Bare ActsThe andaman and nicobar islands home guards regulation 1964

Section 13

Amendment status not verified — confirm the current text below against the official source.

(1) The Area Commandant may; by order in writing, suspend Suspension / ' cr remove from the Home Guarda any member of the 'Home Guards or removal, _ under his control,- . ~~ ~I~(a) who on being called out bY. an order under section 6, \" ~thout reasonable cause neglects or refuses- ., ~ (i) to obey such order, or (ii) to exercise the powers and discharge the duties as a member of the Home Guards, or (iii) to obey any lawful order or direction given to him a member of the Home Guards; Of, . -. (b) who is guilt! of any breach of discipline Or of any misconduct. --- _ •. ~Lo ~. ~~Cl"'T""'IIi:O "'L<L~ ~ •••• -- ••..•. ---- ..••••• J -- ---J.--- ..•. mem))e:r-'of the Home Gu~ appoiAted to a post under his ·:ilnll't~dIi*e control and may also dismiss any member ef the Hom-e- Gum-ds on the ground of conduct which has led to his conviction on a. criminal charge. (2) N"O 1)l'oer ~!iier sub-seetion (1) shall be passed unless the lIt :bel' of the Home GuaJ!'\ds affee.ted by sUC1h ()rder is giVeLt an 'QpJlQftuniiy to be' hsard in his aefence: Pr~ded that this sub-seetion shall net apply where a member of the 'Home Gttal"cl.s is d'i:smissed on the ground of eon dud- whieh has ·le!.l to 1ris {!onvietion on a criminal cha~e. / (3) The suspension or removal of a member of the .Home Guards ./ nude! this sectio~ shall be in ad~ition to any penalty to w?ich s~ch member may be liable under section 14 or any other law for the time being in force . . s. H. (I) If any member of the Home Guards, on being cal:'l'e-d out by an order under section 6, without reasonable cause neglects or 'refuses- ,\. /- :: : :~;C:':h::~:~S and discharge the duties as a .\ ~ member of the Heme Guanis, or (c) to obey any lawful order or direction given to him as a member of the Home Guards, fi. ali, 00. amviction.' be pu.nishabl-e- with simple ·lmprisonmelll.t for a tarm whieh may e:x:te.nd to wee months, or with fine whiea may extend to two hundred and fifty rupees, or with both. (4! If -any member af the Home 'Guards wilfully neglects or / refuses to deliver up his certificate of appointment or ~y other article in accordance with the provisions of sub-section (1) of section 12, he shall, on conviction, be punishable with imprisonment wbicb.--mc(y extend to ene IDo.nth, or with fine which may extend to one hundred rupees, or with both . ..J {3) lie p:ro-ceeding shall be lnstituted under sub-section (1) or sub-section (2) without the previous Sanction of the Commandant. I _ C~) A ~cre ·oamcal' may arrest without warrant any person who J commits an offence punishable under this section. _< ----.... _ ..•. - - ;, \ , .; / . ~ revision. • of the A!n€a Commandant may appeal a~st such order to the Commandant and any member aggrieved by an order of the Com- \ mandaar, (aot he~ an order passed in appeal) may appeal against • such order to the Chi€f Cemrnission within dililrly days of the elate on which he was served with notice of sach order. The Commaadant or the Chief Commissioner, as the case may' be, may pass such order as.he tlMnk:dit.aonUnning. modifying or amg,Hi;n~ lhe order appealed against. (2) The Chief Commissioner may of hi own motion or on applkati:on call for and examine the record, of any order passed- by , the A:r,ea Commandant or a Commandant and revise, after such inquiry as he may deem necessary, any such order: , <; ./ / Provided that no. order prejudicial to a .person shall be passed under this. sub-section without giving him a reasonable opportunity of befng heard : Provi~ fUllther that the. Chief Comanssicaer &hall 'Rot issue any order under this sub-section in any- case- (a) where an appeal against the order lies and the time within whic.h. such appeal can be made has not expired or the. person has not waived his right to appeal; (b) where the order is the subject of an appeal; (c) where the application is made by an aggrieved person for such revision, unless the application is made within ninety days from the date on which 1:tte order was served on the applicant. )..6'.: .(1-). The Chief Commissioner may make ruJes to carry out Power to an' ~ ~-'y::81 '&e :p\lnpos.es of this Regulation. - make rules. ,(4) In ~ 'cular and. without prejudice to the generality of the foregoing po er, such rules may provide for or regulate the following 'matters, narrte-J,:- (d) all matters expressly required or allowed by this Regulation to be prescribed; (b) the organisation, qualifications, appointment, discipline. training, arms, accoutrements, clothing, conditio-ns of service, powers and duties of the Home Guards; (c) the exercise by any officer of the Home Guards o~ the powers conferred by section 6 on the Area Commandant and the Commandant: . ' .. .. •• ! I ~ I .1 :J r I I' ~ I " i I " ; .l ." " ~f ?! ~ ': ':'II .! , l· r- t '" r ~ . '. ; . t.-J I l 1 ,·t p_ t~ ...., . i .. - "'- 1 -' 'I . ('o~~~ ~~em.ber~-~f-;he H~;'G~~ds acting in aid of the police'. • ~ .. ~ ~ .. /" force; :. ~... . .•.•. .\:~ ~ . (e) the eonstitution of the authority for the purpose of : ;' section 9 and. the manner in which such authority may conduct "- any inquiry u.nder "this Regulation. J)) All rules made under this Regulation shall be pub&hed ill the Official Gazette. .. . •.. - ... <~.'l &-, ,.,:! •••• -~-:'1: .. -": , •..

Section 13 – The andaman and nicobar islands home guards regulation 1964 | DailyLaw.ai