THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION)ACT,

1999.
ACT NO. 40 OF 1999
[29th December, 1999.]


An Act further to amend the Central Industrial Security Force Act,

1968, and to validate certain revision petitions disposed of under the

rules made under the said Act.



BE it enacted by Parliament in the Fiftieth Year of the Republic of

India as follows:-


1.
Short title.


1. Short title.-This Act may be called the Central Industrial

Security Force (Amendment and Validation) Act, 1999.


2.
Amendment of Long title.


2. Amendment of long title.-In the Central Industrial Security Force

Act, 1968 (50 of 1968)) (hereinafter referred to as the principal

Act), for the long title, the following long title shall be

substituted, namely:- "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 underta ings and to provide technical consultancy services to

industrial establishments in the private sector and for matters

connected therewith.".


3.
Amendment of section 2.


3. Amendment of section 2.-In section 2 of the principal Act, in

sub-section (1), after clause (c), the following clause shall be

inserted, namely:- '(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 ndustry, or in any trade, business or service;'.


4.
Amendment of section 3.


4. Amendment of section 3.-In section 3 of the principal Act, in

sub-section (1), the words "and to perform such other duties as may be

entrusted to it by the Central Government" shall be inserted at the

end.


5.
Amendment of section 8.


5. Amendment of section 8.-In section 8 of the principal Act,- (i) in

clause (i), after the word "remove", the words ", order for compulsory

retirement of" shall be inserted;



(ii) in clause (ii), after sub-clause (c), the following sub-clauses

shall be inserted, namely:-



"(d) withholding of increment of pay with or without cumulative

effect;

(e) withholding of promotion;

(f) censure.".


6.
..........


6. In section 9 of the principal Act,- (i) in sub-section (1), for

the words, brackets and figure "subject to the provisions of

sub-section (3)", the words, brackets, figures and letters "subject to

the provisions of sub-section (2A), sub-section (2B) and sub-section

(3)" shall be substitute ;



(ii) after sub-section (2), the following sub-sections shall be

inserted, namely:- "(2A) 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.



(2B) 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 sectio 8 or sub-section

(2) or sub-section (2A) 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.";



(iii) in sub-section (3), for the words, figures and brackets "under

section 8 or under sub-section (2)", the words, figures, brackets and

letters "under section 8, sub-section (2), sub-section (2A) or

sub-section 10 of the principal Act, after clause (e), the following

clauses shall be inserted, namely:- (2B)" shall be substituted.


7.
Amendment of section 10.


7. Amendment of section 10.-In section "(f) to provide technical

consultancy services relating to security of any private sector

industrial establishments under section 14A;



(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 which may be entrusted to him

by the Central Government from time to time.".


8.
Insertion of new section 14A.


8. Insertion of new section 14A.-After section 14 of the principal

Act, the following section shall be inserted, namely:- "14A.

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 in ustrial 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.".


9.
Amendment of section 22.


9. Amendment of section 22.-In section 22 of the principal Act, in

sub-section (2),- (i) after clause (ggg), the following clauses shall

be inserted, namely:- "(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;";



(ii) in clause (h), the word "and" occurring at the end shall be

omitted; (iii) after clause (h), the following clause shall be

inserted, namely:- "(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".


10.
Validation of the disposal of certain revision pertitions.


10. Validation of the disposal of certain revision

petitions.-Notwithstanding any judgment, decree or order of any court

to the contrary, rule 49 of the Central Industrial Security Force

Rules, 1969 published with the notification of the Government of India

in the Ministry of Home Affairs number S.O. 4632, dated the 12th

November, 1969 shall be deemed to be, and to have always been, made

under the principal Act as amended by this Act as if the principal Act

as so amended had been in force at all materia times before the

commencement of this Act and accordingly the disposal of any revision

petition under the said rule 49 before the commencement of this Act or

any order made or purporting to have been made or any action or thing

taken or done in or under such petition shall not be deemed to be

invalid or ever to have become invalid merely on the ground that the

Central Government had no power under the principal Act to make the

said rule 49.