The West Bengal National Volunteer Force Act, 1949

..,L•771 ,01\ 
West Bengal Act I of 1949 
West Ben. Ord. XII of 1948. 
Ben. Act IV of 1866. 
Ben. Act II of 1866. 
THE WEST BENGAL NATIONAL VOLUNTEER FORCE 
ACT, 1949. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
of the 24th February, 1949.] 
An Act to provide for the constitution of a National 
Volunteer Force in West Bengal. 
WHEREAS it is expedient and necessary to provide for 
the constitution of a National Volunteer Force in West 
Bengal by enrolment therein of the citizens of the Dominion 
of India or subjects of an Acceding State or persons having 
permanent domicile in West Bengal who may offer them-
selves for such enrolment, for service during a period of 
emergency and for such other purposes as the Provincial 
Government may think fit; 
It is hereby enacted as follows :- 
1. (1) This Act may be called the West Bengal Short title, 
National Volunteer Force Act, 1949. 	 extent and  
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on the date on which the 
West Bengal National Volunteer Force Ordinance, 1948, 
ceases to operate. 
2. In this Act, unless there is anything repugnant in Definitions. 
the subject or context,— 	 • 
(a) "Advisory Committee" means the Provincial 
Advisory Committee, the District Advisory Com-
mittee or the Unit Advisory Committee consti-
tuted under section 15; 
(b) "Calcutta" means the town of Calcutta as defined 
in section 3 of the Calcutta Police Act, 1866, 
together with the suburbs of Calcutta as defined 
by notification under section 1 of the Calcutta 
Suburban Police Act, 1866; 
(c) "Force" means the West Bengal National Volunteer 
Force ; 
(d) "Officer" means an officer appointed under this Act; 
(e) "prescribed" means prescribed by rules made under 
this Act; 
(f) "subordinate other ranks" means subordinate other 
ranks appointed under this Act; and 
(g) "volunteer" means a person enrolled as a member 
of the West Bengal National Volunteer Force. 
3. The Provincial Government may raise and maintain Constitu-
a volunteer force to be called the West Bengal National tion of 
Volunteer Force and for that purpose enrol persons as the 
volunteers from Calcutta and elsewhere in West Bengal: 
	National Volunteer 
Provided that the Provincial Government may establish Force. 
all or any of the units of the Force as and when necessary. 
commence-ment. 
2 The West Bengal National Volunteer Force Act, 1949. 
[W. Ben. Act 
(Sections 4-8.) 
4. A volunteer, when called upon for duty, shall 
discharge such functions in relation to the protection 
of persons, the security of property and the preservation of 
the public peace in any area within West Bengal and such 
other functions as may be assigned to him by or under this 
Act. 
5. The Provincial Government or any person empowered 
in. this behalf by the Provincial Government may appoint 
a Provincial Commandant of the Force and such other 
officers and such subordinate other ranks for, and for any 
unit of, the Force as the Provincial Government may con-
sider necessary and may prescribe the powers and duties of 
such officers and subordinate other ranks in addition to the 
powers and duties conferred by this Act. Every officer and 
subordinate other rank shall have the privileges and protec 
tion conferred on an officer or subordinate other rank by or 
under this Act. 
Functions. 
Appoint-
ment of 
officers and 
subordi-
nate other 
ranks. 
Officers 8. There shall be the following classes of officers and 
and suhor- subordinate other ranks in the Force, namely :— 
dinate 
other ranks 
in the 	 Officers. 
Force. (1) Provincial Commandant, 
(2) Deputy Provincial Commandant, 
(3) District or Unit Commandant, 
(4) Company Commander. 
Subordinate other ranks. 
(1) Platoon Commander, 
(2) Section Commander. 
7. Notwithstanding anything contained elsewhere in 
this Act, the Provincial Government may, by notification 
in the Official Gazette, direct that one or more corps or units 
of the Force be constituted or formed for any particular 
region within West Bengal or for any specified purpose. 
8. (1) Any citizen of the Dominion of India or any sub-
ject of an Acceding State or any person having a permanent 
domicile in West Bengal who may offer himself for enrol-
ment in the Force and who satisfies the prescribed conditions 
may be eligible for enrolment therein by such authority, 
in such manner and for such period not exceeding five years 
as may be prescribed. 
(2) Every volunteer shall receive a certificate of appoint-
ment in the prescribed form and such certificate shall be 
issued by such authority as may be prescribed and thereupon 
he shall have the powers, privileges and protection conferred, 
and shall discharge the duties imposed, on a volunteer by or 
under this Act. 
(3) Every volunteer enrolled under this Act shall under-
go such preliminary and periodical training as may be 
prescribed. 
Constitu-
tion of any 
separate 
unit of the 
Force. 
Enrolment 
and remo-
val of a 
member of 
the Force. 
The West Bengal National Volunteer Force Act, 1949. 3 
1 of 1949j 
(Sections 9-13.) 
(4) Every person enrolled as a volunteer under this Act 
shall be entitled to receive a certificate of discharge in the 
prescribed form on the expiration of the period for which 
he was enrolled and any such person may, prior to the 
expiration of that period, be discharged by such authority 
subject to such conditions as may be prescribed, and shall 
be so discharged on the recommendation of the Advisory 
Committee in this behalf. 
(6) The prescribed authority may, subject to such con-
ditions as may be prescribed,— • 
(a) suspend, discharge, dismiss or remove any volunteer 
from his office and thereupon the certificate 
referred to in sub-section (2) shall cease to have 
effect, or 
(b) disband any unit constituted under this Act and 
thereupon every volunteer of such unit shall vacate 
office. 
9. Every person enrolled as a volunteer under this Act 
may be posted for any period to any unit of the Force and 
thereupon he shall be bound to serve in the said unit for that 
period. 
10. (1) The Commissioner of Police in Calcutta and the 
District Magistrate elsewhere may at any time call upon, in 
such manner and through such officer as may be prescribed, 
any volunteer in their respective jurisdictions, for discharg-
ing any ,functions assigned to him by or under this Act. 
(2) Any authority specified in sub-section (1) may at 
any time call upon the District or Unit Commandant, in 
such manner as may be prescribed, to mobilise any unit or 
a detachment of a unit under its jurisdiction for the purpose 
of maintenance of law and order. 
(3) Whenever the services of any volunteer or a 
unit or the detachment of a unit are requisitioned, the 
requisitioning authority shall communicate the action taken 
by it to such authority as may be prescribed. 
11. (1) A volunteer, when called upon for duty under 
sub-section (1) of section 10, shall have the same powers, 
privileges and protection as. a Police Officer appointed under 
any Act for the time being in force. 
(2) No prosecution shall be instituted against an officer or 
a subordinate other rank or a volunteer in respect of any-
thing done or purported to be done in exercise of his powers 
or in the discharge of his duties as such, except with the 
previous sanction of the Commissioner of Police in Calcutta 
or the District Magistrate elsewhere. 
Posting of 
a volunteer 
to a Unit. , 
Calling out 
of a mem-
ber of the 
Force. 
Pow ors, 
privileges 
and pro. 
tection of 
the Force. 
12. A volunteer, when called upon for duty under sub-. Control by section (1) of section 10 to aid the Police Force, shall work officers of 
under the orders of or be under the control of such officers the Police  
of the Police Force as may be prescribed. 	 Force.  
13. (1) If a volunteer, without sufficient cause, neglects Penalties. or refuses to obey the orders of any superior authority or 
officer whom he is bound to obey, or fails to discharge any 
Members 
of the 
Force to be 
public ser-
vants. 
Advisory 
Commit-
tees. 
4  The West Bengal National Volunteer Force Act, 1949. 
[W. Ben. Act 
Rules. 
(Sections 14-16.) 
duty which he is bound to perform under this Act or any rule 
or regulation thereunder, or deserts his post, or is guilty of 
any wilful breach or disobedience of any provisions of this 
Act or of any rule or regulation thereunder, or lawful order 
made or issued thereunder by a competent authority, he 
shall be liable to be punished with simple imprisonment for 
a term which may extend to three months or with fine which 
may extend to two hundred rupees or with both. 
(2) No prosecution shall be instituted against a volunteer 
for any offence punishable under sub-section (1), without the 
previous sanction of the Commissioner of Police in Calcutta 
or the District Magistrate elsewhere. 
(3) Notwithstanding anything contained in the Code of 
Criminal Procedure, 1898, an offence punishable under sub-
section (1) shall be cognizable. 
(4) Without prejudice to the foregoing provisions of this 
section, it shall also be competent for any prescribed authority 
to deal with the said offences otherwise than under the said 
provisions and to award one or more of such punishments as 
may be prescribed. 
14. An officer or a subordinate other rank or a volunteer 
acting in the exercise of his powers or in the discharge of 
his duties under this Act or rules or regulations thereunder 
shall be deemed to be a public servant within the meaning 
of section 21 of the Indian Penal Code. 
15. (14 The Provincial Government may, for the purpose 
of advising it on all matters of policy connected with the con-
stitution and administration of the Force, constitute a Pro-
vincial Advisory Committee, District Advisory Committee 
and Unit Advisory Committee. 
(2) The Committees shall be constituted in such manner 
and shall perform such functions as may be prescribed. 
16. (1) The Provincial Government may make rules to 
carry 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 matters, namely :— 
(a) the powers and duties of officers and subordinate 
other ranks referred to in section 5; 
(b) the manner and conditions of, and the period for, 
enrolment of a volunteer and the authority by 
which such enrolment shall be made referred to 
in sub-section (1) of section 8; 
the period of preliminary and periodical training 
referred to in sub-section (3) of section 8; 
(d) the form of certificate of discharge referred to in sub-
section (4) of section 8, and the authority and con-
ditions referred to in that sub-section; 
(e) the manner in which and the officer through whom a 
volunteer may be called upon for discharging 
functions assigned to him by or under this Act; 
(c) 
Act XLV 
of 1860. 
Act 1011of 
1898. 
The West Bengal National Volunteer Force, Act, 1949. 5 
I of 1949.] 
(Sections 17, 18.) 
(f) the manner in which a District Commandant or a 
Unit Commandant may be called upon to mobi-
lize a unit or a detachment of a unit referred to 
in sub-section (2) of section 10 and the authority 
to which intimation, of such action referred to in 
the proviso to that sub-section shall be given; 
(g) the officer of the Police Force under whose order or 
control a volunteer shall work under section 12; 
(h) the authority by which and the manner in which 
offences may be dealt with under sub-section (4) 
of section 13; 
(i) the constitution and the functions of the Advisory 
Committees referred to in section 15; 
(j) the medical examination of persons offering themselves 
for enrolment, the organisation, discipline, train-
ing, arms, accoutrements and clothings, conditions 
of service, powers and duties of the volunteers; 
and 
(k) the remuneration, allowances, gratuities or compensa-
tion to be paid to a volunteer or his dependants. 
17. Any appointment, enrolment or rules made or any an Continu- 
Committee constituted or any notification issued or anything oe of 
taken done or any action taken or-any proceedings commenced in  
West Ben. exercise of any power conferred by or under the West Bengal under West 
Ord. XII National Volunteer Force Ordinance, 1948, shall, on the Bengal . 
of 1948. 	 said Ordinance ceasing to be in operation, be deemed to have OXII rdinance of been made, constituted, issued, done, taken or commenced 
in exercise of the powers conferred by or under this Act as 	 • 
if this Act had commenced on the 27th day of November, 
1948. 
18. The Provincial Commandant may make regulations Power to 
consistent with this Act and the rules made thereunder pro- make regulations. 
viding generally for all the details connected with the 
organisation and personnel of the Force and for the duties, 
training including courses of training, instructions, clothing, 
equipment, allowances and leave of persons enrolled. 
WBGP--49[50-5473A-2M 

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