Central Industrial Security Force Act, 1968

This Act is for constituting Central Industrial Security Force (CRPF) for protection and security of Central Government’s industrial undertakings and certain other industrial undertakings, and to provide technical consultancy services to private sector industrial establishments.

Central Industrial Security Force Act, 1968

[Act 50 of 1968]      [2nd December, 1968] 

[i][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:

1. Short title, extent and commencement.

1. 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 date[ii] as the Central Government may, by notification in the Official Gazette, appoint.

Other Contents of Central Industrial Security Force Act, 1968
Sections 1 to 15
Sections 15-A to 22 and Schedule

2. Definitions.

2. Definitions.—(1) In this Act, unless the context otherwise requires,—

[iii][(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,

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

[iv][(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;]

[v][(cb) “joint venture” means a venture jointly undertaken by the Central Government or State Government with private industrial undertaking;]

(d) [vi][* * *]

(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 [vii][* * *];

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

[viii][(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;

[ix][(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 under Section 4 and includes any other officer appointed by the Central Government as a supervisory officer of the Force.

[x][(j) “under officer” means a person appointed to the Force as a Head Constable, Naik or Lance Naik.]

[xi][(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.]

3. Constitution of the Force.

3. Constitution of the Force.—(1) There shall be constituted and maintained by the Central Government [xii][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 [xiii][, joint venture or private industrial undertaking] [xiv][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 of [xv][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.

4. Appointment and powers of supervisory officers.

4. Appointment and powers of supervisory officers.—[xvi][(1) The Central Government may appoint a person to be the Director-General of the Force and such other supervisory officers as considered necessary.]

(2) The [xvii][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.

5. Appointment of members of the Force.

5. Appointment of members of the Force.—The appointment of [xviii][the enrolled] members of the Force shall rest with the [xix][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.

6. Certificates of members of the Force.

6. Certificates of members of the Force.—[xx][(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 [xxi][an enrolled member] of the Force.

7. Superintendence and administration of the Force.

7. Superintendence and administration of the Force.—[xxii][(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 by [xxiii][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 undertaking [xxiv][, joint venture or private industrial undertaking] shall, subject to any directions that may be given by the Central Government [xxv][or the Director-General] in this behalf, discharge his functions under the general supervision, direction and control of the Managing Director of that undertaking.

8. Dismissal, removal, etc., of members of the Force.

8. 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, [xxvi][remove] [xxvii][, order for compulsory retirement of] or reduce in rank any [xxviii][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 [xxix][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 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;

[xxx][(d) withholding of increment of pay with or without cumulative effect;

(e) withholding of promotion;

(f) censure.]

9. Appeal and revision.

9. Appeal and revision.—(1) Any [xxxi][enrolled member] of the Force aggrieved by an order made under Section 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, and subject to the provisions of [xxxii][sub-section (2-A), sub-section (2-B) 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.

[xxxiii][(2-A) Any enrolled member of the Force aggrieved by an order passed in appeal under sub-section (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.

(2-B) 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 or suo moto, may call for, within a prescribed period, the records of any proceeding under Section 8 or sub-section (2) or sub-section (2-A) 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 proceeding [xxxiv][under Section 8, sub-section (2), sub-section (2-A) or sub-section (2-B)] 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.

10. Duties of members of the Force.

10. Duties of members of the Force.—It shall be the duty of every [xxxv][* * *] 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 [xxxvi][any joint venture, private industrial undertaking and] such other industrial undertakings and installations for the protection and security of which he is deputed under Section 14;

[xxxvii][(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)];

[xxxviii][(f) to provide technical consultancy services relating to security of any private sector industrial establishments under Section 14-A;

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

(h) any other duty [xxxix][within and outside India] which may be entrusted to him by the Central Government from time to time.]

11. Power to arrest without warrant.

11. Power to arrest without warrant.—[xl][(1) Any member of the Force may, without any order from a Magistrate and without a warrant, arrest—

[xli][(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 [xlii][* * *] 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, be removed from such premises by any [xliii][* * *] member of the Force.

12. Power to search without warrant.

12. Power to search without warrant.—(1) Whenever [xliv][* * *] any member of the Force, not below 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 Code of Criminal Procedure, [xlv][1973], relating to searches under that Code shall, so far as may be, apply to searches under this section.

13. Procedure to be followed after arrest.

13. Procedure to be followed after arrest.—Any [xlvi][* * *] 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.

14. Deputation of the Force to industrial undertakings in public sector, joint venture or private sector.

14. Deputation of the Force to industrial undertakings in public sector [xlvii][, joint venture or private sector].—(1) Subject to any general directions which may be issued by the Central Government, it shall be lawful for the [xlviii][Director-General], on a request received in this behalf from the Managing Director concerned of an industrial undertaking in public sector [xlix][, joint venture or private sector], showing the necessity thereof, to depute such number of [l][* * *] members of the Force as the [li][Director-General] may consider necessary for the protection and security of that industrial undertaking and any installations attached thereto and the [lii][* * *] 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 the [liii][Director-General] is of the opinion that circumstances necessitating the deputation of the [liv][* * *] 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 [lv][* * *] members of the Force so deputed:

Provided that the Managing Director may, on giving [lvi][three month's notice] in writing to the [lvii][Director-General], require that the [lviii][* * *] 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 [lix][* * *] 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.

14-A. Technical Consultancy Service to industrial establishments.

[lx][14-A. Technical Consultancy Service to industrial establishments.—(1) Subject to any general directions which may be issued by the Central Government, it shall be lawful for the Director-General, on a request received from the Managing Director of an industrial establishment in the private sector or any other person authorised by him in this behalf, to direct the members of the Force to provide technical consultancy services relating to security, to such industrial establishments in such manner and on payment of such fee as may be prescribed.

(2) The fee received under sub-section (1) shall be credited to the Consolidated Fund of India.

Explanation.—For the purposes of this section, the expression “Managing Director”, in relation to an industrial establishment, means the person (whether called General Manager, Manager, Chief Executive Officer or a partner of a firm or by any other name) who exercises control over the affairs of the establishment.]

15. Officers and members of the Force to be considered always on duty and liable to be employed anywhere in India.

15. Officers and members of the Force to be considered always on duty and liable to be employed anywhere in India.—(1) Every [lxi][* * *] 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 [lxii][or outside] India.

(2) Save as provided in Section 14, no [lxiii][* * *] member of the Force shall engage himself in any employment or office other than his duties under this Act.

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