Search Results on rules for query: "Central Industrial Security Force Rule, 2001"
Related Section(s)1
[(1) Without prejudice to the provisions contained in section
section 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 in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this section shall be cognizable and non-bailable. (2A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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 punished twice for the same offence.
1. Subs. by s. 11,ibid., for sub-sections (1) and (2) (w.e.f. 15-6-1983)
1
[(1) Without prejudice to the provisions contained in section
section 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 in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this section shall be cognizable and non-bailable. (2A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), 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 punished twice for the same offence.
1. Subs. by s. 11,ibid., for sub-sections (1) and (2) (w.e.f. 15-6-1983)
(1) The Central Government may, by notification in the Official Gazette,
make rules 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 any remuneration of 1 *** members of the Force and their conditions of service in the Force; (b) regulating the powers and duties of 1 *** members of the Force authorised to exercise any functions by or under this Act; (c) fixing the period of service for 1 *** 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; 2 [(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;c9563 3 [(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;]i (h) the terms and conditions subject to which 4 *** members of the Force may be deputed under section 14 and the charges therefor; 5 *** 6 [(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, prescribed 7 [or in respect of which rules are required to be made under this Act.] (3) Every rule made under this 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 session 8 [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.
1. The words "supervisory officers and" omitted by s. 12, ibid. (w.e.f. 15-6-1983).
2. Ins. by s. 12, ibid. (w.e.f. 15-6-1983). 3. Ins. by Act 40 of 1999, s. 9 (w.e.f. 29-12-1999) 4. The words "supervisory officers and" omitted by Act 14 of 1983, s. 12 (w.e.f. 15-6-1983). 5. The word "and" omitted by Act 40 of 1999, s. 9 (w.e.f. 29-12-1999). 6. Ins. by s. 9, ibid. (w.e.f. 29-12-1999). 7. Ins. by Act 14 of 1983, s. 12 (w.e.f. 15-6-1983). 8. Subs. by s. 12, ibid., for certain words (w.e.f. 15-6-1983) (1) The Central Government may, by notification in the Official Gazette,
make rules 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 any remuneration of 1 *** members of the Force and their conditions of service in the Force; (b) regulating the powers and duties of 1 *** members of the Force authorised to exercise any functions by or under this Act; (c) fixing the period of service for 1 *** 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; 2 [(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;c9563 3 [(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;]i (h) the terms and conditions subject to which 4 *** members of the Force may be deputed under section 14 and the charges therefor; 5 *** 6 [(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, prescribed 7 [or in respect of which rules are required to be made under this Act.] (3) Every rule made under this 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 session 8 [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.
1. The words "supervisory officers and" omitted by s. 12, ibid. (w.e.f. 15-6-1983).
2. Ins. by s. 12, ibid. (w.e.f. 15-6-1983). 3. Ins. by Act 40 of 1999, s. 9 (w.e.f. 29-12-1999) 4. The words "supervisory officers and" omitted by Act 14 of 1983, s. 12 (w.e.f. 15-6-1983). 5. The word "and" omitted by Act 40 of 1999, s. 9 (w.e.f. 29-12-1999). 6. Ins. by s. 9, ibid. (w.e.f. 29-12-1999). 7. Ins. by Act 14 of 1983, s. 12 (w.e.f. 15-6-1983). 8. Subs. by s. 12, ibid., for certain words (w.e.f. 15-6-1983) The1[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.
1. Subs. by s. 6, ibid., for certain words (w.e.f. 15-6-1983)
(1) In this Act, unless the context otherwise requires,
1 (a) "Director-General" means the Director-General of the Force appointed under section 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 under section 3; (ac) "Force custody" means the arrest or confinement of a member of the Force in accordance with rules made under this Act; (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 in section 617 of the Companies Act, 1956 (1 of 1956), (ii) a corporation established by or under a Central, Provincial or State Act, which is controlled or managed by the Government; 2 [(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;] 3 [(cb) "joint venture" means a venture jointly undertaken by the Central Government or State Government with private industrial undertaking;] 4 * * * * * (e) "Managing Director", in relation to an industrial undertaking, means the 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 Act 5 * * *; (g) "prescribed" means prescribed by rules made under this Act; 6 ['(ga) "private industrial undertaking" means an industry owned, controlled or managed by a person other than the Central or State Government or any industrial undertaking in public sector;'] (h) "scheduled industry" means any industry engaged in the manufacture or production of the articles mentioned in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951); 7 ['(ha) "subordinate officer" means a person appointed to the Force as an Inspector, a SubInspector or an Assistant Sub-Inspector;';] (i) "supervisory officer" means any of the officers appointed under section 4 and includes any other officer appointed by the Central Government as a supervisory officer of the Force. 7 ['(j) "under officer" means a person appointed to the Force as a Head Constable, Naik or Lance Naik.'] 8 [(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.]
1. Subs. by Act 14 of 1983, s. 3, for clause (a) (w.e.f. 15-6-1983).
2. Ins. by Act 40 of 1999, s. 3 (w.e.f. 29-12-1999). 3. Ins. by Act 22 of 2009, s. 2 (w.e.f. 10-1-2009). 4. Clause (d) omitted by Act 14 of 1983, s. 3 (w.e.f. 15-6-1983). 5. The words ",other than a supervisory officer" omitted by Act 14 of 1983, s. 3 (w.e.f. 15-6-1983). 6. Ins. by Act 22 of 2009, s. 2 (w.e.f. 10-1-2009). 7. Ins. by Act 14 of 1983, s. 3 (w.e.f. 15-6-1983). 8. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 15-6-1983) 1[(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 be 2[an enrolled member] of the Force.
1. Subs. by s. 7, ibid., for sub-section (1) (w.e.f. 15-6-1983).
2. Subs. by s. 7, ibid., for "a member" (w.e.f. 15-6-1983). 1
[(1) The superintendence of 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 DirectorGeneral.]
(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 by 2 [such other supervisory officers as considered necessary] 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 undertaking3 [,joint venture or private industrial undertaking] shall, subject to any directions that may be given by the 4 [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.
1. Subs. by Act 14 of 1983. s. 8, for sub-section (1) (w.e.f. 15-6-1983).
2. Subs. by Act 22 of 2009, s. 5, for certain words (w.e.f. 10-1-2009). 3. Ins. bys. 5, ibid. (w.e.f. 10-1-2009). 4. Subs. by Act 14 of 1983, s. 8, for "Central Government" (w.e.f. 15-6-1983). 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, 1 [remove]2 [, order for compulsory retirement of] or reduce in rank any 3 [enrolled member] 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 any 3 [enrolled member] of the Force who discharges his duty 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 day's 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; 1 [(d) withholding of increment of pay with or without cumulative effect; (e) withholding of promotion; (f) censure.]
1. Subs. by Act 20 of 1989, s. 3, for "suspend" (w.e.f. 18-5-1989).
2. Ins. by Act 40 of 1999, s. 5 (w.e.f. 29-12-1999). 3. Subs. by Act 14 of 1983, s. 13 and the Schedule, for "member" (w.e.f. 15-6-1983). 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, 1 [remove]2 [, order for compulsory retirement of] or reduce in rank any 3 [enrolled member] 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 any 3 [enrolled member] of the Force who discharges his duty 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 day's 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; 1 [(d) withholding of increment of pay with or without cumulative effect; (e) withholding of promotion; (f) censure.]
1. Subs. by Act 20 of 1989, s. 3, for "suspend" (w.e.f. 18-5-1989).
2. Ins. by Act 40 of 1999, s. 5 (w.e.f. 29-12-1999). 3. Subs. by Act 14 of 1983, s. 13 and the Schedule, for "member" (w.e.f. 15-6-1983). 1
[(1) Any member of the Force may, without any order from
from a Magistrate and without a warrant, arrest—
2 [(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) of section 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;] (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 involve 3 *** danger to the life of any person engaged in carrying on any work relating to any undertaking or installations referred to in clauses (b) and (c) of section 10.] (2) If any person is found trespassing on the premises of any industrial undertaking referred to in clauses (b) and (c) of section 10, he may, without prejudice to any other proceedings which may be taken against him, he removed from such premises by any 4 *** member of the Force.
1. Subs. by Act 14 of 1983, s. 9, for sub-section (1) (w.e.f. 15-6-1983).
2. Subs. by Act 20 of 1989, s. 5, for clause (i) (w.e.f. 18-5-1989). 3. The word "imminent" omitted by Act 20 of 1989, s. 5 (w.e.f. 18-5-1989). 4. The words "supervisory officer or" omitted by Act 14 of 1983, s. 9 (w.e.f. 15-6-1983) (1) Whenever 1
*** any member of the Force, not below the
the prescribed rank, has reason to believe that any such offence as is referred to in section 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 the 2 [Code of Criminal Procedure, 1973 (2 of 1974)] relating to searches under that Code shall, so far as may be, apply to searches under this section.
1. The words "any supervisory officer, or" omitted by s. 13 and The Schedule, ibid. (w.e.f. 15-6-1983).
2. Subs. by s. 13 and the Schedule, ibid., for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 15-6-1983) 1(1) Subject to any general directions which may be issued by the Central Government,
it shall be lawful for the 2
[Director-General], on a request received in this behalf from the
Managing Director concerned of an industrial undertaking in public sector1
[, joint venture or private
sector], showing the necessity thereof, to depute such number of 3
*** members of the Force as the
2
[Director-General] may consider necessary for the protection and security of that industrial undertaking
and any installations attached thereto and the 4
*** members of the Force so deputed shall be at the charge
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 the 2 [Director-General] is of the opinion that circumstances necessitating the deputation of the 4 *** 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 the 4 *** members of the Force so deputed: Provided that the Managing Director may, on giving 5 [threemonth's notice] in writing to the 6 [Director-General] require that the 7 *** 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 notice or from any earlier date on which the Force is so withdrawn. (3) Every 8 *** 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.
1. Ins. by Act 22 of 2009, s. 7(w.e.f. 10-1-2009).
2. Subs. by Act 14 of 1983, s. 13 and the Schedule, for "Inspector-General" (w.e.f. 15-6-1983). 3. The words "supervisory officers and" omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 4. The words "officers and" omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 5. Subs. by Act 22 of 2009, s. 7, for "one month's notice" (w.e.f. 10-1-2009). 6. Subs. by Act 14 of 1983, s. 13 and the Schedule, for "Inspector-General" (w.e.f. 15-6-1983). 7. The words "officers and" omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). 8. The words officer and omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983). |
