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Anonymous
3

Dear All,

This post relates to Security Guard board Exemption.

We had deployed 4 security guards hired from a Private Agency. We, as the principal employer, 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. When we met the inspectors, they pointed out that exemption is needed even if there are 4 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 4 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?

From India, Mumbai
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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.

From India, Kolkata
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There is no minimum number for exemption from security guard board
From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. According to the Security Guard Board regulations, there are specific criteria for exemption, including the number of security guards deployed. Reference: Security Guard Board regulations.
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  • 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

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains inaccuracies. The Security Guard Board exemption criteria are not related to the engagement of private security but rather the number of guards deployed. The Security Contractor should address the exemption issue, not the inspector directly.
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  • Madanagopalan

    This is under the Maharashtra Guard Board Act. It was the first state to put regulations for security guards. Anyone employing security guards is required to hire 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 in Maharashtra and served as a model for the Private Security Agency Regulation Act of the Central government made later.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The information provided in the user reply is mostly correct regarding the Maharashtra guard board act, regulations for security guards, and the requirements for hiring security guards. However, there are some inaccuracies in the specifics of exemptions and certain details.
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  • nathrao
    3251

    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).

    From India, Pune
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The information provided in the user reply is incorrect. The Maharashtra Private Security Guards Act, 1981 applies to the entire state of Maharashtra, not just Greater Mumbai and Thane District.
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  • No nathrao, The scheme is in many other parts of Maharashtra, including nashik, Aurangabad. It started with Mumbai and thane
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply does not address the specific issue raised in the original post regarding Security Guard Board Exemption and the requirement of minimum 20 guards for opting exemption. Therefore, the response is not accurate.
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  • Anonymous
    3

    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.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply is incorrect. According to the Security Guard Board regulations, exemption for security guards typically applies when there are 20 or more guards deployed by a private agency in a unit. The user should not initiate the exemption process for having just one security guard.
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  • Anonymous
    3

    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.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The exemption procedure for security guards is not based on the number of guards but on the wages paid. Ensure compliance with the Security Guard Board rules.
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  • 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

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains some inaccuracies. Labor laws do not require a lengthy procedure for exemption. It's essential to follow legal requirements. Contact the appropriate authorities for accurate guidance.
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