LEGAL ASPECTS OF INDUSTRIAL SECURITY
(Indian Scenario)
By
Capt. S.B. Tyagi, Sr. Manager (Security), GAIL

Security is an age-old concept. Every body wants to keep his valuable in safe custody. It is a human nature. Even in Stone Age while men were moving in a group, they also had the tendency to keep their foodstuff, which were valuable at that time due to scarcity, in safe custody. With the same intention, we also keep our money, ornaments, and valuable documents in secured place.

There are lot of Acts and Rules for the control and discipline of the labor force in India. In Industrial Trade Union Act was passed in the year 1926 and Industrial Dispute Act was passed in the year 1947 for the welfare and management of labor force in India and as well as sanctioning power to the Government to settle disputes arising out of labor problems. Industrial revolution started in India from the beginning of 19th century and is still continuing but there were hardly any well-organized Security Forces till 1957. When the Railway Protection Force Act was passed for the protection of railways property, security of the industries were looked after by watch and ward personnel under the direction and guidance of the management without any legal sanction of the Government and consequently without any legal power. These watch and ward personnel were part of the workers and enjoyed benefits of the Industrial Disputes Act 1947 wherein they could also join in trade union activities with the workers which have obviously treated a set-back to the security of the industries.


Security of an undertaking was more essential and required while there were strike/lock out etc. in the undertaking. But watch and ward personnel joining hands with the workers in strike etc. made the position beyond control. This lacuna ,while war had broken out between India and China and Pakistan, was proved clearly while there was a devastating fire in HEC, Ranchi (Bihar) in the year 1964 and the one man commission set up by the Govt. under the Chairmanship of Justice Mukherjee proved beyond doubt that this incident of fire was a clear case of sabotage. Justice Mukherjee in his report also commented that there should be `Central Force' for the security of Public Sector Undertakings to stop such clandestine activities in future. This was the first time in India that the Government had felt the need for raising Security Force under some central Act. Subsequently, trade union activities of watch and ward personnel specially of Durgapur industrial complex, rather compelled the central Govt. to pass an Act in the year 1968 namely `Central Industrial Security Act' followed by CISF Rules, 1969 which has by and large set out the legal powers and functions of security personnel.

However, before dealing the legal aspects of Industrial Security i.e. how to manage the security problems legally, let us first understand the threats which an undertaking or installation faces from different directions. The threats can be divided as follows:

1. Sabotage, theft, pilferage, mischief, assault
2. Subversion, wrongful confinement
3. Espionage, criminal intimidation

In Industrial Security, the aim is to ensure the security of (i) property / materials (ii) personnel and (iii) documents from sabotage, subversion and espionage etc. This apart, there is large scale thefts, pilferage, assault; wrongful confinement etc. that at times causes serious concern. We must know what are the laws and Acts available to combat the above threats or security hazards? This can be divided as follows:

1. Laws relating to physical security
2. Laws relating to documentary security
3. Laws relating to mischief and sabotage
4. Laws on theft, misappropriation
5. Laws relating to strikes
6. Laws relating to Detention and arrest
7. Laws relating to Foreigners

Laws relating to physical security: -

To commit any crime a person is required to enter into the plant premises, which under law can be called criminal trespass and there are provisions in IPC that these trespassers can be arrested u/s 441 to 462. Beside this, there are provisions in Official Secrets Act under section 2(8) to declare the installations or undertaking `Prohibited Place' and thus control the entry and the trespassers can be punished under section 3 of Official Secrets Act, 1923. This apart, there are various State enactment viz. the Punjab Security of State Act 1953, Madhya Pradesh Public Security Act 1959, J&K Defense Rules 1966, West Bengal Maintenance of Public Order Act 1972 etc. to control access in the undertaking.

Laws relating to documentary security: -

For leakage of information, which can be called espionage activities, there are clear provisions under section 3 of Official Secrets Act 1923. Similar provisions also exist in DIR and Industrial Disputes Act 1947. For forgery, action can be taken u/s 464, 465 IPC and other offences relating to document - 469 to 477 IPC.

Laws relating to mischief and sabotage: -

Mischief-mongers can be booked for mischief and sabotage u/s 425, 426 IPC and under Official Secrets Act 1923.

Laws on theft, misappropriation: -

These problems can be tackled for theft u/s 378 to 382 IPC and for misappropriation u/s 403 IPC and for criminal breach of trust u/s 405, 406 IPC.

Rules and laws on security of personnel: -

Section 9 of the Indian Official Secrets Act 1923 clearly indicates that any person who attempts to commit or abet the commission of an offence shall be punishable. In case of assault on the personnel, there are specific provisions under section 351, 352 IPC to take action against the offenders. Another element, which is very common in industrial undertakings, is `Gherao' of management officers by their workers. Gherao is defined as physical blockade of a target, complete or partial, either by encirclement or by forcible occupation. The target may be a place or person, usually managerial or supervisory staff of an industrial installation. This can be dealt under section 339 to 342 IPC and 7 Criminal Law Amendment Act for wrongful restraint and wrongful confinement during strike also; there may be criminal intimidation which is punishable u/s 503, 506 IPC. Beside this, action may be taken under CCS (Conduct) Rules etc. For hurt section 320/325 applies.

Enforcement Agents: -

Beside police and other allied law enforcement authority, public servant defined u/s 21 IPC and as a matter of fact general public can also stop and prevent offences, which are cognizable as shown in schedule II of Cr.P.C. Moreover u/s 96 to 106 of IPC, anybody can exercise his right of private defense.

Laws relating to strikes:-

As we discussed in point 5 above, if there is unlawful assembly (u/s 141/145 IPC) and thereby resort to violence as rioting (u/s 146/147 IPC) and commit other offences, there are clear provisions in IPC to deal with the offenders.

Laws relating to Detention and arrest:-

U/s 129 to 144 Cr. P.C., Magistrate has power to take preventive action against any offence defined therein whereas u/s 149 to 153 Cr.P.C., powers were conferred on Police to take preventive action and police officer may arrest the persons if it appears to such police officer that the commission of the offence cannot be otherwise prevented (u/s 151 Cr.P.C.) CISF Act 1969 also confers powers to CISF to arrest any person who is found moving within the vicinity of the undertaking and against whom reasonable suspicion exists. Section 11 of CISF Act 1968.

Restriction on use and enjoyment of land in vicinity of works of Defense Indian works of Defense Act (Act 411) of 1923 clearly defines the provision regarding restriction as above.

Laws relating to Foreigners:-

Foreigners Act 1946 and Foreigners Orders 1948, Foreigners (Protected Arrears) Orders 1958 lay down the procedure to deal with the foreigners and restriction of their entry etc. in the strategic and vital installations.

 

MAIN PROVISIONS OF LAW, CENTRAL AND STATE: VARIOUS ASPECTS OF INDUSTRIAL SECURITY

Central Acts

a) Official Secrets Act, 1923

b) The Factories Act, 1948

c) Industrial Disputes Act, 1947

d) Industrial Employment (Standing Orders) Act and Rules, 1946

e) Foreigners' Act, 1946

f) Foreigners' Order, 1948, Foreigners' (Protected Areas) Order 1958

g) Criminal Law Amendment Act, 1932& 1961, 1966

h) Indian Explosives Act, 1984

i) Explosives Substances Act, 1908

j) Indian Arms Act, 1959

k) The Inflammable Substances Act, 1952

l) Atomic Energy Act, 1962

m) Police Act, 1861 and the Police Forces (Restriction of Rights) Act, 1966

n) The Railway Protection Force Act, 1957 and the Railways Property (Unlawful Possession) Act 1966

o) Industrial (Development and Regulation) Act 1951

p) The Central Industrial Security Force Act, 1968

q) Maintenance of Internal Security Act, 1971

r) Miscellaneous (such as the Mines Act, Aircraft Act, Ports Act. The Telegraph Wires (unlawful possession) Act and the like, which will be relevant for the particular type of industrial establishment

Some State Enactment

a) The Punjab Security of State Act, 1953

b) Madhya Pradesh Publish Security Act, 1959

c) Assam Maintenance of Public Order Act, 1947
d) Assam Maintenance of Public Order (Autonomous Districts) Act 1953

e) J & K Defense Rules, 1966

f) J & K Public Security Act

g) West Bengal Maintenance of Public Order Act, 1972

h) Mysore Internal Security Maintenance Act, 1972

i) Prevention of Disturbances of Public Meetings Act, 1962 (Kerala)

j) Home Guards Act, Bombay and Home Guards (Extension and Amendment) Act, Bombay 1947 and 1948

k) The M.P. Industrial Employment Standing Order Act 1961