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MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 16th April 1959 G.S.R. -163.—In exercise of the powers conferred by section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends to the Union terr i tory of Delhi, the Bombay Home Guards Act, 1947 (Bombay Act No. I l l of 1947) subject to the following modifications, namely:— i Modifications j
1. Throughout the Act,—
(a) for the words "State Government", the words "Chief Commissioner of Delhi" shall be substituted; \ w i "
(b) for the words "State of Bombay" except in the preamble, the words X.
"Union terr i tory of Delhi" shall be substituted.
2. In section 1, for sub-section (3), the following sub-section shall be substi- ,Ued, nameily:— "(3) It shall come into force at once."
3. In section 2, -~>i>
(a) in sub-section (1): ~i
(i) for the words, figures and brackets "each of the areas specified in sub section (3) of section 1 and for each of the areas notified under the i y said sub-section (3)", the words "the Union terr i tory of Delhi" shall be substituted;
(ii) the following proviso shall be added at the end, namely:— "Provided that the. Chief Commissioner of Delhi may, by notification in the Official Gazette, divide the Union terr i tory of Delhi into two or more areas and constitute such a volunteer body for each such area";
(b) sub-section (1A) shall be omitted;
(c) in sub-section (2), for the word "shall" t h e word "may" shall be substi tuted;
(d) for sub-section (3), the following sub-section shall be substituted, namely:— "(3) The Chief Commissioner of Delhi shall appoint a Commandant General of the Home Guards in whom shall vest the genera] super vision and control of the Home Guards throughout the Union terri tory of Delhi and until a Commandant is appointed under sub-section
(2), the Commandant General may also exercise the powers and perform the functions assigned to the Commandant by or under this Act."
4. In section 3, sub-section (3) shall be omitted.
/ .•" 5. In section 5, in sub-section (2), for the words "Commissioner of Police, - ' • ' • Bombay, in Greater Bombay and of the District Magistrate, elsewhere" the words "District Magistrate" shall be substituted.
6. In section 6A, in sub-section (2), the words "a Deputy Commissioner for I Police in Greater Bombay and" and the word "elsewhere" shall be omitted.
I 7. In section 6B, I* (1) in sub-section (3), the words "or it" shall be omitted.
(2) in sub-section (4), the words, "or itself" and the words "or it" shall be j omitted;
j (3) the following Explanation shall be added at the end, namely:— "Explanation.—Where the Commandant Genaral, while exercising the powers of the Commandant, passes any order under sub-section (1) or (1A) —
(i) the appeal from such order shall lie to the Chief Commissioner of Delhi;
| (ii) for the purposes of sub-section (4). the power of revision in resnect ', of such order shall vest in the Chief Commissioner of Delhi."
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8. In section 9A, sub-section (1) shall
9. Section. 10 shall be omitted.
De omitted. , ~ 1 c A N N E X U R K I, i The Bombay Home Guards Act, 1947 (Bombay Act No- III of 1947) as Extended to the Union Territory of Delhi BOMBAY ACT NO. I l l OF 1947 [THE BOMBAY H O M E GUARDS ACT, 1947.]
An Act to provide for the constitution of Home Guards Whereas it is expedient to provide a volunteer organisation for use in emergencies and for the purposes in the State of Bombay. It is hereby enacted as follows:—
1. Short title, extent, and commencement.—(1) This Act may be called the l f .
Bombay Homei Guards Act, 1947.
(2) It extends to the whole of the Union terr i tory of Delhi. **" w , ^ *
(3) It shall come into force at once. ,̂ e
2. Constitution of Home Guards and appointment of Commandant General and > Commandant.—(1) The Chief Commissioner of Delhi shall constitute for the !
Union terri tory of Delhi 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 public safety as may be assigned to them in accordance wi th the provisions of this Act and the rules made thereunder.
Provided that the Chief Commissioner of Delhi may, by notification in the Official Gazette, divide the Union terr i tory of Delhi into two or more areas and constitute such a volunteer body for each such area.
(1A) Omitted.
(2) The Chief Commissioned: of Delhi may appoint a Commandant of each of the Home Guards constituted under sub-section (1).
(3) The Chief Commissioner of Delhi shall appoint a Commandant General of the Home Guards in whom shall vest the general supervision and control of the Home Guards throughout the Union terr i tory of Delhi and unti l a C o m m a s ^ n t is appointed under sub-section (2), the Commandant General may also ex . . „ise the powers and perform the functions assigned to the Commandant by or under this Act.
3. Appointment of members.—(1) Subject to thei 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 t ime to time be determined by the Chief Commissioner of Delhi, and may appoint any such member to any office of command in the Home Guards.
(2) Notwithstanding anything contained in sub-section (1) the Commandant General may, subject to the approval o'f the Chief Commissioner of Delhi, appoint any such member to any post under his immediate control.
(3) Omitted. mf
4. Functions and duties of members.— (1) The Commandant may at any tfb^.-"- ' .
call out a member of the Home Guards for training or to discharge any of the functions or duties assigned to the Home Guards in accordance with the pro visions 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 m any part of the Union terr i tory of Delhi.
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 t ime being in force.
(2) No prosecution shall be instituted against a member of the Home Guards in respect of anything done or purport ing to b e done by him in the dischar.g#~f)f his functions or duties as such member except wi th the previous sanction of the District Magistrate.
6. Control by officers of police force.—The members 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 the police froce in such manner and to such extent as may b«* prescribed by rules mads under section 8.
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6A. Certificate, a rms, etc. to be delivered up by person ceasing- to be member.—
(1) Every person who tor 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 place as the Commandant may direct, his certificate of appointment or of office and the arms, accountrements, clothing and other necessaries which have: been furnished to him as such member.
(2) Any Magistrate, and for special reasons which shall be recorded in writing at the time, any police officer not below the rank of Assistant or Deputy Superin tendent of Police may issue a warra" t to search for and seize, wherever they may be found, any certificate, arms, aeeoimtrements, clothing or other necessaries not so delivered up . ' . Every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1098 (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.
6B. Punishment of members for neglect of duly, etc.— (1) The Commandant shall have the authori ty to suspend, reduce or dismiss or fine, to an amount not exceeding fifty rupees, any member of the Home Guards, under his cdntrol, 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 authori ty to dismiss any member of the Home Guards on the ground of conduct which has led to his con viction on a criminal charge. 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.
(1A) Notwithstanding anything contained in this Act, the Commandant shall have the authori ty to discharge any member of the I iome Guards at any time subject to such conditions as may be prescribed, if, in the opinion of the Com mandant, the services of such member are no longer required. The Commandant ..General shall have the like authority in respect of any member of the Plome \" Guards appointed to a post under his immediate control.
(2) When the Commandant General or the Commandant passes an order for suspending, reducing, dismissing or finding any member of the Home Guards under sub-section (1), he shall record such order or cause the same to be recorded, together wi th the reasons therefor and a note of the inquiry made, in writing, and no such order shall be passed by the Commandant General or the Commandant unless the person concerned is given an opportunity to be heard in his defence.
(3) Any member of the Home Guards aggrieved by an order of the Com mandant may appeal against such order to the Commandant General and any such member aggrieved by an order of the Commandant General may appeal against such order to the Chief Commissioner of Delhi, within thirty days of the date on which he was, served with notice of such order. The Commandant General or the Chief Commissioner of Delhi as the case may be, may pass such order as he thinks fit.
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(4) The Commandant General or the Chief Commissioner of Delhi 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 (1A) for the ourpose of satisfying himself as to the legality or propriety of such order passed by the Commandant or the Commandant General, as the case may be and mav , pass such order with reference thereto as he thinks fit. *
(5) Every order if no appeal is made therefrom as hereinbefore provided and every order passed in appeal o r revision under this section shall be final.
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(6) Any fine imposed under this section may be recovered in the manner irovided by the Code of Criminal Procedure, 1898 (V of 1898), for the recoverv - fines imposed by a Court as if such fine were imposed by a Court.
7) Any punishment inflicted on a member of t h e Home Guards under this n shall be in addition to the penalty to which such member is liable under • 7 or any other law for the time being in force. • 0 ( . : < r . •• \ • ' ' • -
Explanation.—Where the Commandant General, while exercising the powers of the Commandant, passes any order under sub-section (1) or (1A) —
(i) the appeal from such order shall lie to the Chief Commissioner of Delhi;
(ii) for the purposes of sub-section (4). the power of revision in respect 01 such order shall vest in the Chief Commissioner of Delhi.
7. 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 wi th simple imprisonment for a te rm which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both. i t ' (1A) If any member of the Home Guards wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, i r accordance with the provisions of sub-section (1) of section 6A, he shall, on con3*" viction, be punished with imprisonment for a te rm which may extend to one month or with fine which may extend to one hundred rupees or with both.
(2) No proceedings shall be instituted under sub-section (1) or. (1A) without the previous sanction of the Commandant.
(3) A police officer may arrest without war ran t any person who commits an offence punishable under sub-section (1) or (1A).
8. The Chief Commissioner of Delhi may make rules consistent with this Act,—
(a) providing for the exercise by any officer of the Home Guards of the powers conferred by section 4 on the Commandant and the Com mandant 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;
(c) regulating the organisation, appointment, conditions of service, functions, discipline, arms, accoutrements and clothing of members of the.
Home Guards and the manner in which they may bei called out-forS" 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.
9. Members of 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 (XLV of 1860).
9A. Home Guards not disqualified from contesting elections to the State Legis lature or local bodies.—(1) Omitted. I
(2) Notwithstanding anything contained in 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 anv local authority merely bv?*»;- reason of the fact that he is a member of the Home Guards. /
10. Omitted.
[No. F.3/5/59-J.II.]
11. R, PRABHU, Dy. Secy^ GIPND—DME—28HA—5-5-59—2 5o.
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