CENTRAL
INDUSTRIAL SECURITY FORCE (AMENDMENT) ACT 2009 The Central Industrial Security Force (Amendment)
Act, 2009 [Act No. 22 of 2009] [16th March, 2009] An Act further to amend the Central Industrial
Security Force Act, 1968 Be
it enacted by Parliament in the Sixtieth Year of the Republic of India as
follows:-- (1) This Act may be called the Central Industrial
Security Force (Amendment) Act, 2009. (2)
It
shall be deemed to have come into force on the 10th day of January, 2009. In
the Central Industrial Security Force Act, 1968(50 of 1968) (hereinafter
referred to as the principal Act), in section
2
Preamble 1 - CENTRAL INDUSTRIAL
SECURITY FORCE (AMENDMENT) ACT, 2009PREAMBLE
(a) after clause (ca), the following clause shall be
inserted, namely:--
"(cb)
"joint venture" means a venture jointly undertaken by the Central
Government or State Government with private industrial undertaking;';
(b) after clause (g), the following clause shall be
inserted, namely:--
'(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;'.
Section 3 - Amendment of section 3
In section 3 of
the principal Act, in sub-section (1), after the words "industrial
undertakings owned by that Government", the words ", joint venture or
private industrial undertaking" shall be inserted.
Section 4 - Amendment of section 4
In section 4 of
the principal Act, for sub-section (1), the following sub-section shall be
substituted, namely:--
"(1)
The Central Government may appoint a person to be the Director-General of the
Force and such other supervisory officers as considered necessary.".
Section 5 - Amendment of section 7
In section 7 of
the principal Act, in sub-section (2),--
(i) for the words "an Inspector-General, a Deputy
Inspector-General, a Commandant, a Deputy Commandant or an Assistant
Commandant", the words "such other supervisory officers as considered
necessary" shall be substituted;
(ii) after the words "industrial undertaking",
the words "Joint venture or private industrial undertaking" shall be
inserted.
Section 6 - Amendment of section 10
In section 10 of
the principal Act,--
(i) in clause (c), after the word
"safeguard", the words "any joint venture, private industrial
undertaking and" shall be inserted;
(ii) in clause (h), after the words "any other
duty", the words "within and outside India" shall be inserted.
Section 7 - Amendment of section 14
In section 14 of
the principal Act,--
(a) in the marginal heading, after the words
"public sector", the words", joint venture or private
sector" shall be inserted;
(b) in sub-section (1), after the words "public
sector", the words "Joint venture or private sector" shall be
inserted;
(c) in the proviso to sub-section (2), for the words
"one month's notice", the words "three month's notice"
shall be inserted.
Section 8 - Amendment of section 15
In section 15 of
the principal Act, in sub-section (1), after the word "within", the
words" or outside" shall be inserted.
Section 9 - Repeal and saving
(1) The Central Industrial Security Force (Amendment)
Ordinance, 2009(Ord. 2 of 2009) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the principal Act, as amended by the said Ordinance, shall
be deemed to have been done or taken under the principal Act, as amended by
this Act.
Statement of Objects and Reasons -
Central Industrial Security Force (Amendment) Act, 2009
STATEMENT OF OBJECTS AND REASONS
(1) The Central Industrial Security Force (CISF)
constituted under the Central Industrial Security Force Act, 1968 (No. 50 of
1968) provides protection and security to the Central Government Industrial Undertakings.
By the amendment of 1983, the CISF was declared as an Armed Force of the Union.
The amendment of the Act in 1999 enabled the Central Government to entrust any
other duty to the Force and also made provision for consultancy to private
sector in security matters.
(2) With the growing threat of terrorist outfits,
industries in the private sector and joint venture, which have contributed to
the growth of economy also require security by CISF. It is therefore proposed
to amend the relevant sections of the Central Industrial Security Force Act,
1968 to enable the deployment of CISF for security of private sector
undertakings and joint ventures on cost reimbursement basis.
(3) There are a few other amendments required for
administrative reasons. Sections 4 and 7 of the Act mention specifically the
ranks of the supervisory officers of the Force. It is proposed to keep a
generic provision in the Act so that changes in ranks and designations will not
require amendment to the Act.
(4) Section 14(2) of the Act stipulates one month's
notice from the management of a PSU for the withdrawal of CISF, which is
considered inadequate for the force as considerable amount of logistics and
administrative arrangements are involved. It is therefore proposed to enhance this
notice period from one to three months.
(5) Section 15 of the Act is also proposed to be
amended to enable deployment of CISF outside India in Indian Embassies or UN
Peacekeeping Missions, etc.
(6) The Bill seeks to achieve the above objects.