry of six months from the date of occurrence of such vacancy.
It is noticed that, if the Advisory Committee is not functional for some
time due to any reason, then the State Government cannot implement various
provisions of the said Act or make or vary schemes for want of consultation of
the Advisory Committee. Therefore, the Government considers it necessary to
amend section 15 of the said Act with a view to provide that Government may
issue notifications or take decisions thereunder until the Committee becomes
functional.
Therefore, section 15 of the said Act is proposed to be amended suitably.
4. Section 18 of the said Act provides for prohibition of employment of child
i.e. a person who has not completed fourteen years of age as a Security Guard.
The Child and Adolescent Labour )Prohibition and Regulation( Act, 1986 )61 of
1986( prohibits employment of adolescent i.e. a person who has completed his
fourteenth year of age but has not completed his eighteenth year, in hazardous
occupations. In various labour laws the age limit of child has been increased
to eighteen years. On the similar lines with a view to prohibit employment of
the children below eighteen years of age as a Security Guard, the Government
considers it expedient to increase the said age limit of child from fourteen years
to eighteen years.
5. The Bill seeks to achieve the above objectives.
Mumbai, AKASH FUNDKAR
Dated the 18th March, 2025. Minister for Labour.
Vidhan Bhavan : JITENDRA BHOLE
Mumbai, Secretary )1( )I/C(
Dated the 19th March, 2025. Maharashtra Legslative Council.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.