HARYANA STATE INDUSTRIAL SECURITY FORCE ACT, 2003 THE HARYANA STATE
INDUSTRIAL SECURITY FORCE ACT, 2003 [Act No. 21 of 2003] [7th October, 2003] An Act to provide for
the constitution and regulation of Force of the State for protection and
security of Government treasuries, institutions and also to provide protection
and security to autonomous bodies, establishments, industrial undertakings and
the employees of all such industrial undertakings and for matters connected
therewith or incidental thereto. Be
it enacted by the Legislature of the State of Haryana in the Fifty-fourth Year
of the Republic of India as follows :- (1) This Act may be called the Haryana State Industrial
Security Force Act, 2003. (2) It extends to the whole of the State of Haryana. (3) It shall come into force on such date as the State
Government may, by notification, appoint. In
this Act, unless the context otherwise requires, - (a) "autonomous body" means an institution
wholly or partially run on the funds or grants of or controlled by the
Government; (b) "Director General" means the Director
General of the Force appointed under section 4; (c) "enrolled members of the Force" means any
upper subordinate, lower subordinate or any other member of the Force of the
rank not lower than that of a lower subordinate; (d) "establishment" means an office, rest
house or such other institutions run by the Government; (e) "Force" means the State Industrial
Security Force constituted under section 3; (f) "Force custody" means the arrest or
confinement of a person by the member of the Force in accordance with the rules
made under this Act; (g) "Government" means the Government of
State of Haryana; (h) "industrial undertaking" means any
undertaking pertaining to a scheduled industry and includes as undertaking
engaged in any other industry, or in any trade, business or service which may
be regulated by law made by the Parliament or Legislative Assembly of the
State. (i) "industrial undertaking in public sector"
means an industrial undertaking owned, controlled or managed by the Government
and includes, - (I) a Government company as defined in section 617 of
the Companies Act (Central Act 1 of 1956); (II) a Corporation established and controlled by the
Government; (j) "institution" means any organization
meant for advancement of trade, business or any other social or an economic
services and includes banks, universities and other educational institutions; (k) "Managing Director" in relation to an
industrial undertaking means the person, who exercises control over the affairs
of that undertaking and includes a general manager, chief executive officer or
called by any other name; (l) "member of the Force" means a person
appointed as such to the Force under this Act; (m) "prescribed" means prescribed by rules
made under this Act; (n) "scheduled industry" means any industry
engaged in the manufacture or production of the articles mentioned in the First
Schedule to the Industries Development and Regulation Act, 1951 (Central Act 65
of 1951); (o) "State" means the State of Haryana; (p) "strategic and vital installations" means
all such vulnerable points or areas as specified by the Government from time to
time, and declared essential for the maintenance of the life of the community
and which require special protection against sabotage; (q) "upper subordinate" means a person
appointed to the Force as an Inspector, a Sub-Inspector or an Assistant
Sub-Inspector; (r) "supervisory officer" means any of the
officers appointed under section 4 and includes any other officer appointed by
the Government as supervisory officer of the Force; (s) "lower subordinate" means a person
appointed to the Force as a Head Constable, or Constable. (1) The Government shall, by notification in the
Official Gazette, constitute the Force to be called "The Haryana State
Industrial Security Force". (2) The Force shall consist of such number of
supervisory officers, upper subordinates, lower subordinates and other enrolled
members and shall receive such pay and other remuneration as may be prescribed. (3) The Headquarters of the Force shall be at Panchkula
or at such other place as may be specified by the Government from time to time. (1) The Government may appoint a person to be the
Director General of the Force and may appoint other persons to be Inspectors General,
Deputy Inspectors General, Commandants, Deputy Commandants and Assistant
Commandants of the Force as Supervisory Officers. (2) The Director General and every other supervisory
officer so appointed under sub-section (1) shall have and may exercise, such
powers and perform such duties as may be prescribed. The
Director General or such supervisory officer as may be authorised by the
Government shall enroll members of the Force in the manner prescribed. Every
enrolled member under section 5 shall be granted, on his appointment, a
certificate in the form prescribed under the seal of the Director General or
such other supervisory officer as the Director General may specify in this
behalf, and the person holding such certificate shall exercise the powers of an
enrolled member of the Force and perform such duties as may be prescribed. (1) The Director General shall be the principal
administrative officer of the Force subject to the overall control of the
Government. He shall exercise such powers and perform such duties as may be
prescribed. (2) Subject to the provisions of the sub-section (1) the
administration of the Force within such local limits as may be prescribed shall
be carried on by the Inspector General, Deputy Inspector General, Commandant,
Deputy Commandant or Assistant Commandant in accordance with the provisions of
this Act and any rules made thereunder and every supervisory officer placed in
charge of the protection and security of Government treasuries, institutions,
autonomous bodies, industrial undertakings, assets owned and controlled by the
State and Central Governments and strategic and vital installations under their
control shall function on such terms and conditions as may be prescribed and
shall subject to any direction that may be given by the Government or the
Director General in this behalf, discharge his functions under the general
supervision, direction and control of the authority in charge of the
institutions, autonomous bodies or strategic and vital installations and
managing directors of industrial undertakings. It
shall be the duty of every officer and member of the Force, - (i) to obey and execute all orders lawfully issued to
him by his superior authority; (ii) to protect and safeguard the Government treasuries,
institutions, autonomous bodies, industrial undertakings and assets owned and
controlled by the State and Central Governments and strategic and vital
installations under their control; (iii) to protect and safeguard such other industrial
undertakings and installations for the protection and security of which he is deputed
under section 9; (iv) to protect and safeguard the employees of the
industrial undertakings and installations referred to in clauses (ii) and
(iii); " (v) to do any other act conducive to the protection and
security of the institutions, autonomous bodies, industrial undertakings and
assets owned and controlled by the State and Central Governments and strategic
and vital installations referred to in clauses (ii) and (iii) and the employees
referred to in clause (iv). (1) Subject to any general direction of the Government
and the recovery of charges of the Force on such terms and conditions as may be
prescribed, it shall be lawful for the Director General on a request received
in this behalf from the authority in charge of the establishments,
institutions, autonomous bodies, industrial undertakings and assets owned and
controlled by the State and Central Government and" strategic and vital
installations which are not owned or controlled by the State Government or which
are financed, owned or controlled by the Central Government, showing the
necessity thereof, to depute such number of the members of the force as the
Director General may consider necessary for the protection and security thereof
and any installations attached thereto and the members of the Force so deputed
shall be at the charge of such officer or authority as directed by the Director
General or any other officer on his behalf: Provided
that in the case of an establishment, institution, autonomous body, undertaking,
strategic and vital installations controlled or managed by a company in which
the Government is not having interest, Force shall be deputed with the approval
of the Government: Provided
further that if the Director General is of the opinion that the circumstances
necessitating the deputation of the Force have ceased to exist and the Force is
needed somewhere as, he may withdraw the Force. (2) Every member of the Force while discharging his
functions during the period of deputation shall continue to exercise the same
powers and be subject to the same responsibilities, discipline and penalties as
would have been applicable to him under this Act, if he had been discharging
those duties in relation to an establishment, an institution, an autonomous
body, an industrial undertaking and assets owned and controlled by the State
and Central Government or strategic and vital installations of State
Government. (1) Any member of the Force, may without any order from
a Magistrate and without a warrant arrest, - (i) any person, who voluntarily causes hurt to or
attempts voluntarily to cause hurt to, or wrongfully restrains or attempts
wrongfully to restrain or assaults, threatens to assault or uses or threatens
or attempts to use criminal force to any employee, referred to in clause (iv)
of section 8, or to him or any other member of the Force in discharge of his
duty as such employee or in execution of his duty as such member, as the case
may be, or with intent to prevent or to deter him from discharging his duty as
such member or in consequence of anything done or attempted to be done by him
in the lawful discharge of his duty as such member; (ii) any person who has been concerned in, or against
whom a reasonable suspicion exists of his having been concerned in or who is found
taking precautions to conceal his presence under circumstances which afford
reason to believe that he is taking such precautions with a view to committing
cognizable offence which relates to property belonging to, or in the premises
of any establishment, institution, autonomous body, industrial undertaking and
assets owned and controlled by the State and Central Governments or any
strategic and vital installations referred to in clauses (ii) and (iii) of
section 8, or relates to other installations, or to property in the premises of
the other installations, referred to in these clauses or the establishments,
institutions, autonomous bodies, industrial undertakings and assets owned and
controlled by the State and Central Government or strategic and vital
installations for the protection of which he is deputed under section 9; (iii) any person who commits or attempts to commit a
cognizable offence which involves or which is likely to involve danger, to the
life of any person engaged in carrying on any work relating to any
establishment, institution, autonomous body, undertaking, or installations
referred to in clause (ii) of this sub-section. (2) If any person is found trespassing on the premises
of any industrial undertaking referred to in clause (ii) of sub-section (1) he
may, without prejudice to any other proceedings which may be taken against him,
be removed from such premises by any member of the Force. (1) Whenever any member of the Force, has reason to
believe that any such offence as is referred to in section 10 has been or is
being committed and that a search warrant cannot be obtained without affording
the offender an opportunity of escaping or concealing evidence of the offence,
he may detain the offender and search his person, belongings and premises
forthwith and, if he thinks proper, arrest any person whom he has reason to
believe to have committed the offence. (2) The provisions of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974) relating to searches under that Code shall, so far
as may be, apply to search under this section. Any
member of the Force making arrest under this Act, shall without unnecessary
delay, make over the person so arrested to a police officer, or, in the absence
of a police officer, take such person or cause him to be taken to the nearest
police station together with a report of the circumstances occasioning the
arrest. No
suit or prosecution shall be entertained in any Court against the Force or
against any officer or member of the Force or against any person acting under
the order or direction of the Force or any officer or member of the Force for
anything which is in good faith done or intended to be done under this Act or
any rules made thereunder. No
court shall take cognizance of an offence against any member of the Force with
regard to any act done by him while discharging or purporting to act in the
discharge of his duty except with the prior sanction of the Government. (1) Every member of the Force shall be considered to be
always en duty and shall, at any time, be liable to be employed at any place
within the State of Haryana and outside also. (2) No member of the Force shall engage himself in any
employment or office other than his duties under this Act. (1) In the matters relating to punishment and appeals
the provision of the Punjab Police Rules, 1934, as applicable in the State of
Haryana will apply to the members of the Force. (1) No member of the Force, shall be a member of, or be
associated in any way with any trade union, labour union, political party,
except of a purely social, recreational and religious nature. Explanation
:- If any question arises as to whether any society, institution, association
or organisation is of purely social, recreational or religious nature, the
decision of the Government shall be final. (2) No member of the Force shall participate in or
address, any meeting or take part in any demonstration organised by any body of
persons for any political purpose or for such other purposes as may be
prescribed. (1) Every person who for any reason ceases to be an
enrolled member of the Force, shall forthwith surrender to any supervisory
officer empowered to receive the same, his certificate of appointment, the
arms, accoutrements, clothing and other articles which have been furnished to
him for the performance of duties as an enrolled member of the Force. (2) Any person who wilfully neglects or refuses, to
surrender the articles as required by sub-section (1) shall be liable for
forfeiture of financial benefits and prosecution under the law. The
Police (Incitement to Disaffection) Act, 1922, shall apply to members of the
Force as it applies to members of a Police Force. (1) The Government shall, in addition to the rule
making powers conferred on it by any other provisions of this Act, have power
to make rules generally to carry out all or any of the purposes of this Act. (2) In particular and without prejudice to the
generality of the foregoing powers, such rules may provide for, - (a) regulating the classes, ranks, grades, pay and
remuneration of members of the Force and their conditions of service in the
Force; (b) regulating the powers and duties of members of the
Force authorised to exercise any functions by or under this Act; (c) fixing the period of service for members of the
force; (d) prescribing the description and quantity of arms,
accoutrements, clothing and other necessary articles to be furnished to the
members of the Force; (e) prescribing the places of residence of members of
the Force: (f) institution, management and regulation of any fund
for any purpose connected with the administration of the Force; (g) regulating the punishments and prescribing
authorities to whom appeals may be preferred from orders of punishments, or
remission of fines or other punishments. and the procedure to be followed for
the disposal of such appeals; (h) regulating matters with respect of Force custody
under this Act including the procedure to be followed for taking persons into
custody; (i) regulating matters with respect to disposal of
cases relating to offences under this Act and specifying places in which
persons convicted under this Act may be confined; (j) the terms and conditions subject to which members
of the Force may be deputed. under section 9 and the charges thereof. (3) Every rule made under this Act, shall be laid as
soon as may be after it is made before the Legislative Assembly while it is in
session and if before the expiry of the session in which it is so laid or the
session immediately following, the legislative assembly agrees that the rules
should be either modified or annulled, the rule shall thereafter have effect
only in such modified form or be of no effect, as the case may be, so however,
that any such modification or annulment shall be without prejudice to the
validity of anything previously done under the rule.
Preamble - THE HARYANA STATE INDUSTRIAL
SECURITY FORCE ACT, 2003PREAMBLE