A Nagar-Sainik (Home Guard) undergoing a course of training or performing service as required by sub -section (2) of Section 7 of the Act or at an annual camp of exercise or when called out on duty under sub -rule
(1) of Rule 9, shall if he does any of the following acts be deemed to have committed an offence against the force,—
(1) when on parade and engaged on any duty or wearing Nagar Sainik (Home Guard) uniform, he,—
(a) strikes or uses or offers violence to or uses threatening or insubordinate language to or behaves with contempt to his superior officer; or
(b) disobeys any standing order, or lawful command given by his superior officer; or
(c) neglects to obey a geneilal order given by the Pradhan -Senani (Commandant -General) or the Senani (Commandant) of the unit of which he belongs; or
(d) is found in a state of intoxication; or
(e) being an officer of the Nagar -Sainik (Home Guards) strikes or i l l -treats any person who is his subordinate in rank or posit ion and is subject to the provisions of the Act;
(2) without sufficient cause fails t o appears at the place of parade at the t ime fixed or to attend at any place in his capacity as a Nagar -Sainik (Home Guard) when duly required so to attend or when on par ade without sufficient cause quits the ranks;
(3) without sufficient cause fails to perform any part of the training which by or under the Act he is required to perform;
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(4) strikes, or uses or offers violence to any person whether subject to the Act or not in whose custody he is placed and whether such person is or is not superior officer;
(5) resists an escort whose duty i t is to arrest him or detain him in custody;
(6) being under arrest or detention or otherwise in lawful custody escapes or at tempts to escape;
(7) when in charge of any property belonging to the Provincial Government or to the unit , makes away with or is concerned in making away with any such property;
(8) wilfully injures or by culpable neglect loses or causes injury to any such property as is mentioned in clause (7);
(9) knowingly furnishes a false return or report of the number or state of men under his command or charge or of any money, arms, ammunition, clothing, equipment, stores , or other property in his charge;
(10) through design or culpable neglect omits to make or send any return of any matter mentioned in clause (9) which i t is his duty to make or send;
(11) when i t is his official duty to make a declaration respecting any matter makes a declaration which he either knows or believes to be false or does not believe to be true;
(12) knowingly makes against any person subject to the Act an accusation which he either knows or believes to be false or does not believe to be true;
(13) falsely personates any other person at a ny parade or on any occasion when such other person is required by or under the Act to do any act or at tend at any place or abets any such act or personation.
12. Punishment of MIS Conduct - (1) Without prejudice to the insti tution of a criminal prosecution in any case one or more of the following punishments may be imposed on a Nagar -Sainik (Home Guard) found guil ty of an offence specified in Rule 11,—
(i) reprimand;
( i i) confinement to barracks for a period not exceeding one week;
( i i i) extra parade and extra fatigue;
( iv) suspension;
(v) reduction in rank;
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(vi) dismissal .
(2) Any Nagar -Sainik (Home Guard), other than an officer, charged with an offence against the force shall be brought before the Gan -pati (Company Commander) of his unit who, if after making a summary enquiry, f inds the accused guil ty, may reprimand him or if the accused is undergoing a course of training or being on the reserve is at an annual camp of exercise may impose the punishment specified in i tem (i i) or ( i i i) in sub-rule (1).
(3) If after the summary enquiry as aforesaid the Gan -pat i (Company Commander) considers that the offence requires a more severe punishment, he may suspend the accused and order that he be placed before the Senani (Commandant) with the least possible delay.
(4) The Senani (Commandant) shall then furnish the accused with a copy of the charges against him and give him an opportunity to disprove them or show cause in extenuation thereof. If the Sanani (Commandant) thereafter holds the accused guil t y of an offence against the force he may impose any of the punishments specified in sub-rule (1).
(5) If the Senani (Commandant) considers that any of the aforesaid punishments is not sufficient to meet the ends of justice or the interests of discipline in any particular case, he may in addit ion to any such punishment recommend the prosecution of the accused under Section 13 of the Act.
(6) If an officer is al leged to be guil ty of an offence against the force the Senani (Commandant) or the Pradhan -Senani (Commandant -General) , as may be appropriate, shall summon the accused officer and make a summary inquiry. The enquiring officer shall furnish the accused with a copy of the charges preferred against him and shall give him an opportuni ty to disprove the cha rges or show-cause in extenuation No punishment other than reprimand, confinement to barracks (if the accused officer is at a training camp) or suspension shall be imposed by the Senani (Commandant) or the PradhanSenani (Commandant -General) , as the case may be.
l i the Senani (Commandant) or the P radhan-Senani (Commandant -General) , as the case may be, considers that the case requires more severe punishment, the papers shall be submitted to the Provincial Government with a recommendation, and the Provincial Government may after such inquiry, if any, as i t considers necessary impose any punishment specified in sub -rule (1) and may order the prosecution of the accused officer.
13. Appeal - (1) A Nagar -Sainik (Home Guard) other than an officer in respect of whom an order of suspension, reduction in rank or dismissal is passed, and an officer in respect of whom an order of suspension is passed by any authority subordinate to the Provincial Government may within thirty days, appeal in the manner laid down in the standing orders to the authority immediately superior to the 11 authority passing the order. Any order passed by the appellate authority in such appeal shall be final and no peti t ion by way of revision or review shall l ie to any authority in respect of any such appellate order.
(2) An officer in respect of whom an order of reduction in rank or dismissal has been passed by the Provincial Government may apply in review to the Provincial Government against such order and any order passed on such application shall b e final .
14. Maintain of Service Record - A record of service of officers and other ranks shall be maintained in Form B annexed to these rules.
15. Standing order for these purpose - The Pradhan-Senani (Commandant - General) may after consultation with the Inspector -General of Police and the previous approval of the Provincial Government make standing orders for carrying out the purposes of these rules generally and in particular for, —
(a) al l matters required to be laid down by s tanding orders under these rules;
(b) f ixing the scale of clothing and necessar ies to be supplied to all ranks of the Nagar -Sena (Home Guards);
(c) the manner of presentation of appeals and the action to be taken by the appellate authority;
(d) the manner in which records shall be maintained and the channel through which correspondence between the Pradhan -Senani (Commandant -General) and his subordinates shall be carried on.