During inspections conducted to check if private agencies comply with provisions of the Act, it was found that several agencies violated the provisions.
Maharashtra government is set to cancel exemption given to private security guard agencies found violating provisions of the Security Guards Act 1981, which applies to agencies engaging almost five lakh private security guards in the state.
"The exemption is necessary under the Act for engaging individual guards in premises, not only to ensure that they receive basic minimum wages, but also to ensure the security of premises as police verification is carried out for each guard before granting him an exemption," principal secretary (Labour), Kavita Gupta told PTI.
During inspections conducted to check if private agencies comply with provisions of the Act, it was found that several agencies violated the provisions.
"This is not only violation of labour rights but also a major security threat, in the backdrop of recent terror attacks, as the guards engaged by these agencies may have criminals or even terrorist background," she said.
An agency called CD Safety and Security Services, operated by Gurcharan Singh Chauhan, president of the Security Association of India, was found to be "blatantly violating norms at eight places where it provided security guards," the senior IAS official said.
The lacunae ranged from non-issuance of identity cards for the guards, non-grant of weekly off, failure to provide free uniform, no provident fund account for guards, no fixed working hours and no paid leave.
In Chauhan's case, he took exemption for 97 security guards but was found to be deployed about 400 guards illegally, the official said.
"He is not only violating norms of the Act, but also inciting other security guard agencies to violate the Act provisions," she said, adding Chauhan wrote to other agencies, asking for Rs15,000 from them, to "oppose the state government in court on the exemption issue."
The violations provide for cancellation of exemption given to these agencies and their prosecution, which may lead to a month's imprisonment, Gupta said.
The Maharashtra Security Guard Board was formed for the welfare of the security guards and to ensure that their pay was as per the prescribed minimum wages fixed by the Board.
The Board also checks the credentials of security guards employed by them.
In 2001, the state government, through a notification, had made it compulsory for all agencies deploying security guards to get exemption for these guards from the Board, she said.
Following due police verification and compliance of other necessary conditions, guards are provided exemption by the Board, she added.
The Board also registers its own guards and provides these guards to establishments requiring the same, Gupta said.
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