The Assam Village Defence Organisation Act, 1966

" • T he 1st August 1965 No.LJL.13J66/6.- T he following Ac t of th e Assam -Le~{d'ia tive Assembly which rec eived the assent of tl .e Go vern or is hereby publ ished for genera l in formation. ASSA1\of AC T XXII O F 1966 [R eceived the assent of the Governor on the 29th July, 1966] ·T H E ASSAM VILLAGE DEFE( CE ORGANISATION AOT , 1966 [Puhlished in th e Assam Gazette Extra-ord inar y, ela ted the 2nd August, 1906] . An Ac t t o p rovide for the constitution of an orgaalsattou for i s"sisting the police in t h e maintenance of law and order a n d eel.t a ln other matters anciIlary cheeero , Preamble. Wh ereas it is expedie n t to pr ovid e for the const it u- tion of an organisation to be know n as the "Assam Village Defence Organisation" for assisting th e police in th e main tenance of law and orde r, peace lind tranquillity in the State of Assam ; - Short title, e xten t and commence­ ment . 2 It is hereby ena cted in th e Seventeenth Year of the Republic of India as follows:- I. ( I) T his Act may be called the Assam Village Defence Organis.u ion Ac t , 1966. (2 ) It sha ll extend to the whole 01 the State of Assam , (3) I t hall come into force on such date as the State Government may, by notification in th e Official Gazette, appoint. Definitions, 2. In this Act , un less there is auyt h .ng repugnant in the subj ect or context :- _(a, "Adult " means a person who is no t below the age of 13 years; (I» (c) (d) (e) "Adviser" me an s the Honorary Chief Adviser or such other persons who may be appointed to act as advisers by the State Govern ment; " Advisory Committee" means a District Advisory Committe,' , a Sub-d ivisional Advisory Committee, or a Thana Advi­ sory Co mmittee constitut ed un der the pi ovisions of this Act ; "Ohief ControiIer" means a Deputy Inspec­ tor General of Police a ppointed as a "Chief Controller" by the State Govern­ ment ; " District Village Defence O fficer" means the Superintendent of Police of th e district concerned, or where th ere is 110 Superin tendent of Police, th e Deputy Commissioner of the District, as the case may be ; 3 (f) "Member" means a person enrolled as a member of the Assam Village Defence O rganisation in accordance wit h the provisions of this Act ; (g) "Organisation" means the Assa m Village Defence organisat ion constitute d un der th is Act; th) "Prescribed" means prescribed by rules mad e under thi s Act; (i) "Subdivisional Village Defence Officer " means the Subdivisional Police Officer of the Subdivision concerned , or wh ere there is no Subdivisional Police Officer, the Subdivisional Officer conce rned, as the case may be ; (j ) "Tha na Village Defence Officer" me ans the Sub-Inspector of Police in-charge of a Thana. ~onstitu- 3. The State Government may constitute an Orga- ~osns ~fmthe nisation to be known as th e " Assam ViJIage Defence Vil laze De- Organisation" and for tha t purpose enr oll any ad ult fence" Orga- citizen of India, who may offer himsel f to be so enrolled nisation. by taking oath as a member of the O rganisation, in the manner prescribed. "Duti,ts an:i f 4 . The following shall be the functions of the O~ga. run ctrons 0 • • 1 the Organi- msauon , name y :- sation, (a) to assist the police in the maintena nce of law and order, peace a nd tranquillity in the State of Assam; (b) to gi ve info rmation to the police about the par ticulars of all p ersons suspected or accused of any cognisable offence or other anti-State ac ts, a nd about the commission of such offences or acts, or about escaped convicts; (c) to pr event th e commission of any cognis .ible offence; (d) to protect Government and other pu ~ lie properties ; (e) to do other social work • 4 . Constitu - 5. (1) For every village or group of villages, as th e lion ofcPn • District Villag e Defence O fficer may determine, there m~rttee~m- shall be a Primary Committee of th e Organisation \ illage De- consisting of such number of adul t members of the f:nce Par- village or group of villages, as may be prescribed. ties, Selec- tion of Pre- sident and ~c:crelary of Primary Committees and Naiks of Village Defence Panic•. (2) Every Primary Committee may consti tute as man y par ties as it may deem necessary, to b e called Vill age D efence Parties, consisting of such nu mb er (If members of th e O rganisa tion a nd in such manner as may be prescribed. (3) Every Primary Comm ittee sha ll ha ve One Pre­ sident and one Secretary for each such Comrnittc c, and every Village Defence Par ty sh all have one Naik for each such Party, to be selected in the manner p rescrib ed. ~o-:,'ers. 6. (1) T he President o r the Secretary of every DUlle~ and Primary Committee or th e Naik of eve ry' Village De­ F unctions of Primary fence Party shall- Co mmittee. a nd Village Defence Parlies. (a) forthwith comm unica te to the _O fficer-in­ charge of the Police Station in which the village or zroup of villages is situated any information which he may possess or com e to know in respect of :- (i) th e residence or place of stay or hid ing , permanent or temporary, of any notorious rece iver or -vendor of stolen pr oper ty and of any person who he knows or reasona bly suspects to be a thug, robber, escaped convict or proclaimed offender in the village or gro up of villages; (ii) th c commission of, or intention to commit in or near such village or group of villages <l ny no n-bailabl e or cognisable offence includi ng murde r, culpable homicide, rape, flacoity, robbery, theft, gambling, mischief by fire, grievous hu r t, rioting, house-breaking, cou nterfeiting coins a nd kidnapping, or any anti-State act i • o 5 (iii) any matter likely to affe ct the maintenance of law and order , pea ce and tranquillity, or the prevention of cri me "01' the safety of life and property ; - (iv) Unnatural deaths; (b) to the best of his ability prevent, and may for that purpose interpose, the . commis­ sion of any offence or violation of lawful orders in force; protect Government and other public properties whenever he is required to do so by the District Village Defence Officer and the Subdivisional Village Defence Officer, as the case may be. (2) Ever y M ember of a Village Defence Party shall- (i) do soc ia l work such as construction of roads, clearing of tanks and ponds and other simi. lar welfare activities as may be directed by the Primary Committee; (ii) carr y out such patrol and watch in the area as may be directed by the Primary Committee. (3) Every member shall have the power to arrest any proclaimed offender or any per son who in his view commits a n on-bailable and cognisable offence. Any person so arrested shall without unnecessary delay be made over to a Police Officer , or in the absence of a Police O fficer he shall be taken or caused to be tak en in cus tody to the nearest Police Sta tion . (4) The Primary Committees, th e Village Defence Parties, the Presidents and Secretaries of the Primary Committees, the Naiks of Village Defence Parties and of the m embers shall have such other powers, duties and funct ions as may be prescribed. Officers 01 7. (I) The following shall be the officers of th e the . OI~<I' organisation, namely :- DI lat IOn . (i) The Chief Controller, (ii) The District Village Defence Officer, (iii) The Subdivisional Village Defence Officer, (iv) The Thana Village Defence Officer. (2) In add ition to the powers and dut ies of the Officers as confer red by this Act, they shall have such oth er powers and duties as may be pre­ scrib ed . Aiministra · d on ar.d control . 6 8. (I) The administ ration and control of the Vill age Defence Organisation in the State shall be vested in Chief Controller . He may be advised by an H onorary Chief Adviser appoin ted by the Governm en t. . (2) The T hana Village Defence Officer, the Sub­ divisio nal Village Pcfence Offi ce r an d t he Distric t Village Defence O fficer shall b e under t h e control at the Su bdivisional Village Defence O fficer, the Distric t Village Defence Offi cer or the C hief Controller respe c­ tively, as the case m ay be. They may be assisted by such advisers and b y such Advisor y Committees, if any, as m ay be appointed by the State G overnment. (3) T h e Primary Committees shall be under the control and adminis tra tion of th e Thana V illage D efence Officer concerned . Advisory 9. (I) The Sta te Government may appoi nt a Di strict Committee s. Advisor y Cornrnitt ,a Su bdivisiona l Ad visory Com­ mittee a nd a T hana Ad visor y Co mmi ttee or any of them to a dvi se the D istrict Village D efence O fficer, the Subd ivisional Village Defence O fficer or the Thana Village Defence O ffic er respectively. (2l T he du ties o f the Advisor y Committees ap­ pointed unde r the p eee di ng sub-section shall be such as may be prescri bed . Bar to Re- 10. 1'\0 me m be r of the org a n isation sha ll be cnt it­ muneration. led to any remuneration h ut commen dable ser vices including wel far e work done by a ny m em ber may be suitab ly rewarded as may b e prescribed . Allowances II. The Adviser may be p aid such a llowances or or hon?l'aria honoraria as m lY be determined by State Government of Adviser , from time to time . Arms and 12. A Village Defence Party may be p rov ided w ith cquipmcnt s, such arms and equipments as may be supplied b y the State Government fro m time to time. Uniform 13 Every member of a Village Defen ce Part y sha ll and badge. while on patrol o r watch duty, wea r such unifor m or badge as may be prescribed. Members 14. A member or an officer o f the Organisation Act ~IV of and Officers act ing in the di scharge of h is funct ions a nd duties or in 18 ~O. to be publ ic the exercise of his powers under this Ac t or the rules sr.l'vants. d d d J bma e thereun er sh all b e ee med to 1e a pu lie ser - vant within the meaning of sectio n 21 of th e I ndian Penal Code. Discharge and rernov­ al, I'cnalr y. 15. The Chief Controller or the District Village Defence OfIlccr may remove any member from the Organisation or from the Village Defence Party, as the case may be, if the officer removing the member is of opinion that the member is remiss or negligent in the discha rg e of his duties or otherwise unfit for continuing as suc h member. 16. Any member cf a Vill age Defence Party who is guilty of a ny viola t ion, wil ful breach or neglect of any of the duties imposed by or under this Act, or refuses to obey or comply with any lawful order made by any competent authority under th is Act or the rules made thereunder, shall on conviction in a court of law be punishable with a fine whi -h may extend to rupees fifty. lIa r to Pro- 17. No prosecution, suit or other legal proceeding secut ion, ere . shaJl lic against any member or officer of the Organisa­ tion in respect 01 anything done or purported to be done by him in exercise of th e powers, duties and func­ tions, or in carrying out any lawful order made under this Act or t i,e rules made thereunder except with the previous sanction of the District Village Defence O ffice r or the Chief Controller. P II we r to 18. ( .) The State Government may make rules for m ake rules. carrying Gut the purpos es and objects of this Act. (2) In pa rticular, and without prejudice to the generality of the foregoing power, such rules may provide for all or ~any of the following matters, namely:- (a) formation and constitution of th e Village Defence Parties, Primary Committees and Advisory Committees; (b) selec tion cf Pro sident and Secretary of Primary Committees band the Naiks of Village Defence Parties ; (c) demarcation () f jurisdiction of every Village Defen ce Par ty and Primary Committee; (d) enrolme nt of members of the Organisation; (e),d u lies an d functions of the Officers, Advisory Co mmittees, Primary Committees and ViIlage Defence Parties; ~ f ) maintenance of regi sters, reports and accounts of the Village Defence Parties, Primary Committees and other Offices of the Organisation , 8 (g) allotment of funds and other equipments for each Villa ge Defence Party or Primary Committee; (h) supply of badges, signals and uniforms; (i) prescribe the forms of oath for ~the memo bers of the Village Defence Parties and other mcm bers ; and (j) any other matter. (3) Every rule made under this section shall be laid as won as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be compri­ sed in one session or in two successive sessions, and if, before the expiry of th e session in which it is so laid or the session immediately followin g the Assam Legislative Assembly agree in making any modifica­ tion in the rule or the Assam Legislative Assern bly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be .of no effect, as the case may be ; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. B. SARMA. Secy. to the Government of Assam. Law D epartment. o c