(l) Every m:mber of Home Guard,who is guilty of any violation of duty or wilful breach or neglect of any provision of this Act or of any rule or lawful order made by competentauthority or who has withdrawn from the duties of his otfice without permission or who being required to undergo training under section 7 or being called out under section 9 without snlfizient came neglects or refuses to obey therequirements or the order calling him out or who is guilty of cowardice or offers anyunwarranted personal violence to any person in his custody or who failswithin thirty days to surrender his certificate, arms, accoutraments, clothings and other necessaries under sub-section (1) of section [0 shall be punishable withsimpleimprisonment for a term which may extend tothree months or With finewhich may extend to two hundred and fifty rupees or with both. -(2) An oflence punishable under sub-section (1) shall be cognizable.(3) The Commandant General or subject to the control of the CommandantGeneral, the Com may for any act of commission or omission punishable under sub—section (1) awardto any member of Home Guards,-withaut formal trial, who is subject to hisauthority, any of the following punishments namely,
(a) imprisonment in the quarter guard of a police line or such other placeas may be considered suitable, for a term which may extend to 28 (tWentyeight) days when the order is passed by the Commandant Generalor to 7 (seven) days when 'it is passed by any other officer. Suchimprisonment shall involve the forfeiture of pay and allowances, if any,for the period of imprisonment;
_ '(b) punishment drill, extra guard, fatigue or other duty not exceedingtwenty eight days in duration with or without confinement to the linesas may be appropriate.
.(4) No proceedings shall be instituted in any Court under tsub-section (1)without the previous sanction of the State Government. V k13. Power to make mles.— (l) The State Government: may make rulesfor carrying out the purpose of this Act.
(2) In particular and without prejudice to the generality of the foregoingpOWer, such rules may provide for all or any ofthc following matters, namely:—(a) regulating the powers exercisable by the- Commandant General andthevCommandant under section 7 and providing for the exercxse by anyofficer of Manipur Horne Guards of the said power;
(b) the exercise of control by officers of‘ thepolice OVer members when.acting directly in aid of the police force;
(c) regulating the organisation, anpointment, conditions of service, duties,discipline, arms, accoutrcments and clothings of the members of HomeGuards and the manner in which they may be called out for serviceincluding prescribing their terms of office;
(d) conferring on members according to their ofl‘ice any powers other thanthe powers of an Executive or Judicial Magistrate exercxsable by anyperson under any law for time being in force; and
(e) any other matter which has to be, or may be prescribed.
> 6
(3) Every rule made undex this Act shall be laid, as soon as may be, ‘hefore the House of the State Legislature while it is in session, for a tots petiod of twenty days which may he comprised in one session or in two or more successive sessions, and if, before expiry of the session immediatelv following on successive sessions aforesaid, the House agree in making modificatiu in the rule that the rule should not be made, the rule shall thereafter have efiect only in such modified form or he of no effect, as the case may he,so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule.
14. A member of Home Guards to be public Servant—A member of Manipur Home Guards acting under this Act shall Ire deemed to he a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).
15. A member of Home Guards not disqualified for election to State Legislature or Local Bodies—(l) Amember of Manipur Home Guuds shall not be disqualified for being chosen as and for being a member of Manipur Legislative Assembly of the"'State of Manipur merely by reason of the fact that he is a member of the Home Guards.
(2) Notwithstanding anything contained to the contrary in any other law for the time being in force, a member of'the Manipur Home Guards shall not be disqualified for being chcsm as and for being a member 0f any local authority merely by reason of the fact that he is a member of Manipur Home Guards or that he holds any office of profit under the. Government by virtue of his being a member of the Manipur Home Guards. ‘ ~ 16.. Repeal and Savings—(l) The Manipur Home Guards Act, 1966 (Manipur Act No. 7 of 1966) is hereby repealed. ' .
(2i Notwithstanding such repeal, anything done or action taken (including‘ anyappointment or_ delegation made, order or direction issued, rules made under that Act etc.) under the said" Act shall be deemed to_ have been done or taken.
under the corresocnding provisions 0f.this Act and shall continue in forfi accordingly unless supereeded ‘by anything done or any action taken under ‘ {elevant provisions of this Act.
- 7 THE SCHEDULE” {See section 6 (3)] Form of certificate of appointment Shri ~~~~~ son of — —- —— —— resident of —- -- has been appointed a Home Guard under section 6(3) of the Manipur Home Guards Act, 1989.
When lawfully on duty, he shall have the same powers, privileges and protection as an ofiicer of police appointed under any enactment for the time being in force- Date of appointment.
Ptace ; ' Signature and Seal of the Prescribed Date : Authority.
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2. The aeratatyfiggielatiu Assamrblymanipur.
3. Thu 391.5‘eczetary (Emma) fleet; of mm.
4. The Birletarfirinting & Stationarymanipflrfar favour of pakiieetim in the Bauzipa:Santa Extr‘I-ardinary dated fl-t-t-Q’F; IIIis rememe kindly to and 559 (titty): sepia:L)? the publicatian tn the Law hepartunt.
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