Scheme for ensuring regular employment of Security Guards.

§3

Summary

(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 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 Security 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 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;] (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 during 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, restricting 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 covered 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 ; (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 Miscellaneous Provisions Act, 1952 (XIX of 1952), and the Scheme framed thereunder, with suitable modification where 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, which 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. 9[(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 with 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 29th June 1981, in 10Greater 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 date 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 11[principal employers], agency or agent to dismiss, discharge or retrench or otherwise terminate the appointment of any Security Guard as a penalty imposed for disciplinary action taken against him.

(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 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 Security 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 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;] (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 during 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, restricting 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 covered 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 ; (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 Miscellaneous Provisions Act, 1952 (XIX of 1952), and the Scheme framed thereunder, with suitable modification where 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, which 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. 9[(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 with 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 29th June 1981, in 10Greater 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 date 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 11[principal employers], agency or agent to dismiss, discharge or retrench or otherwise terminate the appointment of any Security Guard as a penalty imposed for disciplinary action taken against him.

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