Preamble - CENTRAL INDUSTRIAL SECURITY FORCE RULES, 2001
CENTRAL INDUSTRIAL SECURITY FORCE RULES, 2001
PREAMBLE
In exercise of the powers conferred by section 22 of the Central Industrial Security Force Act, 1968 (50 of 1968), the Central Government hereby makes the following rules, namely -
Rule 1 - Short title and commencement
(1) These rules may be called the Central Industrial Security Force Rules, 2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
Rule 2 - Definitions
In these rules, unless the context otherwise requires
(a) "Act" means the Central Industrial Security Force Act, 1968 (50 of 1968);
(b) "Appendix" means an appendix to these rules;
(c) "Close arrest" means confinement ofany enrolled member of the Force within the Force or a detachment of the Force or apost quarter guard, building or tent undercharge of a guard;
(d) "Magistrate "means any Magistrate as referred to in section 3 of theCodeofCriminal Procedure, 1973;
(e) "Openarrest" means confinement of anyenrolledmemberoftheForcewithintheprecinctofany barrack, lines orcampfor thetime being occupied by any detachmentofthe Force;
(f) "Schedule" means a Schedule appended to these rules;
(g) "Section" means a section of the Act;
(h) The expressions "Assault", "criminal Force", "reason to believe", "wrongfully restrain" and "voluntarily causeshurt" havethemeaning assigned to them respectively in Indian Penal Code;
(i) Words and expressions used in these rules and notdefined,but defined in theAct,shall have the meaning respectively assigned to them in the Act.
Rule 3 - Constitution of the Force
(1) The Force shall consist of the following three branches, namely:-
(i) Executive Branch;
(ii) Fire Service Branch; and
(iii) Ministerial Branch
(2) Each Branch shall consist of such supervisory officers (other than the Director General) and enrolledmembersoftheForceasthe Director General may from time to time specify.
Rule 4 - Composition of the Force
TheSupervisory Officers and enrolled members of the Force shall be classified in accordance with the ranks in the following categories, namely:-
(1) (a) Supervisory Officers
(i) Director General;
(ii) Inspector General;
(iii) 2[***], Deputy Inspector General (Fire) 1[Principal, Regional Training Centre, Principal, Fire Service Training institute] and Director, National Industrial Security Academy;
(iv) Commandant, Assistant Inspector General, Assistant Inspector General (Fire), Commandant (Fire), Group Commandant, 1[Vice-principal, Regional Training Centre, Vice-principal, Fire Service Training Institute] 3[***]; Assistant Director, National Industrial Security Academy.
(v) Deputy Commandant 4[Deputy Commandant (Fire) and Deputy Commandant (Medical Officer)] and Joint Assistant Director, National Industrial Security Academy.
(vi) Assistant Commandant, 5[***], Assistant Commandant (JuniorAdministrativeOfficer)andAssistantCommandant (Fire) and Deputy AssistantDirector, National Industrial Security Academy.
(b) Enrolled Members
(vii) Inspector (Executive, Stenographer, Ministerial, Fire and Armourer)
(viii) Sub-Inspector (Executive, Stenographer, Ministerial, Fire and Armourer);
(ix) Assistant Sub-Inspector (Executive, Ministerial, Fire and Armourer);
(x) Head Constable (Driver, Executive, Fireand Armourer);
6[(xi) Constable (Executive, Fire Armourer, Driver-cum-Pump Operator, Nursing Assistant, Band, Fitter and Tradesman)
Explanation. - For the purpose of clause (b) of sub-rule (1), each of the categories of ranks in clause (b) of sub-rule (1) other than the ranks mentioned at sub-clause (xi) shall be the immediate superior in rank to the rank mentioned below that category.]
(2) Unless the context otherwise requires, referencetoCommandant, DeputyCommandant, Assistant Commandant, Inspector, Sub-Inspector, Assistant Sub-Inspector, Head Constable, Constable and Followers in these rulesshall be deemed respectively to include references to all or any of the ranks of Supervisory Officers or enrolled members of the Force as the case may be specified in items (iv) to (xii) of sub-rule (1).
(xii) Followers (Cook, Kahar, Sweeper, Mochi, Barber, Carpenter, Tailor, Dhobi, Charge Mechanic, Motor Pump Attendant, Switch Board Attendant and Painter). Each of the above categories of ranks other than the ranks mentioned at item No.(xii) shall be the immediate superior in rank to the rank mentioned below that category.
Rule 5 - Conferment of local rank
Notwithstanding anything contained in these rules, the Director Generalmay, subject to confirmation ofthe Central Government, grant to an officer of the Force a higher rank than held by him, as a local rank, whenever considered necessary by him in the interest of better functioning of the Force -
(i) alocalrankshallbeconferredbythe DirectorGeneral up to and including the rankof Commandant only.
(ii) local rank to the officers of thelevelofDeputyInspectorGeneralandaboveshallbe conferred after prior approval of the Ministryof Home Affairs.
(iii) the power of conferring local ranks will not be further delegated by the Director General to any of the officers subordinate to him.
(iv) an officer of the Force who has beengranted a local rank -
(a) shall exercise the command and bevested withthe powers of an officerholdingthat rank,
(b) shallcease to hold that rank,ifthe grantof such rank is notconfirmedwithin 21 days by the Central Government, or when so orderedby the Director General orwhenhe ceases to hold the appointment for whichthe rank is granted,
(c) shall not be entitled to anyextrapayand allowances for holding such rank,
(d) shallnotbeentitledto claimany seniority over other officers of the Force by virtue of having held such rank.
Rule 6 - Duties of Director General
(1) The Director General shall be the Head of the Force and shall be responsible for maintaining it in a state of high efficiency, training, discipline and morale and he shall for that purpose take all such steps as he may consider necessary, by way of tours, inspections, examination of records, calling for reports, framing regulations, issuing instructions and giving directive onall matterspertaining to the administration ofthe Force.He shall inparticular guide and direct the supervisory officers and it shall be his duty to ensure that each supervisory officer maintains the Force in his charge at a high level of efficiency and discipline.
(2)The Director General shall keep himself in touch with the Chairman, Managing Directors and GeneralManagersofthePublicSector undertakings where the Force is deputed and post himself from time to time with the problems and needs of eachsuchUndertakings in relation to the Force.He shall maintain close liaison with the Police and other authorities of the State so as to secure effectiveco-ordinationbetween the State Police and the Force in regardto matters pertaining to theprotection and Security of Public Sector Undertakings.He shall keep the Central Government duly informed of all matters of importance.
Rule 7 - Duties of Sector Inspectors General in Central Industrial Security Force
(1) To exercise powers of Head of Department in the respective sectors for inclusion which may consist one or morezones in financial andadministrative matters as provided under the various rules.
(2) To closely monitor the crime situations in the field units and adopt proper crime control measures in the respective Sectors.
(3) To exercise operational control of the Force, deployed under his charge including those in various Public Sector Undertakings and to render timely directions to the respective Zonal/Plant Deputy Inspectors General. This also includes deployment on Internal Security duties/Election duties etc.
(4) To guide and direct all concerned to ensure effective security arrangements in the Industrial Undertakings.
(5)To establish and maintain liaison and co-ordination with the Chief Secretaries, Director /Inspector General of Police of the States and Heads/Chief Executives of the Public Sector Establishments.
(6) To carry out the inspections of Units in his sector as per the Circulars from Force Head- quarters
(7) Toscrutinise the inspection reports conducted by the Zonal/Plant Deputy Inspectors General relating to various Units and monitoring of the compliance of shortfalls pointed out therein.
(8) To conduct special enquiries within the Sector or elsewhere as and when so directed by Force Headquarters.
(9) To scrutinise and approve the tour programmes, inspection notes and monthly diaries of Zonal/Plant Deputy Inspectors General.
(10) To exercise powers for grant of leave as per the rules/instructions issued by Force Headquarters.
(11) To order postings/transfers of enrolled members of the Force within the sector.
(12) To ensure speedy disposal of departmental enquiry cases and close monitoring of Court cases.
(13) To ensure timely recovery of Central Industrial Security Force dues.
(14) To ensure proper training of the Force personnel under his charge.
(15) To look after and to take effective steps for the welfare of Force personnel under his charge to keep their morale high.
(16) To ensure timely action by Units on information/detailsaskedforbyForce Headquarters.
Rule 8 - Duties of Deputy Inspector General
(1) For proper supervision of the Force, the Country shall be divided in zones. A Deputy Inspector General shall be the incharge of each zone. He shall be responsible for maintaining the Force in his charge in a state of high efficiency, training, discipline and morale. For this purpose, he shall inspect the Units and the Industrial Undertakings in Public Sector in his Zone where the Force is deputed at least twice a year and send his Inspection Reports to the Inspector General, giving details of the state of the Force and its administration.
(2) The Deputy Inspector General shall be readily available to the Commandants and shall aid, advice and control them.He shall keep in touch with the Chairman, Managing Directors and General Managers of the Undertakings in his Zone and shall also keep liaison with the State authorities with a view to secure full cooperation between the State Police and the Force in ensuring proper protection and security of the property of the Industrial Undertakings in the Public Sector in his Zone.He shall keep the InspectorGeneralfullyinformedofall developments which need his attention normally all communications between the Commandant and Inspector General shall be channelized throughthe Deputy Inspector General though in cases of greaturgency the Commandantmay write to the Inspector General direct in which case, he shall endorse a copy to the Deputy Inspector General.
Rule 9 - Duties of Managing Director and General Manager
The Force deputed to an Undertaking shallwork under thegeneral supervision, direction and control of the Managing Director of that Undertaking.The Commandant of the Force shall keep the managing director fully informed of all developments including the state of the Force.The Managing Director shall inspect the posts of the Force situated in his Undertaking atleast once a year.
Rule 10 - Duties of Commandant
(1) The Commandant shall be the head of the Unit. He shall be responsible for the efficiency, discipline and morale of the Unit and for the proper management of each branch of the Force under him. He shall periodically inspect the Units of the Force under his command. All orders to the Force under him shall emanate from him and all communications from the Force under him shall pass through him.
(2) The Commandant shall regularly inspect the detachments of the Force posted outside the headquarters and ensure that they remain in a high state of efficiency. He shall ensure that all enrolled members of the Force under him attend parade and refresher courses in turn according to a programme. When at headquarters, he shall attend the parade every Tuesday and Friday and hold the Orderly Room every Friday.
(3) The Commandant shall be responsible for the securityof the Undertaking inwhichthe detachments of his Units are posted.For that purpose he shall remain in close touch with the district as well as Police authoritiesand the heads of the various departments in the said Undertaking.He shall keep the Managing Director and the General Manager of the said undertaking as well as the Deputy Inspector General fully informed of all the developments and send them regular fortnightly reports as prescribed.Matters of urgent nature, however, shall be broughtto their notice by the quickest possible means.He shall pay his personalattention to the workingofthe Intelligence wing and ensure that intelligence is efficiently collected and conveyed promptly to the Managing Director, General Manager and the Deputy Inspector General.
Rule 11 - Duties of Deputy Commandant
(1) The
Deputy Commandant shall assist the Commandant in the discharge of his duties;
and where he is placed as head of the Unit, he shall discharge all the duties
of a Commandant and shall exercise only those financial powers that are
delegated to him under the relevant rules.
(2) The
Deputy Commandant shall be responsible for the efficiency, discipline and
morale of the personnel under him and shall also be responsible for the
security of the undertaking or its part entrusted to him.
Rule 12 - Duties of Assistant Commandant
The Assistant Commandant shall assist the Commandant and unless specifically directed to the contrary in the regulations framed for the purpose he shall perform all the functions of the Commandant when sorequiredby the later.He shall be responsible for the efficiency, discipline and morale of the personnel under him and shall also be responsible for the securityofthe undertaking or its part entrusted to him.
Rule 13 - Arrest
(1) In making an arrest, under sub- section (1) of Section 11 of the Act, the member of the Force shall actually touch or confine the body of the person to be arrested.
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, the member of the Force may use allmeans necessary to affect the arrest.In case of use of force, it should be minimum, required in that particular situation.
(3) The person arrested shall not be subject tomore restraint than necessary to prevent his escape.
(4) The member of the Force making the arrest, may search such person, and place in safe custody all articles including weapons, if any, other than necessary wearing apparels, found upon him. An inventory of all such articles shall be prepared in the presence of at least two respectable witnesses and in the presence of the arrested person and a copy of the inventory duly signed by the witnesses and the person conducting the search, shall be given to the person so arrested after obtaining due receipt.
(5) Such arrested person as well astheseized articles and its inventory shall be handed over toa police officer or at the nearest policestationwithoutavoidabledelay alongwith abriefnotegiving the time, date and reasons of arrest.
Rule 14 - Search
Whenever a search of a person and of hisbelongingisconducted under section 12oftheAct,aninventoryshallbepreparedinthepresenceof the two respectable witnessesanda copy of the inventory duly signed by the witnesses and the person who conducted the search, shallbe given to the person concerned after obtainingdue receipt. The property so found onsuchsearch, shallalsobe sent to the policealong withthe person.If nothing is found on such search, a nil inventory statement duly signed shall be sentto the police along with the person.
Rule 15 - Prescribed rank
The prescribed rankforthe purposes of sub-section (1) of section 12 ofthe Act shall be the Head Constable.
Rule 16 - Powers of appointment
8Subject to the provisions of the Act and these rules, appointments to the post of Sub-Inspector and Inspector shall be made by the Deputy Inspector General concerned and to the ranks of Assistant Sub-Inspector, Head Constable and Constable shall be made by the Sr. Commandant or Commandant.]
"Subject to the provisions of the Act and these rules, appointments to the post of Inspector shall be made by the Deputy Inspector General concerned and to the ranks of Sub-Inspector, Assistant Sub-Inspector, Head Constable, Constable and Followers shall be made by the Commandant."
Rule 17 - Conditions of eligibility for appointment to the Force
Nopersonshallbeeligiblefor
appointment to the Force unless ?
(a)
(i) he is a citizen of India; or
(ii)hebelongstosuchcategoriesof persons as may, from time to time be declared by the Central
Government as beingeligible for
appointment to the Force;
(b)
he bears a good moral character,
(c)
he obtains a health certificate in theform prescribed in Appendix "C"certified by aMedical Officerof Central Industrial SecurityForceoranyotherMedical Officer orAssistantSurgeonbelonging to Grade-I of any
Government Hospital or Dispensary.
Rule 18 - Disqualification
No
person, -
(a)whohas enteredinto or
contracted amarriagewitha personhavinga spouse living;
or
(b)who, having a spouse living, has
enteredinto orcontractedamarriagewithanotherperson,shallbe
eligibleforappointmenttothe Force;
Provided
that the Central Government may, if satisfied that such marriage is
permissibleunder the personal law
applicable to such person and the otherparty to the marriage and thereareothergroundsfor so doing, exempt any person fromthe operation of this rule.
Rule 19 - Name of the posts, their classification and scales of pay
The
name of posts of membersof the
Force, their number and classification andthe scaleofpayattachedtheretoshallbeas specifiedintheRecruitmentRulesasamended from time to time.
Rule 20 - Method of recruitment, age limits and other qualifications
The
method of recruitment,age limits,
qualifications and other matters relating to each of the said post shall be as
specified in therecruitmentrules as amended fromtimeto time.
Rule 21 - Agreement
Every
enrolled member ofthe Force
exceptthose appointed on transfer
ondeputationshallexecuteatthetimeofhisinitial
appointment an agreement in the form specifiedinAppendix
"A".
Rule 22 - Cadre
Each
of the three branchesmentionedinrule3shallform aseparatecadreforthe purpose of seniority, promotion and
confirmation.
Rule 23 - Deputation
(1)(a)Duringthe period of deputation, the
officer on deputation shall be
governed by the provisions of the Act and
the rules and
regulations made there under.
Provided that the provisions of rules 58, 59 and 71 shall not apply to him.
(b)
Without prejudice to the foregoing, every such officer shall be subject to the
rules of discipline applicable to the corresponding rank
to the Force.
(2)
Save as aforesaid, the other terms and
conditions of deputation shall be such as may be agreed upon between the lending authority
and the Central Government.
(3) Notwithstanding
anything contained in these
rules, the Central Government or the Director General,
as the case may be, may, without assigning
any reason
terminate the period of deputationof any officer at any timeandsuch terminationshallnotbedeemedtobeapunishment.
Rule 24 - Promotion
Notwithstanding
anything contained intheserules specially deservingConstableorHead Constable who have put in fifteen ortwentyyears of
service may be promoted to therankofHead Constable or Assistant
Sub-Inspector asthe casemaybe,on thebasisoftheirservice recordsby the Commandant with theapprovaloftheDeputyInspectorGeneral,butthetotalnumber
ofsuch promotion shall not exceed
10% ofthepostswhich may be filled by the methodof promotion.
Rule 25 - Probation
(1) Every
member of the Forceexcept
thoseappointed on
deputation/absorption,shall beonprobationfor
theperiodspecifiedin relevantcolumn
of the Recruitment Rules:
Providedthat in the absence ofaspecific orderofconfirmationoradeclarationof satisfactory completion of
probation, a memberof the Force
shall be deemed to be on probation:
Provided
further that no member of theForce shallordinarilybe kept on probationformorethantwicethe period prescribedinrespective recruitment
rules.
(2)Ifduring the period of probation the appointing
authority is of the opinion that a member of
the Force is not fit for permanent appointment,
the appointing authority may discharge him from the
Force after issue of notice of one month or after
giving one month's pay in lieu of such notice, or revert him to
the rank from which he was promoted or
repatriate to his parent department as the case may be.
(3) On successful completion of probationbyamember
ofthe Force,theappointingauthority shall pass an order confirming the member oftheForce in the grade in which he joined the Force.
Rule 26 - Termination
(1)Whereanoticeisgivenbythe Deputy Inspector General terminatingtheservices of a probationer is terminated either ontheexpiryofthe periodofsuchnoticeorforthwithbypayment of pay plusallowanceorservicesareterminatedbytheappointing authorityforhisfailure topassthefinal examinationof the initial training course,the InspectorGeneral, if the said DeputyInspector Generalor the appointing authority as thecasemaybeis subordinate to him, mayonhisown motionor otherwise, reopen the caseandaftermaking such enquiry he may (i) confirm the action takenbythe Deputy InspectorGeneralorthe appointingauthorityas the case maybe;(ii) withdrawthenotice(iii)reinstatethe probationer in service ; or (iv) make suchother order in the case as he may consider proper.
Providedthatexceptinspecial circumstances,whichshouldberecordedin writing,nocase shall be reopenedunderthis sub-rule after the expiry of three months.
(a) From the date of notice, in a case wherenotice is given.
(b)From the date of termination ofservice in a case where no notice is given.
(2) Whereaprobationer is reinstated in service under above rule, the order of reinstatement shall specify ; (i) the amount of proportion of pay and allowances, if any, to be paid to the probationer for the period of his absence between the date of termination of his services and date of his reinstatement ; and (ii) whether the said period shall be treated as a period spent on duty for any specified purpose or purposes.
(3) Where the Inspector General has terminatedtheserviceof a probationer, actingas appointing authority, all the powers prescribed in sub-rule (1) and (2) above shall beexercisedbythe Director General and wheretheDirector Generalhas issued the order ofterminationby the Central Government.
Rule 27 - Special provision for certain categories of persons
Nothing in these rulesshalleffect reservations,relaxation of age limit andother concessionsrequiredtobeprovidedforthe ScheduledCaste,theScheduledTribes,Ex-servicemenandotherspecialcategories of persons,in accordance with the order issuedbythe Central Government from time to time inthisregard.
Rule 28 - Power to relax
Notwithstandinganythingcontainedin the foregoing rules, where,in the interest of the formation and the due functioning of the Force it is necessary so to dorelaxationunder these rules (other than the requirementofbeingmedically fit) may be made at the timeof direct recruitment by the Director General:-
TheDirectorGeneral shallframe TrainingManual,EstablishmentManualaswellas other manuals for administration ofthe ForcewiththeapprovaloftheCentralGovernment.
Rule 30 - Solemn affirmation of allegiance
On appointment,eachrecruitorcadetshallbe requiredtosolemnly affirm hisallegiancein the form given in Appendix "B" and shallreceiveacertificateof appointment asprescribedin section 6 of the Act.
Rule 31 - Rules governing discipline
(1)Supervisoryofficersshallbegovernedbytherules applicabletotheofficersoftheCentral Governmentof corresponding class in respectof disciplinary proceedings.
(2)The enrolled members of the Force shallin suchmattersbe governed by therulesinthis Chapter.
Rule 32 - Disciplinary Authority
(1)Thedisciplinary authority in respect of an enrolled member of the
Force for the purpose of imposing any particular penalty or the passing of any disciplinary
order shall be the
authority specified in this behalf
in Schedule-I under whose administrative control the enrolled member is serving and shall
include any authority mentioned in the said
Schedule superior to such
authority.
(2) Whenever an enrolled member of the
Force is deployed for operational
duty outside the place of his permanent posting
then a supervisory officer under whose control
such member has been so deployed shall be competent to place
him under suspension. Such supervisory officer shall refer the matter
to his disciplinary authority as mentioned in
sub-rule (1).
(3) A disciplinary authoritycompetentunder Schedule -Itoimposeanyofthepenalties
specifiedinclause (vi) to (x) of rule34may institutedisciplinaryproceedingsagainstanyenrolled member of the Force for imposition of any ofthe penalties specified in clauses (i)
to(v)of rule 34 notwithstanding that suchdisciplinaryauthorityis
not competent under Schedule -Itoimpose any such
penalties.
Rule 33 - Suspension
(1) The appointing authority or any authority towhichitissubordinateorthe disciplinaryauthorityoranyother authority empoweredinthatbehalf bythePresidentby generalorspecial order may placeanenrolled ember of the Force under suspension -
(a)where a disciplinary proceeding against him is contemplated or is pending; or
(b)wherea case against him in respectofany Criminaloffenceisunderinvestigation, inquiryortrial; or
(c)whereintheopinionoftheauthority aforesaid,he engaged himself inactivitiesprejudicialto the interest of thesecurity of the State:
Providedthatwhere theorderofsuspensionismadebyanauthoritylowerthantheappointingauthority,such authorityshallforthwithreporttotheappointingauthoritythecircumstancesinwhichtheorderwasmadeandobtainhis approvalwithin30 days from thedateoftheorder.
(2)Anenrolled member of the Forceshallbe deemed to have been placed under suspension byan order of the appointing authority -
(a)with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty eight hours;
(b) with effect from the date of his conviction inthe event of a conviction for anoffence,heissentencedtoatermofimprisonmentexceedingfortyeighthoursandisnotforthwith dismissed or removed or compulsorily retired consequent to such conviction:
Explanation-The period offorty-eighthours referredto in clause (b) of this sub-ruleshall becomputedfromthecommencementofthe imprisonmentafterthe conviction andforthis purpose, intermittent periods of imprisonment,ifany, shall be taken into account.
(3) Wherea penalty of dismissal, removal or compulsory retirement from service imposed upon an enrolled member of the Force under suspension is set aside in appeal or on review under these rules and the case is remitted for further enquiry or action or with any other directions, the orders of his suspension shall be deemed to have continued in Force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in Force until further orders.
(4) Wherea penalty of dismissal,removalor compulsory retirement from service imposed upon anenrolledmemberofthe Force issetasideor declared or rendered void in consequence of orby a decision or a court of law and thedisciplinaryauthority,on consideration of thecircumstancesofthecase, decides to hold afurtherinquiryagainsthimontheallegationsonwhichthepenaltyofdismissal,removalorcompulsoryretirementwas originally imposed,theenrolledmemberof the Force shall be deemed to havebeen placedundersuspensionbytheappointing authorityfrom the date of the original orderof dismissal,removal or compulsoryretirementand shallcontinue to remain undersuspensionuntil further orders.
(5)(a) An order of suspension made or deemed tohavebeen made under this rule shall continueto remain in Force until it is modified or revoked by the authority competent to do so.
(b)whereanenrolled member oftheForceis suspendedoris deemed tohavebeensuspended(whetherinconnectionwithanydisciplinaryproceedingsorotherwise)andanyother disciplinaryproceeding is commenced againsthim duringthecontinuance of thatsuspension,the authority competent to place him under suspension,may for reasons to be recorded by him inwriting, direct that the enrolled member of the Force shall continuetobeundersuspensionuntilthetermination of all or any of such proceedings.
(c) An order of suspension made or deemed tohavebeenmadeunderthis rule may atanytimebemodified or revoked by the authority which made or isdeemed to have been made the order orbyanyauthority to which that authority is subordinate.
Rule 34 - Nature of Penalties
Thefollowingpenaltiesmay,forgoodand sufficientreasonsandashereinafterprovided, be imposed on anenrolled member of the Force, namely:-
Major Penalties -
(i) dismissal from service which shall ordinarilybe a disqualification for future employment under the Government;
(ii)removal from service which shall notbea disqualification for future employment underthe Government;
(iii)compulsory retirement;
(iv) reductionto a lower time scaleofpay,grade, post or service which shall ordinarilybea bar to the promotion of the Governmentservantto the time scale of pay, grade, post orservicefrom which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from whichenrolled member of the Force was reduced and his seniorityandpay on such restoration to that grade,post or service;
(v) save as provided for in clause (viii) below -reductionto a lower stage in the time scaleof payforaspecifiedperiodwithfurther directionsasto whether ornottheenrolledmemberwillearn increments of payduringtheperiodofsuchreduction andwhetheronthe expiryof such period, the reductionwillhavethe effect of postponing the future increments of his pay.
Minor penalties -
(vi) Censure;
(vii) withholding of his promotion;
(viii)Reductionto a lower stage inthetimescale of pay for a period of not exceedingthree years,withoutcumulativeeffectandnot adversely affecting his pension;
(ix) withholding of increment of pay;
(x) fine to any amount not exceeding of 7days'pay.
Explanation - The following shall not amount to apenalty within the meaning of this rule, namely:-
(a)withholdingofincrementofanenrolled memberforfailuretopassadepartmental examinationinaccordancewiththerulesor orders or the terms of his appointment;
(b)stoppage of increment of an enrolled member at the efficiency bar in a time scale ofpayonthe ground of his unfitness to cross the bar;
(c)non-promotion of an enrolled member whetherina substantive or officiating capacity,afterconsideration of his case, to a rank or postfor promotion to which he is eligible;
(d)reversion of an enrolled memberofficiatingin a higher rank or post to a lower rank or post,on the ground that he is considered aftertrial, to be unsuitable for such higher rank or postoronany administrative groundsunconnectedwith his conduct;
(e) reversion of an enrolled member appointedon probation to any other rank or post during orat the end of the period of probation inaccordancewiththe terms of his appointment ortherules and orders governing such probation;
(f)replacement of the services of anenrolledmember whose services had been borrowed fromanydepartmentofthe Central GovernmentorStateGovernmentorany authority undertheCentral GovernmentortheStateGovernmentatthe disposalof the Central Government or theState Governmentortheauthorityfromwhichthe servicesofsuchenrolledmemberhadbeen borrowed;
(g)compulsory retirement of an enrolled member in accordance with the provisions relating to his superannuation or retirement:
(h) Terminationofservice ?
(i)ofanenrolled member appointed on probation duringorattheend of the period of hisprobation,in accordancewith the terms of his appointmentor the rules and orders governing such probation; or
(ii) of a temporary enrolled member in accordance with the provisions of rule 25; or
(iii) of an enrolled member, employedunderan agreement,in accordance with the terms ofsuch agreement:
(i) treatment of absence from duty as"dies-non" ordered by a competent authority under rule 55:
Rule 35 - Petty punishments
HeadConstable,Constable and Follower may also be awarded, aspunishment,extradrill, guard, fatigue or other duty foraterm not exceeding fourteen days. Explanation - Petty punishments shallordinarilybe awarded in Orderly room as provided in rule 38of this Chapter.
Rule 36 - Procedure for imposing major penalties
(1) Without prejudice to the provisions of the Public Servants (Inquiry) Act, 1850 (37 of 1850), no order imposing on an enrolled member of the Force any of the penalties as specified in clauses (i) to (v) of rule 34 shall be made except after an inquiry held, as far as may be, in the manner hereinafter provided.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an enrolled member of the Force, it may itself inquire into, or appoint an authority to inquire into the truth thereof. Explanation - Where the disciplinary authority itself holds the inquiry, any reference in sub- rule (7) to (18) of this rule shall be construed as a reference to the disciplinary authority.
(3) Where it is proposed toholdaninquiry againstanenrolled member of theForceunder this rule, the disciplinary authority shalldraw up or cause to be drawn up -
(i) the substance of the imputation of misconductormisbehaviourintodefiniteanddistinct articles of charge;
(ii) a statement of the imputation ofmisconductormisbehaviourin support of eacharticleofcharge, which shall contain;
(a)a statement of all relevant factsincluding any admission or confession made by theenrolled member of theForce;
(b)a list of documents by which, and a listof witnessesbywhom, the articles ofchargeareproposed to be sustained.
(4)The disciplinary authority shall deliveror causeto be delivered to the enrolled memberof theForce a copy of the articles of charge,the statementofimputationsofmisconductormisbehaviourandalistofdocumentsandwitnessesbywhich each articleofchargeis proposedto be sustained and shallrequiretheenrolledmember of the Force tosubmit,within suchtimeasmaybe specified,awritten statement of his defence and to state whetherhedesires to be heard in person.
(5)(a) On receipt of the written statementofdefence,the disciplinary authoritymayitselfinquireinto such of the articles ofchargeasare not admitted, or if it considers it necessarytodoso,appointundersub-rule(2),an inquiringauthoritynotbelowtherankof Inspectorforthe purpose, andwhereallthe articles of the charge have been admitted bythe enrolledmember of the Force in his written statement of defence, the disciplinaryauthorityshallrecord its findings on eachchargeafter takingsuchevidence as it maythinkfitand shallpass an order in the manner laiddownin sub-rule (20) to (22).
(b)Ifnowrittenstatementofdefenceis submittedby the enrolled member oftheForce,thedisciplinaryauthority mayitselfinquireintothearticlesof charge,ormay,ifit considersit necessary to do so, appoint,undersub-rule(2)aninquiringauthorityforthepurpose.
(i) a copy of the articlesof charge and the statement of the imputations ofmisconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by the enrolled member of the Force;
(iii) a copy of the statement of witnesses, if any, referred to in sub-rule (3);
(iv) evidenceprovingthedeliveryofthe documentsreferredtoinsub-rule(3)tothe enrolled member of the Force.
(7) Theenrolled member oftheForceshall appearin person before the inquiringauthorityonsuch day and at such time andplace,withinten working days from the date of receipt byhimofthearticle of charge and thestatementofimputationof misconduct or misbehaviour astheinquiringauthority may, by noticeinwriting, specifyinthis behalf or within such further time, not exceeding ten days as the inquiring authority may allow.
(8) (a)Theenrolledmember oftheForceso chargedmaybepermittedbytheinquiringauthority to present his case with the assistance ofany other Member of the Force postedattheplace of inquiry. He will give three choicesfor hisdefenceassistanceandthecontrolling officerwilldeputeanyoneofthethreeindicated by him;
(b)Theenrolled member of the Forcecannothave more than three cases in hand in which he is renderingdefenceassistance.However,thecontrollingauthorityof suchpersonswhoissoughtto be engaged may refusepermissionforhisworking as defence assistant ifthepublicinterest so demands.
(9)If the enrolled member of the Force who has not admitted any of the article of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the enquiring authority shall record the plea, sign the record and obtain the signature of the enrolled member of the Force thereon.
(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the enrolled member of the Force pleads guilty.
(11) The inquiring authority shall, on receipt of the notice for the discovery or production of documents forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition.
(12) On receipt of the requisition referred to in sub-rule (11), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority;
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the state, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the enrolled member of the Force and withdraw the requisition made by it for the production or discovery of documents.
(13) The inquiring authority shall direct the enrolled member of the Force, if he so wishes for the purpose of preparing his defence to inspect and take extracts from such official records as specified in list referred to in sub-rule (3) within 5 days from the date of such order. The disciplinary authority may refuse to grant access of any such documents, if that authority is of the opinion for the reasons to be recorded in writing, that such records are not relevant for the purpose or these are against the public interest.
(14) The inquiringauthorityshall,ifthe enrolledmemberof the Forcefailstoappear within the specified time or refuses or omitsto plead,proceed to record the evidencebywhichthe articles of charge are to be sustained.
(15) Onthe date fixed for the inquiry, the inquiring authority shall examine the oral and documentary evidence by which the articles of charge are proposed to be proved. The enrolled member of the Force shall be entitled to cross-examine the witnesses examined in support of the charge. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(16) The enrolled member of the Force may give the name of his defence witnesses who, shall be examined. If the inquiring authority declines to examine any defence witnesses on the ground that his evidence is not relevant or material, it shall record its reasons for the same in writing.
(17) The enquiring authority may after the enrolled member close his case, and shall generally question him on the circumstances appearing against him in the evidence for the purpose of enabling him to explain any circumstances appearing in the evidence against him. The enrolled member may also be permitted to file the written statement of his defence, if he so desires within 7 days.
(18) If the enrolled member to whom a copy of the articles of the charge has been delivered, does not submit written statement on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with provisions of the rule, the inquiring authority may hold the enquiry ex parte.
(19) (i) After the conclusion of the inquiry,areport shall be prepared and it shall contain -
(a)the article of charge and the statementof the imputations of misconduct or misbehaviour;
(b)thedefenceof theenrolledmemberin respect of each article of charge;
(c)an assessment of the evidence in respect of each article of charge;
(d)the findings on each article of chargeand reasons thereof-
Explanation - If, in the opinion of the inquiringauthoritytheproceedingsoftheinquiry establishany article of chargedifferentfrom the original article of the charge, it may record its findings on such article of charge;
Providedthat the findings on sucharticleofchargeshallnotberecordedunlessthe enrolledmember has either admitted the facton which such article of charge is based or hashad areasonableopportunity of defendinghimself against such article of charge.
(ii)The inquiring authority, where itisnot itselfthe disciplinary authority shallforward tothedisciplinary authoritytherecordsof enquiry which shall include -
(a)the report prepared by it under clause (i);
(b)the written statement of defence, ifany, submitted by the enrolled member;
(c)the oral and documentary evidenceproduced in the course of inquiry;
(d)writtenbrief,ifany,filedbythe enrolled member during the course of the inquiry; and
(e)theorders,ifany,madebythe disciplinary authority and the inquiryauthority in regard to the enquiry.
(20)(i)whereadisciplinaryauthority competentto impose any of theminorpenalties andnotcompetent to impose anyof themajor penaltiesspecifiedinrule34has itself inquiredinto or cause to be inquiredintothe articles of any charge and that authorityhavingregard to his own finding or having regard to his decision on any of the findings of any inquiringauthority appointed by it, is of the opinion that the major penalty specified in rule 34 shouldbe imposed upon the enrolled member, that authority shall forward the records of the inquiry tosuch disciplinary authority as is competent toimposeany of the major penalties.
(ii)Thedisciplinary authority towhichthe records are so forwarded may act on theevidenceontherecordor may remitthecasetothe disciplinary authority from whom the records wereforwarded or the inquiring authority, as the casemaybe,for further inquiry and reportonany point.
(21)(i)The disciplinary authority, if itis not itself the inquiring authority, may, considerthe records of inquiry and record its findings oneach charge. The disciplinary authority may,for reasons to be recorded by it in writing remit the casetotheinquiringauthorityforfurther inquiryand report and theinquiringauthorityshallthereuponproceedtoholdthefurther inquiry according to the provisions of thisrule as far as may be.
(ii)Thedisciplinary authority shall,ifit disagreeswiththe findingsoftheinquiring authorityon any article of charge,recordits reasons for such disagreement and record itsown findings on such charge if the evidence on record is sufficient for the purpose.
(22)(i)If the disciplinary authorityhaving regardtoitsfindings on all oranyofthe articles of charge is of the opinion that anyof theminor penalties specified in rule 34should beimposedonthe enrolledmember,itshallnotwithstandinganythingcontained inrule37make an order imposing such penalty;
(ii)Ifthedisciplinaryauthorityhaving regardtoitsfindings on all oranyofthe articlesof charge and on the basis ofevidence adducedduring the course of inquiry, is ofthe opinion that any of the major penalties specified inrule34 should be imposedontheenrolledmember, it shallmakeanorderimposingsuch penalties and it shall not be necessarytogive theenrolledmember any opportunityofmaking representationonthe penaltyproposedtobe imposed.
Rule 37 - Procedure for imposing minor penalties
(1)Noorderimposing any of minor penaltiesspecified in rule 34 shall be made except after -
(a) informing the enrolled member in writing of the imputations of misconduct or misbehavioron which it is proposed to be taken and giving him a reasonableopportunityofmakingsuch representationas he wishes to make againstthe proposal;
(b)holdingan inquiry, ifthedisciplinary authority so desires, in the manner laid downin sub-rules (3) to (22) of rule 36;
(c)taking the representation, if any submitted bythe enrolled member under clause (a) andthe record of inquiry, if any, held under clause(b) into consideration; and
(d)recording the findings on eachimputation of misconduct or misbehavior;
(2)Notwithstandinganythingcontainedin clause(b) of sub-rule (1), if in a caseitis proposed after considering the representation, if any, made by the Government servant underclause (a)of that sub-rule to withholdincrementsof pay and such withholding of increments islikely to affect adversely the amount of pension payabletotheGovernmentServantortowithhold increments of pay for a period exceeding 3years or to withhold increments of pay withcumulative effect for any period an inquiry shall be held in themanner laid down in sub-rule (3) to (22)of Rule 36beforemaking any order imposing on the enrolled member of the Force any such penalty.
(3)Therecords of theproceedingsinsuch casesshallinclude-
(i)acopyoftheintimationto the enrolled member s chargedofthe proposal to take action against him;
(ii)a copy ofthe statement of imputationof misconductormisbehaviordeliveredtohim;
(iii)his representation, if any;
(iv)the evidence produced during theenquiry, if any;
(v)thefindingsoneachimputationof misconduct or misbehavior; and
(vi)the orders on the case together withthe reasons therefore.
Rule 38 - Procedure for imposing petty punishment
Petty reachesofdiscipline andtriflingcasesof misconductby the enrolled members of theForce not above the rank of the Head Constable shall be inquiredintoand disposed ofintheOrderly room. The punishment enumerated in rule 35 may be awarded,makingarecordofthesummary proceedingsin the Orderly Room registerwhich shallbe maintained for keeping recordofsuch punishments. There shall be no appeal against the punishment awarded in the Orderly Room.
Rule 39 - Special procedure in certain cases
Notwithstandinganything contained in rules 36 to 38 -
(i)where any penalty is imposed on an enrolled memberofthe Force on thegroundofconduct whichhasled to his conviction onacriminal charge; or
(ii)wherethedisciplinary authorityis satisfiedforreasons to be recorded byitin writing that it is not reasonably practicableto holdan inquiry in the manner provided inthese rules, or
(iii)where the President is satisfied thatin the interest of the security of the state, itisnotexpedient to hold any inquiry in themanner providedintheserules,thedisciplinaryauthoritymay consider the circumstances ofthe caseandmake such orders thereon asitdeemsfit;
Provided that the enrolled member ofthe Forcemaybegiven an opportunityofmaking representation against the penalty proposed to be imposedbefore any order is made incaseunder clause (i).
Rule 40 - Provisions regarding enrolled members of the Force borrowed from State Governments etc
(1) whereanorderofsuspensionismadeora disciplinaryproceeding is conducted againstanenrolled member of the Force whose serviceshavebeenborrowedfrom anotherdepartmentofthe Central Government or from a State Governmentor anauthority subordinate thereto, theauthoritylending his services (hereinafter in theserules referredtoas the 'lendingauthority')shall forthwithbeinformedofthecircumstances leading to the order of suspension theenrolled memberof the Force or the commencementofthe disciplinary proceedings, as the case may be.
(2) In thelightofthefindingsinthe disciplinaryproceedings conducted againstsuchanenrolledmemberoftheForceifthe disciplinary authority is of the opinion that any of the penalties specified in clause (vi) to(x) ofrule34 should be imposed onhim,itmay, subjectto the provisions of sub-rule(22)(i)ofrule36andafterconsultationwiththe lendingauthority, pass such orders on thecase as it may deem necessary -
(i)provided that in the event of difference ofopinionbetween the borrowing authority andthe lending authority, the services of suchenrolledmemberofthe Force shall bereplacedatthe disposal of the lending authority;
(ii)ifthe disciplinary authority isofthe opinionthat any of the penaltiesspecifiedinclauses(i) to (v) of rule 34 should beimposedontheenrolled member of the Force,itshall replacethe services of such enrolled memberof theForceatthedisposalofthelending authorityand transmit to it the proceedingsof theenquiryforsuch actionasitmaydeem necessary.
Rule 41 - Provisions regarding enrolled member of the Force lent to state Government etc
(1)wherethe servicesof an enrolled member of the Forceare lenttoanotherdepartmentoftheCentralGovernmentorto a StateGovernmentorother authorityherein-after in this rule referredto as "borrowing authority"the borrowing authority shall have the powers of the appointing authorityforthe purpose of placing such enrolledmember oftheForceundersuspensionandofthe disciplinaryauthorityforthepurposeof conducting a disciplinary proceeding against him;
Provided that the borrowing authority shall forthwithinformthe authority whichlentthe servicesofsuch enrolled member oftheForce hereinafter in thisrule referred to as 'thelendingauthority'ofthe circumstances leadingtotheorderofsuspensionofsuch enrolled member of the Force or the commencementofthe disciplinary proceeding, as the casemay be:
(2)Inthelightof findingsinthe disciplinaryproceedings conductedagainstthe enrolled member of the Force;
(i)Iftheborrowingauthorityisoftheopinionthat any of the penaltiesspecifiedin clauses (vi) to (x)of Rule 34 should be imposed on such a member, it may, after consultation withthelending authority, make such ordersonthe case as it may deem necessary;
Provided that in the event of difference ofopinionbetween the borrowing authority andthe lending authority, the services of suchenrolled memberofthe Force shall bereplacedatthe disposal of the lending authority;
(ii)Iftheborrowingauthorityisofthe opinionthat any of the penaltiesspecifiedin clauses(i) to (v) of rule 3 should beimposed ontheenrolled member, itshallreplace his services at the disposal of lending authority and transmittheproceedingsoftheenquiryand thereuponthe lending authority may, if its is a disciplinary authority, pass such ordersthereon asit maydeem necessary, or if heisnota disciplinaryauthority, submit the casetotheappropriatedisciplinary authoritywhichshallpass orders on the case as it may deem necessary;
Provided that before passing any such orderthe disciplinary authority shall comply withthe provisions of sub-rule (22) of rule 36.
Explanation-The disciplinaryauthoritymaymake an order under this clause on the recordof theinquiry transmitted to it bytheborrowing authorityor after holding such furtherinquiry asitmay deem necessary, as far as maybein accordance with rule 36.
Rule 42 - Reduction in rank etc
Noenrolledmemberof theForce shall be reduced to a rank lowerthanthattowhichhe was firstappointed totheservicenor shall be reduced permanently inthe sensethathemay never beeligibleforre-promotionhowevermeritorioushissubsequentservicemay be. When reduction to alowerrank class,gradeor a lower time scale oralower stageinthe time scale is ordered,theorder shall also specify the position in the lower rank on such reduction as well as the period for which the reduction shall hold good.
Rule 43 - Withholding of increment
In case of withholding of increment as a punishment, the order shall state the period for which the increment is to be withheld and whether it shall have the effect of postponing further increments.
CHAPTER - XI
APPEALS, REVISIONS AND PETITIONS
Rule 44 - Appeal against order of suspension
Anenrolled member of the Force may appeal against the order of suspension to the authority, to which the authoritywhich made or is deemed tohavemade the order is immediately subordinate.
Rule 45 - Orders against which no appeal lies
Notwithstandinganythingcontainedinthis chapter, no appeal shall lie against -
(i)any order of interlocutory nature or of the natureof step-in-aid or the final disposal of disciplinaryproceedings other than an order of suspension; and
(ii)any order passed by an inquiringauthority in the course of inquiry under rule 36.
Rule 46 - Appeal against order imposing penalties
(1)An enrolled member may prefer an appeal againstall oranyofthefollowingorders,namely:-
(i)anorder of suspension made ordeemedtohave been made under rule 33;
(ii)anorderimposing anyofthepenalties specifiedin rule 34, made bythedisciplinary authorityorbyanyappellateorrevising authority.
(2)Such appeal shall be made to theauthority immediatelysuperiorto the authoritywhohas imposed the penalty.
NOTE:(i) Appeal against the orderofDeputy InspectorGeneralshalllietotheSector InspectorGeneral and against the orderofthe Sector Inspector General to the Director General.
(ii)Appealagainst the orderoftheDeputy inspector General at Force Headquarters including DeputyInspectorGeneral(TrainingandFire)shall lie to Inspector General (Headquarters) and againsttheorderofInspectorGeneral Headquarters) to the Director General.
(iii)Appeal against the order oftheDirector General shall lie to the Central Government.
(iv)Wherethepersonwhomadetheorder appealedagainstbecomes,byvirtueofhis subsequent appointment or otherwise the appellate authorityinrespect of such order,anappeal against such order shall lie to the authorityto whom such person is immediately subordinate.
(3)There shall be no second appeal. Butwhen the appellate authority imposes a penaltyhigher thanthe one appealed against, anappealshalllietotheauthoritynextsuperiortotheappellate authority.
Rule 47 - Period of limitation for appeals
Noappealunder these rules shall be entertained unlessit is submitted within a period of 30 days fromthedate on which the appellant receive a copy of the orderappealedagainst.
Providedthat the appellate authoritymay entertain the appeal after theexpiry of the saidperiod, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
Rule 48 - Form and contents of appeal
(1) Every enrolled memberpreferringan appeal shalldoso separately in his own name.
(2) The appeal shall be addressed to the authority to whom the appeal lie, shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.
Rule 49 - Submission of Appeals
(1)Theappellantshall submitsuch appeal to the authoritywhichmade the order appealed against :
Providedthatif the appellant at thetimeof submitting such appeal is not serving underthat authority,shallsubmittheappealtothe authorityunderwhomhe isservingandthat authorityshallforwarditforthwithtothe appropriate authority. If the appellant is not in service, he shall submit his appeal direct to the appellateauthority, a copy of theappealwillalsobeforwardedbytheappellanttothe authority which made the order appealed against.
Rule 50 - Withholding of appeals
(1) The authoritywhich made the order appealed against, may withhold theappeal if -
(i) it is an appeal against anorder for which no appeal lies under rule 45; or
(ii)it is not in conformity with the provisions of rule 48; or
(iii)itisnot submittedwithintheperiod specifiedin rule 47and no sufficientcause is shown for the delay ; or
(iv)itis repetition of anyappealalready decidedandno new facts ofcircumstancesare adduced;
Providedthat an appeal withheldonthe groundonly that it was not inconformitywith provisionsof rule 48, shall be returned tothe appellantandif re-submittedwithin30days thereof,aftercompliancewiththesaidprovisions, shall not be withheld.
(2)Where an appeal is withheld on anygrounds undersub-rule(1)of this rule,theappellant shallbe informed of the facts andthereasons therefore.
Rule 51 - Transmission of appeals
Theauthoritywhich made the order appealed against, shall on receiptofsuch appeal, forward the sametogetherwith the relevant records, to the appellateauthority withoutany avoidable delay and withoutwaiting forany directions from the appellateauthority unless the appeal is withheld under rule 50.
Rule 52 - Consideration of appeals
(1) In the case ofan appealagainstanorderofsuspension,the appellate authority shall consider whether in thelightofthe provisions of rule 31andhaving regardtothe circumstances ofthecase,the orderofsuspensionis justifiedornotandconfirm or revoke the order accordingly.
(2)In the case of an appeal againsttheorderimposingany of the penalties specified inrule 34,or enhancing any penalty imposedunderthesaidrules,theappellateauthorityshall consider -
(a) Whetherthe procedure laiddowninthese rules has been complied with and if not,whether such non-compliance has resulted in the violation of any provisions of the Constitution of India orin the failure of justice;
(b)Whetherthe findings ofthedisciplinary authorityarewarrantedon thebasisofthe evidence on the record ; and
(c)whether the penalty or the enhanced penalty imposed is excessive, or adequate, orinadequate and passes orders;
(i)Confirming, enhancing, reducing orsettingaside the penalty; or
(ii)remitting the case to the authoritywhich imposed or enhanced the penalty, or to anyotherauthority with such direction as it may deemfit in the circumstances of the case :
Provided that -
(i)If such enhanced penalty which the appellate authorityproposestoimposeisoneofthepenalties specified in clauses (i) to (v) of rule 34 and an inquiry under rule 36 hasnotalready beenheld in the case, theappellateauthority shall,subjectto the provisionsofrule39, itselfhold such an inquiry or direct thatsuch inquirybe held in accordance with rule36and thereafter on a consideration of theproceedings ofsuch inquiry make such orders as it maydeem fit; and
(ii)If the enhanced penalty which the appellate authorityproposesto imposeisone ofthepenalties specified in clause (i) to (v) ofrule 34 and an inquiry under rule 36 has alreadybeen held in the case, the appellate authorityshallmake such orders as it may deem fit.
Rule 53 - Implementation of orders in appeal
Theauthoritywhich made the order appealedagainstshallgiveeffect to the orders passedbytheappellate authority.
Rule 54 - Revision
1.Anyauthoritysuperiortotheauthority making the order may either on hisown motionor otherwise call for the records ofany inquiryandrevise any order madeundertheserules, and may -
(a)confirm, modify or set aside the order; or
(b)confirm, reduce, enhance or set asidethe penaltyimposedbythe order,orimposeanypenalty where no penalty has been imposed; or
(c)remit the case to the authority which made theorderor to any otherauthoritydirectingsuch authority to make such further enquiry as itmayconsider proper in the circumstances ofthe case; or
(d)passsuchorders as itmaydeemfit, within six months of the date of communication of the order propose to be revised;
Provided that no order imposing or enhancingany penalty shallbemadebyanyrevisioningauthority unless the Government servant concernedhas been given a reasonable opportunity of makinga representation against the penalty proposed and whereitisproposedtoimposeanyofthe penalties specified in clauses (i) to (v) of rule34orto enhance the penaltyimposedbythe ordersoughttoberevisedtoanyofthe penalties specified in those clauses, and if any, inquiryunderrule-36ofCentralIndustrial SecurityForce Rules, 1969 has not alreadybeenheld in the case no such penalty shall be imposed exceptafter an enquiry in the manner laiddown in the aforesaid rules.
2.Theprovisionsof rule52relatingto appealsshallapply so far as maybetosuch orders in revision.
3.OrdersandinstructionsissuedbytheCentralGovernment on this subject from timetotimeshallbe applicablemutatismutandisas applicableunderCentralCivilServices Classification Control and Appeal) Rules 1965.
Rule 55 - Dies-non
Notwithstanding anything containedintheserulesadisciplinaryauthoritywhile passingfinal order to impose a penalty uponan enrolledmemberof the Forceoranappellate authority orarevisingauthoritymay, on reinstatement of an enrolled member of theForce inservice after setting aside a penalty of dismissal, removalorcompulsoryretirementwithoutexonerating such enrolled member ofthe Forceof the charges which resulted inanyof thesepenalties, after giving an opportunityto theenrolledmember of the Forceconcernedtoshow cause against such action and for reasons toberecordedinwriting, orderthattheintervening period between the date of dismissal, removal or compulsory retirement as the casemay beand the date of reinstatement betreatedas dies-non for purposes of service.
Rule 56 - Petitions
(1) Any enrolled member of the Force maysubmit a petition in respect ofanymatterconnected with his official position in whichhis personalinterestsare involvedotherthana mattercovered by the rule relatingtoappeals and revision.
(2)Eachsuch enrolled memberoftheForce shallsubmit a petition solely relatingtohis individual case.
(3)Jointpetitions ofanykindwhatsoevershallnot be taken notice of andsubmissionof suchpetitions shall be deemed to be anactof indiscipline
(4) Such petition shall be in proper form and not couched in improper language and be submitted to the immediate superior even if the petitioner be on leave at the time. A petition submitted in contravention of this rule shall be summarily rejected.
(5) Such immediate superior shall submit it through his immediate superior to the authority competent to dispose it of. An officer superior to him may withhold any such petition if it is couched in intemperate language or is otherwise improperly written, in which case he shall inform the petitioner in writing that his petition has been withheld.
(6)In any subsequent petition to the competent authority,the petitioner shall alsoattachtohis petition a copy of the order on hisprevious petition as communicated to him by hisimmediatesuperior officer.
Rule 57 - Other methods forbidden
Thesupervisoryofficersand enrolled members of theForceare forbidden from resorting to any method other thanthat prescribed in these rules for pressing theirclaimsorforobtainingredressofallegedgrievances or reversal, any such attempt on their part shall be deemed to be an act of indiscipline.
Rule 58 - Other methods forbidden
(1) The appointing authoritymay duringtheperiod ofprobationorthereafter permit any member of the Force to resign from hispostwitheffectfromsuchdateasmaybespecified in the order accepting his resignation:
Providedthatbeforeacceptanceofresignation of any such member of the force up totheperiodoftenyearsfromthedateofappointment in the Force, for reasons otherthanacceptingajobelsewhereforwhichcadreclearancehas been given, shall berequiredto refundthe cost of training imparted tohimin the Force or a sum equal to three months' pay and allowances, whichever is more.
(2) The resignation of a member oftheForce whoisunder trial or whoseconductisunder inquiry may be refused.
Rule 59 - Discharge Certificate
Whenevera member of the Forceceasesto be suchmember for anyreasonwhatsoever,a discharge certificate in theForm specified in Appendix "D" annexed to theserules shall be given to him.
Rule 60 - Surrender of certificate of appointment
Every enrolledmemberceasing to be a memberofthe Forceshall surrender to his immediatesuperior hiscertificateofappointmentwhichshall thereupon be submitted to the Commandant.
Rule 61 - Free Accommodation
(1)Normally,theundertakingwherethe Forcehasbeendeputedshallprovideaccommodationinthetownship itselftoall Supervisory Officers andatthe rateof45percentmarriedand55percent unmarried or as amended by the Central Government from time to time, to the enrolled members of the Force.
(2) The accommodation to the enrolled member of the Force shall be rent-free but where such facilities are not available, they shall get house rent allowance in lieu thereof as applicable to other Central Government Employees.
(3) The members of the Force shall also get compensation in lieu of married accommodation in terms of orders issued by the Government from time to time in this respect. The compensation shall be payable to that percentage of members of the Force who are entitled to get married accommodation minus those members of the Force who are allotted accommodation by the Undertaking.
(4)SupervisoryOfficer of the Forcewhois providedaccommodationbythepublicsectorundertakingsorallottedaccommodationby Directorate of Estate will pay licence fee to the publicsectorundertakingsattheratesasapplicable to their own employees or thelicence feeasfixedbytheCentralGovernmentfor general pool accommodation from time to time with reference to plinth area of accommodation asthe case may be.
Rule 62 - Medical facilities
Members of the Forceshallbeentitledto the facilitiesoftheCentral GovernmentHealthScheme andinplaceswhere these facilities are not available, they shall be governedby the Central Civil Services(Medical Attendant) Rules, 1944;
Providedthat when they are deployed ina Public Sector Undertaking;
(i)inacasewheresuchpublicsector undertakingprovides medical facilitiestoits employees,suchmembers of the Forceshallbe entitled to avail such facilities free of charge; and
(ii)if such facilities are not available, the authorised medical attendant for such membersof theForce will be as provided inCentralCivilServices (Medical Attendant) Rules, 1944.
Rule 63 - Leave
The
Supervisory Officers and members of the Force shall be governed by the Leave
Rules as are applicable to employees of theCentral Government, excepting that they shall be
entitled to fifteen days Casual Leave in a calendar year in respect of field
formation where no specific working hours in a day or working weeks are prescribed
and entitlement of Casual leave in static formation like Force Head Quarters,
Sector Head Quarters etc of Central Industrial Security Force will be 8 days in
a calendar year asper
MinistryofHomeAffair'sOfficeMemorandumNo.27012/6/98/PF.I/419dated7.7.2000. The Regularisation of leave will be subject
to orders issued by Central Government from time to time.
Rule 64 - Recall from Leave
The
Supervisory officersand
enrolledmemberof the Force onleavemaybe
recalledat any time by the
authorityempowered to sanction
their leave. They may be directedtoreportforduty either atHeadquartersorto proceeddirecttotheplaceatwhichtheir services are required.
In
either case, travelling allowance asontour(by shortest route) for the returnjourney maybe allowed to them at the discretion ofthe authority recalling them from
leave.
Rule 65 - Free Leave Pass and Leave Travel Concession
(1) Free Leave Pass and leave travel concession
shallbe admissible to the members
of the Force ofand belowtherank of HeadConstableasfollows, namely -
(a)when
living away from theirfamiliesonefreeleave pass every year fromplacesof
dutytothe railway stations nearesttotheir
townsandreturn, subject to theleavetravelconcessionfor their
families in a blockperiod of two
years.
(b)Incase they are livingwiththeir families and propose to avail themselves of leavetravelconcession for their families also,they shallbeentitled to
free leavepasstohome towns and return for self only once in twoyears andleavetravel concession
(onceinablock period
of two years) to the family membersunderthenormalleavetravelconcessionRules applicable to other Central
Government Employees.
(c)Freeleave pass whenproceedingonmedicalleave of duration of not lessthanonemonth,
provided it is certified that theillness
orinjury which necessitated
medicalleavewasnotbrought
about by any fault or negligenceon the part of the member of the Force.
(d)Leave
Travel Concession once infouryearsfor self and family members totravelto any place in India as admissible to other Central Government
Employees;
Providedthat the leave travelconcession admissibleunder clause (d) shall be in lieuof thefree leave pass admissible under clause(a) andthe leave travel concession andfreeleavepass admissible under clause (b).
(2)Supervisoryofficers and membersofthe Forceofand above the rank ofAssistantSub-Inspector,shall be eligible to thesameleave travelconcessionto whichtheotherCentralGovernment Employees are eligible pursuant to the orders of
the Central Government in this behalf.
Rule 66 - Power to grant monetary rewards
Monetaryrewards may be granted to the enrolled members of theForce,non-gazettedGovernmentServants, employeesandworkersoftheindustrialundertakingsandmembersofthepublicinaccordance with rule 67, 68 and 69.
Rule 67 - Eligibility for monetary rewards
(1)Monetaryrewardsmaybegranted onlytotheenrolled members of the Force for -
(a)doing outstanding work, requiringspecial courage, skill or initiative such as -
(i)the arrest of a criminal; or
(ii)Securingofinformationleadingtothe detectionof a crime or matters connectedtherewith; or
(iii) making exceptionally good enquiries; or
(iv)an encounter with a criminal, in connectionwith the protection, safeguard and security of an industrial undertaking;
(b)doing work of a less outstanding nature butrequiringprompt,honestandintelligent observance of, and obedience to order so as to be ofmaterialassistanceintheprotection,safeguardandsecurityofanindustrial undertaking;
(c)doing extra hard work inconnectionwiththeprotection,safeguardandsecurityof industrial undertaking;
(d)smartness,marksmanship,diligence, praiseworthyattentiontotheemployeesandworkers of the industrial undertakings or tothe persons who visit the industrial undertakingsonbusinessorforany otherpurposewhich,in exceptionalcases, is calculated to promotetheefficiency of the Force.
(2)(i) Monetary rewards in the form ofbooksor articlesofvalue notexceedingonethousandrupeesforeach prize may alsobegrantedto enrolledmembersof the Forceforproficiency duringtraining for every batch of traineeswho passoutof the TrainingCollegeorTraining Centre, as specified below :-
I Prize-for all round efficiency, First Rank;
IIPrize-for allroundefficiency,second rank;
IIIPrize - for proficiency in parade,musketry andsports.
(ii)Monetary rewards shall not begrantedon request. Explanation- For the removal of doubts,itisherebydeclared that it shall be permissible tograntalsothe III Prize to a traineewhohas been granted I Prize or II Prize.
(3)Monetary rewards may be granted to the non-gazettedGovernmentservants,employeesandworkersof the industrial undertakingsandthe membersofthepublicasanincentiveforassisting the Force.
(i)in the detection of any serious case, or
(ii)in the apprehension of an offender, or
(iii)in resisting a criminal or ananti-socialelements; or
(iv)for any other purpose. which isforthebetter protection, safeguard and security ofthe industrial undertakings.
Explanation- For the removal of doubts, itisherebydeclared that for the purposesofthisrule -
(i)'general good work' shall not be agroundfor the grant of monetary rewards.
(ii)monetary rewards shall not begrantedon request.
Rule 68 - Authorities competent to grant monetary rewards
(1)TheSupervisory officersareempowered, subject to the budget provisions of the Force, tooffer and grant monetary rewards under
rule 67 asprescribedbythe Central Govt.fromtimeto time.
(2) A
monetary reward under rule 67 shall be granted by an
Officer competent to grant the same if he is of opinion, for reasons to be
recorded in writing that the person
fulfils the
requirements in this behalf.
(3)Theorder granting suchmonetaryrewardshallindicatethereasonsthereforandtheprovisions
of rule 67 under which it is granted.
Rule 69 - Monetary rewards offered by the Managing Director of the Industrial undertakings
Asupervisory officeroftheForce maypermitanenrolled memberofthe Force to acceptmonetaryreward offeredby a Managing Director of anindustrialundertakingfor a purpose relatable tosub-rule (1) of rule 67.
Rule 70 - Benefits on account of risk of "office"/special Risk of "office"
In these matters,supervisory officerand enrolled members of the Force shall begovernedby CentralCivilServices(Extra OrdinaryPension) Rules as amended from timetotime.
Rule 71 - Superannuation etc
The
rulesrelatingtosuperannuationpension,providentfundandgratuityofsupervisory officersandenrolled membersof the Force shall be the same asthose applicable to the Central Government employees.
Rule 72 - Transfer
(1)Transfers ofmembersoftheForce may be made as under -
(i)of supervisory officers, bytheDirector General ;
(ii)of and up to the rank of Head Constable from one unit to another unit under the administrative control of one Commandant, by the Commandant ;
(iii)of the enrolled members of the Forcefrom one Unit to another within the Zone by the Deputy Inspector General of that Zone ; and
(iv)of the enrolled members of the Forcefrom one unit to another unit within the sector by the Inspector General of that sector.
(v)of the enrolled members of the Forcefrom oneunit or zone to another in the entireForce bytheDeputyInspectorGeneralofForceHeadquarters.
(2)Anauthority superiortotheauthority competentto sub-rule (1) may make anorderoftransfer,annul,change or modify any orderof transfer made under sub-rule (1).
Rule 73 - Payment of charges
The charges payablebyan industrialundertaking in public sector forthedeputationof supervisory officers andenrolledmembers of the Force under section 14 of theAct tosuchundertaking,shall bepaidforsuch periodsandinsuchmannerastheCentral Government may from time to time specify.
Explanation-For the purposesofthisrule, chargespayable by an industrial undertakingin public sector shall include -
(i)thepayandallowances,leavesalary contribution and pension contribution payableto officersandenrolledmembersoftheForce deputed to that undertaking;
(ii)the cost of clothing, equipment, transport, armsandammunitionsandotheraccoutrementsnecessaryfortheproperdischargeofthe functions of such officers and members; and
(iii)the amount which theCentralGovernmentmay, having regard to the number of officersandmembersof the Force deputed to theindustrialundertaking, determine from time to time, asthe proportionateamountbeingpayablebythe industrialundertakingtowardsthecost of maintainingtheHeadquartersandotherestablishments of the Force.
Rule 74 - Non-applicability of rules in certain cases
(1) Theserules shall not apply to enrolledmembers oftheForcetaken on contractwhoshallbe governed by the conditions of their contract.
(2)Nothing in these rules shall be deemedtopreclude the President -
(a)from making any appointmenttothe Force which he may consider necessary, or
(b)from passing any order orrevising,whether on his own motion or otherwise, any orderpassedundertheserulesbyanysubordinate authority.
Rule 75 - Award of Director General''s Commendation Disc
(1)DirectorGeneral's Commendation Diskwillbe awarded to the CISF personnel on the following grounds :
(a)for conspicuous achievement during operations.
(b)commendable workinnatural calamities.
(c)outstanding achievement in sports forthecountry at international level.
(d)Any innovation which may bringsignificantimprovement in the working of the Force.
(e)Clean and good record of service for 15 years.
(f)Accident free driving and good record for a continuous period of 20 years.
(g)for being graded "AX" in Army courses of 12weeks duration or more.
(h)foranyconspicuous efforts in processingof difficult cases.
(i)foranyconspicuousworkwhichmaybeconsidered of a commendable nature.
(j)Recovery of property worth more than Rs. 20,000/- in caseofConstable to Head Constableand more than Rs. 50,000/-
(k)Incaseof Assistant-Sub-Inspectors to Inspectors andmorethan Rs. 1,00,000/- in case of Gazetted Officer's.The property so recovered should not be of unclaimed nature.
(l)Outstandingactionindealingwith terrorists/Criminalswhichdoesnotcallfor award of a gallantry medal.
(m)standing first in Force levelprofessionalcourses or standing 1st, 2nd or 3rd in anInter-Force level training course.
(n)Personnel who have been promoted out of turn owing to some outstanding work can also be considered.
(2)Detailed instructions on this subject shall be issued separately from time to time with the approval of Central Government.
Rule 76 - Ministerial staff
Ministerial staff(Civilian) shall be governed by the recruitment rules framed under article 309 of the Constitution of India.
Rule 77 - Other conditions of service
The members of the Force shall, in respect of all matters regarding conditions of service for which no provision or insufficient provisions have been made in these rules be governed by the rules and orders for the time being applicable to officers holding Corresponding posts in the Central Government in respect of such matters.
CHAPTER - XIII
MAGISTERIAL POWER FOR THE PURPOSE OF INQUIRING INTO OR TRYING ANY OFFENCE COMMITTED BY AN ENROLLED MEMBER OF THE FORCE AND THE OFFENCES
PUNISHABLE UNDER THIS ACT.
Rule 78 - Magisterial Powers
For the purpose of inquiring into or trying offences specified in sub-section (1) of Section 18 of the Act and in respect ofall matters incidental to such inquiry or trial of such offences, every officer holding rank of Commandant or equivalent as mentioned in sub-clause (iv) of clause (a) of sub-rule (1) of rule 4, shall exercise the powers of a Magistrate of the first class.
Rule 79 - Judicial trials
All trials in relation to any of the offences specified in sub-section (1) of section 18 of the Act shall be held in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
Rule 80 - Magistrate
For the purpose of this Chapter ?Magistrate' means the Commandant on whom the powers of a Magistrate have been conferred undersub-section 2(A) of section 18 of the Act.
Rule 81 - Language to be used in the proceedings before Commandant
Either English or Hindi may be used by the Commandant while exercising the powers of a Magistrate for inquiring into or trying any offence under sub-section (1) of section 18 of the Act.
Rule 82 - Magistrate not to try enrolled members of the Force
where an enrolled member of the Force is brought before the Magistrate and charged with an offence referred to in sub-section (1) of Section 18 of the Act, for which he is liable to be tried, such Magistrate shall notproceedtoinquire into or try the offence unless -
(a) heis of the opinion forreasonstobe recordedinwriting that he shouldsoproceed withoutbeingmovedtheretobytheUnit Commander; or
(b) he is moved thereto by the Unit Commander.
Rule 83 - Magistrate to give notice
Before proceeding under clause (a) of rule 82, the Magistrate shall give written notice to the Unit Commander and until the expiry of a period of 21 days from the date of service of such notice he shall not:
(a) convict or acquit the accused under Section 252,section255(1) and (2),section256or section257 of the Code ofCriminalprocedure,1973 or hear him in defence under section 254ofthe said Code; or
(b) frameinwriting achargeagainsttheaccusedunder section 238 orsection 246(1)ofthe said Code; or
(c) make an order committing the accused for trial by the Court of Sessions under section 193 of the said Code; or
(d) transferthecase for enquiryortrialunder section 192 of the said Code.
Rule 84 - Magistrate to be informed of the trial of the accused
(1) When an accused person has been delivered by the Magistrate, the Unit Commander shall, as soon as may, inform the Magistrate whether the accused has been tried by him or any other official proceedings have been taken, ordered to be taken against the accused or not.
(2) When the Magistrate has been informed under sub- rule (1) that the accused has not been tried or other official proceedings have not been taken orordered to be taken againsthim, the Magistrate shall report the circumstances to theCentral Government for taking appropriate steps to ensure that the accused person is dealt with in accordance with law.
Rule 85 - Unit Commander to deliver the accused to the Magistrate
Where an enrolled member of the Force has committed an offence which in the opinion of the Unit Commander is to be tried by a Magistrate in accordance with the law in Force, the Unit Commander shall after giving writtennotice to the Magistrate concerned, deliver such person under proper escort to the Magistrate.
Rule 86 - Manner of imprisonment
Any enrolled member of the Force sentenced to imprisonment under the Act shall be confined in the nearest jail: Providedthatifthesentenceof imprisonment is for one month or less or where the Unit Commander is satisfied that due to the difficultyof transport and escort ofthe enrolledmember of the force sentencedto imprisonment to the nearest jail it isso desirable such person shall be confined in the Quarter Guard of the Force.
Rule 87 - Force Custody
(1) Where a Unit Commander is of the opinion that any enrolled member of the Forcehas committed an offence and should be tried by a Commandantwhois vested withpowersof Magistrate under section 18(2A) it shall be lawful for such Commandant, with thepriorapproval of the Deputy Inspector General to order the enrolled member of the Force to be taken into Force custody and kept either in close arrest or open arrest as he may deem fit from time to time depending on the gravity of the charge and the attending circumstances;
Provided that no enrolled member of the Force shall be detained in Force custody for a period of more than eight days without a trial having been convened by a Commandant/Magistrate or without a punishment having been awarded to him under section 8 of the Act;
(2) In each unit or group, there shall beone ormoreplacesofconfinement, as may be considered necessary by the Deputy Inspector Generalwhere arrested enrolled memberofthe Forceshallbe confined. Such places shall be under the supervision of the Commandant, Deputy Commandant or Assistant Commandant of the Unit, who shall be responsible for their upkeep.
(3) Ifany enrolled member oftheForcein ForceCustody escapes or is rescued, themember of the Force from whose custody he escaped or was rescued shall report the escape or rescue to the officer-in-chargeofPolice Station and may immediatelypursueandarrest suchenrolled member in any place in India.
Rule 88 - Promulgation of sentence
The sentence awarded by a Magistrate shall be promulgated at the earliest opportunity after it has been pronounced and shall subject to the provisions of the Act be carried out without delay after promulgation.
Rule 89 - Transmission of proceedings
(1) The proceeding of every Magistrate without delay be forwarded to the Deputy Inspector General within whose command the trial was held for his information.
Rule 90 - Appeals
Any person convicted on a trial held by a Magistrate under this Chapter may appeal to the Court of session. The provisions of the Code of Criminal Procedure, 1973 relating to appeals in that code shall apply to appeals under this rule.
Rule 91 - Technical consultancy services to the industrial establishments in the private sector
(a) The Central Industrial Security Force may provide technical consultancy services toindustrial establishments in the Central/State Government Departments, Public/Joint/Privatesector, autonomousbodies or any otherinstitution approved by the Government, which may cover:
(i) Study of industrial security andfire protection related problemsandsuggesting appropriate solutions.
(ii) Imparting of knowledge and skills in the field of industrial security and fire protection to the consulter (hereinafter called client) or his employees through training programmes which may be conducted at Central Industrial Security Force Training Institutions or at the client's industrial establishments(s) or at any other place as deemed appropriate by the Director General.
(iii) To conduct training and certification courses in the fields of Industrial Safety, SecurityandFireprotectionandcharge prescribed fees for the same.The feesfor various such courses will be determined by the Director General.
(iv) Planning, designing and effecting industrial securityand fire protectionschemesmeasures, controls and systems for the client.
(v) Providing feed back after monitoring the functioning of suggested measures, controls and systems.
(vi) Planning and designing of communication network and preparation of related operating instructions.
(vii) Drafting industrial security andfire protection related instructions, standing orders and standing operating procedures.
(viii) Preparingdisastermanagementand contingency plan and supervising or conducting rehearsals of such plans.
(ix) Conductingaudits in thefieldof industrial security, industrial safety or fire safety.
(x) Undertaking researchanddevelopment activities independently or in collaboration with the clients and or other reputed agencies inthe fieldof industrial security, industrialsafety and fire protection and related matters.
(b) On receipt of request from the Managing Director of any Industrial Establishment in the Private Sector or any other person authorized by him; in this behalf, subject to any general directions issued by the Central Government, the Director Generalifdeemsitappropriate, after examination of the request, may forward terms and conditions of providing Technical Consultancy services to the Managing Director or any other person authorized by him and may ask to remit prescribed fee for technical consultancy services.
(c) On remittance of prescribed fees from the Managing Director of an industrial establishment in the Private Sector, the Director General may nominate any officers of the force or constitute a team of Officers for conducting technical study of the concerned industrial establishment relating to any matter enumerated in sub rule (i) to (x) of rule- 91(a).
(d) The Director General may, if deems it appropriate and if the nature of consultancy sought so requires, also associate any person(s) expert in the field, expertise whereof is not available with the officers of the force, with the team constituted under sub rule (c).
(e) The expert person associated with the team under provisions of sub rule (d) shall be paid such amount as deemed appropriate considering his/he expertise, contribution in terms of period of time, services and state of availability of such experts in the given circumstances.
(f) Theofficer so nominated or theteamso constitutedby the Director General under sub rule (c) shall prepare a report after conducting such study as they may deem appropriate and submit the same to the Director General.After due approval of Director General of the Force, the consultancy report, so prepared will be communicatedtothe ManagingDirectorof concerned industrial establishment in the Private Sector or to the person authorized by him in this behalf.
(g) The consultancy report so prepared for client(s) establishment shall be the property of that establishment and such reports shall not be used by any member of the Force or by such person associated with the consultancy board for any personal benefit. Such reports, however, can be used for academic purposes.
(h)Consultancy fee -The consultancy fees shallbe chargedfromthe Industrial Establishments in the Private Sector as prescribed fromtimeto time.
Rule 92 - Repeal and Saving
(1)The CentralIndustrial Security Force Rules, 1969 are hereby repealed.
(2)Notwithstanding such repeal anythingdone orany action taken under the said rules,shall bedeemed to have been done or takenunderthe corresponding provisions of these rules.
In consideration of the President of Indiahaving agreed to appoint me as
*an Inspector|
*a Sub-Inspector|
*an Asstt.sub-Inspector|in the Central Industrial
*a Head Constable|Security Force.
*a Constable|
|
I...............................Son of.......................hereby agree and undertake to :
(i) serve in the Central Industrial Security force for a period of not lessthan ten yearswitheffect from the date of my appointment in the force;
(ii) Carry out all duties entrusted to me and all lawful orders given to me by my superiors in rank
(iii refund all the cost of training imparted to me in theForce or a sum equal to threemonths 'payand allowances whicheverismore intheeventof tenderingmyresignationfromtheForcefor reasonsother than accepting a jobelsewherefor whichcadre clearance has beengiven, duringthe period of my initial training or thereafter during theperiod of ten years from the date ofjoining Central Industrial Security Force; and
(iv)if,after ten years I desire toresign,Iwill submitmyrequestinwritingandwillnot withdraw from my duties until I am duly relieved.
NOTE: The terms pay and allowance used inclause (iii)above means the usual pay and allowancesreceivedbyhimduringtheperiodofthreemonthsimmediately prior to the date of his resignation.
*Strike out whichever is not applicable.
Witness
Signature:--------------- .Signature of the employees
"I .................................do solemnly affirm that I will befaithful and bear true allegiance to India andtothe Constitution of India as by law established and that I will carry outthedutiesofmyofficeloyally,honestlyandwith Impartiality."
The candidate must make the statement required below, prior to his medical examination and must sign thedeclaration appended thereto. His attention is specially directed to the warning contained in the note below:-
1.(a)Have you ever had a small pox, intermittent or any other fever, Enlargementor suppuration of glands, spittingofblood as heart disease, fainting ,attach rheumatic ?
(b) Any other disease or accident requiring confinement to bed and prolonged medical or surgical treatment.
2.When you were last vaccinated ?
3. Have you or any other relative been affected with consumption, scrofulous, gout asthma, fits, epilepsy or insanity ?
4.have you suffered from any form of nervousness duetooverwork or any other cause ?
5. Have you been examined and declared unfit for Government service by medical officer/medical Board within the last three years.
I declare that all the above answers are to the best of my belief true and correct. I also solemnly affirm that I have not receiveddisability /certificate/pensionon accountofaany disease or other condition.
NOTE:- The candidate will be held responsible for accuracy of theabovestatement, by willfullysuppressingany Informationwillincur the risk orlosingthe appointment and if appointed of forfeiting all the superannuating allowances or gratuity.
PART- 3
It is certified that I/We have examined ......................S/o.......................acandidatefor employmentin the Central Industrial Security Force and cannot discoverthat he has any disease, constitutionalafflictionor bodily infirmityexcluding knock-knee, flat feet and ............
I/We considered /do not considered this a disqualification for employment in Central industrial Security Force. His age according to his own statement is
This may be filled up after examining the candidate for knock knee, flat feet, bow legs, squint eyes, inability close the left eye, inability to flax the fingers properly, varicose veins or any other obvious disabilities which are likely to affect his functioning as a member of the Central Industrial Security Force.
5. Condition of teeth ...............Dental points ...........
6.Respiratory System
(i) Appearance of Chest
(ii) Breathing Rate
(iii) Any abnormality on stethescopic examination.
7. (A) Circulatory System
Heart: Any organic lesion ....................
Rate : Standing ..............................
After hopping 25 times ...................
2 Minutes after hopping...................
(B) Blood pressure
Systolic .......................
Diastolic.......................
8. Abdomen
(a)Tenderness-------------------
(b) Palpability
(i) Liver:
(ii) Spleen :
(iii) Kidneys:
(c) Hemorrhoids :
(d) Fissure/fistula :
(e) Hernia/Hydrocele
(f)Any other :
9. Locomotor System :
(i) Condition of spine
(ii) condition of limb joints :
10.Nervous System
(i) Evidence of nervous instability :
(ii)Tremors :
(iii) History of Mental Disease :
11.Report of Radiological examination of chest if done :
12. Is there anything in the health of candidate likely to render him unfit for the efficient discharge of his duties on the service for which he is a candidate ?
13.State the service for which the candidate has beenexamined (GD/Follower/Trades/Communication/Medical etc)
14. small pox vaccination marks (Give number & site)
15.Mild defects noted, not sufficient for rejection
1.Exemplary(i) Minimum 10 years service with the Central Industrial Security Force.
(ii) No. punishment under the Central Industrial Security Force Act or in civil/criminal Court.
(iii) Quality of ACR.
2.Very good(i) Minimum 7 years service with the Central Industrial Security Force.
(ii) No. punishment under section 8(i) and 18 of Central Industrial SecurityForceAct or in the Civil/Criminal Court.
(iii) Quality of ACR.
3.Good(i) At last 3 year's service with the Central Industrial Security Forcewithout any major or minor punishment under Central Industrial Security Force Act and Rules.
(ii) No. reduction in rank or grade for an offence under the CentralIndustrial Security ForceAct and Rules.
(iii) Quality of ACR.
4.Fair(i) Not more than one reduction in rank or grade for offence under the Central Industrial Security ForceAct and Rules.
5. Bad(i) Cases not covered under item (1) to (4) above.
(ii) More than two reduction in rankorgradeforoffenceunder Central Industrial Security ForceAct and Rules.
Schedule I - SCHEDULE - I
SCHEDULE - I
SCHEDULE OF DISCIPLINARY AUTHORITIES AND THEIR POWERS TO PASS DIFFERENT DISCIPLINARY ORDERS IN RESPECT OF DIFFERENT
CLASSES AND GRADES AND RANKS OF MEMBERS OF THEFORCE
DISCIPLINARY AUTHORITIES AND EXTENT OF THEIR POWER
SL
NO
NATURE OF DISCIPLINARY ORDER
DIRECTOR GENERAL
SECTOR INSPECTOR GENERAL/
INSPECTOR GENERAL (HQrs)
DY.INSP. GENERAL
COMDT.
DY.
COMDT
ASSTT.
COMDT.
1.
Suspension
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
2.
Dismissal
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force Excepting Inspector
--
--
3.
Removal
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force Excepting Inspector
--
--
4.
Compulsory Retirement
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force Excepting Inspector
--
--
5.
Reduction of pay grade or rank
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force Excepting Inspector
--
--
6.
Reduction to a lower stage in the time scale of pay for a period of not exceeding three years, with out cumulative
effectand not adversely
affecting his pension
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
7.
Withholding of promotion
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
8.
Withholding of increment
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
9.
Removal from an office of distinction or deprivation
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
10
Fine to an amount not exceeding seven days pay
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
11
censure
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
All enrolled member of the force
12
Punishment, drill, extra guard, fatigue, or other duty.