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Section 9: Control of members of Home Guards

The Manipur Home Guards Act, 1989State Act of Manipur · Act 11 of 1997

The members of the Home Guards when calledbut tor undergoing training or in the aid of police force, shall be under the control _of the officers of such force, in such manner and to such extent as may be prescribed.

10. Certificates, member of Home Guards—(l) Every member offor any reason ceaseé clothings and other necessaries .which have been furnished to him as such member of Manipur Home Guards.

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clothings or other newssaries not soshall be exetrtm in_accrrrarcc Nth tle piovisions of thProcedure, 1973 (2 of 1974) by a police officer or if the Mathger 5§5P538 the warrant so directs, by any other person.

_:-., -(3)-‘~ Nothing in this sedion vahall be deemed to apply to any article whiqh under the orders of the Commandant. General has become the property of the person to whom the same ‘33.. furnished.

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11. Punishment for neglect of duty etc.——(l) The Commandant shall have the power to suspend, reduce or dismiss or to impbse tine th exceeding a sum of , rupees two hundred ani fifty on any member of the Home Guards under his‘ control, if such member neglects or rufuses to discharge his functions and duties as. a member of the Manipur Home Guards oridiSObeys any lawful-‘order or direction given to him for the due performance of his functions and duties or‘ is guilty of any breach of the discipline or misconduct. ,_

(2) The Commandant General may in respect of any member of Home Guards appointed toa postimmcdiately under his control impose any penalty specified in sub—section (1) and may also dismiss any member of the-Manipur;

Home Guards on the ground of conduct which has led to his conviction on a criminal charge. ‘ '

(3) Notwithétanding anything contained in this Act, the Commandant General or the Commandant may discharge any member of the Home Guards at any time Subjea to such conditions as maybe prescribed, 'if in the opinionof the Commandant General or the Commandant, as the case may be; servicesof such member are no longer required. ' . -

(4) When the Commandant General or the Commandant passes an order suspending, reducing, dismissing or imposing fine on any member of the Manipur Home Guards, .under sub-section (l)or subsection (2) he shall do so only after due enquiry and shall record such order together with the reasons therefore and' no ordershnll be passed by the Commandant General or the Commandant unless person concerned is given areasonable opportunity to be heard in his defence. -' ‘ -

(5) Any member of the Manipur Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General and, if aggrievod by an Order of the Commandant General, may appeal against such order to the State Government. The appeal shall be filed within” forty-five days from the date on which the order is received by such aggrieved person.

(6) TheCommandant General or the State Government may. ‘ either suomotu or on application call for and examine the records of any order passed by any ofiiccr subordinate to him or it under this Act for the purpose of satisfying himself or itself as to the legality or propriety of such order and may pass such:

order with reference thereto as he or it thinks fit. .

(7) Notwithstanding anything contained in any other law,— ‘(a) any order passed in revision under snb—soction (6);

(b) subject to such order in revision any order passed in appeal under ~ sub-section (5);

(c) subject to the orders in revision and appeal aforesaid, any order passed I by the Commandant General or the Commandant under sub—section (1) ‘ , and (2);

shall be final.

. (8) Any fine imposed under this section may be recovered in the manned provided by the Code of Criminal Procedure; 1973 for the recovery of fine impowd by a Court as if such fines were imposed by a Court.» : y. . ’ i 5

Where this provision sits

ActThe Manipur Home Guards Act, 1989
Section9
Marginal noteControl of members of Home Guards
JurisdictionState of Manipur
StatusIn force as published by the source

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