Amendment status not verified — confirm the current text below against the official source.
Subs. by the A, O. 1950 for (Provincial Government). 231 [The United Provinces Rakshak Dal Act, 1948] [Section 10-12] (b) without sufficient excuse neglects or refuses to obey the orders of his superior officer or fails to discharge his functions as a member of the Rakshak Dal while on duty; or (c) deserts his duty; or (d) contravenes any provision of the Rules and Regulations made under this Act, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both. Non-judicial disposal of minor offences of the members of the Dal other than officers 10- When a member of the Rakshak Dal other than an officer is charged with an offence punishable under section 9, the Administrative Commandant or, if so authorized in writing by the Administrative Commandant in that behalf, any Gazetted officer or any honorary officer of equivalent rank under whom the member of the Dal is for the time being serving, may direct that the charge shall be dealt with without formal trial and thereupon the officer, commanding the detachment, may award to such member any one or more of the following punishments, namely:- (a) confinement in such place as may be considered suitable for a period not exceeding seven days, (b) punishment drill, extra work, fatigue or other duty, not exceeding thirty days in duration, with or without confinement to quarters; (c) forfeiture of emoluments for a period not exceeding one month. Non-judicial disposal of minor offences of members of the Dal other than officers and Rakshak (non-gazetted officers) 11- When a member of the Rakshak Dal, who is a non-gazetted officer, is Charged with an offence punishable under section 9, the Administrative Commandant or, if so authorized in writing by the Administrative Commandant in that behalf any gazetted officer or any honorary officer of equivalent rank under whom the member of the Dal is for the time being saving may without formal trial award such member any one or more of the following punishments, namely: - (a) reduction to a lower grade or a lower class or to the ranks: (b) forfeiture of pay and allowances for a period not exceeding one month; (c) punishment drill, extra work or other duty not exceeding thirty days in duration; (d) reprimand or severe reprimand. Non-judicial disposal of minor offences of gazetted officers 12- When a gazetted officer or an honorary officer of an equivalent rank is charged with an offence punishable under section 9, the Administrative Commandant, may, without formal trial, reprimand or severely reprimand such officer or may refer the matter to the [State Government]1 for orders. ------------------------------------------------------------------------------------------- 1- Substituted by the A. 0, 1950 for (the Provincial Government). 232 [The United Provinces Rakshak Dal Act, 1948] [Section 13-18] Trial of offences 13- An offence punishable under section 9, shall, if the charge is not disposed of under sections 10, 11 or 12 be tried by a Magistrate of the first class having jurisdiction. Power of state Government to award punishment 14- Without prejudice to any other punishment which the [State Government]1 may impose under any other law or rule, for the time being in force, the [State Government]1 may on a reference under section 12 or on its on motion award to a gazetted officer or an honorary officer of an equivalent rank all or any of the following punishments; namely :- (a) reprimand or severe reprimand; (b) deduction in the case of paid officer, form pay to defray expenditure or recoup loss incurred as a consequence of misconduct by him; (c) forfeiture of service ; and (d) reduction of rank. Custody during investigation 15- Any member of the Dal charged with an offence punishable under this Act may be taken into and kept in custody in the prescribed manner by the prescribed authority pending investigation. Proof of enrolment 16- In any proceeding before a court the fact that a person is enrolled under this Act may be approved by the production of a certificate signed by the Administrative Commandant or any gazetted officer or any honorary officer of equivalent rank as may be prescribed. Permission by employer to join duty 17- (1) Except as may be prescribed, every employer, his agent or manager shall permit a member of the Rakshak Dal, who is for the time being employed by or under him, to join his duty as such and notwithstanding anything in any law or agreement between him and such member in force, the period between the date of the member joining his duty and is release therefrom shall, subject to such conditions and restrictions, as may be prescribed, be deemed to be period spent in such employment. (2) No employer, his agent or manager, shall dismiss, remove or suspend any employee or take any other action which may prejudice such employee by reason of his being a member of the Rakshak Dal. (3) Whoever contravenes the provisions of sub-section (1) or (2) shall be punished with fine which may extend to two hundred rupees. Payment of compensation and allowances to employer other than State Government 18- Whenever any member of the Rakshak Dal who is employed under any person other than the [State Government]1 is called up for duty, the [State Government]1 shall pay such compensation and allowances to the employer and to the member as may be prescribed. ------------------------------------------------------------------------------------------- 1- Substituted by the A. 0, 1950 for (the Provl. Govt .). 233 [The United Provinces Rakshak Dal Act, 1948] [Section 3-9] Repeal of the United Provinces Home Guards Act, 1947 (Act 1 of 1947) U. P. Act 1 of 1904 19- The United Provinces Home Guards Act, 1947 as amended by the United Provinces Home Guards (Amendment) Ordinance, 1948, is hereby repealed: Provided that without prejudice to the general application of section 6 and 24 of the United Provinces General Clauses Act, 1904, with regard to the effect of repeals -- (a) any form, order, rule or direction made, issued or given under the said Act shall continue in force as if it had been prescribed, made, issued or given under this Act and may be repealed, revoked, varied or amended accordingly; (b) any officer or person appointed to act enrolled under or by virtue of the said Act shall continue and be deemed to have been appointed under or by virtue of this Act; (c) any statement executed by any member of the Prantiya Rakshak Dal in accordance with section 7 of the said Act in force at the commencement of this Act shall be so read and construed as if it has been executed under the corresponding provisions of this Act. Rule making power 20- (1) The [State Government]1 may, after previous publication in the official Gazette, make rules and regulations to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules and regulations may----- (a) prescribe the manner in which and the conditions subject to which any person member enrolled or appointed as a member of the Rakshak Dal; (b) prescribe the authorities under which and the conditions subject to which any person enrolled or appointed as a member of the Rakshak Dal may serve; (c) prescribe the classification of officers whether honorary or paid, into gazetted and non-gazetted an non–gazetted categories; (d) prescribe the duration and manner of training of such member and the obligations to which such member shall be liable when undergoing such training and generally for the maintenance of discipline; and (e) provide for any other mater which, under this Act is to be or may be prescribed. --------------------------------------------------------------------------------------------------