Security Guard Board Exemption Confusion: How Do We Resolve This Compliance Issue?

Security Guard Board Exemption Issue

We had deployed four security guards hired from a private agency. As the principal employer, we are satisfied with the services as committed, part of statutory compliance, and all documentation well maintained by the agency. The only issue was "exemption."

Recently, two inspectors from the Security Guard Board visited our office for inspection. They pointed out that an exemption is needed even if there are four security guards deployed, which your private agency has not fulfilled, and the levy has not been paid by them. They want clarification; otherwise, they will raise a notice to our company.

Last year, in a similar case with four guards, it was advised to the private agency by one of the Security Guard Board inspectors that "for opting exemption, a minimum of 20 guards has to be deployed in one unit." Furthermore, the private agency has not initiated the consent letter for opting exemption due to the low number of security guards.

In fact, there is no scope for 20 guards in our small unit.

What should be done in this case? Don't you think this is misleading? What is the real situation? From whom do we get a clear-cut idea? Can we get a notification from the Security Guard Board?

Regards

Exemption under what? Please be clear with your queries to get the proper answer.

Check www.labourlawhub.com for more information on labor laws in India.

There is no minimum number for exemption from the security guard board.

Dear Madan,

In Maharashtra, there is a board under the Labour Department to inspect any premises to ensure that no private security is engaged. If there is any, they have taken exemption.

I advise you to inform the security contractor to address this issue with the inspector. They will resolve it. Don't worry.

Regards

Maharashtra Guard Board Act Overview

This is under the Maharashtra Guard Board Act. It was the first state to implement regulations for security guards. Anyone employing security guards is required to hire them directly as permanent employees or hire from the Guard Board. If contract security is used, they must have an exemption from the Guard Board and must provide equal or better terms to the employees. The exemptions are specific to each factory, and the names of security guards are also specified in the notification. The act is responsible for improving security guard salaries from below subsistence to decent levels in Maharashtra and served as a model for the Private Security Agency Regulation Act of the Central government made later.

Anonymous,

Where exactly is your unit/factory located? To my knowledge, this scheme of the Guard board is applicable only in Greater Mumbai and Thane District.

Reference link: [The Maharashtra Private Security Guards Act 1981](http://www.mahasecurity.gov.in/pdf/regulations/the_maharashtra_private_security_guards_act_1981.p df).

No, Nathrao,

The scheme is in many other parts of Maharashtra, including Nashik and Aurangabad. It started with Mumbai and Thane.

Dear Sir,

Can you please provide a notification to support this for my reference? It means we should initiate the process for exemption even if we have only one security guard hired from a private security agency.

Thank you.

Dear Shirke Sir,

We have informed our Security Agency to handle this matter, and they have 'managed' the situation. However, as the principal employer, should we initiate the exemption procedure through the Security contractor since we have four security guards?

Thank you.

Dear Friend,

It is a long and lengthy procedure. Only certain institutions are exempted under the Act. You can ask the Local Assistant Labour Commissioner's Office; they will guide you. Also, ask the security agency; they will help you. Normally, all security agencies work with the Labour Department to assist the clients.

Regards

There is no specific notification saying you need it for 4 guards. Read the act. It clearly says what the applicability is.