(1) The Commandant-General or any other officer prescribed in this behalf shall have the authority to discharge or suspend any member of the Home Guards in accordance with the rules made in this behalf. A home guard may resign from the force after giving one month's notice delivered to such officer as may be prescribed.
(2) Subject to the provisions of the last preceding sub-section, every Home guard shall be entitled to receive his discharge from the Home Guards on the expiration of the period specified in sub section (2) of section 11.
(3) Every person who for any reason ceases to be a member of the Home Guards, shall forthwith diver up to the Commandant-General or to such officer and at such place as may be prescribed or as the Commandant-General may direct, his certificate of appointment and the arms, accoutrements, clothing and other articles which may have been received by him as such member.
(4) Any magistrate may issue a warrant to search for and seize wherever they may be found any certificate, arms, accoutrements, clothing or other articles not so delivered up. Every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898, by a police officer, or, if the magistrate issuing the warrant as directs, by any other person.
(5) Nothing in this section shall be deemed to apply to any article which under any general or special order of the Commandant-General has become the property of the person to whom the same was furnished, 147 [The Uttar Pradesh Home Guards Adhiniyam, 1963] [Section 13-14] Penalties 13. (1) If a home guard- ------
(a) fails to report himself when called out for duty under section 8 ;or
(b) without sufficient excuse neglects or refuses to obey any lawful order or direction of his superior officer or other competent authority or fails to discharge his function as a member of Home Guards while on duty ;
(c) deserts his post ; or
(d) is guilty of cowardice ; or
(e) offers any unwarranted personal violence to any person in his custody;
he shall, on conviction by a magistrate of the first class, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both.
(2) If any person willfully neglects or fails to comply with subsection (3) of section 12, he shall on conviction, be punished with imprisonment of either description for a term in which may extend to three months or with fine which may extend to two hundred rupees or with both.
(3) No prosecution shall be instituted under sub-section (1) or (2) without the previous sanction of the Commandant-General or such other officer as may be prescribed in this behalf.
(4) On a report of [the District Commandant] 1 a police officer may arrest without a warrant any person accused of an offence punishable under sub-section (1) or (2).
(5) When a member of the Home Guards other than an officer commits an offence punishable under sub-section (1) [the District Commandant] 2 or such other officer as may be prescribed, under whom the member is for the time being serving may direct that the charge shall be dealt with without formal trial and thereupon the said Commandant or other officer may in the prescribed manner award to him anyone or more of the following punishments; namely : --
(a) confinement in such place as may be considered suitable for a period not exceeding two days;
(b) punishment drill, extra work, fatigue or other duty not exceeding seven days in duration, with or without confinement to quarters ; and
(c) forfeiture of allowances.
Obligation of employer to permit Home Guards to join duty