GUJARAT HOME GUARDS ACT, 1947 THE GUJARAT HOME
GUARDS ACT, 1947 [Act, No. 3 of 1947][1]
Preamble 1 - GUJARAT HOME GUARDS ACT,
1947
[22nd March, 1947 ]
PREAMBLE
An Act to provide for
the constitution of Home Guards
WHEREAS it is expedient to provide a volunteer
organisation for use in emergencies and for other purposes in the[2][
State of Bombay ]; It is hereby enacted as follows :--
Section 1 - Short title, extent and commencement
(1)
This
Act may be called the [3][Bombay] Home Guards Act, 1947.
[4][(2) It extends to the whole of the [5][State of Gujarat].
(3) ??It
shall come into force at once in the area of Greater Bombay and the area
comprising limits of the municipal borough and the cantonment of
Ahmedabad [6][ With effect from the date of commencement of the
Bombay Home Guards ( Extension and Amendment ) Act, 1958 (Bombay LXXV of 1958.
C.P. and berar XV of 1947), it shall come into force in the whole of the
Saurashtra area of the [7][State of Bombay] and those areas of the Vidarbha
region in which the Central Provinces and Berar Home Guards Act, 1947 was
immediately before such date, in force ]. The[8] [ State ] Government may by notification in the
Official Gazette direct that it shall come into force in any other area [9][in the State of Gujarat] on such date as may be
specified in such notification.
Section 2 - Construction of Home Guards and appointment of Commande General and Commandant
2. Construction of Home Guards and appointment
of [10][Commandant
General and Commandant]
(1) The [11][State]
Government shall constitute for each of the areas specified in sub-section (3)
of section 1 and for each of the areas notified under the said sub-section (3)
a volunteer body called the Home Guards, the members of which shall discharge
such functions [12][and
duties] in relation to the protection of persons, [13][the
security of property, the public safety and the maintenance of essential
Services] as may be assigned to them in accordance with the provisions of this
Act and the rules made thereunder.
[14][(1A) In respect of the Saurashtra area and the
Vidarbha region, the Home Guards raised or constituted, immediately before the
commencement of the Bombay Home Guards (Extension and Amendment) Act, 1958
(Bom. LXXV of 1958), shall be deemed to be constituted under sub-section (1)].
(2) The [15][State]
Government shall appoint a Commandant of each of the Home Guards constituted
under sub-section (1).
[16][(3) The State Government shall also appoint a
Commandant General of the Home Guards in whom shall vest the general
supervision and control of the Home Guards throughout the [17][State
of Gujarat].]
Section 3 - Appointments of members
[18][3. Appointments of members
(1) Subject to the approval of the Commandant General,
the Commandant may appoint as members of the Home Guards such number of
persons, who are fit and willing to serve, as may from time to time be
determined by the State Government, and may appoint any such member to any
office of command in the Home Guards.
(2) Notwithstanding anything contained in sub-section
(1) the Commandant General may, subject to the approval of the State
Government, appoint any such member to any post under his immediate control.]
[19][(3) Every person who immediately before the
commencement of the Bombay Home Guards ( Extension and Amendment ) Act, 1958
(Bom. LXXV of 1958) was a member of the Home Guards raised or constituted under
the Central Provinces and Berar Home Guards Act, 1947 (C.P. and Berar XV of
1947), or the State of Saurashtra Home Guards-Ordinance, 1948 (Sau. Ord. XVII
of 1948), shall be deemed to be appointed under this section and the
certificate of appointment and uniform issued to him shall be valid
accordingly.]
Section 4 - Functions and duties of members
[20][4. Functions and duties of members
(1) The Commandant may at any time call out a member of
the Home Guards for training or to discharge any of the functions or duties
assigned to the Home Guards in accordance with the provisions of this Act and
the rules made thereunder.
(2) The Commandant General may in an emergency call out
a member of the Home Guards for training or to discharge any of the said
functions or duties in any part of the [21][State
of Gujarat.]]
Section 5 - Powers, protection and control
(1) A member of the Home Guards when called out under
section 4 shall have the same powers, privileges and protection as an officer
of police appointed under any Act for the time being in force.
(2) No prosecution shall be instituted against a member
of the Home Guards in respect of anything done or purporting to be done by him
in the discharge of this functions[22]
[or duties] as such member except with the previous sanction of the
Commissioner of Police[23]
[in any area for which a Commissioner of Police has been appointed] and of the
District Magistrate, elsewhere.
Section 6 - Control by officers of Police force
The
members of the Home Guards when called out under section 4 in aid of the police
force shall be under the control of the officers of the police force in such
manner and to such extent as may be presented by rules made under section 8.
Section 6A - Certificate, arms, etc., to be delivered up by person ceasing to be member
[24][6A. Certificate, arms, etc., to be delivered up by
person ceasing to be member
(1) Every person who for any reason ceases to be a
member of the Home Guards shall forth with deliver upto the Commandant or to
such person and at such place as the Commandant may direct, his certificate of
appointment or of office and the arms, accoutrements, clothing and other
necessaries which have been furnished to him as such member.
(2) Any Magistrate, and for special reasons which shall
be recorded in writing at the time, any police officer not below the rank of a
Deputy Commissioner for Police [25][in
any area for which a Commissioner of Police has been appointed] and Assistant
or Deputy Superintendent of Police elsewhere, may issue a warrant to search for
and seize, wherever they may be found, any certificate, arms, accoutrements,
clothing or other necessaries not so delivered up. Every warrant so issued
shall be executed in accordance with the provisions of the Code of Criminal
Procedure, 1898,[v of 1989] by a police officer of if the Magistrate or the
police officer issuing the warrant so directs by any other person.
(3) Nothing in this section shall be deemed to apply to
any article which under the orders of the Commandant General has become the
property of the person to whom the same was furnished.
Section 6B - Punishment of members for neglect of duty, etc.
(1) The Commandant shall have the authority to suspend,
reduce or dismiss or fine, to an amount not exceeding fifty rupees, any member
of the Home Guards, under his control, if such member, without reasonable
cause, on being called out under section 4 neglects or refuses to obey such
order or to discharge his functions and duties as a member of Home Guards or to
obey any lawful order or direction given to him for the performance of his
functions and duties or is guilty of any breach of discipline or misconduct.[26]
[The Commandant shall also have the authority to dismiss any member of the Home
Guards on the ground of conduct which has led to his conviction on a criminal
charge.] The Commandant General shall have the like authority in respect of any
member of the Home Guards appointed to a post under his immediate control.
[27][(1A) Notwithstanding anything contained in this
Act, the Commandant shall have the authority to discharge any member of the
Home Guards at any time subject to such conditions as may be prescribed if, in
the opinion of the Commandant, the services of such members are no longer
required. The Commandant General shall have the like authority in respect of
any member of the Home Guards appointed to a post under his immediate control.]
(2) When the Commandant General or the Commandant
passes an order for suspending, reducing, dismissing or fining any member of
the Home Guards under sub-section (1), he shall record such order or cause the
same to be recorded, together with the reasons therefore and a note of the
inquiry made, in writing, and no such order shall be passed by the Commandant
General or the Commandant unless the person concerned is given an opportunity
to be heard in his defence.
(3) Any member of the Home Guards aggrieved by an order
of the Commandant may appeal against such order to the Commandant General and
any such member aggrieved by an order of the Commandant General may appeal
against such order to the State Government, within thirty days of the date on
which he was served with notice of such order. The Commandant General or the
State Government, as the case may be, may pass such order as he or it thinks
fit.
(4) The Commandant General or the State Government may
at any time call for and examine the record of any order passed by the
Commandant or Commandant General, respectively, under sub-section (1)[28]
[or (1A)] for the purpose of satisfying himself or itself as to the legality or
propriety of such order passed by the Commandant or the Commandant General, as
the case may be, and may pass such order with reference thereto as he or it
thinks fit.
(5) Every order if no appeal is made therefrom as
hereinbefore provided and every order passed in appeal or revision under this
section shall be final.
(6) Any fine imposed under this section may be
recovered in the manner provided by the Code of Criminal Procedure, 1898 (V of
1898), for the recovery of fines imposed by a Court as if such fine were
imposed by a Court.
(7) Any punishment inflicted on a member of the Home
Guards under this section shall be in addition to the penalty to which such
member is liable under section 7 or any other law for the time being in force.]
Section 7 - Penalty
(1) If any member of the Home Guards, on being called
out under section 4, without[29]
[reasonable excuse], neglects or refuses to obey such order, or to discharge
his functions as a member of the Home Guards, or to obey any lawful order or
direction given to him for the performance of his duties, he shall, on
conviction, 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.
[30][(1A) If any member of the Home Guards wilfully
neglects or refuse to deliver up his certificate of appointment or of office or
any other article, in accordance with the provisions of sub-section (1) of
section 6A, he shall, on conviction, be punished with imprisonment for a term
which may extend to one month or with fine which may extend to one hundred
rupees or with both.]
(2) No proceedings shall be instituted under
sub-section (1)[31] [or (1A)] without the
previous sanction of the Commandant.
(3) A police officer may arrest without warrant any
person who commits an offence punishable under sub-section (1)[32]
[ or (1A) ].
Section 8 - Rules
The[33]
[ State ] Government may make rules consistent with this Act,
[34][(a) providing for the exercise by any officer of
the Home Guards of the powers conferred by section 4 on the Commandant and the
Commandant General; ]
(b) ???providing
for the exercise of control by officers of the police force over members of the
Home Guards when acting in aid of the police force;
(c) ???regulating
the organisation, appointment, conditions of service, functions, discipline,
arms, accoutrements and clothing of members of the Home Guards and the manner
in which they may be called out for service ;
(d)?? ?regulating the exercise by members of the Home
Guard of any of the powers exercisable under section 5 of this Act;
(e) ???generally
for giving effect to the provisions of this Act.
Section 9 - Members of Home Guards to be public servants
Members
of the Home Guards acting under this Act shall be deemed to be public servants
within the meaning of section 21 of the Indian Penal Code [XLV of 1860].
Section 9A - Home Guards not disqualified from contesting elections to the State Legislature or local bodies
[35][9A. Home Guards not disqualified from contesting
elections to the State Legislature or local bodies
(1) A member of the Home Guards shall not be
disqualified for being chosen as, and for being, a member of the[36][Gujarat
Legislative Assembly] merely by reason of the fact that he is a member of the
Home Guards.
(2) Notwithstanding anything contained to the contrary
in any other law for the time being in force, a member of the Home Guards shall
not be disqualified for being, a member of any local authority merely by reason
of the fact that he is a member of the Home Guards].
Section 10 - Repeal and saving
The
Bombay Home Guards Ordinance, 1946 (Bom. Ordinance No. 1 of 1946), [Bombay
Ordinance No. 1 of 1946] is hereby repealed:
Provided
that the Home Guards constituted under the said Ordinance shall be deemed to be
constituted under this Act; and all appointments and rules made under the said
Ordinance and in force immediately before the coming into operation of this Act
shall continue in force and be deemed to be made in pursuance of this Act.
[1] For
Statement of Objects and Reasons, see Bombay Government Gazette, 1947, Pt. V,
page 25; or proceedings in Assembly, see Bombay Legislative Assembly Debates,
1947, Vol. X : and for proceedings in Council, see Bombay Legislative Council
Debates, 1947, Vol. XII.
[2] These words were
substituted for the words "Province of Bombay" by Bombay 75 of 1958,
section 3.
[3] Substituted by
the Gujarat short title (Amendment) Act, 2011 w.e.f. 01.05.1960 for the
following : - "Bombay"
[4] This sub-section
was substituted for the original, by Bombay 75 of 1958, section 4 (1).
[5] These words were
substituted for the words "State of Bombay" by the Gujarat Adaptation
of Laws (State and Concurrent Subjects) Order, 1960.
[6] This portion was
inserted by Bombay 75 of 1958, section 4(2).
[7] These words
stand unmodified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
[8] This word
was substituted for the word "Provincial" by the Adaptation of Laws
Order, 1950.
[9] These
words were inserted by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
[10] These words were
inserted by Bombay 11 of 1950, section2(i).
[11] This word
was substituted for the word "Provincial" by the Adaptation of Laws
Order, 1950.
[12] These words were
inserted by Bombay 11 of 1950, section2(i).
[13] These words were
substituted for the words ''the security of property and the public
safety" by Guj. 23 of 1980, section2.
[14] This sub-section
was inserted by Bombay 75 of 1958, section5 (1).
[15] This word
was substituted for the word "Provincial" by the Adaptation of Laws
Order, 1950.
[16] This sub-section
was inserted by Bombay 11 of 1950, section 2 (2).
[17] These words were
substituted for the words "State of Bombay" by the Gujarat,
Adaptation of Laws (State and Concurrent Subjects) Order, 1950.
[18] Section 3 was
substituted for the original, by Bombay 11 of 1950, section 3.
[19] This sub-section
was added by Bombay 75 of 1958 section 6.
[20] Section 4 was
substituted for the original by Bombay 11 of 1950, section 4.
[21] This sub-section
was inserted by Bombay 11 of 1950, section 2 (2).
[22] These words were
inserted by Bombay 11 of 1950 section 5.
[23] These words were
substituted for the words "in Greater Bombay" by the Gujarat
Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
[24] Sections 6A were
inserted by Bombay 11 of 1950,section 6.
[25] These words were
substituted for the words "in Greater Bombay" by the Gujarat
Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.
[26] These words were
inserted by Bombay 4 of 1954, section 2(i).
[27] Sub-section (1A)
was inserted by Bombay 4 of 1954, section 2 (ii).
[28] The word,
brackets, figure and letter were inserted, Bombay 4 of 1954 , section 2 (iii).
[29] These words were
substuited for the words "sufficient excuse" by Bombay 11 of 1950,
section 7(1).
[30] Sub-section (1A)
was inserted, by Bombay 11 of 1950, section 7 (2).
[31] The word,
brackets, figure and letter "or (1A)" were inserted, by Bombay 11 of
1950, section 7(3).
[32] The word,
brackets, figure and letter "or (1A)" were added, by Bombay 11 of
1950, section 7 (4).
[33] This word was
substituted for the word "Provincial" by the Adeptation of Laws Order
1950.
[35] Section 9A was
inserted, Bom. 11 of 1950, section 9.
[36] These word were
substituted for the words "Bombay Legislative Assembly or the Bombay
Legislative Council" by the Gujrat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.