Penalties for breach of duties, etc.

The Puducherry Home Guards Act, 1965

Defence196515 sections

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Statutory text

(1) If any Home Guard on being called out under section 6, without reasonable excuse neglects or refuses to turn up for training, 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 duties and functions, he shall, on conviction, be punishable 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 Home Guard 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 9, he shall, on conviction, be punished with simple 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 in any court under sub-section (1) or sub-section (2) without the previous sanction of the Commandant General concerned.
(4) A police officer may arrest without warrant any person who commits an offence punishable under sub-section (1) or sub-section (2). *[11 A. Obligation of an employer to permit Home Guards to join duty. (1) Except as may be prescribed, every employer shall permit a Home Guard who is for the time being employed by or under him to join duty as such Home Guard, and, notwithstanding anything in any law or agreement between him and such Home Guard for the time being in force, the period of his duty as Home Guard shall, subject to such conditions and restrictions as may be prescribed, be deemed to be the period spent in such employment.
(2) No employer shall dismiss, remove or suspend any employee, or take any other action which may prejudice such employee, by reason of his being a member of the Home Guard.
(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punished with fine which may extend to two hundred and fifty rupees and the court by which an employer is convicted shall further order him to reinstate the employee, if he has dismissed, removed or suspended the employee in contravention of sub-section (2).
(4) Nothing in this section shall apply to an employer unless he had forwarded the application of the employee concerned for enrolment as Home Guard or been informed by the employee of his being a Home Guard at the time of applying for employment. 11 B. Pay and allowances. (1) Every member of the Home Guard shall, during the period of training or service in the Home Guard, receive from the Government such allowances as may be prescribed.
(2) Where any such member was in any employment immediately before he is called out for training or service by an order under section 6, the employer shall be liable to pay to him for the period of training or service, the pay and allowances as if such member had not been so called out.
(3) If an employer refuses or fails to pay any such member the pay and allowances as provided in sub-section (2), such pay and allowances may, on application by the member to the authority specified in this behalf, be recovered from the employer in such manner as may be prescribed.]

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