MADRAS HOME
GUARDS ACT, 1948 THE MADRAS HOME GUARDS ACT, 1948 [Act No. 01 of 1948][1] [24th February, 1948] An Act to provide for the constitution of Home Guards in the
Province of Madras. Whereas it is necessary to
constitute a volunteer organization for use in emergencies in the Province of
Madras; It is hereby enacted as follows:--- (1)
This Act may be called the Madras Home Guards Act, 1948. (2)
It extends to the whole of the[2][State]of
Madras. (3) (a) This
section shall come into force at once in the whole of theThis word was
substituted for the word "Province " by the Adaptation Order of 1950. [State]. (b) The rest of this Act
shall come into force at once in the Presidency-town and the districts of[3][
] North Arcot, Chingleput, Salem,[4][and
Coimbatore.]
Preamble - THE MADRAS HOME GUARDS ACT, 1948PREAMBLE
(c) The[5][State]
Government may, by notification in the Fort St. George Gazette, extend the rest
of this Act to any other area in theThis
word was substituted for the word "Province " by the Adaptation Order
of 1950. [State] with effect from such date as may be specified in the
notification.
Section 2 - Definitions
In this Act, unless there
is anything repugnant in the subject or context--
(a)
"Home Guard" means a person, who is appointed as a Home
Guard under this Act;
(b)
''prescribed" means prescribed by rules made under this Act.
Section 3 - Constitution of Home Guards and appointment of officers
(1)
The[6][State] Government may constitute
for each of the areas specified in section 1 (3)(b), and for each of the other
areas notified under section 1(3)(c), a volunteer body called the "Home
Guards", every member of which shall have such powers and discharge such
duties in relation to the protection of persons, the security of property, and
the preservation of public order or tranquility as may be assigned to him by or
under this Act.
(2)
The [7][State]
Government or any person empowered by them in this behalf may appoint as many
officers as the [8][State]
Government may consider necessary for the proper governance and conduct of the
Home Guards; one of the officers so appointed may be a Commandant for all the
Home Guards of the [9][State].
Section 4 - Appointment and removal of Home Guards
(1)
Subject to the provisions of this Act and the rules made
thereunder, any person possessing the prescribed qualifications and willing to
serve may be appointed as a Home Guard by such authority and in such manner as
may be prescribed.
(2)
Every Home Guard shall receive a certificate of appointment which
shall be in such form and shall be issued by such authority as may be
prescribed and thereupon he shall have the powers, privileges and protection
conferred, and discharge the duties imposed, on a Home Guard by or under this
Act.
(3)
The prescribed authority may, subject to such conditions as may be
prescribed, suspend, dismiss or remove any Home Guard from his office; and
thereupon the certificate received by him shall cease to have effect.
Section 5 - Period of service and discharge
A Home Guard shall be bound
to serve the [10][State]
Government for such period and in such areas as may be prescribed, but he may
be discharged at any time by such authority and subject to such conditions as
may be prescribed.
Section 6 - Calling out of Home Guards
The Commissioner of Police
in the Presidency-town, and the District Superintendent of Police concerned
elsewhere, may at any time call out, in such manner and through such officer as
may be prescribed, any Home Guard for the Presidency-town or district, as the
case may be, for training or to discharge any duties assigned to him by or
under this Act.
Section 7 - Powers privileges and protection of Home Guards
(1)
A Home Guard, when called out under section 6, shall have the same
powers, privileges and protection as an officer of the Police appointed under
the Madras City Police Act, 1888 (Madras Act III of 1888), or the Madras
District Police Act, 1859 (Central Act XXIV of 1859), as the case may be.
(2)
No prosecution shall be instituted against a Home Guard in respect
of any act done or purporting to be done in the exercise of his powers or the
discharge of his duties as such, except with the previous sanction of the
Commissioner of Police in the Presidency-town and of the District
Superintendent of Police concerned elsewhere.
Section 8 - Control by officers of police force
A Home Guard when called
out under section 6 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
proscribed.
Section 9 - Penalties
(1)
If any Homo Guard, without sufficient cause, neglects or refuses
to obey the orders of any superior authority or officer or fails to discharge
any other duty or deserts his post, or is guilty of any wilful breach or
neglect of any provision of this Act or of any rule or lawful order made or
issued thereunder by a competent authority, he shall 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.
(2)
No prosecution shall be instituted against any Home Guard for any
offence punishable under sub-section (1), without the previous sanction of an
officer empowered by the [11][State]
Government in this behalf.
(3)
An offence punishable under sub-section (1) shall be cognizable.
Section 10 - Rules
(1)
The[12][State] Government may, by
notification in the Fort St. George Gazette, make rules consistent with this
Act for giving effect to the purposes thereof.
(2)
In particular and without prejudice to the generality of the
foregoing power, such rules may provide for or regulate the following matters,
namely:--
(a)
all matters required or allowed by this Act to be prescribed;
(b)
the exercise by any police officer or any officer of the Home
Guards of the powers conferred by section 6 on the Commissioner of Police, or
the District Superintendent of Police concerned, as the case may be;
(c)
the exercise of control by officers of the police force over Home
Guards when acting in aid of the police force;
(d)
the organization, appointment, discipline, training, arms,
accoutrements and clothing, conditions of service, powers, and duties of Home
Guards;
(e)
the exercise by Home Guards of any of the powers exercisable under
section 7, sub-section (1).
Section 11 - Home Guards to be public servants
Home Guards acting in the
exercise of their powers or the discharge of their duties under this Act shall
be deemed to be public servants within the meaning of section 21 of the Indian
Penal Code (Central Act XLV of 1860).
[1]
For
Statement of Objects and Reasons, see Fort St. George Gazette, Part IV-A
Extraordinary, dated 19th January 1948, page 46.
This Act was extended to
the merged State of Pudukkottai by section 3 of, and the First Schedule to, the
Madras Merged States (Laws) Act, 1949 (Madras Act XXXV of 1949).
[2] This word was substituted for the word "Province
" by the Adaptation Order of 1950.
[3] ?The words
"East Godavari, West Godavari, Krishna, Guntur, Kurnool, Bellary,
Anantapur, Cuddappah, Nellore " were omitted by clause 3 of, and the
Schedule to, the Madras Adaptation of Laws Order, 1954.
[4] These words were substituted for the words " Coimbatore,
Malabar and South Kanara" by clause 3 of, and the Schedule to, the Madras
Adaptation Of Laws Order, 1957.
[5] This word was substituted for the word
"Provincial" by the Adaptation Order of 1950.
[6] This word was substituted for the word "
Provincial" by the Adaptation Order of 1950.
[7] This word was substituted for the word "
Provincial" by the Adaptation Order of 1950.
[8] This word was substituted for the word "
Provincial" by the Adaptation Order of 1950.
[9] This word was substituted for the word " Province
" by ibid.
[10] This word
was substituted for the word " Provincial" by the Adaptation Order of
1950.
[11] This word
was substituted for the word " Provincial " by the Adaptation Order
of 1950.
[12] This word
was substituted for the word " Provincial " by the Adaptation Order
of 1950.