section 8
Punishment of members for neglect of duties, etc. :
The Orissa Home Guards Act, 1961Defence196113 sections
Statutory text
- (1) Subject to the rules made in that behalf the Commandant shall have the authority to suspend, reduce in rank, dismiss or fine up to an amount not exceeding fifty rupees, any member of the Home Guards under his control, if such member without reasonable cause, on being called out under Sec. 4 neglects or refuses to obey such order or to discharge his functions and duties as a member or the Home Guards or to obey any lawful order or direction given to him for the performance of his functions or duties or is guilty of any breach of discipline or misconduct; and the Commandant-General shall have the like authority in respect of any member of the Home Guards under his control and shall further have the authority to dismiss any member of the Home Guards and on the ground of conduct which has led to his conviction for an offence involving moral turpitude.
- (2) Notwithstanding anything contained in thisAct the Commandant shall have the authority to discharge any member or the Home Guards at any time subject to such condition as may be prescribed by rules made under this Act, if in the opinion of the Commandant the services of such member are no longer required and the Commandant-General shall have the like authority in respect of any member of the Home Guards under his control.
- (3) When the Commandant-General or the Commandant passes an order suspending, reducing in rank, fining or dismissing any member of the Home Guards under Sub-sec. (1) he shall record such order with the reasons therefore and a note of the enquiry in writing and no such order shall be passed by the said Commandant or Commandant-General unless the person concerned has been given an opportunity of being heard in his defense. (4)Any member of the Home Guards aggrieved by an order of the Commandant or Commandant-General made under Sub-see, (1) may appeal against such order to the State Government or such authority as may be prescribed by rules made in that behalf within thirty days of the date on which he was served with notice of such order and the State Government or the authority, as the case may be, after hearing the appellant may pass such orders as may be considered fit.
- (5) The Commandant-General or the State Government may at any time call for an examination of the record of any order passed by the Commandant under Sub-sec. (1) for the purpose of satisfying themselves as to the legality or propriety of such order and pass such order as he or they think fit.
- (6) Every order, if no appeal is preferred therefrom as herein before provided and every order passed in appeal or revision under this section 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) as if such fine were imposed by a Court-
- (8) Any punishment inflicted on a member of the Home Guards under this/section shall be in addition to the punishment to which such member in liable under Sub-sec. (1) of Section 9 or any other law for the time being in force.
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