RAJASTHAN HOME GUARDS RULES, 1962


CONTENTS
1. Short title
2. Definitions
(1) Ordinance,
(2) Commandant,
(3) Commandant General,
(4) Form,
(5) Home Guards,
(6) Member of Home Guards,
(7) Section.
3. Appointment of member of Home Guards.
4. Application for appointment.
5. Home Guards Selection Committee.
6. Pledge.
7. Certificate.
8. Term of Office.
9. Age limit for a member of Home Guards.
10. Conditions subject to which power of discharge may be exercised.
11. Resignation.
12. Organization.
13. Powers of the Commandant General and Commandants.
14. Discipline.
15. Uniforms, accountrements etc.
16. Training
17. Functions and duties.
18. Compensation.
                                                 FORMS A, B & C

THE RAJASTHAN HOME GUARDS AMENDMENT RULES, 2009.
                Notification No. F. 10/14(1)Home (a-I)/59, dated 1.2.1962, pub. in Raj. Gaz., Pt. IV-C, dt. 13.12.1962] In exercise of the powers conferred by section 10 of the Rajasthan Home Guards Ordinance, 1962 (Rajasthan Ordinance 2 of 1962) read with sections 2, 3, 6 and 8 thereof, the State Government makes the following rules, namely :-

1. Short title. - These rules may be called the Rajasthan Home Guards Rules, 1962.
2. Definitions. - In these rules, unless the context otherwise requires :-
(1) "Ordinance" means the Rajasthan Home Guards Ordinance, 1962 (Ord. 2 of 1962).

COMMENTARY
Rajasthan Home Guards Ordinance, 1962 (Raj. Ord. 2 of 1962) has been repealed and replaced by section 13(2) of Rajasthan Act No. 9 of 1963. Looking to the provisions of Section 13(3), anything done or rules made under the repealed Ordinance shall be deemed to have been made under the repealing Act itself. Hence in these rules, wherever reference is made to the repealed Ordinance, it should be understood as the repealing Act 9 of 1963.
(2) "Commandant" means a Commandant of Home Guards appointed under section 2;
(3) "Commandant General" means the Commandant General appointed under section 2;
(4) "Form' means a form appended to these rules;
(5) "Home Guards" means the Home Guards constituted under section 2;
(6) "Member of Home Guards" means a member appointed under section 3;
(7) "Section" means a section of the Ordinance.
3. Appointment of member of Home Guards. - (1) No person shall be appointed as a member of the Home Guards, unless -
(a) he has attained the age of 18 years and has not completed the age of 45 years;
(b) he has passed at least the fourth standard examination in any language;
(c) he has been medically examined in accordance with the directions of the Commandant General and is in the opinion of the Commandant physically fit;
Provided that the Commandant General may relax the conditions regarding the age or educational qualifications prescribed in clauses (a) and (b) above in suitable cases;
Provided further that the State Government may direct that in respect of any area the educational qualification for appointment as a member of the Home Guards shall be such as it deems fit.
4. Application for appointment. - A person desiring to be appointed a member of the Home Guards shall make an application in Form A.
5. Home Guards Selection Committee.- (1) The Commandant General shall appoint a Committee to be called the Home Guards Selection Committee for each of the areas for which the Home Guards has been constituted under section 2.
(2) The Home Guards Selection Committee shall consist of such members as may be nominated by the Commandant General.
(3) It shall be the duty of the Home Guards Selection Committee to advise the Commandant in the selection of candidates for appointment as members of the Home Guards.
6. Pledge. - Every person before his appointment as a member, shall sign a pledge in Form B before the Commandant or an officer authorised by him for the purpose.
7. Certificate.-Every person appointed as a member of the Home Guards shall receive a certificate of appointment in Form C.
8. Term of office. - The term of office of a member of the Home Guards shall be five years.
Provided that -
(i) if any such member is found to be medically unfit to continue as a member of Home Guards his appointment may be terminated before the expiry of the term of office;
(ii) a person appointed shall be eligible for reappointment;
(iii) the services of a member of the Home Guards may be terminated at any time by the Commandant or the Commandant General, as the case may be, after giving one month's notice.
9. Age limit for a member of the Home Guards. - A member of the Home Guards may continue to be such member until he attains the age of 55 years;
Provided that the Commandant General may relax the age limit in reasonable cases.
10. Conditions subject to which power of discharge may be exercised. - No member of the Home Guards shall be discharged under sub-section (1) of section 8, unless the Commandant or the Commandant General, as the case may be, is satisfied that such member has committed an act detrimental to the good order, welfare or discipline of the Home Guards Organization.
11. Resignation. - A member of the Home Guards may, resign his office by an application in writing addressed to the Commandant.
Provided that such resignation shall not take effect unless the Commandant accepts the same after being satisfied that there are good and sufficient reasons for the same.
12. Organization. - In addition to the Commandant General and the Deputy Commandant General, the Home Guards constituted for each area shall consist of a Commandant; a second in Command, an Adjutant, Senior Divisional Commandants, such staff officers as the Commandant may consider necessary, Divisional Commanders, Company Commanders, Senior Platoon Commanders, Sergent Majors, Quarter Master Sergeants, Platoon Sergeants, Section Leaders, Assistant Section Leaders and Sections. Three sections shall form a Platoon three Platoons a Company and Three Companies a Division.
13. Powers of the Commandant General and Commandants. - (1) The Commandant General shall exercise general supervision and control over the working of all Commandants in the State and co-ordinate the work of the Home Guards all over the State. He shall be directly responsible to the State Government for the efficient working, discipline, administration and training of the organization.
(2) Subject to the supervision and control of the Commandant General, each Commandant shall exercise supervision and control over the working of the Home Guards under his command. He shall be responsible to the Commandant General and the State Government for the efficient working, discipline, administration and training of the Home Guards under his command.
(3) Subject to the supervision and control of the Commandant General and the Commandant, any officer of the Home Guards authorised by the Commandant in this behalf may exercise the powers conferred by section 4 on the Commandant in such circumstances as the Commandant may specify.
14. Discipline. - (1) A member of the Home Guards shall obey every order of his superior officer.
(2) For the purpose of administration and discipline the members of the Home Guards shall be under the control of their own officers :
Provided that if a contingent of Home Guards is acting in conjunction with the ordinary police force, the senior officer of such contingent present shall be under the immediate control and subject to the directions of the senior officer of such Police Force present not below the rank of a Sub-Inspector.
15. Uniforms accountrements, etc. - A member of the Home Guards shall, while on duty, wear the uniform supplied to him. He may also carry a rifle or a revolver or any other weapon, sanctioned by the State Government from time to time.
16. Training. - The members of the Home Guards shall undergo such course of training as may be determined in writing by the Commandant General from time to time and at such places as may be fixed by the Commandant from time to time.
17. Functions and duties. - The functions and duties of members of the Home Guards shall ordinarily be as follows :-
(1) To help in maintaining Law and Order.
(2) To be nucleus of a civil emergency organization to help to abnormal calamities.
(3) To provide the nucleus of auxiliary, fire, rescue, communication and Ambulance
services.
(4) To operate transport, communications electricity, water and essential services, when the normal services are not functioning.
(5) To assist in the social welfare scheme of the Government.
(6) To perform such other duties as may be assigned from time to time by the State Government or the Commandant General.
18. Remuneration :- Officers and other members of the Home Guards shall be entitled to receive such allowances and at such rates as the State Government may from time to time determine.
Mess Allowance to Home Guards Personnel.-
Rates revised w.e.f. 1.9.1980.
Sub :- Grant of Mess Allowance to Home Guards Personnel.
G.S.R. 111.- The Governor has been pleased to order that the existing rates of Mess Allowance admissible to the following category of employees of the Home Guards who are members of mess may be revised with effect from 1.9.1980 as under irrespective of number of diets they take in the mess :-
Mess Allowance per Month.
1. Border Home Guards Rs. 60/-
2. Urban and Rural Home Guards Rs. 52/-
2. The mess allowance at the aforesaid rate shall not be admissible during the period of training.
3. The payment of mess allowance shall be regulated on the basis of Mess Allowance Rules applicable to Police Personnel in the Police Department.
[Order No. F.9(13)FD(Gr.-2)77-II, dt. 30.8.1980, pub. in Raj. Gaz. Pt. IV-C(i), dt. 11-12-1980, p. 260].
19. Compensation.- If a member of the Home Guards 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 State 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 Rules made thereunder or orders or directions issued by his superior officer.

FORM 'A'
(See rule 4)
To
THE COMMANDANT, HOME GUARDS
1. I declare that I am a citizen of India and that I desire to be enrolled as a member of the Home Guards for.............and have not intention of permanently leaving the limits of the State of Rajasthan for at least five years after enrolment and that I am not under any obligation to serve in any other force.
2. I understand that :-
(1) In any emergency I shall be liable to be called out on duty or for training at any
time and for any period.
(2) I shall be liable to undergo training and attend parades in accordance with the
orders of my superior officers.
(3) I shall be required to take the following pledge, namely :-

"I..............................................residing at.................................do solemnly and sincerely declare and affirm that I will well and truly serve the Government of Rajasthand as a member of the Home Guards in.........................., without favour or affection, malice or ill-will or communal or political bias; and that I will to the best of my powers discharge the functions and duties assigned to me for the protection of peace, the security of property and the public safety and that I will to the best of my skull and knowledge discharge all the duties as such member faithfully according to law and will not allow any communal and political bias to interfere with the duties assigned to me by Government or my superior officers".
(4) I shall be required to service for a period of five years in the Home Guards unless I am allowed to resign in pursuance of the Rajasthan Home Guards Rules, 1962.
(5) I shall ordinarily be liable to serve in any part of ...............................
1. Name in full.................................
2. Address (Residence)...............................
(Business) if any.....................................
3. Telephone No. (Residence)..............................
(Business) if any......................................
4. Date of birth............................
5. Place of birth................................(Town) ............................
Country of district....................................
6. Occupation or Profession.....................................
7. Education (Degree held or examination passed) Special qualifications such as knowledge of foreign languages or stenography or typing should be mentioned.....................
8. Particulars of War Service or Military or Naval training or training with any First-aid or Ambulance Corps...................
9. Father's name.................................................................................
10. Father's occupation or Profession.............................
11. If originally a resident of Pakistan, the address in that Dominion and the date of migration to Indian Union......................
12. Particulars of places where you have resided for more than one year during five years..........................
From.................................


To.....................................
(Residential address in full, i.e. Village, Thana and District or House Number Lane/Street and Road)................................................................................
4. The answer to the following questions are as given against them :-
(1) Do you hold an Arms Licence? if so, give description of the weapon.
(2) Have you received any training in the use of firearms?
(3) Have you ever been convicted by a court of any offence? if so, give particulars of the convictions and sentences.
I declare that the above particulars are correct.


Date (Signature).................................

Certificate of character signed by the gentlemen of position who have known you personally for at least three years should be written in space below :-
1. Signature of person gives the certificate.............................
Address.....................................
Telephone No. (if any).........................
2. Signature of persons who gives the certificate.................
Address.....................................
Telephone No. (if any).........................
Notes . - (1) If you are a Government servant or an employee in a local authority, a firm or any other office you should sent this form through your superior officer with his certificate that he has no objection to your attending the training and that he will release you for duty in an emergency at any time and for any period and in any part in the State of Rajasthan.
(2) After completing the form you should post it or deliver it to the Commandant Home Guards.......................................You will receive intimation in due course whether your services can be utilised.
Certificate to be signed by the Employer or the Superior Officer,
I certify that I shall have no objection to the employee..............................attending the training on week days in the morning and that I shall release him for duty in an emergency at any time, and for any period as laid down in paragraph (1).


(Signed)
Employer or Superior Officer.
Dated...................
Full Address.........................
Telephone No. (if any)................................
Note by the Commandant, Home Guards
In requesting the Employer or the Superior Officer to issue the above certificate, the Commandant desires to point out that emergencies such as those that are referred to in paragraph (1) are not likely to arise very often. Prospecting Home Guards should, therefore, not be scared away, nor should their Employers, or Officers hesitate to issue the above certificate for just this reason.

FORM 'B'
(See rule 6)
FORM OF PLEDGE
'I...................................residing at.............................................do solemnly and sincerely declare and affirm that I will well and truly serve the Government of Rajasthan as a member of the Home Guards in.....................without favour or affection, malice or ill-will or communal or political bias; and that I will to the best of my powers, cause peace to be kept and preserved, and prevent all offences against persons and property, and tha, while I continue to be a member of the Home Guards, I will, to the best of my skull and knowledge, discharge all the duties as such member faithfully according to law and will not allow any communal or political bias to interfere with the duties assigned to me by Government or my superior officers".

Date.....................
Taken in presence of................... ..........................
Signature
FORM 'C'
(See rule 7)
Certificate of appointment as a member of the Home Guards which should be incorporated in the identification card.
No.................................
STATE OF RAJASTHAN
Shri.................................has been appointed as a member of the Home Guards for the (area)..........................under the Rajasthan Home Guards Act, 1963 (Raj. Act. No. 9 of 1963).
Signature...................................
Designation................................