Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com MADRAS HOME GUARDS RULES, 1949 CONTENTS 1. Short title 2. Definitions 3. Recruitment and appointment 4. Organisation 5. Training 6. Duties 7. Discipline 8. Uniform 9 . Responsibility for pecuniary loss caused to Government by negligence 10. Remuneration MADRAS HOME GUARDS RULES, 1949 In exercise of the powers conferred by section 10 of the Madras Home Guards Act, 1948 (Madras Act I of 1948). His Excellency the Governor of Madras hereby makes the following rules: 1. Short title :- These rules may be called The Madras Home Guards Rules, 1949. 2. Definitions :- In these rules, unless there is anything repugnant in the subject or context (i) "the Act" means the Madras Home Guards Act, 1948 (Madras Act I of 1948); (ii) "area" means the Presidency town or any other area in the Province in which the Act is for the time being in force; (iii) "Form" means a form appended to these rules. 3. Recruitment and appointment :- (1) No person shall be eligible for appointment as a Home Guard unless he - (a) is not less than 20 and not more than 45 years of age on the date of his application for enrolment; (b) can read and write in any one of the following languages, namely, English, Tamil, Telugu, Malayalam, Kannada and Hindustani; (c) is of good character; and (d) is a resident of the area (2) Every person desiring to be appointed as a Home Guard shall make an application in Form A to the Commissioner of Police in the Presidency town and to the District Superintendent of Police concerned, elsewhere. (3) The selection for appointment as Home Guards shall be made by a Recruitment Committee appointed by the Provincial Government. (4) Every person selected by the Recruitment Committee for appointment as a Home Guard shall be medically examined and, if found fit, shall sign a pledge in Form B. (5) The certificate of appointment to be issued to a Home Guard under Section 4 (2) of the Act shall be in Form C and shall be issued by the Provincial Commandant or, if no Provincial Commandant has been appointed, by the Commissioner of Police or the District Superintendent of Police concerned, as the case may be. (6) A Home Guard shall be bound to serve the Provincial Government for a period of three years and shall be eligible for re appointment on the expiry of that period, provided that no Home Guard shall be continued in service after he has completed his 55th year. The Commandant may however for sufficient reasons accept the resignation of a Home Guard or discharge him at any time before the expiry of the term of his appointment. 4. Organisation :- (1) There shall be constituted by the State Government in Hyderabad and Secunderabad Cities and in each of the districts, a District Advisory Committee to give assistance and advice in the proper functioning of the Home Guards Organisation. The Commissioner of Police in the case of the Hyderabad and Secunderabad cities and the Collector in a district, shall be the Chairman of the Advisory Committee. Besides the Collector in a district the Committee may also consist of the Chairman, Zilla Parishad, Superintendent of Police and four or five non official members who will be nominated by the State Government, in respect of the Cities of Hyderabad and Secunderabad, the Commissioner of Police will be assisted by the Assistant Commissioner of Police in charge of the Home Guards Organisation, Hyderabad, Mayor, Hyderabad Municipal Corporation and four or five non official members nominated by the State Government. The Assistant Commissioner of Police in charge of the Home Guards Organisation in the City and the Superintendent of Police in the district will be the Member Secretary of the Committee. (2) The entire organisation of Home Guards in the State shall function under the overall control, superintendence and guidance of the Inspector General of Police. In the Hyderabad and Secunderabad cities the Commissioner of Police assisted by an Assistant Commissioner of Police appointed by the State Government for the purpose will be in general charge whereas in a district, the Superintendent of police will have such general charge. Homeguards shall be organised in sections, each of which will have a strength of eleven including one Section Commander and one Assistant Section Commander. These sections shall make a Platoon which will be under the Command of Platoon Commander. Three Platoons shall make a company which will be under a Company Commander. Home Guards shall be attached to such Police Stations as may be specified by the Commissioner of Police, in the City and Superintendent of Police concerned, elsewhere to facilitate their training and their being called out to aid the police in emergencies. The Company, Platoon, Section and Assistant Section Commanders will be appointed by the Commissioner of Police in the City and Superintendent of police in the district. 5. Training :- Every Home Guard shall, on enrolment, be required to undergo a course of training for a period of not more than three months in physical exercise, arms drill, lathi drill. musketry, fire fighting, first aid, and duties and powers of Home Guards. During this period, training shall be given for not more than two hours a day and for not more than three days a week. After the completion of the training, the Home Guards may be called in once a week for practice. Every Home Guard may also be required to undergo a refresher course for a period of not more than two weeks at an annual camp. 6. Duties :- (1) The Home Guards may be called out for training by the Station House Officer of the station to which they are attached by an order issued orally or in writing, specifying the days on which, the hourse for which, and the places at which they should report themselves for training. They may be called out for duty through the Station House Officer of the Police Station to which they are attached, by an order in Form D, signed by the Commissioner of Police or the District Superintendent of Police concerned, as the case may be, in whose opinion their assistance is necessary for the prevention of commission of offences, for the protection of life and property, for the suppression of disturbances for the control and regulation of traffic and assemblies, for the collection of information of generally f or assistance to the police in the discharge of their duties in connection with protection of persons, the security of property, and the preservation of public order and tranquillity: Provided that any police officer not below the rank of inspector of Police may, in an emergency, and if there is not sufficient time to obtain the orders of the Commissioner of Police or the District Superintendent of Police concerned, as the case may be, call out, in the manner and for the purpose stated above, any Home Guard within his jurisdiction; but any such action shall be reported immediately to the Commissioner of Police or the District Superintendent of Police concerned, as the case may be. (2) Subject to the general control of the Commissioner of Police in the Presidency town and the District Superintendent of Police concerned elsewhere, the Commandant may exercise all the powers conferred by Section 6 of the Act on the Commissioner of Police, Madras, or the District Superintendent of Police concerned, as the case may be. 7. Discipline :- (1) The Commandant shall comply with all orders in regard to the training of Home Guards and their use in aid of the Police issued by the Commissioner of Police or the District Superintendent of Police concerned, as the case may be. (2) A Home Guard shall perform such duties and functions as may be assigned to him and shall obey every order of his superior officers. (3) For the purposes of administration and discipline, the Home Guards shall, subject to the provisions of Sub rule, (5) be under the control of their Commandant and, in his absence, of the Adjutant or the other staff officers, if any, appointed to assist the Commandant: Provided that, if a contigent of Home Guards is acting in conjunction with a police force, they shall be subject to the control of the Senior Police Officer present who shall be not below the rank of Inspector. (4) The Commandant may, for good and sufficient reasons, impose on any Home Guard any of the following penalties : (a) reprimand; (b) extra duty; (c) withholding of payment of duty allowance; (d) suspension; (e) reduction of rank; (f) removal; and (g) dismissal. (5) The Commissioner of Police in the Presidency town and the District Superintendent of Police concerned elsewhere may, for good and sufficient reasons, directing the suspension, removal, or dismissal of a Home Guard from his office. (6) The superintendence of the Home Guards shall be vested in the Inspector General of Police and shall be exercised by him through the Commissioner of Police in the Presidency town and through the Special Officer for the Special Armed Police Units and the District Superintendent of Police concerned elsewhere. 8. Uniform :- (1) The following uniform shall be supplied to the Home Guards including the section, platoon and company commanders : - (i) A grey mazri bush shirt and khaki shorts for officers of and above the rank of platoon commanders and a grey mazri shirt and khaki shorts for others; (ii) solar hat; (iii) brown leather shoes (iv) khaki cotton stockings; and (v) a whistle The Home Guards shall wear the letter H.G. on their shoulder straps and their officers will wear, in additions the following badges of rank in brass:- TABLE (i) All Commandants including the Commandant in the Presidency-town A Crown (ii) All Adjutants including the Adjutant in the Presidency town Three Stars (iii) Company Commanders Two Stars (iv) Platoon Commanders One Star (v) Assistant Platoon Commanders Three bars (vi) Section Leaders Two bars. (vii) Assistant Section Leaders. One bar. (2) All Home Guards including section, platoon and company commanders shall be supplied with two sets of uniform at Government cost on enrolment, provided that officers of the rank of Adjutants and above shall not be eligible for free supply of uniform. (3) The articles mentioned in Sub rule (1) will be supplied only at such intervals as the Government may, from time to time, by order specify. (4) When a member of the Home Guards resigns or is suspended or dismissed or removed from office, he shall immediately deliver to the Commandant or to such person and at such place as he may specify, his certificate of appointment and the articles of uniform and the equipment supplied to him at the cost of the Government. The said officer or person shall give a receipt for the articles delivered to him. 9. Responsibility for pecuniary loss caused to Government by negligence :- Members of the Home Guards shall be liable to make good any pecuniary loss caused to the Government by their misuse of, or negligence while in charge of, Government property including arms and accounterments entrusted to them. 10. Remuneration :- Service in the Home Guard will be entirely honorary and no pay shall be admissible to the members of the Home Guard. Duty allowance will however be admissible to the members of the Home Guard during the period of their training and when called out for duty at such rates as may be fixed by the Government from time to time.