The Central Industrial Security Force Act, 1968

It was in the year 1968 and by the Central Industrial Security Force Act, 1968 (Act no. 50 of 1968), the Central Industrial Security Force- CISF was raised and given a statutory status as the country was having so many public industrial undertakings and there was need for creation of a special security apparatus for those undertakings. The basic and main purpose of the enactment was to make provisions to constitute and regulate the Armed Force of the Union in order to provide better protection and security of the Industrial Undertakings owned by the Central Government and also certain other Industrial Undertakings and their employees also and also for providing technical consultancy services to private sector Industrial establishments. The present legislation being one of Central Government was passed by the Indian Parliament in the 19th year of republic of India, and the same was assented by the honourable President of India on 2nd day of December, 1968. The Act was extended throughout the entire territories of India and for its commencement the Central Government was empowered to notify the date in the official Gazette, and same was 10th day of March, 1969. The provisions of this were amended several times, including in the years 1983, 1989, 1999 and recently in the year 2009 by Act no. 22 of 2009.

The provisions of the Act can be seen divided into twenty two sections, a Schedule and an Appendix. The first two provisions makes preliminary provisions, including short titling, commencement and extension of the Act and also sought to define certain terms used in the Act.

In relation to the purpose of the Act, the very much effective provisions are started containing from section 3 of the Act, where at the first instance the Act provides for constitution of the Armed Force of the Union as aforesaid by the Central Government which here named as the ‘Central Industrial Security Force’. The purpose of such Force is similar to the above stated. For manner of constitution of such Force and its composing officers, enrolled members and their remunerations will be prescribed. Certain Supervisory Officer, including Director General and other necessary supervisory officers will be appointed by the Central Government. And for appointing the enrolled members of the Force, the authority is vested with the Director General after being subjected to the Rules made under this Act. However, the Central Government is again having power to order in relation to such appointments, which will be binding on such Supervisory Officer to follow them. The Schedule annexed to this Act contains the format of the Certificate which all the enrolled members of the Force will be given under the seal of the Director General or such other supervisory officer. The Central Government is vested with the superintendence of the Force and the Director General is vested with the command, supervision and administration thereof. However, the said Director General can allow the vesting of administration with any other Supervisory Officer for certain prescribed area. Further, the Act also contains provisions regarding removal, dismissal, etc. of such enrolled members of the Force and also regarding provisions of appeal and revision before the prescribed authority, against such orders of removing or dismissing any enrolled member.

The Act enumerates the duties of the Member of the Force under its section 10, where it is specifically mentioned that the all members of the will be responsible for promptly obeying and executing all the lawful orders superior authority, for protecting and safeguarding the Central Government’s owned Industrial Undertakings, etc., for protecting and safeguarding any joint venture, private sector Industrial undertaking and all deputed ones, for protecting and safeguarding their employees. And beside these duties, all other given duties under this Act and also provided and entrusted by the Central Government, will also have to be performed by such Members.

Besides such duties, the members of the Force are given and vested with certain powers under this Act, like power of the member to arrest offences without an order from Magistrate or even without warrant, in certain situations, power of member to search without warrant, etc.

It also made clear that the Officers and Members of the Force should be always on duty for the purpose of this Act and will also be responsible to be employed at any place either inland or outside India. There are also certain restrictions against such Members of the Force that they cannot become the Member of any trade union, labour union, political associations, etc. or even of any society, institution, etc. except only when such society is purely social, recreational or religious nature, etc. Even such Members are restricted to communicate with the press or publish any book, letter, etc. Also in case of the suspension of the Member from the Force, such Members should not be ceased to be a Member and will be having same responsibilities, discipline, etc. which he would have during his duty.

There are also provided certain penalties under this Act against the Members for their wrongful conduct and the acts mentioned under this Act as offences. Similarly, the provisions of the Police (Incitement to Disaffection) Act, 1922 (Act no. 22 of 1922) will have applicability in case of Members of the Force as the same is applicable in cases of Member of the Police force. However, the provisions of the Payment of Wages Act, 1936, the Industrial Disputes Act, 1947, the Factories Act, 1948, etc. have no applicability in case of Members of the concerned Force. Also the Members are protected in relation to their acts done while discharging duties. Lastly, the Central Government is entitled under this Act to make rules for the purpose of carrying out the object of this Act and also such rules should be provided on the matters given under this Act.

Download & Read the Bare Act: The Central Industrial Security Force Act, 1968-pdf

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