The West Bengal Home Guards Act, 1962

GOVERNMENT OF WEST BENGAL 
a. Act of 1866. 
a. Act of 1866. 
LEGISLATIVE DEPARTMENT 
West Bengal Act XI of 1962 
THE WEST BENGAL HOME GUARDS ACT, 1962. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, Ex. 
traordinary, of the 14th December, 1962.] 
[14th December, 1962.] 
An Act to provide for the constitution of Home Guards in 
West Bengal. 	 • 
WHEREAS it is necessary to provide for the constitution 
of Home Guards in West Bengal); 
It is hereby enacted in the Thirteenth Year of the 
Republic of India, by the Legislature of West Bengal, as 
follows :- 
Guards Act, 1962. 	 and extent. 
1. (1) This Act may be called the West Bengal Home Short title 
(2) It extends to the whole of West Bengal. 
2. In this Act, unless there is anything repugnant in Defini- 
the subject or context,— 	 tions. 
(1) "Calcutta" means the town of Calcutta as defined 
in section 3 of the Calcutta Police Act, 1866 
together with the suburbs oif the town of 
Calcutta as defined by notification under, section 
1 of the Calcutta Suburban Police Act, 1866; 
n. Act 	 (2) "district" means a Zilla referred to in the Bengal 
of 1864. 	 Districts Act, 1864, but does not, in the case of 
the district of 24,Parganas, include any area 
n. Act 	 comprised in the suburbs °If the town of Calcutta 
of 1866. 	 as defined by notification under section .1 of the 
Calcutta Suburban Police Act, 1866; 
(3) "Home Guard" means a Home Guard constituted 
under section 3. 
3. The Superintendent of Police in a district or the 
Commissioner of Police in Calcutta may constitute for the 
district or Calcutta, as the case may be, a body to be called 
[the Home Guard, the members of which shall discharge 
such functions in relation to the protection. of persons, the 
security of property or the public safety as may be 
assigned to them in accordance with the provisions of this 
Act and the rules made thereunder. 
Pris4--Indian, 12 nP.; English, 3d. 
Constitu-tion of Home Guards. 
2 	 The West Bengal Home Guards Act, 1962. 
[West Ben. Act 
Appoint- 
ment of 
members. 
Functions 
of mem-
bers. 
Powers, 
protection 
and control 
Control by 
officers of 
police 
force. 
Penalty. 
Rules. 
(Sections 4-9.) 
4. The Superintendent of Police in a district or the 
Commissioner of Police in Calcutta may appoint as members 
of the Home Guard so many persons, who are fit and willing 
to serve as such, as he is authorised by the State Government 
'to appoint and may appoint any such member to any office 
oif command in the Home Guard. 
5. The Superintendent of Police in a district or the 
Commissioner of Police in Calcutta may at any time call 
out a member of the Home Guard for training or to discharge 
any of the functions assigned to the Home Guard in accord-
ance with the provisions of this Act and the rules made 
thereunder. 
6. (1) A member of the Home Guard when called out 
under section 5 shall have the same powers, privilege s  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 Guard in respect Of anything done or purport-
ing to be done by him in the discharge of his functions as 
such member, except with the previous sanction in a 
district of the District Magistrate, or in Calcutta of the 
Commissioner of Police. 
7. The members of the Home Guard when called oul 
under section 5 directly in aid of the police force shall be 
under the control of the officers of such force, in such 
manner and to such extent as may be prescribed by rules 
made under section 9. 
S. If any member of a Home Guard, on being called 
lout under section 5, without sufficient excuse neglects or 
refuses to obey such order or to discharge his functions as 
a member of the Home Guard or to obey any lawful order or 
direction given to him for the performance of his duties, 
he shall, on conviction by a competent Court, be punishable 
with fine which may extend to fifty rupees. 
9. The State Government may make rules) consistent 
with this Act providing for :— 
(a) the exercise of control by officers of the police 
force over members ofl the Home Guard when 
acting directly in aid of the police force; 
(1)) the organisation, appointment, training, conditions 
of service, duties, discipline, arms, accoutre-
ments and clothing of members of the Home 
Guard and the manner in which they may be 
called out for service; 
The West Bengal Home Guards Act, 1962, 	 3 
XI of 1962j 
(Section 10.) 
(c) allowances, if any, payable to the members of the 
Home Guard and the conditions subject to which 
such allowances may be paid; 
(d) conferment on members of the Home Guard of such 
power s  exercisable by a police officer or such 
other person under any Central or State Act for 
the time being in force as the State Government 
may think fit; 
generally giving effect to the provisions of this Act. 
West Ben. 
Ord. XI of 
1962. 
10. (1) The West Bengal Home Guards Ordinance, 
1962, is hereby repealed. 
(2) Anything done or any action taken under the 
West Bengal Home Guards Ordinance, 1962, shall be 
deemed to have been validly done or taken under this Act 
as if this Act had commenced on the 11th day of November, 
1962. 
Repeal and 
savings. 
(e)  
WBGP-6314-449A-5M 

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