Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Maharashtra State Security Corporation Ordinance, 2010 [11 March 2010] CONTENTS 1. Short Title And Commencement 2. Definition 3. Constitution Of Corporation 4. Constitution Of Security Force 5. Powers Of Managing Director And Directors Of Board 6. Appointment Of Members Of Security Force 7. Certificate Of Members Of Security Force 8. Training Of Security Force 9. Constitution Of Board 10. Duties Of Corporation 11. Duties Of Member Of Security Force 12. Discharge Of Functions By Corporation 13. Functions Of Managing Director 14. Function Of Board 15. Providing Security 16. Power Of Arrest Without Warrant 17. Office And Member To Be Public Servants 18. Member Of Security Force Deemed To Be Special Police Officers 19. Surrender Of Certificate Arms, Etc. By Persons Ceasing To Be Member Of Security Force 20. Protection Of Acts Of Officers And Members 21. Application Of Acts 22. Power To Make Rules 23. Absorption Of Certain Security Guards 24. Restrictions On Appointment Of Members Of Security Force Maharashtra State Security Corporation Ordinance, 2010 [11 March 2010] In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English of the Maharashtra State Security Corporation Ordinance, 2010 (Mah. Ord. IV of 2010), is hereby published under the authority of the Governor. By order and in the name of the Governor of Maharashtra, H. B. Patel, Secretary to Government, Law and Judiciary Department. AN ORDINANCE to provide for the establishment and regulation of the Maharashtra State Security Corporation in the State of Maharashtra and for matters connected therewith or incidental thereto. WHEREAS it is expedient to establish a Security Corporation in the State of Maharashtra for. the purposes of raising a Force for providing better protection and security to the State Government and Central Government offices, undertakings, employees of all such establishments, Public Sector Undertakings, Vital Installations, Financial Institutions, Religious Institutions, Educational Institutions, Cultural Institutions, Medical Institutions and the like; and on a specific request received from the Competent Authority to the infrastructure facilities like Major Bridges, Special Economic Zones, Private Ports and Jetties, Dams and Expressways, etc., either in joint venture with the Government or in respect of which Memorandum of Understanding has been signed between the Government or Government owned Corporation, etc., or separate provisions have been made by any other Government Department, Government Corporation, Government or Semi-Government entities; and to the Commercial Establishments including Malls, Multiplexes, Clubs and Hotels, etc., by providing professional services through well equipped manpower; and to provide technical consultancy services to all such establishments and institutions, etc., to deal with threats emanating including those from the terrorist organizations, anti-social elements and underworld criminals and for matters connected therewith or incidental thereto; AND WHEREAS it has become necessary to provide for the establishment and regulation of the Maharashtra State Security Corporation in the State of Maharashtra; AND WHEREAS both Houses of the State Legislature are not in session; AND WHEREAS the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to make a law, for the purposes aforesaid; NOW, Therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to promulgate the following Ordinance, namely:- 1. Short Title And Commencement :- (1) This Ordinance may be called the Maharashtra State Security Corporation Ordinance, 2010. (2) It extends to the whole of the State of Maharashtra. (3) It shall come into force at once. 2. Definition :- In this Ordinance, unless the context otherwise requires:- (a) " Board " means the Board of Directors constituted under section 9; (b) " charges " means charges as specified by, the Corporation; (c)" Commercial Establishment" means an establishment which carries on any industry, business, trade, profession or service or any work in connection with, or incidental or ancillary thereto; (d) " Competent Authority" means the person managing the affairs of the State and Central Government offices, undertakings, Industry, Industrial Undertakings, Public Sector Undertakings, Vital Installations, Financial Institutions, Religious Institutions, Cultural Institutions, Medical Institutions, Commercial Establishments and the like, a Managing Director, Managing Agent, General Manager, Manager, Chief Executive Officer, etc., and who exercise the control over the affairs of such undertakings or establishments or institutions; (e) " Corporation" means the Maharashtra State Security Corporation constituted under sub-section (1) of section 3; (f) " Director-General and Inspector-General"," Additional Director General and Inspector General", " Special Inspector General", "Deputy Inspector General" and "Superintendent" means respectively the " Director-General and Inspector-General of Police ", " Additional Director General and Inspector General of Police ", " Special Inspector General of Police ", " Deputy Inspector General of Police " and " Superintendent of Police ", as defined under the Bombay Police Act, 1951; (g) " Educational Institution" means an organisation, establishment, foundation, society, or the like, devoted to the promotion of a particular cause or programme, especially one of a public, educational or charitable; (h) " enrolled member of Security Force " means any member of the Corporation, other than a Supervisory officer and a subordinate officer; (i) " Financial Institution " means an Institution or organisation which collects funds from the public and places them in financial assets, offers financial services, like a Bank, Stock Exchange, Reserve Bank of India, ICICI, Industrial Development Bank of India, etc., or brokerage and insurance company that offers financial services such as deposit taking mutual fund checking accounts, loans, or various investment services including insurance; (j) " Government" or " State Government" means the Government of Maharashtra; (k) " Industry " means an Industry as defined under the Industrial Disputes Act, 1947, and also includes Company as defined under the Companies Act, 1956, or a firm registered under the Indian Partnership Act, 1932, which is engaged in any industry, or in any trade, business or service; (l) " Infrastructure facilities" means the basic physical and organisational structures needed for the operation of a society or enterprise, or the services and facilities necessary for an economy to function such as roads, bridges, expressways, water supply, sewers, power grids, telecommunications and the like; (m) " Medical Institution " means an institution created for the practice of medicine and includes hospitals, medical colleges and related facilities and services; (n) " Member of Security Force " means a person appointed, as a member of the Security Force under section 6; ( o ) " prescribed" means prescribed by rules made under this Ordinance; (p) " Religious Institution " means a place of public worship; (q) " Security Force " means a Security Force constituted under section 4; (r) " State Reserve Police Force" means the State Reserve Police Force constituted under the Bombay State Reserve Police Force Act, 1951; (s) " subordinate officer" means Officer of the Corporation, appointed under section 3, including an Inspector, Assistant Inspector, Sub-Inspector or Company Commander, Deputy Company Commander, Assistant Company Commander or any equivalent officer known by any other designation but does not include the Supervisory Officer and enrolled member of the Security Force; (t) " supervisory officer " means Officer of the Corporation, and includes any officer appointed by the Managing Director as a supervisory officer under section 3, other than a subordinate officer and enrolled member of the Security Force; (u) " vital installation " means an establishment, which if damaged o r sabotaged, affects the economy, safety and security of the Country or State directly or indirectly, like the Bhabha Atomic Research Centre, Atomic Power Stations, Power Grids, Petroleum Refineries and the like; (v) words and expressions used in this Ordinance, but not defined, in this Ordinance, shall have the meanings respectively assigned to them in the Bombay Police Act, 1951 or in any other Act in force. 3. Constitution Of Corporation :- ( 1 ) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Ordinance, a Corporation to be called the Maharashtra State Security Corporation. (2) The Corporation constituted under sub-section (1), shall be a body corporate, having perpetual succession and a common seal, with power to contract, acquire, hold and dispose of property, both movable and immovable, and to do all things necessary for the purposes of this Ordinance, and may sue and be sued by its corporate name. (3) The Corporation shall be headed by an officer of the rank of Additional Director General and Inspector General or Special Inspector General, appointed by the State Government by a notification in the Official Gazette, who shall be the Managing Director of the Corporation. ( 4 ) The Managing Director shall appoint requisite number of Supervisory Officers, Subordinate Officers, members and enrolled members of the Security Force, by whatever designation called, as per requirements of the Corporation. These members of the Security Force shall be of the rank of Deputy Inspector General or Superintendent or other ranks from the State Police or equivalent ranks from the armed forces, Central Police Forces, other State Police Forces and professionals, who shall be discharging functions under the immediate and overall supervision of the Managing Director. 4. Constitution Of Security Force :- The Corporation shall constitute the Security Force, which shall consist of such number of Supervisory Officers, Subordinate Officers, members and enrolled members of the Corporation, who shall receive such pay and remuneration as may be specified by the Managing Director. 5. Powers Of Managing Director And Directors Of Board :- The Managing Director of the Corporation, and the Directors of the Board shall exercise such powers as may be prescribed. 6. Appointment Of Members Of Security Force :- (1) The appointment of the members of the Security Force shall be made by the Managing Director, in the manner as may be prescribed: Provided that, the Managing Director, by an order as specified in this behalf, may authorise such other supervisory officer to exercise such power of the appointment under this section. (2 ) All members of the Corporation shall be employees of the Corporation, either on deputation from the Central Government or the State Government or on contract. 7. Certificate Of Members Of Security Force :- (1) Every member of the Security Force shall, on his appointment, receive a certificate in the form as may be specified by the Board, under the seal of the Managing Director or any other supervisory officer, as the Managing Director may authorise in this behalf. The person holding such certificate shall be vested with the powers of member of Security Force and shall also receive an Identity Card and Uniform, as may be prescribed. (2) Such certificate and Identity Card shall cease to have effect whenever a person named in it ceases, for any reason, to be a member of the Security Force. 8. Training Of Security Force :- The members of the Security Force including enrolled members of the Security Force shall have to undergo in respect of their duties a training as may be prescribed, at the training center or institution specified as such by the Corporation. 9. Constitution Of Board :- (1) There shall be a Board of Directors consisting of the Secretary- in-charge of the Home Department of the Government of Maharashtra, who shall be the Chairperson, and the Managing Director,. who shall be the Vice-Chairperson, either of whom shall chair the Board meetings. (2) The Board shall consist of the Managing Director, Director- General and Inspector-General, the Commissioner of Police, Mumbai, the Commissioner, State Intelligence Department, the Principal Secretary (Special) in the Home Department, Secretary- in-charge of the Finance Department, and Additional Director General and Inspector General or officer in. charge of the State Reserve Police Force as Director. The State Government may also appoint not more than two professional Directors on the Board. 10. Duties Of Corporation :- The Corporation shall perform the following duties, namely: (a) to provide protection and security to State and Central Government offices, undertakings, establishments, institutions, employees of all such establishments, Public Sector Undertakings. V it al Installations, Financial Institutions, Religious Institution, Cultural institutions, Medical Institutions and the like; and on a specific request received from the Competent Authority to the Infrastructure facilities like major bridges, Special Economic Zones, private ports and jetties, dams and expressways, etc., either in joint venture with the Government or in respect of which Memorandum of Understanding has been signed between the Government or Government owned Corporation, etc., or separate provisions have been made by any other Government Department, Government Corporation, Government or Semi-Government entities, and to the Commercial Establishment including Malls, Multiplexes, Clubs and Hotels, etc., by providing professional services through well equipped manpower to deal with threats emanating and including those from the terrorist organizations, anti-social elements and underworld criminals and for matters connected therewith or incidental thereto, on payment of such charges as may be specified by the Corporation; (b) to provide technical consultancy services to and conduct security audits of all such undertakings, establishments or institutions, on the issues of security at their request, on payment of charges as may be specified by the Corporation. 11. Duties Of Member Of Security Force :- It shall be the duty of every member of the Security Force, (a) to execute the orders issued under this Ordinance; (b) to protect and safeguard the undertakings, establishments or institutions together with such other installations as may be specified by the Corporation, to be vital for the carrying on the work of these undertakings, establishments, institutions and installations situated within the local limits of his jurisdiction; (c) to protect and safeguard such other undertakings, establishments, institutions and installation, on which he is deputed for the protection and security; (d) to protect and safeguard the employees of the undertakings, establishments, institutions and installations referred to in clauses (b) and (c); (e) to do any other act conducive to the better protection and security of the undertakings, establishments or institutions and installations referred to in clauses (6) and (c), and the employees referred in clause (d); (f) to provide technical consultancy services relating to security of any undertakings, establishments, institutions and installations; (g) to perform any other duty which may be entrusted to him by the Corporation, from time to time. 12. Discharge Of Functions By Corporation :- The Corporation shall discharge all its functions through its officers, members and enrolled members of the Security Force, in accordance with the provisions of this Ordinance and the rules made there under and the directions of the Board. 13. Functions Of Managing Director :- (1) The Managing Director of the Corporation shall report to the Board. (2) The Managing Director shall be in constant liaison with the Director-General and Inspector-General, and the Commissioner, State Intelligence Department, the Commissioner of Police, Mumbai and Subsidiary Multiple Agencies Committee to receive intelligence inputs which may guide the operations of the Corporation. 14. Function Of Board :- (1) The Board shall lay down the policy guidelines, from time to time, for discharging the functions of the Corporation. (2) The Board shall also help the Corporation, in discharge of its duties. 15. Providing Security :- (1) The State Government offices, Organisations and Public Sector Undertakings of the State Government shall be mandated to take security from the Corporation. (2) All Vital Installations of the State Government shall get a security audit of their installations conducted by the Corporation on payment of the requisite charges, as may be specified by the Corporation and they shall abide by its suggestions including number of members of Security Force required for its security. 16. Power Of Arrest Without Warrant :- In order to give effect to the provisions of this Ordinance, the procedure and power to arrest shall be exercised by the members of the Security Force, as provided under Chapter V of the Code of Criminal Procedure, 1973, arid such member shall hand over the custody of a person arrested to the nearest police station without any delay. 17. Office And Member To Be Public Servants :- The Officers and members of the Security Force, so appointed under this Ordinance, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. 18. Member Of Security Force Deemed To Be Special Police Officers :- (1) The members of the Security Force, so appointed, under this Ordinance, shall be deemed to be Special. Police Officers within the meaning of section 21 of the Bombay Police Act, 1951. (2) Every member of the Security Force shall have power to use allotted weapons as may be required for the discharge of his duties. 19. Surrender Of Certificate Arms, Etc. By Persons Ceasing To Be Member Of Security Force :- (1) Every person who for any reason, ceases to be a member of the Security Force, shall forthwith surrender to any Supervisory Officer empowered to receive the same, his certificate of appointment, Identity Card, the arms and ammunitions, clothing and all other articles which have been furnished to him for the performance of duties as a member of the Security Force. (2) Any person who willfully neglects or refuses to surrender his certificate of appointment, Identity Card, the arms and ammunitions, clothing and other articles which have been furnished to him, as required by sub-section (1), shall, on conviction, be punished with imprisonment for a term which may extend to six months, or fine which may extend to ten thousand rupees, or with both. 20. Protection Of Acts Of Officers And Members :- No member of the Security Force, Managing Director, Director of the Board, Officers of the Corporation, Corporation and the Board shall be liable for any criminal or civil action in any suit or proceeding for the act done in good faith in the discharge of duties in furtherance of the object of this Ordinance. 21. Application Of Acts :- T he Police (Incitement to Disaffection) Act, 1922 and the Police Forces (Restriction of Rights) Act, 1966 shall apply to the members of the Security Force. 22. Power To Make Rules :- ( 1 ) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ordinance. (2) Except when the rules are made for the first time, all rules made under this Ordinance shall be subject to the condition of previous publication. (3) Every rule made under this Ordinance shall be laid, as soon as 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 in two or more successive sessions, and if, before expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the Official Gazette, the rules shall, 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 rule. 23. Absorption Of Certain Security Guards :- After the constitution of the Corporation, services of certain eligible security guards, appointed by the Security Guards Board under the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 and the Maharashtra Ex-Servicemens Corporation, constituted by the Government Order, General Administration Department, No. MSM-1099/2390/C.R. No. 244/99/28, dated the 18th January 2002, shall be absorbed in the Corporation as a member of the Security Force, on the same salary and other terms and conditions of service which were applicable to them immediately before the constitution of the Corporation; and such conditions of service shall not be varied to their disadvantage or such member of the Security Force shall not be removed from service by the Corporation, except in the manner prescribed. 24. Restrictions On Appointment Of Members Of Security Force :- Notwithstanding anything contained in the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981 or in the Government Order, General Administration Department, No. MSM-1099/2390/C.R. No. 244/99/28, dated the 18th January 2002, no person shall be appointed by the Security Guards Board or the Maharashtra Ex-servicemens Corporation as a security guard without consultation with the Corporation. STATEMENT: 1. In the wake of recent terrorist attack at Mumbai and considering the existing security scenario, there has been increased number of demands from various organizations, Government establishments, private sectors as well as industrial establishments for providing security by deploying police force. The existing police force is, however, not sufficient to cater the requirements. 2. The Government of India has also brought to the notice of the State Government that keeping in view the threat perceptions to various private sectors as well as Government organizations, the Government of India has amended Central Industrial Security Force Act, 1968 (50 of 1968), so as to make available security services to private and joint venture industrial undertakings, etc. The Government of India has, however, pointed out that in view of the large number of demands, it will not be possible for the Central Industrial Security Force (CISF) to deploy their personnel and meet the requirements and has, therefore, suggested that the State Government should also consider raising its own Industrial Security Force. The availability of the State Industrial Security Force will share the burden on CISF and ensure wider coverage of industries, both in private and public sectors, thereby enabling the deployment of the CISF on more sensitive and strategic installations. 3. Considering all the above aspects, the State Government has considered it expedient to constitute the Maharashtra State Security Corporation, to provide for constituting Security Force for providing better protection and security for public undertakings, vital installations, financial institutions, religious institutions, educational institutions, cultural institutions, medical institutions, commercial establishments, including malls, multiplexes, clubs, hotel establishments, as well as to private ports, jetties, bridges, dams, expressways, Special Economic Zones, etc. The Maharashtra State Security Corporation, shall provide security personnel and man power by giving professional services through well-equipped force on payment of charges. 4. As both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to1 take immediate action to make a law, for the purposes aforesaid, the Maharashtra State Special Security Corporation Ordinance, 2009 (Mali. Ord. XX of 2009), was promulgated by the Governor of Maharashtra on the 31st August 2009. 5. Thereafter, the regular session of the State Legislature was convened by the Honble Governor on the 8th December 2009; and a Bill for converting the said Ordinance into an Act of the State Legislature was introduced in the Maharashtra Legislative Assembly as L. A. Bill No. XXI of 2009, on the 8th December 2009 and passed by the Maharashtra Legislative Assembly on the 22nd December 2009. The said Bill was transmitted to the Maharashtra Legislative Council for consideration, however, it could not be passed as the session of the Maharashtra Legislative Council was prorogued on the 23rd December 2009. In the meanwhile, as the Maharashtra Legislative Assembly was reassembled on the 9th November 2009 and the Maharashtra Legislative Council was reassembled on the 11th November 2009, as provided by the Explanation to clause (2) of article 213 of the Constitution of India, the said Ordinance has ceased to operate at the expiration of six weeks from the 11th November 2009, that is, after the 22nd December 2009. 6. As both Houses of the State Legislature are not in session and the Governor of Maharashtra is satisfied that circumstances exist which render it necessary for him to take immediate action to make a law, for the purposes aforesaid, this Ordinance is promulgated. Mumbai, K. Sankaranahayanan, Dated the 11th March 2010. Governor of Maharashtra. By order and in the name of the Governor of Maharashtra, Prem Krishna Jain, Principal Secretary (Special) to Government.