REGISTERED No. D.(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No 10]

NEW DELHI, FRIDAY, APRIL 15, 1983/CHAITRA 23, 1905

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

as a separate compilation

LOK SABHA

The following Bill was introduced in Lok Sabha on the 15th April,

1983: —

BILL NO. 41 OF 1983

A Bill to amend the Central Industrial Security Force Act, 1968.

BE it enacted by Parliament in the Thirty-fourth Year of the Republic

of India as follows: —

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

(Amendment) Act, 1983.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

2. In the Central Industrial Security

Force Act, 1968

(hereinafter

referred to as the principal Art), for the long title, the following long

title shall be substituted, namely: —

"An Act to provide for the constitution and regulation of an

armed force of the Union for the better protection and security of

industrial undertakings owned by

the Central

Government

and

certain other industrial undertakings

and

for

matters

connected

therewith.",

3. In section 2 of the principal Act,™

(a) in sub-section (1),—

(i) for clause (a), the following clauses shall be substituted,

namely: —

'(a) "Director-General" means the. Director-General of

the Force appointed, under section 4;

50 of 1968.

Short

title

and com-

mence-

ment.

Amend,

ment of

long title.

Amend.

ment of

section 2-

(1)

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[PART H—

(aa) "enrolled member of the Force" means any sub-

ordinate officer, under officer or any other member of the

Force of a rank lower than that of an under officer;

(ab) "Force" means the Central Industrial Security

Force constituted under section 3;

(ac) "Force custody" means the arrest or confinement of

a member of the Force in accordance with rules made

under this Act;';

(fi) clause (d) shall be omitted;

(Hi) in clause (f), the words ", other than a supervisory

officer" shall be omitted;

(iv) after clause (h), the following clause shall be inserted,

namely:—

'(ha) "subordinate officer" means a person appointed to

the Force as an Inspector, a Sub-Inspector or an Assistant

11 Sub-Inspector;';

(v>) after clause (i), the following clause shall be Inserted,

namely: —

'(j) "under officer" means a person appointed to th»

Force as a Head Constable, Na^;k or Lance Naik.¹;

(b) for sub-section (2), the following sub-section shall be

substituted, namely: —

" (2) Any reference in this Act to a law which is not in force

in any area shall, in relation to that area, be construed as a

reference to the corresponding law, if any, in force in that area.".

4. In section 3 of the principal Act,—

(o) in sub-section (1), for the words "a Force", the words "an

armed force of the Union" shall be substituted;

(b) in sub-section (2), for the words "supervisory officers ana

members", the words "supervisory officers, subordinate officers, under

officers and other enrolled members" shall be substituted.

5. In section 4 of the principal Act,—

(a) for sub-section (1), the following sUb-section shall

substituted, namely: —

"(1) The Central Government may appoint a person to be

the Director-General of the Force and may appoint other persons

to be Inspectors-General, Deputy Inspectors-General, Comman-

dants, Deputy Commandants or Assistant Commandants of the

Force.";

(b) in sub-section (2), for the expression "Inspector-General",

the expression "Director-General" shaJJ be substituted.

Amend-

ment of

section 3,

Amend-

ment of

section 4,

£EC. 2]

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6. In section 5 of the principal Act, for the words "appointment of

members of the Force shall rest with the Inspector-General", the words

"appointment of the enrolled members of the Force shall rest with the

Director-General" shall be substituted.

7. In section 6 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be subuti-

tuted, namely: —

" (I) Every enrolled member of the Force shall receive on

his appointment a certificate in the form specified in the Sche-

dule, under the seal of the Director-General or such other

supervisory officer as the Director-General may specify in this

behalf, by virtue of which the person holding such certificate

shall be vested with the powers of an enrolled member of the

Force.";

(b) in sub-section (2), for the words "a member", the words

"an enrolled member" shall be substituted.

8. In section 7 of the principal Act,—

(a) for sub-section

(1), the following sub-section shall be

substituted, namely: —

"(I) The superintendence of the Force shall vest in tht

Central Government, and subject thereto and to the provisions of

this Act and of any rules made thereunder, the command,

supervision and administration of the Force shall vest in the

Director-General.";

(b) in sub-section (2),—

(i) for the words "a Deputy Inspector-General, Chief

Security Officer or Security Officer", the words "an Inspector-

General, a Deputy Inspector-General, a Commandant, a Deputy

Commandant or an Assistant Commandant" shall be substituted;

(ii) for the words "Central Government", tha words "Central

Government or the Director-General" shall be substituted.

9. In section 11 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be substi-

tuted, namely: —

"(1) Any member of the Force may, without any order

from a Magistrate and without a warrant, arrest—

(i) any person who voluntarily causes hurt to, or

attempts voluntarily to cause hurt to, or wrongfulJy restrains

or attempts wrongfully to restrain, or assaults, threatens to

assault, or uses, or threatens or attempts to use, criminal

force to him or any other member of the Force in the exe-

cution of his duty as such member, or with intent to pre-

vent or to deter him from discharging his duty as such mem-

ber, or in consequence of anything done or attempted to be

done by him in the lawful discharge of his duty as such mem-

ber; or

Amend-

ment of

switlon S.

Amend-

ment of

icctlon 9.

Amend,

merit of

section 7.

Amend,

mont of

section 11.

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[PART II—

(i/) any person who has been concerned in, or against

whom a reasonable suspicion exists of his having been con-

cerned in, or who is found taking precautions to conceal his

presence under circumstances which afford reason to believe

that he is taking such precautions with a view to committing,

a cognizable offence which relates to property belonging to,

or in the premises of, any industrial undertaking referred to

in clauses (b) and (c) of section 10, or relates to the other

installations, or to property in the premises of the other

installations, referred to in those clauses;

(Hi) any person who commits or attempts to commit a

cognizable offence which involves or which is likely to

involve imminent danger to the life of any person engaged

in carrying on any work relating to any undertaking or

installations referred to in clauses (b) and (c) of section

10.";

(6) in sub-section

(2), the

words "Supervisory officer

or"

shall be omitted.

10. After section 15 of the principal Act, the following section shall be

inserted, namely: —

''15A. (1) No member of the Force shall, without the previous

sanction in writing of the Central Government or of the prescribed

authority,—

(a) be a member of, or be associated in any way with, any

trade union, labour union, political association or with any class

of trade unions, labour unions or political associations; or

(b) be a member of, or be associated in any way with, any

other society, institution, association or organisation that is not

recognised as part of the Force or is not of a purely social,

recreational or religious nature; or

published any book, letter or other document except where such

communication or publication is in the bona fide discharge of

his duties or is of a purely literary, artistic or scientific character

or is of a prescribed nature.

Explanation.—If any question arises as to whether any society,

institution, association or organisation Is of a purely social, recrea-

tional or religious nature under clause (b) of this sub-section, the

decision of the Central Government thereon shall be final.

(2) No member of the Force shall participate in, or address,

any meeting or take part In any demonstration organised by any

body of persons for any political purposes or for such other purposes

as may be prescribed.".

11 In section 18 of the principal Act, for sub-sections (1) and (2), the

following sub-sections shall be substituted, namely: —

"(1) Without prejudice to the provisions contained In section

8, every member of the Force who shall be guilty of any violation

Insertion

<il new

section

15A,

Restric-

tions res-

pecting

right to

form as-

sociation,

etc.

Amend-

ment of

faction

18.

SEC. 2]

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of duty or wilful breach or neglect of any rule or regulation or

lawful order made by a supervisory officer, or who shall withdraw

from the duties of his office without permission, or who, being

absent on leave, fails, without reasonable cause, to report himself

for duty on the expiration of the leave, or who engages himself

without authority in any employment other than his duty as a

member of the Force, or who shall be guilty of cowardice, may be

taken into Force custody and shall, on conviction, be punished with

imprisonment for a term which may extend to one year.

(2) Notwithstanding anything contained in the Code of Criminal

Procedure, 1973, an offence punishable under this section shall bo

cognizable and non-bailable.

(2A) Notwithstanding anything contained in the Code of Crimi-

nal Procedure, 1973, the Central Government may invest the Com-

mandant with the powers of a Magistrate of any class for the

purpose of inquiring into or trying any offence committed by an

enrolled member of the Force and punishable under this Act, or any

offence committed by an enrolled member of the Force against the

person or property of another member of the Force:

Provided that—

(i) when the offender is on leave or absent from duty; or

(«) when the offence is not connected with the offender's

duties as an enrolled member of the Force; or

(Hi) when it is a petty offence even if connected with the

offender's duties as an enrolled member of the Force; or

(iv) when, for reasons to be recorded in writing, it is not

practicable for the Commandant invested with the powers of a

Magistrate to inquire into or try an offence,

the offence may, if the prescribed authority within the limits of

whose jurisdiction the offence has been committed so requires, be

inquired into or tried by an ordinary criminal court having jurisdic-

tion in the matter.".

12. In section 22 of the principal Act,—

(a) in sub-section (2),—

(i) In clauses (a), (b) and (c), the words "supervisory

officers and" shall be omitted;

(ii) after clause (g), the following clauses shall be inserted,

namely:—

"(99) regulating matters with respect to Force custody

under this Act including the procedure to be followed for

taking persons into such custody;

(ggg) regulating matters with respect to disposal of

cases relating to offences under this Act and specifying the

places in which persons convicted under this Act may be

confined;";

(in) In clause (h), the words "supervisory officers and" shall

be omitted;

2 of 1974.

2 of 1074.

Amend-

ment of

section

22.

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[PART II—

(iv) in clause (i), after the word "prescribed", the words

"or in respect of which rules are required to be made under

this Act" shall be inserted;

(b) in sub-section (3), for the words "or in two successive

sessions, and if before the expiry of the session in which it is so laid

or the session immediately following,", the words "or In two or more

successive sessions, and if, before the expiry of the session imme-

diately following the session or the successive sessions aforesaid,"

shall be substituted.

13. The amendments directed in the Schedule (being amendments of

a consequential nature) shall be made in the principal Act.

14. (1) The force constituted under the principal Act as functioning

immediately before the commencement of this Act (hereafter In this

section referred to as the existing Force) shall, on such commencement,

be deemed to be the force constituted under the principal Act as

amended by this Act, and every member of the existing Force holding

immediately before such commencement an office mentioned in column

(1) of the Table below shall, on such commencement, be deemed to have

bee.i appointed to the office mentioned in the corresponding entry in

column (2) of the said Table.

TABLE

(1)

1. Chief Security Officer

2. Deputy Chief Security

Officer

3, Security Officer

4. Head Security Guard

5. Senior Security Guard

6. Securitv Guard

(2)

Commandant

Deputy Commandant

Assistant Commandant

Head Constable

Naik

Constable.

(2) Notwithstanding anything contained in sub-section (i), any

member of the existing Force may, within thirty days from the com-

mencement of this Act, exercise his option by notice in writing to the

Director-General—

(a) if such member had been on deputation to the existing

Force from any other service, to revert to such other service, and

(b) in any other case, to retire from service,

•and an option so exercised shall be final, and a member exercising such

option shall be permitted, within thirty days from the date on which

he exercises such option to revert to the service from which he had

been on deputation or, as the case may be, to retire from service.

Explanation.—For the purposes of this section,

the expression

"member" includes an officer, and the expression

"Director-General"

shall have the same meaning as in the principal Act as amended by this

Act.

Conse-

quential

amend-

ments,

Provi.

sions as

to exist-

ing Force.

SEC, 21

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THE SCHEDULE

(See section 13)

CONSEQUENTIAL AMENDMENTS

1. Section 8.—For "member", at both the places where it occurs, substi-

tute "enrolled member'".

2. Section 9.—In sub-section (1), for "member", substitute "enrolled

member".

3. Section 10.—Omit "supervisory officer and".

4. Section 12.— (a) In sub-section (1), omit "any supervisory officer,

or";

(b) In sub-section (2), for "Code of Criminal Procedure, 1898", substi-

tute "Code of Criminal Procedure, 1973".

5. Section 13.—Omit "supervisory officer or".

6. Section 14.— (a) For

"Inspector-General",

wherever

occurs,

substitute

"Director-General'';

(b) in sub-section (I),—

(i) omit "supervisory officers and";

(ii) omit "officers and";

(d) in sub-section (3), omit "officer and".

7. Section 15.—(a) In sub-section (1), omit "supervisory officer and";

(b) in sub-section (2), omit "supervisory officer or".

8. Section 17.— (a) In sub-section (7), for "a member", substitute "an

enrolled member";

(b) in sub-section (3), for "Inspector-General", substitute

"Director-

General".

9. Section 19.—Omit "supervisory officers and".

10. Section 21.—Omit "supervisory officer or", wherever they occur.

11. The Schedule.—For "a member", at both the places where they

occur, substitute "an enrolled member".

5 of 1898.

2 of 1974.

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHX I[ -

STATEMENT OF OBJECTS AND REASONS

The Central Industrial Security Force has been constituted under

the Central Industrial Security Force Act, 1968 with the object of

providing for the better protection and security of industrial under-

takings owned by the Central Government, as well as those in public

sector. This Force has now been in existence for a period of about

13 years. During this period, the sanctioned strength of the Force has

grown from about 2,000 to about 49,000 officers and men and the Force is

at present deployed in 115 industrial undertakings. The responsibilities

of the Force have also grown greatly in magnitude as well as complexity.

The Force is today concerned inter alia with providing security to highly

sensitive undertakings like the installations of Department of Space,

Department of Atomic Energy, Oil Refineries, Petro-chemical Plants,

Steel Plants and major ports.

The security of these installations

has a bearing not only on economic and industrial growth but also on

the security and defence of the country. In view of these circumstances

and also based on actual experience of the working of the Force, an

urgent need has been felt for making the Force an armed force of the

Union and for giving some additional powers for dealing with the pro-

blems of security of the industrial undertakings. It is therefore proposed

to amend the Central Industrial Security Force Act to convert the Force

into an armed force of the Union and to make it a mire effective instru-

ment for providing security to vital industrial undertakings.

2. The following are principal features of the Bill: —

(a) The Force will bo made an armed force of the Union and

consequential changes made in the rank, structure and nomenclature

of the Force (Clauses 2, 3, 4, 5, 6, 7, 8 and 13 of the Bill).

(b) Power of the members of the Force

arrest without

warrant is being extended so as to cover assaults, use of criminal

force, wrongful restraint and voluntarily causing hurt to members

of the Force. This provision broadly covers offences under section

353 IPC (assault ort public servant in discharge of duties) and

section 332 IPC (voluntarily causing hurt to a public servant in

discharge of duties). Power to arrest without warrant is also being

extended to cover offences against property which may be lying

in the

premises of

an industrial undertaking

or installation.

Similarly, power to arrest without warrant has been extended

cognizable offences involving imminent danger to the life of per-

sons engaged in carrying on the work of the undertaking (clause

9 of the Bill),

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

right to form

association on the lines of similar restrictions in other armed forces

of the Union (clause 10 of the Bill).

(d) Punishment for offences which may be committed by

members of the Force, such as violation of duty, wilful breach of

rules, regulations, lawful orders, cowardice, etc., has been enhanced

from six months to one year. A provision has been made for

investment of powers of a Magistrate on the Commandant

for

inquiring into or trying such offences under certain circumstances

(clause 11 of the Bill).

3. The Bill seeks to achieve the above objects.

NEW DELHI;

p. c. SETHL

The 17th. February, 1983.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

FINANCIAL MEMORANDUM

Clause 5 of the Bill seeks to substitute for sub-section (1) of section

4 of the Central Industrial Security Force Act, 196&, a new sub-section

which provides for the appointment of a Director-General, Inspectors-

General, Deputy Inspectors-General, Commandants, Deputy Comman-

dants and Assistant Commandants of the Force. The intention is not to

create any new posts and it is only proposed to re-designate the existing

posts. In view thereof, the provisions of the Bill, if enacted and brought

into operation, would not involve any expenditure from the Consolidated

Fund of India.

SEC. 2]

THE GAZETTE OF INDIA EXTRAORDINARY

MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill seeks to convert the Central Industrial Security Force into

an armed force of the Union. As a sequel thereto, sub-section (2A),

as proposed to be inserted in section 18 of the principal Act by clause

11 of the Bill, provides, as in the other laws relating to armed forces,

for the inquiry into, and trial of, offences

committed by enrolled

members of the Force by Commandants. The proviso to the said new

sub-section (2A) empowers the prescribed authority to require ordinary

criminal courts to deal with offences by enrolled members falling under

the categories mentioned in the proviso. The rules under the Act will

have to provide as to who will be the prescribed authorities for the

purpose of the proviso.

2. New clause (ggg) as proposed to be inserted in sub-section (2)

of section 22 of the principal Act by clause 12 (a) (ii) of the Bill seeks to

empower the Central Government to make rules regulating the matters

with respect to the disposal of cases relating to offences under the Act

and specifying the places in which persons convicted under the Act may

be confined.

3. New clause (gg) as proposed to be inserted in sub-section (2) of

section 22 of the principal Act by clause 12 (a) (ii) of the Bill seeks to

empower the Central Government to make rules regulating the matters

with respect to Fi rce-custody under the Act including the procedure to

be followed for t\ ting persons into such custody. Provisions by way

of Force-custody are also consequential to the conversion of the Central

Industrial Security Force into an armed force- of the Un^:on.

4. The matters in respect of which rules may be made under the

aforementioned provisions pertain to procedure or matters of detail and

the delegation of legislative power is of a normal character.

AVTAR SINGH RIKHY,

Secretary.

PRINTED

THE

GENERAL

MANAGER,

GOVERNMENT

INDIA

PRESS,

MDJTO

ROAD,

NEW

DELHI

AND

PUBLISHED

THE

CONTROLLER

PUBLICATIONS,

DELHI,

1983