The Haryana Home Guards Act, 1974 (31 of 1974)

l$?*: HaryeuaAct3l I XOII,,EGLIARDS
TIIE I{ARY,E}IA HO}ffi CUANDS ACT, 19?4
tll*av*nr* AcrNo- 3l or LW4)
?ASLE OT COI-{fENT$
337
Srtiors
, $hort title *ndcxtcnt.
?- Defixitions"
3" (an${ilEtian of Hry*nr Home Guardr.
4. .Etolment and appuinlfiIcnr r offic*r of command-
' 5. Obigarionof cruptopr to p*rmit membcrs to join duty-
6. Cailirgautof nsfibcn,
7. Powuu, pral€tiotr and snEol,
8. Coutrd by offiecrs of polke force.
j' I. Pondty
IO- Dclegati:n of powcrs.
ll- Porrrsrtrruakcnrls. I
t?" R*Prrl.
a
t39
tjll:ErryanrAcrll I
iTTM HARYANA HOME GUARDS ACT, 1974
(H*nvrx* .{cr No' 3} on i9?4)
(Received lhe assent of the Governor of ttaryana on ire
Sist August, 1974, and first published for general
information inthe H*ryana Govenunent Gazette
' 
( Extraordinq fyJ lE giiilativ e Supplemcnt P an I
df thi 9rh SbPtentber, 1974')
rI 2. .3 4
Ye.rr No-
, .., -a
'Short title Whether rePealed or otherwise
affected bY l-egislation
t9']4 3r ,.TheHaryanaHome
Cuard.r Act, 1974
Att
Acr
to provide tor the constifution of Esryanfl Home'Guards'
.iBeitenactedbythct.c.gislatureofthestateofHaryanainthe
,',T1venty-fifttiYear of theReputilic of Indiaas follows :*
1. (I) This Act may be called rhe EiaSyana tlome Guards
Act, 1974.
' (t) lte.\tends to.the rvhole of the $iate of Haryana'
'2, In this.Act, unless the contert otherrryise requires'-
(a) "meruber" means a member of the Haryana Home
i Guar(s;
,,ni f*) "prescribed,' means prpscribed by nrles made under this
Act.:, 
,
3.The'stateGovernmenrmay,foranyarea'constitureabodyto
HOTvIECUARDS
,l
Short title and
exteut.
pgfinitiotrs.
Corstitution of
Haryanallorse
Guards.I be calledtheHaryanaflomsGuards' the members of which shall discharge
. such functions in relation;to f.he protection of persons, the Security of
property or the public safety as may be assigned to them in accordiince
*itf., n* provisions of this Act or the nrles made thereunder'
na Government Gazitt*
(Extraordtuia*),' dated ttie'I4thAugus t, I 9?4, page I 19 I'
: 't
I
Enrslmert and
appointment to
offices of'
comflnnd,
Obligationof
employcrto
pcrnritrnenrbers
to join dutY.
f,slling oul of
meflrbers.
Powers,
protecl.ion and
conEol.
Conkolby
afficersof
police force.
340 HOI,TE GUARDS I197a : Ilaryr^uaAct3r
4. {lt The State Governrnent may onrol such number of p$rsons
who are fit and willing to serve as members as it may deem fit to enrol.
(2,1The stare covernment may appCIint any pgrson, whether a
member ornot, to any of{iceof cornmand in the llaryanaHome Guards-
5. (I) Except 4s may be prescribed, everycmplCIyer$hall permit
a rrrembsr who is For the time being cmployed by or undcr him to join his
duty as Such, artd, notwithstanding anything in any law or agreernent
belween him and $uch membet, the period of his duty shall, subject to
such conditions and restrictions as may be prescribed, be deemed to be
theperiod spent in suhemployment:
Provided rhaf the employCI shall nst be liable 1o pay remuneradon
to such member for.a period exceeding thirry days in any year. 
_
(2) No cmployer shall dismiss, renlove CIr suspend any
employee, or take any other action which may pfejudice such employee,
byreason ofhis being amember,
fJl Nothing in this secrioq shall apply to an ernployer unless he
had forwarded the application of the emPloyee conceroed for enrolment
as memberor been inforued by the empolyee of his being a member at
the time of apilying foremployment-
6. The.State Goverftnent in any area may at any tirne c{l out a
member for'tiaining or to discharge any of the functions assigned to the
Haryana HomeGuardsin acco-rdaflce withthe provisions of this Act and
the rutesmade thereunder. 
.
7. (I) A member when calted out under sEction 6 shall have the
sarntr powers, privileges and ploteclion as an officer of police appointed
under any law for Lhe tirne being in force.
(2j No prosecution shali be instituted against a member in
respect of anything done or purporting to have been done by him in the
discharge of his functions a$.$uch melnber, Except with thc previous
ssnction of the State Govemment.
'lr
8. The trlernt${ {hqn called Gut under seclon 6 directly in aid of
the police force, shall be uhder the control of the off,rcers of s'uch force, in
$uch rnanner and to such extent as may be prescribed-
tW4: [Ia4yenaAclSt I HOME SUARDS
9, {f ) If any member, tn being called out under section 6, without
sufficient excuse, n€glects or nfuses to obey such order, or [o discharge
hiS functions as such mernberor to obey any )awful order or direction
given to him for the p'erformdn€ of his duties, hc shall, on conviction by
a court, be punishable with sirrple imprisonrnent for a term r.vhich may
exrend to thrce mofiths or withfine which may extend to one hundred
rupees or with both.
(2) Whoever contrausres the provisions of sub-section (I) or
sub-section (2/ of section 5 shall be punishable with fine which may extend
to two hundred and fifty rupres, and the court by which an employer is
convicted under this section nay further order hirn to pay to the employee
a surn not exceeding lhrce munths'remuneration at the rate at which his
last remuneration was payabb to him by the employcr, and any iunount
so ordered to be paid by the c,:urt shall be recoverable as if it were a fine
inrposed by such coufi:
Provided that an emfloyer shalJ not be so liable unless he had
forwarded the applicatiun of tfc ernployee concemed for enrolmeftt as
member or been informed by thr employee of his being a rnember at the
time of applying for employment
{3) An offenceunder this Act shall be cognizable.
10. The State Government rny, by notification, and subject to any
conditions which rnay be specified, ilelegate its functions under section 3
or section 4 or setion 6 to uny personor borly oI peniuns.
11. (J ) The State Governmentffiay rna-ke rules for carqring out
the purpose of this Act.
(2) In particular, and withourprejudice to the generality of
the foregoing power, such rules may providr for all or any of the following
matters, namely:-
{aJ the exercise of control by officers of the police force
oyerrnember when acting drrecrly in aid of the police
force;
f0) regulating the organisation, appointment, conditons of
service, duties, disciplince, arm\ accouuements and
clothing of mernberc and the maflner in which they may
. be catled out for service ;
34i
Fcnrlry.
Delefoation of
FOlv€rc.
Power to rnake
rules,
A
/l
Repeal.
HOME CUARDS [1974 : HaryaneAct 31
(cJ conferring on rnembers according to rheir office any
power$, other than the powers of an Executive or
Judicial Magistrate, exercisable by any person under
any Iaw forthe time beingin force; and
' fdJ any other matterwhich has to be, ormay be, prescribed.
{3} All rules made under this Act shalt be laid, as $oon a.c may
be after they are so mad&, beiore the House of the State l-egislature whilc
it is in session for a period of not less than ten days, which may be
cornprised in one session or in two successive sessions, and if, before the
expiry of thesessiorr in which theyare so laidorthesession immediately
following, the House of the state Legislature makes any modification in
any of such nrles or resolves that any such rule should not be made, such
rule shall thereafter have effecf only in such moditied form or be of no
effect, as the case may be; so howevcr, that any such modification or
annulment sha]I be rvithou t prej udice to the validity of anything previ ously
done thereunder.
1?,. The P*njab Horne Guardi A.cr, Ig4? (punjnbAcr g of lg4?),
in its application to the state of Haryana, is hereby repealed.

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