l$?*: HaryeuaAct3l I XOII,,EGLIARDS TIIE I{ARY,E}IA HO}ffi CUANDS ACT, 19?4 tll*av*nr* AcrNo- 3l or LW4) ?ASLE OT COI-{fENT$ 337 Srtiors , $hort title *ndcxtcnt.
?- Defixitions" 3" (an${ilEtian of Hry*nr Home Guardr.
4. .Etolment and appuinlfiIcnr r offic*r of command- ' 5. Obigarionof cruptopr to p*rmit membcrs to join duty-
6. Cailirgautof nsfibcn,
7. Powuu, pral€tiotr and snEol,
8. Coutrd by offiecrs of polke force.
j' I. Pondty IO- Dclegati:n of powcrs.
ll- Porrrsrtrruakcnrls. I t?" R*Prrl.
a t39 tjll:ErryanrAcrll I iTTM HARYANA HOME GUARDS ACT, 1974 (H*nvrx* .{cr No' 3} on i9?4) (Received lhe assent of the Governor of ttaryana on ire Sist August, 1974, and first published for general information inthe H*ryana Govenunent Gazette ' ( Extraordinq fyJ lE giiilativ e Supplemcnt P an I df thi 9rh SbPtentber, 1974') rI 2. .3 4 Ye.rr No- , .., -a 'Short title Whether rePealed or otherwise affected bY l-egislation t9']4 3r ,.TheHaryanaHome Cuard.r Act, 1974 Att Acr to provide tor the constifution of Esryanfl Home'Guards' .iBeitenactedbythct.c.gislatureofthestateofHaryanainthe ,',T1venty-fifttiYear of theReputilic of Indiaas follows :*
1. (I) This Act may be called rhe EiaSyana tlome Guards Act, 1974.
' (t) lte.\tends to.the rvhole of the $iate of Haryana' '2, In this.Act, unless the contert otherrryise requires'-
(a) "meruber" means a member of the Haryana Home i Guar(s;
,,ni f*) "prescribed,' means prpscribed by nrles made under this Act.
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3.The'stateGovernmenrmay,foranyarea'constitureabodyto HOTvIECUARDS ,l Short title and exteut.
pgfinitiotrs.
Corstitution of Haryanallorse Guards.I be calledtheHaryanaflomsGuards' the members of which shall discharge . such functions in relation;to f.he protection of persons, the Security of property or the public safety as may be assigned to them in accordiince *itf., n* provisions of this Act or the nrles made thereunder' na Government Gazitt* (Extraordtuia*),' dated ttie'I4thAugus t, I 9?4, page I 19 I' : 't I Enrslmert and appointment to offices of' comflnnd, Obligationof employcrto pcrnritrnenrbers to join dutY.
f,slling oul of meflrbers.
Powers, protecl.ion and conEol.
Conkolby afficersof police force.
340 HOI,TE GUARDS I197a : Ilaryr^uaAct3r
4. {lt The State Governrnent may onrol such number of p$rsons who are fit and willing to serve as members as it may deem fit to enrol.
(2,1The stare covernment may appCIint any pgrson, whether a member ornot, to any of{iceof cornmand in the llaryanaHome Guards-
5. (I) Except 4s may be prescribed, everycmplCIyer$hall permit a rrrembsr who is For the time being cmployed by or undcr him to join his duty as Such, artd, notwithstanding anything in any law or agreernent belween him and $uch membet, the period of his duty shall, subject to such conditions and restrictions as may be prescribed, be deemed to be theperiod spent in suhemployment:
Provided rhaf the employCI shall nst be liable 1o pay remuneradon to such member for.a period exceeding thirry days in any year.
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(2) No cmployer shall dismiss, renlove CIr suspend any employee, or take any other action which may pfejudice such employee, byreason ofhis being amember, fJl Nothing in this secrioq shall apply to an ernployer unless he had forwarded the application of the emPloyee conceroed for enrolment as memberor been inforued by the empolyee of his being a member at the time of apilying foremployment-
6. The.State Goverftnent in any area may at any tirne c{l out a member for'tiaining or to discharge any of the functions assigned to the Haryana HomeGuardsin acco-rdaflce withthe provisions of this Act and the rutesmade thereunder.
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7. (I) A member when calted out under sEction 6 shall have the sarntr powers, privileges and ploteclion as an officer of police appointed under any law for Lhe tirne being in force.
(2j No prosecution shali be instituted against a member in respect of anything done or purporting to have been done by him in the discharge of his functions a$.$uch melnber, Except with thc previous ssnction of the State Govemment.
'lr
8. The trlernt${ {hqn called Gut under seclon 6 directly in aid of the police force, shall be uhder the control of the off,rcers of s'uch force, in $uch rnanner and to such extent as may be prescribedtW4: [Ia4yenaAclSt I HOME SUARDS 9, {f ) If any member, tn being called out under section 6, without sufficient excuse, n€glects or nfuses to obey such order, or [o discharge hiS functions as such mernberor to obey any )awful order or direction given to him for the p'erformdn€ of his duties, hc shall, on conviction by a court, be punishable with sirrple imprisonrnent for a term r.vhich may exrend to thrce mofiths or withfine which may extend to one hundred rupees or with both.
(2) Whoever contrausres the provisions of sub-section (I) or sub-section (2/ of section 5 shall be punishable with fine which may extend to two hundred and fifty rupres, and the court by which an employer is convicted under this section nay further order hirn to pay to the employee a surn not exceeding lhrce munths'remuneration at the rate at which his last remuneration was payabb to him by the employcr, and any iunount so ordered to be paid by the c,:urt shall be recoverable as if it were a fine inrposed by such coufi:
Provided that an emfloyer shalJ not be so liable unless he had forwarded the applicatiun of tfc ernployee concemed for enrolmeftt as member or been informed by thr employee of his being a rnember at the time of applying for employment {3) An offenceunder this Act shall be cognizable.
10. The State Government rny, by notification, and subject to any conditions which rnay be specified, ilelegate its functions under section 3 or section 4 or setion 6 to uny personor borly oI peniuns.
11. (J ) The State Governmentffiay rna-ke rules for carqring out the purpose of this Act.
(2) In particular, and withourprejudice to the generality of the foregoing power, such rules may providr for all or any of the following matters, namely:- {aJ the exercise of control by officers of the police force oyerrnember when acting drrecrly in aid of the police force;
f0) regulating the organisation, appointment, conditons of service, duties, disciplince, arm\ accouuements and clothing of mernberc and the maflner in which they may . be catled out for service ;
34i Fcnrlry.
Delefoation of FOlv€rc.
Power to rnake rules, A /l Repeal.
HOME CUARDS [1974 : HaryaneAct 31 (cJ conferring on rnembers according to rheir office any power$, other than the powers of an Executive or Judicial Magistrate, exercisable by any person under any Iaw forthe time beingin force; and ' fdJ any other matterwhich has to be, ormay be, prescribed.
{3} All rules made under this Act shalt be laid, as $oon a.c may be after they are so mad&, beiore the House of the State l-egislature whilc it is in session for a period of not less than ten days, which may be cornprised in one session or in two successive sessions, and if, before the expiry of thesessiorr in which theyare so laidorthesession immediately following, the House of the state Legislature makes any modification in any of such nrles or resolves that any such rule should not be made, such rule shall thereafter have effecf only in such moditied form or be of no effect, as the case may be; so howevcr, that any such modification or annulment sha]I be rvithou t prej udice to the validity of anything previ ously done thereunder.
1?,. The P*njab Horne Guardi A.cr, Ig4? (punjnbAcr g of lg4?), in its application to the state of Haryana, is hereby repealed.