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CENTRAL INDUSTRIAL SECURITY FORCE ACT

Ministry of Law and Justice

Act nº 50 of 1968


  • Schedules
  • Act nº 50 of 1968

Preamble

THE CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968

[Act, No. 50 of 1968 ]

[ 2 nd December, 1968 ]

PREAMBLE

1[An Act to provide for the constitution and regulation of an armed force of the Union for the better protection and security of industrial undertakings owned by the Central Government, certain other industrial undertakings, employees of all such undertakings and to provide technical consultancy services to industrial establishments in the private sector and for matters connected therewith.]

BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:--

1 . Substituted by the Industrial Security Force (Amendment and validation) Act, 1999 w.e.f. 29-12-1999 prior to substitution it reader as under:

"An Act, to provide for the contitution and regulation of an armed force of the Union fo r the better protection and security of industraial undertakings owned by the central Goverment and certain other industrial undertaking and the employees of all such industrial undertakings and for matters connected therewith"


Section 1. Short title, extent and commencement

( 1 ) This Act may be called the Central Industrial Security Force Act, 1968 .

( 2 ) It extends to the whole of India.

( 3 ) It sh all come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1 . Came into force on 10 - 3 - 1969 .


Section 2. Definitions

(1) In this Act, unless the context otherwise requires,--

1 [(a) "Director-General" means the Director-General of the Force appointed under section 4;

(aa) "enrolled member of the Force" means any subordinate officer, under officer or any other member of the Force of a rank lower than that of an under officer;

(ab) "Force" means the Central Industrial Security Force constituted under section 3;

(ac) "Force custody" means the arrest or confinement of a member of the Force in accordance with rules made under this Act;]

(b) "industrial undertaking" means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by Parliament by law;

(c) "industrial undertaking in public sector" means an industrial undertaking owned, controlled or managed by--

(i) a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956);

(ii) a corporation established by or under a Central Provincial or State Act, which is controlled or managed by the Government;

2[(ca) "industrial establishment" means an industrial undertaking or a company as defined under section 3 of the Companies Act, 1956 (1 of 1956) or a firm registered under section 59 of the Indian Partnership Act, 1932 (9 of 1932) which is engaged in any industry, or in any trade, business or service;]

7[(cb) "joint venture" means a venture jointly undertaken by the Central Government or State Government with private industrial undertaking;]

3[***]

(e) "Managing Director", in relation to an industrial undertaking, means the person (whether called a managing agent, general manager, manager, chief executive officer or by any other name) who exercises control over the affairs of that undertaking;

(f) "members of the Force" means a person appointed to the Force under this Act 4 [***];

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

7[(ga) "private industrial undertaking" means an industry owned, controlled or managed by a person other than the Central or State Government or any industrial undertaking in public sector;]

(h) "scheduled industry" means any industry engaged in the manufacture or production of the articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951;

5[(ha) "subordinate officer" means a person appointed to the Force as an Inspector, a Sub-Inspector or an Assistant Sub-inspector;]

(i) "supervisory officer" means any of the officers appointed under section 4 and includes any other officer appointed by the Central Government as a supervisory officer of the Force;

5[(j) "under officer" means a person appointed to the Force as a Head Constable, Naik or Lance Naik.]

6[(2) Any reference in this Act to a law which is not in force in any area shall, in elation to that area, be construed as a reference to the corresponding law, if any, in force in that area.]

1. Substituted for clause (a) by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 3, (15-6-1983).

2. Inserted by the Central Industrial Security Force (Amendment and Validation) Act of 1999, w.e.f. 29-12-1999.

3. Clause (d) omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 3 (15-6-1983).

4. The words "other than a supervisory officer" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 3 (15-6-1983).

5. Inserted by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 3 (15-6-1983).

6. Substituted for Sub-sec (2) by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 3, (15-6-1983).

7. Inserted by the Central Industrial Security Force (Amendment) Act, 2009.


Section 3. Constitution of the Force

(1) There shall be constituted and maintained by the Central Government 1 [an armed force of the Union] to be called the Central Industrial Security Force for the better protection and security of industrial undertakings owned by that Government 4[Joint venture or private industrial undertaking] 2[and to perform such other duties as may be entrusted to it by the Central Government].

(2) The force shall be constituted in such manner, shall consist of such number of 3 [supervisory officers, subordinate officers, under officers and other enrolled members] of the Force who shall receive such pay and other remuneration as may be prescribed.

1. Substituted for the words " a Force" by the Central inudstrial Security Force (Amendment) Act (14 of 1983), section 4 (15-6-1983).

2. Inserted by the Central inudstrial Security Force (Amendment and validation) Act, 1999, w.e.f. 29-12-1999.

3. Substituted by for the words "supervising officers and members ", by the Central Industrial Security force (Amendment) Act (14 of 1983, Section 4(15-6-1983).

4. Inserted by the Central Industrial Security Force (Amendment) Act, 2009.


Section 4. Appointment and powers of supervisory officers

3[(1) The Central Government may appoint a person to be the Director-General of the Force and such other supervisory officers as considered necessary.]

(2) The 2 [Director General] and every other supervisory officer so appointed shall have, and may exercise, such powers and authority as is provided by or under this Act.

1. Substituted for sub-section (1) by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 5, (15-6-1983).

2. Substituted for the words " inspector General", by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 5, (15-6-1983).

3. Substituted by the Central Industrial Security Force (Amendment) Act, 2009 Previous text was

"1[(1) The Central Government may appoint a person to be the Director-General of the Force and may appoint other persons to be Inspector-General, Deputy Inspectors-General, Commandants, Deputy Commandants or Assistant Commandants of the Force.]"


Section 5. Appointment of enrolled member of the Force

The 1 [appointment of the enrolled members of the Force shall rest with the Director-General] who shall exercise that power in accordance with rules made under this Act:

Provided that the power of appointment under this section may also be exercised by such other supervisory officer as the Central Government may by order specify in this behalf.

1. Substituted for the words "appointment of members of the Force shall rest with the Inspector-General"by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 6, (15-6-1983).


Section 6. Certificates of members of the Force

1 [(1) Every enrolled member of the Force shall receive on his appointment a certificate in the form specified in the Schedule, under the seal of the Director-General or such other supervisory officer as the Director-General may specify in this behalf by virtue of which the person holding such certificate shall be vested with the powers of an enrolled member of the Force.]

(2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be 2 [an enrolled member] of the Force.

1. Substituted for the Sub-section (1) by the Central Industrial Security force (Amendment) Act (14 of 1983), section 7, (15-6-1983).

2. Substituted for the words "a member" by the Central Industrial Security force (Amendment) Act (14 of 1983), section 7, (15-6-1983).


Section 7. Superintendence and administration of the Force

1 [(1) The superintendence of the Force shall vest in the Central Government, and subject thereto and to the provisions of this Act and of any rules made thereunder, the command, supervision and administration of the Force shall vest in the Director-General.]

(2) Subject to the provisions of sub-section (1), the administration of the Force within such local limits as may be prescribed shall be carried on by 4[such other supervisory officers as considered necessary] in accordance with the provisions of this Act and of any rules made thereunder and every supervisory officer placed in charge of the protection and security of an Industrial undertaking 5[Joint venture or private industrial undertaking] shall, subject to any directions that may be given by the 3 [Central Government or the Director-General] in this behalf, discharge his functions under the general supervision, direction and control of the Managing Director of that undertaking.

1. Substituted for sub-section (1) by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 8, (15-6-1983).

2. Substituted for the words "a Deputy Inspector-General, Chief Security Officer or Security Officer"by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 8, (15-6-1983).

3. Substituted for the words "Central Government", by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 8, (15-6-1983).

4. Substituted by the Central Industrial Security Force (Amendment) Act, 2009 Previous text was

2[an Inspector General, a Deputy Inspector-General, a Commandant, a Deputy Commandant or an Assistant Commandant]

5. Inserted by the Central Industrial Security Force (Amendment) Act, 2009.

Section 8. Dismissal, removal, etc., of members of the Force

Subject to the provisions of article 311 of the Constitution and to such rules as the Central Government may make under this Act, any supervisory officer may--

(i) dismiss, 1 [remove] 2 [, order for compulsory retirement of,] or reduce in rank, any 3 [enrolled member] of the Force whom he thinks remiss or negligent in the discharge of his duty, or unfit for the same; or

(ii) award any one or more of the following punishments to any 3 [enrolled member] of the Force who discharges his duty in a careless or negligent manner, to who by any act of his own renders himself unfit for the discharge thereof, namely:--

(a) fine to any amount not exceeding seven days' pay or reduction in pay scale;

(b) drill, extra guard, fatigue or other duty;

(c) removal from any office of distinction or deprivation of any special emolument;

2 [(d) withholding of increment of pay with or without cumulative effect;

(e) withholding of promotion;

(f) censure.]

1. Substituted for the words "suspend" by the Central Industrial Security Force (Amendment) Act (20 of 1989), section 3, (18-5-1989).

2. Inserted by the Central industries Security Force (Amendment and validation) Act 40 of 1999, section 5 w.e.f. 29-12-1999

3. Substituted for "member" by the Central Industrial Security Force (Amendment) Act (14 of 1983), section 13 and Schedule, (15-6-1983).

Section 9. Appeal and revision

( 1 ) Any1[enrolled me mber] of the Force aggrieved by an ord er made under section 8 may, within thirty days from the date on which the ord er is communicated to hi m, prefer an appeal against the ord er to such authority as may be prescribed, and2[subject to the provisions of sub -section ( 2 A), sub -section ( 2B ) and sub -section ( 3 )] the decision of the said authority thereon sh all be final:

Provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

( 2 ) In disposing of an appeal, the prescribed authority sh all follow such procedure as may be prescribed.

3[( 2 A) Any enrolled me mber of the Force aggrieved by an ord er passed in appeal under sub -section ( 1 ) may, within a period of six months from the date on which the ord er is communicated to hi m, prefer a revision petition against the ord er to such authority as may be prescribed and in disposing of the revision petition, the said authority sh all follow such procedure as may be prescribed.

( 2B ) The authority, as may be prescribed for the purpose of this sub -section, on a revision petition preferred by an aggrieved enrolled me mber of the force or suo moto, may call for, within a prescribed period, the records of any proceeding under section 8 or sub -section ( 2 ) or sub -section ( 2 A) and such authority may, after making inquiry in the prescribed manner, and sub ject to the provisions of this Act, pass such ord er thereon as it thinks fit.]

( 3 ) The Central Government may call for and examine the record of any proceeding4[under section 8, sub -section ( 2 ), sub -section ( 2 A) or sub -section ( 2B )] of this section and may make such inquiry or cause such inquiry to be made and sub ject to the provisions of this Act, may pass such ord er thereon as it thinks fit:

Provided that no ord er imposing an enhanced penalty under sub -section ( 2 ) or sub -section ( 3 ) sh all be made unless a reasonable opportunity of being heard has been given to the person affected by such ord er.

1 . Substituted for the word "member" b y the Central Security Industrial Force (Amendment) Act, ( 14 of 1983), section 13 and Schedule, ( 15 - 6 - 1983 ).

2 . Substituted for "subject to the provisions for "subject to the provisions b y the Central Industrial Security Force (Amendment and Validation) Act, 1999, w .e.f . 29 - 12 - 1999 .

3 . Inserted b y the Central Industrial Security Force (Amendment and Validation) Act, 1999, w .e.f . 29 - 12 - 1999.

4 . Substituted for "under section 8 or under sub -section ( 2 )" b y the Central Industrial Security Force (Amendment and Validation) Act, 1999, w .e.f . 29 - 12 - 1999 .


Section 10. Duties of members of the Force

It shall be the duty of every 1 [***] member of the Force--

(a) promptly to obey and execute all orders lawfully issued to him by his superior authority;

(b) to protect and safeguard the industrial undertakings owned by the Central Government together with such other installations as are specified by that Government to be vital for the carrying on of work in those undertakings, situate within the local limits of his jurisdiction:

Provided that before any installation not owned or controlled by the Central Government is so specified, the Central Government shall obtain the consent of the Government of the State in which such installation is situate;

(c) to protect and safeguard 4[any joint venture, private industrial undertaking and] such other industrial undertakings and installations for the protection and security of which he is deputed under section 14;

2 [(d) to protect and safeguard the employees of the industrial undertakings and installations referred to in clauses (b) and (c);

(e) to do any other act conducive to the better protection and security of the industrial undertakings and installations referred to in clauses (b) and (c) and the employees referred to in clause (d);]

3 [(f) to provide technical consultancy services relating to security of any private sector industrial establishments under section 14A;

(g) to protect and safeguard the organisations owned or funded by the Government and the employees of such organisations as may be entrusted to him by the Central Government;

(h) any other duty 4[within and outside India] which may be entrusted to him by the Central Government from time to time.]

1. The words "supervisory officer and" omitted by the Central Industrial Security Force (Amendmdnt) Act (14 of 1983), Section 13 and Schedule (15-6-1983).

2. Substituted for clause (d) by the Central Industrial Security Force (Amendmdnt) Act, (20 of 1989), Section 4, (18-5-1989).

3. Inserted by the Central Industrial Security Force (Amendmdnt and Validation) Act, 1999, w.e.f. 29-12-1999.

4. Inserted by the Central Industrial Security Force (Amendment) Act, 2009.


Section 11. Power to arrest without warrant

-1 [(1) Any member of the Force may, without any order from a Magistrate and without a warrant, arrest--

2 [(i) any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to any employee, referred to in clause (d) of section 10, or to him or any other member of the Force, in discharge of his duty as such employee or in execution of his duty as such member, as the case may be, or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member;]

(ii) any person who has been concerned in, or against when a reasonable suspicion exists of his having been concerned in, or who is bound taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence which relates to property belonging to, or in the premises of, any industrial undertaking referred to in clauses (b) (c) of section 10, or relates to the other installations or to property in the premises of the other installations, referred to in those clauses;

(iii) any person who commits or attempts to commit a cognisable offence which involves or which is likely to involve 3 [***] danger to the life of any person engaged in carrying on any work relating to any undertaking or installations referred to in clauses (b) and (c) of section 10.]

(2) If any person is found trespassing on the premises of any industrial undertaking referred to in clauses (b) and (c) of section 10, he may, without prejudice to any other proceedings which may be taken against him, be removed from such premises by an 4 [***] member of the Force.

1. Substituted for sub-section (1) by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 9, (15-6-1983).

2. Substituted for clause (i) by the Central Industrial Security Force (Amendment) Act (20 of 1989), Section 5, (18-5-1989).

3. The word "imminent" omitted by the Central Industrial Security Force (Amendment) Act (20 of 1989), Section 5 (18-5-1989).

4. The words "supervisory officer or" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 9 (15-6-1983).


Section 12. Power to search without warrant

(1) Whenever 1 [***] any member of the Force, not below the prescribed rank, has reasons to believe that any such offence as is referred to in section 11 has been or is being committed and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain the offender and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence.

(2) The provisions of the 2 [Code of Criminal Procedure, 1973 (2 of 1974)], relating to searches under that Code shall, so far as may be, apply to searches under this section.

1. The words "any supervisory officer, or" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 13 and Schedule (15-6-1983).

2. Substituted for words "Code of Criminal Procedure, 1898" by the Central Industrial Security Force (Amendment) Act (14 of 1983, Section 13 and Schedule, (15-6-1983).


Section 13. Procedure to be followed after arrest

Any 1 [***] member of the force making an arrest under this Act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest.

1. Words "supervisory officer or" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 13 and Schedule (15-7-1983).


Section 14. Deputation of the Force to industrial undertakings in public sector joint venture or private sector

(1) Subject to any general directions which may be issued by the Central Government, it shall be lawful for the 1 [Director-General], on a request received in this behalf from the Managing Director concerned of an industrial undertaking in public sector, 3[joint venture or private sector] showing the necessity thereof, to depute such number of 2 [***] members of the Force as the 1 [Director-General] may consider necessary for the protection and security of that industrial undertaking and any installations attached thereto and the 2 [***] members of the Force so deputed shall be at the charge of the Managing Director:

Provided that in the case of an undertaking owned, controlled or managed,--

(i) by a Government company of which the Central Government is not a member;

(ii) by a corporation established by or under a Provincial or State Act, no such request shall be entertained unless it is made with the consent of the Government of the State in which the undertaking is situate.

(2) If the 1 [Director-General] is of the opinion that circumstances necessitating the deputation of the 2 [***] members of the Force in relation to an industrial undertaking under sub-section (1) have ceased to exist, or for any other reason it is necessary so to do, he may, after informing the Managing Director of that industrial undertaking, withdraw the 3 [***] members of the Force so deputed:

Provided that the Managing Director may, on giving 4[three month's notice] in writing to the 1 [Director-General] require that the 2 [***] members of the Force so deputed shall be withdrawn, and the Managing Director shall be relieved from the charge from the date of expiration of such notice or from any earlier date on which the Force is so withdrawn.

(3) Every 2 [***] member of the Force, while discharging his functions during the period of deputation, shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this Act, if he had been discharging those functions in relation to an industrial undertaking owned by the Central Government.

1. Substituted for the words "Inspector-General" wherever it occurs by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 13 and Schedule (15-6-1983).

2. Words "Supervisory Officer and" in sub-section. (1) and words "officers and" in sub-section. (1), (2) and words "officer and" in sub-section. (3) omitted, by the Central Industrial Security Force (Amendment) Act (14 of 1983), Section 13 and Schedule (15-6-1983).

3. Inserted by the Central Industrial Security Force (Amendment) Act, 2009

4. Substituted by the Central Industrial Security Force (Amendment) Act, 2009 Previous text was

"one month's notice"