 statement of objects and reasonsthe central industrial security force (cisf) was raised under the central industrial security force act, 1968 to provide protection and security to the central government industrial undertakings at present as per sub-section (1) of section 3 of the said act, this force can be deployed only in the public sector industrial undertakings however, there are many other government organisations which are not strictly covered under the definition of industrial undertaking but are of strategic importance to the nation it is proposed to empower the government to deploy the said force also to perform other security duties accordingly sub-section (1) of section 3 of the said act is being amended 2 in the emerging scenario, private sector will play an increasing role in the economy of the country the state will play the role of a regulator by creating a secure environment for free play of the economic forces this will include the security of the industrial establishments, over the years, cisf have achieved specialisation in the field of industrial security which can be used gainfully by providing consultancy services to the private sector to develop and strengthen their security network such consultancy services will be on full cost recovery basis therefore it is proposed to amend section 10 of the said act and also to insert a new section 14a to empower the force to perform such duties 3 section 8 of the central industrial security force act, 1968 prescribes penalties that can be imposed on members of the force however, some recognised penalties like compulsory retirement, withholding of increment with or without cumulative effect, withholding of promotion and censure are being included in the said section to bring it in line with the provision of the central civil services (classification, control and appeal) rules, 1965 4, section 22 of the said act empowers the central government to make rules for carrying out the purposes of the act and, in particular, clause (g) of sub-section (2) of section 22 of the said act empowers, the central government to make rules for regulating the punishments and prescribing authoritics to whom appcals shall be preferred from orders of punishment or remission of fines or other penalties, and the procedure to be followed for the disposal of such appeals in exercise of the said power, the central government has framed cisf rules, 1969 rule 49 of the said rules has been declared ultra-vires by the orissa high court in the matter of sanatan sahu vs union of india in the said case, the court observed that the act specifically confers revisional powers on the central government and these powers cannot be delegated to a subordinate authority therefore, it is proposed to suitably amend sections 9 and 22 of the central industrial security force act, 1968 for making provisions for filing of the revision petitions in disciplinary cases and for their consideration, suo moto or otherwise, by the next superior authority and to empower the central government to prescribe the procedure, time limit, competent authorities, etc for disposal of the revision petitions it is also proposed to validate all actions taken so far under the provisions of the existing rule 49 of the central industrial security force rules, 1968 5 the bill seeks to achieve the above objects new de ui; lk advani the ist december, 1999 memorandum regarding delegated legislationsub clause (i) and sub-clause (ii) of clause 9 of the bill seeks to insert clauses (gggg), clause (ggggg) and clause (hh) respectively in sub-section (2) of section 22 of the central industrial security force act, 1968 to empower the central government to make rules for the following matters, namely:— (a) prescribing authority under sub-section (2a) of section 9 of the act and the procedure to be followed by such authority in disposing of the revision petition; (b) prescribing authority under sub-section (28) of section 9 of the act, the period within which such authority may call for the records and the manner in which such authority may make inquiry; and (c) to provide for the manner in which and the fee on payment of which the technical consultancy services shall be provided under sub-section (/) of section 14a of the act 2 these are matters of detail and could hardly be provided in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the central industrial securely forct act, 1968(50 of 1968)      an act to provide for the constitution and regulation of an armed torce of the union for the better protection and security of industial undertakings owned by the central government and certain other industual undertakings and the employees of all such industrial undeitakings and for matters connected therewith |     |     |     |     |     ||------|------|------|------|------|definitions 2 (7) in this act: unless the context otherwise requites - |     |     |     |     |     ||------|------|------|------|------|(c) 'industrial undertaking in public sector means an industtal undertaking owned, controlled or managed by— (t) a government company as defined in section 617 of the companies act, 1956, (if) a corporation established by or under a cential provincral or state act, which 1s controlled ot managed by the government |             |      ||--------------|-------|| constitution | of    || the          | force |3 (7) there shall be constituted and maintained by the central government an armed force of the union to be called the central industrial secunty force for the better protection and security of industial undeitakings owned by that government |          |     ||-----------|------|| dismissal |      || removal,  | etc  |8 subject to the provisions of atucle 311 of the constitution and to such rules as the central government may make under this act any supervisory officer may— of members of (1) dismiss, remove or reduce in rank any entofled member of the force whom the force he thinks remiss or negligent in the discharge of his duty or unfit for the same, or (1) awatd any one or more of the following punishments to any enrolled member of the force who discharges his duty in a careless or neghgent manner, ot who by any act of his own renders himself unfit for the discharge thereof, namely - (a) fine to any amount not exceeding seven day's pay or reduction in pay scale, () dull, extra guard fatigue or other duty, (c) removal from any office of distinction or deprivation of any special emolument 9, (1) any enrolled member of the force aggrieved by an order made under section appeal and revision 8 may, within thirty days from the date on which the order 1s communicated to him, prefer an appeal against the order to such authority 1s may be presciibed, and subject to the provisions of sub-section (3), the decision of the said authority thereon shall be final provided that the prescribed authority may entertain the appeal alter the expiry of the said period of thity days, if 1t 15 satisfied that the appellant was prevented by sufficient cause from filing the appeal in time      (3) the central government may call for and examine the record of any proceeding under section 8 or under sub-section (2) of this sectton and may make such inquiry or cause such inquiry to be made and subject to the provisions of this act, may pass such order thereon as it thinks fit '5provided that no order imposing an enhanced penalty undet sub section (2) or sub section (3) shall be made unless a reasonable opportunity of bemg heard has been given to the person affected by such order 10 it shall be the duty of every member of the force dutics ot members of the      force (e) to do any other act conducive to the better protection and security of the industrial undertakings and installations referied to in clauses (b) and (¢) and the employees referted to in clause (d)      power to make rules(2) in particular and without preyudice to the generality of the foregoing powers, such rules may provide for—      (geg) regulating matters with respect to disposal of cases relating to offences under this act and specifying the places in which persons convicted under this act may be confined, (a) the terms and conditions subject to which members of the force may be deputed under section 14 and the charges therefor, and      