Bare ActsThe ODISHA INDUSTRIAL SECURITY FORCE ACT, 2012

Section 8

Amendment status not verified — confirm the current text below against the official source.

It shall be the duty of every member of the Force,— (a) to obey and execute all orders lawfully issued to him by his superior authority; (b) to protect and safeguard the establishments, industrial undertakings owned by the State Government or strategic and vital installations under their control; (c) to protect and safeguard such other industrial undertakings, private industrial undertakings and installations to which he is deputed under section 9; (d) to protect and safeguard the employees of the industrial undertakings, and installations referred to in clauses (b) and (c); (e) to do any other act conducive to the better protection and security of the establishments, industrial undertakings and installations referred to in clauses (b) and (c) and the employees referred to in clause (d); (f) to perform any other duty which may be entrusted to him by the State Government, from time to time. 9.(1) Subject to any general directions of the State Government and the recovery of charges of the Force on such terms and conditions as may be prescribed under clause (g) of sub-section (2) of section 21 of the Act, it shall be lawful for the Inspector-General on a request received in this behalf from the authority- in- charge of the concerned establishment, not belonging to State Government or autonomous bodies, or from the Managing Director concerned of an industrial undertaking in public sector or private sector or strategic and vital installation under their control showing the necessity thereof, to depute such number of members of the Force as the Inspector-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 the authority-in-charge or the Managing Director, as the case may be. Deputation of the Force. Duties of members of 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 industrial undertaking and strategic and vital installations of the State Government. (3) If the Inspector General is of the opinion that circumstances necessitating the deputation of the members of the Force in relation to an establishment, autonomous body, industrial undertaking and strategic and vital installation under sub-section (1) have ceased to exist, or for any other reason it is necessary so to do, he may, after informing the concerned authority-in-charge of that establishment, autonomous body or strategic vital and installation or as the case may be, concerned Managing Director of that industrial undertaking, withdraw the members of the Force so deputed: Provided that the authority-in-charge or Managing Director may, on giving one month’s notice in writing to the Inspector General, require that the members of the Force so deputed shall be withdrawn and the authority-in-charge, or as the case may be, the Managing Director shall be relieved from the charge from the date of expiration of such notice or from any earlier date on which the Force is so withdrawn. (4) For the purpose of augmenting the Force during its deployment in any case, the Inspector General may, in consultation with the appropriate authority in relation to any auxiliary force cause deployment of such auxiliary force in coordination with the Force: Explanation.— For the purpose of this sub-section, the expression “auxiliary force” means,— (a) Home Guards appointed under the Odisha Home Guard Act, 1961; or (b) any person appointed to act as Special Police Officer under the Police Act, 1861; or (c) Private security guard employed by any private security agency under Private Security Agency (Regulation) Act, 2005. Odisha Act 22 of 1961. 5 of 1861. 29 of 2005. 10.(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, threatens to assault or uses or threatens or attempts to use criminal force to any employee, referred to in clause (d) of section 8, or to him or any other members 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 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 a cognizable offence which relates to property belonging to, or in the premises of, any establishment, autonomous body, industrial undertaking or any strategic and vital installations referred to in clauses (b) and (c) of section 8, or relates to other installations, or to property in the premises of the other installations, referred to in those clauses; (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, autonomous body, undertaking, or installations referred to in clauses (b) and (c) of section 8. (2) If any person is found trespassing on the premises of any industrial undertaking referred to in clauses (b) and (c) of section 8, he may, without prejudice to any other proceeding which may be taken against him, be removed from such premises by a member of the Force. 11.(1) Whenever any member of the Force, has reasons 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 of concealing evidence of the offence, he may detain the offender and search his person, belongings and premises forthwith and, if he thinks proper, arrest Power to arrest without warrant. Power to search without warrant. any person whom he has reason to believe to have committed the offence. (2) The provision of the Code of Criminal Procedure, 1973 relating to searches under that code shall, so far as may be, apply to searches under this section.

Section 8 – The ODISHA INDUSTRIAL SECURITY FORCE ACT, 2012 | DailyLaw.ai