REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II-Section 2
PUBLISHED BY AUTHORITY
No. 1] NEW DELHI, MONDAY, FEBRUARY 12, 1968/MAGHA 23, 1889
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
RAJYA SABHA
The following report of the Joint Committee of the Houses of Parliament on the Bill to provide for the constitution and regulation of a Force called the Central Industrial Security Force for the bet- ter protection and security of certain industrial undertakings was presented to the Rajya Sabha on the 12th February, 1968: —
COMPOSITION OF THE JOINT COMMITTEE ON THE CENTRAL INDUSTRIAL SECURITY FORCE BILL, 1966
MEMBERS
Rajya Sabha 1. Shrimati Violet Alva—Chairman. 2. Shri K. S. Ramaswamy 3. Shri M. P. Bhargava 4. Shri M. Govinda Reddy 5. Shri Nand Kishore Bhatt 6. Shri Akbar Ali Khan
2 THE GAZETTE OF INDIA EXTRAORDINARY [PABX II7. Shri B. K. P. Sinha
8. Shri M. M. Dharia
9. Shri Krishan Kant
10. Shri Bhupesh Gupta
11. Shri K. Sundaram
12. Shri Rajnarain
13. Shri Banka Behary Das
14. Shri D. Thengari
15. Shri A. P. Chatterj ee
Lok Sabha
16. Shri Vidya Dhar Bajpai
17. Shri D. Balarama Raju
18. Shri Rajendranath Barua
19. Shri Anil K. Chanda
20. Shri N. C. Chatterjee
21. Shri J. K. Choudhury
22. Shri Ram Dhani Das
23. Shri George Fernandes
24. Shri Indrajit Gupta
25. Shri Narain Swaroop Sharma
26. Shri S. Kandappan
27- Shri Kinder Lai
28. Shri Srinibas Mishra
29. Shri J. B. Singh
30. Shri Vikram Chand Mahajan
31. Shri A. Nesamony
32. Shri Dahyabhai Parmar
33. Shri Manibhai J. Patel
34. Shri Manubhai Patel
35. Shri Chaudhuri Randhir Singh
36. Shri S. K, Sambandhan
37. Shri P. G. Sen
38. Shri Shashi Ran j an
39. Shri Vidya Gharan Shukla
40. Shri S. M. Siddayya
SKC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 341. Shri N. K. Somani
42. Shri Tayappa Hari Sonavane
43. Shri R. Umanath
44. Shri Termeti Viswanatham
45. Shri Y. B. Chavanffi
REPRESENTATIVES OF THE MINISTRIES
Ministry of Law
Shri G. R. Bal, Joint Secretary and Legislative Counsel. Shri P. V. S. Peri Sastri, Deputy Legislative Counsel.
Ministry of Home Affairs
Shri T. C. A. Srinivasavardan, Joint Secretary.
Shri S. S. Varma, Deputy Secretary.
Shri G. S. Kapoor, Under Secretary.
SECRETARIAT
Shri S. S. Bhalerao, Joint Secretary. Shri S. P. Ganguly, Deputy Secretary. Shri Amar Nandi, Under Secretary.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT IIREPORT OF THE JOINT COMMITTEE
1. the Chairman of the Joint Committee to which the Bill* to provide for the constitution and regulation of a Force called the Central Industrial Security Force for the better protection and secu- rity of certain industrial undertakings, was referred, having been authorised to 'submit the Report on their behalf, present this their Report, with the Bill as amended by the Committee, annexed thereto.
2. The Bill was introduced in the Rajya Sabha on the 2nd August, 1966. The motion for reference of the Bill to a Joint Committee of the Houses was moved on the 5th June, 1967 by Shri Y. B. Chavan, Minister of Home Affairs and was adopted by the Hoiise on the 6th June, 1967 (Appendix I).
3. The Lok Sabha discussed the motion on the 12th August, 1967, and while concurring in the said motion on the same day, recom- mended that the Joint Committee be intructed to report by the 1st day of the next (sixty-second) session of the Rajya Sabha (Ap- pendix II).
4. The message from the Lok Sabha was reported to the Rajya Sabha on the 14th August, 1967 and the Rajya Sabha concurred in the recommendation of the Lok Sabha on the 17th August, 1967.
5. The Committee held twelve sittings in all.
6. At their first sitting held on the 19th August, 1967, the Com- mittee decided that a Press Communique be issued advising such associations, organisations, etc. interested in the subject matter of the Bill to send memoranda thereon so as to reach the Rajya Sabha Sec- retariat by the 20th September, 1967. The Committee further decid- ed to invite the views of the State Governments/Union Territories and some important trade union organisations on the provisions and other aspects of the Bill and to request them to send names of their representative (s), if they so desired, whom they would like to appear before the Joint Committee for giving oral evidence.
7. Twenty-seven memoranda/letters on the Bill were received by the Committee (Appendix III).
8. The Committee heard evidence tendered by thirteen witnesses (Appendix IV).
9. The Committee decided that the whole of the evidence tender- ed before them be laid on the Table o£ the House.
•Published in Part II, section i of the Otusttte of India Extraordinary, dttcd
the md Auguit, ig66.
See. 21 THE GAZETTE OF INDIA EXTRAORDINARY 510. The Report of the Committee was to be presented on the 20th November, 1967. The Committee were, however, granted an exten- sion of time Upto the 12th February, 1968.
11. The Committee considered the Draft Report on the 10th February, 1968 and adopted it on the same day.
12. The principal changes suggested by the Committee in the Bill and the reasons therefor are set out in the succeeding paragraphs:
Clause 2
The Committee find that in some industrial undertakings officers who exercise control over the affairs of those undertakings ure also designated as 'general manager' or 'chief executive officer.' The definition of "Managing Director" in sub-clause (1) (e) has been modified accordingly.
The Committee are of the view that the expression "'superior officer" occurring in sub-clause (1) (i) should be replaced by the expression "supervisory officer". Necessary and consequential changes have also been made in the Bill accordingly.
Clause 8
The Committee are of the opinion that there is no necessity for providing for punishment of 'confinement to quarters' in view of the various punishments laid down in the clause. Hence the words "confinement to quarters for a period not exceeding fourteen days with or without punishment" have been omitted from sub-clause (a) pf the clause.
Clause 10
The Committee feel that Government need not have the autho- rity to empower any officer to specify the 'other installations' to be protected and safeguarded by the Security Force. Necessary changes have accordingly been made in para (b) of the clause.
The Committee ate also of the opinion that before specifying any installation not owned or controlled by the Central Government as vital for carrying on the work of an industrial undertaking owned by the Central Government, the consent of the State Government in which the installation is situate should be obtained. A proviso to that effect has been added to para (b) of the clause.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIClause 11
The Committee are of the view that the power of arrest without any order from a Magistrate and without a warrant available to an officer or a member of the) Force be restricted only in respect of cognizable offences relating to the property belonging to the indus-r trial undertaking or the other installations considered vital for carry- ing on of work in that undertaking. Necessary changes have accord- ingly been made in the clause to achieve these objectives.
Clause 14
The Committee feel that the officers and members of the force should not be deputed for the protection and security of ar, indus- trial undertaking owned, controlled or managed by a Government company of which Central Government is not a member or by a corporation established by or under a State Act unless the request for such a deputation is made with the consent of the Government cf +he State in which the undertaking is situate. A proviso to this effect has, therefore, been added to sub-clause (1) of the clause.
Clause 19
The Committee are of the opinion that the provisions of the Police (Incitement to Disaffection) Act, 1922 should be made appli- cable expressly to the supervisory officers also of the Force. The clause has accordingly been amended.
Clause 22
The Committee feel that specific provision may be made in the clause to provide for making of rules regarding the terms and con- dition subject to which supervisory officers and members of the Force may be deputed for the protection of industrial undertakings in the public sector and for the charges in respect thereof. A new paragraph (h) has accordingly been added to sub-clause (2) of the clause.
The other changes made by the Committee are of a consequen-
tial or verbal nature.
13. The Committee recommend that the Bill, as amended, be
passed.
NEW DELHI; VIOLET ALVA,
February 10, 1968. Chairman of the Joint Committee.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7MINUTES OF DISSENT
I
In the penalty clause 8(b), the provision for confinement to quar- ters for a period not exceeding fourteen days, as was envisaged in thd Bill, should remain as it is and I do not agree to its omission as such at the hands of the Joint Committee. Occasion may arise when and where application of such confinement to the members of the Force becomes a necessity in case they happen to misbehave regard- less of public resentment against such/ misbehaviour. Wo cannot lose sight of the fact that there always is a township attached to a public undertaking.
Hence this note.
P. G SEN NEW DELHI;
January 25, 1968.
II
This Bill empowers the Central Government to have a Central Industrial Security Force which is similar to the Police Force and to have direct control over this Force. "Public order" and "Police" are subjects allotted to the State under the Constitution and the Centre has no powers to pass any legislation on these subjects exrept in cases contemplated in Articles 249, 250 and 252 of the Constitu- tion. There has been no real need to invoke the provisions of these Articles.
2. Law and order is a State subject and it is the State Pdice who have to deal with law and order problems.
3. The Central Industrial Security Force, which would necessarily be & small unit, will not be able to tackle these problems indepen- dently of the State Police.
4. There have been no instances, so far as Madras State is con- cerned, wherein the State Government had any difficulty m regard to maintenance of law and order in respect of industrial undertak- ings. There is close liaison between the Intelligence -Bureau of the Government of India, the State Police Officers and the Administra- tive heads pf industrial undertakings of the Government of India.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART I5. Under clause 14(1) of the Bill, the Inspector General of the proposed Security Force may, on a request from an industrial under- taking in public sector, depute members of the Force for the protec- tion of the industrial undertaking and according to the definition in clause 2 (T) (c) of the Bill, a Corporation established by or under a State Act and controlled and managed by the State Government is an industrial undertaking in public sector. When members of the proposed Industrial Security Force are deputed to such undertakings, there will be an embarrassing situation to the State Government and tne local Police.
6. Clauses 11 and 12 give very wide powers to the Security Force and this will result in abuse of powers with a possibility of that power being used against the interests of the workers.
7. Clause 13 of the Bill empowers an Officer of the proposed Secu- rity Force to arrest a man, but he shall make over such a person to a Police Officer or to the nearest Police Station. This even the existing watch and ward staff can do, and there is no point in having a Security Force with police powers and at the same time depending on the local Police for help.
8. According to clause 20 of the Bill, certain Acts are not to apply to members of the Force. This would mean that the members of this Force will be deprived of the benefits of such legislative mea- sures while others working in the same industrial undertaking will be enjoying those rights and this will cause discontent among the Force.
9. The reasons given for the creation of the centrally adminis- tered Security Force are not convincing. If only the management of the industrial undertaking pay sufficient attention in the matter of recruitment of watch and ward staff, supervision, training and dis- cipline, there would be no need to create a Security Force as is con- templated.
10. The establishment of Security Force is likely to create inten- sely complicated factors, especially when fye Governments at the Centre and State are not headed by the same political party.
11. For the reasons given above, I am not in favour of the Central Industrial Security force Bill, 1966.
Kr S;UNpARAM
COIMBATOM;
February 1, 198*.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9III
We are sorry that we cannot lend our support to this Bill, which tries to raise a security force under the control of the Government of India for the industrial undertakings, primarily under the Central Government. Provision has also been made to extend its power to State Government undertakings either wholly or partially owned' by them, if the services of the force are required by them.
By implication the Bill casts reflection on the sense of responsi- bility and patriotism of the employees of the public sector under- takings. If the employees ever become what this Bill presumes them to be, even the proposed industrial security force will fail ttt achieve, the object for which it is being raised.
Tt takes away partially the power of the police in the locality in which the force will be operating, as the security force can arrest and or search a man without warrant or without any order from the Magistrate. Though after this, they are expected to hand over the person to the local police, the preliminary steps of arrest and or search are tantamount to the power of the police. This will some- times create misunderstanding between these two authorities operat-1 ing in an area, which instead of solving the law and order problem will aggravate it. This may also lead to conflict and friction between a state and the Centre, particularly when after emergence of Gov- ernments of differing political persuasions, the Centre-State relations have 'entered upon a new phase which needs constant attention. Any step like creation of this force will give a new dimension of adverse nature to the whole problem.
We do not agree with the presumption that the proposed force shal not work properly if it is required to discharge its function "under the general supervision, direction and control" of its own superior in the security force- There can persist a very effective line of communication between the Managing Director and the officer concerned.
The creation of this force which will virtually function accord- ing to the wishes of the Managing Director of the public sector under- taking, will widen the gulf between the management and the workers. The management will have the tendency to use this force for curbing the legitimate Trade Union activities- This will create more of labour unrest in the public sector undertakings. This has been also hinted by some executive chiefs of public sector undertak- ings and the representatives of the Trade Unions and Central 1390 RS—3.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PART HLabour Organisations who appeared before the Joint Select Commit- tee. This is not an apprehension only. The existing unhappy labour Relations are bound to deteriorate because of this power in the hands of the management.
We are entirely one with the objective of streamlining the watch and ward organisation, which has not been up to the mark, because the undertakings never follow a proper recruitment policy and training. If recruitment is done in proper manner for the job with- out any favouritism and nepotism and proper training for the job is given, they will serve the purpose. Even the Centre can conduct scientific and modern training for thorn and send them back to the undertakings under whom they had been appointed. This will well serve the purpose without importing the demerits that the Central Industrial Security Force will bring in in its trail-
BANKA BEHARY DAS NEW DELHI; D. THENGART February 11, 1968. SRINIBAS MISHRA
rv
The Joint Committee has suggested only minor changes in the Bill. These will have the effect, if approved by Parliament of leav- ing intact the Bill's principal features which I consider to be tho- roughly anti-democratic, reactionary and retrograde.
The Bill, taken as a whole, i
(J) Conditions prevailing in the country do not at all justify the setting up of a Central Security Force of the type en- visaged in the Bill;
(ii) Despite all efforts by official spokesmen to claim that the proposed Force will only be taking over the duties and functions of the existing watch and ward staff, it is clear that what is envisaged is full-scale police organisation, equipped with weapons and vehicles and armed with draconian repressive powers;
OEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY II(iii) If such a security force could be dispensed with during the entire period (1962—67) of the recent Emergency there is absolutely no valid ground for such an extraordi- nary apparatus being set up after the proclamation of Emergency has been revoked;
CivJ Whacever the position in law may be, the Bill amounts in practice, to the constitution of a dual authority (Central and State) tor dealing with a law and order problem which has hitherto been within the exclusive competence of the State Governments. This is an unprecedented step which is likely to cause serious complication of a practi- cal nature, especially in view of the entirely new political situation in the country in which the Governments at the Centre and in various States are no longer run by a single political party; the whole fabric of Centre-State relations may be prejudicially affected by a Bill of this nature;
(v) The proposed security force constitutes a grave potential threat to maivc union activities in the industrial undertak- ings concerned. In every normal industrial dispute bet- ween employers and employees the Managing Director of an undertaking is not a "neutral" person but one of the parties directly concerned with that dispute, and to invest him with the power of summoning the services of the secu- rity force whenever he feels the necessity thereof amounts to placing in the management's hands, and at its back and call, an instrument of repression, intimidation and terror against the workers. This can never be accepted by the trade union movement
Apart from the abo\>£-stated general objections, the Bill contains dangerous specific provisions, especially in its clauses 10 and 11, whereby, firstly, the Force may be deployed in practically any in- dustrial undertaking even if the latter is not owned, controlled or managed by the Central Government; and, secondly, officers of the Force are sought to be invested with most obnoxious and sweeping powers of arrest without warrant or magisterial order.
This Bill cannot be amended. It should be ended. Even at this stage, it should be withdrawn.
NEW DELHI;
INDRAJTT GUPTA February 11, 1968.
O THE GAZETTE OF INDIA EXTRAOHDINARY [PART IIV
The sponsors of the Bill would like us to believe that its sole in- tention was to improve on the present Watch and Ward working at the Public Sector Undertakings. But instead, the Bill provides for a parallel police force, in gross violation of the Seventh Schedule of our Constitution which envisages law and order as exclusive State subjects.
Every care was taken to see that the provisions of the Bill do not go against the letters of the Constitution but the anxiety shown by the Government to compromise and combat the provisions in the Constitution, instead of upholding them as their custodian, smacKs of dictatorial attitude on the part of the Central Government. Though the Indian Constitution is considered to be federal or quasi- federal in character, there has been a constant erosion by the Cen- tral Government of the powers vested in the States, reducing them to the level of municipalities. Now through this Bill, the Central Government is arrogating to itself even the policing of the State, infringing on the exclusive rights and responsibilities of the S^ate to maintain law and order within its territory.
Even Congress Chief Ministers of States in somle cases refused to give their concurrence to this Bill. Shri P. C. Sen the former Chief Minister of West Bengal in his letter, dated 7th December. 1964 to the then Home Minister Shri G. L. Nanda, has thought this measure to be a "serious encroachment on the State sphere". The present Government of Mysore "has carefully examined the proposal for creation of the Central Industrial Security Force, and are of the view that the apparent advantages of the proposal are outweighed by the fact, among others, that it is likely to impair the responsibi- lity of the State Police for maintaining law and order, in the indus- trial areas. The State Government are, therefore, not agreeable to the creation of Central Industrial Security Force which is the object of' this Bill." However subsequently the State Government has modified its stand taking into account the remarks of the Home Minister in the Rajya Sabha to the effect that it is only an improve- ment on the Watch and Ward, and came with the second reply tha* "if this is the objective then the State Government have no further remarks to offer." The Government of Assam another Congress Government "is of the view that too much proliferation of separate formations to handle the different varieties of functions, is neither necessary nor desirable." According to them "such measures for creation of Islands of Central Police, tend to encroach upon the legi- timate sphere of the State responsibilities The State Government
SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 13would not therefore favour the idea of going in for the said legisla- tion."
The Government of Kerala view this as an "inroad into the auto- nomy of the State", and according to the Government of Punjab it "violates the very principle on which our Constitution is based." The Tamilnad Government feels that "the force will virtually be a private police under the managing director of a Public Sector Un- dertaking," and "it will be sad reflection on the capacity of the State Government to protect properly industrial undertakings in their areas."
Not a single trade union leader who appeared before the Select Committee has supported the measure. Only the Indian National Trade Union Congress which preferred not to nominate any repre- sentative to appear before the Committee has offered in writing its conditional support "looking to the extraordinary conditions the country is passing through-" What these extraordinary conditions are, are not properly enumerated.
The representatives from the management side who appeared be- fore the Committee, though in general agreement with the objective of improving the Watch and Ward, did not evince any keen interest or feel it inevitable that only a central force of the type contem- plated In this Bill could do it. In fact, no body from the manage- ment side has even remotely hinted that he could not rely on the State police and visualise any eventuality which will be beyond the competence of the State Police to deal with.
An interesting feature of the evidence is lrorr^ the Inspector General of the Railway Protection Force, the head of the Railway Protection Force, on whose model the constitution of the Industrial Security Force is contemplated. He was unable to convincingly prove to the Committee that his force has improved the situation in the Railways. In fact, when some of us suspected that the pilferage has increased in the Railways after the constitution of the Protec- tion Force, our charges were not refuted. It looks that there is a case for winding up that Protection Force and not for setting up a new force on that model.
If the object is only to improve the working of the present Watch and Ward, we need altogether a different kind of measure and no- body could legitimately object to that- As the Government of Tamil- nad has rightly pointed out "the defects in the present system have not been sufficiently made out to be beyond rectification."
I4 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT nInstead of rectifying the defects the Bill tries to wreck the little federalism that is still left in our Constitution. The increasing ero- sion of the normal jurisdiction and authority of the State by the Centre does not augur well for the maintenance of balanced and healthy Centre-State relationships. What is at stake is the very survival of democracy in this country. Hence we totally reject this Bill.
S. KANDAPPAN NEW DELHI;
February 12, 1968.
VI
The Central Industrial Security Force Bill, if passed into law, will have the effect of further erosion on Centre-State relations and will also be another addition to the series of repressive measures against the Trade Union Movement in India- The Bill seeks to create a super Police Force independent of the authority of the State with power to search and arrest without warrant and without any orders from the Magistrate, to be stationed in all States, there- by creating bases of operation for parallel central police action in each State. It will be constituted and maintained by the Central Government allegedly for the protection and security of industrial undertakings owned by the Central Government but according to section 10 (b) and 10 (c) of the Bill read with section 14 of the Bill the force will also be used to protect and safeguard such other installations as are specified by that Government to be vital for carry- ing on of work In those undertakings and also the undertakings in Public Sector if so deputed. That would make the Central Se- curity Force a highly flexible instrument for being used in a wide variety of undertakings and the net will be wide enough to cover a great number of installations which may have something or other to do with the undertakings owned by the Central Gov- ernment or in the public Sector.
We have great doubts whether the Constitution authorises the creation of such a police force independent of the State authority because the "Police" is a State subject (Item No. 2, 7th Schedule — State List). Reference to the Railway Protection Force Act would not be apposite because, apart from, the fact that the Railway Pro- tection Force Act is subject to the same criticism of gross interfer- ence in the State's exclusive sphere of law and order, the Railway
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15Protection Force would by the nature of duties be moving from the territory of one State to another and there might be some justifica- tion for such a centrally administered force. The same reasons would not however be available in the present instance. The pro- blems of protection of industrial undertakings and installations would be similar to, and even identical with, the problems of law and order which every State has to tackle- The forces operating in a Central Government undertaking within a State would be the same as the forces operating in the rest of the territory of the State. It would be completely unreasonable to create an artificial boundary between the sphere of law and order to be tackled by the State Gov- ernment and the sphere of law and order to be tackled by the Cen- tral Government. Certainly it cannot be urged that the Police of the States are incapable of protecting the Central Government pro- perties, and it has not m fact been so urged in support of the Bill.
A good number of the State Governments cutting across party barriers and at least one manager of a public sector undertaking have therefore given tho r considered opinion that they do not con- sider it advisable or necets iry to set up such a Central Security Force. They have also opined that the Police Forces of a State are competent enough to secure the protection of Central Government or Public Sector undertakings. Moreover, if there is such a disturb- ance that the State Police Forces cannot cope with the situation, a State Government can always ask for help under Article 355 of the Constitution and the Central Government ig in surh circumstances bound by duty to render such help and give such protection
It is interesting to note in this connection that the idea of forming such a force did not emanate from the management of either the public sector or the Central Government undertakings. Even the Industrial Security Adviser to the Government of India who claims to be the author of the proposal admitted that his proposal was not bas- ed on any concrete study of the existing security arrangements or an analysis of the number and nature of the anti-social acts and hap- penings over a period in public sector or Government owned undei% takings-
In view of its corrosive effect on the powers of the States the Governments of several States like that of West Bengal even when it was under Shri P. C. Sen as the Chief Minister opposed the idea of the creation of such a central force. This resulted in the propo- sal being shelved for a time
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART HBut in face of growing struggles of the working class in the vari- ous public sector undertakings consequent on the "recession" and its effect, the proposal was revived again and the Bill was introduc- ed in Parliament in 1966.
It seems that the need for this measure was realised after the defeat of the ruling party in the last general elections in various states. The Bill is therefore highly resented by the working class.
As Important trade union representatives and organisations have submitted before the joint committee, the real reason appears to be to create a force which could be used to crush trade union and work- ers movements. One of the witnesses representing public sector undertaking candidly admitted that the private sector does it by employing roughs and goondas and, as public sector cannot do it in that fashion, they must have such a force as this.
In summing up,
1. The Bill encroaches upon even the vestige of autonomy left in the states.
2. It will further strain the already strained State-Central rela- tions and accentuate the cleavage between the two.
3. The Bill seeks to provide the Central Government with an in- strument to break the democratic struggles of the working class.
The Bill therefore requires to be rejected outright.
N. C. CHATTERJEE NEW DELHI; R. UMANATH
February 12, 1968.
A. P. CHATTERJEE
Sr.C. 2] THE GAZETTE OF INDIA EXTRAORDINARY iyBill No. XIV D of i"
THE CENTRAL INDUSTRIAL SECURITY FORCE BILL, 1966
(AS REPORTED BY THE JOINT COMMITTEE)
[Words side-lined or underlined indicate the amendments suggested
by the Committee; asterisks indicate omissions.']
A
BILL
to provide for the constitution and regulation of a Force called the
Central Industrial Security Force jor the better protection and
security of certain industrial undertakings.
BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:— ™~^~~"~~
1. (I) This Act may be called the Central Industrial Security Force Act, 1968.
, (2) It extends to the whole of India.
Short title, extent and com- mence- ment,
l8 THE GAZETTE OF INDIA EXTRAORDINARY [PAR* rt(3) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires,—
Defini- tions.
(a) "Force" means the Central Industrial Security Force constituted under section 3;
(b) "industrial undertaking" means any undertaking per- taining 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 in- io dustrial undertaking owned, controlled or managed by—
(i) a Government company as denned in section 617 of the Companies Act, 1956,
I of 19S6,
(ii) a corporation established by or under a Central, Provincial or State Act, which is controlled or managed by 15 the Government;
(d) "Inspector-General" means the Inspector-General of the Force appointed under section 4;
(e) "Managing Director", in relation to an industrial under- taking, means the person (whether called a managing agent, 2° general manager, manager, chief executive officer or by any other name) who exercises control over the affairs of that un- dertaking;
(/) "member of the Force" means a person appointed to the Force under this Act other than a supervisory officer; 2$
(.9) "prescribed" means prescribed by rules made under this Act;
(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) 30 Act, 1951;
63 of 1951,
(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.
(2) Any reference in this Act to a law which is not in force in the 35 State of Jammu and Kashmir shall, in relation to that State, be con- strued as a reference to the corresponding law, if any, in force in that State.
SEC. 2J THE GAZETTE OF INDIA EXTRAORDINARY 19Constitu- tion of th Force.
3. (1) There shall be constituted and maintained by th© Central Government a Force to be called the Central Industrial Security Force for the better protection and security of Industrial undertak- ings owned by that Government.
5 (2) The Force shall be constituted in such manner, shall consist of such number of supervisory officers and members of the Force who shall receive such pay and other remuneration as may be prescribed"
4. (1) The Central Government may appoint a person to be the Inspector-General of the Force and may appoint other persons to be 10 Deputy Inspectors-General, Chief Security Officers or Security Offi-
cers of the Force.
Appoint- ment and powers of super- visory officers.
(2) The Inspector-General and every other supervisory officer 10
appointed shall have, and may exercise, such powers and authority as is provided by or under this Act.
J5 5. The appointment of members of the Force shall rest with the Inspector-General who shall exercise that power in accordance with rules made under this Act:
Appoint- ment of members of the Force.
Provided that the power of appointment under this section may also be exercised by such other supervisory officer as the Central
20 Government may by order specify in "this 'behalf.
Certifi- cates of members of the Force.
6. (1) Every member of the Force shall receive on his appoint- ment a certificate in the form specified in the Schedule, under the seal of the Inspector-General or such other supervisory officer as the Inspector-General may specify in this behalf, by virtue of which the 25 person holding such certificate shall be vested with the powers of
a member of the Force.
(2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a member of the Force.
30 7. (1) The superintendence of the Force shall vest in the Central Government, and subject thereto the administration of the Force shall vest in the Inspector-General and shall be carried on by him in accordance with the provisions of this Act and of any rules made thereunder.
Superin- tendence and ad- ministra- tion of the Force.
35 (2) Subject to the provisions of sub-section (2), the administra- tion of the Force within such local limits as may be prescribed shall be carried on by a Deputy Inspector-General, Chief Security Officer or Security Officer in accordance with the provisions of this Act and Of any rules made thereunder and every supervisory officer placed fn
20 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT IIcharge of the protection and security of an industrial undertaking shal], subject to any directions that may be given by the Central Government in this behalf, discharge his functions under the general supervision, direction and control of the Managing Director of that undertaking.
5
8. 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, suspend or reduce in rank any member of the Dismissal, removal, etc., of members of the Force.
Force whom he*** thinks remiss or negligent in the discharge of io his duty, or unfit for the same; or
(ii) award any one or more of the following punishments to any member of the Force who discharges his duty in a care- less or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely:— Tj
(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 deprlva- 20 tion of any special emolument.
Appeal and revision.
9. (1) Any member of the Force aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and subject to the provi- 25 sions of sub-section (5), the decision of the said authority thereon shall 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 30 appeal in time.
(2) In disposing of an appeal the prescribed authority shall follow such procedure as may be prescribed.
(3) The Central Government may call for and examine the re- cord of any proceeding under section 8 or under sub-section (2) of 3^ this section and may make such inquiry or cause such inquiry to be made and subject to the provisions of this Act, may pass such orders thereon as it thinks fit:
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY ZTProvided that no order imposing an enhanced penalty under sub-section (2) or sub-section (3) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.
5 10. It shall be the duty of every supervisory officer and member
of the Force—
Duties of members 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 10 own'ed 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 control- *5 led by the Central Government is so specified, the Central Gov- ernment shall obtain the consent of the Government of the State in which such installation is situate;
(c) to protect and safeguard such other industrial under- takings and installations for the protection and security of 20 which he is deputed under section 14;
(d) to do any other act conducive to the better protection and security of the industrial undertakings referred to in clauses (b) and (c).
Power to arrest without warrant.
11. (I) Any supervisory officer or member of the Force may, 25 without any order from a Magistrate and without a warrant, arrest any person who has been concerned in, or against whom a reason- able suspicion exists of his having been concerned in, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that ho is taking such precautions with a 30 view to committing, a cognizable offence relating to,—
(i) the property belonging to any industrial undertak- ing, or
(il) the other installations,
referred to in clauses (b) and (c) of section 10.
35 (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 any super- visory officer or member of the Force, —^—
22 THE GAZETTE OF INDIA EXTRAORDINARY [PART HPower to search without warrant.
12. (1) Whenever any supervisory officer, or any member of the Force, not below lhr> proscribed rank, has reason to believe that any such offence as is referred to in section 11 has been or is being com- mitted and that a search warrant cannot be obtained without afford- ing the offender an opportunity of escaping or of concealing evidence 5 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.
IS of 1898.
(2) The provisions of the Code of Criminal Procedure, 1898, relating to searches under that Code shall, so far as may be, apply 10 to searches under this section.
131. Any supervisory officer or member of the Force making an Procedure to be fol- lowed afteT arrest.
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 near- 15 est police station together with a report of the circumstances occa- > sioning the arrest.
Deputa- tion of the Force to Industrial under- takings In public sector.
14. (1) Subject to any general directions which may be issued by the Central Government, it shall be lawful for the Inspector- General, on a request received in this behalf from the Managing 20 Director concerned of an industrial undertaking in public sector, showing the necessity thereof, to depute such number of super- visory officers and members of the Force as the Inspector-General may consider necessary for the protection and security of that indus- trial undertaking and any installations attached thereto and the oftl- 25 cers and 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 Gov- 3°
ernment is not a member;
(it) by a Corporation established by or under a Provincial
or State Act,
no such request shall be entertained unless it is made with the con- sent of the Government of the State in which the undertaking is 35 situate.
(2) If the Inspector-General is of the opinion that circumstances necessitating the deputation of the officers and 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 4° he may after informing the Managing Director of that industrial undertaking, withdraw thp officers and members of the Force so deputed;
3EC. 2] THE GAZETTE1 OF INDIA EXTRAORDINARY 2%Provided that the Managing Director may, on giving one month'B notice in writing to the Inspector-General require that the officers and members of the Force so deputed shall be withdrawn, and the Managing Director shall be relieved from the charge from the date 5 of expiration of buch notice or from any earlier date on which the
Force is so withdrawn.
(3) Every officer and 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, disci- i° pline 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.
15. (1) Every supervisory officer and member of the Force shall, ( for the purpose of this Ac" be considered to be always on duty, , 15 and shall, at any time, be liable to be employed at any place with- ,
in India.
20 16. A member of the Force shall not by reason of his suspension ; from office cease to be a member of the Force; and he shall, during that period, be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty.
Responsi- bilities of members of the Force during Suspen- sion.
17. (1) Every person who for any reason ceases to be a member 25 of the Force, shall forthwith surrender to any supervisory officer empowered to receive the same, hib certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as a member of the Force.
Surren- der of certi- ficate arms, etc., by persona ceasing to be mem- bers of the Force.
30 (2) Any person who wilfully neglects or refuses to surrender his certificate of appointment or the arms, accoutrements, clothing and other articles furnished to him, as required by sub-section (1), shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two
35 hundred rupees, or with both.
i4 tfHE GAZETTE OF INDIA EXTRAORDINARY [PAKI -Penalties for neglect of duty, etc.
(3) Nothing in this section shall be deemed to apply to any article which, under the orders of the Inspector-General, has be- come the property of the person to whom the same was furnished. 18. (1) Without prejudice to the provisions contained in section 8, every member of the Force who shall be guilty of any violation 5 of duty or wilful breach or neglect of any rule or regulation or law- ful order made by a supervisory officer, or who shall withdraw from the duties of his office without permission, or who, being ab- sent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages himself with- io out authority in any employment other than his duty as a member of the Force, or who shall be guilty of cowardice, shall, on convic- tion, be punished with imprisonment for a term which may extend to six months.
(2) Notwithstanding anything contained in the Code of Criminal 15
5 of 1808.
Procedure, 1898, an offence punishable under this section shall be cognizable,
(3) Nothing contained in this section shall be construed to pre- vent any member of the Force from being prosecuted under any other law for any offence made punishable by that law, or for be- 20 ing liable under any such law to any other or higher penalty or punishment than is provided for such offence by this section:
Provided that no person shall be punished twice for the same
offence.
19. The Police (Incitement to Disaffection) Act, 1922, shall 25
apply to supervisory officers and members of the Force as it applies to members of a police force.
Applica- tion of Act 22 of 1922 to officers and mem- bers of the Force.
4 of 1936.
14 of 1947.
V of 1948." 20. Nothing contained in the Payment of "Wages Act, 1936, or the Industrial Disputes Act, 1947, or the Factories Act, 1948, or any corresponding law relating to investigation and settlement of in- 30 *j dustrial disputes in force in a State shall apply to members of the Force.
Certain Acts not to apply to members of the Force.
21. (2) In any suit or proceeding against any supervisory officer or member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was 35 done by him under the orders of a competent authority.
Protection of acts of officers and mem- bers of the Force. (2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the supervisory officer or
-ft. .'I THE GAZETTK OF INDIA EXTRAORDINARY 25member ot the Force shall theiuupon be discharged from any lia- bility in respect of the Act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.
(3) Notwithstanding anything contained in any other law for 5 the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any supervisory officer or member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced 10 within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceed- ing and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commence- ment of such proceeding.
15 22. (2) The Central Government may, by notification in the Offi- cial Gazette, make rules for carrying out the purposes of this Act.
Power to make rules (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for—
(a) regulating the classes, ranks, grades, pay and remune- 20 ration of supervisory officers and members of the Force and their conditions of service in the force;
(b) regulating the powers and duties of supervisory offi- cers and members of the Force authorised to exercise any func- tions by or under this Act;
25 (c) fixing the period of service for supervisory officers and members of the Force;
(d) prescribing the description and quantity of arms, ac- counterments, clothing and other necessary articles to be fur- nished to the members of the Force;
30 (e) prescribing the places of residence of members of the Force;
(f) institution, management and regulation of any fund for any purpose connected with the administration of the Force;
(g) regulating the punishments and prescribing authorities 35 to whom appeals shall be preferred from orders of punish- ment or remission of fines or other punishments, and the pro- cedure to be followed for the disposal of such appeals;
26 THE GAZETTE OF INDIA EXTRAORDINARY (.PART II—SEC. 2](h) the terms and conditions subject to which supervi-
sory officers and members of the Force may be deputed under
section 14 and the charges therefor, and
(i) any other matter which nab to be, or may be, prescrib- ed.
5
(3) Every iulu maae under th s section shall be laid as soon as may be after it is made before each House of Parliament while It is in session for a total period of thirty days, which may be compris- ed in one session or in two successive sessions, and if before the ex- piry of the session in. which it is so laid or the session immediately io following, both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modifi- cation or annulment shall be without prejudice to the validity of 15 any thing previously done under that rule.
THE SCHEDULE
(See section 6)
A.B. has been appointed a member of the Central Industrial Security Force under the Central Industrial Security Force Act, 2: 1908, and is vested with the powers, functions and privileges of a member of the Force.
B. N. BANERJEE,
Secretary.
HUNTED Hi INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO HOAD, NEW DELHI AND PUBLISHED BY THE MANAGER or PUBLICATIONS. DlLHT IMft
- Officers and members of the ] force to be considered (2) Save as provided in section 14, no supervisory officer or 1 always on duty and member of the Force shall engage himself in any employment or [ liable to be ' office other than his duties under this Act. employed anywhere in India. i ↩