Amendment status not verified — confirm the current text below against the official source.
(1) A member of the Home eluards shall be required to serve the Govemm6llt fer such period as may be 1>l'es6i:bed but any such wember may be discharged from .the Home G~ :a1 allY' time by such authority on such grounds and subject to such cOll:dktLOllfS as may be prescribed: . - Provided that it shall not be necessary for "Such' .ty to disclose the grounds if such authority considers .that su~ disclosure wm be against the public interest, .. (2) An order of discharge UD.rl.er. "Snb~seclirl:mi . V,) shlill:1b~ :mal. .• ~ Area C~:gdant may, by.~uer, at·WlY .timeltZaij,·Qut- ~~~ mknber el the Home Guards fen; traoong or fur ..exenei . ·the uarda. powers and discharging the duties, whe~e.r within or .aut:sid.e - -. '", _-- ! " I f , -Y- .•.. t ;~ n ~ I- l)_:f ., ~ ;.. . t . . l J.l), .A member of the Home Guards, when called out by an ~~ ~~:Wl~ s.ectio:o. 6, •.. all have the same powers, privileges jaad ~ ~ec- ~ ~.~e.c1i.oJJ. .~ aa ~ of :police appointed under any law for the.~ tko.e being in fol'~e.. Guar~ .. _.; ~~ Ne ~~ Shall be instituted ag-ainst the member of the: H"Ome Gumds in . respect of anything done or purported to be J done bY'him in the exereise of his powers or thte discharge of bfs dnhres. as· sach. member except with the previous sanctton of the C.o.rtI.Bl.'al.ld:.allt. »: 8.' A member of the Home Guards, when called out by an order ~trol ~Y /" under se~tion 6, in aid of the police force, shall be uruiel' $e 0OOtTol poliC;ell~ . . oJ. .th.e officers of police force in such manner and to such extent as \ . may be" '·l'es6:fhed. "" ., -. 9t '{1} oF! sh:1tB be the duty of every employer by whom a person Reinstate- "~e:ui"'b>y an oroer' under sectren 6 is employed to grant him ~ilt ~~ploy eh t~ <1,9 m:ay: be' necessary and to reinstate him in his employ",:' ::;~r~ meDt'en- tae-:Jte:mti:nation of the period during which he has been so under see- ~ -out. in aD occlifJativ.n and 1lnder conditions not less favourabM.non 6. t~.rum than t.hose- 'Which would have been applicable to him had he not been 00 called out: ~ •.•... , . I I ~ . Provided that' if the employer refuses to reinstate such person or'~S"':trts 'tiabItity to reinstate such person or if fo-r any reason th'e" ·re.i:!tlstatement" of such person is represented by the employer to be tm:pra~tieabl'e, either party may reter the matter to the prescribed ::rt:Ithe and that authority shall, after considering m matters ifflc?II:a:y be put hefore it and after making such further inquiry :L:xto thwatter as may be prescribedl..pass an order- _....; (0) ~pUng the empl<>yer from the provisions dt this ~D;, OJ' (b) requiring him to re-employ such person on sueh terms as that autJromy think'S suitable, or (c) requiring him to pay to sueh person by wa.y of compen- sation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his Iastrermmeration was payable' to him by the- employer. f I , • ~.,,/ --""" . :."f .. certain ghts of rrsons cal- i out ider etion 6. Iyand . QWIllCU ". :--. - ~ \&.1/ LAo Q.J..J.J t::.1LL'pJ..V:J \:"L ..._~ \,o'V ••.• v~ ..••.•. t""i'".J , •.•.••. ,.. ..•..•.•..•. ...._ •....•.... - -- _-- __ ~. __ . __ (b) or clause (c) of the proviso to sub-section (1), he shall-be ptU.lls.h~ able with fine which may extend to one thousand rupees, and the court by which the employer is convicted under this section shall order him (if he has not already been so required by the' said authority) to pay to the person whom he has failed to re-employ a sum equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer, and any amoun1. so required to be paid either by the said authority or by the court shall be recoverable as if it were a fine imposed by such court. (3) In any proceeding under this section it shall be a ~efence fop the employer to prove that the person formerly empl~ did not apply to the employer for reinstatement within a pertod of two months from the termination of the period during whieh hewas ealled out by an order under section 6. (4) The duty imposed by sub-section (1) upon the employer to grant leave to such person as is referred to in that sub-section or fo reinstate him in his employment shall attach to the employer who, before such person is actually called out by an order under section. ~, terminates his employment in such circumstances as to indicate- an intention to evade the duty. imposed by that sub-section, and sueb. Intention shall be presumed 1ll'l±U the contrary is proved if the t~ nation takes place after the issue of an order relating to that pers:®n under section 6. .. .... "-, .....- ..... - .. - OJ