The ORISSA HOME GUARDS ACT, 1961

* [Published vide Orissa Gazette Ext. 18.11.1961, O.A. No. 22/1961. For Statement
of Objects and Reasons, see Orissa Gazette Ext. No. 642/18.9.1961.]
THE ORISSA
HOME GUARDS ACT, 1961
An Act to provide for the constitution of the Home Guards in the
State of Orissa.
WHEREAS it is expedient to provide a Volunteer Organization for use
in emergencies and other purposes in the State of Orissa;
It is hereby enacted by the Legislature of the State of Orissa in the
Twelfth Year of the Republic of India as follows:
1. Short title, extent and commencement:– (1) This Act may be
called the Orissa Home Guards Act, 1961.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force in such areas and on such date [The Act
came into force with ef fect from the 21st November , 1962 vide
Notification No. 3152/21.1 1.1962, Published in the O.G .E.No. 675/
22.11.1962.] as the State Government may, by notification, appoint and
different dates may be appointed for different areas.
2. Constitution of Home Guards and appointment of
Commandant-General and Commandant:–  (1) The State Government
shall constitute for the areas notified under Sub-sec. (3) of Section 1 a
volunteer body called the Home Guards, the member of which shall
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 642 Dated. 18 September, 1961
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discharge such functions and duties in relation to the protection of persons,
the security of property and public safety and for such other functions as
may be assigned to them in accordance with the provisions of this Act
and the rules made there under.
(2) The State Government shall appoint a Commandant-General
of the Home Guards in whom shall vest general supervision and control
of the Home Guards in the S tate and may also appoint a Deputy
Commandant-General to whom the Commandant -General may delegate such
of his powers as he may consider necessary for supervision, control and training
of the Home Guards.
(3) The State Government shall also appoint a Commandant for the
Home Guards in each district.
3. Appointment of Members :–  (1) Subject to the approval of the
Commandant-General, the Commandant may appoint as members of
the Home Guards within his jurisdiction 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-sec. (1) the
Commandant General may appoint any such member to any such office
as aforesaid under his control.
CASE REFERRED : Sections 3, 4, 5 read with Rule 17 of the
Orissa Home Guards Rules, 1962 - Home Guard - While on duty performs
the power of a Police Officer-Provisions discussed: 67 (1989) CLT 116 :
1989 Cri.LJ 1566.
4. Calling out a member  of the force :–  (1) The Commandant-
General or the Commandant within the district under his jurisdiction
may, subject to the provisions of Sub-secs. (2) and (3) call upon any
member of the Home Guards for training or .for discharging any function
assigned to him by or under this Act.
(2) The District Magistrate or subject to his control the
Superintendent of Police, may at any time call upon the District
Commandant in such circumstances and in such manner as may be
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prescribed, to mobilize any Unit within the district or a detachment of such
Unit under his jurisdiction for the purpose of maintenance of law and order.
(3) Whenever the services of any such unit or detachment are
requisitioned under Sub-sec. (2) the requisitioning authority shall
communicate the action taken by it to such authority as may be prescribed
by rules made in that behalf.
5. Powers, privileges and protection of the force :–  A member
of the Home Guards when called out under Sec. 4 shall have the same
powers privileges and protection as an Officer of Police appointed under
any law for the time being in force.
(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 or duties as such member except with the
previous sanction of the Commandant-General.
CASE REFERRED : (1988) 1 OCR 594.
6. Control by officer of Police Force :–  The members of the Home
Guards when called out under Sec. 4 in aid of the Police Force shall
exercise such powers and shall be under the control of the officers of the
Police Force in manner and to such extent as may be prescribed by rules
made under this Act.
7. Certificate, arms, etc. to be delivered up by person ceasing
to be member of the Home Guards :–  (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 places as the
Commandant may direct, his certificate of appointment or of office and
the arms, accoutrements, clothing and other necessities furnished to him
as such member.
(2) Any Magistrate, or after recording his reasons in writing any
Police-officer not below the rank of Assistant or Deputy Superintendent
of Police, may issue a warrant to search for and seize wherever they may
be found, and certificate, arms, accoutrements, clothing or other
necessaries not so delivered and every warrant so issued shall be executed in
accordance with the provisions of the Code of Criminal Procedure, 1898 (5
of 1898) by a Police-officer or if the Magistrate or the Police-officer issuing
the warrants so directs, by any other person,
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8. Punishment of members for neglect of duties, etc.:–  (1)Subject
to the rules made in that behalf the Commandant shall have the authority to
suspend, reduce in rank, dismiss or fine up to an amount not exceeding fifty
rupees, any member of the Home Guards under his control, if such member
without reasonable cause, on being called out under Sec. 4 neglects or refuses
to obey such order or to discharge his functions and duties as a member or
the Home Guards or to obey any lawful order or direction given to him for the
performance of his functions or duties or is guilty of any breach of discipline
or misconduct; and the Commandant-General shall have the like authority in
respect of any member of the Home Guards under his control and shall further
have the authority to dismiss any member of the Home Guards and on the
ground of conduct which has led to his conviction for an offence involving
moral turpitude.
(2) Notwithstanding anything contained in this Act the Commandant
shall have the authority to discharge any member or the Home Guards at any
time subject to such condition as may be prescribed by rules made under this
Act, if in the opinion of the Commandant the services of such member are no
longer required and the Commandant-General shall have the like authority in
respect of any member of the Home Guards under his control.
(3) When the Commandant-General or the Commandant passes an
order suspending, reducing in rank, fining or dismissing any member of the
Home Guards under Sub-sec. (1) he shall record such order with the reasons
therefore and a note of the enquiry in writing and no such order shall be
passed by the said Commandant or Commandant-General unless the person
concerned has been given an opportunity of being heard in his defense.
(4) Any member of the Home Guards aggrieved by an order of the
Commandant or Commandant-General made under Sub-see, (1) may
appeal against such order to the State Government or such authority as
may be prescribed by rules made in that behalf within thirty days of the
date on which he was served with notice of such order and the State
Government or the authority, as the case may be, after hearing the appellant
may pass such orders as may be considered fit.
(5) The Commandant-General or the State Government may at any
time call for an examination of the record of any order passed by the
Commandant under Sub-sec. (1) for the purpose of satisfying themselves
as to the legality or propriety of such order and pass such order as he or
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they think fit.
(6) Every order, if no appeal is preferred 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 (5 of 1898)
as if such fine 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 punishment to which such
member in liable under Sub-sec. (1) of Section 9 or any other law for the
time being in force.
9. Award of punishment :– (1) If any member of the Home Guards,
on being called out under Sec. 4, 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 willfully neglects or refuses
to deliver his certificate of appointment or office or any other article in
accordance with the provisions of Sub-sec. (1) of Section 7, he shall, on
conviction, be punishable 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-sec. (1) or Sub-
sec. (2) without the previous sanction of the Commandant-General.
(4) A Police-officer may arrest without warrant any person who commits
an offence punishable under Sub-sec. (1) or Sub-sec. (2).
10. 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 all or any of the following
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matters, namely: (a) the exercise by any officer of the Home Guards of the
powers conferred by Section 4 on the Commandant and Commandant-
General;
(b) the exercise of control by of ficers of the Police Force over
members of the Home Guards ,when acting in aid of the Police Force;
(c) the Organization, 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; and
(d) any other matter required, or expressly or impliedly authorized,
by this Act to be prescribed by rules.
11. Home Guards to be public servants:–  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 (45 of 1860).
12. Home Guards not disqualified from contesting elections to
State Legislature or Local bodies :–  Notwithstanding anything to the
contrary contained in any other law for the time being in force a member
of the Home Guards shall not be disqualified for being chosen as or for
being a member of the Orissa Legislative Assembly or of any local
authority merely by reason of the fact that he is a member of the Home
Guards.
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