Acts & Rules

GOVERNMENT  OF  MIZORAM
HOME  DEPARTMENT

       In exercise of the powers conferred by the provision under section 13 of the Home Guards Act 1985, and to give effect to the various provisions of the said Act, the Government of Mizoram hereby makes the following rules, namely :-

THE MIZORAM HOME GUARDS RULES, 2009

PART - I

1.    SHORT TITLE AND COMMENCEMENT :-

    1)  These Rules may be called the Mizoram Home Guards Rules, 2009.

    2)  It extends to the whole of the state of Mizoram.

    3)  It shall come into force from the date of publication in the Mizoram Official Gazette.

2.    DEFINITION :-    
       In these Rules, unless the context otherwise requires; the expression namely :-

a)    “Act” - means the Home Guards Act 1985 enacted by the Government of Mizoram;

b)    “Government” - means the Government of Mizoram;

c)    “Home Guards” - means the Home Guards constituted under section 3(1) the Home Guard Act 1985;

d)    “Home Guards Volunteer” - means a person appointed as such under Sec 4(1) of the Mizoram Home Guards Act 1985;

e)    “Home Commissioner” -  means a person appointed as Home Commissioner or Home Secretary by the Government of Mizoram;

f)   “Commandant General” - means the Commandant General of the Mizoram Home Guards appointed under Sub Section (3) of the aforesaid Act;

g)     “Commandant CTI” -  means the Commandant, Central Training Institute of the Mizoram Home Guards;

h)     “Commandant” - means the District Commandant of the Mizoram Home Guards appointed under Sub Section 2 of Section 3 of the Home Guards Act 1985;

i)     “Compendium” - means the Home Guards Compendium of Instructions issued by the Ministry of Home Affairs, Government of India.

PART - II

3.    Appointment of Home Guards Volunteers :-

    A.    Subject to the approval of the Commandant General, the Commandant CTI and District Commandant may appoint persons who are fit and willing to serve as Home Guards Volunteers.

    B.    No person shall be appointed as a Home Guards Volunteer unless he or  
                        she -     

        (i)    is an Indian citizen 
       (ii)    has attained the age of 18 years but not more than 50 years    
      (iii)    has passed Class VIII examination.    
    (iv)   has a minimum height of 168 centimeters and a chest measurement of 84 centimeters at normal and 89 centimeters when expanded. However, for candidates belonging to Scheduled Castes/Scheduled Tribes whose average height is distinctively lower, the minimum height shall be 163 centimeters with a minimum chest measurement of 79 centimeters at normal and 74 centimeters when expanded. In respect of female candidates, the minimum height shall be 157 centimeters with minimum weight of 45 kgs.

     (v)   has been medically examined in accordance with the directions of the Commandant General and shall be of sound health, physically and mentally.

       Provided that, the above conditions mentioned in clause (ii), (iii) and (iv) may be amended by the Government from time to time.

4.    Application for Appointment :-

       A person desiring to be appointed as a Home Guards Volunteer shall make an application in    form ‘A ’

5.    Pledge :-

      Every person before his or her appointment as a Home Guards Volunteer shall sign a pledge in form ‘B’ before the Commandant General or an Officer authorized by the Commandant General for this purpose. 

6.    Certificate :-

      Every person appointed as a Home Guards Volunteer shall receive a certificate of appointment in form ‘C’.

7.    Term of office :-
        
      The term of office of a Home Guards Volunteer shall ordinarily be three years which may be extended by the Commandant General subject to the member attaining the maximum age limit for service specified under this rule. 
            
8.   Age limit for a member of the Home Guards :-

     A Home Guards Volunteer shall continue to be such Volunteer until he or she attains the age of 60 years provided that the Commandant General may relax the age limit in suitable cases.

9.   Conditions of discharge :-
     Commandant CTI or the Commandant may discharge a Home Guards Volunteer at any time subject to the approval of the Commandant General before the expiry of the term of office. However, no Home Guards Volunteer shall be discharged under Section 5 and Section 11 (1) and (2) of the Act unless the Commandant General is satisfied that such Volunteer has committed an act detrimental to the good order, welfare or discipline of the Home Guards Organization. Further, such discharge order is to be issued only after due inquiry is conducted and reasonable opportunity is given to the delinquent Volunteer and a copy of such order is to be furnished to the Volunteer whose service has been terminated.

10.    Resignation :-
         A Home Guards Volunteer may resign by submitting a written application addressed to the Commandant General or the Commandant. Provided that such resignation shall not take effect unless the Commandant General, whose decision is final, accepts the same after being satisfied that there are good and sufficient reasons for the same. 

11.    Powers of the Commandant General :-
    
(i)    The Commandant General shall exercise general supervision and control over the working of the Home Guards. He shall be directly responsible to the Home Commissioner for the efficient working, discipline, administration and training of the Home Guards organization.

(ii)    Subject to the supervision and control of the Commandant General, the Commandant CTI and the Commandant shall exercise supervision and control over the working of the Home Guards under their command.

12.    Discipline :-
    
(i)     A Home Guards Volunteer shall obey every order of his superior officer.

(ii)    For the purpose of administration and discipline, the Home Guards Volunteers shall be under the control of their immediate supervising officers; 

        Provided that, if a contingent of Home Guards is acting in conjunction with the ordinary Police Force in the maintenance of law and order, the senior officer of such contingent present shall be under the immediate control and subject to the discretions of the senior officer of such Police Force present not below the rank of an Inspector as empowered under Section 9 of the Act. 

13.    Uniform, accoutrements, etc. :-
        A Home Guards Volunteer shall, while on duty wear the uniform supplied to him or her which is approved by the government. Unless specified by the government, the uniform of Home Guards Volunteers shall be in conformity with the specifications provided by the Compendium. A Home Guards Volunteer may also carry Arms and Ammunition or any other weapon sanctioned and 
authorized by the government.

14.    Training :-
        The Home Guards Volunteers shall undergo a Basic Course of training of six months at the Central Training Institute and will also attend Advanced and Refresher Courses and Pre-Promotion courses as may be determined by the Commandant General.

15.    Functions and duties :- 

        The function and duties of Home Guards Volunteers shall ordinarily consist of :
(i)     Guarding of government buildings and vital installations.

(ii)    Assisting the civil Police Force in enforcing the maintenance of law and order when they are requisitioned for the purpose.

(iii)   Home Guards Volunteers shall be liable to serve in any part of Mizoram or  India during a period of three years.

(iv)   Performing such other duties as may be assigned from time to time by the Commandant General.

16.     Home Guards Volunteers’ Welfare :-

A.      Leave :-

A Home Guards Volunteer shall be entitled to avail leave with wages as shown below :-

(i)    Out Pass for a maximum of 8 days during a calendar year.

(ii)    Paternity Leave for a maximum period of 15 days and Maternity Leave for a maximum period of 30 days in a calendar year.

(iii)    Sick Leave for a maximum period of 30 days in a calendar year in case of hospitalization due to illness.

B.    Incentive to Home Guards Volunteers for employment in Government services :-

      The Department of Personnel and Administrative Reforms, Government of India, had issued detailed instructions to Central Ministries and Departments on the question of giving preference to Home Guards and Civil Defence Volunteers having three years service and requisite training in those posts in Group ‘C’ and ‘D’ where such experience would be an added advantage for efficient performance of duties, vide letter No. 14034/5/82-Estt dated 5.11.1983. The above circular was forwarded to state governments under Ministry of Home Affairs’s letter No. VI-31011/1/81-DGCD (HG) dated 17.1.84 and 29.9.93 with the request that state governments may also consider issuing similar instructions in the matter and that copies of the instructions issued may be forwarded to the Home Ministry. In light of the above, certain percentage of posts as enumerated below is reserved for Home Guards Volunteers for appointment :

 (i)    Police Department               - 10 %
(ii)    Excise and Narcotics  Department     -  5 %
(iii)    Environment and Forest  Department     -  5 %
(iv)    Prisons Department               -  5 %

C.    Compensation :-

       If a Home Guards Volunteer suffers any damage to his person or property while under training or on the discharge of official duty, he or she shall be paid such compensation as may be entitled to members of the Mizoram Police.
Provided that such damage is not caused by his or her own negligence or willful act or omission in contravention of any of the provisions of the Act or Rules made there under or orders or directions issued by his or her superior officers.

D.    Rewards :-

       Rewards are given for outstanding acts of good work and not for the execution of one’s duty. Rewards may be monetary, a commendation or appreciation. Rewards, being recognition for good work done, acts as incentive and encouragement for further good work. Grant of any cash reward is subject to the condition that funds are available in the budget of the officer empowered to grant the reward.

(i)    Power of granting rewards :- The Commandant CTI and Commandant shall be competent to grant a reward of upto Rs. 500, Deputy Commandant General upto Rs. 1000 and Commandant General upto upto Rs. 2000.
 
E.    Orderly room :-

     The Orderly Room gives an opportunity to individual Home Guards Volunteers to represent their grievances to the Commandant CTI or the District Commandant, whichever is applicable. They are expected to take immediate remedial measures in so far as it lies within their competence. All Home Guards Volunteers should feel free to express their grievances to the concerned officer following the procedure prescribed or accepted

F.    Medical facilities :-

       At present free medical care is provided to all Home Guards Volunteers at the Central Training Institute. In addition, the Medical Officer of the Mizoram Home Guards is also to provide free medical care at Mizoram Home Guards Headquarters for the Volunteers and their family members at least once in a month.

G.    Recreational facilities :-

      To relieve the stress and strain and boredom of Home Guards Volunteer duties, amenities like television and indoor game facilities must be provided at the various deployments including at all company and platoon headquarters.

H.    Home Guards Volunteer Welfare Fund :-

      Welfare Fund for the Home Guards Volunteers should be raised by contribution by all employees of the Mizoram Home Guards including the Volunteers themselves. The amount to be contributed by each individual will be as fixed by the Commandant General from time to time and which will be acceptable by all. 

I.    Sports :-

     Organization of sports shall be deemed an important part of welfare measure for the Home Guards Volunteers. It is essential for building up team spirit and team work. Whenever possible, participation in sports activities in various disciplines should be encouraged.

 

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