Andaman and Nicobar Islands act 5 of 1964 : The Andaman and Nicobar Islands Home Guards Regulation 1964

_ THE ANDAMAN AND NICOBAR ISLANDS ~, " ^. ~. .. HOME GUARDS REGULATION, 1964 -; lot No. 5 -, OF 19,64

Pimnulgatedb y the President in the Fifteenth Year of the Republic of India. A R.egUlation to provide a volunteer organisation for use -,..,in emergencies and for other purposes in the Union

. territory of Andaman and Nicobar Islands.

In e1!ueise of the powers conferred by clause (1) of article 240 of the Constitutio», the President is pleased to promulgate the fo1lowi1lg Regulat1bn made by him :-

l_._(J) TlW! Regulation may be called the Andaman;rod Nicobar = ~ .",--:- .. 1~ Home Guards Regulation, 1964. • '. ~ .. " - ~t. • ~2) It exteads to the whole of the Union territory of Andaman ~ . . ·tmd ~ieobax lsW:tds. ;t1 '{3> It shall come into force in such areas on such date as the lChief ~ Commissioner may, by notification in the Official Gazette, . { aPPoint and different dates may be appointed for mfIerent areas._ . • 2. In this Regu1a:&n, unless the context otherwise requires,- DefinW:008. (a.) I'Chlef Commissioner" means the Chief Commissioner of .Andamaa and Nieobar Islands;

(h) "Islands" means the Andaman and Nieobar Islands; .-- (c) "Offieta! Gazette" means the Andaman and Nicobar

Gaootte;

(d) "prescribed" means prescribed by rules made under this

Regulation. s. (1) ~:.. ~.9!'2!PiS8~0E-~f~~onsti~t~ for ~£h of th~~,)' areas notified under sub-section (3) of section 1, a volunteer body ~ 804, called the Home Guud'S, the members of whim shall exercise such ~meo.t powers and perform such duties in relation to the protection of dan~-

" ~n8, the security -of properly and the public safety as may be =~:"

_g;a.ed -tc tfte.m in aecordance with the provisions of·1his Regti]ation _. attd'the rules made thereunder. - . .•..

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~UJ. C(1\..l.J. \.1'L Lo.,l.l.\:; . •. .L_ .•. .I..I. •••..•••...• ~u..£. ...,_~ _ (3) The Chief Comnassioaer shall also appoint a ~a.JIldant ,Df the Home Guards .in wfwm ,slmll vest .1he ~eral s'tl.peivi,sion and

•. i . .control of the Home Guards in the Islands. ~t 4. (1) Subject to the approval of the Commandant, the lI\rea mbers. Commandant may appoint as members oi the H0.IDe Gua!t' 'lfOO' saM! - -.

area such number of perseas, who are fit and willing to serve, as '", _--

~ay from time to time be determined by the Chief Commissioner .i2!t respect of each. stteh area and may appoint any such m.emfrer to any oftice of eommand in the Home Guards.

(2) N otwithstanding anything contained in sub-section (1), the Commandant may appoint any such member to.any -pQst under his immediate eoatrol, / U --_-.......,..., . (3) Every member of the Home Guards shall recerve a certifica.te wbieh shall be in &U.eh for~ aad shall be issued by iJU(lh .alltJ~(u·ity

as - m '~ ay be presCribed. '. . ~ 11 (4) Every member of the Home Guards ahall i~eeive .such lj training during such hours and for such period as ~1~.P)."es~~ including training in- . -... . «(1) palice duties like eontrol o.f tra6ic and ore-was; • .

(b) rescue operations, first-aid and ftre figbti.Qg; "t( V (c) map reading, fieldcraft, wireless oper~tioo a.wluse of fire- arms. ! " I

:riod of ./ 5. (1) A member of the Home eluards shall be required to serve , f

rvit.e and the Govemm6llt fer such period as may be 1>l'es6i:bed but any such -Y- .•..

~ wember may be discharged from .the Home G~ :a1 allY' time by t

such authority on such grounds and subject to such cOll:dktLOllfS as ;~

may b - e prescribed: .

Provided that it shall not be necessary for "Such' .ty to n

disclose the grounds if such authority considers .that su~ disclosure ~

wm be against the public interest, .. ^I- l)_:f

(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 . t uarda. powers and discharging the duties, whe~e.r within or .aut:sid.e

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. . 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 J the: H"Ome Gumds in . respect of anything done or purported to be 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~ . .o J. .th.e officers of police force in such manner and to such extent as \ . may be" '·l'es6:fhed.

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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 I I 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:

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 emplyer 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 f I , his Iastrermmeration was payable' to him by the- employer. • ~.,,/ --""" . :."f ..

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\&.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 OJ 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. 10. When any person called out by an order under section 6 has certain ghts of any' rights under any provident fund or superannuation fund or other rrsons cal- scheme for the benefit of employees maintained in connection wit_h i out

ider the employment he relinquishes, he shall continue during t!te period etion 6. for which he has been so called out and if he is reinstate~ount:it such reinstatement under the provisions of this Re w gu ; l x a ;. t ion, 'to have in respect of such ~or scheme such tights as be p-re$b-ihe!. Iyand . 11. (1) -Every member of the Home Guards shall, during the

QWIllCU period of . t raining-or service in the Home Guards, receive from the . Governmen - t such allowances as may be prescribed .

(2) W,pere any such member was in any employment imme-

diately before he is called out for training or service by an order under section 6, the employer shall be liable to pay to him the pay and allowances as if such member had not been so called out. '

(3) - If any employer refuses or fails to pay any such member the pay and allowances as provided in sUb-sefion (2), such pay and ":.-- . - ~

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0Iii:' '1.2. (1)' Every person who for any reason ceases to be a member Sf~:~~er

. 0 ~'uucate, of the Home Guards shall forthwith deliver to the Area Commandant arms, etc. ot tG such person and at such place as the Area Commandant may .~t his certificate o! appointment," arms, accoutrements, -clothing

and other.articles supplied to him as a member of the Horne Guards.

(;3) The Area Ccmmandant or such other person receiving under

sub-section (1) any certificate of appointment, arms, accoutrements,

clothing and other articles, shall give a. receipt for the same to the

person delivering such certificate, .arms, accoutrements, clothing and

other articles.

(3) AAy magistrate, and for special reasons which shall be record-

ed in writing at the time, any police officer not below the rank of an Assistant ~uperintendent of Police, may issue a warT~t to searc~ /fur . and seize, wherever they may be found, any certificate, arms, :.. accoutrements, clothing or other articles not so delivered up. Every warrant so issued shall be executed in accordance with the provisions

1898. of the Code of Crimizal Procedure, 1898. by a police officer QI' if the

magistrate or the police officer issuing the warrant so directs,·by any .: other person .•. (4) Nothing in thi.s. section shall be deemed to apply to any article which under the orders of the Commandant has become the

property of the person to whom the same was furnished.

13. (1) The Area Commandant may; by order in writing, suspend Suspension ' cr remove from the Home Guarda any member of the 'Home Guards or removal, _ / under his control,- . ~~ ~I~(a) who on being called out bY. an order under section 6, \" ~thou . t , r easonable cause neglects or r~e fuses-

(i) to obey such order, or

(ii) to exercise the powers and discharge the duties as a member of the Home Guards, or

(iii) to obey any lawful order or direction given to him -. a member of the Home Guards; Of, . (b) who is guilt! of any breach of discipline Or of any misconduct. --- _• .

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~Lo ~. ~~Cl"'T""'IIi:O "'LJ -- ---J.--- ..•. mem))e:r-'of the Home Gu~ appoiAted to a post under his ·:ilnll't~dIi*e control and may also dismiss any member ef the Hom-e- Gum-ds on

the ground of conduct which has led to his conviction on a. criminal

charge. (2) N"O 1)l'oer ~!iier sub-seetion (1) shall be passed unless the

lIt :bel' of the Home GuaJ!'\ds affee.ted by sUC1h ()rder is giVeLt an

'QpJlQftuniiy to be' hsard in his aefence:

Pr~ded that this sub-seetion shall net apply where a member

of the 'Home Gttal"cl.s is d'i:smissed on the ground of eon dud- whieh has ·le!.l to 1ris {!onvietion on a criminal cha~e. / (3) The suspension or removal of a member of the .Home Guards

./ nude! this sectio~ shall be in ad~ition to any penalty to w?ich s~ch

member may be liable under section 14 or any other law for the time

being in force . .

s. H. (I) If any member of the Home Guards, on being cal:'l'e-d out

by an order under section 6, without reasonable cause neglects or

'refuses- ,\. /- :: : :~;C:':h::~:~S and discharge the duties as a ;,

.\ ~ member of the Heme Guanis, or \,

(c) to obey any lawful order or direction given to him as a .; fi. member of the Home Guards, ali, 00. amviction.' be pu.nishabl-e- with simple ·lmprisonmelll.t for a tarm whieh may e:x:te.nd to wee months, or with fine whiea may extend to two hundred and fifty rupees, or with both.

(4! If -any member af the Home 'Guards wilfully neglects or

refuses to deliver up his certificate of appointment or ~y other

article in accordance with the provisions of sub-section (1) of

/ section 12, he shall, on conviction, be punishable with imprisonment

wbicb.--mc(y extend to ene IDo.nth, or with fine which may extend to

one hundred rupees, or with both . ..J {3) lie p:ro-ceeding shall be lnstituted under sub-section (1) or

sub-section (2) without the previous Sanction of the Commandant. I _ C~) A ~cre ·oamcal' may arrest without warrant any person who J commits an offence punishable under this section. ----.... _ ..•. - - _<

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. ~ revision. ! • of the A!n€a Commandant may appeal a~st such order to the ~ I I Commandant and any member aggrieved by an order of the Com- \ mandaar, (aot he~ an order passed in appeal) may appeal against • / such order to the Chi€f Cemrnission within dililrly days of the elate on which he was served with notice of sach order. The Commaadant .1 or the Chief Commissioner, as the case may' be, may pass such order

as.he tlMnk:dit.aonUnning. modifying or amg,Hi;n~ lhe order appealed :J

, against.

<; (2) The Chief Commissioner may of hi own motion or on r ./ applkati:on call for and examine the record, of any order passed- by

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I' , the A:r,ea Commandant or a Commandant and revise, after such ~ inquiry as he may deem necessary, any such order: I Provided that no. order prejudicial to a .person shall be passed under this. sub-section without giving him a reasonable opportunity " i of befng heard : I

Provi~ fUllther that the. Chief Comanssicaer &hall 'Rot issue "; .l any order under this sub-section in any- case- .""

(a) where an appeal against the order lies and the time ~f

within whic.h. such appeal can be made has not expired or the. ^?! person has not waived his right to appeal; ~ '^':^:'I I

.! (b) where the order is the subject of an appeal;

(c) where the application is made by an aggrieved person

for such revision, unless the application is made within ninety ^, days from the date on which 1:tte order was served on the l· applicant. )..6'.: .(1-). The Chief Commissioner may make ruJes to carry out Power to an' ~ ~-'y::8'1& e :p\lnpos.es of this Regulation. - make rules. / ,(4) In ~ 'cular and. without prejudice to the generality of the foregoing po er, such rules may provide for or regulate the following r- 'matters, narrte-J,:- t

(d) all matters expressly required or allowed by this r '" ~

Regulation to be prescribed; ^{;. ' ..} (b) the organisation, qualifications, appointment, discipline. t.-J training, arms, accoutrements, clothing, conditio-ns of service, ^I

l powers and duties of the Home Guards; 1

,·t (c) the exercise by any officer of the Home Guards o~ the p_ powers conferred by section 6 on the Area Commandant and the t~ Commandant: ' . . . .., . i .. -

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. ('o~~~ ~~em.ber~-~f-;he H~;'G~~ds acting in aid of the police'. • ~ .. ~ ~ .. /" force; :. ~... . .•.•. .\:~ ~ . (e) the eonstitution of the authority for the purpose of : ;' section 9 and. the manner in which such authority may conduct "- any inquiry u.nder "this Regulation.

J)) All rules made under this Regulation shall be pub&hed ill .

the Off .. i cial Gazette. ... < •. ~ . .'l-

&-, ,.,:! •••• -~-:'1: 17. Members of the Home Guards. acting under this Regulatin .. -": , •.. _, , shill be deemed to be public servanta.grithjn the meaning of secticn ,il. "",:.~. '0; to

lc of the Indian Penal Code. 45 of 1860. ...

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