LexThe KARNATAKA HOME GUARDS ACT, 1962
Karnataka · state statute
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THE KARNATAKA HOME GUARDS ACT, 1962
ARRANGEMENT OF SECTIONS
Statement of Object and Reasons
Sections:
1. Short title and extent.
2. Definitions.
3. Constitution of Home Guards and appointment of Commandant General and
Commandants.
4. Appointment of Members.
5. Functions and duties of members.
5A. Obligation of employer to permit Home Guards to join Duty.
6. Powers, protection and control.
7. Control by officers of police force.
8. Certificate, arms, etc., to be delivered up by person ceasing to be a member.
9. Punishment of members for neglect of duty, etc.
10. Punishment.
11. Disciplinary action against Commandant or the Commandant General.
12. Powers of State Government to make rules.
13. Members of the Home Guards to be public servants.
14. Members of the Home Guards not disqualified from being members of local
authorities.
15. Amendment of Karnataka Act 4 of 1957.
16. Repeal of certain Acts and savings.
17. Repeal of Karnataka Ordinance No. 4 of 1962.
* * * *
STATEMENT OF OBJECTS AND REASONS
I
Act 35 of 1962. - At present the Home Guards Organisation is in existence only
in the Bombay-Karnataka Districts of the State. In view of the present emergency it
is considered necessary to have a voluntary body of persons throughout the State
to discharge duties in relation to the protec tion of persons, the security of property
and preservation of public order in emergency. Hence, it is proposed to organise
Home Guards in the entire State. In order to effectively control and administer the
Organisation it is necessary to have a uniform law. In view of the urgency and as
1962: KAR. ACT 35] Home Guards 811
the Legislature was not in session, the Mysore Home Guards Ordinance, 1962, was
issued. The present Bill is intended to replace the said ordinance.
Except for the two clauses relating to repeal and savings, and the addition of a
provision for laying rules made under the Act before the Houses of Legislature, in
other respects the provisions of the Bill are identical with the provisions of the
Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 1st
December 1962 as No. 238 at page. 8.)
II
Amending Act 11 of 1977. — Karnataka State Home Guards is a statutory
organization in the State and the services of Home Guards have become
indispensable and decisive in maintaining peace and tranquility at elections ,
Railway Strikes and Political and Labour Demonstrations. The Members of Home
Guards, excepting a few full time paid Officers, are all Volunteers employed in
Private and Public Undertakings. The Home Guards belong to different traders,
professions such as Doctors, Lawyers, Educationists, Engineers, Businessmen,
Central and State Government Servants and Farmers. When such members are
called on duty in emergent situations either to maintain public peace and order or to
safeguard public property, difficulty i s experienced to call them on duty because the
Employers do not treat their absence as on duty. Consequently, the Employees will
have to face loss of wages, salary etc., for the period they remain absent. In some
cases when such persons respond to the cal l serve, as Home Guards even
Departmental Proceedings were instituted against them for their absence from duty.
There is no provision in the Home Guards Act, 1962 (Karnataka Act 35 of 1962),
providing protection against such contingencies to the Home Guards. Therefore,
with a view to protect the employees reporting themselves to the call -up from loss of
salary, wages, etc., it is felt necessary that a provision be made to make it
obligatory on the part of Employers to treat the period of absence at their of fices
while on Home Guards duty to pay their pay and allowance they are entitled to, at
the place of employment, as if they are on duty.
Since the Karnataka Legislature was not in session the Karnataka Home Guards
(Amendment) Ordinance, 1977 was promulgated.
This Bill Seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary) Part IV -2A, dated 26th
March 1977 as No. 235 at page. 4.)
Home Guards [1962: KAR. ACT 35 812
III
Amending Act 19 of 2003. — It is considered necessary to amend the
Karnataka Home Guards Act, 1962 (Karnataka Act 35 of 1962) to provide for,-
(i) the procedure for selection and appointment of Commandants of Home
Guards;
(ii) qualification, conditions of service and the term of office of the
Commandant of Home Guards.
Consequential amendments are also proposed.
Hence the Bill.
[LA Bill No.1 of 2003]
[Entry 1 and 2 of List II of the Seventh Schedule to the Constitution of India]
IV
Amending Act 20 of 2011. — It is considered necessary to amend the
Karnataka Home Guards Act, 1962 to provide for extension of office of the
Commandant for a period of five years and further period of two terms five years
each and fixing the maximum age limits to the post of Commandants.
Hence the Bill.
[LA Bill No.16 of 2011, File No. Samvyashae 37 Shasana 2010]
[Entries 1 and 2 of List II of the Seventh Schedule to the Constitution of India]
V
Amending Act 30 of 2014.- It is considered necessary to amend the
Karnataka Home Guards Act, 1962 (Karnataka Act No.35 of 1962) in order to
reconstitute the Committee constituted for the purpose of appointment of the
commandants under Sub-Section (2A) of Section 3 of the said Act.
Hence, the Bill.
[L.A. Bill No. 45 of 2014, File No. Samvyashae 09 Shasana 2012]
[entry 5 and 41 of List II of the Seventh Schedule to the Constitution of
India.]
* * * *
1962: KAR. ACT 35] Home Guards 813
1
[KARNATAKA ACT]
1
No. 35 OF 1962
(First published in the
1
[Karnataka Gazette]
1
on the Twenty-seventh day of
December, 1962.)
THE
1
[KARNATAKA]
1 HOME GUARDS ACT, 1962.
(Received the assent of the Governor on the Eighteenth day of December, 1962.)
(As Amended by Karnataka Act 11 of 1977, 19 of 2003, 20 of 2011 and 30 of 2014)
An Act to provide for the constitution of Home Guards in the
1
[State of
Karnataka]
1
.
WHEREAS it is expedient to provide a volunteer organization for us e in
emergencies and for other purposes in the
1
[State of Karnataka]
1
;
BE it enacted by the
1
[Karnataka State]
1 Legislature in the Thirteenth Year of the
Republic of India as follows:—
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
1. Short title and extent. —(1) This Act may be called the
1
[Karnataka]
1
Home
Guards Act, 1962.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) It extends to the whole of the
1
[State of Karnataka]
1
.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
2. Definitions.—In this Act, unless the context otherwise requires,—
(a)“Home Guard” means a person who is appointed as a Home Guard under this
Act;
(b)“prescribed” means prescribed by rules made under this Act.
3. Constitution of Home Guards and appointment of Commandant General
and Commandants.—(1) The State Government shall constitute a volunteer body
called the “Home Guards”, the members of which shall discharge such functions
and duties in relati on to the protection of persons, the security of property and the
preservation of public order or tranquility, as may be assigned to them in
accordance with the provisions of this Act and the rules made thereunder.
(2) 1[The State Government may from the l ist of eligible persons sent by the
Committee under sub- section (2B)] 1 appoint as many Commandants as it may
consider necessary for the proper governance and conduct of the Home Guards
and shall specify the areas over which each such Commandant shall have
jurisdiction.
1. Substituted by Act 19 of 2003 w.e.f. 22.04.2003.
Home Guards [1962: KAR. ACT 35 814
1[(2A) There shall be a Committee consisting of the following members for
selecting persons possessing prescribed qualification to be appointed as
Commandants under sub-section (2), namely:-
3[(a) The Principal Secretary (PCAS)/ Secretary(PCAS) to
Government, Home Department
- Chairman
(b) Director General of Police and Commandant General, Home
Guards and Director, Civil Defence
- Member
(c) Inspector General of Police and Additional C ommandant
General, Home Guards and Additional Director, Civil Defence
- Member
(d) Deputy Commandant General, Home Guards and Deputy
Director, Civil Defence
-Member
Secretary]3
(2B) The Committee referred to in sub- section (2A) shall after following
such procedure as may be prescribed prepare a list of eligible persons to be
appointed as commandants under sub- section (2) and send the list of such eligible
persons to the State Government.
2[(2C) subject to the pleasure of the State Government the term of office of
the commandant shall ordinarily be for five years and it may be extended for a
further period of two terms of five years each.
Provided that no person shall be eligible for appointment as commandant or
shall hold such office on his attaining the age of sixty years.]2
(2D) The terms and conditions of appointment of the Commandants shall
be such as may be prescribed.]1
1. Inserted by Act 19 of 2003 w.e.f. 22.04.2003
2. Substituted by Act 20 of 2011 w.e.f. 06.04.2011.
3. Substituted by Act 30 of 2014 w.e.f. 05.09.2014.
(3) The State Government shall appoint a Commandant General of the Home
Guards in whom shall vest the general supervision and control of all the Home
Guards in the State,
4. Appointment of Members. —(1) Subject to the approval of the Commandant
General, the Commandants 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 appoint a member of the Home Guards to any post under his control.
1962: KAR. ACT 35] Home Guards 815
(3) Every member of the Home Guards shall on appointment receive a certificate
of appointment which shall be in such form and shall be issued by such authority as
may be prescribed, and thereupon he shall have the powers, privileges and
protection conferred, and discharge the duties imposed, on a Home Guard by or
under this Act.
5. Functions and duties of members. —(1) The Commandant General may at
any time call out any member of the Home Guards for training, or to discharge any
of the functions or duties assigned to the Home Guards in any part of the State in
accordance with the provisions of this Act and the rules made thereunder.
(2) 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 him by or under
this Act.
(3) The Deputy Commissioner or the Superintendent of Police of a District may
at any time call out a member of the Home Guards to discharge any of the functions
or duties assigned to him by or under this Act.
1
[5A. Obligation of employer to permit Home Guards to join duty. —(1)
Subject to such rules as may be prescribed, every employer shall permit a Home
Guard, who is for the time being employed by or under him, to join, his duty as
such, and notwithstanding anything contained in any law or agreement between him
and such Home Guard, the employer shall be liable to pay to such Home Guard, for
the period of his duty as such Home Guard, not exceeding sixty days in a year, the
pay and allowances, as if such Home Guard had not been called out to join his such
duty.
Explanation.—For the purpose of this sub- section, duty includes any training as
such Home Guard.
(2) No employer shall dismiss, remove or suspend any employee or take any
other action which may prejudice such employee only by reason of his being a
member of the Home Guards.
(3) Whoever contravenes the provisions of subsection (1) or (2) shall be
punished with fine which may extend to one thousand rupees.
(4) Nothing in this section shall apply to an employer unless he had been
informed by the employee of his being, or by the concerned Commandant of such
employee being, a Home Guard at the time of applying for employment under such
employer or at the time of enrolment as a member of the Home Guards while being
such employee.]
1
1.Section 5A inserted by Act 11 of 1977 w.e.f. 28.1.1977
Home Guards [1962: KAR. ACT 35 816
6. Powers, protect ion and control. —(1) A member of the Home Guards when
called out under section 5 shall have the same powers, privileges and protection as
an officer of police appointed under the
1
[Karnataka Police Act, 1963]
1
.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) No prosecution shall be instituted against a member of the Home Guards in
respect of anything done or purporting to be done in the exercise of his powers or
the discharge of his functions or duties as such member, except with the previous
sanction of the Commandant General.
7. Control by officers of police force. —The members of the Home Guards
when called out under section 5 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.
8. Certificate, arms, etc., to be delivered up by person ceasing to be a
member.—(1) Every person, who, for any reason ceases to be a member of the
Home Guards or resigns his membership, shall forth- with deli ver 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, clothings
and other articles which have been issued 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 Deputy Superintendent of Police or
Assistant Superintendent of Police, may issue a warrant to search for and seize
wherever they may be foun d 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
1[the Code of Criminal Procedure, 1973] 1 by a
Police Officer or if the Magistrate or the Police Officer issuing the warrant so directs,
by any other person.
1. Substituted by Act 19 of 2003 w.e.f. 22.04.2003
(3) Nothing in this section shall be deemed to apply to any article which under
the orders of the Commandant General has become the pr operty of the person to
whom the same was issued.
9. Punishment of members for neglect of duty, etc. —(1) The Commandant
shall have the powers to suspend, reduce or dismiss, or to impose fine not
exceeding a sum of fifty rupees on any member of the Home Guards under his
control, if such member neglects or refuses to discharge his functions and duties as
a member of the Home Guards or to obey any lawful order or direction given to him
1962: KAR. ACT 35] Home Guards 817
for the due performance of his functions and duties or is guilty of any breach of
discipline or misconduct.
(2) The Commandant General may in respect of any member of the Home
Guards appointed to a post under his control impose any penalty specified in sub-
section (1), and may also dismiss any member of the Home Guards on the gro und
of conduct which has led to his conviction on a criminal charge.
(3) Notwithstanding anything contained in this Act, the Commandant General or
the Commandant may 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 General or the Commandant, as the case may be, the services of
such member are no longer required.
(4) When the Commandant General or the Commandant passes an order
suspending, reducing, dismissing or fining any member of the Home Guards under
sub-section (1) or sub- section (2) he shall record such order together with the
reasons therefor, and no such order shall be passed by the Commandant General
or the Commandant unless the person concerned is given a reasonable opportunity
to be heard.
(5) (a ) Any member of the Home Guards aggrieved by an order of the
Commandant may appeal against such order to the Commandant General, and any
member of the Home Guards aggrieved by an order of the Commandant General
may appeal against such order to the State Government.
(b) An appeal under clause ( a) shall be filed within thirty days from the date on
which the order is communicated to the member of the Home Guards.
(6) The Commandant General or the State Government, may eith er suo motu or
on application call for and examine the record of any order passed by any officer
subordinate to him or it under this Act for the purpose of satisfying himself or itself
as to the legality or propriety of such order and may pass such order w ith reference
thereto as he or it may think fit.
(7) Any penalty on a member of the Home Guards under this section shall be in
addition to any punishment to which such member is liable under section 10 or any
other law for the time being in force.
10. Punishment.—(1) If any member of the Home Guards on being called out
under section 5, 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 punished with simple imprisonment for a term which may extend to
Home Guards [1962: KAR. ACT 35 818
three months or with fine which may extend to two hundred and fifty rupees or with
both.
(2) If any member of the Home G uards 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 8, he shall, on conviction, be punished with
imprisonment for a term which ma y extend to one month or with fine which may
extend to one hundred rupees or with both.
(3) No proceedings shall be instituted under sub- section (1) or sub- section (2)
without the previous sanction of the Commandant.
(4) A police officer may arrest without warrant any person who commits an
offence punishable under this section.
11. Disciplinary action against Commandant or the Commandant
General.—The State Government may at any time, subject to such rules as may be
prescribed, dismiss, remove, suspend or reduce to a lower post or rank, any
Commandant or the Commandant General, whom it considers to be remiss or
negligent in the discharge of his duty or otherwise unfit for the same and may order
the recovery from the pay or allowances of any such officer of the whole or any part
of any pecuniary loss caused to the State Government by his negligence or breach
of orders.
12. Powers of State Government to make rules. — (1) The State Government
may, by notification in the official Gazette, make rules to carry out the purposes of
this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for or regulate the following matters, namely:—
(a) the exercise by any officer of the Home Guards of the powers conferred by
section 5 on the Commandant and the Commandant General;
1[(aa) the qualification and procedure for selection of Commandants under
sub-section (2B) of section 3 and the terms and conditions of their appointment.]1
1. Inserted by Act 19 of 2003 w.e.f. 22.04.2003
(b) 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) 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) the exercise by members of the Home Guards of any of the powers
exercisable under section 6;
1962: KAR. ACT 35] Home Guards 819
(e) the procedure to be followed in taking disciplinary action agains t the
Commandants or the Commandant General;
(f) generally for giving effect to the provisions of this Act.
(3) Every rule made under this section shall be laid as soon as may be after it is
made, before each House of the State Legislature while it is in session for a total
period of thirty days which may be comprised in one session or in two successive
sessions, and if before the expiry of the session in which it is so laid or the session
immediately following, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without prejudice to t he
validity of anything done under that rule.
13. Members of the Home Guards to be public servants. —The 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.
14. Members of the Home Guards not disqualified from being members of
local authorities.—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 or that he
holds an office of profit under the Government by virtue of his being a member of
the Home Guards.
15. Amendment of
1
[Karnataka Act]
1
4 of 1957. —In section 3 of the
1
[Karnataka]
1
Legislature (Prevention of Disqualification) Act, 1956, after clause ( b),
the following clause shall be inserted, namely:—
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
“(bb) the office of a member of the Home Guards constituted under the
1
[Karnataka]
1
Home Guards Act, 1962;”
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
16. Repeal of certain Acts and savings. —The Bombay Home Guards Act,
1947 (Bombay Act III of 1947), the Mysore Home Guards Act, 1941 (Mysore Act
XIV of 1941), the Madras Home Guards Act, 1948 (Madras Act I of 1948) and the
Coorg Home Guards Act, 1950 (Coorg Act I of 1950) are hereby repealed:
Provided that section 6 of the
1
[Karnataka]
1
General Clauses Act, 1899
(
1
[Karnataka Act]
1
III of 1899) shall be applicable in respect of such repeal and
Home Guards [1962: KAR. ACT 35 820
sections 8 and 24 of the said enactment shall be applicable as if the said Acts had
been repealed and re-enacted by this Act:
Provided further that the members of the Home Guards constituted under any of
the repealed Acts immediately before the coming into force of this Act, shall be
deemed to be the members of the Home Guards constituted under this Act.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
17. Repeal of
1
[Karnataka]
1
Ordinance No. 4 of 1962.—(1) The
1
[Karnataka]
1
Home Guards Ordinance, 1962 is hereby repealed.
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(2) Notwithstanding such repeal anything done or any action taken (including any
notification issued or order, rule or appointment made) under the said Ordinance
shall be deemed to have been done or taken, in the exercise of the powers
conferred by or under this Act, as if this Act were in force on the date on which such
thing was done or action was taken.
1962: KAR. ACT 35] Home Guards 821
KARNATAKA ACT NO 30 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the Fifth day of
September, 2014)
THE KARNATAKA HOME GUARDS (AMENDMENT) ACT, 2014
(Received the assent of the Governor on the second day of September, 2014)
An Act further to amend the Karnataka Home Guards Act, 1962.
Whereas it is expedient further to amend the Karnataka Home
Guards Act, 1962 (Karnataka Act 35 of 1962) for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the Sixty fifth
year of the Republic of India as follows:-
1. Short title and commencement. - (1) This Act may be called the
Karnataka Home Guards (Amendment) Act, 2014.
(2) It shall come into force at once.
Section 3( 2A) is Incorporated in the Principal Act,
By Order and in the name of
the Governor of Karnataka,
S.B. GUNJIGAVI
Secretary to Government
Department of Parliamentary Affairs
* * * *