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State of Manipur - Section

Section 12 in Manipur Home Guards Act, 1989

12. Penalties for breach of duties etc.

(1)Every member of Home Guard, who is guilty of any violation of duty or wilful breach or neglect of' any provision of this Act or of any rule or lawful order made by competent authority or who has withdrawn from the duties of his office without permission or who being required to undergo training under section 7 or being called out under section 9 without sufficient cause neglects or refuses to obey the requirements or the order calling him out or who is guilty of cowardice or offers any unwarranted personal violence to any person in his custody or who fails within thirty days to surrender his certificate, arras, accoutrement's, clothing's and other necessaries under sub-section (1) of section 10 shall be punishable with simple imprisonment for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both.
(2)An offence punishable under sub-section (1) shall be cognizable.
(3)The Commandant General or subject to the control of the Commandant General, the Commandant or Officer not below such rank as may be prescribed, may for any act of commission or omission punishable under sub-section (1) award to any member of Horae Guards, without formal trial, who is subject to his authority, any of the following punishments namely,
(a)imprisonment in the quarter guard of a police line or such other place as may be considered suitable, for a term which may extend to 28 (twenty eight) days when the order is passed by the Commandant General or to 7 (seven ) days when it is passed by any other officer. Such imprisonment shall involve the forfeiture of pay and allowances, if any, for the period of imprisonment;
(b)punishment drill, extra guard, fatigue or other duty not exceeding twenty eight days in duration with or without confinement to the lines as may be appropriate.
(4)No proceedings shall be instituted in any Court under sub-section (1) without the previous sanction of the State Government.