MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the l&th October 1962 TerSfo3es 14fL̂ ) fg%$ (30 T^^c&tS*®* % * ^ *** /ect 8 Utim^^S^^^ m the km of m***6$i sub- MODIPIC ATIOK s In the said Act,— wJ^PS the, expression "State Government" wherever it W I M ft* a*.*™ • •'Chief Commissioner" shall be substituted. w a L l t - v e i l l occuis the expression t u t l d / n a S e ' / y ? - 1 ' ** S" -***"? « ) the following sob-section shall bo sobsli- "(3) It shall come into force at once".
4. After section 1, the following section shall be inserted, n a m e l y : - '•Defmitions.-IA. In this Act, unless the context otherwise requi res , - < S ) ' '^o^ofTripura; **** ^ C h i e £ <%®Mw® of the Union
(b) "Official Gazette" means the Tripura Gazette" 5 In section 2,—
(i) in sub-section (1),— fh» 0 ^ i i } ° t S e G t j S l a n d i01 ' Gfl t ;h o i t h e areas notified under
(b) the .following proviso shall be added at the end. namelv: — "Provided that the Chief Commissioner may, bv notification in the Official Gazette, divide the Union territory of Tr pura into two Suchmarea.»r a 3 C O ! 1 3 t i t" t e s u ^ • volunteer gody f ? SS OS) sub-section (1A) shall be omitted;
( i i° i nstSb!2d!n (2)' r°r tUe W°Vd "HhflU" the worcl "niav" *haU &S ( 1 V ) f f a m i l y : - i 0 n ^ * * f o l l o w i n * .^h-section shall be substituted.
" ( 3 ) ^ P Homl rK£5&^W M aS ; ha i i , a,PPfjtllt ;> Commandant General of control a? I f c f S S " S ° ? fha ,L ^ L h s fieneral supervision and K ' °* Lht- ,H«me Guards throughout the Union territory of « f t t & r n l l v l ^ n i 1 ^ , C ^ m m a n , C l n i l t i 3 T^PP0inted under sub-section ! f ™ Comiiiandant General may also exercise the powers and Ilii; V t " 1"Liat!tiOL'l£; assigned to the Commandant by or under S Tn section 3, sub-section (3) shaU be omitted.
for V S ^ P f f Greater S a S S ? ^ i ' jj , f *H * « « * L , ( B ^ ^ Commissioner ^^whtu-e'' he ^ords ^ ; ' • * ""'!! ^ D ^ y . Superintendent of Police '-if) . U O F H " Depu.y Supettnte^denJ ©f Police" shall be substituted.
9. In section 6B—
(i) in sub-section (5), the words "or it" shall be omitted;
(ii) in sub-section (4), the words "or itself" and "or it" shall be omitted;
(iii) the following explanation shall be added at the end, namely: — " E m a n a t i o n — W h e r e the Commandant General , while exercising the W'XV powers oi! the Commandant, passes any order under sub-section
(1) or sub-section (1A) — U) the appeal from such order shall lie to the Chief Commissioner;
(b) for the purposes of sub-section (4), the power of revision in r e s - pect of such order shall vest in the Chief Commissioner.
10. In section 9A, sub-section (1) shall be omitted.
11. Section 10 shall be omitted. I ANNEXUTCE THE BOMBAY HOME GUARDS ACT, 1947 AS EXTENDED TO THE UNION i i ie , o u m o TERRITORY OF TRIPURA BOMBAY ACT N O . I l l OF 1947 An Act to provide for the Constitution of Horns Guards.
Whereas it is expedient to provide a volunteer organisation for use in emergen c i e s r £ p for other purposes in the State of Bombay. It is hereby enacted as follows:— 1 Short title, extent ana commencement.—(1) This Act may be called the Bombay Home Guards Act-, 1947. '
(2) It extends to the whole of the Union terr i tory of Tripura.
(3) I t shall come into force at once. **
1A. Definitions—In this Act, unless the context otherwise requires,—
(a) "Chief Commissioner" means the Chief Commissioner of the Union terri tory of Tripura;
(b) "Official Gazette" means the Tripura Gazette.
3 roHstitmioii of Home Guards anfl appointment of Commandant General anS Commandant—(1) The Chief Commissioner shall constitute for the Umon territ o r T o f Tripura a volunteer body called the Home Guards, the members of whicn 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 w i t h ' t h e provisions of this Act and the rules made thereunder:
Provided that the Chief Commissioner may, by notification in the Official Gazette, divide the Union terr i tory of Tr ipura into two or more areas and con stitute such a volunteer body for each such area.
(1A) «
(2) The Chief Commissioner may appoint a Commandant of each of the Home Guards constituted under sub-section (1) .
(3) The Chtef Commissioner shall appoint a Commandant General oi[, the Horn- Guards in whom shaU vest the general supervision and control o± t&B H o S I Guards throughout the Union territory of Tripura and u n t i l j Coinnnand.nv is atasriSnted "nde?- sub-section f21 the Commandant General may also exercise fe/Swert a i d p e r f ^ m the functions assigned to the Commandant b y or under 'his Act.
3. a p p o i n t i n g (rf mn&mr^m Subject to the approval of the C o m m a n d ^ General the Commandant may appoint as members of the Home Guards agf i a f t e r of uerses -- a re fit and willing to serve, as may from -ime i0 time A 1 such member to ijy post ^ ^ " ' i m m ^ t ^ b S r ™ 1 ™ 8 0 " ' ' , W , o i m a n * W ** ** &£ functions or duties assigned to t h p C c r , , , , " S to discharge any of the sions of this Act Iff&iS^Sj^S.SSSt m 3 C C 0 r d a n c e w i t h * * * « * in *&J* ira&Sg* s£a11 b e i n s t i t " t e d against a member of the Home Guards in respect of anything done or purport ing to be done by him i n the discharge 6 Control by officers of police force.—The members of the Home Guards when S n S Tffl « n d e i ; ^ t i o a 4 in aid of tire police force shall be S e r X e confrol of the officers of the police force in such manner and to such extent as mav be prescribed b y rules made under section 8. extent aa may m ^ F v p f ^ S 0 ' * S 1 C " io b e W M « »P b? Person ceasing to be m e m b e r . - SL 1 ? i F T ° i i ^ ? J °£ a n y r e f l S 0 n c e a s e s t 0 b « a member of the Home Guards shall for thwith deliver up to the Commandant or to such person a^J at such place as the Commandant may direct, his certificate of appointment o?
S « f e K h J f t / f f i accoutrements, clothing and other necessarieT which have Deer. tu rmshed to him as such member.
(2) Any Magistrate and for special reasons which shall be recorded in wrr i - $ ? • & • * * t i m e ' . a n > ' Pohce officer not below the rank of a Depute Superintendent 01 Police may issue a warran t to search for and seize, wherever they may be Aound any certificate, arms : accoutrements, clothing or other necessaries not HL ^ ™ 1 ^ ? U p - . FcVe¥f w a r i : a n t so issued shall b e executed in accordance wi th ,he provisions ot the Code of Criminal Procedure, 139a (V of 1303). by a police officer or if t h e Magistrate or the police officer issuing t h e war ran t so directs oy any other person.
(3) Nothing in this section shall be deemed to apply to any article which under the orders of the Commandant Genera l has become the prooer ty 5 S person to whom the same was furnished.
^ ' h S f S ^ t & W ^ f'M' f " ^ ° f d l l t ^ ' <&*•&} T h e Commandant 1* S S S w * « * * ? t h ° r r t * l 0 SU-'P->1UV -educe or dismiss or fine, to an amount;
not exceeding fifty rupees, any member of. the Home Guards, under his control ? i J S S m e m b f ' WrthBttt reasonable cause, on being called out under section I neglects or refuses to obey such order or to discharge his functions and duties as a member of Home Gnarda or to obey any lawful order or direction - i - \ £ to. h » m . i o r t u e 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 1 rounds of conduct W c h h i s led to his: conviciion on a crbainal charge. The Commandant General shall h | v e the like authori ty in respect of any oaembeF ox the Home Guards Lppomted o a post . inder his Immediate control, h a T £ ] --;' ' mtatoed in this Act. the Commandant shall nave the author i ty . l1)1. S o m P > G u a r d s a t »„* time- * £ » * * 0 such eon . . . , #*-m t h 2 , of t i e C o S ' L ; ; : ' ! ' [ : - h e s ^ v c e a oj men ,,, tre no longer required Thef Com mandant General shall have the h , B , ho .,•. In r e s S oi : ,J , LJ^. 0 V g f r Home Guards appointed to a ppsi 1 •. Ks tonedSte c o S r o L *
(2) When the Commandant General or the Commandan t 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 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, within thir ty days of the date on which he was served with notice of such order. The Commandant General or the Chief Commissioner, as the case may be, may pass such order as he thinks lit.
(4) The Commandant General or the Chief Commissioner may at any t ime 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 pur pose 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 may pass such order with reference thereto as he thinks fit.
t5) 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,
(6) Any fine imposed under this section may be recovered in the. manner provided by the Code of Criminal Procedure, 1893 (V of 189S), for the recovery of fines imposed by a Court as if such fine were imposed by a Court.
(7) 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 7 or • any other law for the time being in force.
Explanation.—Where the Commandant General, while exercising the powers ef the Commandant, passes any order under sub-section (1) or sub-section CIA)—
(a) the appeal from such order shall lie to the Chief Commissioner;^
(b) for the purposes of sub-section (4), the power of revision in respect of such order shall vest in the Chief Commissioner.
7 Penalty. (1) If any member of the Home GuaTds, on being called out under section 4, without reasonable excuse neglects or refuses to obey such order, or to discharge Ins functions as a member of the Home Guards, or_ to obey any lawful order or direction given to h im 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 fine1 which may extend to two hundred and fifty rupees or with both.
(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, in accordance with the provisions of sub-section (1) ot section 6A, he shall on conviction, be punished with imprisonment; for a term wmch may extend to „„„ m r tn+h m uri+fc fine whir-h mav extend to one Hundred rupees or witn DO in.
one month or wi th fine which may extend to one hundred rupees
(2) No proceedings shall be insti tuted under sub-section (1) or (1A) with out the previous sanction of the Commandant.
(3) A Police officer may ar res t wi thout warrant any• person who commits sn offence punishable under sub-section (1) or U A ) .
3. ga l e s—The Chief Commissioner may make rules consistent with this Act,—
(a) providing for the exercise b y any officer of the Home Guards of file powers conferred by section 4 on the Commandant and the Com mandant General;
(b) providing for the exercise of control by officers of tha police fores over members of (.he Home Guards when acting in aid of the police force;
f o regulating the organisation, appointment, conditions of service, func tions I'US'Cinline, arms, accoutrements and d o m i n g of members Oi the Home Guards and the manner in which they may be called out for service;
<d) regulating the exercise by members of the Home £hm**e , r the powers exercisable under section 5 of thU Ac£ "* # Ce) generally for giving effect to the provisions of this *Act meaning of sfction 21 ofthe Indian & ? S & (XLV f l f o f ^ ^ "***» * » b o t e - f n * G l i a i ' d S UOt * • • " « * • ***«« contestinS elections to the M W # L 3 S ^ * 1 S W ^ 1 ? % a "y l l l i n S contained to the contrary in any other law uitieiy uy reason or the iact that he is a member of the Home Guards.
10. Repeal ami Saving-,— * * * $ [No. F. 6/l/G2-Judl.H-UTL-53.]
P. N. KAUL, Dy. Secy.
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