The Haryana State Industrial Security Force Act, 2003
The Haryana State Industrial Security Force Act, 2003
1. Short title, extent and commencement
- (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.
2. Definitions
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, trust house or such other institutions run by the Government;
- (e) "Force" means the State Industrial Security Force constituted under section 3;
- (f) "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 (Central Act 1 of 1956);
- (j) "managing agent" 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 any other by the State Government;
- (k) "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);
- (p) "strategic and vital installations" means all such vulnerable points or areas as specified by the Government from time to time, and declared as essential for the maintenance of the life of the community and which require special protection against sabotage;
3. Constitution of the Force
- (1) The Government may 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 for such places as may be specified by the Government from time to time.
4. Appointment and powers of the Director General and Supervisory officers
- (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.
5. Appointment of enrolled members of the Force
The Director General or such supervisory officer as may be authorised by the Government shall enroll members of the Force in the manner prescribed.
6. Certificates of appointment
Every enrolled member under section 3 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 thereupon the person holding such certificate shall exercise the powers of an enrolled member of the Force and perform such duties as may be prescribed.
7. Superintendence and administration of the Force
- (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 this 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 treasures, institutions, autonomous bodies, and industrial undertakings, as are owned and controlled by the State and Central Governments and strategic and vital installations under their control shall function in such terms and conditions as may be prescribed and shall subject to any direction as 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.
8. Duties of members of the Force
Duties of members of the Force
- (i) to obey and execute all orders lawfully issued to him by his superior;
- (ii) to protect and safeguard the Government treasures, 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).
9. Deputation
- (1) Subject to any general direction of the Government and the recovery of charges on 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 or Central Government and strategic and vital installations which are not owned or controlled by the Government, allowing the necessary thereto 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 in 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 has pecuniary 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 else, 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 vital installations of State Government.
10. Power to arrest without warrant
- (1) Any member of the Force may without any order from a Magistrate and without a warrant arrest,—
- (a) any person who voluntarily causes hurt to or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, or uses or threatens to use criminal force to any employee referred to in clause
- (iv) of section 6, 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;
- (b) any person who has been concerned in or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been concerned in, or 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 commit a 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 tamper the premises of the Power 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;
- (c) 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 installation referred to in clause
- (ii) of this sub-section.
- (a) any person who voluntarily causes hurt to or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restrain or assaults, or uses or threatens to use criminal force to any employee referred to in clause
11. Procedure to be followed after arrest
Any member of the Force making arrest under this Act, shall without unnecessary delay make the person so arrested to a police officer, or, in the absence of a police officer, take or send such person to the nearest police station.
12. Protection of members of the Force
No suit or prosecution shall be entertained in any Court against any member of the Force or against any person acting under the order of the Force for anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
14. Cognizance of offence
No court shall take cognizance of any offence against any member of the Force with regard to any duty done by him while discharging or purporting to act in the discharge of his duty except with the previous sanction of the Government.
15. Members of the Force to be considered always on duty
- (1) Every member of the Force shall be considered to be always on duty and shall, at any time, be liable to be employed in any part of the State of Haryana and elsewhere according to this Act.
17. Restriction respecting right to form association, etc
- (1) No member of the Force shall, 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.
18. Surrender of certificate, arms, etc. by members of the Force
- (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 referred to in sub-section (1), as required by sub-section (1), shall be punished with fine or imprisonment for the term as may be, or both.
19. Application of Police (Incitement to Disaffection) Act, 1922 to the members of the Force
The Police (Incitement to Disaffection) Act, 1922 shall apply to members of the Force as it applies to members of a Police Force.
20. Power to make rules
- (1) The Government shall, in addition to the rule making powers conferred 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 awards and prescribing authority to which 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 the 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.
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