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M.P. Gram Tatha Nagar Raksha Samiti Rules, 2003

The M.P. Gram Tatha Nagar Raksha Samiti Rules, 2003

Published vide Notification No. F.-5-2-2000-B(3)-2, dated 17-6-2003, published in the M.P. Rajpatra (Asadharan)

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In exercise of the powers conferred by sub-sections (1) and (2) of Section 21 of the Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 (No. 4 of 2000), the State Government hereby makes the following rules, namely :-

  1. Short title and commencement.- (1) These rules may be called the Madhya Pradesh Gram Tatha Nagar Raksha Samiti Rules, 2003.

(2) They shall come into force with effect from the date of publication in "Madhya Pradesh Gazette".

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

(a) "Adhiniyam" means the Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 (No. 4 of 2000);

(b) "Form" means the forms appended in these rules;

(c) "Raksha Samiti" means Gram or Nagar Raksha Samiti constituted under Section 3 of the Adhiniyam;

(d) "Section" means the section of the Adhiniyam;

(e) "Village Defence Society" means the officers and members of the Village Defence Societies constituted before the commencement of Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999, by the State Government in dacoity affected Gwalior-Chambal Ranges and Sagar-Rewa Ranges;

(f) the words and expressions not defined in these rules shall have the same meaning as assigned to them in the Adhiniyam.

  1. Form of enrolment of members of Raksha Samiti.- The Superintendent shall issue enrolment certificate to each member of Raksha Samiti as required under sub-section (2) of Section 9 of the Adhiniyam in Form 1 and personal bio-data of each member shall be kept in Form 1-A in the office of Superintendent.
  2. Functions of the members of the Raksha Samiti.- The members of the Gram Raksha Samiti shall also perform the following functions in addition to those functions as provided in Section 13 of the Adhiniyam, namely :-

(a) service of summons;

(b) to help in prevention of crime specially crime against women, children, minorities, scheduled castes and scheduled tribes and help in the measures to eradicate against the malpractices prevailing in the society; and

(c) to help in fostering the spirit of communal harmony, unity and national integration.

  1. Form of duty order.- Whenever, the Superintendent/Zila Raksha Adhikari/Thana Adhikari wishes to call a member for duty, he shall issue an order in writing in Form 2, to the Mukhya Rakshak mentioning the date, place and the period for which his presence is required and functions which such members is expected to perform.
  2. Powers and duties of Mukhya Rakshak.- The Mukhya Rakshak shall perform the following duties and exercise the following powers. He shall,-

(a) be responsible for duties performed by the members;

(b) control over all the members and assign duties to them;

(c) maintain proper and adequate co-ordination between Thana Raksha Adhikari and Police Officers as well as the members of Raksha Samiti;

(d) transmit information to the Police Station concerned regarding any unpleasant incident happening in the village and co-operate during the course of police inquiry;

(e) personally maintain full confidentiality of all the operations and ensure the same from the members also;

(f) ensure full compliance of all the legal directions that may be issued by Thana Raksha Adhikari and other Police Officer.

  1. Posting of Thana and Zila Raksha Adhikari and their functions.- (1) The Superintendent shall post Thana Raksha Adhikari for each Police Station, who shall not be below the rank of Assistant Sub-Inspector of Police or Village Defence Society. Such officer shall constitute Raksha Samiti for each village/ ward/beat for providing information regarding Raksha Samities to public in general, to procure enrolment forms duly filled in by all the members of Raksha Samiti and forward to the Superintendent with his recommendation regarding nomination of Mukhya Rakshak, Up-Rakshak and Rakshak-Sachiv.

(2) The Superintendent at district level shall appoint Zila Raksha Adhikari to any Police Officer or Village Defence Society Officer who shall not be below the rank of a Police Inspector for the purpose of direction and supervision of Raksha Samiti. Such Officers, in turn, shall supervise the functioning of all the Raksha Samities falling under the jurisdiction of Police Stations within the district.

(3) The Superintendent shall arrange a separate office room for the Zila Raksha Adhikari within the premises of the office of the Superintendent of Police and ensure seating arrangement for Raksha Adhikaries in each Police Station.

(4) There is one sanctioned post of Chief Organiser of Village Defence Society for Gwalior and Chambal Ranges and one sanctioned post of Deputy Superintendent of Police for Sagar and Rewa Ranges. They supervise the functioning of Raksha Samities in dacoity affected Gwalior-Chambal and Sagar-Rewa Ranges. They shall continue to ensure proper co-ordination of functions between the Raksha Samities functioning in their respect Ranges. Chief Organizer of Village Defence Society Gwalior-Chambal Ranges shall function under the administrative control of the Inspector-General of Police, Chambal Range, while the Deputy Superintendent of Village Defence Society, Sagar-Rewa Ranges shall function under the administrative control of Inspector-General of Police, Sagar Range.

  1. Training to members of Raksha Samiti.- (1) The Superintendent of Police at the district level shall organise seven days basic training programme for all the members of the Raksha Samiti. A trainer, not below the rank of Inspector, shall be deputed for imparting training in each Training Camp. During the course of training the members shall be adequately trained in parade, use of arms and ammunition and their proper upkeep, First Aid and the basics of legal procedure which the police are generally expected to follow. In addition, the members shall also be provided with full information with regard to various Government Scheme loans available from the Banks and measurers for defence against fire, emergency and natural calamities.

(2) Expenditure on training shall be debited under the head Grant No-03-Police-Head-2055-110 Gram Police-9070-Gram Raksha Samities-23 other charges-048 Training Head.

  1. Issuance of weapons to members of Raksha Samities for performance of duty, providing training to handle weapons and its maintenance.- (1) As provided in Section 19 of the Adhiniyam the members of the Raksha Samiti called for duties are the public servants. They while on duty shall have the same powers as are available to a Police Officer under sub-section (1) of Section 15 of the Police Act, 1861 (No. 5 of 1861), relating to responsibilities, privileges and defence. Hence, arms shall be provided only to the members of Gram Raksha Samiti who are called out for duty under this rule.

(2) The Superintendent of Police shall be fully authorised for issuance of a notification in respect of problematic village for a limited period, after identifying the villages especially facing grave problems of crime. In such problematic village, the Superintendent of Police shall issue the arms to as many members of such Gram Raksha Samities as he may deem necessary.

(3) In conformity with the directives issued vide memo No. B-11020/7/97/ Arms/NPS, dated 16th October, 2001 by Grih Mantralaya, Government of India, arms of non-prohibited bore be made available to the members of Gram Raksha Samities, after grant of arms licences, on the recommendation from the Superintendent of Police. Such cases shall be dealt with on priority basis.

(4) The members of Gram Raksha Samities shall also be issued the muskets of 410 bore available in Police armory for a limited period as per requirement. Cartridges for these muskets would be made available from out of the existing stocks in Police Armory.

(5) While issuing the arms, it shall be ensured that members concerned of the Raksha Samities have appropriate arrangement for safe custody of the Government arms and ammunitions provided to them, so that the security of Government arms and ammunitions is properly ensured.

(6) Every members of the Raksha Samiti shall ensure that whatever arms, ammunitions, and other things provided to him immediately surrendered as required under Section 17 of the Adhiniyam.

(7) The Superintendent shall ensure that such members of Raksha Samities who are called upon to perform their duty are properly trained in respect of use of arms and their upkeep. It is only after his satisfaction that the member who are found fit after training shall be provided with arms for duties.

(8) Keeping the security of the member of the Suraksha Samiti not less than two members shall be deployed to perform duty with arms.

(9) Supplies of arms and ammunition provided to the member of Raksha Samiti shall be liable to be scrutinised by Mukhya Rakshak on day to day basis and observation notice shall be quoted in arms register.

(10) The Thana Raksha Adhikari shall compulsorily carry out inspection of the arms provided to the Raksha Samiti once in a month and shall record his observations at the level of Mukhya Rakshak/Thana Rakshak with regard to arms.

(11) The District Police Armourer shall once in a year carry out inspection of arms and ammunition provided to the members of Raksha Samities and submit his inspection report to the Superintendent.

  1. Submission of monthly returns with regard to functioning of Raksha Samities at the Zila/Thana and the Raksha Samiti level and maintenance of register.- (1) The Zila Raksha Adhikari shall maintain the Register as specified in Form 3.

(2) At the Police Station level, Register shall be maintained by the Thana Raksha Adhikari as specified in Form 4 while registers specified in Form 5 shall be maintained by Mukhya Rakshak at the level of Raksha Samities.

(3) Mukhya Rakshak shall send a detailed monthly progress report to Thana Raksha Adhikari and to the Superintendent of Police, who, in turn shall send the report to the Inspector-General of Police, Range every month! This report shall be sent in Form 6. The Inspector-General of Police of Range concerned shall send a monthly report in Form 6 to the Additional Director-General of Police (Special Operations) Police Head Quarters.

Form 1

[See Rule 3]

Enrolment certificate for member of Raksha Samiti

Superintendent of Police,

District......

I,........... s/o................ r/o.......... do hereby voluntarily apply for membership of the Raksha Samiti.

I........... have carefully gone through the various sections of Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 (No. 4 of 2000) and do hereby swear that as provided in the said Act, I shall always, so long as I continue to be the member, carry out the responsibilities with full dedication and honesty. In case I am unable to continue to be the member for any reason, I shall tender my resignation as a member, I shall immediately surrender the identity card, arms and ammunition and other things provided to me.

Applicant, .................. (Signature)

I do hereby nominate Shri......... s/o........... r/o........... as a member of Raksha Samiti as provided in Section 9 of the Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999.

Superintendent of Police District.......................

Dated...............

Form 1-A

[See Rule 3]

Bio-data of enrolled member of Raksha Samiti

  1. Name in full.......................................................
  2. Father's Name......................................................
  3. R/o................ Ward/Name of village.............. Tehsil........... District.............
  4. Caste...............................................................
  5. Age.................................................................
  6. Academic Qualification..............................................
  7. Business/Profession.................................................
  8. Mark of identification..............................................

Shri............ s/o................ r/o.............. of ward/name of village............. is hereby recommended for enrolment as a member of Gram/ Thana/Ward/............. (name of Raksha Samiti) as provided in Section 3 of the Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 (No. 4 of 2000).

Dated................. Thana Raksha Adhikari
Place................. Zila Raksha Adhikari

Form 2

[See Rule 5]

Duty Order

To,

................................. .................................

  1. Details of the duty to be performed : ....................................
  2. Place where the duty to be performed : ....................................
  3. Duration of the duty to be performed : ....................................
Date :

Place :

 Signature of Order issuing authority Officer and Post.

Note. - A member of Raksha Samiti when called out for duty under the Madhya Pradesh Gram Tatha Nagar Raksha Samiti Adhiniyam, 1999 (No. 4 of 2000) shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (No. 45 of 1860) and have same powers, liabilities, privilege and protection as a Police Officer under the Police Act, 1861 (No. 5 of 1861)

Form 3

[See Rule 10(1)]

List of Registers to be maintained by Zila Raksha Adhikari

  1. Police Station-wise Gram Raksha Samiti.
  2. Police Station-wise Registers of the Member of Raksha Samiti.
  3. Receipt/Despatch Register.
  4. Surprise inspection Register.
  5. Police Station-wise Register of arms provided to Member of Raksha Samiti.
  6. Training Register.
  7. Stock Register.
  8. Cash Book/Ledger.
  9. Order Register.
  10. Order Book Register.

Form 4

[See Rule 10 (2)]

List of Registers to be maintained by Thana Raksha Adhikari

  1. Station area Register (A, B and Village).
  2. Register for identification of Member of Raksha Samiti along with their Photograph.
  3. Register for exemplary duties performed.
  4. Receipt/Despatch Register.
  5. Surprise inspection Register.
  6. Duty Register.
  7. Training Register.
  8. Stock Register.
  9. Distribution Register.
  10. Cash Book/Ledger.
  11. Retirement Register.
  12. Order Register.
  13. Order Book Register.
  14. Leave Register.
  15. Arms Register.

Form 5

[See Rule 10(2)]

List of Registers to be maintained by the Mukhya Rakshak

  1. Membership Register.
  2. Receipt/Despatch Register.
  3. Register for exemplary duties performed.
  4. Duty Register.
  5. Arms Register.
  6. Order Register.

Form 6

[See Rule 10(3)]

Monthly Report by Raksha Samiti

  1. Station Area.
  2. Name of Thana Raksha Adhikari/Joining Date.
  3. Name of Village/Ward.
  4. Date of constitution of Raksha Samiti.
  5. Number of Members.
  6. Name of Mukhya Rakshak.
  7. Total number of Raksha Samities constituted within the station area.
  8. Total number of Members of Raksha Samities within the station area.
  9. Details of arms provided to the Members of Raksha Samities and remarks regarding regular inspection.
  10. Details of exemplary duties performed.
  11. Other remarks, if any.

Mukhya Rakshak, Raksha Samiti

  1. Remarks by Thana Raksha Adhikari
  2. Remarks by Zila Raksha Adhikari.
  3. Remarks by Superintendent of Police of the District concerned.