The ODISHA INDUSTRIAL SECURITY FORCE ACT, 2012

THE ODISHA INDUSTRIAL SECURITY FORCE ACT, 2012 
 
 
TABLE OF CONTENTS 
 
    PREAMBLE  
   S ECTIONS  
 
 1. Short title, extent and commencement.  
 2. Definitions. 
 3. Constitution of the Force. 
 4. Appointment and powers of the supervisory officers. 
 5. Appointment of enrolled members of the Force. 
 6. Certificates of members of the Force. 
 7. Superintendence and administration of the Force. 
 8. Duties of members of the  Force. 
 9. Deputation of the Force. 
 10. Power to arrest without warrant. 
 11. Power to search without warrant. 
 12. Procedure to be followed after arrest. 
 13. Members of the Force to be considered always on duty  
  and liable to be employed anywhere in the State. 
 14. Responsibilities of members of the Force during 
suspension. 
 15. Restrictions to form an association etc. 
 16. Penalties and appeal. 
 17. Surrender of certificate, arms etc.  by persons ceasing 
to be  
  members of the Force. 
 18. Protection of action done in good faith. 
 19. Cognizance of offence. 
 20. Application of the Act 22 of 1922 to the members of 
the Force. 
 21. Power to make rules. 
 22. Power to remove difficulties.  
   
      
    
 
  
  
 
                                        EXTRAORDINARY 
                      PUBLISHED BY AUTHORITY 
No.  2034, CUTTACK,  SAT URDAY,  OCTOBER  20,   2012 / ASWINA  28, 1934  
  
LAW DEPARTMENT 
NOTIFICATION 
The 19th October, 2012 
  No.11568-Legis 2/12/L ―The following Act of the Odisha Legislative 
Assembly having been asse nted to by the Governor on the 8th October 2012 is 
hereby published for general information. 
ODISHA ACT 7 OF 2012 
THE ODISHA INDUSTRIAL SECURITY FORCE ACT, 2012 
AN ACT TO PROVIDE FOR THE  CONSTITUTION AND REGULATION OF 
AN ARMED FORCE OF THE STATE FOR BETTER PROTECTION AND 
SECURITY OF INDUSTRIAL UNDERTAKINGS OWNED BY THE STATE 
GOVERNMENT, CERTAIN OTHER INDUSTRIAL UNDERTAKINGS 
INCLUDING PRIVATE INDUSTRIAL UNDERTAKINGS AND CERTAIN 
OTHER ESTABLISHMENTS AND EMPLOYEES OF ALL SUCH UNDER-
TAKINGS AND ESTABLISHMENTS AND FOR MATTERS CONNECTED 
THEREWITH AND INCIDENTAL THERETO. 
BE it enacted by the Legislature of  the State of Odisha in the 
Sixty-third Year of the Republic of India as follows:-  
1. (1) This Act may be called the Od isha Industrial Security Force 
Act, 2012.  
         (2) It extends to the whole of the State of Odisha. 
      (3) It shall come into force on such date as the State 
Government may, by notification, appoint.  
 
Short title, 
extent and 
commence-
ment.
  
  
2. 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 Central 
Government or the State Government; 
(b) “enrolled member of the Force” means any subordinate 
officer, under officer or any ot her member of the Force of a 
rank lower than that of an under officer; 
   (c) “establishment” means-  
(i) an office, guest hous e or such other institutions belonging 
to the Government; 
(ii) an establishment other than referred to in sub-clause (i), 
which is owned, controlled or managed by a body corporate or 
firm or an individual or association or other body of 
individuals;  
  (d) “Force” means the Odisha Industrial Security Force constituted 
under section 3; 
  (e) “industrial undertaking” means any undertaking pertaining to a 
scheduled industry and includes  an undertaking engaged in 
any other industry or in any tr ade, business or service which 
may be regulated by law made by Parliament or Legislative 
Assembly of the State;  
  (f) “Industrial undertaking in pu blic sector” means an industrial 
undertaking owned, controlled or managed by,—  
(i) a Government Company as defined in section 617 of the 
Companies Act,1956;  
     (ii) a Corporation establis hed by or  under a Central Act or 
State Act, which is controll ed or managed by the State 
Government; 
   (g)  “Inspector General” means the Inspector General of the Force 
appointed under section 4; 
   (h) “Managing Director”, in relation to indust rial undertaking 
means the person, who exercises control over the affairs of  
that undertaking and includes General Manager, Manager, 
Chief Executive Officer or by whatever name called; 
   (i)  “member of the Force” mean s a person appointed to the Force 
under this Act; 
   (j) “prescribed” means prescr ibed by the rules made under this 
Act; 
Definitions. 
1 
 
 
1 of 1956 
  
  
(k) “private industrial undertakings” means an industrial 
undertaking owned, controlled or managed by a person other 
than the Central or State Go vernment or any industrial 
undertaking in public sector; 
(l) “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;  
(m) “strategic and vital installations” means all such vulnerable 
points or areas as specified by the State Government, from 
time to time, and declared esse ntial for the maintenance of the 
life of the community and whic h require special protection 
against sabotage;  
(n) “subordinate officer” means a person appointed to the Force as 
a Sub-Inspector or an Assistant Sub-Inspector;  
(o) “supervisory officer” means any of the officers appointed under 
section 4 and includes any other officer appointed by the State 
Government as supervisory officer of the Force;   
(p) “under officer” means a person ap pointed to the Force as Head 
Constable or Constable. 
3. (1) The State Government shall,  as soon as may be, after the 
commencement of this Act, by notifi cation, constitute and maintain an 
Armed Force of the State to be calle d the Odisha Industrial Security 
Force for better protection and securi ty of industrial undertakings owned 
by that Government, industrial underta king in public sectors, private 
industrial undertakings and establishments.  
  
   (2)  The Force shall consist of such number of supervisory officers, 
subordinate officers, under officers  and other enroll ed members who 
shall receive such pay and other remuneration as may be prescribed. 
   (3) The Headquarters of the Fo rce shall be at Bhubaneswar or at 
such other place as may be specified by the State Government. 
4. (1) The State Govern ment may appoint a person to be the 
Inspector General of the Force and may appoint other persons to be 
Deputy Inspector Gene ral, Commandants, Deputy Commandants, 
Assistant Commandants and Inspectors of the Force.  
Appointment 
and powers of  
the supervisory 
officers. 
Constitution 
of the Force. 
 
65 of 1951. 
  
  
    (2) The Inspector-General and every other supervisory officer so 
appointed under sub-section (1) sh all have, and may exercise, such 
powers and authority as is provided by or under this Act.  
5. The appointment of the enrolled members of the Force shall rest 
with the Inspector General, who shall exercise power in accordance with 
rules made under this Act:  
 Provided that the power of appo intment under this section may 
also be exercised by such other supervisory officer as the State 
Government may, by order, specify in this behalf.   
6. (1) Every enrolled member of the Force shall receive, on his 
appointment, a certificate in the fo rm as may be prescribed, under the 
seal of the Inspector General or su ch other supervisor y officer as the 
Inspector General may specify in this  behalf, by virtue of which the 
person holding such certificate shall be vested with the powers of an 
enrolled member of the Force.  
   (2) Such certificate shall cease to have effect whenever the person 
named in it ceases, for any reason, to be an enrolled member of the 
Force. 
7. (1) The superintende nce of the Force shall vest in the State 
Government and subject thereto and to the provisions of this Act and of  
any rules made thereunder, the command, supervision and administration 
of the force shall vest in the Inspector General.  
    (2) Subject to the provisions of  sub-section (1), the administration 
of the Force within such local limi ts as may be prescribed shall be 
carried on by the Deputy Inspector General, Deputy Commandant or 
Assistant Commandant in accordance with the provisions of this Act and 
of any rules made there under, and every supervisory officer placed in 
charge of the protection and security of an industrial undertaking, private 
industrial undertaking, autonomous  body, establishment and strategic 
and vital installations shall, subject to any direction that may be  given by 
the State Government or the Inspecto r General in this behalf, discharge 
his functions under the gene ral supervision, direc tion and control of the 
authority-in-charge of that autonom ous body, establishment, strategic 
and vital installation and Managing Director of that undertaking.  
 
Appointment  
of enrolled 
members of  
the Force. 
Certificates  
of members 
of the Force. 
Superintendence 
and 
administration  
of the Force. 
  
  
 
  (3) Subject to the provisions of this Act and the rules made 
thereunder, the Superintendent of Poli ce of the district shall, in co-
ordination with the Supervisory office r of the Force, have the power to 
oversee the functioning of the Force within his jurisdiction. 
8. It shall be the duty of every member of the Force,—  
(a) to obey and  execute all orde rs lawfully issu ed to him by 
his superior authority;  
(b) to protect and safeguard the establishments, industrial 
undertakings owned by the St ate 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 wh ich 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 Insp ector-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 concer ned of an industrial undertaking in public 
sector or private sector  or strategic and vital installation under their 
control showing the necessity ther eof, to depute such number of 
members of the Force as the Inspect or-General may consider necessary 
for the protection and s ecurity 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 sha ll continue to exercise the same 
powers and be subject to the sa me responsibilities, discipline and 
penalties as would have be en applicable to him under this Act, if he had 
been discharging those duties in relation to an es tablishment, 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-sectio n (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-cha rge or Managing Director may, on 
giving one month’s notice in writing to the In spector 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 da te 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 forc e 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 ma y, without any order from a 
Magistrate and without a warrant, arrest,- 
           (a) any person, who vo luntarily 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 con cerned in, or against whom a 
reasonable suspicion exists of hi s 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 comm itting  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  refe rred to in clauses (b) and (c) of 
section 8, or relates to other inst allations, 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 othe r 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 warr ant cannot be obtained without 
affording the offender an  opportunity of escapi ng or of concealing 
evidence of the offence, he may de tain 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.   
12. Any member of the Force making an  arrest under this Act, shall, 
without unnecessary delay, make over the person so arrested to a police 
officer, or in the absence of a poli ce officer, take such person or cause 
him to be taken to the near est police station  together with a report of the 
circumstances occasioning the arrest. 
13.(1) Every member  of the Force shal l, for the purpose of this Act, 
be considered to be always on duty an d shall, at any time, be liable to be 
employed at any place within the State of Odisha.   
    (2) Save as provided in secti on 9, no member of the Force shall 
engage himself in any employment or office other than his duties under 
this Act.   
14. A member of the Force shall no t by reason of his suspension 
from office cease to be a member of the Force and he shall, during that 
period, be subject to the same respon sibilities, discipline and penalties to 
which he would have been subjected if he were on duty.  
 
15. (1) No member of the Force sha ll, without the previous sanction 
in writing of the State Government or of the prescribed authority,— 
(a) be a member of, or be asso ciated in any way with, any 
trade union, labour uni on, political party or  with any class of 
trade unions, labour unions or political parties; or  
(b) be a member of, or be asso ciated in any way with, any 
other society, institut ion, association or organization that is 
not recognized as part of the Force or is not of a purely social, 
recreational or religious nature.  
   Explanation.— If any question arises as to whether any society, 
institution, association or organization is of pure ly social, recreational or 
religious nature under clause (b) of th is sub-section, the decision of the 
State Government thereon shall be final.   
 
2
Members of 
the Force to be 
considered 
always on duty 
and liable to be 
employed any 
where in the 
State. 
Procedure to 
be followed 
after arrest. 
Responsibili
ties of 
members of 
the Force 
during 
suspension. 
Restrictions 
to form an 
association 
etc. 
2 of 1974. 
  
  
   (2) No member of the Force sh all participate in, or address, any 
meeting or take part in any demons tration organized by any body of 
persons for any political purposes or for such other purposes as may be 
prescribed.  
16.(1) Subject to the provisions of article 311 of the Constitution 
and to such rules as the State Govern ment may make under this Act, the 
Inspector General or any other supervisory officer appointed by him may 
impose any of the following penalties, namely:--  
(i) extra drill, 
(ii) fatigue duty,  
(iii) guard duty, 
(iv) withholding of increment, 
(v) withholding of promotion,  
(vi) reduction of rank,  
(vii) recovery of pay, 
(viii) compulsory retirement, 
 (ix) removal from service,  
  (x) dismissal from service.  
(2) The penalties specified in clause s (i) to (iii) of sub-section (1) 
shall be non-appealable and may be imposed by way of summary 
disposal in the manner prescribed.  
(3) The penalties specified in clause s (iv) to (x) of  sub-section (1) 
may be imposed after conducting an inquiry in accord ance with such 
procedure as may be prescribed. 
(4) Any enrolled member of the Fo rce aggrieved by an order made 
under sub-section (3) may, within  thirty days from the date of 
communication of the said order, prefer  an appeal, to such authority as 
may be prescribed.   
17.(1) Every person who, for any reas on, 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.   
Penalties 
and appeal. 
Surrender of 
certificate, arms 
etc. by persons 
ceasing to be 
members of the 
Force. 
  
  
  
 (2) Any person who willfully neglec ts or refuses to surrender his 
certificate of appointment, the arms , accoutrements, clothing and other 
articles furnished to him as required by sub-section (1), shall be liable for 
forfeiture of the financial benefits and prosecution under the law.  
 (3) Nothing in this section shall be deemed to apply to any article 
which, under the orders of the Inspector-General, has become the 
property of the person to whom the same was furnished.   
18. No suit or pros ecution shall lie against any officer or member of 
the Force or against any person acting under the orders or the direction of 
any officer or members of the Force for anything which is in good faith 
done or intended to be done under this Act or any rules made thereunder.  
19. No Court shall take cognizan ce of an offence against any 
member of the Force with regard to any act done by him in the discharge 
of his duty or purportin g to act in the discharge of his duty except with 
the prior sanction of the State Government. 
20. The Police (Incitement to Disaffect ion) Act, 1922 shall apply to 
members of the Force as it applies to the members of a Police Force. 
 
21.(1) The State Government shall, in addition to the rule making 
powers conferred on them by any othe r provisions of this Act, have 
power to make rules genera lly 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 provi de for all or any of the following 
matters, namely:― 
(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 du ties of members of the Force 
authorized to exercise any functions by or under this Act;  
(c) fixing the period of service for the members of the Force;  
 
 
Protection of 
action done in 
good faith. 
Cognizance 
of offence. 
Application of 
the Act 22 of 
1922 to the 
members of  
the Force. 
2
Power to 
make rules. 
22 of 1922. 
  
  
(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 the members of the 
Force;  
(f) regulating the procedure of conducting enquiry, punishments 
and  prescribing authorities to whom appeals may be 
preferred from orders of punishment and the procedure to be 
followed for the disposal of such appeals;  
(g)  the terms and conditions subject to which members of the 
Force may be deputed under section 9 and the charges  
thereof; and  
(h) institution, management and regulation of any fund for any 
purpose connected with the administration of the Force; 
22.(1) If any difficulty arises in giving effect to the provisions of this 
Act, the State Government may, by order published in the official 
Gazette, make necessary provisions, not  inconsistent with the provisions 
of this Act, as may appear to it to be necessary or expedient for removing 
the difficulty:  
 Provided that no order shall be ma de under this section after expiry 
of the period of two years from the date of commencement of this Act.   
(2) Every order made under this s ection shall be laid, as soon as 
may be after it is made, before the Odisha Legislative Assembly. 
 
By Order of the Governor 
 D. RAUT 
   Principal Secretary to Government 
 
 
 
 
 
 
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 
Ex. Gaz. 1480-193+280 
Power to 
remove 
difficulties. 
 
 

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