LexThe Telangana Home Guards Act, 1948.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGNA HOME GUARDS ACT, 1948.
(ACT NO. I OF 1948.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Constitution of Home Guards and appointment of
officers.
4. Appointment and removal of Home Guards.
5. Period of service and discharge.
6. Calling out of Home Guards.
7. Powers, privileges and protection of Home Guards.
8. Control by Officers of Police force.
9. Penalties.
10. Rules.
11. Home Guards to be public servants.
12. ...
THE TELANGNA HOME GUARDS ACT, 1948.1
ACT No.I OF 1948.
1. (1) This Act may be called, 2[the Telangana Home
Guards Act, 1948].
(2) It extends to the whole of the 2[State of Telangana].
(3) (a) This section shall come into force at once in the
whole of the State.
(b) The rest of this Act shall c ome into force at once
in the districts of East Godavari, West Godavar i, Krishna,
Guntur, Kurnool, Anantapur, Cuddapah and Nellore.
(c) The State Government, may, by notification in the
2[Telangana Gazette,] extend the rest of this Act to any other
area in the State with effect from such date as may be
specified in the notification.
2. In this Act, unless there is anything repugnant in the
subject or context-
(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.
1. The Andhra Pradesh Home Guards Act, 1948 in force in the combined
State, as on 02.06.2014, has been adapted to the State of Telangana,
under section 101 of the Andhra Pradesh Reorganisation Act, 2014
(Central Act 6 of 2014) vide. the Telangana Adaptatio n of Laws Order,
2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.I of 1948]
3. (1) The State Government may constitute for each of
the areas specified in section 1 (3) (b), and for each of the
other areas notified under section 1 (3) (c), a volunteer body
called the “Home Gu ards”, every member of which shall
have such powers and discharge such duties in relation to
the protection of persons, the security of property, and the
preservation of public order or tranquility as may be
assigned to him by or under this Act.
(2) The State Gover nment or any person empowered
by them in this behalf may appoint as man y officers as the
State Government may consider necessary for the proper
governance and conduct of the Home Guards; one of the
officers so appointed may be Commandant for all the Home
Guards of the State.
4. (1) Subject to the provisions of this Act and the rules
made thereunder, any person possessing the prescribed
qualifications and willing to serve may b e appointed as a
Home Guard by such authority and in such manner as may
be prescribed.
(2) Every Home Guard shall 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.
(3) The prescribed authority may, subject to such
conditions as may be prescribed, suspend, dismiss or
remove any Home Guard from his office; and thereupon the
certificate received by him shall cease to have effect.
5. A Home Guard shall be bound to serve the State
Government for such period and in such areas as may be
prescribed, but he may be discharged at any time by such
Constitution of
Home Guards and
appointment of
officers.
Appointment and
removal of Home
Guards.
Period of service
and discharge.
[Act No.I of 1948] 3
authority and subject to such conditions as may be
prescribed.
3[6. The Commissioner of Police in the Cities of Hyderabad
and Secunderabad, and the District Superintendent of
Police in the district concerned may, at any time, call out in
such manner and through such officer as may be
prescribed, any Home G uard for the cities aforesaid or
district as the case may be, for training or for discharging
any duties assigned to him by or under this Act.]
7. (1) A Home Guard, when called out under section 6
shall have the same powers, privilege s and protection as an
officer of the Police appointed under 4[the Hyderabad City
Police Act (Act IX of 1348 F ) or the 5[Andhra Pradesh
(Andhra Area) District Police Act, 1859,] as the case may
be.]
(2) No prosecution shall be instituted against a Home
Guard in respect of any act done or purporting to be done in
the exercise of his powers or the discharge of his duties as
such, except with the previous sanction 6[of the
Commissioner of Police in the Cities of Hyderabad and
Secunderabad and of the Distric t Superintendent of Police
in the district concerned.]
3. Substituted for original section by section 3 of and the Schedule to
the Andhra Pradesh Extension of Laws Act, 1958 ( Andhra Pradesh Act
XXIII of 1958).
4. Substituted for the expression “the Madras District Police Act, 1859 ”
by section 3 of and the schedule to the Andhra Pradesh Extension of
Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).
5. Substituted for the original short title by the First Schedule to the
Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra
Pradesh Act IX of 1961) and Andhra Area Act.
6. Substituted by section 3 of and the Schedule to the Andhra Pradesh
Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).
Calling out of
Home Guards.
Powers, privileges
and protection of
Home Guards.
4 [Act No.I of 1948]
8. A Home Guard, when called out under section 6 in aid
of the police force, shall be under the control of the offi cers
of the police force in such manner and to such extent as
may be prescribed.
9. (1) If any Home Guard, without sufficient cause,
neglects or refuses to obey the orders of any superior
authority or officer, or fails to discharge any other duty, or
deserts his post, or is guilty of any wilful breach or neglect of
any provision of this Act or any of rule or lawful order made
or issued thereunder by a competent authority, he shall be
punishable with simple imprisonment for a term which may
extend to three months or with fine which way extend to two
hundred and fifty rupees or with both.
(2) No prosecution shall be instituted against any
Home Guard for any offence punishable under sub -section
(1), without the previous sanction of an officer empowered
by the State Government in this behalf.
(3) An offence punishable under sub -section (1) shall
be cognizable.
10. (1) The State Government may, by notification in the
7[Telangana 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) all matters required or allowed by this Act to be
prescribed;
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Control by
Officers of Police
force.
Penalties.
Rules.
[Act No.I of 1948] 5
(b) the exercise by any police officer or any officer of
the Home Guards of the powers confer red by section 6 on
8[the Commissioner of Police, or the District Superintendent
of Police concerned, as the case may be;]
(c) the exercise of control by officers of the police
force over Ho me Guards when acting in aid of the police
force;
(d) the organization, appointment, discipline, training,
arms, accoutrements and clothing, conditions of service,
powers, and duties of Home Guards;
(e) the exercise by Home Guards of any of the
powers exercisable under section 7, sub-section (1).
11. Home Guards acting in the exercise of their powers or
the discharge of their duties under this Act shall be deemed
to be public servants within the meaning of section 21 of the
Indian Penal Code.
12. [Repealed by section 2 of, and the First Schedule to
the Madras Act XI of 1952.]
* * *
8. Substituted by section 3 of, and the Schedule to, the Andhra Pradesh
Extension of Laws Act, 1958 (Andhra Pradesh Act XXIII of 1958).
Home Guards to
be public
servants.
Central Act 45 of 1860.