Central Industrial Security Force Act, 1968 Complete Act - Bare Act

StateCentral Government
Year1968
Act Info:
CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968


CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968


50 of 1968

2nd December, 1968

At present security arrangements at important industrial undertakings in the public sector are handled by the Watch and ward staff of the Orgnisation concerned. The Watch and Ward staff is generally engaged in guarding the entrances or The perimeter of the industrial undertaking and in preventing entries of unauthorized persons. Unplanned recruitment, Inadequate supervision, training an discipline have made the existing watch and ward staff ill equipped to discharge its Responsibilities. It is considered necessary to strengthen the security arrangements in vital industrial undertakings. For that purpose it is proposed to constitute a centrally recruited, organized and trained Industrial Security Force. The Force will primarily be responsible for the watch and ward of industrial undertakings owned by the Central Government and may be deployed at the request and cost of management's, for security duties of industrial undertakings in public sector. 2. The Bill is intended to give effect to these proposals. 3. The following are the principal features of the Bill: - (a) The Central Industrial Security Force will be constituted and maintained primarily for the better protection And maintenance of Industrial undertakings owned by the Central Government (clause 3 of the Bill). (b) The Superintendence of the Force shall vest in the Central Government and subject thereto the administration Of the Force shall vest in the Inspector General of the Force who will be assisted by a Deputy Inspector-General, a Chief Security Officer and other Security Officers, etc. (clause 7 of the Bill). (c) On a request being received from the Managing Director of an industrial undertaking in public sector, such number of officers and members of the Force as the Inspector-General may consider necessary may be deputed by the Inspector- General for the protection and security of that industrial undertaking and the cost to be incurred in connection with such officers and members while on deputation shall be borne by the industrial undertaking and not by the Government (clause 14 of the Bill). (d) The duties of the officers and members of the Force have been spelt out in great detail (clause 10 of the Bill). (e) Limited powers of arrest and search without warrant have been given to a superior officer under specified circumstances (clauses II, 12 and 13 of the Bill). (f) Other provisions of the Bill deal with matters relating to recruitment, training, supervision, discipline, removal, dismissal, etc., of the members of the Force. - Gaz. of Ind.. 2-8-1966, Pt. II, S. 2, Ext., P. 435.

Act 14 of 1983.- 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 undertakings 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 sens'.tive 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 problems 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 more effective instrument for providing security to vital industrial undertakings. 2. The following are principal features of the Bill:- (a) The Force will be 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. S and 13 of the Bill). (b) Power of the members of the Force to 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 on public servant in discharge of duties) andsection 332 IPC (Voluntarily causing hurl 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 to cognizable offences involving imminent danger to the life of persons engaged in carrying on the work of the undertaking (clause 9 of the Bill). (c) Restrictions have been proposed on the 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- 11of the Bill). 3. The Bill seeks to achieve the above objects. - Gar. of Ind., 15-4-1983, Pt. II, S. 2, Ext" P. 8 (No. 10), Act 20 of 1989.- The Central Industrial Security Force (CISF) was raised under the Central Industrial Security Force Ad, 1968 to provide protection and security to Central Government Industrial Undertakings. At prelent, it is deployed in 182 Government/Public Undertakings all over the country. The demands from Government/Public Undertakings for deployment of the CISF have grown in recent years due to the prevailing security environment in some pans of the country. The managements of these undertakings expect CISF to provide security not only to vital industrial installations but also to the employees of these undertakings. Increasingly therefore, the CISF, as an Armed Force of the Union, is being called upon to ensure the protection of machinery and property as well as the employees who are essential to running these Undertakings. The Force is expected to be in a position to provide effective security to the employees of these Undertakings so that they could attend to their jobs without any fear while on duty. 2. At present, underS.11(1) (iii), the CISF can only act in times of "imminent danger" which is interpreted to mean immediate danger which cannot be instantly met or one that cannot be guarded against by calling on the assistance of others or the protection of the law. The CISF cannot exercise its limited powers of arrest under this section unless these conditions are met. The word "imminent" qualifying the word "danger" is a serious limitation upon the freedom of CISF lo act in the face of a threat and does not seem warranted in the present circumstances. It is proposed, therefore, to remove the word "imminent" occurring in clause (iii) of sub-section (1) ofS.11of the CISF Act. 3. It is also considered appropriate to take the opportunity to substitute the word "remove" for the word "suspend" in clause (1) ofS.87of the Act. This will bringS.8of the Act in conformity with provisions contained in the Constitution and other Service Rules. 4. The Bill seeks to achieve the above mentioned objects. - Gaz. of India, 5-12-1988, Pt. U.S. 2, Ext., P. 3 (No. 58). 24["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, certain other industrial undertakings, employees of all such undertakings and to provide technical consultancy services to industrial establishments in the private sector and for matters connected therewith.".] BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:-

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

- (1) This Act may be called The Central Industrial Security Force Act, 1968.

(2) It extends to the whole of India.

(3) It shall come into force on such date5as the Central Government may, by notification in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

- (1) In this Act, unless the context otherwise requires,-

6(a) "Director-General" means the Director -General of the Force appointed underS.4-;

(aa) "enrolled member of the Force" means .any subordinate 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 underS.3 -;

(ac) "Force custody" means the arrest or confinement of a member of the Force in accordance with rules made under this Act;

(b) "industrial undertaking" means any undertaking pertaining to a scheduled industry and includes an undertaking engaged in any other industry, or in any trade, business or service which may be regulated by Parliament by law;

(c) "industrial undertaking in public sector" means an industrial undertaking owned, controlled or managed by -

(i) a Government company as defined insection 617 of the Companies Act, 1956-,

(ii) a corporation established by or under a Central, Provincial or State Act, which is controlled or managed by the Government;

11(ca) "industrial establishment" means an industrial undertaking or a company as defined under section 3 of the Companies Act, 1956 (1 of 1956) or a firm registered under section 59 of the Indian Partnership Act, 1932 (9 of 1932), which is engaged in any industry, or in any trade, business or service;

7[(d) x x x x x]

(e) "Managing Director", in relation to an industrial undertaking, means a person (whether called a managing agent, general manager, manager, chief executive officer or by any other name) who exercises control over the affairs of that undertaking;

(f) "members of the Force" means a person appointed to the Force under this Act8[x x x x];

(g) "prescribed" means prescribed by rules made under this Act;

(h) "scheduled industry" means any industry engaged in the manufacture or production of the articles mentioned in the First Schedule toIndustries (Development and Regulation) Act, 1951-;

9[(ha) "subordinate officer" means a person appointed to the Force as an Inspector, a Sub- inspector or an Assistant Sub-Inspector;]

(i) "supervisory officer" means any of the officers appointed underS.4-and includes any other officer appointed by the Central Government as a supervisory officer of the Force.

9[(j) "under officer" means a person appointed to the Force as a Head Constable. Naik or Lance Naik;]

10[(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.]

SECTION 03: CONSTITUTION

14of the Force-

(1) There shall be constituted and maintained by the Central Government12[an armed force of the Union] to be called the Central Industrial Security Force for the better protection and Security of Industrial undertakings owned by that Government.15["and to perform such other duties as may be entrusted to it by the Central Government"]

(2) The Force shall be constituted in such manner, shall consist of such number of13[supervisory officers, subordinate officers, under officers and other enrolled members] of the Force who. Shall receive such pay and other remuneration as may be prescribed.

SECTION 04: APPOINTMENT AND POWERS OF SUPERVISORY OFFICERS

- 16(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. Commandants, Deputy Commandants or Assistant Commandants of the Force.]

(2) The17[Director-General] and every other supervisory officer so appointed shall have, and may exercise, such powers and authority as is provided by or under this Act.

SECTION 05: APPOINTMENT OF MEMBERS OF THE FORCE

- The18[appointment of the enrolled members of the Force shall rest with the Director-General] who shall exercise that power in accordance with rules made under this Act. Provided that the power of appointment under this section may also be exercised by such other supervisory officer as the Central Government may by order specify in this behalf,

SECTION 06: CERTIFICATES OF MEMBERS OF THE FORCE

- 19[(1) Every enrolled member of the Force shall receive on his appointment a certificate in the form specified in the Schedule, 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.]

(2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be20[an enrolled member] of the Force.

SECTION 07: SUPERINTENDENCE AND ADMINISTRATION OF THE FORCE

- 21[(1) The superintendence of the Force shall vest in the 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.]

(2) Subject to the provisions of sub-section (1), the administration of the Force within such local limits as may be prescribed shall be carried on by22[an Inspector-General, a Deputy Inspector- General, a Commandant, a Deputy Commandant or an Assistant Commandant] in accordance with the provisions of this Act and of any rules made thereunder and every supervisory officer placed in charge of the protection and security of an industrial undertaking shall, subject to any directions that may be given by the23[Central Government or the Director-General] in this behalf, discharge his functions under the general supervision, direction and control of the Managing Director of that undertaking.

SECTION 08: DISMISSAL, REMOVAL, ETC., OF MEMBERS OF THE FORCE

- Subject to the provisions of article 311 of the Constitution and to such rules as the Central Government may make under this Act, any supervisory officer may -

(i) dismiss,25[remove]26[order for compulsory retirement of]or reduce in rank any24[enrolled members] of 'the Force whom he thinks remiss or negligent in the discharge of his duty, or unfit for the same; or

(ii) award any one or more of the following punishments to any24[enrolled member] of the Force who discharges his duly in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely:-

(a) fine to any amount not exceeding seven days' pay or reduction in pay scale;

(b) drill, extra guard, fatigue or other duty;

(c) removal from any office of distinction or deprivation of any special emolument.

27(d) withholding of increment of pay with or without cumulative effect;

(e) withholding of promotion;

(f) censure.

SECTION 09: APPEAL AND REVISION

- (1) Any28[enrolled member] of the Force aggrieved by an order made underS.8-may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and29["subject to the provisions of sub-section (2A), subsection (2B) and sub-section (3)"]the decision of the said authority thereon shall be final: Provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) In disposing of an appeal, the prescribed authority shall follow such procedure as may be prescribed.

30(2A) Any enrolled member of the Force aggrieved by an order passed in appeal under subsection (1) may, within a period of six months from the date on which the order is communicated to him, prefer a revision petition against the order to such authority as may be prescribed and in disposing of the revision petition, the said authority shall follow such procedure as may be prescribed.

(2B) The authority, as may be prescribed for the purpose of this sub-section, on a revision petition preferred by an aggrieved enrolled member of the Force on suo moto, may call for, within a prescribed period, the records of any proceeding under section 8 or sub-section (2) or sub-section

(2A) and such authority may, after making inquiry in the prescribed manner, and subject to the provisions of this Act, pass such order thereon as it thinks fit.

(3) The Central Government may call for and examine the record of any proceeding31["under section 8, sub-section (2), sub-section (2A) or sub-section (2B)"]of this section and may make such inquiry or cause such inquiry to be made and subject to the provisions of this Act, may pass such order thereon as it thinks fit: Provided that no order imposing an enhanced penalty under sub-section (2) or sub-section

(3) shall be made unless a reasonable opportunity of being heard has been given to the person affected by such order.

SECTION 10: DUTIES OF MEMBERS OF THE FORCE

- It shall be the duty of every32[x x x x] member of the Force -

(a) promptly to obey and execute all orders lawfully issued to him by his superior authority;

(b) to protect and safeguard the industrial undertakings owned by the Central Government together with such other installations as are specified by that Government to be vital for the carrying on of work in those undertakings, situate within, the local limits of his jurisdiction:

Provided that before any installation not owned or controlled by the Central Government is so specified, the Central Government shall obtain the consent of the Government of the State in which such installation is situate;

(c) to protect and safeguard such other industrial undertakings and installation for the protection and security of which he is deputed underS.14-;

33[(d) to protect and safeguard the employees of the industrial undertakings and installations referred to in clauses (b) and (c);

(e) to do any other act conducive to the better protection and security of the industrial

undertakings and installations referred to in clauses (b) and (c) and the employees referred to in clause (d).]

34(f) to provide technical consultancy services relating to security of any private sector industrial establishments under section 14A;

(g) to protect and safeguard the organisations owned or funded by the Government and the employess of such organisations as may be entrusted to him by the Central Government;

(h) any other duty which may be entrusted to him by the Central Government from time to time.

SECTION 11: POWER TO ARREST WITHOUT WARRANT

- 35[(1) Any member of the Force may) without any order from a Magistrate and without a warrant, arrest -

35[(i) any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, threatens to assault, or uses, or threatens or attempts to use criminal force to any employee, referred to in clause (d) ofS.10-, or to him or any other member of the Force, in discharge of his duty as such employee or in execution of his duty as such member, as the case may be, Or with intent to prevent or to deter him from discharging his duty as such member, or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such member;] or

(ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned 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; (iii) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve38[x x] 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) ofS.10-.]

(2) If any person is found trespassing on the premises of any industrial undertaking referred to in clauses (b) and (c) ofS.10-, he may. without prejudice to any other proceedings which may be taken against him, be removed from such premises by any36[x x x] member of the Force.

SECTION 12: POWER TO SEARCH WITHOUT WARRANT

- (1) Whenever39[x x x] any member of the Force, not below the prescribed rank, has reason to believe that any such offence as is referred to inS.11-has been or is being committed and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain the offender and search his person and belongings forthwith and, if he thinks proper, arrest any person whom he has reason to believe to have committed the offence.

(2) The provisions of the40 [Code of Criminal Procedure. 1973-] relating to searches under that Code shall, so far as may be, apply to searches under this section.

SECTION 13: PROCEDURE TO BE FOLLOWED AFTER ARREST

- Any41[x x x] member of the Force making an arrest under this Act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest.

SECTION 14: DEPUTATION OF THE FORCE TO INDUSTRIAL UNDERTAKINGS IN PUBLIC SECTOR

- (1) Subject to any general directions which may be issued by the Central Government, it shall be lawful for the42[Director-General], on a request received in this behalf from the Managing Director concerned of an industrial undertaking in public sector, showing the necessity thereof, to depute such number of43[x x x x] members of the Force as the42[Director-General] may consider necessary for the protection and security of that industrial undertaking and any installations attached thereto and the43[x x x] members of the Force so deputed shall be at the charge of the Managing Director: Provided that in the case of an undertaking, owned, controlled or managed,-

(i) by a Government company of which the Central Government is not a member;

(ii) by a corporation established by or under a Provincial or State Act, no such request shall be entertained unless it is made with the consent of the Government of the State in which the undertaking is situate.

(2) If the42[Director-General] is of the opinion that circumstances necessitating the deputation of the43[x x x] members of the Force in relation to an industrial undertaking under sub-section (1) have ceased to exist, or for any other reason it is necessary so to do, he may, after informing the Managing Director of that industrial undertaking, withdraw the43[x x x] members of the Force so depuled : Provided that the Managing Director may, on giving one month's notice in writing to the42[Director-General] require that the43[x x x] members of the Force so deputed shall be withdrawn, and the Managing Director shall be relieved from the charge from the date of expiration of such notices or from any earlier date on which the Force is so withdrawn.

(3) Every43[x x x] member of the Force, while discharging his functions during the period of deputation, shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this Act, if he had been discharging those functions in relation to an industrial undertaking owned by the Central Government.

SECTION 15: OFFICERS AND MEMBERS OF THE FORCE TO BE CONSIDERED ALWAYS ON DUTY AND LIABLE TO BE EMPLOYED ANYWHERE ININDIA

- (1) Every45[x x x x] member of the Force shall, for the purpose of this Act, be considered to be always on duty, and shall, at any time, be liable to be employed at any place within India.

(2) Save as provided inS.14-, no45[x x x] members of the Force shall engage himself in any employment or office other than his duties under this Act.

SECTION 15A: RESTRICTIONS RESPECTING RIGHT TO FORM ASSOCIATION ETC

- (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

(c) communicate with the press or publish or cause to be 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.

(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.]

SECTION 16: RESPONSIBILITIES OF MEMBERS OF THE FORCE DURING SUSPENSION

- A member of the Force shall not by reason of his suspension from office cease to be a member of the Force; and he shall during that period, be subject to the same responsibilities, discipline and penalties to which he would have been subject if he were on duty.

SECTION 17: SURRENDER OF CERTIFICATE, ARMS, ETC., BY PERSONS CEASING TO BE MEMBERS OF THE FORCE

- (1) Every person who for any reason ceases to be47[an enrolled member] of the Force, shall forthwith surrender to a.ny supervisory officer empowered to receive the same, his certificate of appointment, the arms, accoutrements, clothing and other articles which have been furnished to him for the performance of duties as a member of the force.

(2) Any person who wilfully neglects or refuses to surrender his certificate of appointment or the arms, accoutrements, clothing and other articles furnished to him, as required by sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

(3) Nothing in this section shall be deemed to apply to any article which, under the orders of the48 [Director-General], has become the property of the person to whom the same was furnished.

SECTION 18: PENALTIES FOR NEGLECT OF DUTY, ETC

- 49[(1) Without prejudice to the provisions contained inS.8-, every member of the Force who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or 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 inthe Code of Criminal Procedure, 1973-, an offence punishable under this section shall be cognizable and non-bailable.

(2A) Notwithstanding anything contained inthe Code of Criminal Procedure, 1973-, the Central Government may invest the Commandant 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

(ii) when the offence is not connected with the offender's duties as an enrolled member of the Force; or

(iii) 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 jurisdiction in the matter.]

(3) Nothing contained in this section shall be construed to prevent, any member of the Force from being prosecuted under any other law for any offence made punishable by that law, or for being liable under any such law to any other or higher penalty or punishment than is provided for such offence by this section: Provided that no person shall be punishable twice for the same offence.

SECTION 19: APPLICATION OF ACT 22 OF 1922 TO OFFICERS AND MEMBERS OF THE FORCE

-The Police (Incitement to Disaffection) Act, 1922-, shall apply to50[x x x] members of the Force as it applies to members of a police force.

SECTION 20: CERTAIN ACTS NOT TO APPLY TO MEMBERS OF THE FORCE

- Nothing contained inthe Payment of Wages Act, 1936-, orthe Industrial Diusputes Act, 1947-, orthe Factories Act, 1948-, or any corresponding law relating to investigation and settlement of industrial disputes in force in a State shall apply to members of the Force.

SECTION 21: PROTECTION OF ACTS OF OFFICERS AND MEMBERS OF THE FORCE

- (1) In any suit or proceeding against any51[x x x] member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority.

(2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the51[x x x] member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.

(3) Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any51[x x x] member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding.

SECTION 22: POWER TO MAKE RULES

- (1) The Central Government my, by notification in the Official Gazette, make rules52 ' for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for -

(a) regulating the classes, ranks, grades, pay and remuneration of53[x x x] members of the Force and their conditions of service in the Force;

(b) regulating the powers of duties of53[x x x] members of the Force authorised to exercise any function by or under this Act;

(c) fixing the period of service for53[x x x] members of the Force;

(d) prescribing the description and quantity of arms, accoutrements, clothing and other necessary articles to be furnished to the members of the Force;

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

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

(g) regulating the punishments and prescribing authorities to whom appeals shall be preferred from orders of punishment or remission of fines or other punishments, and the procedure to be followed for the disposal of such appeals;

54[(gg) 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:]

58(gggg) prescribing authority under sub-section (2A) of section 9 and the procedure to be followed by such authority in disposing of the revision petition;

(ggggg) prescribing authority under sub-section (2B) of section 9, the period within which such authority may call for the records and the manner in which such authority may make inquiry;";]

(h) the terms and conditions subject to which 53[x x x ] members of the Force may be deputed underS.14-and the charges therefor; 56[***]

57(hh) the manner in which and the fee on payment of which the technical consultancy services shall be provided under sub-section (1) of section 14A; and.

(i) any other matter which has to be, or may be, prescribed54[or in respect of which rules are required to be made under this Act].

(3) Every rule made under the section shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days, which may be comprised in one session55[or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid,] both Houses agree in making any modification in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

"The Committee feel that specific provision be made in the clause to provide for making of rules regarding the terms and conditions subject to which supervisory officers and inembers of the Force may be deputed for the protection of industrial undertakings in the public sector and for charges in respect thereof. A new paragraph (h) has accordingly been added to sub-clause (2) of the clause". - J.C.R.

(SeeS.6-) A. B. has been appointed[an enrolled member] of the Central Industrial Security Force under the Central Industrial Security Force Act, 1968, and is vested with the powers, functions and privileges of[an enrolled member] of the Force.


5.
The Act came into force on 10-3-1969, see Gaz. of Ind., 3-3-69, Pt. II, S. 3(ii), Ext" Page 291,


6.
Substituted for cl. (a) by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 3 (15-6-1983).


7.
Cl. (d) omitted, the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 3 .


8.
Words "other than a supervisory officer" omitted, the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 3 .


9.
Inserted, the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 3 .


10.
Substituted for sub-sec. (2), the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 3 .


11.
Inserted vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


12.
Substituted for the words "a Force" by the Central Industrial Security Force (Amendment) Act ( 14 of 1983), S. 4 (15-6-1983).


13.
Substituted for the words "supervising officers and members", the Central Industrial Security Force (Amendment) Act ( 14 of 1983), S. 4.


14.
Sec. 14 of the amendment Act (14 of 1983) reads as under:- "14. Provisions as to existing Force.- ( 1 ) The force constituted under the principal Act as functioning immediately before the commencement of this Act (hereinafter 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 been appointed to the office mentioned in the corresponding entry in column (2) of the said Table. TABLE ______________________________________________________________________________________

(1) (2) ____________________________________________________________________________________ 1. Chief Security Officer Commandant 2. Deputy Chief Security Officer Deputy Commandant 3. Security Officer Assistant Commandant 4. Head Security Guard Head Constable 5. Senior Security Guard Naik 6. Security Guard Constable. __________________________________________________________________________________________ (2) Notwithstanding anything contained in sub-section (1), any member of the existing Force may, within thirty days from the commencement 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 has been on deputation or, as the case may be, to retire from service.


15.
THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


16.
Substituted lor sub-sec. (1) by the Central industrial Security Force (Amendment) Act (14 of 1983), S.5 (15-6-1983).


17.
Substituted for the words "Inspector-General", the Central industrial Security Force (Amendment) Act (14 of 1983), S.5.


18.
Substituted for the words "appointment of members of the Force shall rest with the Inspector- General", by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 6 (15-6-1983).


19.
Substituted for sub-section (1) by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 7 (15-6-1983).


20.
Substituted for the words "a member", the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 7.


21.
Substituttd for sub-sec. (1) by the Central Industrial Security Force (Amendment) Act (14 of 1983), S.8 (15-6-1983).


22.
Substituted for the words "a Deputy Inspector-General, Chief Security Officer or Security Officer", the Central Industrial Security Force (Amendment) Act (14 of 1983), S.8.


23.
Substituted for the words "Central Government", the Central Industrial Security Force (Amendment) Act (14 of 1983), S.8.


24.
Substituted for the word "member" by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


25.
Substituted for the word "suspend", bv the Central Industrial Security Force (Amendment) Act (20 of 1989), S. 3 (18-5-1989).


26.
THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


27.
Inserted vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


28.
Substituted for the word "member" by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


29.
Substituted for "subject to the provisions of sub-section (3). ", vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


30.
Inserted vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


31.
Substituted for " under section 8 or under sub-section (2) ", vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


32.
Words "supervisory officer and" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


33.
Substituted for cl. (d) by the Central Industrial Security Force (Amendment) Act (20 of 1989), S. 4 (18-5-1989).


34.
Inserted vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


35.
Substituted lor sub-sec. (1) by the Central Industrial Security Force (Amendment) Act (14 of 1983), S.9 (15-6-11983).


36.
Words "supervisory officer or" omitted, the Central Industrial Security Force (Amendment) Act (14 of 1983), S.9.


38.
Word "imminent" omitted, the Central Industrial Security Force (Amendment) Act (20 of 1989), S. 5


39.
Words "any supervisory officer, or" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983). S. 13 and Sch. ('15-6-1983).


40.
Substituted for the words "Code of Criminal Procedure, 1898". the Central Industrial Security Force (Amendment) Act (14 of 1983). S. 13 and Sch. .


41.
Words "supervisory officer cr" omitted bv the Central Industrial Security Force (Amendment) Act (14 of 1983), S.13 and Sch. (15'-7-1983).


42.
Substituted for the words "Inspector-General" wherever it occurs by the Central Industrial Security Force (Amendment) Act (14 of 19S3). S. 13 and Sch. (15-6-1983).


43.
Words "Supervisory Officers and" in sub-sec. ( I ) and words "officers and "in sub-sees. (1), (2) and words "officer and" in sub-sec. (3) omitted, the Central Industrial Security Force (Amendment) Act (14 of 19S3). S. 13 and Sch. .


44.
THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


45.
Words "supervisory officer and "in sub-sec. ( 1 ) and "supervisory officer or" in sub-sec. (2) omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


47.
Substituted for the words "a member" by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


48.
Substituted for the words "Inspector-General", the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. .


49.
Substituted for sub-sees. (1) and (2) by the Central Industrial Security Force (Amendment) Act (14 of 1983), S.I 1 (15-6-1983).


50.
Words "supervisory officers and" by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


51.
Words "supervisory officer or" omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 13 and Sch. (15-6-1983).


52.
For Central Industrial Security Force Rules, 1969, see Gaz. of Ind., 14-11-1969, Pt. II, Section 3 (ii), Ext.. P. 1441.


53.
Words "supervisory officers and" in els. (a), (b), (c) and (h) omitted by the Central Industrial Security Force (Amendment) Act (14 of 1983), S. 12 (15-6-1983).


54.
Inserted, Gaz. of Ind., 14-11-1969, Pt. II, Section 3 (ii), Ext.. P. 1441.


55.
Substituted for the words "or in two successive sessions, and if before the expiry of the session in which it is so laid or the sessions, immediately following",Gaz. of Ind., 14-11-1969, Pt. II, Section 3 (ii), Ext.. P. 1441.


56.
Omited for "and ", vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


57.
Inserted vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


58.
Inserted vide THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999 (40 Of 1999), Dt. December 29, 1999 Published in Received the assent of the President on the 29th December, 1999 and was published in the Gazette of India, (Extra.), Part II Sec. 1, No.-53, dated December 29, 1999


CENTRAL INDUSTRIAL SECURITY FORCE RULES, 1969

S. 0. 4632, dated the 12th November, 1969

1.-In exercise of the powers conferred by Sec. 22 sub-section (1) of the Central Industrial Security Force Act, 1968 (No. 50 of 1968), the Central Government hereby makes the following rules, namely :

CHAPTER 01: PRELIMINARY

RULE 01: 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.

RULE 02: 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 Appendix to these rules ;

(c) "Schedule" means a Schedule appendix to these rules ;

(d) words and expressions used in these rules and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act.

CHAPTER 02: COMPOSITION OF THE FORCE

Duties

RULE 03: CONSTITUTION OF THE FORCE

- 3[(1) The Force shall consist of the following four branches, namely-

(i) Executive Branch;

(ii) Fine Service branch ;

(iii) Ministerial branch ; and

(iv) Executive (Women) Branch; ]

(2) Each branch shall consist of such supervisory officers (other than the Inspector- General) and members of the Force as the Inspector-General may, from time to time, specify.ltter dated 29th May, 1969 from the Deputy Secretary to the Government of India, Ministry of Home Affairs, addressed to the Inspector-General of the Force conveying the sanction of the President of India to the creation of certain posts in the Force. Amongst the posts so sanctioned was the post of Assistant Inspector-General who was ranked along with Commandant. Further, rule 3 was substituted in 1976. The substituted rule 3 shows that the Assistant Inspector-General/Principal, Training Colleges, Commandant (Fire) Commandant (Chief Security Officer) all rank equally. Therefore it could not be said that the orders of dismissal were passed by an authority subordinate to the authority by which the said petitioners were appointed and, the provisions of Cl. (1) of Art. 311 of the Constitution were violated.'4

RULE 03A: COMPOSITION OF THE FORCE

- (1) The ranks of Supervisory Officers and members of the Force shall be as follows : Supervisory Officers

(i) Inspector-General;

(ii) Deputy Inspector-General;5(* * *]

6[(iii)] Assistant Inspector-General/Principal, Training College/Commandant (Fire)/Commandant (Chief Security Officer) ;

6[(iv) Deputy Commandant (Deputy Chief Security Officer) ; ]

(v) Assistant Commandant (Security Offices/Vice Principal, Training College/Principal or Assistant Commandant, Trg. Centre/Assistant Commandant (Fire) Assistant Commandant/(JAD)/Deputy Superintendent of Police (lntelligence/ Crime).

Members

(vi) Inspector (Executive/Stenographer/Ministerial/Fire/Armourer);

(vii)Sub-Inspector (Executive/Stenographer/Ministerial/Fire/Armourer);

(viii) Assistant Sub-Inspector (Executive/Ministerial/Fire/Armourer) ;

(ix) Head Security Guard (Driver/Exccutivc/Fire/Armourer) ;

(x) Senior Security Guard (Executive/Fire/Armourer);

7[(xa) Lance Naik];

(xi) Security Guard (Execiitive/Fire/Burgler/Armourer);

(xii) Followers (Cook/Kahar/Sweepar/Chowkidar/Mochi/Barbar/Carpenta/Tailor/ Dbobi/Charge Mechanic/Motor Pump Attendant/ Switch Board Attendant/Painter). Each of the above categories of ranks (other than the rank mentioned at item No. (xu) shall be the immediate superior in sank to the rank mentioned below.

(2) Unless the context otherwise requires, reference to Commandant,8[Deputy Commandant] Assistant Commandant, Inspector, Sub-Inspector, Assistant Sub-Inspector, Head Security Guard, Senior Security Guard, Security Guard and Follower in these rules shall be deemed respectively to incinde references to all or any of the ranks of supervisory officers or other members of the Force, as the case may be, specified in items (iv) to (xii) of sub-rule (1).]

RULE 04: 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 take 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 Inspector-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 Chairman, 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 liaison with the police and other authorities of the States so as to secure effective co-ordination between the State police and the Force in regard to matters pertaining to the protection and security of public sector undertakings. He shall keep the Central Government duly informed for all matters of importance.

RULE 05: 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 the9[Units] and the industrial undertakings 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, advice and control them. He shall keep in touch with the Chairman, Managing Directors and General Managers of the undertakings in his Zone and shall also keep liaison with the State authorities with a view to securing full co-operation between the State police and the Force ensuring proper protection and security of the property of the industrial undertakings in the public sector in his Zone.' He shall keep the Inspector-General fully informed of all the 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.

RULE 06: 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 Director10[* * *] of that undertaking. The Commandant (Chief Security Officer) of the Force shall keep the Managing Director10[* * *] fully informed of all developments including the State of the Force. The Managing Director10 [* * *] shall inspect the posts of the Force situated in his undertaking at least once a year.

RULE 07: DUTIES OF COMMANDANT (CHIEF SECURITY OFFICER)

- (1) The Commandant (Chief Security Officer) shall be the Head of the9[Units]. He shall be responsible for the efficiency, discipline and morale,of the9[Units] and for the proper management of each branch of the Force under him. He shall periodically inspect the units of the Force under his command. All orders to the Force under him shall emanate from him and all communications from the Force under him shall pass through him.

(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 his11[Unit] 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 undertaking. He shall keep the Managing Director and General Manager of the said undertaking as well as the Deputy Inspector-General fully informed of all 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.

RULE 07A: DUTIES OF DEPUTY COMMANDANT

- (1) The Deputy Commandant shall assist the Commandant in the discharge of his duties ; and where he is placed as head of the unit he shall discharge all the duties of a Commandant and shall exercise only those financial powers that are delegated to him under the relevant rules.

(2) The Deputy Commandant shall be responsible for the efficiency, discipline and morale of the personnel under him and shall also be responsible for the security of the undertaking or its part entrusted to him.]

RULE 08: DUTIES OF ASSISTANT COMMANDANT (SECURITY OFFICER)

-The Assistant Commandant (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 required by the latter. He shall be responsible for the efficiency, discipline and morale of the11[personnel] under him and shall also be responsible for the security of the undertakings or its part entrusted to him.

CHAPTER 03: PROCEDURE OF ARREST, SEARCH, ETC

RULE 09: ARREST

--When any person is arrested under Sec. 11 of the Act he shall be 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.

RULE 10: SEARCH

-Whenever search of a person or his belongings is conducted under Sec. 12 of the Act, an inventory shall be prepared in the presence of two respectable witnesses and a copy of the inventory shall be given to the person concerned and if any property suspected to be stolen is found on such search, it shall also be sent to the police along with the person.

RULE 10A: PRESCRIBED RANK

-The prescribed rank for the purposes of sub-section (1) of Sec. 12 of the Act shall be the Senior Security Guard (Armed only).]

CHAPTER 04: RECRUITMENT TO THE FORCE

RULE 11: POWERS OF APPOINTMENT

-Subject to the provisions of the Act and these rules, appointments to the posts of Inspector, shall be made by the Deputy Inspector- General concerned and to the ranks of Sub-Inspector, Assistant Sub- Inspector, Head Security Guard, Senior Security Guard, Security Guard and Followers shall be made by the Commandant.

RULE 12: CONDITIONS OF ELIGIBILITY FOR THE APPOINTMENT TO THE FORCE

-No person shall be eligible for appointment to the Force unless-

(a)

(i) he is a citizen of India; or

(ii) he belongs to such categories of persons as may, from time to time, be declared by the Central Government as being eligible for appointment to the Force;

(b) he bears a good moral character.

RULE 12A: DISQUALIFICATION

-No person,-

(a) who has entered into or contracted a marriage with a person having aspouse living; or

(b) who, having a spouse living, has entered into or contracted a marriage with another person, shall be eligible for appointment to the Force: Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.]

CHAPTER 04A: DIRECT RECRUITMENT

RULE 13: NAME OF POSTS, THEIR CLASSIFICATION AND SCALES OF PAY

-The name of posts16[in the Force] their number and classification and the scales of pay attached thereto shall be as specified in columns (1) to (4) of Sch. 1 to these rules]

RULE 14: METHOD OF RECRUITMENT, AGE LIMITS AND OTHER QUALIFICATIONS

-The method of recruitment, age limits, qualifications and other matter relating to each of the said posts shall be as specified in columns (5) to (13) of the Schedule.]

RULE 15: AGREEMENT

-At the time of appointment every member of the Force shall execute an agreement in the form in Appendix "A".

RULE 16: CADRE

-Each of the four branches mentioned in rule 3 shall form a separate cadre for the purposes of seniority, promotion and confirmation.]

CHAPTER 04B: DEPUTATION

RULE 17:

18[(1) * * *

(2) * * *

(3) * * *

19[(4)

(i) During the period of deputation, the officer on deputation shall be governed by the provisions of the Act and the rules and regulations made thereunder: Provided that the provisions of rules 55,56, 58 and 65 shall not apply to him].

(ii) Without prejudice to the foregoing, every such officer shall be subject to the rules of discipline applicable to the corresponding rank of the Forces.

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

(6) Notwithstanding anything contained in these rules, the Central Government or the Inspector- General, as the case may be, may, without assigning any reason terminate the period of deputation of any officer at any time and such termination shall not be deemed to be a punishment]

CHAPTER 04C: PROMOTION

RULE 18: PROMOTION

- (1) Promotion from one rank .to another or from one grade to another in the Force shall be made on the basis of selection made in accordance with the procedure laid down by the Inspector- General in this behalf.

(2) Notwithstanding anything contained in these rules, specially deserving Security Guards or Head Security Guards who have put in fifteen or twenty years of service may be promoted to the rank of Head Security Guard or Assistant Sub-Inspector as the case may be, on the basis of their service record by the Commandant with the approval of the Deputy Inspector-General but the total number of such promotions shall not exceed 10 per cent of the posts which may be filled by the method of promotion.]

RULE 19: PROBATION

- (1) All appointment by direct recruitment or promotion shall be on probation for two years subject to the provision that the appointing authority may extend this period in special cases.

(2) The appointing authority shall, on the expiry of the period of such probation or such extended period, pass an order declaring that the probationer has completed the period of probation satisfactorily and is suitable for confirmation in that rank. If he considers him unsuitable, the probationer shall be liable to be discharged in the case of a direct recruit or reverted to his substantive post in the case of a promotee.

CHAPTER 05: SPECIAL PROVISIONS

RULE 20: SPECIAL PROVISION FOR CERTAIN CATEGORIES OF PERSONS

-Nothing in these rules Shall affect reservation, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.]

RULE 21: POWER TO RELAX

-Notwithstanding anything contained in the foregoingrules, where, in the interest of the formation and the due functioning of the Force it is necessary so to do, relaxation of any of the qualifications or requirements under these rules (other than the requirement of being medically fit) may be made with the prior approval of:

(i) the Inspector-General, in the case of appointment of an Inspector;

(ii) the Deputy Inspector-General in the case of appointment of any other member of the Force.

CHAPTER 06: CHAPTER VI

RULE 22:

* * *]

CHAPTER 07: CONDITIONS OF SERVICE AND CONDUCT

RULE 23:

* * *]

RULE 24: RIGHT 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 contribution directly or indirectly to any Trade Union except with the previous permission of the Central Government.

(2) A supervisory officer of the Force may, however, be a member of an association composed entirely of members of the service to which he belongs or of Gazetted Officers of the industrial undertakings in the public sector. A member of the 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-rule (2) shall not, however, be an association that may affiliate itself to any union or other association whatsoever.

RULE 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 08: TRAINING

RULE 26: TRAINING MANUAL

- (1) 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;

25[(3) Drill with or without arms;]

(4) Training in Musketry including riot drill;

(5) Physical Training:

(6) Central Industrial Security Force Act, these Rules, Official Secrets Act, 1923 (19 of 1923), necessary provisions of the Code of Criminal Procedure, 1898 (5 of 898)26regarding 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, departmental security, security of personnel, etc.;

(8) Labour problems and their handing;

(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.;

(12) Education and Elementary law:

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

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

RULE 27: TRAINING CENTRES

- (1) There shall be a Central Industrial Security Force Training College for initial refresher and promotion courses for the members and 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 centre for recuitsone in each Zone. The training centre for recruits shall be under the charge of a principal who shall be of the rank of the Security Officer.

RULE 28: SOLEMN AFFIRMATION OF ALLEGANCE

-On appointment each recruit or cadet shall be required to somenly affirm his allegance in the form given in Appendix "B" and shall receive a certificate of appointment as prescribed in Sec. 6 of the Act.

CHAPTER 09: PENALTIES AND PROCEDURE

RULE 29: RULES GOVERNING DISCIPLINE

-(1) Supervisory Officers shall be 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 matters be governed by the rules in this Chapter.

RULE 29A: DISCIPLINARY AUTHORITY

-The disciplinary authority in respect of a member of the Force for the purpose of imposing any particular penalty or the passing of any disciplinary order shall be the authority specified in this behalf in28[Sch. II] under whose administrative control the member is serving and shall include any authority mentioned in the said Schedule superior to such authority.]

RULE 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 member of the Force undersuspension-

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial :

Provided that wh:re the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing 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 period exceeding forty-eight hours;

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

Explanation.-The period of forty-eight hours referred to in Cl. (b) of this sub- rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent period 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 the 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, the 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.

(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a member of the Force is set aside or declared or rendered void in consequence of or by a decision of a court of law and the disciplinary 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, the member of 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 so.

(b) Where a member of the force is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise) 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 in "writing direct that the 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 is deemed to have made the order or by any authority to which that authority is subordinate,

RULE 31: NATURE OF PENALTIES

-The following penalties may, for good and sufficient 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 trade 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 emolument;

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

(h) censure.

Explanation.-The following shall not amount to penalty within the meaning of this rule, namely- . ' (i) withholding of increment 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; (ii) stoppage of a member of the Force at the efficiency bar in a time-scale on the ground of his unfitness to cross the bar. (in) 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 on administrative ground unconnected with his conduct ; (v) reversion to his permanent service, grade or post of a member Force appointed to th.e Force on probatiori in accordance with the terms of his appointment or the rules and order governing probation; (vi) replacement of the services of a member of the Force whose services have been borrowed from a State Government or anauthority under the control of a State Governmental the disposal of the authority which had lent his services.; (vii) compulsory retirement of a member of the Force in accordance with the provisions relating to his superannuation or retirement ; (viii) termination of service,- (a) of a member of the Force appointed on probation during or at the 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 accordance with the terms of such agreement: (c) of a member of the Force appointed in a termporary capacity or for a specified period on one month's notice or on tender of pay of one month in lieu of notice or on the expiry of the said period.29(ix) 'treatment of absence from duty as dies non ordered by a competent authority under rule, 49-A].

RULE 32: PETTY PUNISHMENTS

-2[Head Security Guards,. Senior Security Guards, and Security Guards] may also be awarded, as punishment, extra drill, guard, fatigue or otherduty for a term not exceeding fourteen days. Explanation.- - Petty punishments shall ordinarily be awarded in Orderly Room as provided in rule 36 in this Chapter.

RULE 33:

[ * * *]

RULE 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 Cls. (a) to (d) to rule 31 shall be passed except after an inquiry held as far as may be in the 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 together with a statement of the allegations on which they are based, shall be communicated 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 and in sub-rule (3), the expression "the disciplinary authority" shall include the authority competent under those rules to impose upon the member of the Force any of the penalties specified in CIs. (e) to (h) of rule 31.

(3) The member of the Force shall for the purpose of preparing his defence be 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 a supervisory officer or an officer not lower in rank than an inspector, 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 Inquiry 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 charges. The member of the Force shall be entitled to cross- examine witness examine 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 his 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 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 such charge shall not be recorded unless the member so charged has admitted the facts constituting the said charges or has had an opportunity of finding himself against them.

(8) The record of the inquiry shall include-

(i) the charges framed against the member of the Force and the statement 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;

(iii) the oral evidence taken in the course of the inquiry;

(iv) the documentary evidence considered in the course of the inquiry ;

(v) the orders, if any, made by the disciplinary authority and the Inquiring Authority referred to above in regard to the inquiry; and

(vi) a report setting out the findings on each charge and the reasons therefor.

(9) The disciplinary authority shall, if it is not the Inquiring Authority referred 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 Cls. (a) to (h) of rule 31 should be imposed, it shall pass appropriate orders in the case.

32[(ii) If it is of the opinion that any of the penalties specified in CIs. (a) to (d) of rule 31 should be imposed, such penalty may be imposed on the the basis of evidence adduced during inquiry and it shall not be necessary to give the member of the Force any opportunity of making representation on the penalty proposed.]

(11) Orders passed by 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 the said Inquiring Authority, a statement of its findings together with brief reasons for disagreement, if any, along with the findings of the said Inquiring Authority shall also be supplied to that member.33[* * *]

RULE 35: PROCEDURE FOR IMPOSING MINOR PENALTIES

- (1) No order imposing any of the penalties specified in Cls. (e) to (h) of rule 31 shall be passed except after-

(a) the member of the Force is informed in writing of the proposal to take action against him and of the allegations on which it is proposed to take action and given an opportunity to make any representation he may wish to make ; and

(b) such representation, if any, is taken into consideration by the disciplinary authority.

(2) The record of proceedings in such cases shall include-

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

(ii) 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 case together with the reasons therefor.

RULE 36: PROCEDURE FOR IMPOSING PETTY PUNISHMENTS

-Petty breaches of discipline and trifling cases of misconduct by the members of the Force not above the rank of the Head Security Guards35[* * *] shall be inquired into and disposed 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 in the Orderly Room.

RULE 37: SPECIAL PROCEDURE IN CERTAIN CASES

-Notwithstanding anything contained in rule 34, rule 35 or rule 36, where penalty is imposed on a member of the force-

(a) on the ground of conduct which had led to his conviction on a criminal charge; or

(b) where the disciplinary authority is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to follow the procedure 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 be given to prove the charge. Only a notice shall be given to the party charged proposing the punishment of dismissal for his having been convicted to rigorous imprisonment and asking him to explain as to why the proposed punishment of dismissal should not be imposed.

RULE 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 proceeding taken against such member of the force- .

(a) if the disciplinary authority is of opinion that any of the-penalties specified in Cls. (e) to (h) of rule 31 should be imposed on him, it may, after consultation with the lending authority, pass such orders in the case as it deems necessary provided that in the event of a difference of opnion between the borrowing authority and the lending 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 CIs. (a) to (d) or-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.

RULE 39: REDUCTION IN RANK, ETC

-No member of the force-shall be reduced to a rani lower than that to which he was first appointed to the service nor shall he be redue permanently in 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-scale or a lower stage in the time-scale is ordered, the order shall also specify the position in the lower rank on such reduction as well as the period for which the reduction shall hold good.

RULE 40: WITHHOLDING OF INCREMENT

-In the case of witholding of increment as a punishment, the order shall state the period for which the increment is to be withheld and whether it shall have the effect of postponing further increments.

CHAPTER 10: APPEALS, REVISION AND PETITIONS

RULE 41: APPEALS AGAINST ORDER OF SUSPENSION

-A member of the Force may appeal against an order of suspension to the authority, to which the authority which made or is deemed to have made the order is immediately subordinate.

RULE 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 the penalty.

NOTE.-Appeals against the orders of the Deputy Inspector-General shall lie to the Inspector- General and against his orders to the Central Government.

(2) There shall be no second appeal. But when- the appellate authority imposes a penalty higher than the one appealed against, an appeal shall lie to the 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 the authority which imposed the original penalty.

RULE 42A: PERIOD OF LIMITATION FOR APPEALS

-No appeal under these rules shall be 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 expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

RULE 43: FORM 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 lies, shall contain all, material statements and agreements on which the appellant relies, shall not contain any disrespectful or improper language and shall be complete in itself.

RULE 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 he is not inservice, 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 ubmitted to the head of such office who shall forward it forthwith to the said authority.

RULE 45: WITHHOLDING OF APPEALS

- (1) The authority which made the order ppealed 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 provision 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

(iv) it is a repetition of an appeal already decided and new facts or circumstances are adduced: Provided that an appeal withheld on the ground only that it does not comply with the provisions of rule 43 shall be returned to the appellant and, if re-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.

RULE 46: 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.

RULE 47: CONSIDERATIONS OF APPEALS

- (1) In case of an appeal against an order of suspension the appellate 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 such non - compliance has resulted in violation of any provisions of the constitution or in failure of justice ;

(b) whether the findings are justified: and

(c) whether the penalty imposed is excessive, adequate or in-adequate; and 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-

36[(i) the appellate authority shall not impose any enhanced penalty which such authority is not competent to impose ;]

(ii) no order imposing an enhanced penalty shall be passed unless the appellant is 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 impose is one of the penalties specified in Cls. (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 inquiry37[* * *] opportunity of making any representation which he may wish to make against such penalty pass such orders as it may deem fit.

RULE 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.

RULE 49: REVISION

- (1) Any authority superior to the authority making the order may, suo motu, 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 imposed or may order a fresh inquiry for 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 suchorders in revision. Nature of reasonable opportunity before enhancing punishment on employee clarified.- The Court quashed the enhanced punishment and order and remanded the matter holding that the impugned order date the 3rd Novermber, 1986, is vitiated as-

(a) the respondent No. 2 proceeded in the matter with a pre -conceived opinion and closed mind;

(b) the said impugned order is not supported by any reason recorded by the respondent No. 2;

(c) the respondent No. 2 failed to consider the defence raised by the petitioner and the same was not dealt with at all in the impugned order;

(d) a reasonable opportunity of being heard within the meaning of the said Act was not given to the petitioner; and

(e) the respondent No. 2 acting as a quasi-judicial authority under rule 49 of the said Rules failed to take into account that both the first disciplinary authority and the appellate authority had awarded to the petitioner a minor punishment of withholding of increments of salary and he interfered with the same lightly.38

RULE 49A: DIES NON

-Notwithstanding anything contained in these rules an appellate authority or a revising authority may, on reinstatement of a member of the Force in service after setting aside a penalty of dismissal removal or compulsory retirement without exonerating such member of the Force of the charges which resulted in any of those penalties, after giving any opportunity to the member of the Force concerned to show cause against such action and for reasons to be recorded in writing, order that the intervening period between the date of dismissal, removal or compulsory retirement as the case may be and the date of reinstatement be treated as dies non for purposes of his service.]

RULE 50: PETITIONS

- (1) Any member of the Force may submit a petition in respect of any matter connected with his official position in which the 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 petition shall be deemed to be an act of indiscipline.

(4) Such petition shall be in proper form and not couched in improper language 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 case 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 communicated to him by his immediate superior officer.

RULE 51: OTHER METHODS FORBIDDEN

-The Superisory 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 oforders. Any such attempt on their part shall be deemed to .be an act of indiscipline.

CHAPTER 11: UNIFORM

RULE 52: ISSUE OF UNIFORMS TO MEMBERS OF THE FORCE

- (1) Scale of uniform.-On enlistment to the Force, each member of the Force shall be furnished uniform (i.e. clothing and other necessary articles) of such description and in such quantity as specified in Appendices C to F.

(2) Replacement of uniform.-The life of each item of uniform shall be as specified in column 3 of Appendices C to F. Periodical inspections of kit issued to each member of the Force shall be held by the Commandants, Assistant Commandants and articles which are no longer fit for use may be condemned and sent to store for replacement. If the life of a condemned article has expired, it shall be replaced free. If its life has not expired, proportionate cost (listed) shall be deducted from the members of the Force concerned, provided .that no deduction may be made, if the article has been rendered unserviceable, owing to fair wear and tear or has been lost through no fault of the member concerned. The amount realised shall be credited to Government.

(3) Sale of condemned articles.-The condemned articles of uniform may be sold to the members of the Force at the price fixed by the Inspector-General, Central Industrial Security Force, and the sale proceeds credited to Government. Such of the articles which are not purchased by the members of the Force, shall be utilised, where possible, for repair work, dusters, etc. . Such condemned articles which cannot be disposed of, as above, shall be auctioned publicly either by the Commandant or by any Gazetted Officer nominated by him for the purpose. The sale proceeds shall be credited to Government.

(4) Resuming of uniform articles on ceasing to be a member of the Force.-When a member- of the Force ceases to belong to the Force, his kit shall be examined and serviceable articles brought on to the resumed stock and subsequently re-issued. When any such resumed article is re-issued, its authorized life period shall include the period for which such article has remained issued earlier. However, the kit of a person, who was suffering from contagious disease, such as T. B. etc., shall .be destroyed by burning in the presence of a Gazetted Officer after obtaining the orders of Deputy Inspector-General, in each case.

(5) Retention of uniform articles on retirement.-A member of the Force on his retirement on superannuation or invalidation may be allowed by the Commandant in the case of personnel up to the rank of Head Security Guard and by the Deputy Inspector- General in case of personnel-of and above the rank of Assistant sub-inspector, with the prior approval of the Deputy Inspector-General or Inspector-General respectively, to retain one set to be worn only on ceremonial occasions or at the time of formally calling upon Superior Officers of Armed Forces and Central State Police Organisations. This facility may be withdrawn at anytime, in the public interest, under the orders of Deputy Inspector-Gerneral/lnspector-General as the case may be.

RULE 53: USE OF THE UNIFORM BY THE MEMBERS OF THE FORCE

- (1) Ceremonial Dress.-Beret Cap payee sea blue with Plume sea blue. Shirt (Khaki Cellular), whistle- and lanyard sea blue, Trouser (Khaki Drill belt waist web (Khaki Colour), boots ankle Black, medals and decorations. NOTE 1.-The Head Gear for Inspectors shall be Peak Cap. 2. Officers of the rank of Assistant Sub-Inspector, Sub-Inspector shall wear Leather Sam-brown Belt and boots ankle of brown colour.3. Inspector shall wear leather shoes and same brown-belt both of brown colour.

(2) Working Dress-Beret Cap pagree. Shirt (Khaki Cellular), Trouser (Khaki Drill), Whistle and Lanyard (Khaki), belt waist web (Khaki Colour), boot ankle black, medals and decorations.

NOTE 1.-Inspectors shall wear leather Belt and leather shoes both of brown colour. Their headgear shall be Peak-cap. Sub-Inspectors and Assistant Sub-Inspectors shall wear boots ankle of brown colour. 2. Pistols/Revolver shall be part of working dress for officers of and above the rank of Assistant Sub-Inspector. However, they shall carry it only if the nature of duties to be performed so requires. Holster and ammunition pouch shall be of the same colour and material as that of belt. 3. Those wearing pagree shall mount cap badge thereon both with ceremonial and working dress.

(3) The items of uniform shall have the following specifications :

(a) Shirt-Shirt khaki cellular with the following specifications :

(i) The front opening should be 36.6 Cms. with 3 khaki coloured buttons excluding the neck button ;

(ii) Shoulder flap-One of each shoulder, with length 11.2 Cms. and width 2.5 Cms. rounded at the end ;

(iii) two pockets measuring 13.3 X 15.9 cms. with covers 14 cms. long and 5.5 cms. wide. Each pocket will have 3.8 cms. wide pleat in the centre longitudinally;

(iv) Single cuff-22.86 cms. long and 6.5 cms. wide ;

(v) Sleeves should be sufficently loose to allow free movement of arms while doing drill, etc.

(b) Trousers.-Khaki drill with the following specifications :

(i) Belt 6.5 cms. in width overlapping.

(ii) Three loops 8.9 cms. in length and the shape according to the Army/Police pattern, for wearing of web/leather belts.

(iii) Two side pocket on either side measuring 34.0x15.2 cms. Trouser to be without turn-ups and shaped from in -step to heels, the bottom to measure 40.6 cms. to 45.7 cms. with 5 cms. turned inside and stitched with machine.

(c) Shorts Khaki Drill:

(i) Two side pockets on either side and three loops as for trouser.

(ii) The bottom to the 78 cms. to 89 cms. with a folding of 5 cms. in width stitched with machine.

(d) Belt Waist Web- Shall be of khaki colour.

(e) Pistol/Revolver Holster, etc.-Holster and ammunition pouches, both shall be brown leather or khaki web,

(f) Beret Cap.-Knitted one piece, khaki woollen beret with lining of satin cloth of black colour and chrometanned leather bindings of black colour affixed to the bottom edge. (Sepcificiation I.S. 5085 as amended from time to time).

(g) Peak Cap.-Same specification as given in item (xv) under sub-rule (4) of rule 54-A.

(4) Badges of rank.-The shoulder badges will be as under : A white metal badge consisting of letter "C.I.S.F." in 1.27 cms. black letters to be worn at the base of the shoulder straps. Badges of ranks shall be as under: Rank Badges (a) Inspector Three stars and Ribbon silk bar (Red and blue) fixed above the metal badge "C.I.S.F.". (b) Sub-Inspector Two stars and Ribbon silk bar (Red and blue) fixed above the metal badge "C.I.S.F.". (c) Assistant Sub -Inspector. One star and Ribbon silk bar (Red and blue) fixed above the metal badge "C.I.S.F.", (d) Head Security Guard Chevron three Bars white colour on khaki cellular cloth on the right sleeve of Shirt/Jersey and white metal badges "C.I.S.F." on shoulder straps. (e) Senior Security Guard Chevron two Bars white colour on khaki cellular cloth on the right sleeve of Shirt/Jersey and white metal badges "C.I.S.F." on shoulder straps. (f) Security Guard and White metal badges "C.I.S.F.", on shoulder Followers straps. NOTE.-When so directed by the Central Government, the device "C.I.S.F." on shoulder badge or any other part of the uniform, shall consist of letters "Ke. Ao. Su. B." in Dev Nagri, for use throughout India or any part thereof.

RULE 54: UNIFORM GRANT TO SUPERVISORY OFFICERS

-Supervisory officers shall be entitled to uniform giant as indicated below, namely :

(1) Officers of the Regular Army, Indian Police Service or State Police joining the Force on deputation as Gazetted Officers-Rs. 200.

(2) Local promotees or directly recruited Gazetted Officers.-

(a) Initial uniform grant of Rs. 900 regulated as under:

(i) Rs. 450 i.e. half the grant after three months continuous officiating or temporary service in the Gazetted ranks in the Force and on a certificate from the Inspector -General that Officer concerned is likely to continue as such.

(ii) Rs. 450 representing the balance on completion of three years service as Gazetted Officer in the Force or on confirmation whichever is earlier subject to the stipulation that the officer concerned if not substantive when the amount becomes due is certified by the Inspector-General as fit for permanent retention in the Force.

(b) Renewal uniform grant of Rs. 450 at intervals of every five years to be calculated in respect of temporary or officiating Gazetted officers from the date they complete three months temporary or officiating service in the Force in a Gazette post.

(3) State Police or Army officers initially appointed on deputation but subsequently retained permanently in the Force.-

(a) Initial uniform grant of Rs. 900 (Rs. 450 initially the amount of Rs. 200 paid to the deputationists being deducted from this amount. The balance of this amount of Rs. 450 being paid after they have completed 3 years service thereafter subject to the stipulation that the officers concerned, if not substantive when the amount becomes due, or certified by the Inspector-General as fit for permanent 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.

NOTE.-The uniform grant admissible to the officers mentioned at item (3) shall be subject to the condition that the amounts to initial and renewal grants received by them from the parent departments shall be deducted from the first instalment of Rs. 450 on their being retained permanently in the Force. If the balance arrived at after deducting Rs. 200 and the initial and renewal grant sanctioned by the parent departments is a negative figure it shall be adjusted against the second instalment of Rs. 450 so that the deputationists permanently absorbed in the Force do not in any case get more than Rs. 900 as uniform grant in a period of ten years.

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

(5) Retired or released officers re -employed in the Force.-Rs. 200 if the period of their re -employment in the Force exceeds one year.

NOTE I.-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 in item (2) or item (3) quitting service on resignation or discharged within the period for which the uniform grant is sanctioned shall be liable to refund the proportionate amount of the said grant.

RULE 54A: USE OF UNIFORM BY THE SUPERVISORY OFFICERS

- (1) I.P.S. Officers taken on deputation in the C.I.S.F, shall continue to wear the same uniform and badges of rank, as they are entitled to in the I. P.S. However, their ceremonial and working dresses shall, at any one occasion be of the same type as prescribed for non-I. P. S. Officers. In regard to officers other than 1. P. S. the following specifications are prescribed.

(2) Ceremonial Dress Type (A).-Peak Cap, Jacket (Gaberdine or Drill) whistle and lanyard, slacks of the same material at the jacket, brown ankle boot/shoes, khaki shirt, blue tie, khaki socks, sambrown belt (brown) and sword, medals and decorations. Type (B).-Peak Cap, shirt, slacks (khaki drill or cotton terene of khaki garbedine cotton), khaki socks, shoes, sam-brown belt (brown) and sword, whistlie,' lanyard and ribbons, medals and decorations. NOTE.-The type of Ceremonial Dress to be worn on any occasion may be prescribed by the Deputy Inspector-General concerned.

(3) Working Dress type (1).-Peak Cap, Jacket, Slacks, of the same material as the jacket (gaberdine or drill or khaki gaberdine cotton) whistle and lanyard, shoes ankle .boots, khaki socks, khaki shirt, blue tie, cloth belt of the same material and the jacket of sam-brown belt (brown) and ribbons. Type (2).-Peak Beret Cap, bush-shirt with -cloth belt, slacks, shoes ankle boots. whistle, lanyard and ribbons. 1 Type (3).-Peak/Beret Cap, shirt (with or without jersey), leather belt or. web belt khaki slacks, socks, shoes ankle boots, whistle, lanyard and ribbons. Type (4).- Peak/Beret Cap, shirt (with or without jersey) brown leather belt or web belt khaki slacks, socks and shoes ankle boots/jungle boots. NOTE 1.-The type of working dress to be worn may be decided by the Deputy Inspector-General concerned.NOTE 2.-Revolver/Pistols shall be part of working dress for the supervisory Officers. However, they shall carry it only when the nature of duties to be performed so requires. Holster and ammunition pouch shall be of the same colour and material as that of belt.

(4) The description of the articles of Uniform shall be as follows :

(i) Jackets khaki drill gaberdine, cotton or cotton terene (during not weather and khaki gaberdine, woollen or woollen terene (during cold weather) single breasted, cut as lounge coat to the waist, very loose at the chest and shoulders but fitted at the waist, military shirt to bottom edge. A silver plated hook on each side at the waist. Length as in ordinary civilian lounge coat, i.e. covering the seat Collar to be cut as in an ordinary civilian lounge coat. Two cross path breast pockets above 16.6 cms. wide and 19.0 cms. deep to the flap, with a 5.8 cms. box pleat in the centre fastened at the top with a small C. 1. S .F. pattern bottom ; flap, with button hole to cover pockets 5.8 cms. deep and 16.6 cms. wide. Two expanding pockets below the waist (pleats at the sides) 23.5 cms. wide at the top 26.7 cms. at the bottom, 20.32 cms. deep to the top of the pocket, fastened at the top with a small C. 1. S .F. pattern botton; flap with button hole to cover pockets, 8.9 cms. deep and 27.3 cms, wide the top of the pocket to be taken down at the corners in such a manner that pocket can be expanded at the top also, if necessary. Four medium C. 1. S. F. pattern bottons down the front. The buttons should be so fixed that the bottom-most button covers the navel and the topmost button fixed one-third distance between the navel and the position of the tie-knot. Pointed cuffs, 12.7 .cms. high at the point and 6.35 cms. behind. Shoulder straps of the same material as the garment fastened with a small C. 1. S. F. pattern button. Jacket to be worn with a soft or semi-stiff collar and shirt and dark blue sailor-knot tie.

(ii) Shirt.-Khaki, cotton cellular or twill, cotton terene or angola with two breast pockets of the jackets of the jacket pattern with khaki bone buttons. When . worn under the jacket, all shirts should be of khaki poplin.

(iii) Bush-Shirt.-The pattern of the bush-shirt shall be as for a jacket with the following modifications: (a) Button up Collar 3.81 cms. in width at back and 5.35 cms. to 7.62 cms. at points.

(b) Sleeves, as for a shirt with single plain cuff 5.72 cms. in width and one button. N. B.-For hot weather, the sleeves may either be rolled up or short sleeves be worn.

(c) Four buttons excluding collar button to be 10.16 cms. Below collar button and the remainder evenly spaced ;

(d) Belt 5.08 cms. broad with silver placed buckle to be made of the same material as the Bush -shirt, khaki drill or khaki twill or khaki cellular, cotton, terene, or khaki gaberdine cotton.

(e) All buttons to be of bone.

(f) No ties shall be worn with the Bush -shirt.

(iv) Trousers (Slacks), Khaki drill, gaberdine, cotton terene or khaki gaberdine, woollen or woollen terene to match jacket, without turn-ups and shape from in-step to heels, the bottom to measure 40.46 cms. to 45.72 cms.

(v) Boot-Ankle-Ankle, plain brown leather with plain toe -caps and 9 pairs of eye -lets.

(vi) Shoes-Plain brown, leather Oxford shoes with the plain toe -caps and 5 pairs of eye -lets.

(vii) Belts -Brown leather belt with C. 1. S. F. Monogram on steel plate affixe thereon with following specifications : Material.-Buffalo Harness leather, vegetable tanned. Belt should be free from grain defects hay cuts, flesh side should be well buffed and properly set. Size length 121.92 cms. (to be varied according to individual measurements). Width 5.5 cms. Length 11.5 cms. ; Width 5.5 cms. The tongue should be stitched to be fixed loop at the right end of the buckle plate. The fixed loop should be 1.6 cms. in width and should be hand stitched with brown thread J. P. Coat No. 2 alongwith the turned right end of the belt. Leather Loop.-In addition to the above fixed loop, there should be two leather loops of 1.6 cms. width overlapping portion of 4.3 cms. to be hand stitched with brown thread J.P. Coat No. 2. These two buckles should move freely.

(viii) Pistol/Revolver Holster.-Holster and ammunition pouch shall both be brown leather or khaki web.

(ix) Sword.-Infantry pattern with half basket in white metal and device "C.I.S.F." except that in the case of IP/PS Officers it shall be with the device "IP/IPS and Army Officers may wear their own swords.

(x) Sword Knot.-Brown leather with a corn.

(xi) Scabbard.-Brown leather infantry pattern.

(xii) Whistle.-Of the Police patterns to be worn attached to a dark blue round plaited lanyard and carried in the left breast pocket.

(xiii) Badges of rank.-The shoulder badges will be as under: White metal badge consisting of letters "C.I.S.F." in 1.27 cms. block letters to be borne at the base of the shoulder straps. Badges of ranks shall be as under: Rank Badges (a) Commandant and Officers of State Emblem and one star. equivalent ranks (b) Assistant Commandant and Three stars. Officers of equivalent ranks. NOTE.-The star shall be to the "Star of India"

pattern.

(xiv) Buttons.-Of white metal, convex in shape die struck and embossed with "C.I.S.F." device in two sizes. The "C.I.S.F." device for use on buttons will consist of a monogram of the letters "C.I.S.F." surmounted by Ashoka Chakra.

(xv) Head Gear.-Except in the case of Sikh Officer who may wear khaki pagree with cap badge mounted thereon, head gear shall be khaki Peak Cap or khaki Beret Cap of the following description : Peak Cap.-Khaki gaberdine (Spinners Vigan No. 1 shade) or Barathea 11.5 cms. total depth, diameter across the top 35 cms. For a cap fitting 55.5 cms. in circumstance the top to be 0.32 cms. larger of smaller in diameter for every 0.64 cms. by which the cap may very in size of head above of below the above-mentioned standard. The sides to be made in four pieces to be 5.4 cms. deep between the wealssic. The Cap Badge-will be in white metal with letters "C.I.S.F." upright in the middle surmounted by the State Emblem fixed to a leather strap of brown colour. Beret Cap.-Knitted one piece khaki woollen beret with lining of satin cloth of black colour and chrome-tranned leather binding of black colour affixed to the bottom edge. The case badge, in white metal with letters .'C.I.S.F." surmounted by State Emblem shall be fixed upright in the middle on the force-side. NOTE.-Stale Emblem shall be as prescribed in MHA's letter No. 15/14/76-GPA-II. dated 17th March, 1976, as amended from time to time.

(xvi) Socks.-Khaki cotton or woollen or mercerised.

(xvii) Stockings.-Khaki woollen. NOTE. -When so directed by the Central Government, the device "C.I.S.F." on shoulder badge or any other part of the uniform, shall consist of letters "Ke. AO. SU. B." in Dev Nagri, for use throughout India or any part thereof.

(5) The I.G., with the prior approval of the Central Government, may grant permission to any supervisory officer to wear after retirement, uniform of the rank last held by him, immediately before retirement, on ceremonial occasions and Armed Parades.

CHAPTER 12: MISCELLANEOUS

RULE 55: RESIGNATION

- (1) The resignation of a member of the Force shall be accepted only by 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.

RULE 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.

RULE 57: SURRENDER OF CERTIFICATE OF APPOINTMENT

-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.

RULE 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.

RULE 59: FREE ACCOMMODATION

-Normally the undertakings where the force has been deputed, shall provide accommodation in the township itself to all the supervisory officers and at the rate of 45 per cent. married and 55 per cent. unmarried to 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 the member concerned subject to a maximum of 10 per cent. of pay. When residential accommodation is provided to a member he shall live there subject to such conditions and terms as may be specified by a Managing Director or the General Manager of theIndustrial Undertaking.

RULE 60: MEDICAL FACILITIES

-Supervisory officers and members of the Force shall be entitled to the facilities of the Central Government Health Scheme and in places where the-efacilities a.-e not available, they shall be governed by the Central Services (Medical Atendance) Rules, 1944 : Provided that when they are deployed in a public-sector undertakings

(i) in a case where such public-sector undertaking provided medical facilities to its employees, such officers and members of the force shall be entitled to avail such facilities free of charges ; and

(ii) in any other case, the authorised medical attendant of such public-sector undertaking shall be the authorised medical attendant for such officers and members of the Force for the purposes of the Central Services (Medical Attendance) Rules, 1944.]

RULE 61: LEAVE

-The supervisory officer and members of the force shall be governedby the leave rules as are applicable to employees of the Central Government, excepting that they shall be entitled to 15 days' Casual Leave in a calendar year.

RULE 62: RECALL FROM LEAVE

-The supervisory officers and members of the Force 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 either case travelling allowance as on tour (by the shortest route) for the return journey may be allowed to them at the discretion of the authority recalling them from leave.

RULE 63: FREE LEAVE PASS CONCESSION

-The under mentioned free pass 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 to44[Head Security Guards, Senior 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 leave was not brought about by any fault or negligence on the part of the member of the Force concerned-:

RULE 63A: POWER TO GRANT MONETARY REWARDS

-Monetary rewards may be granted to the enrolled members of the Force, non-Gazetted Government servants, employees and workers of the Industrial undertakings and member of the public in accordance with rules 63-B, 63-C and 63-D.

RULE 63B: ELIGIBILITY FOR MONETARY REWARDS

- (1) Monetary rewards may be granted only to the enrolled members of the Force for-

(a) doing outstanding work, requiring special courage, skill or intiative, such as,-

(i) the arrest of a criminal, or

(ii) securing of information leading to the detection of a crime or matters connected therewith, or

(iii) making exceptionally good enquiries, or

(iv) an encounter with a criminal, in connection with the protection, safeguard and security of an industrial undertaking,

(b) doing work of a less outstanding nature but requiring prompt, honest and intelligent observance of, and obedience to orders so as to be of material assistance in the protection, safeguard and security of an industrial undertaking ;

(c) doing extra hard work in connection with the protection, safeguard and security of industrial undertaking ;

(d) smartness, a marksmanship, diligence, praiseworthy attention to the employees and workers of the industrial undertakings or to the persons who visit the industrial undertakings on business or for any other persons who visit the industrial undertakings on business or for any other purpose which, in exceptional cases, is calculated to promote the efficiency of the Force.

(2) Monetary rewards in the form of books or articles of value not exceeding fifty rupees for each prize may also be granted to enrolled members of the Force for proficiency during training for every batch of trainees who pass out of the Training College or I, Sec. 3 (i), dated 23rd January, 1982.Training Centre, as specified below : I. Prize-for all round efficiency. First Rank. II. Prize-for all round efficiency. Second Rank. III. Prize-for proficiency in parade, musketry and sport. Explanation.-For the removal of doubts, it is hereby declared that it shall be permissible to grant also the IIIrd Prize to a trainee who has been granted 1st Prize or find Prize.

(3) Monetary rewards may be granted to the non-Gazette Government servants, employees and workers of the industrial undertakings and the members of the public as an incentive for assisting the Force-

(i) in the detection of any serious case, or

(ii) in the apprehension of an offender, or

(iii) in resisting a criminal or an anti-social element, or

(iv) for any other purpose, which is for the better protection, safeguard and security of the industrial undertakings.

Explanation.-For the removal of doubts, it is hereby declared that for the purposes of this rule,- (i) "general good work" shall not be a ground for the grant of monetary reward; (ii) monetary rewards shall not be granted on request.

RULE 63C: AUTHORITIES COMPETENT TO GRANT MONETARY REWARDS

- (1) The following supervisory officers are empowered, subject to the budget provisions of the force, to offer and grant monetary rewards under rule 63-B, as specified below : 1. Director-General ..UptoRs. 1,000, in a case or on one occasion. 2. Deputy Inspector-General ..Upto Rs. 600, in a case or on one occasion. 3. Commandant and all Officers of equivalent rank/Deputy Commandant ..Upto Rs. 300, in a case or on one occasion.

(2) A monetary reward under rule 63-B shall be granted by an officer competent to grant the same if he is of opinion, for reasons to be recorded in writing, that the persons fulfils the requirements in this behalf.

(3) The order granting such monetary reward shall indicate the reasons therefor and the provisions of rule 63-B under which it is granted.

RULE 63D: MONETARY REWARDS OFFERED BY THE MANAGING DIRECTORS OF THE INDUSTRIAL UNDERTAKINGS

-A supervisory officer of the Force may permit an enrolled member of the Force to accept monetary reward offered by a Managing Director of an industrial undertaking which the supervisory officer is himself empowered to grant under rule 63-C for a purpose relatable to sub-rule (1) of rule 63-B.]

RULE 64: BENEFITS ON ACCOUNT OF "RISK OF OFFICE"/SPECIAL "RISK OF OFFICE"

-In these matters supervisory officers and members of the Force shall be governed by C.C.S. (E.O.P.) Rules as amended from time to time.

RULE 65: SUPERANNUATION, ETC

-The rules relating to superannuation pension, provident fund and gratuity of supervisory officers and members of the Force shall be the same as those applicable to the Central Government servants.

RULE 66: TRANSFER

- (1) Transfer of members of force may be made as under :

(i) Supervisory officers, by Director-General :

(ii) of an up to the rank of Head Constables from one unit to another unit underthe administrative control of one commandant, by that Commandant;

(iii) of the enrolled members of the force not covered by (ii) above, from one unit to another within the zone by the Deputy Inspector-General of the zone ; and

(iv) of the enrolled members of the force from one zone to another, by the Deputy Inspector-General of the Force Headquarters.

(2) An authority superior to the authority competent to make an order of transfer under sub-rule (1) may make an order of transfer or annual charge, or modify any order of transfer made under sub-rule (1).]

RULE 67:

* * * * * ]

RULE 67A: PAYMENT OF CHARGES

-The charges payable by an industrial undertaking in public sector for the deputation of supervisory officers and members of the Force under Sec. 14 of the Act of such undertaking, shall be paid for such periods and in such manner as the Central Government may from time to time specify. Explanation.-For the purposes of this rule, charges payable by an industrial undertaking in public sector shall include- (i) the pay and allowances, leave, salary, contribution and pension contribution payable to officers and members of the Force deputed to that undertaking ; (ii) the cost of clothing, equipment, transport, arms and ammunition and other accoutrements necessary for the proper discharges of the function of such officers and members; and (iii) the amount which the Central Government may, having regard to the number officers and members of the Force deputed to the industrial undertaking, determine from time to time, as the proportionate amount being payable by the industrial undertaking towards the cost of maintaining the headquarters and other establishments of the Force.]

RULE 68: NON APPLICABILITY OF RULES IN CERTAIN CASES

- (1)49[These rules shall not apply to supervisory officers or members of the Force taken on contract who shall be governed by the conditions of their contract.

(2) Nothing in these rules shall be deemed to preclude the President-

(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 or otherwise, any order passed under these rules by any subordinate authority.

RULE 69: MINISTERIAL STAFF

- (1) In view of the strictly confidential and technical nature of work which the ministerial staff will be required to handle, the force shall have a ministerial cadre of its own, though 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 the written tests shall be made by Departmental Committee appointed by the Inspector-General for the post 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 prepared by the Inspector-General with the approval of the Central Government.

RULE 70: OTHER CONDITIONS OF SERVICE

-The supervisory officers and members of the Force shall, in respect of all other matters regarding conditions of service for which no provision or insufficient provision has been made in these rules, be governed by the rules and order for the time being applicable to officers holding corresponding posts in the Central Government in respect of such matters.]

APPENDIX 01: 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 In the Central Industrial Security Force *a Head Security Guard *a Senior Security Guard *a Security Guard 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 superiors in ranks; (iii) refund all the cost of training imparted to me in the Force or a sum equal to three months' pay and allowance whichever is less in the event of tendering my resignation from the force for any reason or reasons whatsoever during the period of my initial training or thereafter during the aforesaid period of three years; and (lv) if after three years I desire to resign, I will submit my request in writing and will not withdraw from my duties until I am duly relieved. 2. I understand and agree that my services can be terminated: (a) by the Deputy Inspector-General at any time during the period of my initial training or the period of my probation thereafter on issue of notice of one month or the tender of one month's 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 course. NOTE.-The term pay and allowance used in Cl. (iii) 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 of the employee Signature Designation Designation Date Date Date Place Accepted for and on behalf of the President of India

APPENDIX 02: APPENDIX B

(See rule 29) "I................................................ do solemnly affirm that I will be faithful and bear true allegiance 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 is made).


3.
Subs. by G.S.R. 544, published in the Gazette of India, Pt. II, Sec. 3 (i), dated the 17th May. 1980.


4.
A. K. Sen v. Union of India, 1986 Lab. LC. 676 at pp. 678, 679 (S.C.) : A.L.R. 1986 S.C. 335.


5.
Clause (iii) omitted by G.S.R. 331, dual the 25th March, 1982, published in the Gazette of India, Pt II. Sec. 3 (i), dated 3rd April, 1982.


6.
Renumbered by G.S.R. 331, dual the 25th March, 1982, published in the Gazette of India, Pt II. Sec. 3 (i), dated 3rd April, 1982.


7.
Ins. by G.S.R. 331, dual the 25th March, 1982, published in the Gazette of India, Pt II. Sec. 3 (i), dated 3rd April, 1982.


8.
Subs by G.S.R. 848, dated the 8th june, 1978, published in the Gazette of India, Pt II, Sec. 3 (i), dated the 1st July, 1978.


9.
Subs. by G.S.R. 848, dated the 8th June. 1978, published in the Gazzete of India, Pt. II, Sec. 3 (i), dated the 1st July, 1978.


10.
Omitted by G.S.R. 656, dated the 12th June, 1973. published in the Gazzete of India, Pt. II. Sec 3 (i), dated the 23rd June, 1973.


11.
Subs. by G.S.R. 848, dated the 8th June, 1978, published in the Gazette of India, Pt. II, Sec. 3 (i), dated the 1st July, 1975.


16.
Ins. by G.S.R. 1325, dated the 22nd September, 1977, published in the Gazette of India, Pt. II, Sec. 3 (i). dated the 8th October, 1977,


18.
Omitted by G.S.R, 262. published in the Gazelle of India. Pt. II, Sec. 3 (i), dated the 28th February, 1976.


19.
Subs. by S.O: 1752, dated the 26th June, 1972, published in the Gazette of India. Pt. II Sec. 3 (ii), dated the 15th July 1972.


25.
Subs. by G.S.R. 848, dated 8th June, 1978, published in the Gazette of India, Pt. II, Sec. 3 (i,) dated 1st July, 1978.


26.
See now the Code of Criminal Procedure, 1973 (2 of 1974).


28.
Subs. by G.S.R. 262, pblished in the Gazette of India, Pt. II, Sec. 3 (i), dated 28th February, 1976.


29.
Added by G.S.R. 50, dated 14th-December, 1982. published in the Gazette of India, Pt II, Sec.'3 (i), dated 15th January, 1983.


32.
Subs. by G.S.R. 1109, dated 28th November, 1981, published in the Gazelle of India, Pt. II, Sec. 3 (i), dated 19th December, 1981.


33.
Omitted by G.S.R. 1109, dated 28th November, 1981, published in the Gazelle of India, Pt. II, Sec. 3 (i), dated 19th December, 1981.


37.
Omitted by G.S.R 1109, dated 28th November, 1981, published in the Gazette of India, Pt, II. Sec. 3 (i), dated 9th December, 1981.


38.
M.N. Mishra v. Union of India, 1989 P.L.J.R. 524 at p. 531.


44.
Subs. by S.O. 1752, dated 26th June, 1972, published in the Gazette of India. Pt. II, Sec. 3 (ii), dated 15th July, 1972.


49.
Subs. by S.O. 1752, dated 26th June, 1972, published in the Gazette of India, Pt. II. Sec. 3 (ii), dated 15th July, 1972.
Central Bare Acts