The Manipur Home Guards Act, 1989

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consolidate and amend the 'canstiiutibn of the Home Guards in'3 Whereas it is expedient toagencies and for other purp
Manipur.
provide ‘a volunteer organisation for use inoses m the State of Manipur.
BE. it enacted by the Legislature of Manipur in the Fortieth Year of the, blic of India as following :— .
 
     VzgéSJBm-t title, extent and comme1 Home Guards Act, 1989.
ncement.—- (1) This Act may be called the
@211: extends to the whole of the State of, Manipur.
_(_3;}"'It~ shall Come into force on such date as the State Government ma ‘?pptification in the official Gazette, appoint. , , y;
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2. ’ Definitions.'—In this Act, unless the context otherwise require:,—
  
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(b) “home guard” means a person Who is! appointed as such, andrihclhaé
an oflicer appointed under this Act; A ' ‘ -
(c) “prescribed” means prescribed by rules framed under this Act;
(a) “Commandant General” includes Additional Commandant (ieti'
Deputy Commandant General and Assistant Commandant General;
((1) “State Govcmment”means the State Goyernment of 'Manipur.
3. Constitution of Home Guards.—(l) The State Government shall, by
notification in: the e—flicial Gazette, constitute for the State of Manipur a
volunteer bcdy called the Manipur Home Guards, the members of whichshall'
discharge 'such functions and duties in relation to the protection of persons,
the security of property, the public safety, the maintenance of essential services
and the preservation of public order and tranquillity as may be assigned 1:0,;
them in accordance with the provisions of this Act and the rules made there;
under : l _ .
Pxovided that the State Government (may, by notification in the oflicial
Gazette, divide the State of Manipur into two '0? more areas and constitute
such a volunteer body for each euch area.
(2) The Home Guards constituted for different areas in the State of Manipur
shall, for the purpose of this Act, he a single’force and the members thereof
shall'be enrolled and such force shall consist of such number of personnel,
and their qualifications and conditions of training and service shall be such
as may be prescribed.
4. Appointment of Commandant General and other Oflicers.—(1) The State
Government shall appointa Commandant General of Home Guards and 1130
appoint Additional Commandant General, Deputy Commandant General and
Assistant Commandant General as the State Government may desire so.
(2) The State Government shall also appoint a Commandant of each of
the Home Guards constituted under section 3.
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5. Superintendance and Administration of Home Guards.—(l) The Superin-
{endance of the Home Guards shall vestin and be exercised by the State;
Government. ;
  
    
(2) The Administration of the Home Guards thr‘oughout the State shall v"
in and be exercised by the Commandant General and in any such officerappomféf?i
ttnder suh-section (1) of section 4. - "
 
6. Appointment of Home Guards and certificate of appointment etc.—(1) S
to, the approval of t the Commandant General, the Commandant mayappo
members of the Home Guards such number 9f persons who are fit andwilfiuk
to serve as may from time to time be determined by the State Government: and»
may appoint any such member to any office ofcommand in the Home Guards. ,7
(2), Nptwithstanding anything epntained, jn,-snb;section ,(l) the Cpmmandant
General may, subjcet to the approval of thegfitatehGevernmem, appoint, any
such member to any post under his immediate control. ’ ‘ L " ' '
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v (3) £3.) Every member of the Hprre Giards shall on enrflment receivencertificate in the fcrm specified in the Schcaule, under the seal of the Comman—dantheneral in the ease of oflicersand of the Commandant in the case oi"~Volunteersday virtue of which the person holding such certificate shall be vested,With the powerh and privilege of a member of the Manipur Horne Guards.(1))“ Such certificate shall cease to have effect whenever the person named.in it Ceases’to have a member of Home Guards and on his so ceasing shall withinten days be'surrcndered by him to the Commandant General if he is an officerand to the Commandant in all other 'cases.‘1‘” , , . A . ‘(4) The term of oflice for which a member of Home Guards may be required '
to serve will be such as may be prescribed.
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. , 7. Training, functions and dutieS.—'Ihe Commandant General ,or the Commem-dant in any area may, at any time, call out a member of the Home Guards for
training or“ to discharge any. of the functions assigned to the Manipur HomeGuards in accordance with the provisionsef this Act, and rules made thereunder.
8. .Powers, protection and control.—(l) A member of the Home Guards when‘mlIed out under seétion 7 shallhave the same powers, privileges and protectionnsan offiéer of police appointed under any enactment for the time being in force.
itutcd against a member of Home Guardrtcd to be dbEN: by himin the dischargehis’ function or duties as such member of Home Guard, except with the previous
9. Control of members of Home Guards.—The members of the Home Guardswhen calledbut tor undergoing training or in the aid of police force, shall
be under the control _of the officers of such force, in such manner and to
such extent as may be prescribed.
10. Certificates,
member of Home Guards—(l) Every member offor any reason ceaseé
clothings and other necessaries .which have been furnished to him as such
member of Manipur Home Guards.
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clothings or other newssaries not soshall be exetrtm in_accrrrarcc Nth tle piovisions of thProcedure, 1973 (2 of 1974) by a police officer or if the Mathger 5§5P538 the warrant so directs, by any other person._:-., -(3)-‘~ Nothing in this sedion vahall be deemed to apply to any article whiqhunder the orders of the Commandant. General has become the property of theperson to whom the same ‘33.. furnished. ' '
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11. Punishment for neglect of duty etc.——(l) The Commandant shall have the
power to suspend, reduce or dismiss or to impbse tine th exceeding a sum of
, rupees two hundred ani fifty on any member of the Home Guards under his‘
control, if such member neglects or rufuses to discharge his functions and duties
as. a member of the Manipur Home Guards oridiSObeys any lawful-‘order or
direction given to him for the due performance of his functions and duties or‘ is
guilty of any breach of the discipline or misconduct. ,_
(2) The Commandant General may in respect of any member of Home
Guards appointed toa postimmcdiately under his control impose any penalty
specified in sub—section (1) and may also dismiss any member of the-Manipur;
Home Guards on the ground of conduct which has led to his conviction on a
criminal charge. ‘ '
(3) Notwithétanding anything contained in this Act, the Commandant
General or the Commandant may discharge any member of the Home Guards
at any time Subjea to such conditions as maybe prescribed, 'if in the opinion-
of the Commandant General or the Commandant, as the case may be; services-
of such member are no longer required. ' . -
(4) When the Commandant General or the Commandant passes an order
suspending, reducing, dismissing or imposing fine on any member of the Manipur
Home Guards, .under sub-section (l)or subsection (2) he shall do so only after
due enquiry and shall record such order together with the reasons therefore and'
no ordershnll be passed by the Commandant General or the Commandant
unless person concerned is given areasonable opportunity to be heard in his
defence. -' ‘ -
(5) Any member of the Manipur Home Guards aggrieved by an order of
the Commandant may appeal against such order to the Commandant General and,
if aggrievod by an Order of the Commandant General, may appeal against such
order to the State Government. The appeal shall be filed within” forty-five days
from the date on which the order is received by such aggrieved person.
(6) TheCommandant General or the State Government may. ‘ either suomotu
or on application call for and examine the records of any order passed by any
ofiiccr subordinate to him or it under this Act for the purpose of satisfying him-
self or itself as to the legality or propriety of such order and may pass such:
order with reference thereto as he or it thinks fit. .
(7) Notwithstanding anything contained in any other law,—
‘(a) any order passed in revision under snb—soction (6);
(b) subject to such order in revision any order passed in appeal under
~ sub-section (5);
(c) subject to the orders in revision and appeal aforesaid, any order passed I
by the Commandant General or the Commandant under sub—section (1) ‘
, and (2);
shall be final.
. (8) Any fine imposed under this section may be recovered in the manned
provided by the Code of Criminal Procedure; 1973 for the recovery of fine impowd
by a Court as if such fines were imposed by a Court.» : y. . ’ i
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12. Penalties for breach of duties etc.—(l) Every m:mber of Home Guard,who is guilty of any violation of duty or wilful breach or neglect of anyprovision of this Act or of any rule or lawful order made by competentauthority or who has withdrawn from the duties of his otfice without permissionor who being required to undergo training under section 7 or being calledout under section 9 without snlfizient came neglects or refuses to obey therequirements or the order calling him out or who is guilty of cowardice or offersanyunwarranted personal violence to any person in his custody or who failswithin thirty days to surrender his certificate, arms, accoutraments, clothingsand other necessaries under sub-section (1) of section [0 shall be punishable withsimpleimprisonment for a term which may extend tothree months or With finewhich may extend to two hundred and fifty rupees or with both. -(2) An oflence punishable under sub-section (1) shall be cognizable.(3) The Commandant General or subject to the control of the CommandantGeneral, the Com
may for any act of commission or omission punishable under sub—section (1) awardto any member of Home Guards,-withaut formal trial, who is subject to hisauthority, any of the following punishments namely,
(a) imprisonment in the quarter guard of a police line or such other placeas may be considered suitable, for a term which may extend to 28 (tWentyeight) days when the order is passed by the Commandant Generalor to 7 (seven) days when 'it is passed by any other officer. Suchimprisonment shall involve the forfeiture of pay and allowances, if any,for the period of imprisonment;
_ '(b) punishment drill, extra guard, fatigue or other duty not exceedingtwenty eight days in duration with or without confinement to the linesas may be appropriate.
.(4) No proceedings shall be instituted in any Court under tsub-section (1)without the previous sanction of the State Government. V
k13. Power to make mles.— (l) The State Government: may make rulesfor carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoingpOWer, such rules may provide for all or any ofthc following matters, namely:—(a) regulating the powers exercisable by the- Commandant General andthevCommandant under section 7 and providing for the exercxse by anyofficer of Manipur Horne Guards of the said power;
(b) the exercise of control by officers of‘ thepolice OVer members when.acting directly in aid of the police force;(c) regulating the organisation, anpointment, conditions of service, duties,discipline, arms, accoutrcments and clothings of the members of HomeGuards and the manner in which they may be called out for serviceincluding prescribing their terms of office;
(d) conferring on members according to their ofl‘ice any powers other thanthe powers of an Executive or Judicial Magistrate exercxsable by anyperson under any law for time being in force; and
(e) any other matter which has to be, or may be prescribed.
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(3) Every rule made undex this Act shall be laid, as soon as may be,
‘hefore the House of the State Legislature while it is in session, for a tots
petiod of twenty days which may he comprised in one session or in two or
more successive sessions, and if, before expiry of the session immediatelv
following on successive sessions aforesaid, the House agree in making modificatiu
in the rule that the rule should not be made, the rule shall thereafter have
efiect only in such modified form or he of no effect, as the case may he,so,
however, that any such modification or amendment shall be without prejudice
to the validity of anything previously done under that rule.
14. A member of Home Guards to be public Servant—A member of Manipur
Home Guards acting under this Act shall Ire deemed to he a public servant
within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
15. A member of Home Guards not disqualified for election to State
Legislature or Local Bodies—(l) Amember of Manipur Home Guuds shall
not be disqualified for being chosen as and for being a member of Manipur
Legislative Assembly of the"'State of Manipur merely by reason of the fact that
he is a member of the Home Guards.
(2) Notwithstanding anything contained to the contrary in any other law
for the time being in force, a member of'the Manipur Home Guards shall not
be disqualified for being chcsm as and for being a member 0f any local
authority merely by reason of the fact that he is a member of Manipur
Home Guards or that he holds any office of profit under the. Government
by virtue of his being a member of the Manipur Home Guards. ‘
~ 16.. Repeal and Savings—(l) The Manipur Home Guards Act, 1966 (Manipur
Act No. 7 of 1966) is hereby repealed. ' .
(2i Notwithstanding such repeal, anything done or action taken (including‘
anyappointment or_ delegation made, order or direction issued, rules made under
that Act etc.) under the said" Act shall be deemed to_ have been done or taken.
under the corresocnding provisions 0f.this Act and shall continue in forfi
accordingly unless supereeded ‘by anything done or any action taken under ‘
{elevant provisions of this Act. -
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THE SCHEDULE”
{See section 6 (3)]
Form of certificate of appointment
Shri ~~~~~ son of — —- —— —— resident of —- --
has been appointed a Home Guard under section 6(3) of the Manipur Home
Guards Act, 1989.
When lawfully on duty, he shall have the same powers, privileges andprotection as an ofiicer of police appointed under any enactment for the timebeing in force-
Date of appointment.
Ptace ; ' Signature and Seal of the PrescribedDate : Authority.
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