No.NCC-EX-CPMF/ /2018 Dated, the August, 2018

To,

Shri B. S, Koshyari Chairman, Parliamentary Standing Committee on Petitions, Room No.117, Parliament House,

Annexe Extension Building, New Delhi-110001.

Sub: CENTRAL PARAMILITARY FORCES(CPMFs/CAPFs ) -

ISSUES OF URGENT NATIONAL INTEREST Hon’ble Sir,

We submit the following for kind consideration:-

1. PREMISES/LEGAL STATUS OF CPMFs/CAPFs

The genesis of CPMFs is the same as that of Indian Defence

Forces i.e. Entry 2 of Union list, 7th Schedule, Article 246 of

Constitution of India(Appendix “A”). Various Acts of

CPMFs also define these Forces as Armed Forces of the

Union.

Section 3 of CRPF Act 1949 reads as follows:-

“3. Constitution of Forces- (1) there shall continue to be an

Armed Force maintained by Central Government and

called Central Reserve Police Force.”

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It may not be out of place to mention that the ITBP and

BSF were also initially raised under CRPF Act 1949 i.e. ITBP

(in 1962) and BSF ( in 1965).

ITBP Act 1992 reads as under:-

“ An Act to provide for the Constitution and regulation of

an Armed Force of the Union for ensuring the security of

borders of India and for matters connected there with.”

The preamble of BSF Act 1968 reads as under:-

“An Act to provide for the Constitution and regulation of

an Armed Force of the Union for ensuring the security of

border of India and for matters connected there with.”

Rule.3 of CRPF Rules 1955 reads as under:-

“3. Interpretation – In this rules unless there is anything

repugnant in the subject or context; (a) the expression the

battalion and company have the meaning assigned to them

as in the Army”.

Section 4(1) of ITBP Act 1992 reads as follows:-

“There shall be an Armed Force of the Union called the

Indo Tibetan Border Police Force for ensuring the security

of borders of India and performing such other duties as

may be entrusted to it by the Central Government.”

It may be noted that the Force is guarding Sino-India

border, likely to be deployed on Indo-Myanmar border and

deployed ahead of Army as the first line of defence.

Section 4 of BSF Act 1968 reads as follows:-

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“4(1) – There shall be an Armed Force of the Union called

Border Security Force for ensuring the security of borders

of India.”

It may be noted that the Force is guarding Indo-Pakistan,

Indo-Bangladesh borders and deployed ahead of Army as

first line of defence.

Therefore CRPF, BSF,ITBP, SSB and CISF etc. are all

undoubtedly Armed Forces of the Union.

Central Administrative Tribunal Act 1985 – The CAT was

established in 1985 to look into and decide the grievances

in respect of recruitment and conditions of service

appointed to public services and posts in connection with

affairs of the Union or any State. Section 2(a) of the said

Act debars the CAT to look into matters pertaining to any

member of Naval, Military or Air Forces or of any other

Armed Forces of the Union. The Members of CRPF, BSF

and ITBP etc are equated with Armed Forces of the Union

i.e. Army, Navy and Air Force and hence kept out of

purview of CAT.

Section 7(2) of CRPF Act reads as under:-

“Every member of the Force shall be liable to serve

without and beyond as well within the territory of India.”

Rule 25 of CRPF Rules 1955 reads as follows:-

“Members of the Force may be deployed in any part of the

Union for the restoration and maintenance of law and

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order, and for any other purpose as directed by Central

Government.”

It may be noted that the Force is to be deployed for the

restoration and maintenance of law and order and not for

ordinary police duties i.e. crime detection and prevention.

The Force is to be deployed only after the situation needs

to be restored. The Force is thus in aid to Civil Power and

not to assist the Civil Power (thereby these Forces are not

always at the disposal of State Governments, these are

provided on need basis).

The role of CPMFs has become very important, significant

and sensitive during last few decades. The security

scenario in the country vis-à-vis enemy, as in particular,

has undergone a paradigm shift after World War-II. The

doctrines of war, enemy and defence have also accordingly

changed. Direct war conflicts have changed to “PROXY

WAR” or “LOW INTENSITY CONFLICTS”. The enemy which

was acronym “beyond borders” is now “enemy within

borders” and has become much more difficult to identify

and neutralizing in comparison of “enemy beyond

borders”. Even while dealing with “enemy beyond

borders” the first hit is always taken by CPMFs as

mentioned earlier. In simple terms, much of the enemy

burden has been taken over and being dealt by CPMFs

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during last few decades, a hard fact which cannot be

denied.

The service conditions of CPMFs are equally tough and

rather tougher than Indian Army as can be made out from

the fact that there is heavy rate of attrition among Central

Paramilitary Forces. (35000 men left during the year 2013)

and the enhanced rate continues), and the attrition is not

only limited to men but at officers level too (59 from CRPF,

41 from BSF, 16 from CISF and 17 from ITBP left during the

year 2012). Reportedly, there is 30 percent rise in the

attrition in these forces as per news paper reports. These

Forces are slowly turning into unattractive services and the

day may not be far away when people will refuse to join

these Forces. Very recently, large number of personnel

selected for BSF refused to join the service, such situation

is not far away for other CPMFs(as per newspaper reports

more than 27000 personnel left CAPF & 4202 martyred in

last 3 years(Appendix-A-1).

Considering the wide and sensitive role of CPMFs, there is

continuous thinking in the government to upgrade the

intelligence set up and weaponry in these organizations.

Extra consideration is given to Defence Forces on the

grounds that they protect the Nation from the enemy.

Therefore, CPMFs too cannot be denied extra

consideration on similar grounds.

There is also urgent need to redefine “enemy” and

“National Security” and special laws should be

promulgated to deal with both. Anybody indulging against

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National interest be defined as “enemy” for all purposes

and likewise “National Security” also needs to be

widespread defined.

In spite of all odds CPMFs have never hesitated in making

numerous supreme sacrifices in the call of National duty

(Appendix “B”) attached.

These figures are self explanatory and more in comparison

to the organizations dealing with real enemies.

Apart from the above casualties, the numerous personnel

of CPMFs died in service and the death being attributable

to the working and service conditions i.e. the personnel

died of suicides, fratricides, T.B., malaria cases, serious

injuries, heart attack and HIV/AIDS etc.

In fact, after independence the supreme sacrifices made by

Defence Forces are 22500 approximately whereas the

figure for CPMF is around 38000 approximately.

Considering all above there is a strong case for CPMF

personnel for granting them the status of “Ex-servicemen”

and “Martyr”.

1-A Training Curriculum

The Training Curriculum of these Forces lays emphasis on

the following subjects which are more akin to Army:-

1. Field Craft.

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2. Field Engineering, mine laying and breaching.

3. Operational tactics.

4. Map reading.

5. Advance weapon training on weapons like Launchers,

Mortars, MMG, RCL, CGRL, AGL etc.

6. IEDs.

7. Detection and disposal of bombs.

8. Internal Security duties/counter insurgency duties.

9. Disaster Management.

10. Jungle Warfare.

11. Living off the land.

12. Border Management.

13. Ops of war including advance into enemy territory,

defence against enemy attack and attack against

enemy advances.

14. Low intensity conflicts.

15. Geo political status.

16. Left Wing Extremism, naxalism and terrorism etc.

17. Minor tactics.

18. Battle Inoculation.

19. Artillery Guns.

Whereas “Police” and “Public Order” are included in list II

of 7th Schedule and as such are apparently preserves of the

States. The duty, cast on Centre to prevent threatened

internal disturbances (Article 352 of Constitution of India)

and protect every State against such disturbances (Article

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355) necessitated police policies above and beyond the

States and therefore CRPF Act 1949, BSF Act 1968 and ITBP

Act 1992 etc. were enacted for Constitution and regulation

of Central Armed Forces like CRPF, BSF,ITBP, CISF and SSB

etc.

1-B CASE LAWS

Hon’ble Andhra High Court in Writ Petition No.1301 of

1973 and Madras High Court in Writ Petition No.2061 of

1969 held that the CRPF Act 1949 was not ultra virus as it

comes under the category of any other Armed Force”.

Similar views were held long time back by J&K High Court

in Criminal Appeal No.1/69 dated 13/3/1971 and also by

Division Bench of Kolkata High Court. Similar view that the

CRPF Act was not ultra virus was held by Hon’ble Supreme

Court during 1973 in case of Tarun Kumar Sen Gupta

Versus State of West Bengal. The Supreme Court

specifically held vide Para.66 of judgment dated

25/7/1972(AOR 1974 Cal 39(Appendix-B1) that “the Central

Reserve Police Force with its duties, such as they are, can

by no means be said to be a Civil Armed Force created

only for the maintenance of public order and for

preventing and detection of crime. Nor can it be said to

be a Police Force within the meaning of the term “police”

in Entry 3 of List II, whose duties must necessarily confined

to be with territorial boundary of the Province, and who can never

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be called upon to function beyond the Territorial

boundary and certainly not the Territorial limits of India.”

Similar view was also held by Hon’ble SC in judgement

dated 11/07/1981 in case of Akhilesh Prasad Versus U.T. of

Mizoram (Citation 1981 AIR 806, SCR(2) 150, (1) 292, 1981

SCR(2) 789) and categorically mentioned that CRPF is an

Armed Force even for section(2) of 197 CrPC.

It may therefore be concluded (i) that the formation, role

and training of these Forces is more akin to Army (ii)

Secondly, MHA vide their O.M. No.F.No.24021/74/2004-

P.C. dated 6th August, 2004 (Appendix “C“) have also

clarified that CRPF, BSF, ITBP, and CISF etc. are all Armed

Forces of the Union. (iii) Rule 2(d) of Ex Service Men (Re-

Employment in Civil Services and posts) Rules 1979

amended during 1986, and 2012 reads as follows:-

“Paramilitary Forces “means the Border Security Force,

Central Reserve Police Force, Indo Tibetan Border Police,

Central Industrial Security Force, Secretariat Security

Force, Assam Rifle and Railway Protection Force

(Appendix ‘D ‘).

Therefore, all these Forces are Armed Forces of the Union

and not Civil Armed Forces or Central Armed Police Forces

and thus the nomenclature ‘CAPFs’ given to these Forces

vide MHA OM No.45020/2/2011-Pers-II dated 18th March,

2011 (Appendix “E”) is unconstitutional and illegal. All

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these Forces are certainly ‘Central Para Military

Forces”(CPMFs). The nomenclatures of these Forces need

immediate change to CPMFs as they were earlier known.

It may be further interesting to note that Army, Naval or

Air force Acts do nowhere specify that they are Armed

Forces and rather are Defence Forces, whereas all benefits

to them have been granted in the capacity of Armed

Forces. On this analogy, all benefits granted to Defence

Forces must accrue to CPMFs also, since they are

specifically defined as “Armed Forces” of the Union in their

respective Acts passed by the Parliament. Separate,

service, pay and pension rules etc. need to be prescribed

for CPMFs.

2. PROBLEM AREAS

(I) All CPMFs though are Armed Forces of the Union but

are being treated as Civil Services. This is the biggest

problem and under this cover lot of benefits are denied

to CPMFs by equating them with Civil Services.

(II) Provisions of rule 104 of CRPF rules which reads as

follows:-

“Classification (1) – The post of Commandants/Assistant

Commandants (2nd-in-Command/Adjutant) and

Company Commander- QM shall be the posts included

in the Central Civil Service Class-I (2) the post of

Principal, Vice Principal and Assistant Principal of the

Central Training College, CRPF, Neemuch , shall also be

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the posts included in the General Central Services Class-

I.”

Rule 104 of CRPF Rules, therefore, needs to be removed

from scheme of arrangements as it is

counterproductive and against the spirit of CRPF Act

1949. In fact as per the judgment of Hon’ble Supreme

Court of 1972 dated 25/07/1972 in case of Tarun Kumar

Sengupta and judgment dated 11/07/1981 in case of

Akhilesh Prasad Vs. UT of Mizoram, these Forces being

Armed Forces of the Union, their, pay and allowances,

Service Rules, pension Rules etc should have been

governed separately. But unfortunately, under the

present scheme of arrangement they are being equated

with other Central Civil Services. The role of these

Forces have already been explained, either they are on

border guarding or extra ordinary and sensitive security

duties, they are meant for restoration and maintenance

of law and order (in aid to civil power, and industrial

security etc). The Assam Rifles and Coast Guards are

unique in nature, though they under administrative

control of MHA but have been placed for operation

control under Ministry of Defence, owing to their

particular duties for them dual Command is

cumbersome and unhealthy. However, undeniably all

these Forces including SSF, RPF, Assam Rifles and Cost

Guards etc are all Central Para Military Forces and

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Armed Forces of the Union. They are trained on the

lines of Defence Forces as per their Training curriculum

which has been explained earlier. Unlike Defence

Forces the role and deployment of CPMFs remain

uncertain and most of the time adhoc thus more tough

and demanding. Being first responder in all situations,

role, clarity including operational dimension remains

unclear. This aspect manifest itself in the following

manner:-

(a)Overstretched and scattered deployment.

(b)Uncertainty, high mobility and erosion of Force

character.

(c)Poor working and living conditions resulting in high

stress.

(d)Deprivation of family life and insufficient family

accommodation (It may not be out of place to

mention here that it has been scientifically proved

that if one is deprived of normal family life for

prolonged period he may not tend to be a normal

human being).

(e) Inadequate compensation benefits for hardship and

risks resulting in unconstructive service

environment.

(f)Inadequate infrastructure support in keeping pace

with due requirements.

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(III) The Forces since do not have separate pay, pension and

service rules therefore, the cadre management is being

done in most haphazard manner, thus resulting in job

stress, dis-satisfaction under recruitment and over

recruitment. This is an important area and needs

urgent attention of government.

(IV) DEPUTATION QUOTA

The issue of deputation for personnel of these Forces is

not being suitably managed. The CPMF Officers and

men should be regularly considered for deputation to

other Ministries, organizations for assuring rich

experience of each other. The departments will highly

benefit from disciplined and dedicated men of CPMFs.

In fact the whole issue of deputation and deputation

quota in Group ‘A’ posts in CPMFs needs a relook on

the following grounds:-

(a) The whole purpose of deputation is to temporarily

import officers from outside organization in the

absence of sufficient eligible officers within

borrowing organizations. In the present case, this

needs to be realistically assessed keeping in view

the functional, professional and operation roles of

CPMFs. These Forces are neither short of

experience nor short of sufficient eligible officers.

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(b) Fixing of certain percentage of deputation quota in

an organization many times plays dubious roles.

Whereas the borrowing organization may suffer

stagnations at various levels the lending

organization may ease out their stagnations

through the borrowing department.

(c) Fixing of percentage of quota works as a double

edged weapon during cadre review. The cadre

strength of the lending organization gets increased

through their own cadre review as well through

cadre review of borrowing department. Whereas

the cadre strength of the borrowing department

gets reduced by deputation percentage during ever

cadre review.

(d) Fixing of deputation quota therefore becomes

unconstitutional unless the ex-cadre posts are

appropriately encadred during every cadre review.

Most of the higher posts including DGs, Special DGs,

Additional DGs and most of the decision making

posts are held by the deputationists in the CPMFs

who are highly inexperienced to the affairs of the

CPMFs. Many times the senior officers including

DG’s are posted to CPMFs with no earlier

experience of these Forces, thus creating a wide

functional and operational gap between officers

and men.

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3. DEMANDS OF THE CPMFs

(I) All the CPMFs since constitutionally and legally are

Armed Forces, therefore their nomenclature should be

changed to Central Paramilitary Forces (CPMFs) from

Central Armed Police Forces(CAPFs). These Forces were

earlier known as CPMFs.

(II) Separate service, pay and pension rules etc be

framed to appropriately compensate the personnel for

the sensitive duty they perform and risk involved in

performance duties.

(III) Restoration of old pension scheme:- In the new

pension scheme which has been implemented with

effect from 2004 Defence Forces have been exempted.

Since most of the CPMFs are fighting extremism and

terror, the martyrdom of the Force personnel is very

high. The dynamics of conflicts zone are very hostile and

complex, this often results in high casualty/injuries to

the security Forces personnel as the anti-nationals are to

be dealt with immediate use of force. At the same time,

peculiar working and service conditions take heavy toll

on the health of Force personnel which requires more

care after retirement and thus have to be ascertained

financial security. The assurance of pension motivates a

soldier towards real patriotism without worrying about

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post retirement financial security, or financial security in

case he becomes incapacitated. Therefore, CPMFs

should be included in the old pension system.

(IV) ONE RANK ONE PENSION(OROP)

Prior to General Election 2014, the government

announced OROP for Defence Forces. However, the

government does not seem to be convinced to plead the

case of CPMFs for grant of this incentive on the ground

that Defence Force personnel retired at an early age.

However, we feel that the early age of retirement of

Defence personnel are fairly compensated by granting:-

(i) Higher salary structure comparing to Civil Service.

(ii) Higher rate of pension.

(iii) Higher rate of commutation.

(iv) Opportunity for re-employment in Civil Service

based on their defence experience.

It may also be mentioned that not all the defence

personnel retire early, the percentage should have

been worked out. As far as difficult service condition

and risk factors are concerned, the CPMFs are no less

hard pressed in comparison to defence forces. If the

principle of OROP is valued by the government for

parity within defence forces, what logic deprives its

application in the uniformed CPMFs engaged in an

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equitable role in service to the Nation. Rather, denial of

equal incentives to CPMFs, just because they are placed

under MHA is discriminatory and unjust. This provision

should be granted at par with Army personnel to all

CPMFs personnel would partially offset the enormity of

neglect with CPMF personnel which they have been

enduring for long.

(V) STATUS OF MARTYR AND EX-SERVICE MEN FOR CPMFs

PERSONNEL

From the role and duties performed by CPMFs, it

becomes abundantly clear that:-

(i) The role of CPMFs is more akin to Army as their

duties involve mainly fighting the

enemy/terrorists.

(ii) They are trained mainly to fight the enemy.

(iii) The CPMF personnel have made numerous

supreme sacrifices in the service of Nation after

independence(approximately 35000).

(iv) They are not deployed on normal police duties

(detection and prevention of crime).

Therefore, the CPMFs personnel must be given the

status of martyr and ex-service men. It may be

mentioned that most of the benefit to ex-service men

(other than reservation in Central Government jobs) are

granted by State Governments, and the deficit in the

benefits of widows of CPMFs personnel in comparison

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to ex-service men of defence service is around 15-20

lakhs. There should not be any discrimination in the

benefits being granted for the supreme sacrifices made

by CPMFs personnel in comparison to defence force

personnel for similar duties. This also makes a strong

case of CPMFs personnel for not equating with them

with Civil Services and separate services and pension

rules. The government has been repeatedly advocating

that they have not yet formally defined MARTYR,

whereas this is a matter of disgust, yet a proposed draft

for consideration is attached (Appendix “ F “).

Delhi High Court in its judgment dated 18th October,

2016 in WPC 6666/2015 have mentioned that persons

“who lay their lives for the cause of country, be they

Armed Force personnel or personnel of Central Armed

Police Forces are socially perceived as Martyr/or

Shahid”.

(VI) PMSP

The Military Service Pay is granted to Defence Force

personnel on the basis of their service conditions which

entail risk to life, social and family isolation. We are of

the considered opinion that the CPMFs personnel too

suffer all time risk to life, social and family isolation

even worse than the defence Forces. In Defence Forces

system of separate family accommodation is existing,

no such system is prevalent in CPMFs, and in fact even

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the satisfaction level of entitled accommodation has

only reached around 13-14 percent against the

sanctioned 25 percent and that also for single and

entitled static location accommodations, which

excludes separated family accommodation. However,

the MSP is entitled even to Territorial Army Officers,

who serve on part time basis. There is no reason that

CPMF personnel should be denied all these

entitlements. It is pertinent to mention here that most

of the CPMF personnel have to maintain at least 3-4

establishments i.e. for their family and education of

their children thereby incurring additional expenditure.

This is all because of peculiar service conditions. The

CPMFs personnel have to incur heavy additional

telephone expenses. During entire career span, the

CPMF personnel, stay most of the time away from their

families and relatives and have to thus meet

considerable telephone expenses.

The CPMF personnel are highly committed on festive

days, thus never able to celebrate festivals or meet

social obligations with family members. The CPMFs

personnel have to also make number of sacrifices in

order to meet the required high standards of

professional expectation.

(VII) EXEMPTION OF GST TO CPC’s

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The Canteen facility of CPMFs in the name of CPC’s was

granted during the year 2006. As on date there are 119

Master Canteens and 1598 subsidiary Canteens. The

CPCs have reached an annual turnover of about 1500

crores excluding vehicle sales. Most of the States had

also granted concession in VAT to the CPCs and

remaining were likely to grant as the matter was under

consideration. With the onset of GST the facility

extended to Paramilitary Society to purchase stores on

cheaper rates has already seized since the present

government has not granted any concession to CPCs in

GST. There is growing unrest and frustration amongst

the paramilitary forces personnel, which may sometimes

culminate to very unfortunate situation. We therefore

request, that appropriate GST concession be granted for

items sold through CPCs. This will go long way in

boosting the morale of CPMFs personnel.

(VIII) WARB

Presently a Welfare and Rehabilitation Board is

sanctioned which works under MHA and has control

over CPCs also. However this is not a statutory board

and it hardly meet the expectations of serving and

retired personnel so far as welfare measures of the

personnel are to be handled. The issue needs

appropriate up gradation and statutory sanction. The

rehabilitation and welfare of CPMF personnel is one

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issue which has always been overlooked for CPMFs, the

welfare related issues are being attended by the present

Welfare Rehabilitation Board (WARB/CPC).

Unfortunately, WARB/CPCs are created on adhoc basis.

Thus need to be converted into statutory bodies and

retired employees are associated for ensuring proper

welfare measures. A proposal in this regard has already

submitted by NCC of Ex-CPMFs Personnel Welfare

Associations to Home Secretary, Govt. of India, on 23rd

August, 2015. To start with such Welfare Boards can be

established in each State where Ex-CPMFs personnel can

be engaged to look after the Welfare issues.

(IX) SEPARATE PENSION RECORD OFFICE/PENSION

GRIEVANCE CELL

This is one area where the retired CPMF personnel find

themselves in total dismay since there is no defined

pension record office or any cell to attend to their

grievances relating to the pensioner benefits. Creation

of such a Central Pension Record Office/Grievance cell is

a matter of urgency and requires serious considerations

at the level of government.

(X) FORMATION OF RESEARH AND ANALYIS WING(RAW)

Most of the administrative and operational decisions in

CPMFs are being presently taken on adhoc basis and

more on personal likes and dislikes since they do not

have feedback system or data banks. Such huge