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Published 14 November 1969

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REGISTERED No. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 384] NEW DELHI, FRIDAY, NOVEMBER 14, 1969/KARTIKA 23, 1891

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

as a separate compilation.

MINISTRY OF HOME AFFAIRS

NOTIFICATION

New Delhi, the 12th November 1969

S.O. 4632.—In exercise of the powers conferred by Section 22 sub-section (I) of the Central Industrial Security Force Act 1968 (No. 50 of 1968), the Central Government hereby makes the following rules, namely :—

THE CENTRAL INDUSTRIAL SECURITY FORCE RULES, 1969.

CHAPTER I

Preliminary

1. Short title and commencement.—(1) These rules may be called the Central Industrial Security Force Rules, 1969. (2) They shall come into force on the date of their publication in the official gazette.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions In these rules, unless the context otherwise requires,—

(a) "Act" means the Central Industrial Security Force Act, 1968 (50 of 1968), (b) "Appendix" means an Appending to these rules; (c) "Schedule" means a Schedule appended to these rules; (a) words and expressions used in these rules and not denned but defined in the Act, shall have the meaning respectively assigned to them in the Act,

(1441)

1442 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

CHAPTER II

Composition of the Force

3. Composition of the Force—The ranks or supervisory officers and members of the Force which shall be constituted on a battalion basis, shall be as follows, namely :—

(i) Inspector General; (li) Deputy Inspector General; (ill) Commandant (Chief Security Officer); (iv) Assistant Commandant (Security Officer); (v) Company Commander (Inspector); (vl) Platoon Commander (Sub-Inspector); (vil) Assistant Sub-Inspector; (viil) Head Security Guard;

(ix) Senior Security Guard (Armed only); (x) Security Guard,

and each person shall be the Immediate superior In the rank to the one mentioned below him-

Duties

4. Duties of Inspector General.—(1) The Inspector General shall be the Head of the Force and shall be responsible for maintaining it in a State of high efficiency, training, discipline and morale and he shall for that purpose taike all such steps as he may consider necessary, by way of tours, inspections, examination of records, calling for reports, framing regulations, issuing instructions and giving directives on all matters pertaining to the administration of the Force, He shall in particular guide and direct the Deputy Inspectors General and the Chief Security Officers and it shall be his duty to ensure that each Deputy Inspector General maintains the Force in his charge at a high level of efficiency and discipline.

(2) The Inspector General shall keep himself in touch with the Chairmen, Managing Directors and General Managers of the public sector undertakings where the Force is deputed and post himself from time to time with the problems and needs of each such undertaking in relation to the Force. He shall maintain close liasion with the police and other authorities of the States so as to secure eftective co-ordination between the Slate police and the Force in regard to n, alters pertaining to the protection and security of public sector undertakings. He shall keep the Central Government duly informed of all matters of importance.

5. Duties of Deputy Inspector General.—(1) For proper supervision of the Force the country shall be divided in Zones. A Deputy Inspector General shall be in charge of each Zone. He shall be responsible for maintaining the Force in his charge in a State of high efficiency, training, discipline and morale. For this purpose he shall inspect the battalions and the industrial undertaking* in public sector In his Zone where the Force is deputed at least twice a year and send his inspection reports to the Inspector General giving details of the state of the Force and its administration.

(2) The Deputy Inspector General shall be readily available to the Commandants (Chief Security Officers) and shall aid, advise u'nd control them. He shall keep in touch with the Chairmen, Managing Directors and General Managers of the undertakings in his Zone and she'll also keep liaison with the State authorities with a view to securing full co-operation between the State police and the Force in ensuring proper protection and security of the property of the industrial under- takings in the public sector in his Zone. He shall keep the Inspector General fully informed of all developments which, need his attention. Normally all communications between the Chief Security Officer and the Inspector General shall be channelised through the Deputy Inspector General though in cases of great urgency the Chief Security Officer may write to the Inspector General direct in which case he shall endorse a copy to the Deputy Inspector General.

6. Duties of Managing Director and General Manager—The Force deputed to an undertaking shall work under the general supervision, direction and control of the Managing Ddrector or General Manager of that undertaking. The Com- mandant (Chief Security Officer) of the Force shall keep the Managing Director

:SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1445

Or General Manager fully informed of all developments including the state of the Force. The Managing Director or General Manager shall inspect the posts •ot the Force situated in his undertaking at least once a year.

7. Duties of Commandant (Chief Security Officer).—(1) The Commandant

(2) The Commandant (Chief Security Officer) shall regularly inspect the •detachments of the Force posted outside the Headquarters and ensure that they remain in a high state of efficiency. He shall ensure that all members of the Force under him attend parade and refresher courses in turn according to a programme- When at Headquarters, he shall attend the parade every Tuesday and Friday and hold the Orderly Room every Friday.

(3) The Commandant (Chief Security Officer) shall be responsible for the security of the undertaking in which the detachments of his 'battalion are posted. -For that purpose he shall remain in close touch with the district as well as police authorities and the Heads of the various departments in the said under- taking. He shall keep the Managing Director and General Manager of the said undertaking as well as the Deputy Inspector General fully informed of a* •developments and send them regular fortnightly reports as prescribed. Matters •of urgent nature however, shall be brought to their notice by the quickest possible means. He shall pay his personal attention to the working of the Intelligence Wing and ensure that intelligence is efficiently collected and conveyed promptly to the Managing Director, General Manager and the Deputy Inspector General.

8. Duties of Assistant Commandant (Security Officer)—The Assistant Con** snandant (Security Officer) shall assist the Commandant (Chief Security Officer* and unless specifically directed to the contrary in the regulations framed for the purpose, he shall perform all the functions of the Chief Security Officer when so iequired by the latter. He shall be responsible for the efficiency disc pline and morale of the companies and all the branches under him and shall also be Responsible for the security of the undertaking or its part entrusted to him.

CHAPTER III

Procedure of arrest, search etc-

9. Arrest.—When any person is arrested under Section 11 of the Act he shall fee handed over to a police officer or at the nearest police station without avoidable delay along with a brief note giving the time, date and reasons of arrest.

it shall also be sent to the police along with the person.

CHAPTER IV

Appointments

„. Power, o,_A,"1.ta....-sSu?ie? "ot,he ^ p g d g. °,MJ. ** -d "- T" thf • • • General concerned and appointments to the r j m k s

t£f Head Security Guards, Security Guards and Followers may be made by the Chief Security Officer concerned.

12. Method of Recruitment—Appointments to the Force may be made by—

(i) direct recruitment;

(ii) deputation; and

1444 T HE GAZETTE OF INDIA EXTRAORDINARY [PART TI—

CHAPTER IV-A

Direct Recruitment

13. Direct recruitment will be to the ranks of Security Guards, Sub-Inspectors and Security Officers.

14. Qualification for direct recruitment—(l) No person shall be eligible for recruitment as a Sub-Inspector unless—

(a) he is an Indian national of not less than 19 years and not more than-

25 years of age;

(b) he is not less than 5 ft.—6 inch (or in the case of a hillman cr tribes- man 5 ft—" inch) in height and 32 inch round the chest unexpandedp (c) he has passed the Intermediate Examination from a recognised institu- tion or possesses such other equivalent educational qualifications as may be notified by the Central Government In this behalf. proficiency in games, sports and athletics, membership of the National Cadet Corps and such other organisations or institutions as may be approved by the Inspector General shall be additional qualifications.

(2) No person shall be eligible for recruitment as a Security Guard unless he—•

(a) is an Indian national of not less than 18 years and not more than

29 years of age;

(b) has passed class VI or equivalent examination; (c) is not less than 5ft.—6 inch, (or in the case of hillman or tribesman

5 ft.—3 inch.} In height and 32 inch, round the chest unexpanded.

(3) Notwithstanding anything contained in clause (b) of sub-rule (1) od Clause (c) of sub-rule (2) a person who is under 20 years of age and of heighl not less than 6 ft.—5 Inch, and 30 inch, round the chest unexpanded shall, if h

(4) Ex-servicemen who are of exemplary or very good charartpr mnv >,-.

S nmit provtded the? am enHsted notwithstanding that they exceed the above age under 30 years of age and are otherwise suitable for enlistment

(5) Relaxation in the above conditions for recruitment of security guards. can be made with the approval of the Deputy Inspector General In speclallv- deserving cases provided the candidate is medically fit. speciany-

15. Agreement.—At the time of appointment every member of the Force shall execute an agreement in the form in Appendix 'A'.

16. Followers.—A person having proficiency in the trade for which he i", required and who has attained the age of 18 years but not more than forty years may be enlisted as a follower by the Commandant provided he is medically fit.

CHAPTER IV-B

Deputation

17. (1) The Central Government may from time to time determine the number of posts In each rank to which appointments should be made by deputation.

(2) Deputation to any rank or post in the Force may be—

(a) from State Police forces, or

(b) from the Railway Protection Force, the Border Security Force ancT such other forces of the Union (other than the Army, Navy and Air Force) as may be notified by the Central Government from time ta time,

(3) The period of deputation shall normally be five years but such period may be reduced or increased by the Central Government generally or in individual cases.

(4) (i) During the period of deputation the officer on deputation sha'l be governed by the provisions of the Act and the rules and regulations made thereunder-

3BC. 3

(5) Save as -aforesaid, the other terms and conditions of deputation shall be -*uch as may -be agreed upon between the lending authority and the Central Government

(6) Notwithstanding anything contained in sub-rule (3) the Central Govern- ment tnuy, without assigning any reason, terminate the period of deputation ot .any officer at any time and such termination shall not be deemed to be a ^punishment-

CHAPTER IV-C

Promotion

1'8- (1) Promotion from one rank to another among the members of the Fore* #hall be made on the basis of select lists prepared by Committees appointed by the Inspector General for the purpose after holding such written, oral, practical and personality tests ae may be prescribed in the regulations. Conditions of eligibility of a candidate for promotion to a particular rank will be such as are laid in the regulations.

(2) Specially deserving security guards who have put in 15 years of service may be promoted, without undergoing the above written tests, to the rank of H"ad Security Guards on the basis of their service record, by the Commandant wtth the approval of the Deputy Inspector General but the total number of such promotions shall not exceed 20 per cent of the number of promotion made within *hL Zone at any given time. Similarly, specially deserving Head Security Guards ,Ir, have put in 20 years of service may without undergoing the above written t * ts be promoted to the rank of Assistant Sub-Inspector on the basis of their service record, by the Deputy Inspector General with the approval of the &ispe<** General but the total number of promotions shall not exceed 20 per cent of tn" total number of promotions made at any given time.

<3) Promotion to the rank of Security Officer and that from one rank of Superior Officer to a higher rank will be on the basis of selections made in accordance with the orders issued by the Central Government In this behalf.

19. Probation.—(1) All appointments by direct recruitment or promotion shall fee on probation for two years subject to the provision that the appomtuig au- thority may extend this period in special cases.

(•}\ Thf noDointinff authority shall, on the expiry of the period of such

post in the case of a promotee-

CHAPTER V

Special Provisions

20 Special Provisions for Scheduled Castes and Tribes members.—Special pro- visions and relaxations in respect of persona belonging to scheduled castes and scheduled tribes for appointments and promotions under Central Government Service as current from time to time shall apply with necessary notifications to *P Potatments and promotions in the Force in respect of persons belonging to "uch castes or tribes.

21 Power to Relax.-Nntwithstanding anything contained in . ^ f o r e g o i ng rules where in the interest of the formation and the due functioning of the Torces such course Is necessary, the Inspector General may, with the approval If the Central Government, relax the requirements of any rule relating to recruit- ment to the Force, to such extent as may be necessary.

CHAPTER VI

22 Pay and Allowances The various ranks in the Force shall be as follows ;jid their scales of pay, allowances etc. will be such as are notified by th" Government;—

1. Director, Industrial Security/Inspector General

2- Deputy Inspector General

1446 THE GAZETTE OF INDIA EXTRAORDINARY [PART If—

3- Chief Security Officer/Commandant 4- Security Officer/Assistant Commandant 5. Company Commander/Inspector 0. Platoon Commander/ Sub-Inspector 7. Assistant Sub-Inspector 8. Head Security Guard; 9- Senior Security Guard (Armed only)

10. Security Guard

CHAPTER VII

Conditions of service and Conduct

23. Powers of Inspector General to frame regulation.—The Inspector General may from time to time for the proper administration of the Force frame and Issue regulations with the approval of the Central Government, and the supervisory officers and members of the Force shall, as a condition of their service, be governed by such regulations in the discharge of their duties-

24. Rlsrht to form service Associations.—(1) No supervisory officer or member of the Force shall enrol himself as a member of or work for or make any contri- bution directly or indirectly to any Trade Union except with the previous permis- sion of the Central Government.

(2) A supervisory officer of the Force may, however, be a member of Ian association composed entirely of members of the service to which he belongs - tr of gazetted officers of the Industrial undertakings in the public sector, KL member of tho Force may, however, be a member of an association composed "of members of the service to which he belongs or an association composed entirely of members of the Force and constituted with the approval of the Inspector General.

(3) Any such association, as Is mentioned in sub-rulo (2) shall not, however, be an association that may affiliate itself to any union or other association whatsoever,

25. Recognition of Associations.—The Central Government may, from time to time, specify the authority competent to recognise associations, the conditions for their recognition and the privileges of such recognised associations and also provide for withdrawal of such recognition.

CHAPTER VIII

Training

26. Training- Manual.—The Inspector General shall frame a Training Manual prescribing the standard of training for different courses which shall include the following subjects :—

(1) Correct wearing of uniform, i.e. clothing and accoutrements; (2) Ceremonial Drill and Guard Mounting; (3) Squad, Platoon, Company and Battalion Drill and extended over movement;

(4) Training in Musketry including riot drill; (5) Physical Training; (6) Central Industrial Security Force Act, these Rules, Official Secrets Act, 1023 (19 of 1923), necessary provisions of the Code of Criminal Procedure, 1898 (5 of 1898) regarding search, arrest, etc. Necessary provisions of the Indian Penal Code, 1860 (45 of 1860) and other laws; (7) Industrial Security including physical security, internal security,1 departmental security, security of personnel, etc.;

(8) Labour problems and their handling; (9) System of collecting intelligence, etc.

(10) Fire Fighting for those in Fire Services; (11) Central Industrial Security Force Regulations, Industrial Security Manual, Dress Regulations Office Manual, etc.;

SEC. 3(H)] THE GAZETTE OF INDIA EXTRAORDINARY 1447

(12) Education and Elementary law.

(13) General, i.e. leadership, man management, etc.

(2) The syllabi for each course and its period of duration shall be given in the Training Manual-

27. Training Centres.—(1) There shall be a Central Industrial Security Force Training College for initial refresher and promotion courses for the members ano) supervisory officers of the Force. The college shall be under the charge of a principal who shall be of the rank of Chief Security Officer and during training the said officers and members of the Force shall be under the disciplinary control of the principal.

(2) In addition to the college referred to in sub-rule (1) there shall be training centres for recruits—one in each Zone. The training centre for recruits shall bo under the charge of a principal who shall be of the rank of the Security Officer.

28- Solemn affirmation of allegiance.—On appointment each recruit or cadet shall be required to solemnly affirm his allegiance in the form given in Appendix "B" and shall receive a certificate of appointment as prescribed in section 6 of the Act.,

CHAPTER IX

Penalties and Procedure

29- Rules (rovemins discipline.—(1) Supervisory Officers shall bo governed by the rules applicable to the officers of the Central Government of corresponding class in respect of disciplinary proceedings, punishments, appeals, revisions and representations,

(2) The members of the Force shall in such matter foe governed by the rules in this Chapter.

30 Suspension.—(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President by general or special order, may place a mem- ber of the Force under suspension:—

(a) where a disciplinary proceedings against him is contemplated or is

pending; or

(b) where a case against him in respect of any criminal ortencc is under

investigation, inquiry or trial:

Provided that where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the ap- pointing authority the circumstances in which the order was made.

(2) A member of the Force shall be deemed to have been placed under suspension by an order of the appointing authority—•

(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction, if in the event of a con- viction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or r e- moved or compulsorily retired consequent to such conviction.

Explanation.—The period of forty-eight hours referred to in c'ause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of t he Force under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, t he orders of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

1448 THE GAZETTE OF INDIA EXTRAORDINARY [PAIT 11^-

(4) Where a penalty of dismissal, removal or compulsory retirement from aervtce imposed upon a member of the Force is set aside or declared or ren- dered void in consequence of or by a decision of a court of law and the dis- ciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which, the penalty of dismissal, removal or compulsory retirement was originally imposed, th" member of the Force shall be deemed to have been placed under suspension by the appointing authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(5) (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do BO.

(b) Where a member of the Force is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or other- wise) and any other disciplinary proceeding is commenced, against him during the continuance of that suspension, the authority competent to place him under suspension, may for reasons to be recorded by him fn writing direct that tho member of the Force shall continue to be under suspension until the termination of all or any of such proceedings.

(c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or ia deemed to have made the order or by any authority to which that authority is subordinate.

31. Nature of penalties.—The following penalties may, for good and jufll- cient reasons and as hereinafter provided, be Imposed on a member of the Force, namely:—

(a) dismissal; (b) removal; (c) compulsory retirement; (d) reduction to a lower class or grade or rank or to a lower time scale

or to a lower stage in the time-scale of pay;

(e) withholding of increment or promotion; (f) removal from any office of distinction or deprivation of special emolu-

ment;

(g) fine to any amount not exceeding 7 days' pay; (h) censure.

Explanation—The following shall not amount to a penalty within the mean- Ing of this rule, namely:—

(i) withholding of incerement of a member of the Force for failure to pass a departmental examination in accordance with the rules or orders governing the class or grade or rank or post or the terms of his appointment;

(li) stoppage of a njemDer of the Force at the efflcienecy bar in a time- scale on the ground of his unfltness to cross the bar;

(iii) non-promotion whether in a substantive or officiating capacity, of a member of the Force, after consideration of his case, to a class, grade rank or post for promotion to which he is eligible;

(iv) reversion to a lower class, grade, rank or post of a member of the Force officiating in a higher class grade, rank or post on the ground that he is considered after trial, to be unsuitable for such higher class, grade, rank or post or on administrative ground unconnected with his conduct;

(v) reversion to his permanent service, grade or post of a member of the Force appointed to the Force on probation in accordance with the terms of his appointment or the rules and orders governing pro- bation;

(vi) replacement of the services of a member of the Force whose services have been borrowed from a State Government or an authority under the control of a State Government at the disposal of the authority which had lent his services;

Sue. 3(ii)] THE OAZETTE OF INDIA EXTRAORDINARY 1449

(vii) compulsory retirement of a member of the Force in accordance with the provisions relating to his superannuation or retirement;

(uiii) termination of service,—

(a) of a member of the Force appointed on probation during oj at th" end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation; or

(b) of a member of the force employed under an agreement in accord- ance with the terms of such agreement;

(c) of a member of the Force appointed in a temporary capacity or for a specified period on one month's notice or on tender of pay of one month in lieu ©f notlco or on the expiry of the said period.

32. Petty Punishments.—Head Security Guards and Security Guards may also Tje awarded, as punishment, extra drill, guard, fatigue or other duty for a term •not exceeding fourteen days.

Explanation.—Petty punishments shall ordinarily be awarded in Orderly Boom as provided in rule 36 in this Chapter.

33. Diseipllmary authority^—The disciplinary authority in respect of a mem- ber of the Force for the purpose of imposing any particular penalty or the pass- ing of any disciplinary order shall be the authority specified in this behalf in Schedule I under whose administrative control the member is serving and shall include any authority mentioned in the said schedule superior to such authority.

{34. Procedure for imposing major penalties.—(1) Without prejudice to the provisions of the Public Servants (Inquiries) Act, 1850 (37 of 1850) no order imposing on a member of the Force any of the penalties specified in Clauses (a) *tm (d) of rule 31 shall be passed except after an inquiry held as far as may be inTthe manner hereinafter provided.

(2) The disciplinary authority shall frame definite charges on the basis of "the allegations on which the inquiry is proposed to be held. Such charges toge- ther with a statement of the allegations on which they are based, shall be com- municated in writing to the member of the Force and he shall be required to submit, within such time as may be specified by the disciplinary authority, a written statement of his defence and also to state whether he desires to be heard in person.

Explanation.—In this sub-rule end in sub-rule (3), the expression "the disci- plinary authority" shall include the authority competent under these rules to impose upon the member of the Force any of the penalties specified in clauses '(e) to (h) of rule 31.

(3) The member of the Force shall for the purpose of preparing his defence ibe permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing, in the opinion of the disciplinary authority, such records are not relevant for, the purpose or it is against the public interest to allow him access thereto.

(4) On receipt of the written statement of defence or If no such statement is received within the time specified, the disciplinary authority may itself inquire into such of the charges as are not admitted or if it considers it necessary so to •do, appoint & supervisory officer or an officer not lower in rank than an Inspec- tor, or a Board of Inquiry as the Inquiring Authority to conduct the inquiry.

(5) The member of the Force so charged may be permitted by the Inquiring Authority referred to above to present his case with the assistance of any other member of the Force approved by it.

(6) The Inquiring Authority referred to above shall, in the course of the Inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the clr rges. The memlber of the Force shall be entitled to cross-examine witnesses examined in support of the -charges, to give evidence in person and to produce defence witnesses. If the said Inquiring Authority declines to examine any witness on the ground that hia evidence is not relevant or material, it shall record its reasons for the same in writing.

(7) At the conclusion of the Inquiry, the Inquiring Authority referred to above shall prepare a report of the inquiry, recording its findings on each of the

I45o THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

charges together with reasons therefor. If in the opinion of such authority. the> proceedings of the inquiry establish charges different from those originally framed, it may record its findings on such charges, provided that findings on. auch charges, shall not be recorded unless the member so charged has admitted the facts constituting the said charges or has had an opportunity of defending himself against them.

(8) The record of the inquiry Shall include—

(i) the charges framed against the member of the Force and the state- ment of allegations furnished to him under sub-rule (2) of this rule;

(ii) the written statement of defence, if any, submitted by the member of

the Force;

Authority referred to above in regard to the inquiry; and (vi) a report setting out the findings on each charge and the reasons there- for.

(9) The disciplinary authority shall, if it is not the Inquiring Authority refer- red to above, consider the record of the inquiry and record its findings on each charge.

(10) (i) If the disciplinary authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in cla-uses (a) to (h|) of rule'31 should be imposed, it shall pass appropriate orders in the case.

(11) If it is of opinion that any of the penalties specified in clauses (a) to (

(a) furnish the member so charged with a copy of t he report of the Inquir- ing Authority referred, to above and, where the disciplinary authority is not the said Inquiring Authority, a statement of its findings toge- ther with brief reasons for disagreement, if any, with the findings of the said Inquiring Authority be also furnished to that member;

(b) give the member so charged a notice stating the action proposed to be taken in respect of him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed action; and

(c) consider tha representation, if any, made by the member So charged in response to t he noiice under sub-clause (b) and determine what penalty, if any, should be imposed on the member so charged, and pass appropriate orders in the case.

(11) Orders passed iby the disciplinary authority shall be communicated to the member of the Force who shall also be supplied with a copy of the report of the Inquiring Authority referred to above and, where the disciplinary authority Is not t he said inquiring Authority, a statement of its findings together with brief reasons for disagreement if any, along with t he findings of the said Inquiring Authority shall also be supplied to that member unless they have already been nupplied to him.

35. Procedure for imposing minor p e n a l t i e s . -^ 1) No order imposing any of t he penalties specified in clauses (e) to (h) of rule 31 shall be passed except after—

(a) the member of t he Force is informed in writing of t he proposal to take action against him and of the allegations on which it is propos- ed to take action and given an opportunity to make any representa- tion he may wish to make, and

(b) such representation, if any, is taken into consideration by t he discipli- nary authority.

(2) T he record of proceedings in such cases shall include:—•

(i) a copy of the intimation to the memiber so charged of the proposal to take action against him;

(11) a copy of the statement of allegations communicated to him;

(iii) the representation, if any, made by the member so charged; and (iv) the orders on the jase together with the reasons therefor.

Sac. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1451'

36. Procedure for imposing petty punishments.—Petty breaches of discipline and trifling cases of misconduct oy the members of the force not above the rank of: the Head Security Guards or Security Guards shall be inquired into and dis- posed of in the Orderly Room. The punishments enumerated in rule 32 may be awarded, making a record of the summary proceedings in the Orderly Room Register which shall be maintained for keeping record of such punishments. There shall be no appeal against the petty punishment awarded hi the Orderly Room.

37. Special Procedure in certain cases.—Notwithstanding anything contained in rule 34, rule 35 or rule 36, where a penalty is imposed on a member of the force— (a) on the ground of conduct which had led to his conviction on a crimi- nal charge; or

(ib) where the disciplinary authority is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to follow the proce- dure prescribed in the said rules.

The disciplinary authority may consider the circumstances of the case and pass such orders thereon as it deems fit.

A member of the force who has been convicted to rigorous imprisonment on a criminal charge shall be dismissed from service. In such cases no evidence need bo given to prove the charge. Only a notice shall be given to the party cr:urged proposing the punishment of dismissal for bis having been convicted to rigorous imprisonment and asking him to explain as to why the proposed punish- ment of dismissal should not be imposed.

38. Provisions regarding: members of the Force taken from State Government etc.—(1) Where an order of suspension is made or a disciplinary proceeding is taken against a member of the Force whose services have been borrowed from a State Government or an authority subordinate thereto or any other department of the Central Government, the authority lending his services shall forthwith be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be.

(2) In the light of the findings in the disciplinary proceedings taken against such a member of the force—•

(a) if the disciplinary authority is of opinion that any of the penalties specified in clauses (c) to (h) of rule 31 should be imposed on him it may after consultation with the lending authority, pass such orders 19jhe c a se as :t dce™s necessary, provided that'in the event of a difference of opinion between the borrowing authority and the lend- ing authority, the services of the member shall be replaced at the disposal of the lending authority;

(b) if the disciplinary authority is of opinion that any of the penalties specified In clauses (a) to (d) of rule 31 should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it deems necessary.

rnd^t h e

n

1?r d e r"S h a 11 ^ ^ c i fy the position in the lower rank on rank lower than that to which ho was first appointed to the service nor shall ho be reduced permanently m the sense that he may never be eligible for re- promotion however meritorious his subsequent service may be When reduction to a lower rank, class, grade or a lower time-srnle or a lower sta^e in the time rch%1|durcHe such reduction as well as the period for which the reduction shall hold good.

^ l i , ™ ^1 1!' increment.—In the case of withholding of increment as a P^,f. mie n t> t h e,o r d cr snail state the period for which the increment is to be withheld and whether it shall have the" effect of postponing f u r t ^r increments

CHAPTER X

Appeals, Revision and Petitions

made or 13 deemed to have made the order la immediately subordinate

~%4$2 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT JI—

42. Appeals against order imposing penalties.—(1) A member of the Force may ^appeal against an order imposing upon him any of the penalties specified in .rule 31 to the authority immediately superior to the authority Imposing th* jjenalty.

NOTE.—Appeals against the orders of the Deputy Inspector General shall li" ^o the Inspector-General and against his orders to the Central Government.

(a) There shall be no second appeal. But when the appellate authority im- poses a penalty higher than the one appealed against, an appeal shall lie to th" authority next superior to the appellate authority only if the penalty imposed by the appellate authority is higher than what was within the competence of th" authority which imposed the original penalty.

42-A. Period of limitation for appeals.—No appeal under these rules shall b* •entertained unless it Is submitted within a period of one month" from the date on -which the appellant receives a copy of the order appealed against:—

Provided that the appellate authority may entertain the appeal after the ex- -plry of the said period, if it is satisfied that the appellant had sufficient caum :for not submitting the appeal in time.

43. Farm and contents of appeal.—(1) Every member of the Force submitting an appeal shall do so separately and In his own name.

(2) The appeal shall be addressed to the authority to whom, the appeal liea, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete jn itself.

44. Submission of appeals.—Every appeal shall be submitted to the authority -which made the order appealed against;

Provided that if such authority is not the head of the office under whom the appellant may be serving or if ho is not in service, the head of the office under whom he was last serving, or is not subordinate to the head of such office, the .appeal shall be submitted to the head of such office who shall forward it forth- with to the said authority.

45. Withholding of appeals.—(1) The authority which made the order appeal- ed against may withhold the appeal if—

(i) it is an appeal against an order from which no appeal lies; or (ii) it does not comply with any of the provisions of rule 43; or (iii) it is not submitted within the period specified in the Act and no cause is Shown for the delay; or

i(iv) it is a repetition of an appeal already decided and no new facts or cir- cumstances are adduced.

Provided that an appeal withheld on the ground ordy that it does not comply with the provisions of rule 43 shall be returned to the appellant and, if r e- submitted within one month thereof, after compliance with the said provisions •shall not be withheld.

(2) Where an appeal is withheld, the appellant shall be informed of the fact and the reasons therefor.

40. Transmission of appeals.—The authority which made the Order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under rule 45 together with its comments thereon and the relevant records.

47. Consideration of appeals.—(1) In the case of an appeal against an order of suspension, the aopellarte authority shall consider whether, in the light of the provisions of rule 29 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in rule 31 the appellate authority shall consider,—

(a) whether the procedure prescribed in these rules has been complied with, and ' not. whether iec. J(H)] THE GAZETTE OF INDIA EXTRAORDINARY 145J

(b) whether the findings are justified; and.

(c) whether the penalty imposed ia excessive, adequate or inadequate;

•nd pass orders,

(i) setting aside, reducing, confirming or enhancing the penalty; (ii) remitting the case to the authority which imposed the penalty; or to any other authority with such direction as it may deem fit in the circumstances of the case;

Provided that—

(i) the appellate authority shall not impose any enhanced penalty which neither such authority nor the authority which made the order ap- pealed against is competent in the case to impose;

(ii) no order imposing an enhanced penalty shall be passed unless the ap- pellant ia given an opportunity of making any representation which he may wish to make against such enhanced penalty; and

(iii) if the enhanced penalty which the appellate authority proposes to im- pose ifl one of the penalties specified in clauses (a) to (d) of rule 31 and an inquiry under rule 34 has not already been held in the case, the appellate authority shall subject to the provisions of rule 34 itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry and after giving the appellant an opportunity of making any representation which he may wish to make against such penalty, pass such orders as it may deem fit.

48. Implementation of orders In appeal.—The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

49. Revision.—(1) Any authority superior to the authority making the order may, suo vnotu, if it considers necessary, revise an order, original or appellate, passed by such lower authority which comes to his notice within a period of one year from the date of the order.

(2) The revising authority may remit, vary or enhance the punishment impos- ed, or may order a fresh inquiry or the taking of further evidence in the case as it may consider necessary.

(3) The provisions of rule 47 relating to appeals shall apply so far as may be to such orders in revision.

50. Petitions^—(1) Any member of the Force may submit a petition in respect of any matter connected with his official position in which his personal interests- are involved other than a matter covered by the rules relating to appeals and revision.

(2) Each such member of the Force shall submit a petition solely relating to his individual case.

(3) Joint Petitions of any kind whatsoever shall not be taken notice of and submission of such petitions shall tie deemed to fee an act of indiscipline.

(4) Such petition shall be in proper form and not couched in improper langu- age and be submitted to the immediate superior even if the petitioner be on leave at the time. A petition submitted in contravention of this rule shall be summarily rejected.

(5) Such immediate superior shall submit it through his immediate superior to the authority competent to dispose It of. A Security Officer or an officer superior to him may withhold any such petition if it is couched in intemperate language, or is otherwise improperly written, in which pase he shall inform the- petitioner in writing that his petition has been withheld.

(6) In any subsequent petition to the competent authority, the petitioner shall also attach to his petition a copy of the order on his previous petition as com- municated to him by his immediate superior officer.

51. Other methods forbidden—The Supervisory officers and members of the Force are forbidden from resorting to any method other than that prescribed in these rules for pressing their claims or for obtaining redress of alleged grievances or reversal of orders. Any such attempt on their part shall be deemed to be an act of indiscipline.

riJE GAZETTE OF INDIA EXTRAORDINARY [PAUT U— I454

CHAPTER XI

Uniform

52. Dress regulations,—Dress regulations prescribing uniform and badges to be worn by supervisory officers and members of the Force shall be framed by the Inspector General with the prior approval of the Central Government.

53. Issue of uniforms to members of the Force.—On enlistment to the Force, a free issue of uniform shall be made to each member of the Force and follower according to t he scale laid down in the Dress regulations issued under rule 19. Serviceability period shall be fixed for each item of kit. Periodical inspections of kit shall be held by t he Chief Security Officers and articles which a re no longer fit for use may toe condemned and sent to stores for replacement. If the life of a condemned article has expired, it shall be replaced free. If its life has not expired, proportionate cost shall be deducted from t he members of the Force concerned, provided that no deduction may be made if the article has been r e n- dered unserviceable, owing to excessive wear and tear on duty or has been lost through no fault of the member concerned.

54. Uniform grant to supervisory officers.—Supervisory officers shall be entitl- ed to uniform grant as Indicated below, namely:—

(1) Officers of t he Regular Army, Indian Police Service or Slate police joining the Force on deputation ys gazetted officers.—Rs, 200.

(2) Local promotces or directly recruited gazetted officers.— (a) Initial ,

uniiomi grant of Rs. E00 regulated as under: —

(i) Rs. 450 i.e. ha"f the grant alter 3 months continuous officiating or temporary service in the gazetted ranks in the Force and on a cer- tificate from tne Inspector General that the Officer concerned is likely to continue as such.

Ui) Rs. -1^0 representing t lv balance ;>vi completion of three years ser- vice as gazet ea officer in the F u tv or on confirmation whichever JS earl.er subject To tnu simulation Dial the officer concerned if not substantive wrien ih--> amount becomes due, is certified by thp m.spiLt'tor-General a= fit toi permanent retention m the Force.

(b) Renewal uniform prr-mt of Rs. 450 a: intervals, of every five years to be calculated in respect of tcinpoiary or officiating gazetted officers horn the ante they I'Oinoiote tnree months temporary or officiating set vice m the For.t in a Gazetted post.

[2) &.v< •' Poll"' oi Anny ofT.cer^ hiJLjIlv appointed en deputation but -ubsequeu ly rc-tamcl pemmrentlv in the Force.—fa) Initial uirform r i a nt of T^~ 000 (H=. 450 u s u a l ly the amount of Rs 200 pfid to t he r'erutatio-iists b"'n<* (-leonru^ -from IMs emount. The balance of this F, TO Lint of Rs. 450 being ";,'<; d afler thev have completed 3 years ser- vice thereafter subject to the sliculation that the officers concerned, if not substantive when the amount becomes due, ar^ certified by the Inspector General as fit Jor peimanent retention in the Force).

(b) Renewal uniform grant of Rs. 450 every five years to be reckoned from the date of confirmation in the Force.

>TOTr—The uniform grant adi.msJi'c to tr:- offkor-i mentioned at item (3) shall be rubject ro the candition tnat the pm'mnls of initial and renewal grants receiv- ed by thfm fiom thf parent dcpaitnifils hal be deducted from the flrsl instal- ment "f R"- 450 on their being retained p-jrinaiifnily in the Force If the balance mrived at ;'f'er deducting Rs. 200 r.rid tli'j lm'ial and renewal grant sanctioned by the m i f 'l dPDartmcnt<; i- a negative figure it shall be adjusted against t he second insUilment of Ks. 450 so that the deputationists permanently absorbed in 1h° Ftiroe do not in any tat.e get moie than Rs,. 900 ai uniform grant in a period vof ten years.

(4) Police or Army (serving) Officers who a re received on deputation hi the Force but get release or retirement whilst in the Force and a re continued in the same rank in the Force —Rs. 200 if the period of their employment in the Force exceeds one year.

(5) Retired or release officers re-employed in the Force,—Rs. 200 if the

period of their re-cmployment in the Force exceeds one year.

SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1455

NOTE 1.—An officer due to retire within two years of the date on which uniform grant falls due shall not be entitled to the said grant.

NOTE 2.—-An officer mentioned int item (2) or item (3) quitting service on resig- nation or discharged within the period for which the uniform grant is sanctioned shall be liable to refund the proportionate amount of the said grant-

CHAPTER XII Miscellaneous

55. Resignation.—(1) The resignation of a member of the Force shall b" ^accepted only toy the officer who has power to make appointments to the rank or post held by such member.

(2) The resignation of a member of the Force who is under trial or whose conduct is under inquiry may be refused.

56. Discharge certificate.—Whenever a member of the Force ceases to be such member for any reason whatsoever, a discharge certificate in the form prescribed In the regulations shall be given to him.

57. Surrender ot Certificate of appointment—Every member ceasing to be a member of the Force shall surrender to the officer who is his immediate superior, his certificate of appointment which shall thereupon be submitted to the Chief Security Officer.

58. Re-enlistment.—A member of the Force who has been dismissed therefrom. shall not be re-enlisted- However, a member of the Force who has resigned may be re-enlisted with the sanction of the Deputy Inspector General.

59. Free Accommodation.—Normally the undertakings where the force has been deputed, shall provide accommodation in the township itself to all the super- visory officers and at the rate of 45 per cent married and 55 per cent unmarried % the members of the Force. Accommodation to the members of the Force shall be rent free but where such facilities are not available they shall get a house rent allowance in lieu thereof limited to the actual amount of house rent paid by th? member concerned subject to a maximum oL 10 per. cent of pay When residential accommodation is provided to a member he shall live there subject 1o such conditions and terms as may be specified by the Managing Direo- tor or the General Manager of the Industrial Undertaking.

60. Medical Facilities.— As Central Government servants personnel of the Force are governed by C.S. (MA) Rules, in which they are working to their employees of similar status.

61. Leave—The supervisory officers and members of the Force shall be govern- ed by tne leave rules as aie applicable to employees of the Central Government, casual and earned leave to the followers and all members of the Foice under him shall be granted by the Commandant except that in case of leave of more than thirty days to Inspectors where officiating arrangements are need >rt the approval of the Deputy Inspector Gpneral shall be trvken. C:i"ual lyave phall bp granted to Security Officers, Chief Security Officers & Deputy Inspector General by Chief Security Officer, IX?rUty Inspector General and Inspector Gener ii res- pectively. Earned leave to all supervisory officers shall be pranter] np1o 45 days by the Inspector General and for a longer period by the Central Government.

62. Recall from leave.—The supervisory officers and members of the Farce on leave may be recalled at any time by the authority empowered to sanction their leave. They may be directed to report for duty either at Headquarters or to proceed direct to the place at which their services are required. In cither case travelling allowance a"i on tour (by the shortest route) for the return journey may be allowed to them at the discretion of the authority recalling th^m from "leave.

63. Free leave pass concession,—The undermentioned frer> pw=s concessions from the Headquarters of the Force or the place of duty to the Railway Station nearest to his home and return shall be admissible to Head Security Guards, Security Guards and enrolled followers of the Force: •

(i) one free leave pass for every three years; (ii) one free leave pass for family every six years;

(iii) free leave pass when proceeding on medical leave of duration of not less than one month, provided it is certified that the illness or injury which necessitated medical lea-ve was not brought about by any fault or negligence on the part of the member of the Force concerned

J456 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

64. Benefits "n account "f 'Risk of afflce'/spedal 'risk of office'.—In these mat* ters supervisory officer and members of the iorce shall be governed by C C S. (KOP) Rules as amended from time to time.

65. Superannuation, etc.—The rules relating to superannuation pension, provi- dent fund and gratuity of supervisory officers and members of the Force shall bo the same as those applicable to the. Central Government servants.

66. Transfers.—Transfers of supervisory officers shall be made by the Inspec- tor General with the concurrence of the Central Government. Transfers of th" members of the Force within a battalion may be made by the Commandant and from one battalion to another in a Zone by the Deputy Inspector General and from one Zone to another by the Deputy Inspector General Headquarters.

67. Tenure.—Police officers coming on deputation from States may be on depu- tation for five years in the first instance. If, however, they are found fit and are willing to continue, their tenure may be extended by another five years or they may be absorbed permanently in the Force.

68. Non-appllcablllty of rules in certain cases—(1) These rules shall not apply to supervisory officers or members of the force taken on deputation from other nervices who shall continue to be governed by their own rules, nor to officers taken on contract who shall be governed by the conditions of their contract.

(2) Nothing In these rules shall be deemed to preclude the I*residejit—•

(a) from making any appointments to the force which he may consider

necessary, or

" (b) from passing any order or revising, whether on his own motion i>r otherwise, any order passed under these rules by any subordinate- authority.

69. Ministerial s t a f f e d) In view of the strictly confidential and technicfT nature of work which the Ministerial staff will be required to. handle, the forc& shall have a Ministerial cadre of its own, through in the initial stages persons may be taken on deputation also. The ranks of the cadre shall be:

(i) Superintendents (ii) Assistants (iii) Stenographers (iv) Senior Clerks (v) Clerks-cum-typists

(2) Direct recruitment on the basis of written tests shall be made by Depart- mental Committee appointed by the Inspector General for the posts of Assistants, Stenographers and Clerks. The rest of the posts may be filled by promotion in- accordance with the rules and procedure laid down in the Office Manual prepared1 toy the Inspector General with the approval of the Central Government.

SCHEDULE I

(Set Rule 33")

Schedule of disciplinary authorities and their powers to pass different disciplirar-v orders in respect of different classes and grades and racks of numbers of Force.

Disciplinary EUthorities ard tile extent of their pcwets Nature of disciplinary

SI. No.

Security CfFcer

Inspector General

Commandant/ Chief Security Officer

Deputy Ins- pector General

i

6 2

4

5

3

i

All memters

Suspension

All rrKrrters of the Force

Mi rrfrrlfis of the Force

A1J mfmters of the Force

of the Force

SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY 1457

6 I 2

3

4

5

2. (a) Dismissal

All members of the Force

All members

of the Force

All members of the Force

All members of the Force ex- cepting Ins- pectors & Sub- Inspectors.

D o.

Do.

Do.

Do.

(b) Removal (c) Compulsory Retire-

D o.

Do.

ment

Do.

Do.

D o.

D o.

D o.

D o.

Do.

D o.

D o.

(d) Reduction (c) Withholding of pro- motion or increment

All members of the Force-

D o.

D o.

Do.

Do.

(f) Removal from any office of distinction or deprivation of special emolument (g) Fine to an amount

not exceeding seven days pay

D o. Do.

D o. Do.

D o. Do.

(h) Censure

D o. D o.

Head Security Guards & Secu-

Head Security

Guards and

Heed Security Guards and

Security Guards

rity.

3. Punishment drill] extra guard fatigue or other duty.

. Security Guards.

Head Security Guards and Security Guards.

APPENDIX "A"

(See Rule 15)

FORM OF AGREEMENT

To

The President of India

In consideration of the President of India having agreed to appoint me as.—•

*an Inspector "| •a Sub-Inspector , *an Assistant Sub-Inspector I \n ,t h e. P^ntral *a Head Security Guard f Industrial Security •a Senior Security Guard F o r ce •a Security Guaid J

I son of hereby agree and undertake to—

(i) serve in the Central Industrial Security Force for a period of not less than three years with effect from the date of my appointment in the Force;

(ii) carry out all duties entrusted to me and all lawful orders given to me

by my suporiois in rank;

(iii) refund all the cost of training imparted to me in the Force or a sum equal to three months' pay and allowances whichever is leu. I" tin- event of tendering my resignation from the Force for any reason or reasons whatsoever during the period of my initial training or there- after during the aforesaid period of three years; and

(iv) if after three years I desire to resign, I will submit my request In writing

and will not withdraw from my duties unti1 I am duly relieved.

2. I understand and agree that my services can be terminated: —

(a) by the Deputy Inspector General at any lime during the period of my

'initial training or the period of my probation thTenfU.r on issue 01 notice of one month or the tender of one moi 'Vs pay in lieu of such notice; or

(b) by the appointing authority, without notice, on my failure to pass the

final examination of the initial training couwe.

1458 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII—SEC. 3(li)]

NOTE.—The term pay and allowance used In clause (ill) above means the usual pay and allowances received by him during the period of three months Immediately prior to the date of his resignation.

Witness

Signature

Signature of the employee

Designation Designation

Date Date Place Place

ACCEPTED

for and on behalf of the President of India

•Strike out whichever is not applicable.

APPENDIX "B"

(See Rule 29)

"I do solemnly affirm that I will be faithful and bear true allegi- ance to India and to the Constitution of India as by law established and that I will carry out the duties of my office loyally, honestly and with impartiality".

Signature

Signature and designation of the Superior Officer (in whose presence the affirmation IB made)

Date

[No. 36/17/68-BS.II/PVII.]

B. VENKATARAMAN, Jt. Secy.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MTNTO ROAD,

NEW DELHI AND PUBLISHED BY THE MANAOFR OF PUBLICATIONS, DKLHI, 1 9 69


  1. m c m b er °? the force shall be reduced to a »m1iW*?Se a^W a i?St o r d e r.of suspension.-A member of the Force may appeal S f or I dePmM ^UhD e m i°ni Mhe t h o r n y, to which the authority whTch ↩
  2. ↩
  3. «? / ?* f^C"? ↩

Cite this issue. Extraordinary Gazette of India, Government of India, 14 November 1969. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1969-11-14.E-1525-1969-0384-68501/. Archive identifier in.gazette.csl_extraordinary.1969-11-14.E-1525-1969-0384-68501.