The Central Industrial Security Force (Amendment and Validation) Act, 1999
🏛️ Background
The CISF Act, 1968 was originally enacted to provide security to public sector undertakings (PSUs) and vital government installations like airports, nuclear plants, and steel plants. Over time, the need arose to extend CISF protection to the private sector, but the 1968 Act did not permit deployment in non-government establishments.
As a result:
CISF was deployed in private sector entities (like Infosys, Reliance Refineries) under executive orders,
These actions had no statutory backing,
So, there was a legal vacuum and risk of challenge in courts.
To resolve this, Parliament enacted the CISF (Amendment and Validation) Act, 1999.
⚖️ Objective of the 1999 Amendment
To give legal backing (validation) to all CISF deployments in private sector undertakings, which were previously done without statutory authority.
To amend the CISF Act, 1968 to permit deployment in:
Private undertakings,
Joint ventures,
Organizations/establishments of national importance, regardless of ownership.
To ensure legal protection to CISF personnel and the Government for past actions taken in good faith.
📜 Key Provisions of the Amendment Act, 1999
1. Amendment to Section 2 of the 1968 Act
The definition of "industrial undertaking" was expanded to include private sector units, joint ventures, and companies.
Earlier, the Act only permitted CISF deployment in government-owned industrial undertakings.
2. Validation Clause (Retrospective Effect)
The amendment was made retrospective, i.e., it validated all past deployments of the CISF in private sector units since the beginning, even if the original Act didn’t allow it.
Any action taken by CISF personnel in such deployments was legally protected.
This ensured immunity from legal challenges.
3. Legal Protection to Personnel (Indemnity Clause)
The law protected CISF officers from civil or criminal liability for actions taken in good faith while deployed in private undertakings before the 1999 amendment.
This is similar to legal immunity provided to public servants acting under lawful authority.
4. Insertion of New Provisions for Future Deployments
The amendment inserted provisions enabling the Central Government to deploy CISF to any establishment upon a request by the entity and after approval.
These deployments would be done on payment basis, i.e., private companies must pay for the CISF services.
🛡️ Legal Significance
This Act was curative and validating, which means it fixed a legal flaw in earlier executive actions and prevented legal consequences.
By making it retrospective, the Act effectively prevented any court from declaring those past CISF deployments illegal.
🔍 Related Case Law
Although there is no specific landmark judgment directly on this amendment, certain principles apply:
1. Keshavan Madhava Menon v. State of Bombay (1951)
Principle: Laws cannot be made retrospective to punish people, but can be made retrospective to validate or protect past actions.
Relevance:
The 1999 Amendment was not penal—it was curative.
Hence, it could legally be made retrospective to validate CISF deployments.
2. State of Tamil Nadu v. K. Shyam Sunder (2011)
Principle: A validating Act must remove the defect in the original law and not just declare something legal.
Relevance:
The 1999 Act properly amended the definition in the original CISF Act and hence removed the defect, making the validation legitimate.
3. Indian Aluminium Co. v. State of Kerala (1996)
Principle: When the Government enters into commercial relationships, it can charge for services rendered.
Relevance:
CISF deployments to private companies on payment basis are legally valid under this principle.
📌 Practical Impact
Private Sector Security: Enabled private companies to request CISF for protection (e.g., Infosys campuses, Reliance refinery).
Revenue for Government: CISF deployments are chargeable, generating income for the government.
Standardized Security: High-level security can now be legally deployed in sensitive private sector areas (e.g., data centers, refineries, airports).
Protection to CISF Personnel: Officers were safeguarded against retrospective legal action.
✅ Conclusion
The Central Industrial Security Force (Amendment and Validation) Act, 1999 was a necessary and strategic legislative move. It:
Legally corrected past executive actions,
Expanded the scope of CISF to meet modern security needs,
Aligned the CISF's role with the growing involvement of private sector in infrastructure and national interest projects.
By giving it retrospective effect, Parliament ensured that no legal vacuum existed, and CISF’s reputation and personnel were protected. It remains a good example of how the law adapts to emerging security challenges in a liberalized economy.
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