Chhattisgarh Private Placement Agencies (Regulation) Act, 2013
No: 23 Dated: Jul, 31 2013
CHHATTISGARH PRIVATE PLACEMENT AGENCIES (REGULATION) ACT, 2013
An Act to provide for the regulation of Private Placement Agencies and for matters connected therewith or incidental thereto.
Be it enacted by the Chhattisgarh Legislature in the Sixty-fourth Year of the Republic of India, as follows : -
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Chhattisgarh Private Placement Agencies (Regulation) Act, 2013.
(2) It extends to the whole of the State of Chhattisgarh.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.
2. Definitions. - (1) In this Act, unless the context otherwise requires, -
(a) "Appellate Authority" means an officer or Authority authorized by the State Government to hear appeal under Chapter-Ill of this Act;
(b) "Controlling Authority" means the Controlling Authority appointed under Section 3;
(c) "Domestic Worker" means a person engaged, through Private Placement Agency, to do domestic work;
(d) "Government" means the Government of Chhattisgarh;
(e) "Licence" means a lincence granted under Section 5;
(f) "Notification" means a notification published in the Official Gazette;
(g) "Prescribed" means prescribed by rules made under this Act;
(h) "Private Placement Agency" means a person or body of persons other than a Government Agency, Department or Organization engaged in the business of providing work to any woman as domestic worker beyond the boundaries of Chhattisgarh;
(i) "Woman" means a woman as defined under Section 10 of Indian Penal Code, 1860 (No. 45 of 1860).
(2) Words and expressions not defined in this Act shall have the same meaning as defined under any other corresponding law for the time being in force.
CHAPTER II
Controlling authority and Licence
3. Appointment of Controlling Authority. - The State Government shall, by notification in the Official Gazette, -
(a) Appoint any person not below the rank of Sub-Divisional Magistrate, to be Controlling Authority for the purposes of this Act, and
(b) define the limits within which a Controlling Authority shall exercise the powers conferred on him, by or under this Act.
4. Persons or Private Placement Agency not to operate without licence. - No person or Private Placement Agency shall carry on or commence the business of Private Placement Agency, unless he holds a Licence issued under this Act:
Provided that a Private Placement Agency which came into existence before the notification of his Act, shall obtain Licence within Ninety days of the notification of this Act.
5. Application for Grant and renewal of Licence. - (1) Every application for grant of Licence under Section 4 shall be in such form and manner as may be prescribed and shall be accompanied by fee of Rupees five thousand and Bank Guarantee of Rupees One lakh.
(2) Controlling Authority may make such investigation in respect of the application received under sub-section (1) and in making such investigation the Controlling Authority shall follow such procedure as may be prescribed.
(3) A Licence shall be issued on such terms and oh such conditions as may be prescribed.
(4) A Licence issued under this Section shall remain valid for a period of five years and may be renewed from time to time on payment of such fees and on such condition as may be prescribed.
6. Cancellation and suspension of Licence. - (1) If the Controlling Authority is satisfied either on the reference made to him in this behalf or otherwise, that -
(a) a Licence issued under Section 4 has been obtained by misrepresentation or suppression of material fact, or
(b) that the Licence holder has, without reasonable cause failed to comply with the conditions or contravened any of the provisions of this Act or rules made thereunder.
then, without prejudice to any other penalty which the holder of the Licence is liable under this Act, the Controlling Authority may, after giving the holder of the Licence an opportunity to be heard by an order in writing revoke the Licence or forfeit the bank guarantee furnished under subsection (1) of Section 5 by him or any part thereof and communicate the order to the holder of the licence :
Provided that where the Controlling Authority considers it necessary so to do for special reasons, he may, pending such revocation or forfeiture, by order, suspend the Licence for such period as may be specified in the order and serve, by registered post, such order on the holder of the Licence.
(2) Subject to any rules, that may be made in this behalf, the Controlling Authority or amend a Licence issued under this Act.
CHAPTER III
Appeal
7. Appeals. - (1) Any person aggrieved by an order, or the Controlling Authority, made under Section 5 or 6, may prefer an appeal, in such form and manner as may be prescribed, against the order to the Appellate Authority within a period of thirty days of the date of receipt of such order:
Provided that an appeal may be admitted after the expiry of the said period of thirty days if the appellant satisfies the Appellate Authority that he has sufficient cause for not preferring the appeal within that period.
(2) Before disposing of an appeal, the Appellate Authority shall give the appellant a reasonable opportunity of being heard.