The Meghalaya Subsidiary Force Act, 1971 Act No.8 Of 1971

MEGHALAYA ACT 8 OF 1971
THE MEGHALAYA SUBSIDIARY FORCE ACT, 1971
(As passed by the Assembly)
[Received the assent of the Governor on the Third July, 1971 ]
(Published in the Gazette of Meghalaya , Extraordinary, dated the 6 t h July, 1971 )
An
Act
to provide for the constitution of a force in Meghalaya to be known as the Meghalaya
Subsidiary Force.
Be it enacted by the Legislature of Meghalaya in the Twenty-second Year of the Republic
of India as follows:-
Short title and
commencement.
1. (1) This Act may be called Meghalaya Subsidiary Force Act, 1971.
(2) It shall be deemed to have come into force on the 4th day of June,
1971.
Definitions. 2. In the Act, unless there is anything repugnant in the subject or
context:-
(a) “Force” means the Meghalaya Subsidiary Force con stituted
under this Act;
(b) “Government” means “the Government of Meghalaya”;
(c) “Prescribed” means prescribed by rules made under this Act;
(d) “Relief Camp” includes any place, locality or area as may be
declared as Relief Camp by Government for the purpose of
this Act.
Constitution of
Meghalaya Subsidiary
Force.
3. (1) In Meghalaya or part thereof, the Government may raise and
maintain a Force to be called Meghalaya Subsidiary Force which shall
consist of such number of persons and shall be constituted in such
manner as the Governments may, by order, direct.
(2) The Force in Meghalaya shall for the purpose of this Act, be
deemed to be a single force and the members thereof shall be formally
appointed.
(3) There shall be paid to each officer and member of the Force
such monthly salary, remuneration or honorarium as may be
determined by the Government from time to time.
General
superintendence.
4. (1) The general superintendence of the Force throughout
Meghalaya shall vest in and shall be exer cised by the Government
through an Officer to be styled as the Director of the Subsidiary Force
in such manner and to such extent as the Government of Meghalaya
may deem fit.
(2) Subject to sub -section (2) of section 3, there shall be a
Commandant of the Force for every district, or part thereof and such
other officers subordinate to him as may be necessary.
Appointment of
officers and members.
5. (1) The Director of the Subsidiary Force and the Commandant
shall be appointed by the Government in such manner as may be
determined by the Government.
(2) The appointment of other officers and members shall be made
in such manner and by such authority as may be deter mined by the
Government.
Duties and functions of
the Force.
6. (1) The following shall be the duties and functions of the Force,
namely:-
(a) to assist aid the police in the maintenance of law and order in
Meghalaya;
(b) to report to the Deputy Commissioner, in such a manner as
the latter may direct, all crimes, unnatural deaths or serious
accidents;
(c) to prevent commission of any cognizable offence;
(d) to apprehend and deliver to the competent authority vagrant
or bad and suspicious character, found within their
jurisdiction;
(e) to collect and communicate to the Deputy Commissioner
intelligence affecting law and order and any matter relating to
any village or town administration.
(f) to protect Government and other public properties;
(g) to obey and execute promptly all orders and warrants lawfully
issue by any court;
(h) to act under the orders of the Deputy Commissioner and to
furnish such returns and information as may be called by the
Deputy Commissioner and his subordinate officers;
(i) to assist the Deputy Commissioner and the subordinate
officers in maintaining order and discipline in Relief Camp;
(j) to do other social work as my be entrusted by compete nt
authority; and
(k) to perform such other duties as are specified under other
provisions of this Act and as the Government may, from time
to time, by general or special order specify in this behalf.
(2) Every officer of member shall have the power to ar rest any
proclaimed offender or any person who in his view commits a non -
bailable and cognizable offence. Any person so arrested shall
without unnecessary delay be taken or caused to be taken in custody
to the nearest Police Station or Magistrate. The arrested person shall
be produced before the nearest Magistrate within  a period of 24
hours of such arrest excluding the time necessary for the journey
from the place of arrest to the court of the Magistrate.
Duty , Training of
officer and member.
7. (1) Subject to any rules made in this behalf, it shall be the duty of
every officer and member of the Force promptly to obey and execute
all orders issued to him by any competent authority.
(2) Subject to any rules made in this behalf the officers a nd
members of the Force may be required to undergo such training as
may be prescribed.
Uniform. 8. The officers and members of the Force shall wear such uniform and
shall use such equipments as may be prescribed by the Government
from time to time.
Bar to prosecution. 9. No prosecution shall be instituted against any officer or member of
the Force in respect of anything done or purported to be done by him
in the discharge of his duties, except with the previous section of the
Government or some officer empowerment by the Government in this
behalf.
Penalty. 10. (1) Every officer or member of the Force who is guilty of any
violation of duty or wilful breach or neglect of any provision of this
Act or any rule or lawful order made by competent authority, of
withdrawal from the duties of his office without permission or who
being required to undergo training without sufficient cause neglects or
refuses to obey the requirements for training, shall be punishable with
imprisonment of either description for a term which may extend to
three months or with fine which may extend to rupees two hundred
and fifty or with both.
(2) The offence punishable under sub -section (1) shall be
cognizable.
Suits, etc., against
officers and members
acting in good faith.
11. No suit, prosecution or legal proceeding shall lie against any officer
or member of the Force for anything done in good faith under this
Act.
Power to make rules. 12. (1) The Government may make rules for carrying out the purposes
of this Act.
(2) In pa rticular, and without prejudice to the foregoing powers,
such rules may provide for or regulate all or any of the following
matters, namely:-
(a) all matters which are required by this Act to be prescribed;
(b) the organisation, appointment, conditions of service,
functions, discipline, equipments, or uniform of the Force and
the manner in which they may be called out for service or
required to undergo training, and
(c) any other matter.
Repeal of Meghalaya
Ordinance 4 of 1971.
13. The Meghalaya Subsidiary Force Ordinance, 1971, is hereby
repealed.

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