(1) Every person who for any reason ceases to be a Home Guard shall forthwith deliver up to the Commandant or to such person and at such place as the Commandant may direct, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him as such Home Guard.
(2) Any Magistrate or, for special reasons which shall be recorded in writing at the time, any police officer not below the rank of an Assistant or Deputy Superintendent of Police may issue a warrant to search for and seize, wherever they may be found, any certificate, arms, accoutrements, clothing or other necessaries not so delivered up; and every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), by a police officer or if the Magistrate or the police officer issuing the warrant so directs, by an other person.
(3) Nothing in this section shall be deemed to apply to any article which under the orders of the Commandant General has become the property of the person to whom the same was furnished.
10. Punishment for neglect of duty, etc. --- (1) The Commandant or the Commandant General shall have authority to suspend, to reduce or to dismiss or to fine not exceeding fifty rupees, any Home Guard under his control, if such Home Guard on being called out under section 6, without reasonable cause neglects or refuses to obey such order or refuses to discharge his functions and duties as a Home Guard or refuses to obey any other lawful order or direction given to him for the performance of his functions and duties or is found guilty of any misconduct or breach of discipline.
(2) The Commandant General shall also have authority to dismiss any Home Guard on the ground of conduct which has led to his conviction on a criminal charge.
(3) When the Commandant or the Commandant General passes after inquiry an order suspending, reducing, dismissing or fining any Home Guard under sub-section (1), he shall record such order or cause the same to be recorded together with the reasons therefor and a note of the inquiry made, in writing, and no such order shall be passed unless the person concerned has been given an opportunity to be heard in his defence.
454
(4) Any Home Guard aggrieved by such order of the Commandant may appeal against that order to the Commandant General and any Home Guard aggrieved by such order of the Commandant General may appeal against that order to the Government, within thirty days of the date on which he was served with notice of the concerned order; and thereupon the Commandant General or the Government, as the case may be, may pass such orders as he or it thinks fit.
(5) The Commandant General or the Government may, at any time, call for and examine the record of any order passed by the Commandant or Commandant General, as the case may be, under sub-section (1) for the purpose of satisfying himself or itself as to the legality or propriety of such order and may pass such order in revision with reference thereto as he or it thinks fit.
(6) Notwithstanding anything contained in any other law ---
(a) any order passed in revision under sub-section (5),
(b) subject to such order in revision, any order passed in appeal under sub-section (4), and
(c) subject to the orders in revision and appeal aforesaid, any order passed by the Commandant or Commandant General under, sub-section (3), shall be final.
(7) Any fine imposed under this section may be recovered in the manner provided by the Code of Criminal Procedure, 1898 (5 of 1898), for the recovery of fines imposed by a Court as if such fine were imposed by a Court.
(8) Any punishment inflicted on a Home Guard under this section shall be in addition to the penalty to which he is liable under section 11 or any other law for the time being in force.