The JAMMU AND KASHMIR HOME GUARDS ACT, 2006 (1949 A.D.)

HOME GUARDS ACT, 2006
(Act No. III of SVT. 2006.)
HOME GUARDS ACT,  2006 479
Section
1. Short title, extent and commencement.
2. Constitution of Home Guards.
3. Appointment of members.
3-A. Constitution of Reserve Force of Home Guards.
4. Powers, protection and control.
5. Delegation.
6. Control by officers of Police Force.
6-A. Calling out of Home Guards.
6-B. Home Guards to be public servants and not to be civil servants.
7. Penalty.
7-A. Dealing of charges without formal trial.
8. Rules Making power.
THE JAMMU AND KASHMIR HOME GUARDS ACT, 2006
(1949 A.D.)
(Act No. III of Samvat 2006)
CONTENTS
Preamble.
–––––––
HOME GUARDS ACT,  2006 481
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “whole of the State”.
2. Section 2 substituted by Act XXII of 1988, s. 2.
3. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
* Now Official Gazette.
THE JAMMU AND KASHMIR HOME GUARDS ACT, 2006
(1949 A.D.)
(Act No. III of Samvat 2006)
[Promulgated by His Highness the Maharaja Bahadur under section 5
of the Jammu and Kashmir Constitution Act, 1996, and published in the
Government Gazette dated 10th Har, 2006].
An Act to provide for the constitution of Home Guards.
Whereas an emergency has arisen which makes it necessary to provide
for the constitution of Home Guards ;
Now, therefore, in exercise of the powers reserved under section 5 of the
Jammu and Kashmir Constitution Act, 1996, His Highness is pleased to enact
as follows:––
1. Short title, extent and commencement. —(1) This Act may be called
the Jammu and Kashmir Home Guards Act, 2006.
(2) It extends to the 1[whole of the Union territory of Jammu and
Kashmir].
(3) It shall be deemed to have come into force from the first day of Assuj,
2005.
2[2. Constitution of Home Guards and appointment of Commandant
General and Commandant. ––(1) The 3[Government of the Union territory of
Jammu and Kashmir] shall, by notification in the *[Government Gazette],
constitute for each District a volunteer body called the Home Guards the
members of which shall discharge such function in relation to the protection
of persons, the security of property the public order, the public safety and
the maintenance of essential services as may be assigned to them in accor-
dance with the provisions of this Act and rules made thereunder.
(2) The 3[Government of the Union territory of Jammu and Kashmir] shall
appoint a Commandant for each of the Home Guards constituted under sub-
482 HOME GUARDS ACT,  2006
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
* Now Union territory of Jammu and Kashmir.
2. Section 3 substituted by Act XXII of 1988, s .3.
3. Substituted for “three years” by Act XIII of 1999, s. 2.
section (1) and may also appoint Additional, Deputy or Assistant Comman-
dants.
(3) The administration of Home Guards constituted under sub-section
(1) for any District, shall, subject to the General superintendence, control and
directions of the District Magistrate be vested in the Commandant appointed
for each District.
(4) The 1[Government of the Union territory of Jammu and Kashmir] shall
also appoint a Commandant General of the Home Guards in whom shall vest
the general supervision and control of the Home Guards throughout the
*[State].
(5) The 1[Government of the Union territory of Jammu and Kashmir] may
also appoint Additional Commandant General, Joint Commandant General, Divi-
sional Commandant General or Assistant Commandant General.
Explanation.––For the purposes of sub-section (1) the words “essential
services” means Motor Transport, Fire Brigade Nursing, First Aid, operation
of water and power supply institutions and such other services as may be
notified by the 1[Government of the Union territory of Jammu and Kashmir] as
being essential to the life of the community].
2[3. Appointment of members. ––(1) Subject to the approval of the Com-
mandant General, the Commandant may appoint as member 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 1[Government of the Union territory of Jammu and
Kashmir] and may appoint any such person to any office or command in the
Home Guard.
(2) Notwithstanding  anything contained in sub-section (1) the Comman-
dant General may subject to the approval of the 1[Government of the Union
territory of Jammu and Kashmir] appoint any such member to any post under
his immediate control.
(3) Subject to any rule made in this behalf, a Home Guard shall be re-
quired to serve as such for a period of 3[six years] including the period spent in
training which period may be extended by the [1Government of the Union
HOME GUARDS ACT,  2006 483
1. Section 3-A inserted by Act XXII of 1988, s. 4.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
2. Section 5 omitted by Act XXII of 1988, s. 5.
territory of Jammu and Kashmir] to such further period as it may consider
necessary and a Home Guard shall thereafter serve in the Reserve Force of
Home Guard constituted under section 3-A of the Act for a period of three
years.
(4) Notwithstanding anything contained in sub-section (3) the Comman-
dant General or Commandant shall have the authority to discharge any Home
Guard at any time subject to such conditions as may be prescribed if in his
opinion the services of such Home Guard are no longer required].
1[3-A. Constitution of Reserve Force of Home Guards. ––(1) The 2[Gov-
ernment of the Union territory of Jammu and Kashmir] may constitute a Re-
serve Force of Home Guards consisting of persons appointed to it by the
2[Government of the Union territory of Jammu and Kashmir] from among the
Home Guards discharged from the service of the Home Guards under sub-
section (3) of section 3.
(2) A Home Guard shall while serving in the Reserve Force, be liable to be
called out for duty at any time].
4. Powers, protection and control. —(1) A member of the Home Guards
shall, subject to any rules made by the 2[Government of the Union territory of
Jammu and Kashmir] under this Act, have the same powers, privileges and
protection, be amenable to the same penalties and be liable to perform the same
duties in connection with the protection of life and property, preservation of
public peace and ensuring security and communal harmony in the district in
which he is put on duty, as the regular officers of police.
(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 as such member, except with the previous sanction
of the 1[Government of the Union territory of Jammu and Kashmir].
3(5) Omitted.
6. Control by officers of police force.–– The member of the Home Guards
when employed directly in aid of the police force, shall be under the control
of the officers of such force in such manner and to such extent as may be
prescribed by rules made under section 8.
484 HOME GUARDS ACT,  2006
1. Section 6-A and 6-B inserted by Act XXIII of 1967.
2. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
3. Section 6-B renumbered as sub-section (1) by Act XXII of 1988, s. 6.
4. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Ranbir Penal Code, 1989”.
5. Sub-sections (2) and (3) inserted by Act XXII of 1988, s. 6.
6. 6-C inserted ibid, s. 7.
* Now Union territory of Jammu and Kashmir.
** Now Legislative Assembly of the Union territory of Jammu and Kashmir.
1[6-A. Calling out of Home Guards. —(1) An officer of the Home Guards
especially empowered by the 2[Government of the Union territory of Jammu
and Kashmir] in this behalf may, at any time, call out the members of the Home
Guards for training or to discharge within the *[State] any of the functions or
duties as may be assigned to them in accordance with the provisions of this
Act and the rules made thereunder.
(2) The District Magistrate may, in consultation with such officer of the
Home Guards as is incharge of the Home Guards in his district, at any time, call
out the members of the Home Guards to discharge any of the functions or
duties within the district as may be assigned to them in accordance with the
provisions of this Act and the rules made thereunder].
3[6-B]. Home Guards to be servants but not to be civil Servants.—(1)
Any member of the Home Guards acting in the discharge of his functions in
accordance with the provisions of this Act and the rules made thereunder shall
be deemed to be a public servant within the meaning of section 21 of the
4[Indian Penal Code (45 of 1860)].
Explanation :—A member of the Home Guards shall not be deemed to be a
holder of a civil post merely by reasons of his enrolment as
such member].
5[(2) A member of the Home Guards shall not be disqualified for being
chosen as and for being a member of the **[State Legislature] merely by rea-
sons of the fact that he is a member of the Home Guards.
(3) Notwithstanding anything contained in any other law for the time
being inforce, 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].
6[6-C. Certificate, arms etc., to be delivered by persons ceasing to be
Home Guards. —(1) Every person, who for any reason ceases to be a Home
Guard, 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
HOME GUARDS ACT,  2006 485
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Code of Criminal Procedure,
Samvat 1989”.
2. Section 7 renumbered as sub-section (1) by Act XXIII of 1967.
3. Substituted by Act XL of 1966.
4. Sub-section (2) inserted by Act XXIII of 1967.
5. Section 7-A inserted ibid.
6. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
office and the arms, account rements, clothing and other necessaries which
have been furnished to him as such Home Guard.
(2) Any Magistrate may issue a warrant to search for and seize, whenever
they may be found, any certificate arms, accoutrements, clothing or other nec-
essaries not so delivered up and every warrant so issued shall be executed in
accordance with the provisions of the 1[Code of Criminal Procedure, 1973 (2 of
1974)], by a Police Officer if the Magistrate issuing the warrant so directs by
any other person.
(3) Nothing in this sub-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].
7. Penalty. —2[(1)] If any member of the Home Guards shall, without
lawful excuse, neglect or fail to obey such lawful order or direction as may be
given to him for the performance of his duties, he shall be liable upon convic-
tion before a 3[Judicial Magistrate] to imprisonment which may extend to seven
years, or to a fine not exceeding one thousand rupees, or to both.
4[(2) No prosecution shall be instituted under sub-section (1) without
previous sanction of such officer as may be prescribed in this behalf.]
5[7-A. Dealing of charges without formal trial.— When a member of the
Home Guards commits an offence punishable under section 7, an officer of the
Home Guards, especially empowered by the 6[Government of the Union terri-
tory of Jammu and Kashmir] in this behalf, may direct that the charge shall be
dealt with, without formal trial and thereupon the said officer may in the pre-
scribed manner award to such member any one or more of the following pun-
ishments, namely:––
(a) confinement in such place as may be considered suitable for a
period not exceeding one week ;
(b) punishment drill or other duty not exceeding seven days in dura-
tion with or without confinement to quarters ; and
486 HOME GUARDS ACT,  2006
1. Substituted by S.O. 1229 (E) dated 31.03.2020 for “Government”.
2. Clause (a) of section (8) substituted by Act XXII of 1988, s. 8.
(c) forfeiture of allowance].
8. Rules making power.— The 1[Government of the Union territory of
Jammu and Kashmir] may make rules consistent with this Act—
2[(a) regulating the powers exercisable by the Commandant General, the
District Magistrate and Commandant and providing for exercise by
an officer of the Home Guards, of the said powers] ;
(b) providing for the exercise of control by officers of the police force
over members of the Home Guards when acting directly in aid of
the police force ;
(c) regulating the organisation, appointment, training, conditions of
service, duties, discipline, arms, accoutrements and clothing of mem-
bers of the Home Guards and the manner in which they may be
called out for service ;
(d) conferring on members of the Home Guards according to their office
any powers, other than magisterial or judicial powers, exercisable by
any person under any law for the time being in force ;
(e) prescribe the form of oath of allegiance to be administered to the
members of the Home Guards ;
(f) generally for giving effect to the provisions of this Act.
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