The MADHYA PRADESH HOME GUARDS ACT, 1947

Madhya Pradesh · state statute

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THE MADHYA PRADESH HOME GUARDS ACT, 1947
(C.P. AND BERAR ACT XV OF 1947)
[7th May, 1947]
CONTENTS
Section:
1. Short title, extent and commencement
2. Definitions
3. Raising of Home Guards
4. Subordination and superintendence
5. Appointment of officers
6. Appointment of Home Guards
7. Duties and training of Home Guards
8. Discharge
9. Uniform
10. Calling out Home Guards
11. Control over Home Guards
12. Powers and protection of Home Guards
13. Penalty
14. Rules
15. Home Guard to be a public servant.

THE MADHYA PRADESH HOME GUARDS ACT, 1947
(C.P. AND BERAR ACT XV OF 1947)
[7th May, 1947]
An Act to provide for the constitution of Home Guards.
Preamble .—Whereas it is expedient to create a body of volunteers to
supplement the Police Force 2[and to assist in any general measure of public welfare ]
in 3[Madhya Pradesh ];
It is hereby enacted as follows:
Statement of Objects and Reasons. —Experience has show n that in real
emergencies the ordinary police force is inadequate to deal effectively with the forces
of 1 disorder without fuller assistance and co -operation from the members of the
public. The present unsettled conditions point to the vital necessity of securing such
co -operation and a condition precedent is the inculcation of the habits of self -reliance
and discipline and spirit of civic service among the public. This Bill is designed to
meet this purpose. The “Home Guards” will be a purely volunteer fo rce and will
supplement the ordinary police, to be used in times of emergency for the purpose of
maintaining law and order, the protection of the person and property of the citizen and
public safety. To start with, the force will be raised in 14 places onl y, but it may be
extended to other areas as necessity arises.
1. Short title, extent and commencement. —(1) This Act may be cited as the
Central Provinces and Berar Home Guards Act, 1947.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall be in force in the towns of Jabalpur, Sagar, Khandwa, Burhanpur,
Raipur, Bilaspur, Chhindwara and Betul and in all such revenue districts of Madhya
Pradesh, in which this Act or any law corresponding to it was in force immediately
before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (23 of
1958) and may be brought into force in any other revenue district or part thereof on
such date as the State Government may, by notification in the Official Gazelle,
appoint.
2. Definitions. —In this Act unl ess there is anything repugnant in the subject or
context
(a) “ Home Guard ” means a person who is appointed as such under this Act;
(b) “ Prescribed ” means prescribed by rules made under this Act.
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3. Raising of Home Guards. —(1) In any revenue district or part thereof in
which this Act is in force, the State Government may raise in such manner as may be
prescribed Home Guards who shall discharge such duties in relation to the protection
of the person, the security of property and the public safety 2[and the assistance in any
general measure of public welfare] as may be assigned to them in accordance with the
provisions of this Act and the rules made thereunder.
3[(1 -a) The State Government may, in its discretion, constitute t he Home Guard
raised under sub -section (1) into one or more Forces and may divide any such Force
into one or more branches. ]
4[(2) Every Home Guard shall be formally appointed and the Force or Forces of
the Home Guard, as the case may be, shall consist of such number of the officers and
men as may be ordered by the State Government. ]
(3) The conditions of training and service including an honorarium and board
and lodging of the officers and men of the Home Guard shall be such as may be
prescribed.
4. Subor dination and superintendence. —(1) ‟ [x x x]
(2) The superintendence of the Home Guards throughout 2[Madhya Pradesh]
shall vest in and shall be exercised by the State Government through the Inspector -
General of Police of the State in such manner and to such extent as may be prescribed.
3[(3) The Administration of the Home Guards shall vest in one or more
Commandants -General and such Commandants and other officers as may be appointed
by the State Government. ]
5. Appointment of officers. —(1) The Commandant -General shall be appointed
by the State Government.
(2) The appointment of any Home Guard to an office of command subordinate
to that of the Commandant -General shall be made in such manner as may be
prescribed.
6. Appointment of Home Guards. —(1) Subject to the provisions of this Act
and to the rules made there under any person willing to serve as a Home Guard and
possessing such qualifications as may be prescribed may be appointed a Home Guard.
(2) The appointm ent of Home Guards shall be mad e in such manner and by such
authority as may be prescribed.
(3)(a) Every officer and every man of the Home Guard shall receive on his
appointment a certificate in the form annexed to this Act under the seal of the
Commandant -General in the case of officers and of the Commandant in the case of
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men, by virtue of which the person holding such certificate shall be vested with the
powers and privileges of a Home Guard.
(b) Such certificate shall cease to have effect whenever the person named in it
ceas es to be a Home Guard and on his so ceasing shall within ten days be surrendered
by him to the Commandant -General if he is an officer and to the Commandant in all
other cases.
7. Duties and training of Home Guards. — 4[(1) Every Home Guard shall,
during the period of his training and service in the reserve be bound to perform such
duties as may be prescribed for the time being in relation to the protection of the
person, the security of the property and the public safety and the assistance in any
general mea sure of public welfare. ]
(1 -a) Subject to any rules made in this behalf it shall be the duty of every Home
Guard promptly to obey and execute all orders issued to him by any competent
authority, to collect and communicate to his immediate superior intellig ence affecting
the public safety and to prevent the commission of offences against person or
property.
(2) Subject to any rules made in this behalf a Home Guard may be required to
undergo [training for such period and in such manner as may be prescribed af ter which
he shall serve as a Home Guard for a period of six months which period may be
extended by the State Government to a total period of not more than twelve months if
the State Government considers such extension necessary and shall thereafter serve in
the reserve for a period of three years and while in the reserve shall be liable to be
called out for duty at any time.
2[(2 -A) The Commandant -General may with the written consent of a Home
Guard, extend from time to time the period of service of such Home Guard in the
reserve and thereupon such Home Guard shall serve in the reserve for a further period
of three years and while in the reserve shall be liable to be called out for duty at any
time. ]
8. Discharge. —(1) Every officer and man of the Home Guar ds shall be entitled
to receive his discharge from the Home Guards on the expiration of his period of
service 3[or extended period of service] in the reserve; but any such person may,
before he becomes so entitled, be discharged by such authority and subje ct to such
conditions as may be prescribed.
(2) The prescribed authority may, subject to such conditions as may be
prescribed, dismiss any officer or man from the Home Guards.
9. Uniform. —Officers and men of the Home guards shall wear such uniform as
may be prescribed.
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10. Calling out Home Guards. — 4[(1) The District Magistrate having
jurisdiction over any revenue district or part thereof in which Home Guards are raised
may by an order made in such manner as may be prescribed call out any Home Guard
for the discharge of any duty assigned to the Home Guards in accordance with the
provisions of this Act and the rules made thereunder ].
(2) The District Magistrate may, in cases of emergency, by order in writing,
direct that the power of calling out any Home Guard under sub -section (1) for the
purpose of securing the public safety or preventing the commission of offences against
person or property shall, in such circumstances and under such conditions, if any, as
may be specified in that direction be exercised by any Magistrate not being a
Magistrate of the third class or a police officer not below the rank of a Sub -Inspector
of Police.
(3) The Commandant -General or such officer of the Home guards as may be
authorised by him in this behalf may call out the Hom e guards in any a,rea for the
performance of any duty relating to any general measure of public welfare and
prescribed under sub -section (1) of Section 7.
11. Control over Home Guards. —The Home Guards shall at all times „hen
undergoing training or when ca lled out be under the control and subject to the order of
their officers, and shall when called out be further subject to the general control of
the District Magistrate 1[and where the Home Guard has been called out by an
authority other than District Magi strate, also such authority], in such manner and to
such extent as may be prescribed.
12. Powers and protection of Home Guards. —(1) Subject to the provisions of
this Act or the rules made thereunder a Home Guard when called out under Section 10
shall have the same powers, privileges and protection as an officer of police appointed
under any enactment for the time being in force.
(2) No prosecution shall be instituted against a Home Guard in respect of
anything done or purporting to be done by him in the d ischarge of his duty as Home
Guard, except with the previous sanction of the State Government or some officer
empowered by the State Government in this behalf.
13. Penalty. —(1) Every Home G au rd who is guilty of any violation of duty or
wilful breach or ne glect of any provisions of this Act, or of any rule or lawful order
made by competent authority, or who withdraws from the duties of his office with
permission or who on being required to undergo training under Section 7 or being
called out under Section 1 0 without sufficient cause neglects or refuses to obey the
requirement or the order calling him out, or who is guilty of cowardice or offers any
unwarrantable personal violence to any person in his custody, or who fails within ten
days to surrender his cer tificate under clause (b) of sub -section (2) of Section 6, shall
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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) An offence punishable under sub -section (1) shall be cognizable.
(3) The Commandant -General, the District Magistrate, or, subject to the control
of the Commandant -General, Commandant or an officer not below such rank as may be
prescribed, may, for any act of commission or omission punishable under sub -section
(1), without formal trial, award to any Home Guard below the rank of Commandant,
who is subject to his authority, any of the following punishments, namely, —
(a) Imprisonment in the Quarter Guard of a police line or such other place as
may be considered suitable, for a term which may extend to twenty -eight
days when the order is passed by the Comm andant -General or the District
Magistrate, or to seven days when it is passed by any other officer. Such
imprisonment shall involve th e forfeiture of pay, honorarium and
allowances, if any, for the period of imprisonment;
(b) Punishment drill, extra guard, fatigue or other duty, not exceeding twenty -
eight days induration, with or without confinement to the lines as may be
appropriate.
14. Rules. —(1) The State Government may make rules for carrying 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 all or any of the following matters, namely, —
(a) all matters which are required by this Act to be prescribed;
(b) The exercise by th e Commandant -General or the Commandant or other
officer of the Home Guards of the powers conferred on District
Superintendents of Police Madhya Pradesh;
(c) the organization, appointment, conditions of service, functions,
discipline, arms accoutrements, c lothing and uniform of the Home
Guards and the manner in which they may be called out for service or
required to undergo training; and
(d) the exercise by a Home Guard of any of the powers exercisable under
Section 12 of the Act.
15. Home Guard to be a p ublic servant. —A Home Guard acting in the
discharge of his functions under this Act shall be deemed to be a public servant within
the meaning of Section 21 of the Indian Penal Code, XLV of 1860.
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ANNEXURE
Form of Certificate
[See Section 6 (3)(a)]
Name ………… .
Son of ………………
Caste ……………..
Resident of ………………
has been appointed an officer/a member of the Home Guards under Section 6 (3)(a) of
the Central Provinces and Berar Home Guards Act, 1947 (XV of 1947). When lawfully
on duty, he shall have the same powers, p rivileges and protection as an officer of the
police appointed under any enactment for the time being in force.
Date of appointment ………..
Place ………..
Dated …………….
Commandant -General of the Home Guards, Madhya Pradesh.
Commandant of the Home Guards ……………
SEAL

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