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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section I

PUBLISHED BY AUTHORITY

No. 74] NEW DELHI, MONDAY, DECEMBER 2, 1968/AGRAHAYANA 11, 1890

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 2nd December, 1968/Agrahayana 11, 1890 (Saka)

The following Act received the assent of the President on the 2nd December, 1968, and is hereby published for general informa- tion:—

THE CENTRAL INDUSTRIAL SECURITY FORCE

ACT, 1968

No. 50 OF 1968

[2nd December, 1968]

An Act to provide for the constitution and regulation of a Force called the Central Industrial Security Force for 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. (1) This Act may be called the Central Industrial Security

Force Act, 1968.

(733)

Short title, extent and com mence- ment

(2) It extends to the whole of India

(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-

dustrial undertaking owned, controlled or managed by—

(i) a Government company as denned in section 617 of

1 of 1956.

the Companies Act, 1956,

(ii) a corporation established by or under a Central,

Provincial or State Act, which is controlled or managed by

the Government;

(d) "Inspector-General" means the Inspector-General of the

Force appointed under section 4;

(c) "Managing Director", in relation to an industrial under-

taking, 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 un-

dertaking;

(/) "members of the Force" means a person appointed to the Force under this Act, other than a supervisory officer;

(g) "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 a'nd Regulation) Act, 1951;

G5of 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.

('£) Any reference in this Act to a law which is not in force in the State of Jammu a'nd Kashmir shall, in relation to that State, be con- Btrued as a reference to the corresponding law, if any, in force in that State.

Constitu- tion of Llie Force, 3. (1) There shall be constituted an'd maintained by the CentraJ Government a Force to bo called the Central Industrial Security Force i)r the better protection and security of Industrial under- takings owned by that Government.

(2) The Force .shall be constituted in such manner, shall consist uf such number of supervisory officers and members of the Force who shall receive such pay and other remuneration as may be pres- cribed.

4. (I) The Central Government may appoint a person to be the Inspect! 1 General of the Force and may appoint other persons to be Deputy Inspectors-General, Chief Security Officers or Security Officers of the Force.

Appoint, ment and powers of super- visory officers, (2) The Inspector-General and every other supervisory officer KO

appointed shall have, and may exercise, such powers and authority as is provided by or under this Act.

5. Tho 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:

Apprjnt- ment of membeis of the Force.

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

6. (1) Fjvery member of the Force shall receive on his appoint- Certifi- cates of members of the Force.

ment a certificate in the form specified in the Schedule, under the seal of the Inspector-General or such other supervisory officer as the Tnspector-General may specify in this behalf, by virtue of which the person holding such certificate shall be vested with the powers of •=• 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.

7. (7) 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- tendenco and ad- ministra- tion oi the Force.

(2) Subject to the provisions of sub-section (1), the administra- tion of the Forcewithin such local limits as may be prescribed shaL 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 mips made thereunder nnd every supervisory officer placed in

charge of the protection and security of an industrial undertaking shall, 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.

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, utc, of naembers of the Force.

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 member of the Force who discharges his duty i'n a care- less or negligent manner, or 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 depriva- tion of any special emolument.

Appeal und revision.

9. (1) Any member oC 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- sions of sub-section (3), 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 appeal in time.

(2) In disposing of an appeal, the prescribed authority shall fol- low 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 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 order thereon ag it thinks fit:

Provided 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 persota affected by such order.

10. It shall bo the duty of every supervisory officer and member of the Force—

(a) promptly to obey and execute all orders lawfully issued

Duties of •n embers of the Force.

to him by his superior authority;

(0) 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 control- led by the Central Government is so specified, tho 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 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).

11. (1) Anv supervisorv officer or member of the Force may. Power lo arrest without warrant.

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 i'n, or who is found taking precautions to conceal his presence under circumstances which afford reason to believe that he Is taking such precautions with s> view to committing, a cognizable offence relating to,—

(1) tHe property belonging to a'ny industrial undertak- ing, or

(ii) the other installations,

referred to in clauses (b) and (c) of section 10.

(2) If any person is found trespassing on the premises of anv industrial undertaking referred to In clauses (b) anH (c) of section 10, he may. without prejudice to any other proceedings which mny be taken against him. be removed from such premises by any super- visory officer or member of the Force.

12. (1) Whenever any supervisory officer, or any member of the Power to search Without waLrant.

Force, not below the prescribed rank, has reason to believe that any- such offence as is referred to m 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 of the- offence, he may detain the offender and search his person .inri belongings forthwith and, if he thinks proper, arrest any person whom ho has leason to believe to have committed the offence.

(2) The provisions of the Code of Criminal Procedure, 1898, 5 of180U

relating to searches under that Code shall, so far as may be, apply to searches under this section.

13. Any supervisory officer or member of the Force making an Proce- * dura lo be followed after an eist.

arrest under this Act, shajl, 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 cau.se him 1o be taken to the near- est police station together with a report of the circumstances occa- sioning the arrest.

Deputa- tion of Ihe Force to indus- trial 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- GeVieral, on a request received in this behalf from the Managing 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 offi- 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-

ernment is not a member;

(M) 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 thp Government of the State in which the undertaking Is 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) Vn'e ceased to exist, or for any other reason it is necessarv so to do, he may, after informing the Managing Director of that industrial

undertaking, withdraw the officers and members of t he Force s< deputed:

•Provided that the Managing Director may, on giving one month's 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 of expiration of such notice or Irom 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- pline and penalties as would have been applicable to him tinder this Act, if he had been discharging those functions in relation to an industrial undertaking owned by the Central Government.

15. (i) Every supervisory officer and member of the Force shall, for the purpose of this Act, be considered to be always on duty, and shall, at any time, be liable to be employed at any place with- in India.

(2) Save as provided in secfon 14, no supervisory officer or member of the Force shall engage himself in any employment or office other than his duties under this Act.

Offl -ers and members of. the Force to bo consi- dered al- ways on duty and liuble to hn em- ployed anywhere in India.

Id. 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 oi the Force during suspen- sion.

17. (1) Every person who for any reason ceases to be a member of the Force, shall forthwith surrender to any supervisory officer empowered to receive the same, his 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.

Surrender of certi- ficate, arms, etc., by persona censing to be members of the Force.

(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 hundred rupees, or with both.

(3) Nothing in this section shall be deemed to apply to any article which, under the orders of the Inspector-General, has become the property of the person to whom the same was furnished.

Penalties for negleci of duty, etc.

18. (1) Without prejudice to the provisions contained in section 8, every member of the Force who shall be guilty of any violation 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- 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.

5 of (2) Notwithstanding anything contained in the Code of Criminal 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- ing liable under any such lav/ 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 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 tho Force.

4 of 1936. 14 of 1947. 63 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- dustrial disputes in force in a State shall apply to members of the Force.

21. (1) 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 done by him under the orders of a competent authority. -

Certain Acts not to apply to members of the Force. 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

member of the Force shall thereupon be discharged from any lia- bility in respect of the act so done by him, notwithstanding any detect in the jurisdiction of the authority which issued such order.

(3) Notwithstanding anything contained in any other law for 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 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.

22. (1) 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- ration of supervisory nfflcers and members of the Force and their conditions of service in the Force;

(0) 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;

(c) fixing the period of service ior supervisory officers and members of the Force;

id) prescribing the description and quantity of arms, ac- coutrements, clothing and other necessary articles to be fur- nished to the members of the Force;

(e) prescribing the places of residence of members of the Force;

(/) institution, management and regulation of any fund for any purpose connected with the administration of the Force;

(g) regulating the punishments and prescribing authorities 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;

(h) the terms and conditions subject to which supervi- sory officers and members of the Force may be deputed under seetion 14 and the charges therefor; and

—

fm r t" r* A Tw n i r pp f~\-m TXTT^T A TH^THIIJ ArtwTMTiTA - mr FT

(i) any other matter which has to be, or may be, p eribed,

Q) Every rule made under this section shall be laid as sooi may be after it is made before each House of Parliament while is in session for a total period of thirty days, which may be com] cd in one session or in two successive sessions, and if before the plry of the session in which it is so laid or the session immedia fallowing, both Houses agree in making any modification in rule, or both Houses agree that the rule should not be made, rule shall thereafter have effect only in such modified form or

M1NT0 BOM), NBW DELHI AND PUDL1HHKD BY THB MANAOCR OF P O B IJ

MUD, 1JW8