GOVERNMENT OF MAHARASHTRA
LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA  ACT  No.  LVIII OF 1981.

MAHARASHTRA  PRIVATE  SECURITY  GUARDS
(REGULATION  OF  EMPLOYMENT AND WELFARE)

ACT,  1981

(  As  modified  upto  the  13th  April,  2018  )

*

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1981 : Mah. LVIII]

(i)

MAHARASHTRA   PRIVATE  SECURITY  GUARDS (REGULATION
OF EMPLOYMENT  AND  WELFARE)  ACT, 1981

————

CONTENTS

PREAMBLE.
SECTIONS.

1.

Short title, extent, commencement and application.

Scheme for ensuring regular  employment of Security Gurards.

Power  of  State  Government  to  appoint  Board  consisting  of  one  person.
Powers  and  duties  of  Board.

2. Definitions.
3.
4. Making,  variation  and  revocation  of  Scheme.
5. Disputes  regarding  application  of  Scheme.
6. Constitution  of  Board.
7.
8.
9. Accounts  and  audit.
10. Disqualifications and removal.
11. Resignation of office by member.
12. Vacancy  to  be  filled  as  early  as  possible.
13.
14. Determination of moneys due from employers, principal employer and

Proceedings  presumed  to  be  good  and  valid.

Inspectors  and  their  powers.

Prohibition of employment of children.

Security Guards.
15. Advisory  Committees.
16.
17. Cognizance  of  offences.
18.
19. Application  of  Workmen’s  Compensation Act  to  Security  Guards.
20. Application  of  Payment  of  Wages Act  to  Security  Guards.
21. Application  of  Maternity  Benefit Act  to  women  Security  Guards.
22. Rights  and  privileges  under  other  laws  not  affected  in  certain  cases.
23. Exemptions.
24.
25.
26. Contracting  out.
27. General  penalty  for  offences.
28.
29.
30.
31. Repeal of Mah. Ord. V of 1981 and saving.

Protection  of  action  taken  under  this  Act.
Power to make rules.
Schemes  and  rules  to  be  laid  before  State  Legislature.

Inquiry  into  working  of  the  Board.
Supersession  of  the  Board.

H  534-1

———

MAHARASHTRA   ACT  No.    LVIII   of    19811

[MAHARASHTRA  PRIVATE  SECURITY  GUARDS  (REGULATION OF
EMPLOYMENT AND WELFARE) ACT,  1981.]

[This Act  received  the  assent  of  the  President  on  the  24th  September  1981 ;  assent
was  first  published  in  the Maharashtra  Government  Gazette, Part  IV,  Extraordinary,
on  the  25th  September,  1981.]

Amended  by  Mah.  28  of  1996  (29-4-1996)†

An Act  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.

WHEREAS  both  Houses  of  the  State  Legislature  were  not  in  session ;

AND  WHEREAS  the  Governor  of  Maharashtra  was  satisfied  that  circumstances
existed  which  rendered  it  necessary  for  him  to  take  immediate  action  to  make  a  law    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,  and, therefore,  promulgated  the  Maharashra
Private  Security  Guards  (Regulation  of  Employment  and Welfare) Ordinance,  1981  on  the
29th  June,  1981;

Mah.
Ord.  V
o f
1981.

AND  WHEREAS  it  is  expedient  to  replace  the  said  Ordinance  by  an Act  of  the  State
Legislature;  It  is  hereby  enacted  in  the  Thirty-second  Year  of  the  Republic  of  India  as
follows  :—

1. (1) This Act  may  be  called  the  Maharashtra  Private  Security  Guards  (Regulation

of  Employment  and  Welfare) Act,  1981.

(2) It  extends  to  the  whole  of  the  State  of  Maharashtra.

(3) This Act  shall  be  deemed  to  have  come  into  force  only  in, #Greater  Bombay
and  Thane  District  on  the  29th  June,  1981.  It  shall  come  into  force  in  any  other  area
of  the  State  on  such  date  as  the  State  Government  may,  by  notification,  in  the
Official  Gazette, appoint  in  this  behalf  for  that  area,  and  different  dates  may  be
appointed  for  different  areas  and  for  different  provisions  of  this  Act.

(4) It  applies  to  persons  who  work  as  Security  Guards  in  any  factory  or
establishment,  but  who  are  not  direct  and  regular  employees  of  the  factory  or  the
establishment,  as  the  case  may  be.

1. For  Statement  of  Objects  and  Reasons, see Maharashtra  Government  Gazette,  1981,  Part  V,

at pages  473-474.

† This  indicates  the  date  of  commencement  of  the  Act.
# The  name  of this  City  has  been  restored  as  "Brihan  Mumbai" vide Mah.  25  of  1996,  s.  3.

Short  title,
extent,
commence-
ment  and
application.

2

 Maharashtra Private  Security  Guards  (Regulation
of  Employment and Welfare)  Act, 1981

[ 1981 : Mah. LVIII

Definitions.

2.

In  this Act,  unless  the  context  otherwise  requires,—

Bom.
LXXIX
o f
1948.

LXIII
o f
1948.

1[(a) "agency  or  agent'',  in  relation  to  a  Security  Guard,  means  an  individual  or
body  of  individuals  or  a  body  corporate,  who  or  which  employees  Security  Guards
in  his  or  its  employment  on  wages  and  undertakes  to  execute  any  security  work    or
watch  and  ward  work  on  contract,  for  any  factory  or  establishment  by  engaging  the
Security  Guards  in  his  or  its  employment,  but  does  not  include  a  sub-agency  or  sub-
agent  or  the  Board ;]

(1-a) "Advisory  Committee"  means  Committee  constituted  under  section  15 ;

(2) "Board"  means  a  Board  established  under  this Act ;

2[(3) "employer",  in  relation  to  a  Security  Guard  in  the  direct  employment  of

an  agency  or  agent  and  deployed  in  a  factory  or  establishment  through  such
agency  or  agent,  means  such  agency  or  agent ;]

(4) "establishment"  means  an  establishment  as  defined  in  clause  (8)  of  section 2

of  the  *Bombay  Shops  and  Establishments Act,  1948 ;

(5) "factory"  means  a  factory  as  defined  in  clause  (m)  of  section  2  of  the

Factories Act,  1948 ;

(6) "Inspector"  means  an  Inspector  appointed  under  section  16 ;

(7) "prescribed"  means  prescribed  by  rules  made  under  this Act ;

2[(8) "principal  employer",  in  relation  to    any  class  or  classes  of  Security  Guards
deployed  in  a  factory  or  establishment  by  the  agency  or  agent  or  Board,  means  the
person  who  has  ultimate  control  over  the  affairs  of  the  factory  or  establishment  and
includes  any  other  person  to  whom  the  affairs  of  such  factory  or  establishment  are
entrusted  whether  such  person  is  called  Authorised  Representative,  Manager  or  by
any  other  name  prevailing  in  the  factory  or  establishment ;]

(9) "Scheme"  means  a  Scheme  made  under  this Act ;

2[(10) "Security  Guard" or  "Private Security  Guard" means  a  person  who is  engaged
through  any  agency  or  agent  of  Board  to  do  security  work  or  watch  and  ward  work
in  any  factory  or  establishment  but  does  not  include  the  members  of  any  principal
employer’s  family  or  any  person  who is  a  direct  employee  of  the  principal  employer ;]
(11) "wages"  means  all  remunerations  expressed  in  terms  of  money  or  capable  of
being  so  expressed,  which  would,  if  the  terms  of  contract  of  employment  express  or
implied,  were  fulfilled,  be  payable  to  a  Security  Gurard  in  respect  of  security  work
or  watch  and  ward  work  done  in  any  factory  or  establishment,  but,  does  not
include—

1. This  clause  was  substituted  for  the  original  by  Mah.  Ord.  4  of  1996  and  subsequently  by
Mah. 28  of  1996.  s  2(a).  This  Ordinance  was  promulgated  on  9-2-1996  and  ceased  to  operate
on  28-4-1996.

2. Clauses  (3),  (8)  and  (10)  were  substituted  for  the  original  by  Mah.  Ord.  4  of  1996  and

subsequently  by  Mah.  28  of  1996.  s.  2(b),  (c)  and  (d).

*  Now  see  Maharashtra  Shops  and  Establishments  (Regulation  of  Employment  and  Conditions  of

Service)  Act,  2017  (Mah.  61  of  2017).

1981 : Mah. LVIII ] Maharashtra  Private  Security  Guards (Regulation

3

of  Employment and Welfare)  Act, 1981

(i) the  value  of  any  house  accommodation,  supply  of  light,  water,  medical
attendance,  or  any  other  amenity  or  any  service  excluded  from  the  computation
of  wages  by  general  or  special  order  of  the  State  Government ;

(ii) any  contribution  paid  by  the  employer 1[or  the  principal  employer,  as  the
case  may  be]  to  any  pension  fund  or  provident  fund  or  under  any  scheme  of
social  insurance  and  the  interest  which  may  have  accrued  thereon ;

(iii) any  travelling  allowance  or  the  value  of  any  travelling  concession ;
(iv) any  sum  paid  to  the  Security  Guard  to  defray  special  expenses  entailed

on  him  by  the  nature  of  his  employment ;  or
(v) any  gratuity  payable  on  discharge.

3.

(1) For the  purpose of  ensuring an  adequate supply  and  full  and proper  utlilization
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
2[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.

Scheme  for
ensuring
regular
employment
of  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 3[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;

(c) for  regulating  the  recruitment  and  entry  into  the  Scheme  of  Security  Guards
and  the  registration  of  Security  Guards  and 3[principal  employers]  and  including  the
maintenance  of  registers,  removal  or  restoration,  either  temporarily  or  permanently,  of
the  names  from  the  registers,  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 3[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 3[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 4[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 ;

1. These  words  were  inserted  by  Mah.  Ord.  4  of  1996  and  subsequently  by  Mah.  28  of  1996,  s.  2(c).
2. These  words  were  substituted  for  the  word  "employer"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s.  3(a)

3. These  words  were  substituted  for  the  words  "employers"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s.  3(b).

4. These  words  were  substituted  for  the  words  "employers"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996, s.  3(b)

4

 Maharashtra Private  Security  Guards  (Regulation
of  Employment and Welfare)  Act, 1981

[ 1981 : Mah. LVIII

(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 1[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,  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 ;

XIX
o f
1952.

(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  incidential  and  supplementary  matters  as  may  be  necessary  or

expedient  for  giving  effect  to  the  purposes  of  the  Scheme.

(3) The  Scheme  may  further  provide  that  a  contravention  of  any  provision  thereof
shall,  on  conviction,  be  punished  with  imprisonment  for  such  term  as  may  be  specified
(but  in  no  case  exceeding  three  months  in  respect  of  a  first  contravention  or  six  months
in  respect  of  any  subsequent  contravention),  or  with  fine  which  may  extend  to  such
amount  as  may  be  specified  (but  in  no  case  exceeding  five  hundred  rupees  in  respect
of  the  first  contravention  or  one  thousand  rupees  in  respect  of  any  subsequent
contravention),  or  with both  imprisonment  and  fine ;  and  if  the  contravention  is  continued
after  conviction,  with  a  further  fine  which  may  extend  to  one  hundred  rupees  for  each
day  on  which  the  contravention  is  so  continued.

1. These  words  were  substituted  for  the  words  "employers"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s.  3(b).

1981 : Mah. LVIII ] Maharashtra  Private  Security  Guards (Regulation

5

of  Employment and Welfare)  Act, 1981

(4) Notwithstanding  anything  contained  in  this Act,—

(a) on  and  from  the  29th  June  1981,  in #Greater  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
1[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.

4.

(1) The  State  Government  may,  after  consultation  with  the Advisory  Committee
constituted  under  section  15,  and,  subject  to  the  conditions  of  previous  publication,  by
notification  in  the Official  Gazette, make  one  or  more  Schemes  for  Security  Guards,
class  or  classes  of  Security  Guards  in  one  or  more  areas  specified  in  the  notification;
and  in  like  manner  add  to,  amend  or  vary  any  Scheme  or  substitute  another  Scheme
for  any  Scheme  made  by  it :

Provided  that,  no  such  notification  shall  come  into  force,  unless  a  period  of  one

month  has  expired  from  the  date  of  its  publication  in  the Official  Gazette.

Making,
variation  and
revocation
of  Scheme.

Bom.
I  of
1904.

(2) The  provisions  of  section  24  of  the  *Bombay  General  Clauses Act,  1904,  shall
apply  to  the  exercise  of  the  powers  given  by  sub-section  (1)  as  they  apply  to  the
exercise  of  the  power  given  by  a  Maharashtra  Act  to  make  rules  subject  to  the
condition  of  previous  publication.

5.

If  any  question  arises  whether  any  Scheme  applies  to  any  class  of  Security
Guards  or 1[principal  employers],  the  matter  shall  be  referred  to  the  State  Government,
and  the  decision  of  the  State  Government  on  the  question,  which  shall  be  taken  after
consulting  the  Advisory  Committee  constituted  under  section  15,  shall  be  final.

Disputes
regarding
application
of  Scheme.

6.

(1) The  State  Government  may,  by  notification  in  the Official  Gazette, establish
a  Board  to  be  known  by  such  name  as  may  be  specified  in  the  notification  for  any
Security  Guards  in  any  area.  One  or  more  Boards  may  be  established  for  one  or  more
classes  of  Security  Guards  or  for  one  or  more areas.

Constitution
of  Board.

1. This  words  were  substituted  for  the  word  "employees"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s.  3(c).

#.  The  name  of  this  City  has  been  restored  as  "Brihan  Mumbai" vide Mah.  25  of  1996,  s.  3.
*.  The  Short  title  of  the  Act  has  been  amended  as  "The  Maharashtra  General  Clauses  Act"    by  Mah.

24  of  2012,  Sections  2  and  3,  Schedule,  entry  11, w.  e.  f.  1-5-1960.

6

 Maharashtra Private  Security  Guards  (Regulation
of  Employment and Welfare)  Act, 1981

[ 1981 : Mah. LVIII

(2) Every  such  Board  shall  be  a  body  corporate  with  the  name  aforesaid,  having
perpetual  succession  and  common  seal,  with  power  to  acquire,  hold  and  dispose  of
property,  and  to  contract,  and  may,  by  that  name,  sue  or  be  sued.

(3) The  Board  shall  consist  of  members  nominated,  from  time  to  time,  by  the  State
Government  representing  the 1[principal  employers],  the  Security  Guards  and  the  State
Government.

(4) The  members  representing  the 1[principal  employers]  and  the  Security  Guards
shall  be  equal  in  number,  and  the  members,  representing  the  State  Government  shall  not
exceed  one-third  of  the  total  number  of  members  representing 1[principal  employers]
and  Security  Guards.

(5) The  Chairman  of  the  Board  shall  be  one  of  the  members  appointed  to  represent

the  State  Government,  nominated  in  this  behalf  by  the  State  Government.

(6) After  nomination  of  all  the  members  of  the  Board  including  the  Chairman,  the
State  Government,  shall  by  notification  in  the Official  Gazette, publish  the  names  of  all
the  members  of  the  Board.

(7) The  term  of  office  of  members  of  the  Board  shall  be  such  as  may  be  prescribed.

(8) There  shall  be  paid  to  every  member  (not  being  a  member  representing  the  State
Government)  from  the  fund  of  the  Board,  travelling  and  daily  allowances  for  attending
meetings,  of  the  Board  at  such  rates  as  may  be  prescribed.

(9) The  meetings  of  the  Board  and  procedure  to  be  followed  for  the  purpose  and
all  matters  supplementary  or  ancillary  thereto  shall,  subject  to  the  approval  of  the  State
Government,  be  regulated  by  the  Board.

Power  of
State
Government
to  appoint
Board
consisting  of
one  person.

7. (1) Where  by  reason  of  the 2[principal  employers]  or  the  Security  Guards  refusing
to  recommend  persons  for  representing  them  on  the  Board  or for  any  reasons  whatsoever
it  appears  to  the  State  Government  that  it  is  unable  to  constitute  a  Board  for  Security
Guards  in  accordance  with  the  provisions  of  section  6,  the  State  Government  may,  by
notification  in  the Official  Gazette, appoint  a  suitable  person  who  shall  hold  office  until
a  Board  is  duly  constituted  under  section  6  for  such  Security  Guards.

(2) The  person  so  appointed  shall  be  deemed  to  constitute  the  Board  for  the  time
being,  and  shall  exercise  all  the  powers  and  perform  and  discharge  all  the  duties  and
functions  conferred  and  imposed  upon  the  Board  by  or  under  this Act  and  the  Scheme
made  thereunder.  He  shall  continue  in  office  until  the  day  immediately  preceding  the
date  of  the  first  meeting  of  the  Board  constituted  under  section  6.

(3) The  person  constituting  the  Board  shall  receive  such  remuneration,  from  the
fund  of  the  Board,  and  the  terms  and  other  conditions  of  his  service  shall  be  such  as
the  State  Government  may  determine.

Powers  and
duties  of
Board.

8. (1) The  Board  shall  be  responsible  for  administering  every  Scheme  and  shall
exercise  such  powers  and  perform  and  discharge  such  duties  and  functions  as  may  be
conferred  on  it  by  the  Scheme.

1. These  words  were  substituted  for  the  word  "employers"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996, s.  5.

2. These  words  were  substituted  for  the  word  "employees"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s.  6.

1981 : Mah. LVIII ] Maharashtra  Private  Security  Guards (Regulation

7

of  Employment and Welfare)  Act, 1981

(2) The  Board  may  take  such  measures  as  it  may  deem  fit  for  administering  the

Scheme.

(3) The  Board  shall  submit  to  the  State  Government,  as  soon  as  may  be,  after  the
1st  day  of April  every  year,  and  not  later  than  the  31st  day  of  October  an  annual  report
on  the  working  of  the  Scheme  during  the  preceding  year  ending  on  the  31st  day  of
March  of  that  year.  Every  report  so  received  shall  be  laid,  as  soon  as  may  be  after  it
is  received,  before  each  House  of  the  State  Legislature  if  it  is  in  session,  or  in  the
session  immediately  following  the  date  of  receipt  of  the  report.

(4) In  exercise  of  the  powers  and  performance  and  discharge  of  its  duties  and
functions,  the  Board  shall  be  bound  by  such  directions  as  the  State  Government  may,
for  reasons  to  be  stated  in  writing,  give  to  it,  from  time  to  time.

9. (1) The  Board  shall  maintain  proper  accounts  and  other  relevant  record  and
prepare  an  annual  statement  of  accounts  including  a  balancesheet  in  such  form  as  may
be  prescribed.

Accounts  and
audit.

(2) The  accounts  of  the  Board  shall  be  audited  annually  by  such  qualified  persons

as  the  State  Government  may  appoint  in  this  behalf.

(3) The  auditor  shall  at  all  reasonable  times  have  access  to  the  books  of  accounts
and  other  documents  of  the  Board,  and  may  for  the  purposes  of  the  audit,  call  for  such
explanation  and  information  as  he  may  require  or  examine  any  member  or  officer  of
the Board.

(4) The  accounts  of  the  Board  certified  by  the  auditor,  together  with  the  audited
report  thereon,  shall  be  forwarded  annually  to  the  State  Government  before  such  date
as  the  State  Government  may  specify  in  this  behalf.

(5) The  Board  shall  comply  with  such  directions  as  the  State  Government  may,  after

perusal  of  the  report  of  the  auditor,  think  fit  to  issue.

(6) The  cost  of  audit,  as  determined  by  the  State  Government,  shall  be  paid  out  of

the  funds  of  the  Board.

(1)  No  person  shall  be  chosen  as,  or  continue  to  be  member  of  the  Board

10.
who,—

(a) is  a  salaried  officer  of  the  Board ;  or

(b) is  an  undischarged  insolvent ;  or

(c) is  found  to  be  a  lunatic  or  becomes  of  unsound  mind ;  or

(d) is  or  has  been  convicted  of  any  offence  involving  moral  turpitude,  unless  a

period  of  five  years  has  elapsed  since  the  date  of  his  conviction.

(2)  The  State  Government  may  remove  from  office  any  member,  who—

(a) is  or  has  become  subject  to  any  of  the  disqualifications  mentioned  in  sub-

section  (1) ;  or

(b) is  absent  without  leave  of  the  Board  for  more  than  three  consecutive  meetings

of  the  Board.

H  534-2

Disqualifi-
cations  and
removal.

8

 Maharashtra Private  Security  Guards  (Regulation
of  Employment and Welfare)  Act, 1981

[ 1981 : Mah. LVIII

Resignation
of  office  by
member.

11. Any  member  of  the  Board  may  at  any  time  resign  his  office  by  writing  under
his  hand  addressed  to  the  State  Government,  and  his  office  shall,  on  acceptance  of
resignation,  become  vacant.

Vacancy  to
be  filled  as
early  as
possible.

12. In  the  event  of  any  vacancy  occuring  on  account  of  death,  resignation,
disqualification  or  removal  or  otherwise,  the  Board  shall  forthwith  communicate  the
occurrence  to  the  State  Government,  and  the  vacancy  shall  be  filled,  as  far  as  possible
within  ninety  days  from  the  date  of  the  occurrence  of  the  vacancy,  and  the  person
nominated  to  fill  in  the  vacancy  shall  hold  office  so  long  only  as  the  member  in  whose
place  he  is  nominated  would  have  held  it  if  the  vacancy  had  not  occurred :

Provided  that,  during  any  such  vacancy,  the  continuing  members  may  act  as  if  no

vacancy  has  occurred.

Proceedings
presumed  to
be  good  and
valid.

13. No  act  or  proceeding  of  the  Board  shall  be  questioned  or  invalidated  merely  by
reason  of  any  vacancy  in  its  membership  or  by  reason  of  any  defect  in  the  constitution
thereof.

Determina-
tion  of
moneys  due
from
employers,
1[principal
employer]
and  Security
Guards.

14. (1) The  Board  or  such  officer  as  may  be  specified  by  it  in  this  behalf  may  by
order,  determine  any  sum  due  from  any  employer, 1[principal  employer]  or  Security
Guard  under  this  Act  or  any  Scheme  made  thereunder,  and  for  this  purpose  may
conduct  such  inquiry  as  the  Board  or  such  officer  may  think  to  be  necessary.

(2) The  Board  or  such  officer  conducting  the  inquiry  under  sub-section  (1)  shall,
for  the  purposes  of  such  inquiry,  have  the  same  powers  as  are  vested  in  a  Court  under
the  Code  of  Civil  Procedure,  1908,  for  trying  a  suit  in  respect  of  the  following  matters,
namely  :—

V  of
1908.

(a) enforcing  the  attendance  of  any  person  or  examining  him  on  oath ;

(b) requiring  the  discovery  and  production  of  documents ;

(c) receiving  evidence  on  affidavit ;
(d) issuing  commissions  for  the  examination  of  witnesses ;  and

any  such  inquiry  shall  be  deemed  to  be  a  judicial  proceeding  within  the  meaning  of
sections  193  and  228,  and  for  the  purpose  of  section  196,  of  the  Indian  Penal  Code.
(3) No  order  determining  the  sum  due  from  any  employer, 1[principal  employer]  or
Security  Guard  shall  be  made  under  sub-section  (1),  unless  the  employer, 1[principal
employer]  or  Security  Guard,  as  the  case  may  be,  is  given  a  reasonable  opportunity  of
representing  his  case.

XLV
o f
1860.

(4) An  order  made  under  this  section  shall  be  final  and  shall  not  be  questioned  in

any  Court.

(5) Any  sum  determined  under  this  section  may,  if  such  sum  is  in  arrears,  be

recovered  as  an  arrear  of  land  revenue.

Advisory
Committee.

15. (1) The  State  Government  may  constitute  an Advisory  Committee  to  advise  it
upon  such  matters  arising  out  of  the  administration  of  this  Act  or  any  Scheme  made
under  this Act  or  relating  to  the  application  of  the  provisions  of  this Act  to  any  particular
class  of  Security  Guards  and 2[principal  employer]  as  the Advisory  Committee  may  itself
consider  to  be  necessary  or  as  the  State  Government  may  refer  to  it  for  advice.

1.  These  words  were  inserted  by  Mah.  Ord.  4  of  1996  and  subsequently  by  Mah.  28  of  1996,  s. 7.
2. These  words  were  substituted  for  the  word  "employer", by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996, s.  8(a).

1981 : Mah. LVIII ] Maharashtra  Private  Security  Guards (Regulation

9

of  Employment and Welfare)  Act, 1981

(2) The  members  of  the Advisory  Committee  shall  be  appointed  by  the  State
Government  and  shall  be  of  such  number  and  chosen  in  such  manner  as  may  be
prescribed  :

Provided  that,  the  Advisory  Committee  shall  include  an  equal  number  of  members
representing  the 1[principal  employers],  the  Security  Guards  and  the  Legislature  of  the
State  and  the  members  representing  the  State  Government  shall  not  exceed  one-fourth
of  its  total  number  of  members.

(3) The Chairman  of  the Advisory Committee  shall  be  one  of  the  members,  appointed
to  represent  the  State  Government,  nominated  in  this  behalf  by  the  State  Government.

(4) The  State  Government  shall  publish  in  the Official  Gazette the  names  of  the

members  of  the  Advisory  Committee.

(5) The  meeting  of  the Advisory  Committee  and  procedure  to  be  followed  for  the

purpose  shall  be  regulated  according  to  the  rules  made  under  this  Act.

(6) The  term  of  office  of  members  of  the Advisory  Committee  shall  be  such  as  may

be  prescribed.

(7) A  member  of  the Advisory  Committee  (not  being  a  member  representing  the  State
Government)  shall  receive  travelling  and  daily  allowances  for  attending  meetings  of  the
Committee  at  such  rates  as  may  be  prescribed.

16. (1) The  Board  may  appoint  such  persons  as  it  thinks  fit  to  be  Inspectors
possessing  the  prescribed  qualifications  for  the  purposes  of  this Act  or  of  any  Scheme
and  may  define  the  limits  of  their  jurisdiction.

Inspectors
and  their
powers.

(2) Subject  to  any  rules  made  by  the  State  Government  in  this  behalf,  an  Inspector

may—

(a) enter  and  search  at  all  reasonable  hours,  with  such  assistants  as  he  thinks
fit,  any  premises  or  place,  where  Security  Guards  are  employed,  or  work  is  given  out
to  Security  Guards  in  any  factory  or  establishment,  for  the  purpose  of  examining  any
register,  record  of  wages  or  notices  required  to  be  kept  or  exhibited  under  any
Scheme,  and  require  the  production  thereof,  for  inspection ;

(b) examine  any  person  whom  he  finds  in  any  such  premises  or  place  and  who,
he  has  reasonable  cause  to  believe,  is  a  Security  Guard  employed  therein  or  a
Security  Guard  to  whom  work  is  given  out  therein ;

(c) require  any  person  giving  any  work  to  a  Security  Guard  or  to  a  group  of
Security  Guards  to  give  any  information,  which  is  in  his  power  to  give,  in  respect
of  the  names  and  addresses  of  the  persons  to  whom  the  work  is  given,  and  in
respect  of  payments  made,  or  to  be  made,  for  the  said  work ;

(d) seize  or  take  copies  of  such  registers,  records  of  wages  or  notices  or  portions
thereof,  as  he  may  consider  relevant,  in  respect  of  an  offence  under  this Act  or  any
Scheme,  which  he  has  reason  to  believe  has  been  committed  by  an  employer,
2[principal  employer]  ;  and

1.  These  words  were  substituted  for  the  word  "employer"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s. 8(b).

2. These  words  were  inserted, by  Mah.  Ord.  4  of  1996  and  subsequently  by  Mah.  28  of  1996,  s.  9.

10

 Maharashtra Private  Security  Guards  (Regulation
of  Employment and Welfare)  Act, 1981

[ 1981 : Mah. LVIII

(e) exercise  such  other  powers  as  may  be  prescribed :

Provided  that,  no  one  shall  be  required  under  the  provisions  of  this  section  to

answer  any  question  or  make  any  statement  tending  to  incriminate  himself.

(3) Every  Inspector  appointed  under  this  section  shall  be  deemed  to  be  a  public

servant  within  the  meaning  of  section  21  of  the  Indian  Penal  Code.

Cognizance
of  offences.

17. (1) No  Court  shall  take  cognizance  of  any  offence  made  punishable  by  a
Scheme  or  of  any  abetment  thereof,  except  on  a  complaint  in  writing  made  by  an
Inspector  or  by  a  person  specially  authorised  in  this  behalf  by  the  Board  or  the  State
Government.

XLV
o f
1860.

Prohibition
of  employ-
ment  of
children.

Application
of  Work-
men’s
Compensa-
tion  Act  to
Security
Guards.

Application
of  Payment
of  Wages
Act  to
Security
Guards.

(2)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973,  an
offence  made  punishable  by  a  Scheme  or  an  abetment  thereof  shall  be  triable  only  by
a  Metropolitan  Magistrate  or  a  Magistrate  of  the  first  class.

2  of
1974.

18. No  child  shall  be  required  or  allowed  to  work  as  a  Security  Guard.
Explanation.—"Child"  means  a  person  who  has  not  completed  fourteen  years  of age.

19. The  provisions  of  the Workmen’s  Compensation Act,  1923,  and  the  rules  made
thereunder,  shall mutatis  mutandis apply  to  the  registered  Security  Guards  employed  in
any  factory  or  establishment ;  and  for  that  purpose  they  shall  be  deemed  to  be
workmen  within  the  meaning  of  that Act ;  and  in  relation  to  such  workmen,  employer
shall  mean  where  a  Board  makes  payment  of  wages  to  any  such  workmen,  the  Board,
and  in  any  other  case,  the 1[principal  employer]  as  defined  in  this  Act.

IV  of
1936.

20. (1) Notwithstanding  anything  contained  in  the  Payment  of Wages Act,  1936
(hereinafter  referred  to  in  this  section  as  "the  said  Act"),  the  State  Government  may,
by  notification  in  the Official  Gazette, direct  that  all  or  any  of  the  provisions  of  the
said  Act  and  the  rules  made  thereunder  shall  apply  to  all  or  any  class  of  registered
Security  Guards  employed  in  any  factory  or  establishment,  with  the  modification  that,
in  relation  to  registered  Security  Guards,  employer  shall  mean,  where  Board  makes
payment  of  wages  to  any  such  Guards,  the  Board ;  and  in  any  other  case,  the 2[principal
employer]  as  defined  in  this Act ;  and  on  such  application  of  the  provisions  of  the  said
Act,  an  Inspector  appointed  under  this  Act  shall  be  deemed  to  be  the  Inspector  for
the  purpose  of  the  enforcement  of  such  provisions  of  the  said  Act  within  the  local
limits  of  his  jurisdiction.

(2) The  State  Government  may,  only  if  the Advisory  Committee  so  advises,  by  a  like

notification,  cancel  or  vary  any  notification  issued  under  sub-section  (1).

Application
of  Maternity
Benefit  Act
to  women
Security
Guards.

21. Notwithstanding  anything contained  in the  Maternity  Benefit Act,  1961  (hereinafter
referred  to  in  this  section  as  "  the  said Act"  ),  the  State  Government  may,  by  notification
in  the Official  Gazette,  direct  that  all  or  any  of  the  provisions  of  the  said Act  and  the
rules  made  thereunder  shall  apply  to  registered  Women  Security  Guards  employed  in
any  factory  or  establishment ;  and  for  the  purpose,  they  shall  be  deemed  to  be  women

53  of
1961.

1.  These  words  were  substituted  for  the  word  "employer"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s. 10.

2. These  words  were  substituted  for  the  word  "employer", by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,,  s.  11.

1981 : Mah. LVIII ] Maharashtra  Private  Security  Guards (Regulation

11

of  Employment and Welfare)  Act, 1981

within  the  meaning  of  the  said Act ;  and  in  relation  to  such  women,  employer  shall
mean,  where  a  Board  makes  payment  of  wages  to  such  women,  the  Board,  and  in  any
other  case 1[principal  employer]  as  defined  in  this Act ;  and  on  such  application  of  the
provisions  of  the  said  Act,  an  Inspector  appointed  under  this  Act  shall  be  deemed  to
be  the  Inspector  for  the  purpose  of  enforcement  of  such  provisions  of  the  said  Act
within  the  local  limits  of  his  jurisdiction.

22. Nothing  contained  in  this Act  shall  affect  any  rights  or  privileges,  which  any
registered  Security  Guard  employed  in  any  factory  or  establishment  is  entitled  to,  on
the  date  on  which  this Act  comes  into  force,  under  any  other  law,  contract,  custom  or
usage  applicable  to  such  Security  Guard,  if  such  rights  or  privileges  are  more  favourable
to  him  than  those  to  which  he  would  be  entitled  under  this Act  and  the  Scheme :

Rights  and
privileges
under  other
laws  not
affected  in
certain  cases.

Provided  that,  such  Security  Guard  shall  not  be  entitled  to  receive  any  corresponding

benefit  under  the  provisions  of  this  Act  and  the  Scheme.

23. The  State  Government  may,  after  consulting  the Advisory  Committee,  by
notification  in  the Official  Gazette, and  subject  to  such  conditions  and  for  such  period
as  may  be  specified  in  the  notification,  exempt  from  the  operation  of  all  or  any  of  the
provisions  of  this  Act  or  any  Scheme  made  thereunder,  all  or  any  class  or  classes  of
Security Guards  employed 2[by  the  agency  or  agent  as  may be  specified  in the  notification
and  deployed]  in  any  factory  or  establishment  or  in  any  class  or  classes  of  factories
or  establishment,  if  in  the  opinion  of  the  State  Government,  all  such  Security  Guards
or  such  class  or  classes  of  Security  Guards  are  in  the  enjoyment  of  benefits,  which  are
on  the  whole  not  less  favourable  to  such  Security  Guards  than  the  benefits  provided
by  or  under  this  Act  or  any  Scheme  made  thereunder  :

Exemptions.

3 *

*

*

*

*

4[Provided  that],  the  State  Government,  may  by  notification  in  the Official  Gazette,

at  any  time,  for  reasons  to  be  specified,  rescind  the  aforesaid  notification.

24. (1) The  State  Government  may,  at  any  time,  appoint  any  person  to  investigate
or  inquire  into  the  working  of  any  Board  of  Scheme  and  submit  a  report  to  the  State
Government  in  that  behalf.

Inquiry  into
working  of
the  Board.

(2) The  Board  shall  give  to  the  person  so  appointed  all  facilities  for  the  proper
conduct  of  the  investigation  or  inquiry,  and  furnish  to  him  such  documents,  accounts
or  information  in  possession  of  the  Board  as  he  may  require.

(3) Any  person  so  appointed  to  investigate  or  inquire  into  the  working  of  any  Board

or  Scheme  may  exercise  all  the  powers  of  an  Inspector  appointed  under  this  Act.

1.  These  words  were  substituted  for  the  word  "employer"  by  Mah.  Ord.  4  of  1996  and  subsequently

by  Mah.  28  of  1996,  s. 12.

2. These  words  were  inserted,  by  Mah.  Ord.  4  of  1996  and  subsequently  by  Mah.  28  of  1996,

s.  13(a).

3. The  first  proviso  was  deleted  by  Mah.  Ord.  4  of  1996  and  subsequently  by  Mah.  28  of  1996,

s.  13(b).

4. These  words  were  substituted  for  the  words  "Provided  further  that",  by  Mah.  Ord.  4  of  1996

and  subsequently  by  Mah.  28  of  1996,  s.  13(c).

12

 Maharashtra Private  Security  Guards  (Regulation
of  Employment and Welfare)  Act, 1981

[ 1981 : Mah. LVIII

Supersession
Supersession
of  the
of  the
Board.
Board.

25. (1) If  the  State  Government,  on  consideration  of  the  report  referred  to  in  sub-

section  (1)  of  section  24  or  otherwise,  is  of  the  opinion—

(a) that  the  Board  is  unable  to  perform  and  discharge  its  duties  and  functions ;

or

(b) that  the  Board  has  presistently  made  default  in  the  performance  and  discharge

of  its  duties  and  functions  or  has  exceeded  or  abused  its  powers,

the  State  Government  may,  by  notification  in  the Official  Gazette, supersede  the  Board
and  reconstitute  it  in  the  prescribed  manner,  within  a  period  of  twelve  months  from  the
date  of  supersession.  The  period  of  supersession  may  be  extended  by  the  State
Government  for  sufficient  reasons  by  a  like  notification  by  not  more  than  six  months :

Provided  that,  before  issuing  a  notification  under  this  sub-section  on  any  of  the
grounds  mentioned  in  clause  (b),  the  State  Government  shall  give  a  reasonable
opportunity  to  the  Board  to  show  cause  why  it  should  not  be  superseded,  and  shall
consider  the  explanations  and  objections,  if  any,  of  the  Board.

(2) After  the  supersession  of  the  Board  and  until  it  is  reconstituted,  the  powers,
duties  and  functions  of  the  Board  under  this  Act  and  any  Scheme  shall  be  exercised,
performed  and  discharged  by  the  State  Government,  or  by  such  officer  or  officers  as
the  State  Government  may  appoint  for  this  purpose.

(3) When  the  Board  is  superseded,  the  following  consequences  shall  ensue,  that  is

to  say  :—

(a) all  the  members  of  the  Board  shall,  as  from  the  date  of  publication  of  the

notification  under  sub-section  (1),  vacate  their  office ;

(b) all  the  powers,  duties  and  functions,  which  may  be  exercised,  performed  or
discharged  by  the  Board  shall,  during  the  period  of  supersession,  be  exercised,
performed  or  discharged  by  such  persons  as  may  be  specified  in  the  notification ;

(c) all  funds  and  other  property  vesting  in  the  Board  shall,  during  the  period  of
supersession,  vest  in  the  State  Government ;  and  on  the  reconstitution  of  the  Board,
such  funds  and  property  shall  revest  in  the  Board.

Contracting
out.

26. Any  contract  or  agreement,  whether  made  before  or  after  the  commencement  of
this  Act,  whereby  a  registered  Security  Guard  relinquishes  any  right  conferred  by,  or
any  privilege  or  concession  accruing  to  him  under  this  Act  or  any  Scheme,  shall  be
void  and  of  no  effect,  in  so  far  as  it  purports  to  deprive  him  of  such  right  or  privilege
or  concession.

General
penalty  for
offences.

27. Save  as  otherwise  expressly  provided  in  this Act,  any  person,  who  contravenes
any  of  the  provision  of  this Act,  or  any  rule  made  thereunder,  shall,  on  conviction,  be
punished  with  fine,  which  may  extend  to  five  hundred  rupees,  and  in  case  of  continued
contravention  thereof,  with  an  additional  fine  which  may  extend  to  one  hundred  rupees
per  day  for  every  day  during  which  such  contravention  continues.

Protection  of
action  taken
under  this
Act.

28. No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against  the  State
Government  or  the  Board  or  the  Chairman,  Secretary  or  any  member  of  the  Board  or
the Advisory  Committee  or  any  Inspector  or  any  other  officer  of  the  Board  for  anything
which  is  in  good  faith  done  or  intended  to  be  done  in  pursuance  of  this  Act  or  any
Scheme  or  any  rule  or  order  made  thereunder.

1981 : Mah. LVIII ] Maharashtra  Private  Security  Guards (Regulation

13

of  Employment and Welfare)  Act, 1981

29. (1) The  power  to  make  rules  under  this Act  shall  be  exercised  by  the  State
Government,  subject  to  the  condition  of  previous  publication  and  by  notification  in  the
Official  Gazette.

Power  to
make  rules.

(2) Without  prejudice  to  any  power  to  make  rules  contained  elsewhere  in  this Act,
the  State  Government  may  make  rules,  consistent  with  this  Act  generally  to  carry  out
the  purposes  of  this  Act.

30. Every  Scheme  and  every  rule  made  under  this Act  shall  be  laid,  as  soon  may
be  after  it  is  made,  before  each  House  of  the  State  Legislature,  while  it  is  in  session,
for  a  total  period  of  thirty  days  which  may  be  comprised  in  one  session  or  two
successive  sessions  and  if,  before  the  expiry  of  the  session  in  which  it  is  so  laid  or
the  session  immediately  following,  both  Houses  agree  in  making  any  modification  in  the
Scheme  or  the  rule,  or  both  Houses  agree  that  the  Scheme  or  the  rule  should  not  be
made  and  notify  such  decision  in  the Official  Gazette, the  Scheme  or  the  rule,  as  the
case  may  be,  shall  thereafter  from  the  date  of  publication  of  such  notification,  have
effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may be  ;  so,  however,
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the  validity  of
anything  previously  done  or  omitted  to  be  done  under  that  Scheme  or  rule.

Schemes  and
rules  to  be
laid  before
State
Legislature.

Mah.
Ord.  V
of 1981.

31. (1) The  Maharashtra  Private  Security  Guards  (Regulation  of  Employment  and

Welfare)  Ordinance,  1981  is  hereby  repealed.

(2) Notwithstanding  such  repeal  anything  done  or  any  action  taken  (including  any
notification  issued,  rules,  Scheme  or  any  order  made)  under  the  said  Ordinance,  shall
be  deemed  to  have  been  done,  taken,  issued  or  made,  as  the  case  may  be,  under  the
corresponding  provisions  of  this  Act.

Repeal  of
Mah.  Ord.
V of  1981
and  saving.

H-534-3927 Bks.CR4*-5.18

PRINTED  AT  GOVERNMENT  PRESS,  KOLHAPUR.

H-534-3927 Bks.CR4*-5.18

PRINTED  AT  GOVERNMENT  PRESS,  KOLHAPUR.

Maharashtra  Government  Publications
can  be  obtained  from–

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 THE SUPERVISOR

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 THE MANAGER

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AND THE RECOGNISED BOOK SELLERS

