& » V U 4 ' ^ t,: & -feuLfa -^JUu wt?C ***<- ^£> MINISTRY OF HOME AFFAIRS NOTIFICATION flew Delhi, the 10th February 1966 a n d ^ a g a r ' H ^ i ^ T A f e 6 ! S B I * fflfK??^ £ y s e c t i o n 1 0 o f t h e D a d ™ to the Union territory of Dadra and 4 a Have'lf H i T w ™ * ? h £ e b y e ^ t e n d s Act, 1947 (Bombav Art <t rf iqi7i . , . ? B Haveh the Bombay Home Guards rashtra. « S t ^ ^ A l ? ^ 7 ^ 4 ^ ^ ^ ^ i n t h e S t * t e <* M ^ Mbdi/tcations . In the said Act,— functionary-m existence, in that Union territory: ^ ^ ^ LU ™e corresponding
Provided that if any question arises - as- to who such" functionary U * u s h S f b e m l T ^ ^ ^ <* Dadra and N a ^ ^ S Sere™ -4lJ3*Sy?S53?2 suSL?e°dvernment"wherever l* «*«* the -**** tut,' mSj?!1, fOT S U b - S e c t i o n <3>' '9m Allowing sub-section shall be substi- "(3) It shall come into force ai: once".
; 5: After section 1, the following section shaH be inserted, namely : - "1A. Definition.-Tn this Act, unless the context otherwise r e q u i r e s - ''Admi atd rNl°g rarmHaaveSl*e A d m i n i s t " * » « « Union territory of Dadra
6. In section 2,—
(i) in sub-section (1),—
(a) for the words, figures and brackets "each nf iha a^.~ •„ -, sub-section (3) of section 1 and for each S t ^ a s s p e c i f l e d . *n under the said sub-section (3V ' t b l L I «?L^ - a r e a s no^fied Dadra and Nagl? HavSi" shall Le subs'tltutS; U m ° n t e r r l t 0 r y ° f
(b) the foUowing proviso shall be added at end, namely— Cii) sub-section (1A) shall be omitted;
(iii) i n f e c t i o n (2) for the word "shall", the word "may" shall be substi- ( I V ) *%Mvffm ( 3 > ' * * f ° I l 0 W i l l g S U b " S e c t i - ^ ^ substituted.
control of the Home Guards ttu^ii^Lf^^ T t^ P e r v i S l 0 1 * a n d 2 v,, under sub-section (2), the Commandant General may also exercise the powers and perform the functions assigned to the Comman dant by or under this Act.".
7. In section 3, sub-section (3) shall be omitted.
8. 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.
•
9. In section 6A, in sub-section (2), for the words "Deputy Commissioner for Police in Greater Bombay and Assistant or Deputy Superintendent of Police, elsewhere" the words "Deputy Superintendent of Police" shall be substituted.
10. In section 6B,—
(i) in sub-section (3), 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;— "Explanation.—Where the Commandant General , while exercising the**?
powers of the Commandant, passes any order under sub-section
(1) or sub-section ( I A ) —
(a) the appeal from such order shall lie to the Administrator;
(b) for the purposes of sub-section (4), the power of revision of such ' order shall vest in the Administrator.".
11. In section 9A, sub-section (1) shall be omitted.
12. Section 10 shall be omitted.
ANWEXUHE i The Bombay Home Guards Act. 1947 (Bombay Act 3 of 1947), as extended to t h e Union terri tory of Dadra and Nagar Haveli.
BOMBAY A C T No. I l l OF 1947 i AN ACT TO PROVIDE FOR THE CONSTITUTION O F HOME GUARDS^ V ( .
Whereas it is expedient to provide a voluntary organisation for use in emer- -papstSB Aqaja*q ST JI 'A^quiog jo a ^ g a q ; UT sasodJnd jau^o JOJ puE sapua3 follows:— ,u ; . ( > ! • s
1. Short title, extent and 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 Dadra and Nagar Haveli.
3. I t shall come into force at once.
IA. Definition.—In this Act, unless the context otherwise requires,— "Administrator" means the Administrator of the Union territory of Dadra and Nagar Haveli.
2. Constitution of Home Guards and appointment of Commandant Genera l *& and Commandant,—(1) The Administrator shall constitute for the Union terri tory of Dadra and Nagar Haveli 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 with the provisions of this Act and the rules made thereunder: '*",•+
Provided that the Administrator may, by notification in the Official Gazette, .
divide the Union terri tory of Dadra and Nagar Haveli into two or more areas and constitute such a volunteer body for each such area.
(IA) * * * * *
(2) The Administrator may appoint a Commandant of each of the Home Guards constituted under sub-section (1).
(3) The Administrator 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 Dadra and Nagar Haveli and unt i l a d m m a i a n t is appointed under sub-section (2), the Commandant General may also excise the powers and perform the functions assigned to the Commandant by or ider this Act.
3. Anointment of members.—(1) Subject to the approval' of the Commandant Genera-jthe Commandant may appoint as members of the Home Guards such.
numberof persons, who are fit and willing to serve, as may from time to time be determined by the Administrator, and may appoint any such member 'to any office o^command in the Home Guards.
(2) totwithstanding, anything contained in sub-section (1) the Commandant Genera may, subject to the approval of the Administrator, appoint any such membel to any post under his immediate control.
mi * * *
4. Junctions and duties of members.—(1) The Commandant may at any time call at a member of the Home Guards for training or to discharge anv of the functms or duties assigned to the Home Guards in accordance with the nro-' vision of this Act and the rules made thereunder., (2,i 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 in i any -part of the Union territory of Dadra and Nagar Haveli.
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 time being in force.
(2 No prosecution shall be instituted against a member of the Home Guards m re '-ect of anything done or purporting to be done by him in the discharge of his f actions or duties as such member except with the previous sanction of the Distr "a Magistrate.
• ; , 6. Control by officers of police force.—The members of the Home Guards when calle | out under section 4 in aid of the police force shall be under the control : officers of the police force in such manner and to such extent as'may be # •****** 'ih&d by rules made under section 8.
j 'Certificate, arms, etc., to be delivered up by person ceasing to be member.-*.
(1, J~ry person whd for any reason ceases to be a member of the Home Guards sha 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, accoutrements 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 a Deputy Superintendent of Police may issue a warrant to search for and seize, wherever they may be found,.
any certificate, arms, accoutrements, 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, 1898 (5 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 GeneraJ hag become _the property of the person to whom the same was furnished, •iB. Punishment of members for neglect of duty etc.—(1) The Commandant .4iH_S have the authority to suspend, reduce or dismiss or fine, to an amount not l exceeding fifty rupees, any member of the Home Guards, under his control, 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 mem ber of Home Guards or to obey any lawful order or direction s*iven to him far the performance of his functions and duties or la guilty of any breach of discip line or misconduct. The Commandant shall also have the authority to dismiss any- member of the Home Guards on the ground of conduct which has led to his conviction 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 bis immediate control.
JA) Notwithstanding anything contained in this Act the Commandant shall have the authority to dischar^? aru- member at the Home Guards at any time 4 -,. ,.
.bgect to-such,conditions as,may. be. prescribed.if, in the- opinion of tl- Coiw*1*^" iandant, the services of such'member-are no-longer required^, The* Gomandartt General shall have the like authority in respect o f any member of th: Home Guards appointed to a post under his immediate control.
(2).When the Commandant. General or the Commandant passes an oier for' suspending,, reducing, dismissing or fining any member of the Home Guards under sub-section (1), he shall record such order or causa-the-same tc b&seOrded, together with the reasons therefor and a note of the inquiry made i writ ing and no such order shall be passed by the Commandant General or th- Com mandant unless the person concerned is given an opportunity to be heardin his
(3) Any member of the Home Guards aggrieved by an order of theCommandant may appeal against such order to the Commandant General ail anysuch member aggrieved by an order of the Commandant General may oneal against such order to the Administrator within thirty days-of the date on ^hich he was served with notice of such order. The Commandant General or the Idministratoi^as-the case-maybe,'may pass such1 order as he thinks fill
(4) The Commandant General or the Administrator may at any time cal for and examine the record of any order passed by the Commandant or Commandant 2 f « I r & r c e ^ e c t l v t e l y . « ^ e r sub-section .(1) or (IA) for the, purpose tf satis fying himself as to the legality or propriety of such order passed by the Com mandant or the Commandant General, as the case may be. and may pass such order with reference thereto as he thinks fit. y P
(5) Every order if no appeal is made therefrom as hereinbefore provided Mid' every order passed m appeal or revision under this section shall be final. 0
(6) Any fine imposed under this section may be recovered in the manner rovided by the Code of Criminal Procedure, 1898 (5 of 1898) for the recovet V of fines imposed by a Court as if such fine were imposed by a Court.
(7) Any punishment infiicfed on a member of the Home Guards under this section shall be in addition to the penalty to which such member-is? liable u ^ S section 7 or any other law for the time being in force. '-* ExplanatioTi.-Whsre the Commandant General, while exercising the r7o of the Commandant, passes any order under sub-section (1) or sub-lection Qi fa) the appeal from such order shall lie to the Administrator;
(h) f°L^e ^TpQs^ «f sub-section (4), the power of revision in respect such order shall vest in the Administrator. i^peci , 7, Penalty—(1) If any member of the Home Guards, on being called out unc K & £ * £ « * ^ W r < ™ a ^ excuse, neglects or refuses to obly such orde?
to discharge his functions as a member of the Home Guards, or to obev anv uV Jul-order or direction given to him for. the performance of his duties L^halV' conviction, be punishable with simple imprisonment for a t o m which may ext or with b X ° r * fine W M c h m a y ejAend t0 two hundred md. S f& CiA) If any member of the Home Guards wilfullv neelects or refuse tn S S S u uP;,hVs H cer t l f l ca te o f ^ o i n t m e n t or of office o r a n y f h e r article in a c°c ance with the provisions of sub-section (1) 0f s e c t i o n 6A, he shall on convicti be pumshed with mipnsonment for a term which mav U^ton^K „«„ 5.
with fine which may extend to one hundred rupees £ w i t h ^ h . m ° n t h
(2) No proceedings shall be instituted under sub-section (1) or (IA) W h .
the previous sanction of the Commandant. K } o r U A ) W l t b nPJ»LA-P°u« o ^ e r may .arrest without warrant any person who commits offence punishable under sub-section (1) or (IA), 2 p commies
8. Rules.—The Administrator may make rules consistent with this Act,—
(a) providing for the exercise by anv officer of th* Tt*m± a ^ a ' *
(b) providing for the exercise of control by officer, of the -.m;™ * members of the Home Guards when Acting in %^oi^l&f^l ' . • • • . 7i * % - • ; • • " • ' • - .
-(^regulating the organisation, appointment, conditions of service func tions discipline, arms, accoutrements and clothing of members of • * " - • . • • i }. (d) regulating the exercise by members of the Home Guards of anv nf $if \ the powers exercisable under section 5 of this Act; y •V(e> generally for giving effect to the provisions of this Act- R T i 2 i ? i ^ i i a s ©f Home Guards to be public servants^—Member* of th* T i , m o " ? £ i acting under this Act shall be deemed to be public^^ervant? trf twl £ f emm&pt section 21 of the Indian Penal Code (45 of IgSo). t h e ^ ° T Gu*Tfc ™tj™aualified from contesting elections to local bodies.— Notwithstanding anything contained to the contrary ih any other law for | being m force, a member of the Home Guards shall not bed&nSl i f iS for K f t l f i ! 1 1 * f o r heulg' a member of any local authority 2 " b v ream fact that he is a member of the Home Guards. merely oy reason .
[No. F, 10/14/65-UTI-82.]
&. R. PRABHTJ, Dy. Secy.