The MADHYA PRADESH BHUMI SENA ADHINIYAM, 1981

Madhya Pradesh · state statute

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THE MADHYA PRAD ESH BHUMI SENA
ADHINI YAM, 1981
[No. XL of 1981]
[4th November, 1981]
CONTENTS
Rules
1. Short title, extent and commencement
2. Definitions
3. Constitution of Bhumi Sena
4. Superintendence and administration of Bhumi Sena
5. Commandant General and other officers
6. Eligibility to be Commandant General or Officer subordinate to him
7. Appointment of Bhumi Sainiks
8. Duties and training of Bhumi Sainiks
9. Discharge
10. Uniform
11. Calling out Bhumi Sainiky
12. Control over Bhumi Sainiks
13. Powers and protection of Bhum i Sainiks
14. Penalty
15. Rules
Annexure

THE MADHYA PRADESH BHUMI SENA
ADHINI YAM, 1981
[No. XL of 1981]
[4th November, 1981]
An Act to pro vide for the constitution of Bhumi Sena .
Be it enacted by the Madhya Pradesh Legislature in the Thirty -secon d
Year of the Republic of India as follows: —
1. Short title, extent and commencement. —(1) This Act may be called
The Madhya Pradesh Bhurni Sena Adhiniyam, 1981.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall come into force on such date as the State Government may,
by notification, appoint.
2. Definit ions. —In this Act, unless the context otherwise requires, —
(a) “ Bhumi Sain ik” means a person who is appointed a such under this
Act;
(b) “ Bhumi Sena ” means a force raised under Section 3;
(c ) “Brigade Commandant ” means an officer of Bhumi Sena appointed
as Brigade Commandant under this Act;
(d) “Commandant General” means the Commandant General appointed
under Section 5;
(e) “Project Commandant ” means an officer of Bhumi Sena appointed
as Pr oject Commandant under this Act.
3. Constitution of Bhumi Sena. —(1) The State Government may create
a body of persons to constitute a force therefrom called Bhumi Sena.
(2) The objects of constituting a force under sub -section (1) are —
(a) to create emp loyment opportunities to the unemployed youth by
ensuring their participation in nation building activities and thereby
creating lasting assets for the benefit of the people;
(b) to render or to. provide assistance in any general programme of
public welfa re;
(c) to provide such other assistance and to do such other work as may
be directed by the State Government;
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(d) to perform such other functions ancillary to aforesaid as may be
entrusted by the State Government from time to time.
(3) Bhumi Sena may c onsist of Brigades and each Brigade may consist
of one or more project units.
(4) A Brig ade or project unit of the Bhum i Sena shall consist of such
number of officers and sainiks as may be ordered by the State Government.
(5) The conditions of training a nd service including honorarium and/or
board or lodging of the officers and Bhumi Sainiks shall be such as may be
prescribed.
4. Superintendence and administration of Bhumi Sena. —(1) The
superintendence of the Bhumi Sena throughout the State shall vest in and shall
be exercised by the State Government through the Commandant General, in
such manner and to such extent as may be prescribed.
(2) The administration of the Bhumi Sena shall vest in the Commandant
General, and such other officers subordinate to h im as may be appointed under
this Act.
5. Commandant General and other officers. —(1) There shall be a
Commandant General of Bhumi Sena and officers subordinate to him as may be
appointed under this Act.
(2) The Commandant General shall be appointed by th e State
Government.
(3) The appointment to an office subordinate to that of the Commandant
General shall be made in such manner as may be prescribed.
(4) The manner of appointment to the posts under sub -section (2) and
sub -section (3) shall be either by d eputation or on contract of a person eligible
for appointment under Section 6 for a period not exceeding three years in the
first instance, extendable by a further period of two years, provided that no
person shall continue in service after attainment of a ge of 58 years.
6. Eligibility to be Commandant General or Officer subordinate to
him. —(1) No person shall be eligible for appointment to the office of the
Commandant General unless he —
(a) is or has been a member of Armed Forces of the Union holding ra nk
of Brigadier or above; or
(b) is or has been member of a Police force or other Armed forces of a
State holding rank equivalent to a Deputy Inspector General of
Police.
(2) No person shall be eligible for appointment to an officer rank
subordinate to t he Commandant General unless he is or has been a member of
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the Armed forces of the Union holding such rank as may be prescribed or a
member of Police force or other Armed forces of a State holding rank
equivalent to a Deputy Superintendent of Police.
7. A ppointment of Bhumi Sainiks. —(1) Subject to the provisions of
this Act and to the rules made thereunder any person willing to serve as a
Bhumi Sainik and possessing such qualifications as may be prescribed may be
appointed a Bhumi Sainik.
(2) The appointm ent of a Bhumi Sainik shall be made in such manner
and by such authority as may be prescribed.
(3) (a) Every officer and every man of the Bhumi Sena shall receive on
his appointment a certificate in the form annexed to this Act under the seal of
the Comma ndant General in the case of officers and of the Project Commandant
in the case of men, by virtue of which the person holding such certificate shall
be vested with the powers and privileges of Bhumi Sainik.
(b) Such certificate shall cease to have effect whenever the person
named in it ceases to be a Bhumi Sainik and on his so ceasing, shall
im mediately and in any case within 10 days, be surrendered by him to the
Commandant General if he is an officer and to the Brigade Commandant in all
other cases.
8. D uties and training of Bhumi Sainiks. —(1) Every Bhumi Sainik
shall be bound to perform such duties as may be prescribed.
(2) Subject to any rules made in this behalf, it shall be the duty of
every Bhumi Sainik promptly to obey and execute all orders issued to him by
the competent authority.
(3) Subject to any rules made in this behalf, a Bhumi Sainik may be
required to undergo training for such period in such manner as may be
prescribed.
(4) After completion of his training a Bhumi Sainik shall serve as a
Bhumi Sainik for a total period of not exceeding three years which may be
comprised in successive period of five years, so however that in each year the
period of service shall not extend beyond a continuous period of seven months.
9. Discharge. —(1) Every officer and man of Bhumi Sena shall be
entitled to receive his discharge from the Bhumi Sena on the expiration of a
period of five years provided in Section 8 but any such person may, before he
becomes so entitled, be discharged by such authority and subj ect to such
conditions as may be prescribed. (2) The prescribed authority may, subject to
such conditions as may be prescribed, dismiss any officer or man from Bhumi
Sena.
10. Uniform. —Officers and men of the Bhumi Sena shall wear such
uniform as may be p rescribed.
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11. Calling out Bhumi Sainiky. —The Project Commandant shall hold
the charge of a project unit and he may by an order made in such manner as
may be prescribed call out any Bhumi Sainik for the performance of any duty as
may be assigned to the Bh umi Sena in accordance with the provisions of this
Act and the rules made thereunder during that part of the year in which he is
not required to render service under sub -section (3) of Section 8.
12. Control over Bhumi Sainiks. —The Bhumi Sainiks shall at a ll times
when undergoing training or in the course of their regular duties be under the
control and subject to the orders of their officers.
13. Powers and protection of Bhumi Sainiks .. —(1) Subject to the
provisions of this Act or the rul es made thereunde r a Bhum i Sainik when on
duty shall have the same powers, privileges and protection as a public servant
under any enac tment for the time being in forc e.
(2) No prosecution shall be instituted against a Bhumi Sainik in respect
of anything done or purportin g to be done by him in the discharge of his duty as
a Bhumi Sainik, except with the previous sanction of the State Government or
some officer empowered by the State Government in this behalf.
14. Penalty .—(1) Every Bhumi Sainik who is guilty of any violat ion of
duty or wilful breach or neglect of any provision of this Act, or of any rule or
lawful order made by competent authority, or who withdraws from the duties of
his office without permission or who on being required to undergo training
under Section 8 or being called out under Section 11 without sufficient cause
neglects or refuses to obey the requirement or the order calling him out, or who
is guilty of cowardice or offers any unwarrantable criminal force to any person
in his custody, or who fails wit hin ten days to surrender his certificate under
sub -section (3) of Section 7 shall be punishable with simple imprisonment for a
term which may extend to three months or with fine which may extend to two
hundred and fifty rupees or with both.
(2) An offenc e punishable under sub -section (1) shall be cognizable.
(3) The Commandant General, or, subject to the control of the
Commandant General, Brigade Commandant, Project Commandant or an officer
not below such rank as may be prescribed, may, for any act of co mmission or
omission punishable under sub -section (1) without formal trial, award to any
Bhumi Sainik who is subject to his authority, any of the following punishments,
namely —
(a) imprisonment in the quarter guard of a police line or such other
place as may be considered suitable, for a term which may extend to
twenty eight days when the order is passed by the Commandant
General, or to seven days when it is passed by any other officer.
Such imprisonment may involve partial or full forfeiture of pay,
honor arium and allowances, if any, for the period of imprisonment;
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(b) punishment drill, extra guard, fatigue or other duty, not exceeding
twenty eight days in duration, with or without confinement to the
line as may be appropriate.
15. Rules. —(1) The State G overnment may make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power such rules may provide for or regulate all or any of the
following matters, namely —
(a) all matters whi ch are required by this Act to be prescribed;
(b) the organization, appointment, conditions of service, functions,
discipline, arms, accoutrements, clothing and uniform of the
Bhumi Sainiks and the manner which they may be recruited, called
out for serv ice or required to undergo training and discharge of
their duties.
(c) the exercise by a Bhumi Sainik of any of the powers exercisable
under Section 13.
(3) All rules made under this Act shall be laid on the table of the
Legislative Assembly.

ANNEXURE
FORM OF CERTIFICATE
[See Section 7 (3) (a)]
Name ………………. son of ………………….. Resident of ……………….
has been appointed an officer/man of the Bhumi Sena under Section 7 (3) (a) of
the Madhya Pradesh Bhumi Sena Act, 1981. When lawfully on duty, he shal l
have the same powers, privileges and protection as an officer of police
appointed under any enactment for the time being in force.
Place …………….. Date of appointment
Date …………….. Com mandant General of Bhumi Sena, Madhya
Pradesh
Brigade Commandant of the Bhumi
Seal ………… Sena ……………..

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