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KARNATAKA HOME GUARDS ACT, 1962
KARNATAKA HOME GUARDS ACT, 1962
35 of 1962
STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 35 OF 1962] Karnataka Gazette, Extraordinary, dated 1-12-1962 At present the Home Guards Organisation is in existence only in the Bombay-Karnataka Districts of the State. In view of the present emergency it is considered necessary to have a voluntary body of persons throughout the State to discharge duties in relation to the protection of persons, the security of property and preservation of public order in emergency. Hence, it is proposed to organise Home Guards in the entire State. In order to effectively control and administer the Organisation it is necessary to have a uniform law. In view of the urgency and as the Legislature was not in session, the Mysore Home Guards Ordinance, 1962, was issued. The present Bill is intended to replace the said ordinance. Except for the two clauses relating to repeal and savings, and the addition of a provision for laying rules made under the Act before the Houses of Legislature, in other respects the provisions of the Bill are identical with the provisions of the Ordinance.
STATEMENT OF OBJECTS AND REASONS [KARNATAKA ACT No. 11 OF 1977] Karnataka Gazette, Extraordinary, dated 26-3-1977 Karnataka State Home Guards is a statutory organisation in the State and the services of Home Guards have become indispensable and decisive in maintaining peace and tranquility at elections, Railway Strikes and Political and Labour Demonstrations. The Members of Home Guards, excepting a few full time paid Officers, are all Volunteers employed in Private and Public Undertakings. The Home Guards belong to different trades, professions such as Doctors, Lawyers, Educationists, Engineers, Businessmen, Central and State Government Servants and Farmers. When such members are called on duty in emergent situations either to maintain public peace and order or to safeguard public property, difficulty is experienced to call them on duty because the Employers do not treat their absence as on duty. Consequently, the Employees will have to face loss of wages, salary etc., for the period they remain absent. In some cases when such persons respond to the call to serve, as Home Guards even Departmental Proceedings were instituted against them for their absence from duty. There is no provision in the Home Guards Act, 1962 (Karnataka Act 35 of 1962), providing protection against such contingencies to the Home Guards. Therefore, with a view to protect the employees reporting themselves to the call-up from loss of salary, wages, etc., it is felt necessary that a provision be made to make it obligatory on the part of Employers to treat the period of absence at their offices while on Home Guards duty to pay their pay and allowance they are entitled to, at the place of employment, as if they are on duty. Since the Karnataka Legislature was not in session the Karnataka Home Guards (Amendment) Ordinance, 1977 was promulgated. This Bill seeks to replace the said Ordinance.
An Act to provide for the constitution of Home Guards in the State of Karnataka. Whereas, it is expedient to provide a volunteer organisation for use in emergencies and for other purposes in the State of Karnataka; Be it enacted by the Karnataka State Legislature in the Thirteenth Year of the Republic of India as follows:
Section1 Short title and extent
(1) This Act may be called the Karnataka Home Guards Act, 1962.
Section2 Definitions
In this Act, unless the context otherwise requires.
(a) "Home Guard" means a person who is appointed as a Home Guard under this Act;
(b) "Prescribed" means prescribed by rules made under this Act.
Section3 Constitution of Home Guards and appointment of Commandant General and Commandants
(1) The State Government shall constitute a volunteer body called the "Home Guards", the members of which shall discharge such functions and duties in relation to the protection of persons, the security of property and the preservation of public order or tranquility, as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.
(2) The State Government may appoint as many Commandants as it may consider necessary for the proper governance and conduct of the Home Guards and shall specify the areas over which each such Commandant shall have jurisdiction.
(3) The State Government shall appoint a Commandant General of the Home Guards in whom shall vest the general supervision and control of all the Home Guards in the State.
Section4 Appointment of Members
(1) Subject to the approval of the Commandant General, the Commandants may appoint as members of the Home Guards such number of persons, who are fit and willing to serve, as may from time to time be determined by the State Government, and may ap point any such member to any office of command in the Home Guards.
(2) Notwithstanding anything contained in sub-section (1), the Commandant General may appoint a member of the Home Guards to any post under his control.
(3) Every member of the Home Guards shall on appointment receive a certificate of appointment which shall be in such form and shall be issued by such authority as may be prescribed, and thereupon he shall have the powers, privileges and protection conferred, and discharge the duties imposed, on a Home Guard by or under this Act.
Section5 Functions and duties of members
(1) The Commandant General may at any time call out any member of the Home Guards for training, or to discharge any of the functions or duties assigned to the Home Guards in any part of the State in accordance with the provisions of this Act and the rules made thereunder.
(2) The Commandant may at any time call out a member of the Home Guards for training or to discharge any of the functions or duties assigned to him by or under this Act.
(3) The Deputy Commissioner or the Superintendent of Police of a District may at any time call out a member of the Home Guards to discharge any of the functions or duties assigned to him by or under this Act.
Section5A Obligation of Employer to Permit Home Guards to Join Duty
11. Section 5-A inserted by Act No. 11 of 1977. (1) Subject to such rules as may be prescribed, every employer shall permit a Home Guard, who is for the time being employed by or under him, to join, his duty as such, and notwithstanding anything contained in any law or agreement between him and such Home Guard, the employer shall be liable to pay to such Home Guard, for the period of his duty as such Home Guard, not exceeding sixty days in a year, the pay and allowances, as if such Home Guard had not been called out to join his such duty.
Explanation. For the purpose of this sub-section duty includes any training as such Home Guard.
(2) No employer shall dismiss, remove or suspend any employee or take any other action which may prejudice such employee only by reason of his being a member of the Home Guards.
(3) Whoever contravenes the provisions of sub-section (1) or (2) shall be punished with fine which may extend to one thousand rupees.
(4) Nothing in this section shall apply to an employer unless he had been informed by the employee of his being, or by the concerned Commandant of such employee being, a Home Guard at the time of applying for employment under such employer or at the time of enrolment as a member of the Home Guards while being such employee.
Section6 Powers, protection and control
(1) A member of the Home Guards when called out under Section 5 shall have the same powers, privileges and protection as an officer of police appointed under the 11. Substituted for the words and figures "Mysore Police Act, 1908, the Madras District [Karnataka Police Act, 1963.]
(2) No prosecution shall be instituted against a member of the Home Guards in respect of anything done or purporting to be done in the exercise of his powers or the discharge of his functions or duties as such member, except with the previous sanction of the Commandant General.
Section7 Control by officers of police force
The members of the Home Guards when called out under Section 5 in aid of the police force, shall be under the control of the officers of the police force in such manner and to such extent as may be prescribed.
Section8 Certificate, arms, etc., to be delivered up by person ceasing to be a member
(1) Every person, who, for any reason to be a member of the Home Guards or resigns his membership, shall forthwith deliver upto 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, clothings and other articles which have been issued to him as such member.
(2) Any Magistrate and for special reasons, which shall be recorded in writing at the time, any police officer not below the rank of Deputy Superintendent of Police or Assistant 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. 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 or the Police Officer issuing the warrant so directs, by any 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 issued.
Section9 Punishment of members for neglect of duty, etc
(1) The Commandant shall have the powers to suspend, reduce or dismiss, or to impose fine not exceeding a sum of fifty rupees on any member of the Home Guards under his control, if such member neglects or refuses to discharge his functions and duties as a member of the Home Guards or to obey any lawful Police Act, 1859, the Police Act, 1861, the Hyderabad District Police Act, 1329 Fasli, or the Bombay Police Act, 1951, as the case may be" by ALO 1973. order or direction given to him for the due performance of his functions and duties or is guilty of any breach of discipline or misconduct.
(2) The Commandant General may in respect of any member of the Home Guards appointed to a post under his control impose any penalty specified in sub-section (1), and may also dismiss any member of the Home Guards on the ground of conduct which has led to his conviction on a criminal charge.
(3) Notwithstanding anything contained in this Act, the Commandant General or the Commandant may discharge any member of the Home Guards at any time subject to such conditions as may be prescribed, if in the opinion of the Commandant General or the Commandant, as the case may be, the services of such member are no longer required.
(4) When the Commandant General or the Commandant passes an order suspending, reducing, dismissing or fining any member of the Home Guards under sub-section (1) or sub-section (2) he shall record such order together with the reasons therefor, and no such order shall be passed by the Commandant General or the Commandant unless the person concerned is given a reasonable opportunity to be heard.
(5) (a) Any member of the Home Guards aggrieved by an order of the Commandant may appeal against such order to the Commandant General, and any member of the Home Guards aggrieved by an order of the Commandant General may appeal against such order to the State Government.
(b) An appeal under clause (a) shall be filed within thirty days from the date on which the order is communicated to the member of the Home Guards.
(6) The Commandant General or the State Government, may either suo motu or on application call for and examine the record of any order passed by any officer 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 may think fit.
(7) Any penalty on a member of the Home Guards under this section shall be in addition to any punishment to which such member is liable under Section 10 or any other law for the time being in force.
Section10 Punishment
(1) If any member of the Home Guards on being called out under Section 5, without reasonable excuse neglects or refuses to obey such order, or to discharge his functions as a member of the Home Guards, or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction, be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both.
(2) If any member of the Home Guards wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article in accordance with the provisions of sub-section (1) of Section 8, he shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both.
(3) No proceedings shall be instituted under sub-section (1) or sub-section (2) without the previous sanction of the Commandant.
(4) A police officer may arrest without warrant any person who commits an offence punishable under this section.
Section11 Disciplinary action against Commandant or the Commandant General
The State Government may at any time, subject to such rules as may be prescribed, dismiss, remove, suspend or reduce to a lower post or rank, any Commandant or the Commandant General, whom it considers to be remiss or negligent in the discharge of his duty or otherwise unfit for the same and may order the recovery from the pay or allowances of any such officer of the whole or any part of any pecuniary loss caused to the State Government by his negligence or breach of orders.
Section12 Powers of State Government to make rules
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for or regulate the following matters, namely.
(a) the exercise by any officer of the Home Guards of the powers conferred by Section 5 on the Commandant and the Commandant General;
(b) the exercise of control by officers of the police force over members of the Home Guards when acting in aid of the police force;
(c) the organisation, appointment, conditions of service, functions, discipline, arms, accoutrements and clothing of members of the Home Guards and the manner in which they may be called out for service;
(d) the exercise by members of the Home Guards of any of the powers exercisable under Section 6;
(e) the procedure to be followed in taking disciplinary action against the Commandants or the Commandant General;
(f) generally for giving effect to the provisions of this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything done under that rule.
Section13 Members of the Home Guards to be public servants
The members of the Home Guards acting under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
Section14 Members of the Home Guards not disqualified from being members of local authorities
Notwithstanding anything contained to the contrary in any other law for the time being in force, a member of the Home Guards shall not be disqualified for being chosen as and for being a member of any local authority merely by reason of the fact that he is a member of the Home Guards or that he holds an office of profit under the Government by virtue of his being a member of the Home Guards.
Section15 Amendment of Karnataka Act 4 of 1957
In Section 3 of the Karnataka Legislature (Prevention of Disqualification) Act, 1956, after clause (b), the following clause shall be inserted, namely.
"(bb) the office of a member of the Home Guards constituted under the Karnataka Home Guards Act, 1962".
Section16 Repeal of certain Acts and savings
The Bombay Home Guards Act, 1947 (Bombay Act III of 1947), the Karnataka Home Guards Act, 1941 (Karnataka Act XIV of 1941), the Madras Home Guards Act, 1948 (Madras Act I of 1948) and the Coorg Home Guards Act, 1950 (Coorg Act I of 1950) are hereby repealed:
Provided that Section 6 of the Mysore General Clauses Act, 1899 (Mysore Act III of 1899) shall be applicable in respect of such repeal and Sections 8 and 24 of the said enactment shall be applicable as if the said Acts had been repealed and re-enacted by this Act:
Provided further that the members of the Home Guards constituted under any of the repealed Acts immediately before the coming into force of this Act, shall be deemed to be the members of the Home Guards constituted under this Act.
Section17 Repeal of Karnataka Ordinance No. 4 of 1962
(1) The Karnataka Home Guards Ordinance, 1962 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken (including any notification issued or order, rule or appointment made under the said Ordinance shall be deemed to have been done or taken, in the exercise of the powers conferred by or under this Act, as if this Act were in force on the date on which such thing was done or action was taken.
RULE
KARNATAKA HOME GUARDS RULES, 1963
In exercise of the powers conferred by Section 12 of the Karnataka Home Guards Act, 1962 (Karnataka Act 35 of 1962), the Government of Karnataka hereby makes the following rules.
Rule1 Title
These rules may be called the Karnataka Home Guards Rules,1963.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(1) "Commandant" means a Commandant of Home Guards appointed under sub-section (2) of Section 3;
(2) "Commandant General" means the Commandant General appointed under sub-section (3) of Section 3;
(3) "Form" means a Form appended to these rules;
(4) "Act" means the Karnataka Home Guards Act, 1962;
(5) "Section" means a Section of the Act;
(6) "Home Guards" means the Home Guards constituted under sub-section (1) of Section 3;
(7) "Member of Home Guards" means a member appointed under Section 4.
22. Clause (8) inserted by GSR 179, dated 1-5-1970, w.e.f. 25-6-1970. [(8) "Schedule" means the Schedule to these rules.]
Rule3 Appointment of Member of Home Guards
No person shall be appointed as a member of the Home Guards. 33. Clauses (a) to (e) substituted for clauses (a) to (c) by GSR 80, dated 30-1-1967.
[(a) unless he makes a declaration in Form 'D';
(b) unless he makes and subscribes in the presence of the Commandant or an Officer authorised by him a pledge in Form 'B';
(c) unless he has attained the age of twenty years and he has not completed the age of fifty years;
(d) unless he has passed at least the fourth standard examination in any language; and
(e) unless he has been medically examined in accordance with the directions of the Commandant General and is in the opinion of the Commandant physically fit:]
Provided that the State Government may by order published in the Official Gazette direct that in respect of any area the conditions regarding age and the educational qualification for appointment as a member of the Home Guards shall be such as it may specify in such order.
Rule4 Application for appointment
A person desiring to be appointed as a member of the Home Guards shall make an application in Form 'A'.
Rule5 Home Guards Selection Committee
(1) The State Government shall appoint a Committee to be called the "Home Guards Selection Committee" for each of the areas for which the Home Guards are constituted under the Act.
(2) The Home Guards Selection Committee shall consist of such members as may be nominated by the State Government.
(3) It shall be the duty of the Home Guards Selection Committee to 11. Substituted for the word "advice" by GSR 80, dated 30-1-1967. [advise] the Commandant in the selection of candidates for appointment as members of the Home Guards.
Rule6 Pledge
22. Rule 6 omitted by GSR 80, dated 30-1-1967. [x x x x x.]
Rule7 Certificate
Every person appointed as a member of the Home Guards shall receive a certificate of appointment in Form 'C' which shall be issued by the Commandant General or a Commandant.
Rule8 Term of Office
The term of office of a member of the Home Guards shall be three years:
Provided that if any such member is found to be medically unfit to continue as a member of Home Guards, his appointment may be terminated before the expiry of the term of office:
Provided further that a member of the Home Guards shall after the expiry of his term be eligible for reappointment:
Provided also that the services of a member of the Home Guards may be terminated at any time by the Commandant or the Commandant General, as the case may be, after giving one month's notice.
Rule9 Limit of age for a member of the Home Guards
A member of the Home Guards may continue to be such member until he attains the age of 55 years:
Provided that the Commandant General may relax the age limit in suitable cases.
Rule10 Conditions subject to which power of discharge may be exercised
No member of the Home Guards shall be discharged under subsection (3) of Section 9 unless the Commandant or the Commandant General, as the case may be, is satisfied that such member has committed an act detrimental to the good order, welfare or discipline of the Home Guards Organisation.
Rule11 Resignation
A member of the Home Guards may resign his office by an application in writing addressed to the Commandant:
Provided that such resignation shall not take effect unless the Commandant General or the Commandant accepts the same after being satisfied that there are good and sufficient reasons for the same.
Rule12 Organisation
11. Rule 12 substituted by GSR 179, dated 1-5-1970, w.e.f. 25-6-1970.
[(1) In addition to the Commandant General, the Home Guards constituted for each area shall consist of a Commandant, a Second-in-Command, an Adjutant, Senior Divisional Commanders, such staff officers as the Commandant may consider necessary, 22. Substituted for the words "Division Commanders" by GSR 319, dated 1-10-1971, w.e.f. 21-10-1971. [Divisional Commanders], Company Commanders, Senior Platoon Commanders, Platoon Commanders, Sergeant Majors, Quarter Master Sergeants, Platoon Sergeant, Section Leaders, Assistant Section Leaders 33. Substituted for the words "and Sections" by GSR 319, dated 1-10-1971, w.e.f. 21-10-1971. [and Home Guards.]
(2) The several ranks and strength of Home Guards shall be as follows.
(a) Section: A section which is the smallest Unit in the Organisation will comprise of 12 Home Guards, 44. Substituted for the figure and words "2 Assistant Section Leaders" by GSR 319, dated 1-10-1971, w.e.f. 21-10-1971. [one Assistant Section Leader] and 1 Section Leader;
(b) Platoon: A Platoon will consist of three sections under the command of a Platoon Commander assisted by a Platoon Sergeant;
(c) Company: A company will comprise 3 Platoons under the command of a company commander assisted by a Senior Platoon Commander, a Sergeant Major and a Quarter-Master Sergeant;
(d) Division: A division will comprise 3 companies under the command of a Divisional Commander;
(e) Other functionaries: The Commandant of each area shall be assisted by a Second-in-Command, an Adjutant, Senior Divisional Commanders and such Staff Officers as the Commandant may consider necessary.
55. Substituted for the word, brackets and figure "Explanation (1)" by GSR 319, dated 1-10-1971, w.e.f. 21-10-1971.
[(3)] Where the strength is less than a Platoon, the Platoon Commander will function as Officer Commanding of the Unit. 66. Clauses (2), (3), (4) and (5) relettered as clauses (a), (b), (c) and (d) by GSR 319, dated 1-10-1971, w.e.f. 21-10-1971.
[(a) Where the strength is more than a Platoon, the Senior Platoon Commander will function as Officer-Commanding of the Unit.
(b) Where the strength is more than 2 Platoons and less than a company, the Company Commander will function as Officer Commanding of the Unit.
(c) Where the strength exceeds 1 company but is less than 3 companies, the Divisional Commander will function as Officer Commanding of the Unit.
(d) Where the strength exceeds 3 companies, the Senior Divisional Commander will function as Officer-Commanding of the Unit and will function directly under the Commandant.]
Rule13 Powers of the Commandant General and Commandants
(1) The Commandant General shall exercise general supervision and control over the working of all commandants in the State and Coordinate the work of the Home Guards all over the State. He shall be directly responsible to the State Government for the efficient working, discipline, administration and training of the organisation.
(2) Subject to the supervision and control of the Commandant General, each Commandant shall exercise supervision and control over the working of the Home Guards under his command. He shall be responsible to the Commandant General and the State Government for the efficient working, discipline, administration and training of the Home Guards under his command.
(3) Subject to the supervision and control of the Commandant General and the Commandant, any officer of, the Home Guards authorised by the commandant in this behalf may exercise the powers conferred by Section 5 on the Commandant in such circumstances as the Commandant may specify.
Rule14 Discipline
(1) A member of the Home Guards shall obey every order of his superior officer.
(2) for the purpose of administration and discipline, the members of the Home Guards shall be under the control of their own officers: Provided that if a contingent of Home Guards is acting in conjunction with the ordinary Police force, the Senior Officer of such contingent present shall be under the immediate control and subject to the directions of the senior officer of such Police Force present not below the rank of an Inspector in Bangalore City and not below the rank of a Sub-Inspector elsewhere.
Rule14A Procedure for taking disciplinary action against the Commandant General or the Commandants
11. Rules 14-A and 14-B inserted by GSR 179, dated 1-5-1970, w.e.f. 25-6-1970.
[(1) A Commandant General who is a member of the Indian Police Service, shall be governed by the provisions of the All India Services (Discipline and Appeal Rules, 1957, for purposes of any disciplinary proceedings against him.
(2) No order imposing on a Commandant, other than a member of the Indian Police Service, any penalty specified in Section 11 shall be passed
(3) The State Government or any authority empowered by it in this behalf (hereinafter in this rule referred to as 'specially empowered authority') shall frame definite charges on the basis of the allegations on which the inquiry is proposed to be held. Such charges, together with a statement of the allegations on which they are based, shall be communicated in writing to the Commandant and he shall be required to submit, within such time as may be specified by the State Government or the specially empowered authority, a written statement of his defence and also to state whether he desires to be heard in person.
(4) The Commandant shall, for the purpose of preparing his defence, be permitted to inspect and take extracts from such official records as he may specify, provided that such permission may be refused if, for reasons to be recorded in writing, in the opinion of the State Government or specially empowered authority such records are not relevant for the purpose or it is against the public interest to allow him access thereto.
(5) On receipt of the written statement of defence, or if no such statement is received within the time specified, the State Government or specially empowered authority may inquire into such of the charges as are not admitted.
(6) The State Government or specially empowered authority, as the case may be, may nominate any officer to present the case in support of the charges before the authority inquiring into the charges (hereinafter referred to as the Inquiring Authority). The Commandant may present his case with the assistance of any person approved by the State Government or specially empowered authority, but may not engage a legal practitioner for the purpose.
(7) The Inquiring Authority shall, in the course of the inquiry consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charges. The Commandant shall be entitled to cross-examine witnesses examined in support of the charges and to give evidence in person and to examine witnesses in his behalf. The officer presenting the case in support of the charges shall be entitled to cross-examine the Commandant and the witnesses examined in his defence. If the Inquiring Authority declines to examine any witness on the ground that his evidence is not relevant or material it shall record its reasons in writing.
(8) At the conclusion of the inquiry the Inquiring Authority shall prepare a report of the inquiry and record its findings on each of the charges together with the reasons therefor. If, in the opinion of such authority, the proceedings of the inquiry establish charges different from those originally framed, it may record findings on such charges provided that findings on such charges shall not be recorded unless the Commandant has admitted the facts constituting them or has had an opportunity of defending himself against them.
(9) The record of the inquiry shall include.
(i) the charges framed against the Commandant and the statement of allegations furnished to him under sub-rule (3);
(ii) his written statement of defence, if any;
(iii) the oral evidence taken in the course of the inquiry;
(iv) the documentary evidence considered in the course of the inquiry;
(v) the orders, if any, made by the State Government, specially empowered authority and the Inquiring Authority in regard to the inquiry; and
(vi) a report setting out the findings on each charge and the reasons therefor.
(10) The State Government or specially empowered authority shall, if it is not the Inquiring Authority, consider the record of the inquiry and record its findings on each charge, either agreeing or not agreeing with the findings of the Inquiring Authority and in the case of disagreement, recording its reasons therefor.
(11) If the State Government, having regard to the findings on the charges is of the opinion that any of the penalties specified in Section 11 should be imposed, it shall.
(a) furnish to the Commandant a copy of the report of the Inquiring Authority and where the State Government or the specially empowered authority is not the Inquiring Authority a statement of its finding together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority; and
(b) give him a notice stating the action proposed to be taken against him and calling upon him to submit within a specified time such representation as he may wish to make against the proposed action. Provided that such representation shall be based only on the evidence adduced during the enquiry.
(12) The State Government shall consider the representation, if any, made by the Commandant as aforesaid and determine what penalty, if any, should be imposed on the Commandant and pass appropriate orders on the case.
(13) Orders passed by the State Government shall be communicated to the Commandant who shall also be supplied with a copy of the report of the Inquiring Authority and where the State Government or the specially empowered authority is not the Inquiring Authority, a statement of its findings together with brief reasons for disagreement, if any, with the findings of the Inquiring Authority, unless they have already been supplied to him.
Rule14B Suspension of any member of Home Guards pending enquiry or criminal prosecution
(1) The Commandant General or the Commandant may place a member of Home Guards under suspension.
(a) where a disciplinary proceeding against him is contemplated or is pending;
(b) where a case against him in respect of any criminal offence is under investigation or trial; provided that where an order of suspension is made by the Commandant he shall forthwith report to the Commandant General the Circumstances in which the order was made.
(2) A member of the Home Guards who is detained in custody whether on a criminal charge or otherwise for a period exceeding 48 hours shall be deemed to have been suspended with effect from the date of detention and shall remain under suspension until further orders.
(3) An order of suspension made or deemed to have been made under this rule may, at any time, be revoked by an authority which made or is deemed to have made the order.]
Rule15 Uniforms, accoutrements, etc.
11. Rule 15 renumbered as sub-section (1) thereof by GSR 179, dated 1-5-1970, w.e.f. 25-6-1970.
[(1)] A member of the Home Guards shall, while on duty, wear the uniform supplied to him. He may also carry a rifle or a revolver or any other weapon, authorised by the State Government from time to time.
22. Sub-rules (2) to (6) inserted by GSR 179, dated 1-5-1970, w.e.f. 25-6-1970.
[(2) The Uniform to be worn by a member of the Home Guards shall be as specified in Schedules I and II provided that the Police Officers and Army Officers on deputation may continue to wear the uniform prescribed for their respective ranks in their respective departments.
(3) The badges of rank, Unit and car flags, efficiency badge and allied insignia for the Home Guards shall be as specified in Schedules III and IV.
(4)
(i) After the completion of an initial training for a period of three months, every member of the Home Guards shall be issued the prescribed uniform, provided that no such training is required in the case of ex-service or ex-police or N.C.C. trained personnel.
(ii) Persons requiring uniform of abnormal sizes will be issued necessary cloth to enable them to get the uniform stitched to their size at the cost of Government.
(5) Any member who fails to return any of the articles specified in Section 8 shall be liable to pay the cost of the articles not returned as fixed by the Commandant General at his discretion.
(6)
(i) Subject to the approval of the Commandant General, the Commandant shall for each area appoint a board called the "Condemnation Board" consisting of three Senior Officers of the District Headquarters Unit.
(ii) All clothing certified as unserviceable by the Condemnation Board shall be withdrawn from members and sold by public auction held under the supervision of the Commandant and the amount so realised shall be credited to the Government.
(iii) All metallic articles certified by the Condemnation Board as condemned shall be collected at the District Headquarters, reduced to scrap and sold in public auction. Provided that no such articles which have not lasted for the full prescribed period and are more than Rs. 100 in value shall be sold without the previous sanction of the Commandant General.
(iv) 11. Substituted for the words "Clothing members" by GSR 319, dated 1-10-1971, w.e.f. 21-10-1971. [Clothing of members] of the Home Guards who die or who are removed on account of the diseases specified in Schedule V shall be treated as condemned and burnt by the Commandant who will record a certificate to that effect.]
Rule16 Training
The Members of the Home Guards shall undergo such course of training as may be 22. Substituted for the word "prescribed" by GSR 80, dated 30-1-1967. [specified] by the Commandant General from time to time and at such places as may be fixed by the Commandant from time to time.
Rule17 Functions and duties
(1) The functions and duties of members of the Home Guards shall ordinarily consist of.
(a) guarding of public buildings;
(b) patrolling for the purpose of prevention of crime, and enforcement of such regulations and orders made under the Police Acts in force in the respective areas of the State or any other law for the time being in force as it would be the duty of a Police Officer to enforce under the said Acts or Law;
(c) assisting the ordinary Police Force in enforcing the provisions of the Karnataka Prohibition Act, 1961, when the members of the Home Guards are appointed as Prohibition Officers under the said Act;
(d) performing such other duties as may be assigned to them from time to time by the State Government or the Commandant General.
33. Sub-rule (2) substituted by GSR 80, dated 30-1-1967.
[(2) A member of the Home Guards constituted for any area shall be liable.
(a) to serve in any other area of the State;
(b) in any emergency to be called out on duty, at any time and for any period and in any part of the State of Karnataka; and
(c) to be required to serve for a period of three years in, the Home Guards unless he is allowed to resign in accordance with these rules.]
Rule18 Allowances
44. Rule 18 substituted by GSR 179, dated 1-5-1970, w.e.f. 25-6-1970.
[(1) To cover out of pocket expenses in connection with their movements at Headquarters for supervision of parades and attending to official duties, the Commandants shall be paid a conveyance allowance of Rs. 30 per mensem. Conveyance allowance of Rs. 75 per mensem shall be paid if a car is maintained and used for official work.
(2) Every member of the Home Guards shall be paid conveyance allowance of twenty-five paise per parade attended subject to a maximum of four rupees per month.
(3) Every member of the Home Guards whose attendance for parades held during a month is sixty per cent and above shall be paid a uniform allowance of two rupees per month for the proper up-keep and maintenance of the uniform articles.
(4) A member of the Home Guards who is required to attend Courts to give evidence on behalf of the State shall be paid an allowance of two rupees fifty paise per day.
(5)
(i) A member of the Home Guards who is called out to perform functions specified in column (1) of the table below shall be paid duty allowance at the rates specified in the corresponding entries in Column 2 thereof.
TABLE
Functions
Rate per day
(1)
(2)
Ordinary
Rs. P.
Special
Rs. P.
For attending duties or training for less than 2 hours
Nil
nil
For attending duties or training for more than 2 hours but less than 5 hours
1.50
3.00
For attending duties or training for 5 hours or more
3.00
5.00
(ii) An additional duty allowance of one rupee per day shall be paid when a member of the Home Guards is deputed to perform duty beyond a distance of 8 kilometers from his headquarters.
(iii) Camp allowance of one rupee per day shall be paid when a member of the Home Guards attends training camps at the Combined Central Home Guards and Civil Defence Training Institute, Bangalore, or in the districts.
(6)
(i) For the purpose of travelling allowance, members of the Home Guards will be divided into the following categories and they will be entitled to railway accommodation and rates of allowances admissible for the rank to which they belong
Rank of member
Railway accommodation
Daily Allowance
Incidental charges
Rs. P.
Rs.P.
Commandant
Class-I
10.00
0.06 per mile
Senior Divisional Commander, Second-in-Command Adjutant and Staff Officers of the District
Class-I
7.50
0.04 per mile
Divisional Commander, Officer Commanding of Taluk Units, members of Selection Committee
Class-II
5.50
0.04 per mile
Company Commander, Quarter Master Sergeant Major, Senior Platoon Commander, Platoon Commander
Class-II
4.00
0.04 per mile
Other members of the Home Guards
Class-II
2.50
0.02 per mile
(ii) The Commandants shall be paid road mileage at thirty-seven paise per mile for journeys performed by car in connection with the business of the organisation.
(iii) For purposes of calculating travelling allowance and daily allowance for journeys performed in connection with the business of the organisation or for performing duties or undergoing training when called out under Section 5 of the Act, the general principles as laid down in Chapter XXVII of the Karnataka Civil Services Rules, 1958 shall be applicable.]
Rule19 Compensation
If a member of the Home Guards suffers any damage to his person or property while under training or on duty, he shall be paid such compensation as may be determined by the State Government, provided that such damage is not caused by his own negligence or wilful act or omission in contravention of any of the provisions of the Act or rules made thereunder or orders or directions issued by his superior officer.
Rule20 Motorised Unit
A motorised unit of the Home Guards may be formed with members owning motor vehicles who desire to place their vehicles at the disposal of the Commandant General or the Commandant, as the case may be, when called out under Section 5. Only those member owners who hold a driving licence and whose motor vehicles conform to the required specifications shall be enrolled in this Unit. The State Government shall bear the cost of petrol for the use of such Motor Vehicles. The State Government shall also bear the difference between the riot and ordinary insurance in respect of such vehicles in cases in which the member-owners have taken out riot insurance policies in respect of such vehicles.
Rule21 Repeal
The Bombay Home Guards Rules, 1953, as in force in the Bombay Area are hereby repealed:
Provided that the provisions of Sections 6 and 24 of Karnataka General Clauses Act, 1899, shall be applicable in respect of such repeal as they apply in respect of repeal and reenactment of a Karnataka Act.
APPENDIX A FORM
FORM 'A'
[See
Rule 4]
To
The Commandant, Home
Guards. . . . . . . . . . . . . . .. .
.
I desire to be
enrolled as a member of the Home Guards for . . . . . . . . . . . . . . .
1. Name in full.
2. Father's name.
3. Date of birth.
4. Place of birth (village, town or City,
Taluk, District and State).
5. Father's occupation or profession.
6. Address (Residence or Office, if any).
7. Telephone Number of residence or office,
if any.
8. Occupation or profession.
9. Educational
qualification (state degree held or examination passed and knowledge of
languages or of Stenography or typing).
10. (i) Whether the applicant has put in war
service?
(ii) If so, give particulars.
11. Whether the applicant has undergone military
or naval training?
12. Whether the applicant has undergone any
training with any First Aid or Ambulance Corps?
13. (i) Whether the applicant was originally
resident in the territory now included in Pakistan?
(ii) If so, state the
former address in the territory now included in Pakistan and date of migration
to territory of India.
14. Particulars of places and addresses where
the applicant resided for more than one year during the preceding five years
(Residential address at each place specifying the number of the house, the name
of the lane, street or road, village or town, district and the period of
residence with dates on each place should be stated).
15. (i) Whether the applicant holds any arms
licence?
(ii) If so, give the
description of the weapon.
16. Whether the applicant has received any
training in the use of fire-arms!
17. (i) Whether the applicant owns a motor
vehicle?
(ii) If so, give the discription of the
vehicle.
(iii) Whether the applicant is willing to
join the motorised unit?
(iv) If not, whether he would place his
motor vehicle at the disposal of the motor unit?
18. (i) Whether the applicant has been
convicted of any offence?
(ii) If so, state
particulars of convictions and sentences.
Place:
Date: Signature.
Certificate of character by two respectable persons
who have known you personally for atleast the last three years should be
written in the space below.
1 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .
(Signature of the
person who gives the certificate).
Address . . . . . . . .
. . . .. . . . . . . . . . . . . . .
Telephone No. (If any)
. . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . .
(Signature of the
person who gives the certificate)
Address . . . . . . . .
. . . . . . . . . . . . . . .. . . . .
Telephone No. (If any)
. . . . . . . . . . . . . . . . . . . .
APPENDIX B FORM
FORM 'B'
[See
Rule 6]
"I, . . . . . . . . . . . . . . . .residing . . . . . . . . . . . . . . . . .do solemnly
and sincerely declare and affirm that I will well and truly serve the
Government of Kamataka as a member of the Home Guards, in . . . . . . . . . . .
. . . without favour or affection, malice, or ill-will, or communal or
political bias; and that I will to the best of my ability discharge the
functions and duties assigned to me for the protection of peace, the security of property and the public safety and that I will, to the best of my skill and knowledge, discharge all the duties as such member faithfully, according to law and will not allow any communal or political bias to interfere with the duties assigned to me by Government or my superior officers."
APPENDIX C FORM
FORM 'C
[See Rule 7]
Certificate of appointment as a member of the Home Guards
No . . . . . .
. . . . . . . . . . . . . . . . .
State of Karnataka
Shri.............is appointed as a member of the Home Guards for the
(area)........... under the Karnataka
Home Guards Act, 1962 (Kamataka Act 35 of 1962).
Place........... Signature.........
Dated........... Designation........
APPENDIX D FORM
FORM 'D'
[See Rule 3]
I, . . . . . . . . . . . . . . . . . . . residing at .
. . . . . . . . do hereby declare that I am a citizen of India and I
have no intention of permanently leaving the State of Karnataka for atleast
three year after the enrollment as a member of the Home Guards and I further
declare that I am not under any obligation to serve in any other force.
Place: . . . . . . . . . . . .
Date: (Signature)".
SCHEDULE 1 The Scale, period of supply of clothing articles, etc., issued to the Home Guards and Officers
Trouser Khaki Terrycot
1 Pair
4 Years
3.
Bush Shirt Khaki Cellular
1 No.
1 Year
4.
Trouser Khaki Drill
1 Pair
1 Year
5.
Socks Cotton
2 Pairs
2 Years
6.
Shoes Leather Brown
1 Pair
2 Years
7.
Holster
1 No.
Permanent Issue
8.
Shoulder Title
1 No.
Permanent Issue
9.
Whistle
1 No.
Permanent Issue
10.
Lanyard
1 No.
2 Years
11.
Swagger Stick
1 No.
5 Years
12.
Peak Cap
1. No
5 Years
13.
Peak Cap Badge
1. No
Permanent Issue
14.
Maple leaves
1 Pair
Permanent Issue
15.
Pigeons
1 Pair
Permanent Issue
16.
Shoe Lace Brown
1 Pair
Once in 6 months
17.
Boot Polish Brown
2 Tins
1 Year
Women Home Guards:
1.
Khaki Terrycot Bush Shirt
1 No.
4 Years
2.
Trouser Khaki Terrycot
1 Pair
4 Years
3.
Bush Shirt Khaki Cellulor
1 No.
1 Year
4.
Trouser Khaki Drill
1 Pair
1 Year
5.
Socks Cotton
2 Pairs
1 Year
6.
Shoe Leather Brown
1 Pair
2 Years
7.
Shoulder Title
1 Pair
Permanent Issue
8.
Whistle
1 No.
Permanent Issue
9.
Lanyard
1 No.
2 Years
10.
Woollen Beret Cap (Merron)
1 No.
1 Year
11.
Cap Badge
1 No.
Permanent Issue
12.
Hackle
1 No.
3 Years
13,
Shoe Lace Brown
1 Pair
Once in 6 months
14.
Boot Polish Brown
2 Tins
1 Year]
SCHEDULE 2 Specifications of Home Guards Shirts Trousers and Beret Caps
SCHEDULE SCHEDULE II
[See Rule 15]
Specifications of Home Guards Shirts Trousers and Beret Caps
Khaki Full Arm Shirts.Khaki Cellular Full Arm Shirt with attached shoulder straps measuring 5 cms x 2 cms x 15 cms with the Khaki bone button. There should be two round button holes to fix shoulder titles. Button holes should be provided for four Khaki bone buttons in the front. The front button hole fly should be 4 cms width two patch pockets measuring 14 x 13 cms and 5 cms above the belt two patch pockets measuring 14 x 13 cms and 5 cms above the belt with a box pleat 3 cms wide in the centre. The patch pockets will have round corners and fastened with press buttons at the corners and khaki bone buttons in the centre of the flap of the pocket. The flap of the pockets should be 6 cms with three points. The cuff should be 6 cms wide with a khaki bone button. The width of the collar should be 4 cms in the centre and 7 cms at the ends.
(2) Pants.Khaki Drill Full Pants. The waist band should be 3 cms in width. There should be two cut pockets, pockets to be 15 cms at the top, and at the button and 29 cms in the length. A hip pocket should be provided at the right side with the flap with a khaki bone button. The bottom hem should be left unstitched to facilitate to stitch according to the sizes required without folding. Three loops for passing the web belts, one at the back, and one on either side should be provided. Each loop to be fixed with a khaki bone button stitched on the pant. Loop should be 11 cms long 1 cms on the top and 4 cms at the elbow end with a point. There should be buckle flap on the left side measuring 10 cms long with a stitched khaki bone button to the front flap. The flap should be 3 cms at stitched end and 2 cms on the other end. There should be one khaki bone button fixed inside the belt. The fly should be trousers type. There should be 4 khaki bone buttons in front of the trousers just below the belt.
(3) Woollen Beret Cap.Beret Caps made up of Khaki, Woollen serge cloth. There should be two round holes in front of the cap to insert cap badge. The edge should be stitched with soft black leather. There should be two eye-lets. The inside of the caps should be stitched with superior black cloth. The sizes should be as follows.
(4) Woollen socks.Khaki colour socks made out of imported wool weighing between 87 to 111 grams, 72 to 84 needles in different sizes of 10" 10, 11", 11", 12" and 2 12".
SCHEDULE 3 Badges of Rank
SCHEDULE SCHEDULE III
[See Rule 15]
Badges of Rank
A.
Officers:
Designation:
Description of Badges:
1.
Commandant General
A Maple leaf, crossed baton and swore
2.
Deputy/Joint Commandant General/Regional Commandant (Commissioner's Division)
A dove and 3 Maple leaves in a triangle
3.
Commandant-District
A dove and 2 maple leaves
4.
Senior Staff Officers, Senior Divisional Commanders
A dove and a maple leaf
5.
Divisional Commanders, Second in Command and Deputy District Commandant, Adjutant, District quarter Master, All Staff Officers (all on the staff of Commandant)
A dove
6.
Company Commanders, Senior Instructors
3 Maple leaves
7.
Senior Platoon Commanders Coy. Second-in-command, Junior Instructors
2 Maple leaves
8.
Platoon Commanders Others (N.C.OS)
1 Maple leaf
1.
Regimental Sergeant Major
Ribbon Cross and a dove
2.
Regimental Quarter Master Sergeant
Ribbon Cross and two discs
3.
Company Sergeant Major
Ribbon Cross and one disc
4.
Company Quarter Master Sergeant
Ribbon Cross
5.
Sergent
Three Ribbon bars (Horizontal and parallel)
6.
Section Leader
Two Ribbon bars (Horizontal and parallel)
7.
Assistant Section Leaders
One Ribbon bar (Horizontal)
STAR PLATES
1. Commandant General Two white stars on a black plate
2. Deputy Commandant General One white star on a black plate
3. Head Band.Woollen or silken black band of 1.75" wide with the Home Guard emblem in white metal is to be worn on the cap or [x x x x x] turban as applicable, by the Commandant General and Deputy Commandant General.
4. Gorget patches.Gorget patches are to be of black woollen material 1" width with a 3/20" wide silver threaded striple down the centre and " white metal button at the top. To be worn on both collars by the Commandant General and Deputy Commandant General.
5. Medals.Full medals are to be worn on ceremonial occasions only. Medal ribbons are to be worn with shirt sleeves and bush shirts on all occasions except when ordered otherwise (e.g., for training or during operations).
6. Efficiency badge.Efficiency badges will be awarded to Home Guards after successful completion of their advanced training. Efficiency badge is to be a black circular disc of metal on cloth of 1" in diameter with a white metal dove with its beak facing forward embossed thereon. It will have an attached pin at the back and is to be worn on the left sleeve midway between the shoulder and elbow.
7. Hackle.The Hackle is to be of black and white plumes is to be worn only on ceremonial occasions on the beret above the left eye or centre front of the turban as applicable.
SCHEDULE 4 BADGES OF RANK (OFFICERS)
SCHEDULE
SCHEDULE 5 List of Diseases
SCHEDULE SCHEDULE V
[See Rule 15]
List of Diseases
1. Acute Influenza or Pneumonia
2. Anthrox
3. Cerebrospinal Fever
4. Chicken pox
5. Small pox
6. Diphtheria
7. Cholera
8. Enteric fever
9. Erysipelas
10. Leprosy
11. Measles
12. Plague
13. Rabies
14. Relapsing fever
15. Scarlet fever
16. Tetanus
17. Tuberculosis
18. Typhoid
