PREAMBLE
In exercise of the powers conferred by Section 9 of
the Punjab Home Guards Act, 1947, and all other powers enabling him in
this behalf the Governor of Punjab is pleased to make the following rules
namely :-
Rule 1. Short title and commencement. --
(i)
These rules may be called the Punjab Home
Guards Rules, 1963.
(ii)
They shall come into force at once.
Rule 2. Definitions. --
In these rules, unless the context otherwise requires, -
(a)
'Act' means the Punjab Home Guards Act, 1947;
(b)
'Appendix' means an appendix to these rules;
(c)
'Gazetted Officer' means an officer of the
status specified in column (1) below in the case of Home Guards Unit I and in
column (2) in the case of Home Guards Unit II, and includes an officer of the
status notified as Gazetted by the Government:-
|
Column
(1)
|
Column
(2)
|
|
(i)
Commandant General
|
(i)
Gram Raksha Dal Chief
|
|
(ii)
Deputy Commandant General
|
(ii)
Chief Organizer, Gram Raksha Dal
|
|
(iii)
Commandant
|
(iii)
Director, Training, Gram Raksha Dal
|
|
(iv)
Regional Commandant
|
(iv)
Senior Staff Officer
|
|
(v) Battalion
Commander
|
(v)
Zonal Organizer
|
|
(vi)
Battalion-Second-in-Command
|
(vi)
District Organizer
|
|
(vii)
District Commandant
|
|
(d)
'Government' means the Government of the
State of Punjab;
(e)
'Home Guards' means the Punjab Home Guards
constituted under Section 2 of the Act;
(f)
'Home Guards Unit I' means the Home Guards
other than the Gram Raksha Dal Unit of the Home Guard's;
(g)
'Home Guards Unit II' means the Gram Raksha
Dal Unit of the Home Guards;
(h)
'member' means a person appointed as member
of the Home Guards under Section 3 of the Act;
(i)
'N.C.Os' means Non-Commissioned Officers from
Sub-Section Leader to Havildar;
(j)
'Non-Gazetted Officer' means an officer of
the status specified in column (1) below in the case of Home Guards Unit I and
in column (2) in the case of Home Guards Unit II and includes an officer of the
status declared as non- gazetted by an order of the Government:-
|
Column
(1)
|
Column
(2)
|
|
(i)
Company Commander
|
(i)
Company Commander
|
|
(ii)
Company-Second-in-Command
|
(ii)
Company-Second-in-Command
|
|
(iii)
Platoon Commander
|
(iii)
Supervisor
|
|
|
(iv)
Instructor
|
|
|
(v)
Platoon Commander
|
Rule 3. Units of Home Guards. [Section 9(b)] --
(1)
There shall be the following two units of the
Home Guards, namely :-
(i)
Home Guards Unit I;
(ii)
Home Guards Unit II.
(2)
The control of Home Guards Unit I shall vest
in the Commandant-General and that of Home Guards Unit II in the Gram Raksha
Dal Chief. The overall control of both the units of Home Guards shall vest in
the Government.
(3)
The Government may appoint such number of
officers as it may think fit for the purpose of assisting the
Commandant-General and the Gram Raksha Dal Chief and may assign to them such
ranks and such duties as it may think fit.
Rule 4. Organization of Home Guards. [Section 9(b)] --
Home Guards Unit I and Home Guards Unit II shall be
organized in such manner as the Commandant-General or the Gram Raksha Dal
Chief, as the case may be, with the prior approval of the Government, decide by
an order in writing.
Rule 5. Strength of Home Guards. [Section 9(b)] --
The strength of each Unit of the Home Guards shall be
such as may be fixed by the Government from time to time.
Rule 6. Enrolment form. [Sections 8 and 9(b)] --
The enrolment form of members shall be as given a
appendix 'A'
Rule 7. Eligibility. [Section 9(b)] --
No person shall be enlisted as a member unless he -
(i)
is a citizen of India, or a subject of Sikkim
or of Nepal; and
(ii)
bears a good moral character, which fact will
be verified through the Sarpanch of the village or the Company Commander of
Home Guards Unit I or Home Guards Unit II or local police.
Rule 8. Age-limit of members. [Section 9(b)] --
No person shall be enlisted as a member in the Home
Guards unless he has attained the age of sixteen years and is below forty
years:
Provided that the age-limit prescribed above may be
relaxed by the Commandant-General or the Gram Raksha Dal Chief, as the case may
be, in suitable cases.
Rule 9. Medical fitness. [Section 9(b)] --
No person shall be enlisted in any unit of the Home
Guards unless he is medically fit.
Rule 10. Preference to ex-soldiers and ex-policemen. [Section 9(b)] --
In enlisting members preference shall be given to trained
ex-soldiers, ex- I.N.A. personnel, ex-policemen and National Cadet Corps
trained personnel.
Rule 11. Employee Members. [Section 9(b)] --
Such Government employees or other employees as could be
made available by their respensure employers in the case of emergency may be
enrolled as supernumerary or regular members with the permission of the Head of
the Office in the case of Government employees and the employer in the case of
other employees.
Rule 12. Appointment of Gazetted Officers. [Section 9(b)] --
The appointment of Gazetted Officers shall be made by the
Government.
Rule 13. Appointment of non-gazetted Officers and members. [Section 9(b)] --
All Non-gazetted officers as well as members shall be
selected and appointed by a committee consisting of-
(i)
District Magistrate or his representative;
(ii)
The Senior Superintendent of Police,
Superintendent of Police or his representative; and
(iii) District Commandant or District Orgniser as the case may
be.
Conditions of Service
Rule 14. Pay and allowance. [Section 9(b)] --
The Pay allowances (sic) any admissible to the members
including Gazetted officers (sic) shall be such as may be determined by the
Government from time to time.
Rule 15. Members to take oath of loyalty. [Section 9(b)] --
Every member on appointment and before receiving a
certificate as provided hereinafter shall take a solemn oath or affirmation of
loyalty in such form as may be specified by the Government in that behalf.
Rule 16. Members to receive certificate of appointment. [Sections 9(b) and 9(c)] --
(1)
Every member shall on his appointment receive
a certificate in the form in Appendix 'B' under the signatures of District
Commandant or District Organizer, as the case may be, by virtue of which the
person holding such certificate shall be vested with the powers, functions and
privileges of a Police Officer.
(2)
A certificate referred to in sub-rule (1)
shall cease to have effect whenever the person named in it ceases for any
reason to be a member, and on his ceasing to be a member such certificate shall
be forthwith surrendered by him to an officer empowered by the District
Commandant or District Organizer, as the case may be, to receive it.
Rule 17. Members not to resign without permission or notice. [Section 9(b)] --
No member shall resign unless -
(a)
he has served for a minimum period of three
years; and
(b)
has given one month's notice of his intention
to resign :
Provided that any member may, at any time, be allowed to
resign by the Commandant-General or the Gram Raksha Dal Chief, as the case may
be, for any cause which may be considered sufficient by either of them.
Rule 18. Discharge of members. [Section 9(b)] --
Any member may be discharged at any time by the authority
which had appointed him when his services are no longer required.
Rule 19. Compensation for damages. [Section 9(b)] --
If a member suffers any damage to his person or property
while under training or on duty, he shall be paid such compensation as may be
determined by the Government, provided that such damage is not caused by his
own negligence or willful act or omission in contravention of any of the
provisions of the Act or rules made there under or orders or directions issued
by his superior officer.
Rule 20. Uniforms. [Section 9(b)] --
(1)
A member shall, while on duty, wear such
uniform as may be supplied to him by the Government, and in case it is not
supplied then such uniforms as may be specified in that behalf by the
Government.
(2)
A member who for any reason ceases to be a
member of the Home Guards, shall forthwith deliver to his Company Commander
uniform supplied to him as member.
Rule 21. Arms and accoutrements. [Section 9(b)] --
(1)
The Home Guards shall be armed with such
arms, ammunition and accoutrements, as may from time to time, be directed by
the Government.
(2)
Any person who for any reason ceases to be a
member of the Home Guards shall forthwith deliver up to his Company Commander
or Supervisor all arms, ammunition and accoutrements issued to him as member.
Rule 22. Training. [Sections 9(b) and (9(d)] --
(1)
Every member shall be required to undergo a
preliminary course of training in drill, discipline, weapon training and
special training of service he belongs to for such period as may be fixed by
the Commandant-General in the case of Home Guards Unit I and the Gram Raksha
Dal Chief in the case of Home Guards Unit II.
(2)
Such members of the public as may offer
themselves voluntarily may also be given training in drill, discipline and the
use of weapons.
Rule 23. Functions of members. [Section 9(b)] --
Members may be called out to perform such functions in
connection with the protection of persons and security of property or the
public safety as may be assigned to them from time to time and in particular
in:-
(a)
helping the Police in village defence schemes
in the border districts;
(b)
patrolling and nakabandi;
(c)
suppression of disturbance or serious crime;
(d)
providing nucleus for emergency Relief
Organization in important towns;
(e)
the maintenance of essential services in
important towns in emergency;
(f)
providing relief in the event of natural
calamity such as flood or fire;
(g)
evacuation according to schemes; and
(h)
rendering social service to the community.
Rule 24. Order calling out members. [Sections 9(b) and 9(d)] --
A calling out order may call out any member individually
or may require any officer of the Home Guards subordinate to the authority
giving the order to produce a specific number of members for duty or training
at such place or places as the order may specify.
Rule 25. Authority for calling out for duty. [Sections A, E, 9(a) and 9(d)] --
The following officers shall have the authority of
calling out members for duty :-
(a)
The Commandant-General or the Gram Raksha Dal
Chief or any other officer authorised by any of them in this behalf;
(b)
The District Magistrate;
(c)
The Superintendent of Police;
(d)
Any Police Officer not below the rank of
Station House Officer or Border Picket Commander in cases of emergency only for
a period not exceeding ten days at a time :
Provided that in the case of officers specified in clause
(d) a report of the action (sic) reasons (sic) made immediately by the officer
concerned to the Superintendent of Police and the District Commander of the
District Organizer as the case may be.
Discipline
Rule 26. Obedience to orders. [Section 9(d)] --
A member, when called out for duty or training shall, at
all times, obey orders and pay compliments to -
(a)
all members of the Home Guards superior to
him is rank; and
(b)
all Police Officers senior to him in rank or
rank corresponding to the member's rank.
Rule 27. Dismissal. [Section 9(b)] --
(1)
Any member may, for misconduct or for absence
from duty without sufficient cause, be dismissed from service :
Provided that no order of dismissal shall be passed
unless reasons of dismissal are recorded in writing and the member concerned
has been given a reasonable opportunity of showing cause against the action
proposed to be taken against him.
(2)
The authority competent to pass an order of
dismissal in the case of a Gazetted Officer shall be the Government and that in
the case of a Non- gazetted Officer and other members, the Commandant-General
or the Gram Raksha Dal Chief, as the case may be.
(3)
An appeal against an order of dismissal
passed by the Commandant General or Gram Raksha Dal Chief shall lie to the
Government.
(4)
the order of the Government passed under
sub-rule (2) or sub-rule (3) shall be final and shall not be called in question
in any proceedings whatsoever.
Rule 28. Summary powers of Commanders. [Section 9(b)] --
The nature of the punishments that may for good and
sufficient cause, be imposed summarily, the members on whom such punishments
may be imposed and the authorities empowered to impose them shall be as
specified in Appendix 'C'.
Rule 29. Police Ranks of members of Home Guards. [Section 9(c)] --
For the purpose of discipline and paying compliments to
various ranks in the Home Guards shall be equated with such police ranks as may
be specified by the Government by an order issued in this behalf.
Rule 30. Delegation. [Sections 8 and 9(d)] --
The Commandant-General or the Gram Raksha Dal Chief, as
the case may be, may delegate his powers under these rules, excepting the
powers of discharge and dismissal, to any officer of his unit subject to such
conditions as may be specified in the order.
Rule 31. Repeal. --
The Punjab Home Guards Rules, 1960, re-published vide
Punjab Government Home Department Notification No. G.S.R.9P-A-8/47/S.9/6/dated
19th December, 1961, are hereby repealed :
Provided that anything done or any action taken under the
rules so repealed shall be deemed to have been done or taken under the
corresponding provisions of these rules.
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