¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

1

L. A. BILL No. XXXI OF 2025.

A BILL

to provide for the regulation of private placement agencies engaged in the

business of placement activities for job seekers and for matters connected

therewith or incidental thereto.

WHEREAS it is expedient to provide for the regulation of private

placement agencies engaged in the business of placement activities for job

seekers and for matters connected therewith or incidental thereto; it is hereby

enacted in the Seventy-sixth Year of the Republic of India as follows :–

1.

(1) This Act may be called the Maharashtra Private Placement

Agencies (Regulation) Act, 2025.

(2) It shall come into force on such date as the State Government may,

by notification in the Official Gazette, appoint.

Short title

and com-

mencement.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ

+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ--+

´É¹ÉÇ 11, +ÆEòú 8]

ºÉÉä¨É´ÉÉ®ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

[{ÉÞ¹`äö 10, ËEò¨ÉiÉ : ¯û{ɪÉä 36.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEòú 11

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɺɦÉäiÉ ´É ¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxÉ{ÉÊ®ú¹ÉnäùiÉ ºÉÉnù®ú Eäò±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on

the 24th March, 2025 is published under Rule 117 of the Maharashtra Legislative Assembly

Rules :—

RNI No. MAHBIL /2009/35528

¦ÉÉMÉ {ÉÉSÉ----+-11--1

————————

2

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

Definitions.

2.

In this Act, unless the context otherwise requires,–

(a) “employer” means a person who employs, whether directly or

through any person or private placement agency, or on his behalf, or on

behalf of any person, one or more employees in his establishment ;

(b) “establishment” means any office or place where any industry,

trade, business or occupation is carried on ;

(c) “Government” means the Government of Maharashtra ;

(d) “job seeker” means a person seeking work or employment ;

(e) “local office” means any field office of the Skills, Employment,

Entrepreneurship and Innovation Department or portal established or

maintained for implementation of this Act ;

(f) “overseas placement” means placement of a job seeker in

employment in foreign countries ;

(g) “placement” means actual appointment of a job seeker in any

establishment ;

(h) “placement activities” means activities conducted by private

placement agency for the purposes of employment of job seeker, through

any medium whether electronically or manually such as publication of

advertisement, mobilization of job seeker, collection of application,

scrutiny of applications, conducting a training or examination, sponsoring

or recommending the names of appropriate job seeker to the employers

and to communicate the details of the placement to the local office ;

(i) “prescribed” means prescribed by rules made under this Act ;

(j) “private placement agency” means a person or body of persons or

legal entities other than a Government agency, Government department

or Government organization, engaged in the placement activities for job

seeker or for any private or public employer within or outside the State

of Maharashtra or overseas placement ;

(k) “Registering Authority” means the Registering Authority

appointed by the State Government under section 4 ;

(l) “registration certificate” means a registration certificate issued

by the Registering Authority under section 4 ;

(m) “service charges” means an amount charged by the private

placement agency from an employer or from a job seeker for conducting

placement activities or for placement ;

(n) “State Controlling and Monitoring Authority” means the State

Controlling and Monitoring Authority appointed by the State

Government under section 8.

3.

(1) No private placement agency within the State shall carry out

placement activities for placement in private or public sector in the State of

Maharashtra or outside the State of Maharashtra and no private placement

agency which is outside the State shall carry out placement activities for

placement in private or public sector in the State of Maharashtra without a

valid registration certificate issued by the Registering Authority under this

Act:

Regulation of

placement

activities.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

3

Provided that, every private placement agency which is in existence on

or before the date of commencement of the Act shall obtain registration

certificate within one hundred and eighty days from the date of

commencement of this Act.

(2) Nothing in sub-section (1) shall apply to placement activities

conducted by any educational institution through campus selection directly

with the employer. The details of placement by any educational institution

through campus selection shall be communicated to the local office within

sixty days.

4.

(1) The State Government shall, by notification in the Official

Gazette, appoint an officer to be the Registering Authority, for such area as

may be specified therein, for the purposes of this Act.

(2) Every private placement agency engaged or intending to be engaged

in placement activities, shall make an application to the Registering Authority

for registration, in such form and in such manner, alongwith such documents

and such fees, as may be prescribed.

(3) On receipt of an application under sub-section (2), the Registering

Authority may, within a period of forty-five days from the date of receipt of

an application, after making such inquiries as it considers necessary, by an

order in writing, either grant a registration certificate with such terms and

conditions, as may be specified therein, or refuse to grant the same :

Provided that, no order of refusal of registration shall be made unless,—

(a) the applicant has been given a reasonable opportunity of being

heard ; and

(b) the grounds on which registration certificate is refused are specified

in the order.

(4) The registration certificate granted under this section,–

(a) shall be subject to such terms and conditions, as may be

prescribed;

(b) shall be valid for a period of five years, unless the same is

cancelled under section 6 ;

(c) may be renewed, from time to time, after the expiry of period

of five years, for further period of five years on payment of such

fees as may be prescribed ; and

(d) shall be non-transferable.

5.

(1) An application for renewal of registration certificate shall be

made to the Registering Authority, not less than forty-five days before the

date of expiry of the period of its validity in such form alongwith such

documents and such fees, as may be prescribed.

(2) The provisions of issue of registration certificate under section 4

shall mutatis mutandis apply for renewal of registration certificate.

6. (1) The Registering Authority may cancel any registration certificate

on any one or more of the following grounds, namely :–

(a) that the registration certificate has been obtained by

misrepresentation or suppression of material facts ;

(b) that the registration certificate holder has used false documents

or photographs ;

Renewal of

registration

certificate.

Cancellation

or

suspension

of

registration

certificate.

Registration

of private

placement

agency and

renewal

thereof.

¦ÉÉMÉ {ÉÉSÉ----+-11--2

4

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

Appeals.

(c) that the registration certificate holder has violated the provisions

of the Act or rules made thereunder or any of the terms and conditions

of the registration certificate ;

(d) that the registration certificate holder has misused information

obtained by him during the discharge of his duties as the private

placement agency to any industrial or business undertaking or a company

or any other person ;

(e) that the registration certificate holder by using any letter-head,

advertisement or any other printed matter or in any other manner

represented that the private placement agency is an instrumentality of

the Government or such agency is or has been using a name different

from that for which registration certificate has been granted ;

(f) that the registration certificate holder is or has been impersonating

or permitting or aiding or abetting anybody to impersonate as a public

servant ;

(g) that the registration certificate holder after obtaining the service

charges form job seeker is or has willfully failed or refused to render the

placement services agreed to any person ;

(h) that the registration certificate holder has done any act which is

in violation of a court order or an order of a lawful authority or is or has

been advising, encouraging or assisting any person to violate any such

order.

(2) Where the Registering Authority, for reasons to be recorded in

writing, is satisfied that pending the proceeding for cancelling of registration

certificate on any of the grounds mentioned in sub-section (1), it is necessary

to suspend the operation of the registration certificate, it may do so by an

order in writing for such period not exceeding six months, as may be specified

in order and require the registration certificate holder to show cause, within

fifteen days from the date of issue of such an order, as to why the suspension

of the registration certificate should not be extended till the determination

of the question of cancellation.

(3) Every order of suspention or cancellation of a registration certificate

shall be in writing and shall specify the reasons for such suspension or

cancellation and a copy thereof shall be communicated to the person affected.

(4) No order of cancellation of registration certificate under sub-section

(1) shall be made, unless the person concerned has been given a reasonable

opportunity of being heard.

7. (1) The State Government shall by notification published in the

Official Gazette, appoint an officer holding the post not below the rank of

Deputy Commissioner, Skill Development, Employment and Entrepreneurship,

to be the First Appellate Authority to hear and decide the appeal filed under

clause (a) of sub-section (3).

(2) The State Government shall by notification published in the Official

Gazette, appoint an officer holding the post not below the rank of

Commissioner, Skill Development, Employment and Entrepreneurship, to

be the Second Appellate Authority to hear and decide the appeal filed under

clause (b) of sub-section (3).

(3) (a) Any private placement agency aggrieved by an order of the

Registering Authority refusing registration under section 4 or renewal of

registration certificate under section 5 or cancellation or suspension of

registration certificate under section 6, may file an appeal against such order

to the First Appellate Authority within a period of sixty days from the date

of such order.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

5

State

Controlling

and

Monitoring

Authority.

(b) Any private placement agency aggrieved by an order of the First

Appellate Authority, may file an appeal to the Second Appellate Authority

within a period of sixty days from the date of such order :

Provided that, an appeal under clauses (a) and (b) may be admitted after

the expiry of the said period of sixty days if the appellant satisfies the

concerned Appellate Authority that he has sufficient cause for not filing an

appeal within that period.

(4) Every appeal under this section shall be made in such form as may

be prescribed and shall be accompanied by a copy of the order appealed against.

(5) Before disposing of an appeal, the Appellate Authority shall give

the appellant a reasonable opportunity of being heard.

8.

(1) The State Government may, by notification published in the

Official Gazette, appoint an officer holding the post not below the rank of the

Secretary to Government to be the State Controlling and Monitoring

Authority for exercising powers and discharging the functions assigned to it

under this Act.

(2) The State Controlling and Monitoring Authority shall exercise the

following powers and discharge the following functions, namely :–

(a) to monitor implementation of the provisions of the Act and the

rules made thereunder ;

(b) to supervise and review the work of the Registering Authority

and Appellate Authorities ;

(c) to advise the Registering Authority and Appellate Authorities

for implementation of this Act and the rules made thereunder ;

(d) any other powers and functions as may be prescribed.

9.

The private placement agency shall have the following responsibilities

and duties, namely :—

(a) the private placement agency shall furnish the details of

placement of job seekers to the Registering Authority within a period of

sixty days from the date of placement, within or outside the State of

Maharashtra or in overseas placement, in such form and such manner

as may be prescribed ;

(b) no private placement agency shall employ any person before

attaining the minimum age for employment as provided by or under any

law ;

(c) every private placement agency shall display a signboard of such

colour combination and size, as may be prescribed, outside its office

showing the name of private placement agency, address, contact details

and its registration certificate number ;

(d) every private placement agency shall display its registration

certificate issued by the Registering Authority in conspicuous place of

its office and also on it’s website, if any ;

(e) every private placement agency shall maintain a register of

placement of job seekers containing their names, sex, permanent

addresses, addresses for correspondence, photos, nature of work and

details of employers in such form and such manner as may be prescribed

and shall also maintain any other records as may be prescribed ;

(f) every private placement agency shall produce the registers and

any other records as directed by the Registering Authority for verifying

compliance with the provisions of the Act or the rules made thereunder ;

Responsi-

bilities and

duties of

private

placement

agencies.

¦ÉÉMÉ {ÉÉSÉ----+-11--2+

6

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

(g) the private placement agency shall not disclose any information

and data of job seeker to third party except the employer or the

Government ;

(h) the private placement agency shall not transmit information or

data of job seekers for any other unauthorised and illegal purpose and

also take adequate measures to ensure that the placement is not made

for illegal activities ;

(i) the private placement agency shall provide to job seeker the

same job which he has been assured of, and any alternative offer has to

be made with prior consent of the job seeker ;

(j) every official communication made by the private placement

agency shall bear its registration certificate number ;

(k) the private placement agency shall declare and publish service

charges charged by it for placement activities or for placements of job

seeker and related services in such manner as may be prescribed ;

(l) any other responsibilities and duties of private placement agency

shall be such as may be prescribed.

10.

(1) The local office may facilitate the registered private placement

agencies for identification and mobilization of job seeker within its

jurisdiction.

(2) The local office or any field office of any Department of Government

may organize the job fairs, career guidance, counselling workshops and

seminars jointly with registered private placement agencies to facilitate

placement.

11.

(1) Whoever contravenes the provisions of section 3 shall be

punished with imprisonment for a term which may extend to three years

and with fine which may extend to one lakh rupees.

(2) Whoever contravenes any provisions other than section 3 of this Act

or the rules made thereunder, shall be punished with fine which shall not be

less than fifty thousand rupees but which may extend to three lakhs rupees.

12.

(1) Where an offence under this Act or the rules made thereunder,

has been committed by a company, every person, who, at the time when the

offence was committed was in charge of, and was responsible to the company

for the conduct of the business of the company, as well as the company, shall

be deemed to be guilty of the offence and shall be liable to be proceeded

against and punished accordingly :

Provided that, nothing contained in this sub-section shall render any

such person liable to any punishment, if he proves that the offence was

committed without his knowledge or that he had exercised all due diligence

to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an

offence under this Act or the rules made thereunder, has been committed by

a company, and it is proved that the offence has been committed with the

consent or connivance of, or is attributable to any neglect on the part of, any

director, manager, secretary or other officer of the company, such director,

manager, secretary or other officer shall also be deemed to be guilty of the

offence and shall be liable to be prosecuted and punished accordingly.

Offences.

Offences by

companies.

Facilitation

to private

placement

agencies.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

7

Power to

remove

difficulties.

Provisions of

this Act to be

in addition to

any other law.

Explanation.— For the purposes of this section,–

(1) "company" means a body corporate and includes a firm or other

association of persons or body of individuals, whether incorporated or

not; and

(2) “director” in relation to a firm, means a partner in the firm, and

in relation to any association of persons or body of individuals, means

any member controlling the affairs thereof.

13.

No suit, prosecution or other legal proceedings shall lie against

the Government, any officer or the authority of the Government or any person

for anything which is done or intended to be done in good faith under this

Act or the rules or orders made thereunder.

14.

The provisions of this Act shall be in addition to and not in

derogation of the provisions contained in any other law, for the time being in

force.

15.

(1) The State Government may, by notification published in the

Official Gazette, and subject to the condition of previous publication, make

rules to carry out the purposes of this Act.

(2) Every rule made under this Act 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 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 rule or both Houses agree that the rule should

not be made, and notify such decision in the Official Gazette, the rule shall,

from the date 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.

16.

(1) If any difficulty arises in giving effect to the provisions of this

Act, the State Government may, as occasion arises, by an order published in

the Official Gazette, do anything not inconsistent with the provisions of this

Act, which appears to it to be necessary or expedient, for the purposes of

removing this difficulty :

Provided that, no such order shall be made after the expiry of the period

of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

Power to

make rules.

Protection of

acts done in

good faith.

8

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

STATEMENT OF OBJECTS AND REASONS

For the past two decades, there is a growth in placement activities by

private placement agencies. The private placement agencies have long

complemented the traditional employment market and they are now

considered as a catalyst for new forms of human resource management

services in India and foreign countries, which can be contributors to better

job opportunities conditions.

2. Considering the enhanced participation of private placement agencies

in the placement of job seeker, the Government considers it expedient to

enact a new law to provide for regulation of private placement agencies to

ensure transparency in placement activities, to safeguard the interests of

job seeker and to protect job seeker from exploitation and fraudulent practices

in placement activities.

3. The salient features of the law are as follows :—

(1) to prohibit private placement agencies to conduct placement

activity without a valid registration certificate under the proposed law;

(2) to provide for cancellation or suspension of registration

certificate on the grounds of misrepresentation or suppression of

material facts, violation of provisions of the law, etc.;

(3) to provide for appeals against the order of the Registering

Authority;

(4) to provide for the State Controlling and Monitoring Authority

to monitor and supervise implementation of the provisions of the law;

(5) to provide responsibilities and duties of private placement

agencies;

(6) to provide for facilitation by local offices to private placement

agencies for identification and mobilization of job seeker;

(7) to provide punishment for carrying out placement activities by

private placement agencies without valid registration certificate;

(8) to provide for organizing job fairs, career guidance, counseling

workshops and seminars jointly with registered private placement

agencies to facilitate placement and to bring better collaboration and

synergy between Government agencies, job seekers and job providers

leading to matching of skills and providing employment, both for domestic

and overseas market.

4.

The Bill seeks to achieve the above objectives.

MANGAL PRABHAT LODHA,

Mumbai,

Minister for Skills, Employment,

Dated the 21st March, 2025.

Entrepreneurship and Innovation.

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

9

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposals for delegation of legislative

powers, namely :—

Clause 1(2).— Under this clause, power is taken to the State Government

to bring the Act into force on such date as the State Government may, by

notification in the Official Gazette, appoint.

Clause 4.— Under this clause,—

(i) under sub-clause (1), power is taken to the State Government to

appoint the Registering Authority, by notification in the Official Gazette,

for such area, as may be specified therein;

(ii) under sub-clause (2), power is taken to the State Government

to prescribe by rules, the form of application, manner to make an

application, documents and fees for the registration of private placement

agency under the Act;

(iii) under sub-clause (4), power is taken to the State Government,—

(I) in paragraph (a), to prescribe by rules the terms and

conditions for registration certificate;

(II) in paragraph (c), to prescribe by rules the fees for the

renewal of registration certificate.

Clause 5 (1).— Under this clause, power is taken to the State Government

to prescribe by rules, the form of application, documents and fees for the

renewal of registration certificate.

Clause 7.— Under this clause, power is taken to the State Government,—

(i) under sub-clause (1), to appoint the First Appellate Authority

by notification in the Official Gazette;

(ii) under sub-clause (2), to appoint the Second Appellate Authority

by notification in the Official Gazette;

(iii) under sub-clause (3), power is taken to the State Government

to prescribe by rules the form of appeal.

Clause 8.— Under this clause, power is taken to the State Government,—

(i) under sub-clause (1), to appoint the State Controlling and

Monitoring Authority, by notification in the Official Gazette;

(ii) under sub-clause (2), to prescribe by rules, any other powers

and functions of the State Controlling and Monitoring Authority.

Clause 9.— Under this clause, power is taken to the State Government,—

(i) under sub-clause (a), to prescribe by rules, the form to furnish

the details of the placement of job seeker to the Registering Authority

and the manner therefor ;

(ii) under sub-clause (e), to prescribe by rules the form for details

of employers and the manner therefor and the other records to be

maintained by the private placement agency;

(iii) under sub-clause (k), to prescribe by rules the manner to declare

and publish service charges charged by the private placement for the

placement activities;

(iv) under sub-clause (l), to prescribe by rules any other

responsibilities and duties of the private placement agency.

10

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ {ÉÉSÉ-+ú, ¨ÉÉSÉÇ 24, 2025/SÉèjÉ 3, ¶ÉEäò 1947

Clause 15.— Under this clause, power is taken to the State Government

to make rules, by notification in the Official Gazette, to carry out the purposes

of the Act.

Clause 16.— Under this clause, power is taken to the State Government

to issue an order in the Official Gazette, for removing any difficulty which

may arise in giving effect to the provisions of the Act.

2.

The above-mentioned proposals for delegation of legislative power

are of normal character.

Vidhan Bhavan :

JITENDRA BHOLE,

Mumbai,

Secretaty (1) (I/C),

Dated : 24th March, 2025

Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.