The Kerala Home Guards Act, 1960

Kerala Home Guards Act, 1960
[Act No. 16 of 1960]
[Dated 20.08.1960]
An Act to provide for the constitution of Home Guards in the State of Kerala.
Whereas it is expedient to provide a volunteer organisation for use in emergencies and for
other purposes in the State of Kerala;
Be it enacted in the Eleventh Year of the Republic of India as follows:-
1. Short title, extent and commencement.  - (1) This Act may be called the Kerala Home
Guards Act, 1960.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Home Guards" 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
Commandant. - (1) The Government may constitute 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 this Act and the rules made thereunder.
(2)  The  Government  may  appoint  one  or  more  Commandants  for  the  Home  Guards
constituted under sub-section (1).
(3) The Government may also appoint a Commandant-General of the Home Guards in
whom shall vest the general supervision and control of the Home Guards in the State.
4. 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 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 any such member to any post under his control.
(3) Every member of the Home Guards shall receive a certificate of appointment which shall
be in such form and shall be issued by such authority as may be prescribed.
5. Function, 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 under section 3.
(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  the  Home  Guard~  within  his
jurisdiction in accordance with the provisions of this Act and the rules made thereunder. -
6. Powers, protection 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 Police Act for the time being in force.
(2) No prosecution shall be instituted against a member of the Horne Guards in (respect of
anything done or purporting to be done by him in the exercise of the 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. Home Guards not to resign without notice. - A member of the Home Guards may, if he
so desires, resign his membership thereof upon giving not less than one month's notice to
the Commandant within whose jurisdiction he is serving.
9. 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,
accouterments, 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  Superintendent  of  Police  or  Assistant
Superintendent of Police, may Issue a warrant to search for and seize, wherever they may
be  found,  any  certificate,  arms,  accouterments,  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, 1838, by a Police Officer or 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.
10.  Punishment  of  members  for  neglect  of  duty,  etc. -  (1)  The  Commandant  may
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 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 for the performance of his functions and duties or is guilty of any
breach of discipline or misconduct. The Commandant-General shall have the like authority in
respect of any member of the Home Guards appointed to a post under his control and may
also dismiss any member of the Home Guards on the ground of conduct which has led to his
conviction on a criminal charge.
(2) Notwithstanding anything 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 the opinion of the Commandant the service 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 control.
(3)  When  the  Commandant-General  or  the  Commandant  passes  an  order  suspending
reducing dismissing, or fining any member of the Home Guards under this section, he shall
record such order or cause the same to be recorded together with the reasons therefor 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.
(4) 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 Government, within
thirty days of the date in which he was served with notice of such officer. The Commandant-
General or the Government, as the case may be, may pass such order as he or they think fit.
(5) The Commandant-General or the Government may at any time either  suo motu or on
application, call for and examine the record of any order passed by the Commandant or
Commandant-General, respectively, under the section, for the purpose of satisfying himself
or themselves as to the legality or property 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 they think fit.
(6) Every order, if no appeal is made therefrom as herein before provided, and every order
passed in appeal or revision under this section, shall be final.
(7) Any fine imposed under this section may be recovered in the manner provided by the
Code of Criminal Procedure, 1898 for the recovery of fines imposed by a Court, as if such
fines were imposed by a Court.
(8) 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 11 or any other law for
the time being in force.
11. Penalties. - (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 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.
(2) If any member of the Home Guards wilfully neglects or refuses to deliver up his certificate
of  appointment  or  of  office  or  and  other  article  in  accordance  with  the  provisions  of
subsection (1) of section 9, 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.
(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.
12.  Disciplinary  action  against  Commandant  or  the  Commandant-General. -  The
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 they think 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 part of any pecuniary loss caused to the Government by his negligence or breach
of orders.
13. Power of Government to make rules.  - (1) The Government may by notification in the
Gazette, make rules consistent with this Act for giving effect to the purposes thereof.
(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;
(b) the exercise of control by officers of the police force over members of the Home Guards
when acting in aid oi the police force;
(c)  the  organisation,  appointment,  conditions  of  service,  functions,  discipline,  arms,
accouterments 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 of this Act;
(e) the procedure to be followed in taking disciplinary action by the Government against the
Commandants or the Commandants-General under section 12; and
(f) generally fer giving effect to the provisions of this Act.
(3) All the rules made under this section shall be laid for not less than fourteen days before
the Legislative Assembly as soon as possible after they are made, and shall be subject to
such modification as the Legislative Assembly may make during the session in which they
are so laid or the session immediately following. ,
14. Officers and members of Home Guards to be public servants.  - The officers and 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.
15. Officers and members of Home  Guards not disqualified from elections to the
Legislative Assembly or Local Authorities.  - (1) A person shall not be disqualified for
being chosen as and for being a member of the Legislative Assembly merely by reason of
the fact that he is an officer or a member of the Home Guards.
(2) Notwithstanding anything contained to the contrary in any other law for the time being in
force, an officer or 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 an
officer or a member of the Home Guards.
16. Repeal. - The Madras Home Guards Act, 1948 (Act 1 of 1948) as in force in Malabar
district referred to in sub-section (2) of section 5 of the States Reorganisation Act, 1956, is
hereby repealed.

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