The Central Industrial Security Force Act, 1968
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 19 Application of Act 22 of 1922 to officers and members of the Force.
The Police (Incitement to Disaffection) Act, 1922, shall apply to 1 *** members of the Force as it applies to members of a police force.
1. The words "supervisory officers and" omitted by Act 14 of 1983, s. 13 and the Schedule (w.e.f. 15-6-1983).
Section 20 Certain Acts not to apply to members of the Force.
Nothing contained in the Payment of Wages Act, 1936 (4 of 1936), or the Industrial Disputes Act, 1947 (14 of 1947), or the Factories Act, 1948 (63 of 1948), or any corresponding law relating to investigation and settlement of industrial disputes in force in a State shall apply to members of the Force.
Section 21 Protection of acts of officers and members of the Force.
(1) In any suit or proceeding against any 1 *** member of the Force for any act done by him in the discharge of his duties, it shall be lawful for him to plead that such act was done by him under the orders of a competent authority.
(2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the 1 *** member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.
(3) Nothwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any 1 *** member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding.
(2) Any such plea may be proved by the production of the order directing the act, and if it is so proved, the 1 *** member of the Force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order.
(3) Nothwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any 1 *** member of the Force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this Act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding.
1. The words "supervisory officer or" omitted by s. 13 and the Schedule, ibid. (w.e.f. 15-6-1983).
Section 22 Power to make rules. 1 docs
(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.
(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)
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)