The ARUNACHAL PRADESH HOME GUARDS ACT, 2006

Short title,
extent and
commence-
ment.
184
THE ARUNACHAL PRADESH HOME GUARDS
ACT, 2006
(ACT NO. 12OF 2006)
(Received the assent ol the Governor on 6th
December, 2OOO)
AN
ACT
to provide for constitution of a volunteer organization
for use in emergencies and forthe incidental purposes
'in the State of Arunachal Pradesh:
WHEREAS itwas expedientto provide a volunteer
organization for use in emergencies and forthe lncidental
purposes in the state ;
AND WHEREAS, il was considered necessary to
immediately make a law Ior the same ;
AND WHEREAS the Arunachal Pradesh Legislative
Assembly was nol in session ;
AND WHEREAS the Governor ol Arunachal
Pradesh was salisfied that circumstances existed which
rendered it necessary for him to lake immediale action
to make law for the purposes aforesaid and thererore,
promulgated the Arunachal Pradesh Home Guards
Ordinance, 2006 on 31st July, 2006 ;
(3) lt shall be deemed to have come into lorce on
31st July, 2006.
AND WHEREAS it is expedient to replace the said
Ordinance by an Act of the State Legislature and it is
hereby enacted in the Fitty-seventh Year of the Republic
of lndia as follows :-
1. (1) This Act may be called the Arunachal
Pradesh Home GuardsAct, 2006.
(2) lt extends to the whole of the State of Arunachal
Pradesh.
185
2. (1) The Governor ol Arunachal Pradesh shall
constitute forthe State olArunachal Pradesh a volunteer
body called the Home Guards, the members oI which
shall discharge such lunctions and duties in relation
to the protection o,f persons, the security of property
and the public safety as may be assigned to them in
accordance with the provisions of thisActand the
Bules made there under.
Provided that the Governor of Arunachal Pradesh
may, by notificalion in the Official Gazette, divide the
State of Arunachal Pradesh into two or more areas and
constitute such a volunteer body for each such area.
(2) The Director General of Police shall be the ex-
off icio Commandant General of the Home Guards in
whom shall vest the qeneral supervision and control ol
lhe Home Guards throughout the State ol Aruhachal
Pradesh. However, the Governor of Arunachal Pradesh
may also appoint another otficer as the Commandant
General oI the Home Guards, il so required.
(3) The District Superintendent of Poljce shall be
the ex-oflicio Commandant lor the Home Guards
constituted under sub-section (1), in each district.
3. (1) Subject lo the approval of the Commandant
General, the Commandant may appoint as members
ol the Home Guards such number of persons, who are
r lit and willing to serve, as may from time to time be
determined by the Commandant General and may
appoint any such member to any oflice of Commandant
in Home Guards.
(2) Notwithstanding anything contained in sub-
section (1), the Commandant General, subject to the
approval of the Commissioner/Secrbtary, Home, may
appoinl any such member to any post under his
immed'ate control.
4. (1) The Commandanl may at any time call out
a memberol the Home Guards lortraining orto discharge
any of lhe functions or duties assigned to the Home
Guards in accordance with the provision ot this Act and
the rules made thereunder.
Constitution
ol Home
Guards and
appointment
of Comman-
dant General
and Comman-
dant.
Appointment
of members.
Functions and
duties of
members.
Powers,
protection and
control.
Control by
officers of
police lorce
Certificate,
arms, etc. to
be delivered
up by person
ceasing to be
member.
186
(2) The Commandant General may in an emergency
call out a member of the Home Guards lor training or to
discharge any of the said functions or duties in any part
ot the State ol Arunachal Pradesh.
5. (1) A member of the Home Guards when called
out under section 4 shall have the same powers and
protection as an officer o{ 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 any thing
done or purporting to be done by him in the discharge ot
his functions or dutles as such member, except with
the prior sanctlon of the District Magistrate.
6. The members oI the Home Guards when called
out under section 4 in aid of lhe police rorce shall be
under the control ol the officers of the police force in
such a manner and to such extent as may be prescribed
by rules made under section 10.
7. (1) Every person who for any reason ceases to
be a member of the Home Guards shall forthwith deliver
up to the Commandant or to such person and at such
p'ace as the Commandant may direct, his certificate of
appointment or ol offace and the arms, accoutrements,
clothing and other Home Guards properties, if any in
his possessions which have been furnished to him as
such member.
(2) Any Magiskate, and tor special reasons which
shall be recorded in writing at the time, any police officer
not below the rank of Assistant or Deputy
Superintendent o, Police may issue a warrant lo search
Ior and seize, wherever they may be found, any
certificate, arms, accoutremenls, clothing or other
properties not so delivered up. Every warranl so issued
shall be executed in accordance with the provisions oI
the Code ol Criminal Procedure, 1973 (2 of 1974),by a
police officer or if the Magistrate or the police oflicer
issuing the warrant so directs, by any other person.
187
(3) Nothing in this section shall be deemed to apply
to any article which underthe orders of the Commandant
Generalhas become the property ofthe persons to whom
the same was furnished.
8. (1 ) The Commandant shall have the authority
to suspend, reduce, dismiss or fine an amount not
exceeding rupees two hundred and filty, any member ol
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 such lawful order or direction
given to him for the perFormance of his lunctions and
duties or is guilty of any breach of discipline or
misconduct, the Commandant shall also have the
authority to dismiss any member of the Home Guards
on the ground ol conduct which has led to his conviction
on a criminal charge. The Commandant General shall
have the like authority in respect of any member ol the
Home Guards appointed to a post under his immediate
control.
(2) 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 member are
no longer required. The C,ommandant Generalshall have
the like authority in respect of any member of the Home
Guards appointed to a post under his immediate control.
(3) When the Commandant General or the
Commandant passes an order suspending, reducing,
dismissing or fining any membef ol the Home Guards
under sub-section (1), he shall record such order or
cause the same to be recorded, together with the
reasons thereol and a note ol 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
detence.
Punishment of
members tor
negligence oI
duty, etc.
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(4) 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 lhe Secretary/
Commissioner ol Home, Government of Arunachal
Pradesh within thirty days ol the dale on which he was
served with notice of such order. The Commandant
General or the Secretary/Commissioner of Home as the
case may be, may pass such order as he thinks fit.
(5) The Commandant General or Secretary/
Commissioner of Home may, at any time, call for and
examine the record ol any order passed by the
CommandanvCommandant General as the case may
be under sub-seclion (1) or (2) lor the purpose of
satisfying himself as to the legality or propriety ol such
order passed by the Commandant or Commandant
General as the case may be and may pass such order
with reference thereto as he thinks fit.
(6) Every order if no appeal is made theref rom as
hereinbefore provided and every order passed in appeal
or revasion under this section shall be Iinal.
(7) Any f ine imposed under this section may be
recovered in the mannerprovided bythe Code of Criminal
Procedure, 1973 (2 ot 1974]. lot the recovery of llnes
imposed by a Court as il such lines were imposed by a
Court.
(8) 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 lor the time being in force.
Penglty.(1) lf any member of the Home Guards, on
being called out under section 4, without reasonable
excuse, neglects or refuses to obey such order, or to
discharge his functions as a member o{ lhe Home
Guards, or to obey any laMul order or direction given to
him for the perFormance ot his duties, he shall, on
conviction, be punishable with simple imprisonmentlor
a term which may extend to three months or with fine
which may extend to two hundred and fifty rupees or
with both.
189
(2) ll any member of the Home Guards willfully
neglects or retuses 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 7, he shall, on conviction, be
punished with imprisonment Ior a term which
may extend to one month or with Iine which
may extend to one hundred rupees or with both.
(3) No proceeding shall be instituted under sub-
section (1) or (2) without the prior sanction of
the Commandant.
(4) A pohce otlrcer may arrest without warrant any
person who commits an otfence punishable
under sub-sectidn (1) or (2).
10. The State Government may, by notilication,
make rules on lhe following matters for carrying out the
provisions of theAct.
(a) providing Ior the exercise by any otficer ol the
Home G uards of the powers conferred by section
4 of the Commandant and the Commandant
General;
(b) providing lor 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) regarding the organization, appointment,
conditions of service, lunctions, discipline, arms,
accoutrements and clothing of members ol the
Home Guards and the manner in which they
may be called out for service;
(d) regulating the exercise by members of the
Home Guards of any of the powers exercisable
under section 5 of this Act;
(e) generally for giving etfect to the provisions ol
this Act.
1.1 . Members of the Home Guards acting under
this Act shall be deemed to be public servants within
the meaning ol section 21 of the lndian Penal Code
(XLV ol 1860).
Powers lo
make rules
Members ol
Home Guards
to be public
servant.
Repeal and
savings.
190
12. (1) The Arunachal Pradesh Home GJards
Ordinance, 2006 (No. 2 o12006) is hereby repealed.
(2) Notwithstanding such repeal, anything done
or any action taken under the said Ordinance shallbe
deemed to have been done or taken, as the case nEy
be, under lhe corresponding provisions of lhis Act.
Note : Published in the Arunachal Pradesh Gazette,
Extraordinary No. '109 Vol. XIV dated 1 5th
December, 2006.

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