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State of Bihar - Section

Section 5 in The Bihar Home Guards Rules, 1953

5. Procedure for appointment of [officers, men and women of the Home Guards] [Substituted by Notification No. L/H.G.-16-01/2017-5873, dated 30.6.2017] Force.

(1)The Inspector-General, the Commandant, the Officer Commanding, Training Camp, and the Battalion Commanders shall be appointed by the State Government.
(2)
(i)The Inspector-General shall, on the recommendation of a Committee constituted by the State Government appoint all non-Gazetted officers of the force of and above the rank of Jamadar, Company Commanders, namely, Camp Adjutants, Quarter-Masters, Subedars, Battalion Adjutants, Jamadars including District Company Commanders.
(ii)The Commandant shall, on the advice of a Committee constituted by the State Government, appoint all Jamadar head clerks and accountants.
(iii)The Commandant shall appoint all Havildar clerks, Writer Naiks, Naiks, L/Naiks and sepoys in the force.
(3)The Battalion Commanders shall appoint Platoon Commanders and Section Leaders ordinarily from amongst the Home Guards on the recommendation of the Company Commanders.
(4)
(i)Applications for enrolment as a Home Guard shall be made in Form A (in Hindi) to the District Magistrate of the district in which the applicant ordinarily resides or to the Commandant.
(ii)Home Guards shall be enrolled by the District Magistrate on the recommendation of-
(a)A District Committee in each district consisting of the Commandant or, in his absence, Battalion Commander, the District Magistrate and the Superintendent of Police of the district, and a non-official member nominated by the State Government. The District Magistrate shall be the Chairman of the Committee; or
(b)A State Committee consisting of the Commandant and such other members as the State Government may, by notification in the Official Gazette, appoint. The Chairman of this committee shall be nominated by the State Government.
(iii)After holding tests of the general knowledge, alertness, intelligence and physical fitness of the candidates (who make applications to the District Magistrate) under its supervision, the district committee shall interview all or such of the candidates as it thinks fit and recommend, in order of preference, to the District Magistrate such number of candidates as may be equal to fifty per cent more than the number of vacancies. The State Committee shall likewise interview all the candidates, who make applications to the commandant or such of them as it thinks fit, and recommend, in order of preference, any number of candidates it considers suitable to the District Magistrate of the district in which the candidate ordinarily resides.
(iv)After such verification of character and antecedents of the candidates recommended by the District Committee and the State Committee as may be necessary, the District Magistrate shall enroll the required number of Home Guards.
(v)The Home Guards will be enrolled before joining the training centre by the District Magistrate, or at the time of joining the training camp by the Officer Commanding,Training Centre, who shall obtain the approval of the District Magistrate of the district concerned within a month of such enrolment.
(vi)A Home Guard, who has been discharged from the Home Guards Force in accordance with Section 8 of the Act, may be enrolled for a fresh term of service in accordance with the provisions of the Act and these Rules.
(vii)Ex-Home Guards, who have a satisfactory record of service and volunteer for re-enrolment, may be re-enrolled by the District Magistrate on receipt of a proposal from the Superintendent of Police and after obtaining the declaration of the Ex-Home Guard concerned in the Form prescribed in the Second Schedule.
(viii)For the sake of maintenance of peace and tranquility and to develop in the volunteers a sense of civic responsibility, the Inspector-General of Home Guards may constitute from among the Home Guards of technical corps of the Home Guards force. The members of the technical corps of the Home Guards may be selected by the Commandant in consultation with such technical experts as the Inspector-General considers necessary and the recommendation will be sent to the District Magistrate of the districts concerned for appointment. The members of the technical corps may be required to enter into an agreement in Form G to serve in the Home Guards Force for a period of three years.
(5)Seniority shall be determined by rank, and as between persons of the same rank by the date of promotion or appointment to the rank and between person of the same rank some of whom may be promoted and others appointed direct on the same day, the promoted officer will ordinarily rank senior; but if the selection is made in consideration of merit by a Board or as a result of examination, they will rank inter se in the order in which their names appeared in the list of candidates selected.
(6)Certificates of appointment under sub-section (3) of Section 3 of the Act shall be issued under the seal and signature of the officer specified below against each class of officers and men:-
(i)Commandant, Officer Commanding, Training Camp and Battalion Commanders.-A Secretary or Additional Secretary or Joint Secretary to the State Government.
(ii)All Subedars and Jamadars including District Company Commanders.-Inspector-General.
(iii)Platoon Commanders and Section Leaders.-Battalion Commanders.
(iv)Other ranks.-District Magistrate.
(7)[ All provisions related to reservation issued by Government of Bihar will be applicable to the fresh nomination of Bihar Home Guards.] [Added by Bihar Notification No. L/H.G.-16-01/2017-5873, dated 30.6.2017 (w.e.f. 30.7.1953).]