Date: 2025-04-28Category: Not ApplicableState: MaharashtraCountry: India
Part VIII, Ext. No. 39, MAHARASHTRA ACT No. XXVI OF 2025
An Act further to amend the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981.
Monday, 28th April 2025.
**Executive Summary**
The document is the English translation of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 2025, published on April 28, 2025. This act amends the 1981 act with immediate effect, primarily focusing on modifications to definitions, recruitment, and advisory committee functions. The aim is to update the regulations governing private security guards in Maharashtra.
**Key Points / Main Content**
* **Amendment Act Title**: The Act is titled the "Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 2025".
* **Definitions**:
* The definition of "establishment" is updated to align with clause (4) of section 2 of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017.
* **Recruitment and Registration**:
* Section 3 is amended to regulate the recruitment, registration, and cancellation of Security Guards and principal employers, the maintenance of registers, removal/restoration of names from registers/waiting lists, and the imposition of registration fees.
* **Advisory Committee**:
* If the Advisory Committee is non-functional, the State Government can issue notifications or make decisions for implementing the Act without the Committee's advice.
* The term of office for Advisory Committee members (excluding government representatives) is five years from the date of notification in the Official Gazette, and they hold office at the Government's pleasure.
* The State Government is responsible for filling vacancies of non-government Advisory Committee members within six months of the vacancy occurrence.
* **Explanation**:
* In Section 18, the word "fourteen" is replaced with "eighteen."
**Impact Analysis**
**Private Security Guards and Principal Employers**
*Impact:* The changes affect the recruitment, registration, and potential deregistration processes for security guards and principal employers.
*Action Required:* Security guards and their employers should review the updated regulations for compliance, particularly concerning registration, fees, and recruitment procedures.
**State Government**
*Impact:* The State Government has increased authority in cases where the Advisory Committee is non-functional and is responsible for ensuring the timely appointment of Advisory Committee members.
*Action Required:* The State Government must ensure the Advisory Committee is functional and fill any vacancies promptly. It also needs to oversee the implementation of the Act, even in the absence of a functional committee.
**Advisory Committee Members**
*Impact:* The term of office for members is clarified, and the government has the power to fill vacancies of the non-government members.
*Action Required:* Review the updated regulations related to the terms of office and ensure participation and compliance with the act.
Key Entities Referenced
Maharashtra Private Security Guards (Regulation of Employment and Welfare) (Amendment) Act, 2025: An act amending the 1981 Act related to the regulation of employment and welfare of private security guards in Maharashtra.
Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981: The principal act being amended, concerning the regulation of employment and welfare of private security guards in Maharashtra.
Advisory Committee: A committee whose function and role are being modified by this amendment act regarding advising on the implementation of the Act.
Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017: Act used as a reference for defining 'establishment' in the context of the private security guards act.
Maharashtra: The state to which the act and its amendments apply.
महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७ 1
RNI No. MAHENG /2009/35528
महाारााष्ट्र� शाासन रााजपत्र
असाधााराण भााग आठ
वैर्षष ११, अंके १५ (४)] सोमवैारा, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७ [पृष्ठे २, प्रिकेंमत : रुपयेे २७.००
असाधााराण क्रमांके ३९
�ाप्रिधाकेृत �केाशान
महाारााष्ट्र प्रिवैधाानमंडळााचेे अप्रिधाप्रिनयेम वै रााज्येपालांनी �ख्येाप्रिपत केेलेले अध्येादेेशा वै केेलेले प्रिवैप्रिनयेम आप्रिण
प्रिवैप्रिधा वै न्येाये प्रिवैभाागाकेडून आलेली प्रिवैधाेयेकेे (इंंग्रजी अनुवैादे)
In pursuance of clause )3( of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Private Security Guards )Regulation of Employment and Welfare(
)Amendment( Act, 2025 )Mah. Act No. XXVI of 2025(, is hereby published under the authority of the
Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary )Legislation( to Government,
Law and Judiciary Department.
MAHARASHTRA ACT No. XXVI OF 2025.
(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 28th April 2025.)
An Act 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 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. Act”(, for clause )4(, the following clause shall be substituted, namely :— of Mah.LVIII
of 1981.
)१(
भााग आठ-३९—१2 महाारााष्ट्र शाासन रााजपत्र असाधााराण भााग आठ, एप्रि�ल २८, २०२५/वैैशााख ८, शाकेे १९४७
“)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.
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.