MADHYA PRADESH HOME GUARDS RULES, 2016

PREAMBLE

In exercise of the powers conferred by section 14 of the Madhya Pradesh Home Guards Act, 1947 (No. 15 of 1947), the State Government, hereby, makes the following rules relating to Home Guard Volunteers, namely:-

Rule - 1. Short title and commencement.

(1)     These Rules may be called the Madhya Pradesh Home Guards Rules, 2016.

 

(2)     They shall come into force from the date of their publication in the Madhya Pradesh Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,-

(a)      "Act" means the Madhya Pradesh Home Guards Act, 1947 (formerly Central Province and Berar Act, 1947) (No. 15 of 1947);

 

(b)      "Commandant General" means the Commandant General and the Director General Home Guards appointed by the State Government under section 5 of the Act;

 

(c)      "Commandant" means the Commandant Home Guards appointed by the State Government under section 5 of the Act;

 

(d)      "Division" means Division of revenue in Madhya Pradesh;

 

(e)      "Divisional Commandant" means a Commandant of Home Guards for a revenue Division or part thereof or the Chief Officer of the Home Guards for a Revenue Division or part thereof;

 

(f)       "District" means district of revenue in Madhya Pradesh;

 

(g)      "District commandant" means the commandant of Home Guards for a revenue District or part there of or the Chief Officer of the Home Guards of a revenue District or part thereof;

 

(h)     "District Magistrate" means the Chief Officer charged with the executive administration of a district and exercising the powers of a Magistrate, by whatever designation the Chief Officer charged with such executive administration is styled;

 

(i)       "Police" shall have the same meaning as assigned to the word in the Police Act, 1861 (No. V of 1861) or under any enactment for the time being in force;

 

(j)       "Superintendent of Police" shall have the same meaning as assigned to the word in the Police Act, 1861 (Act V of 1861);

 

(k)      "Strike" means a total or partial non-performance of duties during training or while detailed on duty as a Home Guard, acting in combination or in a concerted manner or under a common understanding;

 

(l)       "State Government" means the Government of Madhya Pradesh.

Rule - 3. Superintendence over Home Guards.

The superintendence of the Home Guards throughout the state shall vest in the State Government.

Rule - 4. Commandant General and Director General of Home Guards.

The administration of Home Guards throughout the state shall vest in an officer styled as the Commandant General and Director General, and in such Inspector General, Deputy Inspector General, Additional Commandant General and other officers as may be prescribed by the State Government.

Rule - 5. Powers of the Director General.

(1)     Subject to the provisions of the Home Guards Act and these Rules and to the directions issued by the State Government, the Director General shall have the powers to regulate training, operational duties, organisation, administration, discipline and punishment, procurement, maintenance and scale of issue of uniforms, equipments and stores, arms and ammunition of the Home Guards and shall exercise overall command and control over the Home Guards and its officers.

(2)     The Director General shall have the powers to issue standing orders with the approval of the State Government.

Rule - 6. Nomination of Home Guard Volunteers in different ranks.

Subject to the directions issued by the State Government, the volunteers may be nominated to other ranks in the following manner:-

(a)      Volunteer Company Commander-by the Inspector General;

 

(b)      Volunteer Platoon Commander, Volunteer Assistant Platoon Commander-by the Deputy Inspector General and Additional Commandant General;

 

(c)      Volunteer Nayak, Volunteer Hawaldar-by the Divisional Commandant;

 

(d)      Volunteer Sainik, Volunteer Lance Nayak-by the District Commandant;

The total sanctioned strength of Home Guard Volunteers per company in all the Districts of Madhya Pradesh shall be 165. The number of Volunteers per company shall be as follows:-

Details of Determinate Number of Volunteers per Company

Rule - 7. Transfer of Home Guard Volunteers.

(1)     A Home Guard Volunteer shall not be transferred to a District Reserve other than his own.

 

(2)     If a Home Guard Volunteer wishes to be appointed in another District, he shall have to get discharged from his District Reserve. He may, then, apply for enrolment to the District Reserve of Home Guards of another District afresh:

Provided that he otherwise fulfils the eligibility conditions laid down for Home Guard volunteer.

Rule - 8. Enrolment as a Home Guard Volunteer.

No person shall be enrolled as a volunteer of Home Guards:

(a)      Unless he has completed the age of 18 years but has not completed the age of 28 years as on 1st August of the year of the enrolment:

Provided that if the candidate is a member of Scheduled Cast/Scheduled Tribe or other backward classes, he shall be entitled to a maximum of 5 years relaxation in the upper age limit:

Provided further that a candidate, who is a permanent Government servant should not completed the age of 38 years.

(b)      Unless he is not a citizen of India and the resident of the district in which is seeking enrolment and the domicile of Madhya Pradesh. He shall have to submit a domicile certificate to this effect issued by Competent Authority.

 

(c)      Unless he has passed 10th standard examination from Madhya Pradesh Board or from a school situated in Madhya Pradesh which has affiliation to a Central Board:

Provided that a candidate of the scheduled tribe shall be eligible if he has passed 8th standard.

(d)      Unless he possesses good moral character as per extant instructions of the Government of Madhya Pradesh:

Provided that the State Government may, for the confidential work relating to internal security, relax the eligibility conditions and home guards may be enrolled accordingly for period and in number to be specified by the State government. Every effort shall be made to keep the identity of the home guards so appointed confidential.

Rule - 9. Physical and Other Eligibility Conditions for Enrolment.

(a)      Applicant should not be less than 168 centimetres in height. For the Scheduled Tribes category the minimum required height shall be 160 centimetre. In the case of women candidates the height should be not less than 155 centimetres.

 

(b)      In the case of a male applicant, the chest should not be less than 81 centimetres with an expansion of 05 centimetres. For an applicant from Schedule Tribes category, the chest should not be less than 78 centimetres with a minimum expansion of 05 centimetres.

 

(c)      Male applicant should neither be flat footed nor should have knock knee. Female applicant should not be flat footed.

 

(d)      Applicant should not be a dismissed public servant on the ground of misconduct.

 

(e)      Applicant should not have been discharged from a District Reserve on the ground of misconduct.

Rule - 10. Selection Committee for Enrolment of Home Guard Volunteers.

The constitution of selection committee for nomination of Home Guards shall be as follows:-

Note:-One of the members of the Selection Committee shall be from Schedule Castes or Schedule Tribes.

Rule - 11. Selection Process for enrolment as a volunteer in Home Guards.

(1)     Wide publicity shall be made about the proposed enrolment programme throughout the district by publishing it in two state level news papers.

 

(2)     All applications received by the District Commandant shall be scrutinized by the Selection Committee as per the eligibility conditions. Application not meeting eligibility conditions shall be summarily rejected and information of the same shall be prominently displayed on the notice board of office of the District Commandant.

 

(3)     Representation or Appeal against rejection of application shall be decided by the competent officer, who shall not be lower in rank than a Deputy Inspector General, nominated by the Director General.

 

(4)     Applicants found eligible shall undergo pre-enrolment tests to be conducted by the Selection Committee as per the standing order on the subject.

 

(5)     Result shall be declared on completion of selection process with the approval of the competent authority as specified in the standing order.

Rule - 12. Medical Examination.

The Commandant, Home Guards shall cause the applicants successful in the pre enrolment test to undergo medical examination by the District Medical Board. Applicants declared medically unfit shall be ineligible for enrolment.

Rule - 13. Character and antecedents verification.

District Commandant shall send character and antecedents verification form of successful candidates to the concerned District Superintendent of Police for necessary character and antecedents verification. Applicants with adverse verification report from Superintendent of Police shall be ineligible for enrolment.

Rule - 14. Certificate of Enrolment.

(1)     Home Guard Volunteers shall, at the time of enrolment, shall be given an enrolment certificate in the form appended to these Rules (Appendix-A) under the seal and signature of the appointing authority.

 

(2)     This certificate shall invariably be carried by a Home Guard volunteer when he is on duty or on training.

 

(3)     Such a certificate shall be surrendered by the Home Guard volunteer to the District Commandant at the time of discharge.

 

(4)     On the loss or damage to the enrolment certificate, a duplicate certificate may be issued to him as per the standing order on the subject.

Rule - 15. Pledge.

An applicant selected by the selection committee shall take an oath of allegiance to the Constitution of India as laid down in the form of Pledge appended to these Rules. (Appendix-B)

Rule - 16. Resignation:-

(1)     A Home Guard Volunteer before the completion of period in District Reserve, by application in writing in the Form appended to these Rules (Appendix-C) addressed to the District Commandant, with a notice period of not less than thirty days, may resign from the status of Home Guard Volunteer or Volunteer Officer:

Provided that such resignation shall not take effect until it is accepted by the Appointing Authority, as the case may be, and intimation to this effect is not given to the applicant.

(2)     The District Commandant shall forward the resignation letter with his comments to the officer immediately superior to the appointing authority.

 

(3)     Failure to report for duty, without previous permission of the District Commandant or intimation of his inability to attend the duty on the plea that a letter of resignation has been submitted, shall amount to absence from duty.

Rule - 17. Training of Home Guard Volunteers.

(a)      Basic Training of Home Guard Volunteer:-

(1)     Every Home Guard Volunteer, soon after his or her enrolment, shall undergo basic training for a period of 90 working days in various subjects related to protection of persons and property; prevention of crime; maintenance of public order; fire fighting and civil defence in general; and the following subjects in particular:-

(i)       Physical Training and Parade;

 

(ii)      Unarmed Combat;

 

(iii)     Weapons Training and Firing Practise;

 

(iv)    Public Order and Crowd Control;

 

(v)      Map Reading;

 

(vi)    criminal justice system including law and procedure.

 

(vii)   Human Rights;

 

(viii)  Disaster Management (Natural and Manmade), Civil Defence and Fire Fighting;

 

(ix)    Duties and Powers of Home Guards;

 

(x)      Information Technology Tools and Applications;

 

(xi)    Message Writing;

 

(xii)   Guard Duties;

 

(xiii)  Traffic Control;

 

(xiv)  Field Craft and Tactics;

 

(xv)   First Aid;

 

(xvi)  Rescue and Flood Relief; and

 

(xvii) Any other subject as may be prescribed from time to time.

 

(2)     Training shall be followed by an examination. The volunteers failing to pass the examination in prescribed standard shall be given one more opportunity, failing which he shall be liable to be discharged summarily.

 

(3)     A Home Guard Volunteer shall become a member of the District Reserve of the Home Guards on successful completion of the basic training.

(b)      Refresher Training:-

Every Home Guard Volunteer shall undergo refresher training for a period of 30 working days every year as prescribed in the standing order on this subject issued by the Director General.

(c)      Advanced Training:-

An advanced training for a period of 30 working days shall be conducted for the Home Guards of the rank of Assistant Platoon Commander and above. The advanced course shall comprise of lecture and practical work on the following subjects, namely:-

(1)     Organization and man management;

 

(2)     Civil defence measures;

 

(3)     Emergency relief operations;

 

(4)     Map reading, and automatic weapons;

 

(5)     Field Craft and Tactics;

 

(6)     Information technology tools and applications;

 

(7)     Message writing;

 

(8)     Any other subject which may be prescribed by the Director General.

 

(d)      Leadership Training:-Officers of the rank of Assistant Platoon Commander and above shall attend leadership training programme to prepare them for the leadership roles.

Note:-The syllabus and period of basic, refresher, advanced and leadership training shall be in accordance with the standing order.

Rule - 18. Home Guard Volunteers District Reserve.

(1)     The Home Guard volunteers in every district shall be in the form of District Reserve Force. The District Reserve shall comprise of as many companies or Volunteers Home Guard Sainiks and Volunteer Officers and permanent officers and staff as may be prescribed by the State Government from time to time.

The current composition of district wise sanctioned force in Home Guard Reserve of the State is appended to these Rules (Annexure-D).

(2)     Every company of the District Reserve, headed by a company commander, shall comprise of 165 Home Guard Volunteers Sainiks divided into three platoons, each headed by a Platoon Commander. Each platoon shall comprise of three or more sections each headed by a section commander of the rank of Assistant Plantoon Commander.

 

(3)     The District Commandant shall be assisted by such number of subordinate officers to him for the purpose of administration, training, discipline and welfare of all the members of District Home Guard Reserve as may be prescribed by the State Government.

Rule - 19. Uniform and Accoutrements.

(1)     All Officers and Volunteers of Home Guard shall be supplied on State expense, uniform and accoutrements to be used during execution of duty by them. They shall also wear badges provided according to their respective ranks. The details of the specific items of Uniform and accoutrement, currently being supplied, are appended to these Rules (Appendix-E).

(2)     Members of Volunteer Home Guard shall wear the letter "M.P.H.G." (e-ç-u-l-) on their shoulder strap and officers shall wear, in addition, badges, of rank as the State Government may by order specify. (Appendix-F)

Rule - 20. Arms and Ammunition.

Officers and Volunteer of Home Guard shall be entitled to use and carry small arms, such as rifles and service revolvers and their ammunition, during the course of training or operational duties, in such manner as may be prescribed by the State Government.

Rule - 21. Calling out of Home Guards.

The District Magistrate shall be authorised to call out Home Guard Volunteers from the District Reserve for the following purposes:-

(1)     For the protection of life and property from natural calamities or anti-social elements, maintenance of essential services, suppression of disturbance, control and regulation of traffic and assemblies, prevention of crime, assistance to the police or military authorities in the interest of national security, or any other general measure of public welfare.

 

(2)     The total number of the Volunteer Home Guards so called out shall not be in excess of 90% of the authorized strength of the District Reserve. Call Out up to 100% can only be made with the prior approval of the state Government.

 

(3)     The Director General or such officer of the Home Guards as may be authorised by him may order for calling out of Home Guards for any area of the State for the performance of any duty connected with training, administration, security of arms, ammunition, civil defence, natural and manmade calamities and general measure of public welfare and interest.

Rule - 22. Duties of Home Guards.

A Volunteer Home Guard called out on duty under Rule 21 shall be liable to perform any or all of the duties mentioned below:-

(1)     to assist police in traffic management;

 

(2)     beat and night patrols;

 

(3)     to assist police in crowd control;

 

(4)     to assist police in collection of information and intelligence.

 

(5)     to render assistance to the administration in protecting weaker sections of the society and promotion of communal harmony;

 

(6)     to dispel rumours, allay panic, and organize rescue work and to provide relief during any kind of emergency such as fire, air raid, floods, epidemics, natural and manmade calamities; and

 

(7)     to discharge any other duty and responsibility as may be directed by the State Government.

Rule - 23. Conduct.

The following rules of conduct shall be required to be ' followed by a Home Guard Volunteer,-

(a)      Home Guards volunteers shall perform all such duties and perform all functions as may be assigned to them, with utmost devotion, and shall obey all lawful orders with absolute integrity and devotion;

 

(b)      All the officers and personnel of Home Guards shall always conduct in a manner like a disciplined uniformed organization;

 

(c)      Home Guard Volunteer shall not act discourteously in the performance of his official duties and shall not do anything, which denote indiscipline;

 

(d)      No Home Guards volunteer shall canvass nor otherwise interfere with, nor use his influence in connection with nor take part in, an election to any legislature or local authority.

 

(e)      No Home Guards volunteer shall accept membership of any political party or any organization which takes part in politics nor shall he take part in any political movement or activity.

 

(f)       If he commits any act in violation of law which comes in the category of cognizable or non-cognizable offence, he shall inform his District Commandant within 48 hours. In the event of not informing he shall be liable to be discharged from the Home Guards district reserve.

 

(g)      Home Guard Volunteer shall not remain absent from duty without any reasonable cause.

 

(h)     Home Guard Volunteer shall not indulge in impersonation at the time of duty or training.

 

(i)       Home Guard Volunteer shall not take any intoxicating drink or drug nor shall remain under the influence of it at the time of the performance of his duties. He shall not appear in a public place in a state of intoxication. He shall strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being.

 

(j)       Home Guard Volunteer shall not submit false report in relation to any property, arms-ammunition, kit-clothing and store under his charge.

 

(k)      Home Guard Volunteer shall not abuse the property, weapons and uniform issued to him.

 

(l)       Home Guard Volunteer shall promptly abide by the general and special lawful orders issued by the senior officers and shall not disobey deliberately.

 

(m)    Home Guard Volunteer shall not commit embezzlement of government property given under his custody & protection nor shall he abet for the same.

Rule - 24. Punishments.

The following punishments may be imposed on the Home Guards volunteers for any acts of misconduct and indiscipline:-

(A)     (1) Reprimand;

(2) Censure;

(3) Extra parade and extra fatigue duty for not more then three days;

(4) Suspension;

(5) Premature Discharge from District Reserve;

(B)     Fine not exceeding three days Honorarium;

 

(C)     Reduction in rank;

 

(D)     Punishment drill, Extra Guard duty causing fatigue for a period not exceeding 28 days in duration.

Rule - 25. Powers of Punishment.

(a)      District Commandant:-District Commandant shall hold Orderly Room procedure up to the rank of Lance Naik and Home Guard Volunteers for acts of indiscipline and after affording opportunity of being heard may impose any penalty as mentioned in Rule 24(A).

 

(b)      Divisional Commandant:-Divisional Commandant shall be competent to impose a penalty for any act of indiscipline as mentioned in Rule 24(A) and 24(B) in respect volunteers to a volunteer Hawaldar or Naik or a volunteer below in rank to it.

 

(c)      Deputy Inspector General/Additional Commandant General:-Deputy Inspector General/Additional Commandant General shall be competent to impose a penalty for any act of indiscipline as listed in Rule 24(A), 24(B) and 24(C) up to the rank of Platoon Commander or a volunteer below in rank to it.

 

(d)      Inspector General:-Inspector General shall be competent to impose a penalty for any act of indiscipline as listed in Rule 24(A), 24(B), 24(C) and 24(D) up to the rank of Company Commander or a volunteer below in rank to it:

Provided that,

(1)     In case of execution of punishment relating to extra fatigue, extra parade or any other punishment duty, physical fitness of the delinquent shall be kept in view.

 

(2)     In case of imposition of any penalty, procedure laid down in the instructions shall be followed.

 

(3)     Copy of the punishment shall be endorsed to immediate senior officer and also to the appointing authority.

Rule - 26. Appeal.

(1)     Appeal against every order of punishment shall lie to the officer immediately senior to the officer passing such order.

 

(2)     Only one appeal shall be admissible against the order passed by the Disciplinary officer. However, revision petition may be filed against such orders to the Director General.

 

(3)     The Director General may make suo moto revision of the orders passed by the officers subordinate to him.

 

(4)     The Additional Director General may exercise the powers of Director General if especially authorised to do so by the Director General.

 

(5)     An appeal shall be filed within 30 days from the date of communication of the punishment order.

 

(6)     A revision petition may be filed against order passed by an appellate authority within 30 days from the date of communication of the order passed by an appellate authority.

 

(7)     An appeal or revision petition filed after the limitation period of 30 days shall not be entertained unless there are reasonable and sufficient grounds to establish that it was beyond the normal capacity of the petitioner to file the same within the prescribed time limit.

Rule - 27. Conditions of Service.

(1)     Term of Enrolment:-

(a)      On successful completion of training a Volunteer Home Guard shall serve as a Home Guards for a period of six months, which may be extended by the State Government to a total period of not more than 12 months if the State Government considers such extension necessary and shall thereafter serve in the reserve for a period of three years and while in reserve shall be liable to be called out for duty at any time.

 

(b)      A volunteer Home Guard shall be eligible for extension of his enrolment on completion of his initial period of enrolment from time to time subject to his satisfactory conduct antecedent, character verification, medical examination, physical fitness and willingness, on the recommendation of District Review committee headed by an officer nominated by the Director General not below the rank of Divisional Commandant. The extension shall be allowed upto the age of 41 years only.

 

(c)      A volunteer Home Guard shall be on call out duty for 10 months in a year. Equal opportunity to be called out shall be ensured for each volunteer enrolled on the District reserve. A proper roster shall be prepared and published for this purpose and copy of it shall be made available to volunteers on demand.

(2)     Discharge of a Volunteer Home Guard:-

A Volunteer Home Guard shall be liable to be discharged in the following conditions:-

(a)      On account of his unwillingness to continue in the District Home Guard Reserve,

 

(b)      Failure to pass the examination on completion of basic training even after giving one more opportunity,

 

(c)      Being found unsuitable or physically unfit.

 

(d)      On completing the age of 41 years.

 

(e)      On imposition of punishment of discharge.

 

(f)       On filing of charge sheet in a criminal case or on being detained in police custody for more than 48 hours

The competent authority shall, under the aforesaid conditions, issue the discharge order in Appendix G.

(3)     Deployment:-

A Volunteer Home Guard when Called Out for duty under rule-21 shall be liable to be deployed at any place in Madhya Pradesh or anywhere in the Country or beyond and even in any foreign country by an special order issued by the State Government. Deployment in foreign country shall normally be made with the consent of the concerned volunteer Home Guard.

(4)     Allowances:-

A Volunteer Home Guard on Call Out duty or Training, shall receive Honorarium and other allowances as fixed by the Government from time to time.

(5)     Bar on employment during period of enrolment:-

(a)      A volunteer Home Guard when on Call Out duty or training shall not engage himself into any other employment.

(b)      A volunteer Home Guard when not on duty or training shall be at liberty to engage himself in any job or a vocation under intimation to the District Commandant.

Provided that,-

(i)       No such job or avocation whether full time or part time shall be accepted by him, which may involve conflict of interest with that of the department.

(ii)      He shall not engage himself in any job or avocation unbecoming of his status as a member of District Reserve of Home Guard.

Rule - 28. Application by Volunteer Home Guard For Employment For other Jobs.

A Volunteer Home Guard may apply to any other department or selection body for his selection for any post under intimation to his District Commandant. On selection, he shall intimate his District Commandant alongwith a copy of the appointment letter. He shall also submit resignation letter with a notice of 30 days as per rule-16. However, this period of 30 days may be relaxed on appropriate grounds by the District Commandant on the application of Volunteer Home Guard.

Rule - 29. Temporary special duty of Home Guard Volunteer and officers to other Departments.

(a)      The Volunteer Home Guard and Volunteer officers may be deputed to other departments of the State Government and Central Government as per their request with the approval of the State Government.

 

(b)      The Department borrowing volunteer Home Guards shall pay an amount equal to 150% of all the allowances payable to the Home Guards with a view to reimburse the deferred payments or entitlements to these Home Guards.

 

(c)      If a Volunteer Home Guard or Officer sustains injuries or meets death during the period of deployment with other department such borrowing department shall also be liable to make payment in respect of death-cum-injury benefits as per the extant instructions.

 

(d)      Out of the amount received from other Departments in lieu of the deployment of Home Guards 10% amount shall be deposited in the Central Welfare Fund of the Home Guards.

 

(e)      Home Guards volunteers may be deployed on temporary special duty to other departments of the State Government and the Central Government subject to fulfilling the eligibility criteria. However, willing Home Guard Volunteer officer shall have to apply through proper channel.

 

(f)       The Director General may recommend the application for deputation to the State Government with his comments as to the feasibility of sparing the applicant officer in the event of selection.

 

(g)      The period and terms of the temporary special duty shall be regulated by the extant instructions of the State Government on the subject.

Rule - 30. Surrender of Certificate and other articles.

(a)      The certificate of enrolment shall cease to have effect whenever the person named in it ceases to be a Home Guards volunteer. A Home Guard on ceasing to be member of the Home Guards District Reserve shall surrender the certificate of his enrolment to the District Commandant within 10 days from the date of such cessation.

(b)      Before discharge, a Home Guard Volunteer shall deliver in good condition all articles of uniform equipment, arms and ammunition, accoutrements and other Home Guards property, if any, in his possession.

(c)      Any fine imposed under these rules may be recovered from the money due to him, but if not possible, shall be recoverable as an arrear of land revenue.

Rule - 31. Repeal And Savings.

(1)     The Central Provinces and Berar Home Guard Rules, 1947 (adopted vide Madhya Pradesh Adaptation of Laws order, 1956), are hereby repealed:

Provided that the repeal shall hot affect:-

(a)      Anything done or any action taken under these rule before coming into force of these rules;

(b)      Any right, privilege, obligation or liability accrued or incurred under these rules.

(2)     Anything done or any action taken or any order etc. made, taken or issued under these rules shall be deemed to have been done, made or issued under the correspondence provisions of the rules so repealed.