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Section 5: Functions and duties of members

The Karnataka Home Guards Act, 1962State Act of Karnataka · Act 35 of 1962

(1) The Commandant General may at any time call out any member of the Home Guards for training, or to discharge any of the functions or duties assigned to the Home Guards in any part of the State in accordance with the provisions of this Act and the rules made thereunder.

(2) The Commandant may at any time call out a member of the Home Guards for training or to discharge any of the functions or duties assigned to him by or under this Act.

(3) The Deputy Commissioner or the Superintendent of Police of a District may at any time call out a member of the Home Guards to discharge any of the functions or duties assigned to him by or under this Act.

1 [5A. Obligation of employer to permit Home Guards to join duty.—(1) Subject to such rules as may be prescribed, every employer shall permit a Home Guard, who is for the time being employed by or under him, to join, his duty as such, and notwithstanding anything contained in any law or agreement between him and such Home Guard, the employer shall be liable to pay to such Home Guard, for the period of his duty as such Home Guard, not exceeding sixty days in a year, the pay and allowances, as if such Home Guard had not been called out to join his such duty.

Explanation.—For the purpose of this sub-section, duty includes any training as such Home Guard.

(2) No employer shall dismiss, remove or suspend any employee or take any other action which may prejudice such employee only by reason of his being a member of the Home Guards.

(3) Whoever contravenes the provisions of subsection (1) or (2) shall be punished with fine which may extend to one thousand rupees.

(4) Nothing in this section shall apply to an employer unless he had been informed by the employee of his being, or by the concerned Commandant of such employee being, a Home Guard at the time of applying for employment under such employer or at the time of enrolment as a member of the Home Guards while being such employee.]

1

1.Section 5A inserted by Act 11 of 1977 w.e.f. 28.1.1977 Home Guards [1962: KAR. ACT 35 816

Where this provision sits

ActThe Karnataka Home Guards Act, 1962
Section5
Marginal noteFunctions and duties of members
JurisdictionState of Karnataka
StatusIn force as published by the source

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