The Assam Village Defence Organisation Act, 1966

• The 1st August 1965 No.LJL.13J66/6.- The following Act of the Assam-Le~{d'iative Assembly which received the assent of tl.e Governor is hereby published for general information. " ASSA1\of ACT XXII OF1966 [Received the assent ofthe Governor on the 29th July, 1966] ·THE ASSAM VILLAGE DEFE( CE ORGANISATION AOT, 1966 [Puhlished in theAssam Gazette Extra-ordinary, elated the 2nd August, 1906] . An Act to provide for the constitution ofan orgaalsattou for is"sisting the police in the maintenance of lawandorder and eel.taln other matters anciIlary cheeero, Preamble. Whereas it isexpedient to provide for the constitu- tion ofan organisation to be known as the "Assam Village Defence Organisation" for assisting the police in the maintenance of law and order, peace lind tranquillity in the State of Assam ; - 2 It is hereby enacted in the Seventeenth Year of the Republic of India as follows:- Short title, I. (I) This Act may be called the Assam Village extent and Defence Organis.uion Act, 1966. commence ment. (2) It shall extend to the whole 01 the State of Assam, (3) It hall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. Definitions, 2. In this Act, unlessthere is auyth.ng repugnant in the subject or context:- _(a, "Adult" meansa person who is not below the age of 13 years; (I» "Adviser" means the Honorary Chief Adviser or such other personswho may be appointed to act as advisers by the State Government; (c) "Advisory Committee" means a District Advisory Committe,', a Sub-divisional Advisory Committee, or a Thana Advi sory Committee constituted under the piovisions of this Act ; (d) "OhiefControiIer" means a Deputy Inspec tor General of Police appointed as a "ChiefController" by the State Govern ment ; (e) "District Village Defence Officer" means the Superintendent of Police of the districtconcerned, or where there is 110 Superintendent of Police, the 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 Organisation in accordance with the provisions of this Act ; (g) "Organisation" means the Assam Village Defence organisation constituted under this Act; th) "Prescribed" means prescribed by rules made under this Act; (i) "Subdivisional Village Defence Officer" means the Subdivisional Police Officer ofthe Subdivision concerned, or where there is no Subdivisional Police Officer, the Subdivisional Officer concerned, as the case may be ; (j) "Thana Village Defence Officer" means 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 the "Assam ViJIage Defence Villaze De- Organisation" and for that purpose enroll any adult fence"Orga- citizen ofIndia, whomayoffer himselfto be soenrolled nisation. by taking oath as a member of the Organisation, in the manner prescribed. "Duti,ts an:i 4. The following shall be the functions of the O~ga. t r h u e nct O ro r n g s an 0 i f - m•sau•on, name 1 y:- sation, (a) to assist the police in the maintenance of law and order, peace and tranquillityin the State of Assam; (b) to give information tothe police about the particulars of all persons suspected or accused of any cognisable offence or other anti-State acts, and about the commission ofsuch offences or acts, or about escaped convicts; (c) to prevent thecommission 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 the lion ofcPn• District Village Defence Officer may determine, there m~rttee~m- shall be a Primary Committee of the Organisation De- \ illage consisting ofsuch number of adult members of the f:nce Par- village or group ofvillages, 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 constitute as many parties as it may deem necessary, to be called Village Defence Parties, consisting of such number (If members of the Organisation and in such manner as may be prescribed. (3) Every Primary Committee shall have One Pre sident and one Secretary for each such Comrnittcc, and every Village Defence Party shallhave one Naik for each such Party, to be selected in the manner prescribed. ~o-:,'ers. 6. (1) The President or the Secretary of every DUlle~ and Primary Committee or the Naik of every' Village De Functionsof Primary fence Partyshall- Committee. and Village Defence Parlies. (a) forthwith communicate to the _Officer-in charge of the PoliceStation in which the village or zroup of villages is situated any information which he may possessor come to know in respect of:- (i) the residence or place of stay or hiding, permanent or temporary, of any notorious receiver or -vendor of stolen property and of any person who he knows or reasonably suspects to be a thug, robber, escaped convict or proclaimed offender in the villageor group ofvillages; (ii) thc commission of, or intention to commit in or near such village or group of villages <lny non-bailable or cognisable offence including murder, culpable homicide, rape, flacoity, robbery, theft, gambling, mischief by fire, grievous hurt, rioting, house-breaking, counterfeiting coins and kidnapping, or any anti-State act i • 5 o (iii) any matter likelyto affect the maintenance of law and order, peace and tranquillity, or the prevention ofcrime "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) Every Member of a Village Defence Party shall- (i) do social worksuch as construction of roads, clearing oftanks and ponds and other simi. lar welfare activities as may be directed by the Primary Committee; (ii) carry out such patrol and watch in the area as may be directed by the Primary Committee. (3) Every member shallhave the power to arrest any proclaimed offender or any person who in his view commits a non-bailable and cognisable offence. Any person soarrested shall without unnecessary delay be made over to a Police Officer, or in the absence of a Police Officer he shall be taken or caused to be taken in custody to the nearest Police Station. (4) The Primary Committees, the Village Defence Parties, the Presidents and Secretaries of the Primary Committees, the Naiks of Village DefenceParties and of the members shall have such other powers, duties and functions as may be prescribed. Officers 01 7. (I) The following shall be the officers of the the . OI~<I' organisation, namely:- DIlatIOn. (i) The Chief Controller, (ii) The District Village Defence Officer, (iii) The Subdivisional VillageDefence Officer, (iv) The Thana Village Defence Officer. (2) In addition to the powers and duties of the Officers as conferred by this Act, they shall have such other powers and duties as may be pre scribed. 6 Aiministra· 8. (I) The administration and control ofthe Village don ar.d Defence Organisation in the State shall be vested in control. Chief Controller. He may be advised byan Honorary ChiefAdviser appointed by the Government. .(2) The Thana Village Defence Officer, theSub divisional Village Pcfence Officer and the District Village Defence Officer shall be under the control at the Subdivisional Village Defence Officer, the District Village Defence Officer or the Chief Controller respec tively,as the case may be. They may be assisted by such advisers and by such Advisory Committees, if any, as may be appointed by the State Government. (3) The Primary Committees shall be under the control and administration of the Thana Village Defence Officer concerned. Advisory 9. (I) The State Government may appoint a District Committees. Advisory Cornrnitt ,a Subdivisional Advisory Com mittee and a Thana Advisory Committee or any of them to advise the District Village Defence Officer, the Subdivisional Village Defence Officer or the Thana Village Defence Officer respectively. (2lThe duties of the Advisory Committees ap pointed under the p eeeding sub-section shall be such as may be prescribed. Bar to Re- 10. 1'\0 member of the organisation shall be cntit muneration. led to any remuneration hut commendable services including welfare work done by any member may be suitablyrewarded as may be prescribed. Allowances II. The Adviser may be paid such allowances or or hon?l'aria honoraria as mlY be determined by State Government ofAdviser, from time to time. Arms and 12. A Village Defence Party may be provided with cquipmcnts, such arms and equipments as may be supplied by the State Governmentfrom time to time. Uniform 13 Every member of a Village Defence Partyshall and badge. while on patrol or watch duty, wear such uniform or badge as may be prescribed. Members 14. A member or an officer of the Organisation Act~IV of andOfficers acting in the discharge ofhis functions and dutiesor in 18~O. to bepublic the exercise of his powers under this Act or the rules sr.l'vants. ma d e thereun d ershall be d eemed to J1e a pu b lie ser- vant within the meaning of section 21 of the Indian Penal Code. Discharge 15. The Chief Controller or the District Village and rernov Defence OfIlccr may remove any member from the al, Organisation or fromthe Village Defence Party, asthe case may be, if the officer removing the member is of opinion that the member is remiss or negligent in the dischargeofhisdutiesor otherwise unfit for continuing as such member. I'cnalry. 16. Anymember cf a Village Defence Party who is guilty of any violation, wilful breach or neglectof any of the dutiesimposed by or under this Act, or refuses to obey or comply with any lawful ordermade by any competent authority under this 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. lIar to Pro- 17. No prosecution, suit or other legal proceeding secution, ere.shaJllic againstany member or officer of the Organisa tion in respect 01 anything done or purported to be done by him in exercise ofthe powers,dutiesand func tions, orin carrying out any lawful order made under this Act or ti,e rules made thereunderexcept with the previous sanction of the District Village Defence Officer or the Chief Controller. PII wer to 18. (.) The State Government may make rules for make rules. carrying Gut the purposesand objects ofthis Act. (2) In particular, and without prejudice to the generality ofthe foregoing power, such rulesmay provide for all or ~any of the following matters, namely:- (a) formation and constitution of the Village Defence Parties, Primary Committees and Advisory Committees; (b) selection cf Prosident and Secretary of Primary Committees band the Naiks of Village Defence Parties ; (c) demarcation jurisdiction of every Village ()f Defence Party and Primary Committee; (d) enrolment of members of the Organisation; (e),dulies andfunctions ofthe Officers, Advisory Committees, Primary Committees and ViIlage Defence Parties; ~f) maintenance of registers, reports and accounts of the Village Defence Parties, Primary Committees and other Offices of the Organisation , 8 o (g) allotment of funds and other equipments for each Village Defence Party or Primary c Committee; (h) supply of badges, signals and uniforms; (i) prescribe the forms of oath for ~the memo bers of the Village Defence Parties and othermcmbers ; 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 LegislativeAssembly while it is in session for a total period offourteen days which may be compri sed in one session or in two successive sessions, and if, before the expiry of the session in which it isso laid or the session immediately following the Assam Legislative Assembly agree in making any modifica tion in the rule or the Assam Legislative Assernbly 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 prejudiceto the validity of anything previously done under that rule. B. SARMA. Secy. to the Government of Assam. Law Department.