The rajasthan home guards act, 1963

RAJASTHAN HOME GUARDS ACT, 1963 
 660 
THE RAJASTHAN HOME GUARDS ACT,1963 
(Act, No 9 of 1963) 
 
 
(Published in the Rajasthan Gazette, Part IV -A Extraordinary dated the 5th April, 
1963) 
 
C  O  N  T  E  N  T  S 
 
1. Short title, extent and commencement. 
2. Constitution of Home Guards and appointment of C ommandant General, 
Deputy Commandant General and Commandant. 
3. Appointment of members. 
4. Functions and duties of members. 
5. Powers, protection and control. 
6. Control by officers of police force. 
7. Certificate, arms etc. to be delivered by person ceasing to be a member. 
8. Punishment of members for neglect of duty etc. 
9. Penalty. 
10. Rules. 
11. Members of Home Guards to be public servants. 
12. Home Guards not disqualified from contesting elections to the State 
Legislature of local bodies. 
13. Repeals. 
 
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THE RAJASTHAN HOME GUARDS ACT, 1963 
(Act, No 9 of 1963) 
 
(Received the assent of the Governor on  the 5th April, 1963) 
 
 An Act to provide for the constitution of Home Guards for use in emergencies 
and for other purposes in the State of Rajasthan. 
 
 Be it enacted by the Ra jasthan State Legislature in the Fourteenth Year of the 
Republic of India as follows :-  
 
1. Short title, extent and commencement-  (1) This Act may be called the Rajasthan 
Home Guards Act, 1963. 
(2) It extends to the whole of the State of Rajasthan. 
(3) It shall come into force at once. 
 
2. Constitution of Home Guards and appointment of Commandant General, 
Deputy Commandant General and Commandant - (1) The State Government 
shall, by notification for such areas of the State as it may consider expedient, 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 pubic safety as may be assigned to them in accord ance with the 
provisions of this Act and the rules made thereunder.  
RAJASTHAN HOME GUARDS ACT, 1963 
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(2) The State Government shall appoint a Commandant of each of the Home 
Guards constituted under sub-section (1) 
 
 
(3) The State Government shall also appoint a Commandant General of Home 
Guards in whom shall vest the ge neral supervision and control of Home Guards 
throughout the State of Rajasthan. 
 
 
(4)  The State Government may also appoint a Deputy Comman dant General of 
Home Guards, who shall, subject to the supervision and control of the 
Commandant General, exercise the powers conferred on the Commandant General 
in such circumstances as the Commandant General may specify. 
 
 
3. Appointment of the 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 State Government, and may appoint  any such members to any 
office of Command in the Home Guards. 
 
 
(2) Notwithstanding anything contained in sub -section (I) t he Commandant 
General may, subject to the approval of the State Government appoint any such 
member to any post under his immediate control. 
 
 
 
 4. Functions and duties of members - (1) The Commandant may at any time call 
out a member of Home Guards for tra ining or to discharge any of the functions or 
duties assigned to the Home Guards in accordance with the provisions of this Act 
and the rules made thereunder.  
 
 
(2) The Commandant General may in an emergency call out a member of the 
Home Guards for training or to discharge any of the said functions or duties in any 
part of the State of Rajasthan. 
 
 
5.  Powers, protection and control - (1) A member of the Home Guards when called 
out under section 4 shall have the same powers, privileges and protection as an 
officer of police appointed under any Act.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 of  duties as su ch member except with the previous sanction of the 
District Magistrate. 
 
 
6.  Control by officers of police force - (1) The member of the Home Guards when 
called out under section 4 in aid of the police force shall be under the control of 
the officers of t he police force in such manner and to such extent as may be 
prescribed by rules made under section 10. 
 
 
7.  Certificate arms etc. to be delivered to person ceasing to be a member. - (1) 
Every person who for any reason ceases to be a member of the Home Guards shall 
RAJASTHAN HOME GUARDS ACT, 1963 
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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, 
accoustrement, clothing and other necessaries which have been furnished to him 
as such ember.  
 
(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 Inspector General of 
Police may issue a warrant to search for and seize, wherever they may be found, 
any certificate, arms, accou strements, clothing and other necessaries not so 
delivered up. Every warrant so issued shall be executed in accordance with the 
provisions of the Code of Criminal Procedure, 1898 (Central Act V of 1898), 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. 
 
8. Punishment of members for neglect of duty etc., - (1) The Commandant General 
shall have the authority to suspend, reduce or dismiss or fine, to an amount not 
exceeding fifty rupees, any member of the  Home Guards, under his cont rol, if 
such member, without reasonable cause, on being called out under section 4 
neglects or refuses to obey such order or to discharge his functions and duties as a 
member of 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 shall also have the authority to dismiss any 
member of the Home Guards on the ground of conduct which has led to his 
conviction for the commission of  an offence involving moral turpitude or an 
offence against this Act. The Commandant General shall have the like authority in 
respect of any member of the Home Guards appointed to a post under his 
immediate control. 
 
(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 
services of such member are no longer required. The Comman dant General shall 
have the like authority in respect of any member of the Home Guards appointed to 
a post under his immediate control. 
 
(3)When the Commandant General or the Commandant passes an order for 
suspending, reducing, dismissing or fining any member of the Home Guards under 
sub-section (1), he shall record such order or cause the same to be recorded, 
together with the reasons therefore and a note of the inquiry made, in writing, and 
no such order shall be passed by the Commandant General or the Co mmandant 
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 rder to the Commandant General and any such member 
aggrieved by an order of the Commandant General may appeal against such order 
to the State Government, within thirty days of the date on which he was served 
RAJASTHAN HOME GUARDS ACT, 1963 
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with notice of such order. The Commandant General or the State Government as 
the case may be, may pass such order as he or it thinks fit. 
 
(5) The Commandant General or the State Government may at any time call for 
and examine the record of any order passed by the Commandant or Commandant 
General, respectively, under sub -section (1) or (2) for the purpose of satisfying  
himself or itself as to the legality or propriety 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 it thinks fit. 
 
(6) Every order if no appeal is made therefrom as hereinbefore 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 (Central Act V of 1898), for t he 
recovery of fines imposed by a Court 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 penalty to which such member is liable under section 9 
or any other law for the time being in force. 
 
9.  Penalty.- (1) If any member of the Home Guards, on being called out under 
section 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 up 
his certificate of appointment or of office or any other article, in accordance with 
the provisions of sub-section (1) of section 7, 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 sub-section (1) or sub-section (2). 
 
 
 
10. Rules.- (1) The State Government may make rules consistent with this Act.-- 
 
(a) providing for the exer cise by any officer of the Home Guards of the powers 
conferred by section 4 on the Commandant and the Commandant General; 
 
(b) providing for the exercise of control by officers of the police force over 
members of the Home Guards when acting in aid of the police force; 
RAJASTHAN HOME GUARDS ACT, 1963 
 664 
(c) regulating the organization, appointment, conditions of service, functions, 
discipline, arms accoustrements and clothing of members of the Home Guards and 
the manner in which they may be called out for service; 
(d) regulating the exercise by members of the Home Guards of any of the powers 
exercisable under section 5 of this Act; 
(e) generally for giving effect to the provisions of this Act. 
(2) All rules finally made under this Act shall be laid, as soon as may be after they 
are so made, be fore the House of State Legislature, while it is in session, for a 
period of not less than fourteen days which may be comprised in one session or in 
two successive sessions and if, before the expiry of the session in which they are 
so laid or of the sessio n immediately following, the house of the State Legislature 
makes any modification in any of such rules or resolves that any such rule should 
not be made, such rule shall thereafter have effect only in such modified form or 
be of no effect as the case may be, so however they any such modification or 
annulment shall be without prejudice to the validity of anything previously done 
there under.  
11. 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. 
12. Home Guards not disqualified from contesting elections to the  
State Legislature or local bodies. -(1) A member of the Home Guards shall not 
be disqualified for being chosen as, and for being a member of the Rajasthan 
Legislative Assembly merely by reason of the fact that he is member of the Home 
Guards. 
(2) 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.   
13. Repeals.- (1) The Bombay Home Guards Act, 1947, in so far as it extends to the 
Abu area, and all other corresponding laws in fo rce in any other part of the State 
are hereby repealed. 
(2) The Rajasthan Home Guards Ordinance, 1962 (Rajasthan Ordinance 2 of 
1962) and the Rajasthan Home Guards (Amendment) Ordinance, 1962 (Rajasthan 
Ordinance 3 of 1962) are hereby repealed.  
(3) Notwithstanding such repeal, all rules made, anything done or any action taken 
in exercise of the powers conferred by or under the said Ordinances shall be 
deemed to have been made, done or taken in exercise of the powers conferred by 
or under this Act. 
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