Haryana Home Guards Rules, 1980

The Haryana Home Guards Rules, 1980

Published vide Haryana Government Notification No. G.S.R. 55/H.A. 31/74/S. 11/80, dated 13th May, 1980

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No. G.S.R. 55/H.A. 31/74/S. 11/80. - dated 13th May, 1980. - In exercise of the powers conferred by section 11 of the Haryana Home Guards Act, 1974, and all other powers enabling him in this behalf, the Governor of Haryana, hereby makes the following rules, regulating the enlistment and training of persons enlisted as Home Guards, namely :-

  1. Short title.- (1) These rules may be called the Haryana Home Guards Rules, 1980.

(2) These shall apply only to the part-time employees.

  1. Definitions.- In these rules, unless the context otherwise requires, -

(a) "Act" means the Haryana Home Guards Act, 1974,

(b) "Appendix" means an appendix to these rules,

(c) "Commandant-General and Deputy Commandant-General" respectively means Commandant-General, Home Guards, Haryana and Deputy Commandant-General, Home Guards, Haryana, appointed under the Act.

(d) "Gazetted Officer" means a whole-time officer of the status specified below and includes an officer of the status notified as gazetted by the Government-

(i) Commandant-General and Director, Civil Defence;

(ii) Deputy Commandant-General and Deputy Director, Civil Defence;

(iii) Commandant, Combined Training Institute;

(iv) Senior Staff Officer;

(v) Junior Staff Officer;

(vi) Accountant-cum-Administrative Officer;

(vii) District Commandant;

(viii) Public Relations Officer;

(ix) Chief Instructor;

(x) Medical Officer;

(xi) Deputy Controller, Civil Defence;

(e) "Government" means the Government of the State of Haryana,

(f) "Home Guards" means the Haryana Home Guards constituted under section 8 of the Act,

(g) "N.C.Os." means Non-Commissioned Officers from Sub-Section Leader to Havaldar,

(h) "Non-Gazetted Officer" means a whole-time officer of the status specified below :-

(i) Centre Commander;

(ii) Company Commander;

(iii) Administrative Subedar;

(iv) Quarter Master Subedar;

(v) Senior Instructor;

(vi) Store Officer;

(vii) Platoon Commander/Civil Defence, Instructor;

(viii) Quarter Master Sergeant;

(ix) Deputy Store Officer;

(x) Store Superintendent, Civil Defence.

  1. Wings of Home Guards.[Section 11(2)(a)].- There shall be the following two wings of the Home Guards, namely :-

(i) Urban Wing, Home Guards, Unit I.

(ii) Rural Wing, Home Guards, Unit II.

(2) Subject to the overall control of the State Government, the control of Home Guards shall vest in the Commandant General.

(3) The Government may appoint such number of officers as it may think fit for the purpose of assisting the Commandant-General and may assign to them such ranks and such duties as it may think fit.

  1. Organisation of Home Guards.[Section 11 (2)(b)].- (1) The Home Guards shall be organised in sections, each section consisting of a Section Commander, Assistant Section Commander and nine Home Guards volunteers. Three II Section shall be combined to form a Platoon. For each Platoon there shall be a Platoon Commander and a Platoon Havaldar. Three Platoons shall constitute a Company. The Company Headquarters shall consist of a Company Commander, Company 2nd in Command, Company Havaildar Major, Company Clerk and one Company Quarter Master and a Runner. The overall strength of a Company shall be one hundred and ten.

(2) At the State Headquarters, Commandant-General, Deputy Commandant- General, three Senior Staff Officers and three Junior Staff Officers together with appropriate office and supervisory staff shall be appointed.

(3) At District Headquarters, the District Commandant, Home Guards of the status of Deputy Superintendent of Police will be appointed. He shall be assisted by the Assistant District Commandant, Home Guards together with office staff.

  1. Enrolment Form.[Section (2)(b)].- The enrolment form of members shall be as given in Appendix 'A'.
  2. Strength of Home Guards.[Section 11(2)(b)].- The strength of each Wing of the Home Guards shall be such as may be fixed by the Government from time to time.
  3. Eligibility.[Section 11(2)(b)].- (1) No person shall be enlisted as a member unless he is, -

(a) a citizen of India; or

(b) a subject of Nepal; or

(c) a subject of Bhutan; or

(d) a Tibetan refugee, who came over to India before 1st January, 1962, with the intention of permanently settling in India; or

(e) a person of Indian Origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in India :

Provided that a person belonging to categories, (b), (c), (d), and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government.

(2) No person shall be enlisted as a member, unless be produces a certificate of character from the principal academic officer of his university, college, school or institution last attended, if any, and similar certificates from two other responsible persons, not being his relatives who are well acquainted with him in his private life and are unconnected with his university, college, school or institution :

[Provided that in the case of Government employee or other employees, a certificate of character from the Head of department of institution, as the case may be, shall also be produced.]

  1. Age limit.[Section (2)(b)].- No person shall be enlisted as a member unless he has attained the age of eighteen years and is below fifty years :

Provided that the age limit prescribed above may be relaxed by the Commandant-General in suitable cases.

  1. Medical fitness.[Section 11(2)(b)].- No person shall be enlisted as a member in any Unit of Home Guards unless he is declared medically fit.
  2. Preference to Ex-Soldiers and Ex-Policemen.[Section 11(2)(b)].- In enlisting members preference shall be given to trained ex-soldiers, ex-I.N.A. personnel, ex-Policemen and National Cadet Corps Trained personnel.
  3. Employees members.[Section 11(2)(b)].- Such Government employees or other employees as could be made available by their respective employers in the case of emergency may be enrolled as supernumerary or regular members with the permission of the head of the office in the case of government employee and the employer in the case of other employees.
  4. Appointment of Honorary Gazetted Officers and Members.[Section 11(2)(b)].- The appointment of Honorary Gazetted Officer shall be made by the Government.
  5. Appointment of Honorary Non-Gazetted Officers and members.[Section 11(2)(b)].- All non-gazetted officers as well as members shall be appointed by the District Commandant on the recommendations of a Selection Committee consisting of -

(i) a representative of Commandant-General, Home Guards, Haryana;

(ii) concerned Unit-Commander; and

(iii) District Commandant.

  1. [-]
  2. Members to take oath of loyalty.[Section 11(2)(b)].- Every member on appointment, and before receiving a certificate as provided hereinafter shall take the oath of allegiance in such form as may be specified by the Government in that behalf.
  3. Members to receive certificate of appointment.[Section 11(2)(b)].- (1) Every member shall on his appointment receive a certificate in the form given in Appendix 'B' under the signature of District-Commandant by virtue of which he shall be vested with the powers, functions and privileges of a police officer.

(2) A certificate referred to in sub-rule (1) shall cease to have effect whenever the person named in it ceases, for any reason, to be a member, and on his ceasing to be a member, such certificate shall forthwith be surrendered by him to an officer empowered by the District Commandant to receive it.

  1. Ranks in the Home Guards.[Section 11(2)(b)].- For the purpose of discipline and paying compliments to various ranks, Home Guards may be equated with such police ranks as may be specified by the Government by an order issued in this behalf.
  2. Functions of Members.[Section 11(2)(b)].- Members may be called out to perform such functions, in connection with protection of person and security of property or the public safety, as may be assigned to them from time to time and in particular for :-

(a) helping the police in village defence scheme in the border districts;

(b) patrolling and Nakabandi;

(c) suppression of disturbances or serious crime;

(d) providing nucleus for Emergency Relief Organisation in important towns;

(e) the maintenance of essential services in important towns in emergency;

(f) providing relief in the event of natural calamities such as floods or fire;

(g) rendering social service to the Community, and

(h) evacuation according to scheme

  1. Uniforms and accoutrements.[Section 11(2)(b)].- When on training or on duty or when proceeding to or returning from training or duty, the officers and other ranks of Home Guards shall wear the uniforms and accoutrements prescribed by orders issued from time to time by the Commandant-General. They may also carry rifles or other weapons sanctioned by the Government.

(2) Uniforms and accoutrements shall be supplied by the Government to all members and whole time employees of the Home Guards which shall continue to be the property to the Government till the expiry of life of items of uniform which is given below :-

(a) Male Home Guards

Item Unit Life
Shirt Khaki Cellular 1 *
Trousers-Khaki Drill 1 *
Belt Web or canvas 1 4 years
Anklete-Webs or canvas 1 pair 4 years
Socks 1 pair *
Boots-ankle-Black 1 pair 3 years
Beret-Cloth 1 2 years
Shoulder-Titles 1 pair 3 years
Cap Badge 1 4 years
Whistle 1 4 years
Lanyard 1 2 years
Hackle 1 2 years

* The life of clothing items of uniform is one year for the training reserve, two years for Urban Home Guards and five years for the mobilisation Stores.

(b) Women Home Guards

Bush Shirt Khaki Cellular 2 2 years
Slacks-Khaki Drill 2 2 years
Socks-Cotton 2 pair 2 years
Shoes-Leather Brown 1 pair 1½ years
Buckle Field Service 1 permanent
Cap Badge 1 2 years
Lanyard 1 2 years
Beret (mareon) 1 2 years
Hackle 1 2 years
Shoulder title 2 3 years
Badges Proficiency with coloured background 1 3 years
Badges of ranks and Cheveron 1 permanent
Scarves for Sikhs only 2 2 years

(3) No unauthorised emblems and other ornamental articles shall be worn with the uniforms. Medals shall be worn on ceremonial occasions only. Medal ribbons shall be worn on all occasions except when ordered to be removed for training or for operation.

(4) Efficiency badges granted to such Home Guards as have successfully completed their advanced training shall be worn at all times with the uniforms except when ordered to be removed. The hackle of white and black plums shall be worn on ceremonial occasions on the beret, above the left eye on centre- front of the turban as applicable. The white features and back leathers shall be in the lower portion and above portion of the hackle respectively.

(5) The following articles of uniforms shall be issued to all Urban Men/Women Home Guards :-

Men Home Guards Women Home Guards
Shirt Khaki Celluler Bush Shirt Khaki Celluler
Belt Web or Canvas Slacks-Khaki Drill
Trousers Khaki Drill Socks Cotton
Anklets Web or Canvas Shoes-Leather brown
Socks Buckle field service
Boots Ankle Black Cap Badge
Shoulder titles Lanyard
Cap Badge Beret (Mareon)
Whistle Hackle
Lanyard Shoulder Titles
Hackle Efficiency badge
Efficiency Badge Whistle

(6) The uniforms for the Rural Home Guards shall be kept at the Training Centre and made available to them during training and on duty.

  1. Conditions of Services.[Section 11(2)(b)].- (1) [-]

(2) Service in the Home Guards shall ordinarily be voluntary and unpaid. Government may, however, determine the allowance and expenses to be paid to the members when called out for training or duty. The members and officers of Home Guards shall be entitled to receive such allowances and at such rates as the government may prescribe, from time to time. The allowances received by them shall be in addition to their pay and allowances received by them from their parent department.

(3) The members when called out under section 6 of the Act shall have the same powers, privileges and protection as an officer of the police appointed under any enactment for the time being in force. No prosecution shall be instituted against any member in respect of anything done or purporting to be done by him in the discharge of his duties as a member except with the prior sanction of the Government.

(4) [-]

(5) The members shall be liable to serve at any place within the State of Haryana. In emergency, those members who volunteer, may however, be deputed for special duty outside the State.

(6) The members for all purposes, shall be public servants. They shall, however, not be debarred from being elected to the corporations, State Assemblies or Parliament or other Public bodies :

Provided that whole time employees of Home Guards Department shall be governed by the rules made under Article 309 of Constitution of India.

  1. Allowances and honoraria.[Section 11(2)(b)].- (1) The service in the Home Guards shall be voluntary, provided that the Government may, in the case of any class of officers or other ranks determine the allowances to be paid for out of pocket expenses.

(2) The rates of honoraria and allowances shall be such as may be fixed by the Government from time to time.

  1. Training.[Section 11(2)(b) and (d)].- Every member shall undergo such training at such places as may be determined by the Commandant General from time to time. The regular course of training shall be given to the members to enable them to perform their duties efficiently. The training, advance training shall phased into basic training, refresher training, advance training and leadership training.

(2) The syllabus for training members in essential services shall be prescribed by the Commandant General.

(3) The technical training shall be given in such manner and for such periods as may be determined by the Commandant General from time to time.

(4) The timing for regulating the drills, parade and other jobs shall be decided by the Commandant General in consultation with the Commandant concerned. The Commandant General may exempt a member for basic training in case he/she is enrolled for the second term of service.

(5) The District Commandant shall maintain a complete record of training received by every member as well as a statement showing the total Parade/Camps training held and those attended by the member in a year.

  1. Order calling out members.[Section 6].- The Government may issue a calling out order to members individually or may request any officer of the Home Guards subordinate to the authority giving the order to produce a specific member or members for duty or training at such place or places as the order may specify.
  2. Authority calling out for duty and training.[Section 6].- The following officers shall have the authority of calling out members within their jurisdiction for duty :-
(a) The Commandant General or any other officer authorised by him in this behalf. ___ For any period
(b) District Magistrate ___ For any period
(c) The District Commandant ___ For fifteen days
(d) The Superintendent of Police ___ For fifteen days
(e) The Police Officer not below the rank of Station House officer or Border Picket Commandant in cases of emergency only for a period not exceeding ten days at a time;

Provided that in the case of officers specified in clause (e) a report of the action taken with reasons thereof shall be made immediately by the officer concerned to the Superintendent of Police and the District Commandant, as the case may be.

  1. Offences and punishment.[Section 9].- (1) The following shall be deemed to be offences on the part of the members when undergoing a course of training or performing duty, namely :-

(a) failure to respond to call up notices without any responsible cause;

(b) failure to report for training/duty at the proper time and at the specified place;

(c) disobedience of orders of lawful command given by superior officers;

(d) threatening or using of violence or improper language against any member;

(e) being found in a state of intoxication;

(f) misuse or illegal disposal of any property belonging to the State or Home Guards;

(g) knowingly furnishing a false report in regard to Home Guards under his command or charge or any money, arms, ammunition, clothing, stores, or other property in his charges;

(h) failure to return property or any weapon or uniform issued to him;

(i) failure to show proper courtesy towards public;

(j) conduct or behaviour prejudicial and disgraceful to the Home Guards.

(2) The following punishments may be imposed by the appointing authority on members for any offence, namely :-

(a) reprimand;

(b) extra duty;

(c) suspension;

(d) reduction of rank;

(e) dismissal;

(3) The penalties indicated above shall be imposed after proper proceedings by the District Commandant.

(4) The members on whom any of the aforesaid punishment is imposed may, within a period of thirty days of the communication of the orders to him, appeal to the office, immediately superior to the authority imposing the punishment.

(5) The proceedings for the investigation of the offences shall be regulated under the general orders of the Government unless special orders, if any, are issued in this respect.

  1. Compensation for damage.[Section 11(2)(b) and (d)].- If a member 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 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 these rules or orders or directions issued by his superior officers.
  2. Awards.[Section 11(2)(b)].- (1) The members shall be eligible for cash awards individually or collectively for conspicuous good work or for a work of outstanding nature in saving life, protection of property, assistance in maintenance of law and order, devotion to duty and for any other purpose which furthers the aims and subjects of the Home Guards.

(2) The Commandant General is authorised to grant awards upto a monetary limit of [five hundred rupees] in any one case or on any one occasion.

(3) The complete citation indicating the reason for which the award is granted shall be written and duly publicised.

  1. Resignation.[Section 11(2)(b)].- (1) A member may resign his office by submitting application in writing addressed to the District Commandant.

(2) The resignation shall not take effect unless the District Commandant accepts the resignation and intimation to this effect is given to the applicant. Failure to report for duty, without permission of the calling authority or information of his inability to attend the duty on the place on the plea that a letter of resignation has been submitted will amount to absence from duty.

(3) The District Commandant shall forward the resignation with his remarks to the appointing authority in the case of officers.

  1. Discharges.[Section 11(2)(b)].- (1) A member shall be discharged on completion of the following grounds or may extend the period or his appointing authority may discharge him earlier on any one of the following grounds or may extend the period of his membership :-

(a) physical unfitness;

(b) attaining the age of fifty years;

(c) commission of an act detrimental and prejudicial to good order, welfare or discipline of the Home Guards;

(d) his request with the due notice; provided that a change of residence from one district to another shall not necessarily be a valid ground for discharge and the member concerned shall form part of the Home Guards Unit functioning in the district to which he moves.

(2) Every discharged member shall receive from the appointing authority a discharge certificate in the form specificated in Appendix-C.

  1. Delegation.- The Commandant General may delegate his powers under these rules, except the Section 10, powers of dismissal to any officer of his Unit subject to such condition as may be specified in the order.
  2. Special provisions.[Section 11(2)(b)].- Notwithstanding anything contained in these rules, the appointing authority may impose special terms and conditions in the order of appointment if it is deemed expedient to do so.
  3. Repeal and savings.- The Punjab Home Guards Rules, 1963, in their application to the State of Haryana, and hereby repealed :

Provided that anything done or any action taken under the rules so repealed shall be deemed to have been done or taken under the corresponding provisions of these rules.

Appendix A

(See rule 5)

Enrolment Form

  1. Name
  2. Father's/husband's name

(a) Village

(b) Post Office

(c) Police Station

(d) Railway Station

(e) District

  1. Age
  2. Profession
  3. Academic Qualifications.
  4. Present occupation and where employed with complete address.
  5. Whether convicted by any criminal court.
  6. Are you willing to be enrolled in the Home Guards Urban or Rural Wings.
  7. Are your prepared to serve when called for duty in case of Emergency.
  8. Have you ever served in I.A., I.N.A., I.T.E., Police etc.
  9. Are you a member of the Army Reserve Force.
  10. [-]
  11. [-]

Declaration of acceptance for emolment.

I _______________ (Name and designation) solemnly declare that the answers given to the questions in this form are true.

Signature

Certified that the applicant understands and agrees to the conditions of enrolment.

(Signature of Enrolling Officer)

Appendix B

(See Rule 16(1))

(Form of Certificate for members of the Haryana Home Guards)

The Haryana Home Guards ________________

District, No. ______________
resident of ______________ son of ____________

has been appointed a member of the Haryana Home Guards under the Haryana Home Guards Act, 1974, and is vested with the powers, functions and privileges and protection of a police officer.

Appointed on the District Commandant
---------------------------

Appendix C

(See rule 29)

Discharge Certificate

This is to certify that No _____ rank _______ Name _____ was enrolled as a Home Guard in the ________ on ________ 19 and was discharged on _________ 19__. He is discharged by order of __________ in consequences of section _________ of Haryana Home Guards Act, 1974.

Act __________19 .

Character assessed.

Period of training attended.

Particulars of embodied service.

Place _______________ Dated ______________

Signature of Prescribed Authority