LexThe Gujarat Home Guards Act, 1947
Gujarat · state statute
Open in Lexace · Ask the AI about this actThe Gujarat Home Guards Act, 1947
[1947:Bom. III
1 of 7
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT No. III OF 1947
The Gujarat Home Guards Act, 1947
(As modified up to the 31st August, 2012)
The Gujarat Home Guards Act, 1947
[1947:Bom. III
2 of 7
THE GUJARAT HOME GUARDS ACT, 1947
CONTENTS
PREAMBLE.
SECTIONS. Page No.
1. Short title, extent and commencement.
2. Constitution of Home Guards and appointment of
Commandant General and Commandant.
3. Appointment of members.
4. Functions and duties of members.
5. Powers, protection and control.
6. Control by officers of police force.
6A. Certificate, arms, etc., to be delivered up by person ceasing to be member.
6B. Punishment of members for neglect of duty, etc.
7. Penalty.
8. Rules.
9. Members of Home Guards to be public servants.
9A. Home Guards not disqualified from contesting elections to State Legislature
or local bodies.
10. Repeal and saving.
The Gujarat Home Guards Act, 1947
[1947:Bom. III
3 of 7
BOMBAY ACT No. III OF 19471
[ THE GUJARAT HOME GUARDS ACT, 1947 ]
( 22nd March, 1947 )
Amended by Bom. 11 of 1950.
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 4 of 1954.
Adapted and modified by the Bombay Adaptation of Laws ( State and Concurrent
Subjects ) Order, 1956.
Amended by Bom. 75 of 1958.
Adapted and modified by the Gujarat Adaptation of Laws ( State and Concurrent
Subjects ) Order, 1960.
Amended by Guj. 23 of 1980.
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 :-
1. (1) This Act may be called the 2a[Gujarat] Home Guards Act, 1947.
3[(2) It extends to the whole of the 4[ State of Gujarat ].
(3) It shall come into force at once in the area of Greater Bombay and the
area compri sing limits of the municipal borough and the cantonment of
Ahmedabad. 5[ With effect from the date of commencement of the Bombay
Home Guards (Extension and Amendment) Act, 1958]; it shall come into
force in the whole of the Saurashtra area of the 6[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 7[ State ]
Government may by notification in the Official Gazette direct that it shall
come into force in any other area 8[ in the State of Gujarat ] on such date as
may be specified in such notification.
2. (1) The 9[ State ] Government shall constitute for each o f 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 10[ and duties ] in relation to the
protection of persons, 11[ 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.
12[(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, shall be
deemed to be constituted under sub-section (1) ].
(2) The 9[State] Government shall appoint a Commandant of each of the
Home Guards constituted under sub-section (1).
13[ (3) The State Government shall also appoint a Commandant General of the
Home Guards in whom shall vest the general supervision and co ntrol of the
Home Guards throughout the 14[ State of Gujarat ]. ]
15[3. (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 ap proval of the State Government, appoint any
such member to any post under his immediate control. ]
Short title, extent
and
commencement.
Bom. LXXV of
1958. C. P. and.
Berar XV of 1947.
Constitution of
Home Guards and
appointment of
10[Commandant
General and
Commandant.]
Bom. LXXV of
1958.
Appointment of
members.
The Gujarat Home Guards Act, 1947
[1947:Bom. III
4 of 7
16[ (3) Every person who immediately before the commencement of the
Bombay Home Guards ( Extension and Amendment) Act, 1958 was a
member of the Home Guards raised or constituted under the Central
Provinces and Berar Home Guards Act, 1947, or the State of Saurashtra
Home Guards-Ordinance, 1948, shall be deemed to be appointed under this
section and the certificate of appointment and uniform issued to him shall be
valid accordingly.]
17[4. (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 14[ State of Gujarat.] ]
5. (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 an ything done or purporting to be done by him in the discharge
of this functions 18[ or duties] as such member except with the previous
sanction of the Commissioner of Police 19[ in any area for which a
Commissioner of Police has been appointed ] and of the District Magistrate,
elsewhere.
6. 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 under section 8.
20[6A. (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 19[ in any area for which a Commissioner of Police has been
appointed ] and Assistant or Depu ty 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, 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.
6B. (1) The Commandant shall have the authority to suspend, reduce or dismiss or
fine, to an amoun t 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 Hom e 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. 21[
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.
22[ (1A) Notwithstanding anything contained in this Act, the Commandant
Bom. LXXV of
1958. C.P. and
Berar XV of 1947.
Sau. Ord. XVII of
1948.
Functions and
duties of members.
Powers, protection
and control.
Control by officers
of Police force.
Certificate, arms,
etc., to be delivered
up by person
ceasing to be
member.
V of 1898.
Punishment of
members for
neglect of duty, etc.
The Gujarat Home Guards Act, 1947
[1947:Bom. III
5 of 7
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 membe rs 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 Ge neral 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) 23[ 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 Cod e of Criminal Procedure, 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. ]
7. (1) If any member of the Home Guards, on being called out under section 4,
without 24[ reasonable excuse ], neglects or refuses to obey such order, or to
discharge his fun ctions 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 m ay extend to two
hundred and fifty rupees or with both.
25[ (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) 26[ 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) 27 [ or (1A) ].
8. The 28[ State ] Government may make rules consistent with this Act,
29[(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; ]
V of 1898.
Penalty.
Rules.
The Gujarat Home Guards Act, 1947
[1947:Bom. III
6 of 7
(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.
9. 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.
30[9A. (1) A member of the Home Guards shall not be disqualified for being chosen
as, and for being, a member of the 31[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 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. The Bombay Home Guards Ordinance, 1946, is hereby repealed :
Provided that the Home Guards constituted under the said Ordinance shall be
deemed to be constituted unde r 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.
----------------------
XLV of 1860.
Members of Home
Guards to be Public
servants.
Home Guards not
disqualified from
contesting elections
to the State
Legislature or local
bodies.
Bom. Ordinance
No. 1 of 1946. Repeal and saving.
The Gujarat Home Guards Act, 1947
[1947:Bom. III
7 of 7
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.
Section 8 of Bom. 75 of 1958 reads as under—
"8. The Central Provinces and Berar Home Guards Act, 1947 and the State of Saurashtra Home Guards
Ordinance, 1948, are hereby repealed :
Provided that such repeal shall not affect-
(a) the previous operation of the laws so repealed , or
(b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any of the
provisions of the laws so repealed, or
(c) any Investigation, legal proceeding or remedy in respect of such penalty, forfeiture or punishment as
aforesaid; and any such investigation, legal proceeding or remedy may be instituted continued or
enforced. and any such penalty, forfeiture on punishment may be imposed, as if this Act had not
been passed."
C.P. and Berar XV of 1947. Sau Ord. XVII of 1948.
2 These words were substituted for the words "Province of Bombay" by Bom. 75 of 1958, sec. 3.
2 The word “Gujarat” was substituted for the word “Bombay” by Guj. 15 of 2011, s. 3.
3 This sub-section was substituted for the original, by Bom 75 of 1958, section 4 (1).
4 These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
5 This portion was inserted by Bom. 75 of 1958, s.4(2).
6 These words stand unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order,
1960.
7 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
8 These words were inserted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
10 These words were inserted by Bom. 11 of 1950, s.2(i).
11 These words were substituted for the words ''the security of property and the public safety" by Guj. 23 of
1980, s.2.
12 This sub-section was inserted by Bom. 75 of 1958, s.5 (1).
13 This sub-section was inserted by Bom. 11 of 1950, s. 2 (2).
14 These words were substituted for the words "State of Bombay" by the Gujarat, Adaptation of Laws (State
and Concurrent Subjects) Order, 1950.
15 Section 3 was substituted for the original, by Bom. 11 of 1950, s.3.
16 This sub-section was added by Bom. 75 of 1958. s. 6.
17 Section 4 was substituted for the original by Bom 11 of 1950, s. 4.
18 These words were inserted by Bom. 11 of 1950, s. 5.
19 These words were substituted for the words "in Greater Bombay" by the Gujarat Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
20 Sections 6A and 6B were inserted by Bom. 11 of 1950, s. 6.
21 These words were inserted by Bom. 4 of 1954, s 2(i).
22 Sub-section (1A) was inserted by Bom. 4 of 1954, s. 2 (ii).
23 The word, brackets, figure and letter were inserted, by Bom. 4 of 1954, s. 2 (iii).
24 These words were substituted for the words "sufficient excuse" by Bom. 11 of 1950, s. 7 (1).
25 Sub-section (1A) was inserted, by Bom. 11 of 1950, s. 7 (2).
26 The word, brackets, figure and letter "or (1A)" were inserted, by Bom. 11 of 1950, s. 7(3).
27 The word, brackets, figure and letter "or (1A)" were added, by Bom. 11 of 1950, s. 7 (4).
28 This word was substituted for the word "Provincial" by the Adaptation of Laws Order 1950.
29 This clause was substituted for the original by Bom. 11 of 1950, s. 8
30 Section 9A was inserted, by Bom. 11 of 1950, s. 9.
31 These words were substituted for the words "Bombay Legislative Assembly or the Bombay Legislative
Council" by the Gujarat Adaptation of Laws ( State and Concurrent Subjects ) Order, 1960.