The present piece of legislation is one which was enacted by the Indian Parliament as the Central Government’s enactment and the same is provided with the short title as ‘the Central Industrial Security Force (Amendment and Validation) Act, 1999’ (Act no. 40 of 1999). The ultimate purpose and object of the present enactment is to amend further the provisions of the Central Industrial Security Force Act, 1968 (Act no. 50 of 1968), however the revision petitions which were disposed of within the provisions of that Act and Rules made under it, is sought to be validated under the present enactment. That law of 1968 was provided for setting up of Central Industrial Security Force- CISF and to raise and give it the statutory status, due to the reason that there were many public Industrial Undertakings in the country. The said Act of 1968 was also amended several times before this present Amending Act comes in the picture. The present Act was enacted in the 50 year of the republic of India and it has received the assent from the President of India on 29th day of December, 1999. There are in all ten sections, where the provisions of the present enactment are divided, and the first among them is dealing with only short titling of the Act, as aforesaid.
In so far as the provisions relating to amendment are concerned, the Act at the very first instance sought to amend the long title of the Original Act of 1968 by replacing original with the new provided under this Act. As per the newly added long title, the purpose of the Original Act is to make provisions to constitute and regulate an Armed force of the Union for providing a better protection and security to the Central Government’s owned Industrial Undertakings and also certain other Industrial Undertakings and the employees of such Undertakings also. And the purpose also extends to provide for the technical consultancy services to Industrial Establishments from private sector.
Further, the Act sought to amend the provisions of section 2 of the Original Act, where originally, certain terms have been defined, however, here the Amending Act sought to provide for new term’s definition being ‘industrial establishment’ which here means the industrial undertaking or company within the meaning of provisions of the Companies Act, 1956 and also includes the Firm registered within the provisions of the Indian Partnership Act, 1932 engaged in the any industry, trade, business or service. Moreover, the section 3 of the Original Act as it is dealing with the constitution and maintenance of the Armed Force of Union (Central Industrial Security Force- CISF), by the Central Government, the present Amending Act sought to the duties on such Force, which the Central Government will entrust to such Force, in addition to that which is relating to the better protection and securing to such Industrial Undertakings owned by the Central Government, Joint Venture or Private Industrial Undertakings.
Further, section 8 of the original Act, as it is dealing with the Force Members removal and dismissal provisions are amended by this Amending Act to provide for orders of compulsory retirement of Member of the Force in addition to the removal, dismissal, etc. by the Supervisory Officer. And in other punishments besides such removal and dismissal, the Amending Act sought to add withholding of increment of pay and also withholding of promotion by the said Officer.
Further, in the provisions of the Original Act dealing with the appeals and revision, the Amending Act sought certain changes, by inserting new provisions by way of providing new sub sections like (2A) and (2B) to that section 9. The sub section (2A) as added provides for entitlement of the aggrieved enrolled Member of the Force against the order passed in earlier appeal, to move with the revision petition to the prescribed appellate authority within the period of 6 months therefrom. And the sub section (2B) makes provisions for calling of records, either on instances of such Member or even suo moto by such appellate authority. And also certain consequential amendments as to insertion of such new provisions, made by the Amending Act, under the relevant provisions.
In the provisions specifying duties of the Member of the Force in the Original Act, certain new duties sought to be added by this Amending Act, like duty as to providing Technical consultancy services in respect of security of any Private sector industrial establishments and protecting and safeguarding the Central Government owned or funded organisations and their employees and also other duties which will be entrusted by the Central Government. Moreover, a new provision being Section 14A was added by this Amending Act which is dealing with provisions as to Technical Consultancy Service for industrial establishments by the Members of the Force, which was made lawful for the Director General to direct as such.
Also the Amending Act has inserted certain matters by adding certain clauses to section 22 of the Original Act, on which the Central Government was empowered under that Act to make rules.
And lastly, the provision of section 10 of this Amending Act sought to validate certain revision petitions which were disposed of irrespective of whatever contained in any judgment, decree or order of any Court, or in Rule 49 of the Central Industrial Security Force Rules, 1969. Thus, the present Amending Act was third Act for the amendment to the Original Act, however, recently in the year 2009 there was also an Amending Act provided for further amending the provisions of the Original Act.
Download & Read the Bare Act: The Central Industrial Security Force (Amendment and Validation) Act, 1999-pdf