(2) A member of the Home Guards, when called out by an.
order under section 6, shall have the same powers, privileges and protection as an officer of police appointed under any law for the time being in force,
(2) No prosecution shall be instituted against the member of the Home Guards in respect of anything done or purported to be done by him in the exercise of his powers or the discharge of his duties as such member except with the previous sanction of the Commandant.
Pcwen, privilege!
and protection of Home Quardi.
8. A member of the Home Guards, when called out by an order under section 6, in aid of the police force, shall be under the control of the officers of police force in such manner and to such extent as may be prescribed.
Control by offlcen of police fore*.
9. (I) It shall be the duty of every employer by whom a person called out by an order under section 6 is employed to grant him such leave as may be necessary and to reinstate him in his employment on the termination of the period during which he has been ao called out in an occupation and under conditions not less favourable to him than those which would haw Leen applicable to him had he not been so called out:
Provided that if the employer refuses to reinstate such person or denies his liability to reinstate such person or If for any reason the reinstatement of such person is represented by the employer io be impracticable, either party may refer the matter to the prescribed Reinstatement in civil employ of persons C4lkd out under section 6, 38 THE GAZETTE OF INDlA EXTRAORDINARY LPAHT H authority and that authority shall, after considering all matters which may be put before it and after making such further inquiry into the matter as may be prescribed, pass an order—
(a) exempting the employer from the provisions of this section, or
(b) requiring him to re-employ such person on such terms as that authority thinks suitable, or
(c) requiring him to pay to such person by way of compensation for failure or inability to re-employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the employer.
(2) If any employer fails to comply with the order under clause
(b) or clause (c) of the proviso to sub-section (1), he shall be punishable 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 remuneration was payable to him by the employer, and any amount 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 defence for the employer to prove that the person formerly employed did not apply to the employer for reinstatement within a period of two months from the termination of the period during which he was called out by an order under section 6.
(4) The duty imposed by sub-section (I) upon the employer to grant leave to such person as is referred to in that sub-section or to reinstate him in his employment shall attach to the employer who, before such person is actually called out by an order under section 6, terminates his employment in such circumstances as to indicate an intention to evade the duty imposed by that sub-section, and such intention shall be presumed until the contrary is proved if the termination takes place after the issue of an order relating to that person under section 6.
10. When any person called out by an order under section 6 has any rights under any provident fund or superannuation fund or other scheme for the benefit of employees maintained in connection with the employment he relinquishes, he shall continue during the period for which he has been ao called out and if he is reinstated, until such Prewrntloa of certain rlghti of per$on> called out under Motion 6.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3y reinstatement under the provisions of this Regulation, to have In respect of such fund or scheme such rights as may be prescribed.