On the recommendation of the Mukherjee Commission, the Central Government brought the Central Industrial Security Force Bill, 1968, into the Parliament, which led to subsequent enforcement of the Central Industrial Security Force Act (CISF Act) after Presidential assent on 02 December 1968. The Act aspired to materialise the establishment of a Union-governed security force for industries.
The CISF Act eventually came into force on 10 March 1969, allowing for the establishment of the CISF with a batch of 2800 personnel. Therefore, the CISF Act of 1968 is a comprehensive legislation establishing India’s Central Industrial Security Force. Currently, the Act is entrusted with safeguarding the essential and sensitive industries in the country of both public or private sectors.
Table of Contents
CISF Act
The CISF Act of 1968, as amended from time to time, is divided into 22 sections and 1 Schedule. The sections deal with various aspects related to the CISF, including the following:
- CISF constitution,
- Appointment of members and supervisory offices,
- Administration and operation of the force,
- Provisions relating to the dismissal or removal of members from the force,
- The duties and powers of the Force, and
- Penalties and protections to the officers of the Force.
Background of the CISF Act
Whe the Bill was being tabled and deliberated in the Parliament, it received strong opposition as it intended to give power of arrest to CISF personnel, which the State Police initially reserved. The opposition stated that giving such power to CISF personnel would induce infringement of the State’s constitutional right.
The Union Minister for Home Affairs dismissed the opposition because the contemporary security system is currently inadequate, and it is imperative to form a trained disciplinary force to overcome the situation.
The CISF Bill was passed from both houses and received the assent of the President on 02 December 1968 to subsequently come into force on 10 March 1969.
Establishment of CISF
After the Central Industrial Security Force Bill was enacted on 02 December 1968 and enforced on 10 March 1969, the CISF was raised with 2800 personnel. This date is celebrated as the Raising Day every year. The induction of the first batch of the newly constituted CISF was held at the manufacturing plant of the Fertilizer Corporation of India in Maharashtra on 01 November 1969.
Role of CISF
CISF is a police force that facilitates the security of the industrial units in India. CISF incorporates qualified officers empowered to defend and safeguard private and public enterprises against theft and criminal offences, including scams and fraud. Currently, CISF provides security to almost 300 industrial units in India.
The CISF personnel are engaged in performing a role in the following:
- Prevention of smuggling at airports
- Prevention of trafficking
- Protection of strategic institutions in India
- Security of institutions that play an imperative role in the economic progress of India
- Security of DMRC by protecting over 150 metro stations in the Capital
Currently, the CISF provides security to protected personnel with Z+, Z, X, and Y-level security.
Amendments Under the CISF Act
CISF Act has been amended four times since its enactment—in 1983, 1989, 1999, and 2009. Each of these amendments enhanced the powers and jurisdiction of the CISF.
The CISF was initially tasked as a force to maintain vigilance and guard the public sector industries, but after the 1983 amendment, the force was subsequently converted into an armed force.
First Amendment in 1983
The first amendment was passed in March 1983 and enforced in June 1983. The amendment prohibited any CISF personnel from being a member of any association without the prior approval of the Central Government or any competent authority acting which was not ‘purely recreational, social or religious nature’.
Furthermore, the 1983 amendment prohibited CISF members from communicating with the press and participating in political gatherings. This amendment brought the CISF under the ambit of Article 33 of the Indian Constitution, which converted the force to be a “law and order maintenance” force in India.
Second Amendment in 1989
The second amendment included the amendment to Section 10 of the CISF Act 1968 and was made after the Students Liberation Front kidnapped and killed H.L. Khera, the general manager of the Hindustan Machine Tools watch factory at Srinagar. The Government of India brought another amendment to empower and obligate the CISF personnel to protect and safeguard employees at its deployment.
Third Amenment in 1999
In 1999, the CISF personnel were mandated to provide paid security services to private and public sector enterprises. The Vajpayee Government brought the third amendment to enable the Union Government to entrust the said Force by amending the title of Section 3 to Constitution of the Force.
Furthermore, by adding Section 14A, Technical Consultancy Service to Industrial Establishments, the CISF was mandated to offer security services to the private sector industrial establishments for a fee, which would be credited to the Consolidated Fund of India as per Section 14A(2)of the Act.
Fourth Amendment in 2009
The last amendment in 2009 empowered the CISF to provide security services to private sector enterprises to enhance the territorial purview of the CISF force. This amendment was introduced considering the 2008 Mumbai Attacks on request by the private sector industries to the Ministry of Home Affairs.
In 2009, the Manmohan Singh Government mandated the CISF concerning its service and deployment beyond Indian territories.
The 2008 Bill tabled in the Rajya Sabha on 18 December proposed a joint venture among the State or Central Government and the private sector undertakings to enhance the territorial purview of the Force.
The Standing Committee, headed by Smt Sushma Swaraj, tabled its scrutiny on the Central Industrial Security Force Bill at the Parliament on 13 February 2009. Lok Sabha and Rajya Sabha passed the Bill on 19 February 2009 and 25 February 2009, respectively. Subsequently, after receiving the President’s assent on 16 March 2009, the amendment came into force on 10 January 2009 with retrospective effect.
Conclusion
The CISF Act empowers the members to arrest and protect members of the force for the acts undertaken during its tenure. The various amendments to the Act enhanced the powers and jurisdiction of the Force, which rendered it possible for the force members to perform their functions effectively and efficiently.
The CISF Act, last amended in 2009, provided a detailed framework for everything related to the CISF in India by laying down the powers, duties, responsibilities, and penalties on such members of the Force.
FAQs on the CISF Act
How many members does the CISF have?
The CISF has as many as 1,70,000 members as its workforce.
What type of and how many industrial units are protected by the CISF?
The CISF, under its umbrella, protects over 356 industrial units, including private sector units and government infrastructure projects. These projects include thermal power plants, atomic power plants, oil fields and refineries, major Indian Ports and Airports, currency note presses.
Where is the headquarters of the CISF located?
The CISF is headquartered in the capital city of New Delhi, India.
What is the procedure to be followed after arrest by CISF personnel?
According to Section 13, after carrying out the arrest, the CISF member shall take a person to a police officer or take him to the nearest police station in the absence of a police officer without any unnecessary delay. The member shall also submit the report of circumstances that led to the arrest to such police officer or at such police station, as the case may be.
What are the restrictions on the members of the CISF?
Section 15A of the Act imposes certain restrictions on CISF members unless sanctioned by the Central Government. These restrictions include, subject to prior approval of the Central Government, association with any unions (trade, labour, political), societies or associations, communication with the press, and participation in any political demonstrations.
What Acts do not apply to CISF members?
Yes, according to Section 20 of the CISF Act, the members of the Force are not covered under the ambit of the Payment of Wages Act, 1936; the Industrial Disputes Act, 1947; the Factories Act, 1948; and any other law which deals with the industrial disputes.
