The Bombay Home Guards Act 1947

The Bombay Home Guards Act, 1947 (Bombay Act NO. III OF 1947) As 
Extended To The Union Territory Of Delhi 
Bombay Act NO. III Of 1947 
 
(THE BOMBAY HOME GUARDS ACT, 1947) 
An Act to provide for the constitution of Home Guards 
 
Whereas it is expedient to provide a volunteer organization for use in 
emergencies and for the purposes in the State of Bombay. It is hereby 
enacted as follows :- 
1. Short title, extent and commencement - 
(1) This Act may be called the Bombay Home Guards Act, 1947.  
(2) It extends to  the whole of the Union Territory of Delhi.  
(3) It shall come into force at once. 
 
2. Constitution of Home Guards and appointment of Commandant 
General and Commandant - 
(1) The Chief Commissioner of Delhi shall constitute for the Union Territory 
of Delhi a  volunteer body called the Home Guards, the members of which 
shall discharge such functions and duties in relation to the protection of 
persons the security of property and the public safety as may be assigned to 
them in accordance with the provisions of t his Act and the rules made 
thereunder. 
Provided that the Chief Commissioner of Delhi may, by notification in the 
Official Gazette, divide the Union Territory of Delhi into two or more areas 
and constitute such a volunteer body for each such area. 
(1-A) Omitted. 
(2) The Chief Commissioner of Delhi may appoint a Commandant of each of 
the Home Guards constituted under sub-section (1). 
(3) The Chief Commissioner of Delhi shall appoint a Commandant General of 
the Home Guards in whom shall vest the general superv ision and control of 
the Home Guards throughout the Union Territory of Delhi and until a 
Commandant is appointed under sub -section (2), the Commandant General 
may also exercise the powers and perform the functions assigned to the 
Commandant by or under this Act. 
 
3. Appointment 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 
Chief Commissioner of Delhi, and may appoint any such member to any 
office of command in the Home Guards.  
(2) Not withstanding anything contained in sub -section (1) the Commandant 
General may, subject to the approval of the Chief Commissioner of Delhi, 
appoint any such member to any post under his immediate control. 
(3) Omitted.  
 
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 provision 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 Union Territory of Delhi. 
5. Powers, protection and control - 
(1) A member of the Home Guards when called out under section 4 shall 
have the same powers 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 his functions or duties as such member except with the previous sanction 
of the District Magistrate. 
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 prescribed by rules made und er 
section 8. 
(6-A). 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 forthwith deliver up to 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 Assistant or 
Deputy Superintendent of Police may issue a warrant to search for and 
seize, wherever they may be found, any certificate, arms, accoutrements, 
clothing or other necessaries not delivere d up. Every warrant so issued shall 
be executed in accordance with the provision of the Code of Criminal 
Procedure, 1898 (V of 1898), by a police officer or if the Magistrate or the 
police officer issuing the warrants so directs by any other person. 
(3) No thing 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 persons to whom the same was furnished. 
(6-B). Punishment of members of 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 
such 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. 
The Comm andant 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 ap pointed to a post under his 
immediate control.  
 
(1-A) Notwithstanding any thing 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 th e opinion of 
the Commandant, the services of such member 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 inqu iry 
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 Chief Commissioner of Delhi, within 
thirty days of the date on which he was served with notice of s uch order. 
The Commandant General or the Chief Commissioner of Delhi as the case 
may be, may pass such order as he thinks fit. 
(4) The Commandant General or the Chief Commissioner of Delhi 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) 
or (1A) for the purpose of satisfying himself 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 su ch order with reference there to as he thinks 
fit. 
(5) Every order if no appeal is made there from as herein before provided 
and every order passed in appeal or revision under this section shall be final. 
(6) Any fine imposed under this section may be reco vered 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 fines ware 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. 
Explanations - Where the Commandant General while exercising the powers 
of the Commandant passes any order under sub-section (1) or (1A) - 
( i ) the appeal from such order shall lie to the Chief Commissioner of Delhi; 
( ii ) for the purposes of sub -section (4), the power of revision in respect of 
such order shall vest in the Chief Commissioner of Delhi.  
 
7. Penalty - 
(1) If 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 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. 
(1-A) If any member of the Home Guard willfully neglects or refuses 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 o r with fine which may extend to one hundred rupees or with 
both. 
(2) No proceeding shall be instituted under sub -section (1) 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) of (1A). 
8. The Chief Commissioner of Delhi may make rules consistent with 
this Act - 
(a) providing for the exercise by any officers of the Home Guards of the 
powers  
conferred by section 4 of 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) regarding the organization, appointment, conditions of service, functions, 
discipline, arms, accoutrements and clothing of members of the Home 
Guards and the manner in which the 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 effect to the provision of this Act. 
 
9. Members of Home Guards to be public servants - 
Members of the Home Guards acting under this Act shall be deemed to be 
pubic servants within the meaning of section 21 of the Indian Penal Code 
(XLV of 1860). 
9-A. Home Guards not disqualified from contesting elections to the State 
Legislature or local bodies- 
(1) Omitted. 
(2) Notwithstanding anything contained in the contrary in any other law for 
the time being in force a member of the Home Guards shall not  be 
disqualified for being chosen as, and for being, a member of any local 
authority merely by reason of the fact that he is a member of the Home 
Guards. 
10. Omitted. 
 
  

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