Uttar Pradesh act 038 of 1948 : The Uttar Pradesh Prantiya Rakshak Dal/Vikas Dal ACT-1948

Section 1.Short title, extent and commencement

(1) This Act may be called the ¹[Uttar Pradesh] ¹[Prantiya Rakshak Dal/Vikas Dal] Act, 1948.

(2) It ⁴extends to the whole of ¹[Uttar Pradesh] ;.

(3) It Shall come into force at once.

1. Subs. by sec. 2 of U.P. Act no. 24 of 2009.
4. This act has been extended to the areas mentioned in column 1 of this table under the Act or Order mentioned in column 2 and enforced in such areas under notification, if any mentioned in column3 with effect from the date mentioned in column 4 against each such areas :


	Areas	Act or order under which extended	Notification, if any, under which enforced	Date from which enforced
	1	2	3	4
1	Rampur District	Rampur (Application of laws) Act,1950.	No. 3679 /XVII	December 30, 1949.
2	Banaras District	Banaras (Application of laws) Order 1949.	No. 3262(1)/XVII, d.November, 30, 1949.	November 30, 1949.
3	Tehri Garhwal District	Tehri Garhwal (Application of laws) Order 1949.	No. 3262(2)/XVII, d.November, 30, 1949.	November 30, 1949.

Section 2.Definitions

In this Act, unless there is anything repugnant in the subject or context -

(a) ¹[Director General], "Gazetted Officer", ²[ ***] and "Non-gazetted officer" means persons appointed to such offices as may be prescribed ;

(b) "Member of the ¹[Prantiya Rakshak Dal/Vikas Dal ]" means person who is enrolled as such and includes an officer appointed under the provisions of this Act ;

(d) "Prescribed" means prescribed by rules or regulations framed under this Act.

1. Subs. by sec. 2 of U.P. Act no. 24 of 2009.
2. Omit. by sec. 3 of U. P. Act no. 24 of 2009.

Section 3.Constitution of U.P. Prantiya Rakshak Dal/Vikas Dal

There shall be raised and maintained a force to be designated "The¹[Uttar Pradesh]¹[Prantiya Rakshak Dal/Vikas Dal]" herein after called the ¹[Prantiya Rakshak Dal/Vikas Dal] and it shall be constituted in such manner as may be prescribed.

1. Subs. by sec. 2 of U.P. Act no. 24 of 2009.

Section 4.Enrolment

Subject to such conditions as may be prescribed, any person may be enrolled as a member of the ¹[Prantiya Rakshak Dal/Vikas Dal] and his conditions of service shall be such as may be prescribed.

1. Subs. by sec. 2 of U.P. Act no. 24 of 2009.

Section 5.Functions

A member of the ¹[Prantiya Rakshak Dal/Vikas Dal] when called upon to do so by the prescribed authority in relation to the preservation of public peace and for the protection of inhabitants and the security of property in any area within the ³[Uttar Pradesh] as such prescribed authority may direct.

1. Subs. by sec. 2 of U.P. Act no. 24 of 2009.

Section 6.Declaration

Every member of the ¹[Prantiya Rakshak Dal/Vikas Dal], shall, on enrollment, make a declaration in the form given in the schedule.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
16-06-1948	Uttar Pradesh Prantiya Rakshak Dal/Vikas Dal Rules

Section 7.Powers, protection and control etc.

(1) For the enforcement of the provision of this act or any rule or regulation made thereunder every member of the ¹[Prantiya Rakshak Dal/Vikas Dal], shall, when on duty or called for duty, be deemed to be a police officer, and subject to any terms, conditions and restrictions as may be prescribed, to have and be subject to, in so far as it is not inconsistent with this Act all the powers privileges, liabilities and protections as a police officer duly appointed has or is subject to by virtue of the Police Act, 1861 (save section 29 thereof), or of any other law for the time being in force.

(2) No prosecution shall be instituted against a member of the ¹[Prantiya Rakshak Dal/Vikas Dal] in respect of anything done or purported to be done by him in discharge of his functions as such member, except with the previous sanction of the authority prescribed in that behalf.

(3) The superintendence of the force in an area shall vest in such officer or officers as may be appointed by the ²[State Government].

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
2. Subs. by sec. 4 of U.P. Act no. 24 of 2009.

Section 8.Period of service and discharge

Every member of the ¹[Prantiya Rakshak Dal/Vikas Dal] shall be required to serve the ¹[State Government] for such period as may be prescribed. He shall, thereafter, be called up for duty at any time during a further period as may be prescribed. After the expiry of such further period the member shall be deemed to have been discharged from the ¹[Prantiya Rakshak Dal/Vikas Dal].

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.

Section 9.Offences

Any member of the ¹[Prantiya Rakshak Dal/Vikas Dal]who-

(a) fails to report himself when called up for duty under section 5,or

(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 the¹[Prantiya Rakshak Dal/Vikas Dal] while on 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 ²[five hundred rupees] or with both.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
2. Subs. by sec. 4 of U.P. Act no. 24 of 2009.

Section 10.Non-judicial disposal of minor offences of members of the Dal other than officers

When a member of the ¹[Prantiya Rakshak Dal/Vikas Dal@] other than an officer is charged with an offence punishable under section 9, the ¹[Director General] or, if so authorized in writing by the ¹[Director General] in that behalf, any gazetted officer or any ²[***] under whom the member of the Dal its 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;

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
2. Omit. by sec. 5 of U. P. Act no. 24 of 2009.

Section 11.Non judicial disposal of minor offences of members of the Dal other than the Officers and Rakshaks (non gazetted officers)

When a member of the ¹[Prantiya Rakshak Dal/Vikas Dal] who is a non gazetted officer, is charged with an offence punishable under section 9, the ¹[Director General] or, if so authorized in writing by the ¹[Director General] in that behalf any gazetted officer ³[***] under whom the member of the Dal is for the time being serving, may without formal trial award to such member any one or more of the following punishments, namely;

(a) reduction to a lower grade or a lower class or ⁴[in general category];

(b) forfeiture of pay and allowances for a period not exceeding one month;

(d) Reprimand or severe reprimand.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
3. Omit. by sec. 6(a) of U. P. Act no. 24 of 2009.
4. Subs. by sec. 6(b) of U. P. Act no. 24 of 2009.

Section 12.Non judicial disposal of minor offences of the gazetted officers

When a gazetted officer⁵[***] is charged with an offence punishable under section 9, the ¹[Director General], may, without formal trial, reprimand or severely reprimand such officer or may refer the matter to the ¹[State Government] for orders.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
5. omit. by sec. 7 of U. P. Act no. 24 of 2009.

Section 13.Trial of offences

An offence punishable under section 9, shall if the charge is not disposed of under section 10, 11, or 12, be tried by a Magistrate of the first class having jurisdiction.

Section 14.Powers of State Government to award punishment

Without prejudice to any other punishment which the ¹[State Government] may impose under any other law or rule, for the time being in force, the ¹[State Government] may on a reference under section 12 or on its own motion award to a gazetted officer or an honarary officer of an equivalent rank all or any of the following punishments, namely :

(a) reprimands or severe reprimand;

(b) deduction in the case of paid officer, from pay to defray expenditure or recoup loss incurred as a consequence of misconduct by him;

(d) reduction of rank.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.

Section 15.Custody during investigation

Any member of the Dal charged with an offence punishable under this Act may be taken in to and kept in custody in the prescribed manner by the prescribed authority pending investigation.

Section 16.Proof of enrolment

In any proceeding before a court the fact that a person is enrolled under this act may be proved by the production of a certificate signed by the ¹[Director General] or any gazetted officer ²[***] as may be prescribed.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
2. Omit. by sec. 8 of U. P. Act no. 24 of 2009.

Section 17.Permission by employer to join duty

(1) Except as may be prescribed, every employer, his agent or manager shall permit a member of the ¹[Prantiya Rakshak Dal/Vikas Dal], who is for the time being employed by or under him, to join his duty as such and not withstanding 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 his release there from shall, subject to such consent 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 ¹[Prantiya Rakshak Dal/Vikas Dal].

(3) Whoever contravenes the provision of subsection (1) or (2) shall be punished with fine which may extend to ³[five hundred rupees].

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.
3. Subs. by sec. 9 of U.P. Act no. 24 of 2009.

Section 18.Payment of compensation and allowance to Employer other than State Government

Whenever any member of the ¹[Prantiya Rakshak Dal/Vikas Dal] who is employed under any person other than the ¹[State Government] is called up for duty, the ¹[State Government] shall pay such compensation and allowances to the employer and to the member as may be prescribed.

1. Subs. by sec. 2 of U. P. Act no. 24 of 2009.

Section 19.Repeal of the United Provinces Homeguards Act ; 1947

19. ¹[x x x x]

1. Omit. by sec. 10 of U. P. Act no. 24 of 2009.

Section 20.Rule making power

(1) The ²[State Government] may, after previous publication in the official Gazatte, 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 may be enrolled or appointed as a member of the ²[Prantiya Rakshak Dal/Vikas Dal];

(b) prescribe the authorities under which and the conditions subject to which any person enrolled or appointed as a member of the ²[Prantiya Rakshak Dal/Vikas Dal] may serve;

(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 matter which, under this Act is to be or may be prescribed.

1. Omit. by sec. 10 of U. P. Act no. 24 of 2009.
2.subs. by sec. 2 of U. P. Act no. 24 of 2009.