Section 13 in The West Bengal National Volunteer Force Act, 1949
13. Penalties. -
(1)If a volunteer, without sufficient cause, neglects or refuses to obey the orders of any superior authority or officer whom he is bound to obey, or fails to discharge any duty which he is bound to perform under this Act or any rule or regulation thereunder, or deserts his post, or is guilty of any wilful breach or disobedience of any provisions of this Act or of any rule or regulation thereunder, or lawful order made or issued thereunder by a competent authority, he shall be liable to be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.(2)No prosecution shall be instituted against a volunteer for any offence punishable under sub-section (1), without the previous sanction of the Commissioner of Police in Calcutta or the District Magistrate elsewhere.(3)Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under sub-section (1) shall be cognizable.(4)Without prejudice to the foregoing provisions of this section, it shall also be competent for any prescribed authority to deal with the said offences otherwise than under the said provisions and to award one or more of such punishments as may be prescribed.[* * * * *] [[Section 13A first inserted by W.B. Act 7 of 1976, w.e.f. 29.3.1976, then Omitted by W.B. Act 16 of 1984, which was as under :-'13A. Restrictions respecting right to form association, freedom of speech,etc.- (1) No officer or subordinate other rank referred to in section 6 or volunteer of the Force shall without the express sanction of the State Government or of the authority prescribed in this behalf-(a)be a member of, or be associated in any way with, any trade union, labour union, political association, or with any class of trade unions, labour unions or political associations; or(b)be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the West Bengal National Volunteer Force of which he is an officer or a subordinate other rank referred to in section 6 or a volunteer of the Force or is not of a purely social, recreational or religious nature: or(c)communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in bonafide discharge of his duties or is of a purely literary, artistic or scientific character or is of such nature as may be prescribed.Explanation.-If any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (b), the decision of the State Government thereon shall be final.(2)No officer or subordinate other rank referred to in section 6 or volunteer shall participate in. or address, any meeting or take part in any demonstration organised by any body of persons for any political purposes or for such other purposes as may be prescribed.(3)Any person who contravenes the provisions of sub-sections (1) and (2) shall without prejudice to any other action that may be taken against him be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.'.]]
