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Penalties

§13

Summary

.(1) if a home guard- (a) fails to report himself when called out for duty under section 8 ; or (b) without sufficient excuse neglects or refuses to obey any lawful order or direction of his superior officer or other competent authority or fails to discharge his function as a member of Home Guards while on duty ; or (c) deserts his post ; or (d) is guilty of cowardice ; or (e) offers any unwarranted personal violence to any person in his custody ; he shall, on conviction by a magistrate of the first class, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both. (2) If any person willfully neglects or fails to comply with subsection (3) of section 12, he shall, on conviction, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees or with both. (3) No prosecution shall be instituted under sub-section (1) or (2) without the previous sanction of the Commandant-General or such other officer as may be prescribed in this behalf. (4) On a report of 1[the District Commandant] a police officer may arrest without a warrant any person accused of an offence punishable under sub-section (1) or (2). (5) When a member of the Home Guards other an officer commits an offence punishable under sub-section (1), 2[the District Commandant] or such other officer as may be prescribed, under whom the member is for the time being serving may direct that the charge shall be dealt with without formal trial and thereupon the said Commandant or other officer may in the prescribed manner award to him any one or more of the following punishments, namely : (a) confinement in such place as may be considered suitable for a period not exceeding two days ; (b) punishment drill, extra work, fatigue or other duty not exceeding seven days in duration, with or without confinement to quarters ; and (c) forfeiture of allowances

.(1) if a home guard- (a) fails to report himself when called out for duty under section 8 ; or (b) without sufficient excuse neglects or refuses to obey any lawful order or direction of his superior officer or other competent authority or fails to discharge his function as a member of Home Guards while on duty ; or (c) deserts his post ; or (d) is guilty of cowardice ; or (e) offers any unwarranted personal violence to any person in his custody ; he shall, on conviction by a magistrate of the first class, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees, or with both. (2) If any person willfully neglects or fails to comply with subsection (3) of section 12, he shall, on conviction, be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred rupees or with both. (3) No prosecution shall be instituted under sub-section (1) or (2) without the previous sanction of the Commandant-General or such other officer as may be prescribed in this behalf. (4) On a report of 1[the District Commandant] a police officer may arrest without a warrant any person accused of an offence punishable under sub-section (1) or (2). (5) When a member of the Home Guards other an officer commits an offence punishable under sub-section (1), 2[the District Commandant] or such other officer as may be prescribed, under whom the member is for the time being serving may direct that the charge shall be dealt with without formal trial and thereupon the said Commandant or other officer may in the prescribed manner award to him any one or more of the following punishments, namely : (a) confinement in such place as may be considered suitable for a period not exceeding two days ; (b) punishment drill, extra work, fatigue or other duty not exceeding seven days in duration, with or without confinement to quarters ; and (c) forfeiture of allowances

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