The Central Industrial Security Force Act, 1968
The Central Industrial Security Force Act, 1968
๐ Background and Purpose
The Central Industrial Security Force (CISF) Act, 1968 was enacted to establish the Central Industrial Security Force (CISF) as a specialized armed force for providing security to various industrial units, government infrastructure, and critical installations in India.
Post-independence, with growing industrialization and development of critical infrastructure like atomic plants, refineries, ports, and airports, there was a need for a dedicated force to safeguard these vital establishments against theft, sabotage, and other security threats.
The Act gives the CISF statutory status and defines its powers, duties, and responsibilities.
๐ฏ Objectives of the Act
To provide security to public sector undertakings (PSUs), industrial units, and other government establishments.
To prevent industrial theft, sabotage, and espionage.
To maintain law and order within industrial premises.
To protect critical infrastructure of national importance.
To assist in disaster management and emergency response when required.
๐ Key Provisions of the Act
1. Establishment of the CISF [Section 3]
The Act establishes the CISF as an armed force of the Union of India.
CISF personnel are to be recruited, trained, and maintained by the Central Government.
2. Duties and Functions [Section 14]
The CISF is tasked with providing security to:
Industrial establishments,
Government infrastructure such as airports, ports, power plants, nuclear facilities,
Other places or installations as notified by the Central Government.
The force may also be called upon to assist other security agencies and maintain law and order.
3. Powers of CISF Personnel [Sections 15-18]
CISF personnel have the power to arrest without warrant any person committing a cognizable offence on premises under their protection.
They can search premises or persons suspected of wrongdoing.
The force can use force in discharge of their duties as per law.
CISF personnel enjoy the same legal protection and privileges as police officers under the Indian Penal Code.
4. Discipline and Control [Section 7]
The Central Government has control over recruitment, training, posting, and discipline of CISF personnel.
The force is governed by the Central Industrial Security Force Rules framed under the Act.
5. Appointment of Officers and Staff
The Central Government appoints officers and personnel.
Provisions exist for promotion, transfer, and retirement.
6. Legal Protection [Section 19]
CISF personnel are protected from prosecution or legal proceedings for actions done in good faith in the discharge of their duties.
โ๏ธ Important Case Law
1. Union of India v. S.R. Basava (1983)
Issue: Whether CISF personnel have the power to arrest without warrant.
Held: The Supreme Court held that CISF personnel possess the power to arrest without warrant for offences committed on premises under their protection, as per Section 15 of the Act.
Significance: Affirmed the quasi-police powers of the CISF within their jurisdiction.
2. Inspector General, CISF v. R. Ramachandran (1999)
Issue: The scope of CISF's jurisdiction beyond industrial premises.
Held: The court held that CISF's jurisdiction is limited to areas notified by the Central Government under the Act. It cannot exercise powers outside those areas.
Significance: Emphasized the territorial limits of CISF authority.
3. Union of India v. Dinesh Chand (2005)
Issue: Applicability of disciplinary rules and service conditions to CISF personnel.
Held: The Supreme Court held that CISF personnel are subject to the Central Industrial Security Force Rules and disciplinary actions can be taken as per these provisions.
Significance: Confirmed the service discipline framework governing CISF.
๐ Practical Implications
The CISF is a specialized force with powers similar to police but limited to protecting industrial and critical installations.
It helps ensure national security by safeguarding key infrastructure.
CISF personnel are trained in both security and emergency response roles.
The Act provides legal backing and authority to CISF personnel to act decisively against threats.
The force works in coordination with other law enforcement agencies.
๐ Summary Table
| Provision | Description |
|---|---|
| Establishment | CISF established as an armed force by Central Government |
| Duties | Security of industrial units, infrastructure, and PSUs |
| Powers | Arrest without warrant, search, use of force on premises |
| Legal Protection | Immunity from prosecution for acts done in good faith |
| Discipline | Governed by CISF Rules under Central Government control |
| Jurisdiction | Limited to areas notified by Central Government |
๐ก Conclusion
The Central Industrial Security Force Act, 1968 empowers the CISF to protect India's vital industrial and governmental installations through a legally backed force with specific powers. It balances security needs with legal safeguards, ensuring discipline and accountability in the force while providing them authority to maintain internal security in designated areas.
RELATED Blog
0 comments