J:? .~ (j .'J !.,.( " )~..,;..:\;:!I;(.,','li-~!\... n .'J GOVERNMENT Gj\2~ETTE EXTRAORDINARY PUBLISHED .BY AUTII0RrrV ..~ ....-.,-~------------- Thursday, 9th April,---------,-------'"~.-~''''-,~,-,------------Gangtok 1992 No. 21 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK.
No. 1/LD/1992. Dated Gangtek, the 7th April, 1992.
NOTIFICATION ~ ..
The following Act of the Sikkirn Legislative Assembly having received the assent of the Governor on 27th day of March, 1992, is hereby published for general information- THE SIKKIM HOME GUARDS ACT, 1992 ( ACT NO. I OF 1992 ) AN ACT to provide for the con~titution ()F a voluntary orgcmisation known as Home Guards for service in emergencies and for certain other purposes so as to inculcate habits of self-reliance and discipline .among the people and to develop in them a sense of civic responsibility and for matters connected therewith or incidental thereto.
Be it enacted by the Levrslaiure of' Sikkim in the Forty-Third Year of the Republic of India as follo\·vs;- ,-, - Short title, extent and commenCiI- ment.
J. (I) This Act may be called. the Sikkiin Horne Guards Act, 1992.
(2) II" extends to the whole of the State of' Sikkim .
Definitions.
,
(3) It shall come into force Oil such date as the Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different districts.
In this Act, unless the context otherwise requires,--2.
Constitu- 3· '.; tion of Home Guards and ~ appointment of Commondant Genernl nnrl
(a)
(b)
(c) (I) "Government " means the State Government of Sikkim ;
"Home Guard" means a person who is appointed as such under this Act;
"prescribed" means prescribed by rules made under this Act.
The Government shall, by notihcat ion in the Official Gazette, constitute for each district 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, the public safety and the rriai nt eriarrcc of csse nt ial services as may be assigned to them. in accordance with the provisiOns of this Act and the rules made thereunder.
The adn,i.ni.stration of Home GUJ,rds constituted under sub-section (I) Appoin t- 4.
ment of Home Guards, forms of declaration ami certificate of appointment as such· Reserve force of HOllie Guards.
Tra ill iI1g , functions and duties.
2
(3) The genel;).l supervision and control of Horne Guards throughout the State shall vest in the Commandant General who shall be appointed by the Government and in any such Additional Commandants General/Divisional/ Deputy Commandants General or Assistant Commandants General as the Government may deem fit to appoint.
(4) The Home Guards constituted For different clistrictsin the State shall, for the purposes of this Act, GO' a single force and the members thereof shall be formally enrolled, and such Force shaH consist of such number of officers and men, and their quali flcations and condi tions of train ing and servic« shall be such as may be pl'cscl'ihed.
Subject to the approval of the Commandant General, the Commandant may appoint as Horne Guards such nuruber of persons who are fie and willing to serve as 11lay , from time to time. he determined by the Government and may appoint any such person to any office of command in the Home Guards.
Notwithstancling anything containeclin sub-section (]), the Commandant Cenr-ro] may appoint any such pCl'son tooany post under his immediate control.
(5) A Home Guard shall, on appoint-ment, make a declaration in the form specified in the First Schedule and receive a certificate of appointment in the form spcclfiedin (he Second Schedule, under the seal and signature of such officer as may be prescribed.
Subject to any rules made in this behalf, a Home Guard shal l be required to Serve the lIorne Guard Organisation for a period 01:' three years (including the period spent in !I'aining) which period may be extended by the Government to such further period as it may consider necessary, _ and a Horne Guarc] shal l thereafter sene in the Reserve force of Home Guards constituted as hcrcinoftcr provided for a period of three years and shall, while serving; in such reserve force, be liable to be called out for duty at any time.
Notwithstanding anything contained In sub-section (4), the Commandant ..
General shall have authority to discharge any Horne Guard at any time subject to such conditions as may be prescribed, if in his opinion the services of such Home Guard are no longer required.
~. The Government may constitute a reserve force of Horne Cuards ,ot crsoris appointed to It by the Government from among the Horne Guards 11'0111 the service of Home Guards under SLI b-sccrion (n of section 4-.
consisting discharged
6. The Commaudant-Genera l may, at any time, call out a Horne Cuard for t.raini n« or to discharo e within the State any of the functions or duties b' • b as may be assi ouer] in accordance with the provisions of this Act and the , b rules ll,;cle thereuncler.
The Commandant of the clistrict may, with the approval of the Commandant-General, 2t any time call out a Home Guard for trail1ing or to discharge any such functions Or duties within the district for which the Home Guards have been set up.
A Home Guard when called out under section 6 shall have the same powers, privileges and protection as an officer of police appointed under any enactment for the time being in force.
No prosecution shall be instituted against a Home Guard in =r=' of anything done or pm'port ing to he done by him in the discharge of his fLll1ction~;or duties as such Horne Guard, except with the previous sane tion of the Commandant-Genera 1.
Power. pro- 7. (1) tee tion and control.
Control by officers of pollee
8. The Home Guards may be oiled out in ~id of the police force and when they are so called out, they shall be under the control of the oFflc(-,I's nr tlw nnl;r" i',,,,,.,, ,-,,- <) ~.. ' ...i 1t b> . -, Certificate, 9, «rms etc;
t» be deliveredup by I person3 I ceasing 19/ .e Hom•...' Guards • 'f Punishment 10, for neglect "f duly etc, to" ~ .\ , 1 3 F',cry pC'r,()n, wh" i'or anv reason Cl'<lSCS to be a Horne Guard, sp~}.lforthwith deliver lIi) to (he Commandant or to such person and at such place as the Commandant mJy direct, his certificate of arrointl.pent or of oHice and the arnv, ;1CC0l1!I"cJ1)('nts, clothillg and other necessaries which have he en f'urnislw<l 10 him as such I-Ioll1C: Guard, t , I ,_, An)' r"tl~isf r.u c or, 1",1' special reasons which shall he recorded in writing at the Jim", <l"lj' p()liCl~ olhc('r not below the rank of ASSistant or Deputy S,.IjW!;n1cn:k-"t of' ['"lice lll'ty iSSUe'. a warrant: to search for and seize, Whl.',-C',T,- LII'.'')' may he I'our«], ;lny ccr t ificato , arms, accolltrC-ll';fT'[~, clot hil-'" o r (it hrr II':Cl'sS;-tl-ics !lot so ,klivcn:d lip, and cvcrv warrant so issued '~hall h:: executed in ar.co rdance with the provisions "of the Code of Cr-iminal ')j'()ccdl.1rc I RqR, hy ~ Polin', OrnCC1" Or if the Maoi,str~te or, . ~ . b the pulice oflicci' issuing rhc warrant so direct's, hy an)' other person, NOIIl ng ill tlli:; section shall he deemed to apply to any article which under the (mlers of till' Commandant General has become the property j 011891 the. same \V,1S furnished, The C{)mJ1l~nchnt or the Commmanclanr Genera I shall have authority 1.0 sU.'i!K'nci, to ,,-:ducl' or to dismiss o r to fine; not exceeding f-ifty rupees, any I/OI);C Guard under his control, ifsuch Horne Guard, on heing called out under sect ion (;, without reasonable cause neglects or refuses to obey such onler or refuses to cl ischal"gc his functions and duties as a Home C1I;lrcl 01' rclusus to obey any other lawful order or directiou given '-, to him ('<)1' the ncrfo rmance ()f his Functions and duties 01' is found guilty , of anv n,jsc'Jl~dLlct: or breach of discipllnc. ~ ~ ( - I
(2) The Cornrn.u rda nt Gene]':l "lull also have aui'l1Orit)' to dismiss any Home GLJ.1J'(ls on the ~r(l\lnc1 of conduct which has led to hi~ conviction on a crimlnnl ch(lI'gc'~ '" I When the Commandant Or the Commandant General passes after enquiry an order ~:lIspcnding, Ic<iucing, dismiEsing or fining any Home Guard under sub section (I), he :'hli record such order or cause the same to be rccor: kc1 teget her "V ith the f"(~1S0IlS therefor' and. 2 no te of the enqui ry made in "Vi itillj', and no ,<'uch order ,Inll be passed unless the person ('onccrl1:.''-' has iK('·n given ;\1\ ol')porl unity to bc hcan1 in his ,kfence, Any Home Cu,rei agg,-icvcci hy such order of the Commandant ma)' appeal ao,lin,;t I i>"t order to rho Commandant-General and anv Horne Guard a~rrl"iCvc:cl h)' such ordCI or t he Commandant General mJ~' alJpea 1against ~,~ _ . J.
that order 1'0 1he Covcrnrncnt wi rh iu <:hi"ty clays of the cl?t:c on which he W2S SCI'V(,t!\·\,'ith notice of' the concerned order, z nrl thereupon the Comm<tnchn>(;cncral Of' the Government, as the case may be, may pass such orders as hr'. or it thinks AI'. ' The Command,mt General or the Government may at any time, call for and examine the record of' any order passed by the Commandant or Comm.mdant-Ccneral , as the case may be, under sub-section (I) for the pUl'{lO<'(' (Jf' ~'alisryin!!, himself Of itself as to the legality or propriety of, such orr le r :lncl J11(l.V pf:1.S~, such 01'<-1('.1' In revision ""'-ith reference tlrei-eto as' .
he or it thinks fit:', '
(6) Notwithst.anding ~nything contained in any other law - iI,
(a)
(b) any o rdcr passed in revision under sub-section '(5);
sul.jcct to such order in revision, any order passfd in appeal under sub-section (4); and ,i'
(c) subj,:ct to the orders in rcvisron and appeal aforesaid, any order pa,:'secl h)' the Commandant or Commandant-Genera] under subsection ell, .-,".'
shall be final, Any fine imposed under this sed ion may be recovered in the. manner provided by the Code of Criminal Procedure, r898, for the recovery j of 1198 of fines imposed by a court as iF such fine were imposed by a court, (8~ Penalties for breach IJf duties ete, I I • " Power to 12. (J) make rules•.
Home [3'.
Guards to .
he public savants.
Home 14-. (r ) Guard not disqualified from election oj (2) State L~· gislature or of Local:
Bodies.
4 Any punishment inflicted on a Home Guard under this section shall bft;." "::"',·,i::
in addition to the penalty to which he is liable under section r i or anv-":" 1'.'.\".'", other law for the time be.ing in force. J ••• .-;. ~:, ••• ' ':i.;
~t'(\ '!.t\: \;,,~·.:·:·v~ ~.,t':'~·.: ~ l"r.l\ If any home Guard, on being called out under section 6 without reasun~~I,':~; r',:~.:, able excuse neolects 01' refuses to turn up for tr:linina, or duties as a".:!·",-'-·,'",i;
b b·.
Home Guard or refuses to obey anv other lawful order ordirection given to," .,\ him for the performance of hi~ duties and functions, he shall on con ..
viction, be punished with simp]c imprisonment for a term ~hich may extend to three mouths, or with f-incwhich may extend to two hundred and fifty rupees, or with both.
If, any Home Guard :yvilfully neglects or refuses to deliver LIp his certificate of appointment or of office (11' any other article in accordance with the provisions of sub-section (J) of section 9, he shall, on conviction, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees, or with both.
No ,proceedings shall be inst ituted in any court under sub-secuion . (I) DI'"'''' """",,':'.
sub-section (2) without the previous sanction of the Commandant Cencra'[;" ':, ,';',\\, A police officer mayan-est without warrant any person who commits 'ail ,,-,''', "', offence punishable under sub-sccticn (I) or sub-section (2),
(2) The Government may, hy notification in Official Gazette, make rules for carrying out the purpose of this Act.
Without prejudice to the gellcc>l ity of the foregOing power, such rules may provide for all or any of the following matters, namely:-
(a) regulating the powers . exercisable by the Commandant-General and the Commandant under section 6 and providing for the exer , cise by any officer of the Horne Guard of the said powers;
(b) regulating the organisation, appointment, conditions of service, qualifications , functions, duties, discipline, arms, accoutrements, and clothing and uniform of the Home Guads and the manner in which they may be called out for service or be required to undergo any traini ng;
(c) providing for the officers who shall sign the certificate of appointment under sub-section (3) of section 4;
(d) providing for the exercise of control by 0111crs of the police force over members of the Home Guards when acting in aid of 'the police force;
(e)wovkling for the conditions under which a Home Guard may be c.ischarpcd by the Commandant-General;
(f) allY other matter which is to be or may be prescribed, The Home Guards actins under this Act shal] be deemed to be publicu ~~ secvants wi thin the meaning of section 2 I of the Indian Penal Cock, 1860. 1869 A Horne Guard shall not be disqualified for being chosen as, i\I1d for being elected; s a member of the State Legislature of Sikkim or of other local bodies rrcrelv by reason of the fact that he is a Home Guard.
Notwith ,tanding anything to the contrary contained in any other low for the time being in force, a Horne Guard shall not be disqualified Cor being chosen a.s, and for being a member of any local authority merely by reason of the f..ct that he is a Home Guard.
,,' '" t.· Repeal and 15.
saving.
'., 5 The "HOME GUARDS REGULATION" 01 1963 is hereby repealed.
Notwithstanding such repeal, an),thing done or any action taken under the said Hegulation shall be deemed to have been done or taken under thecon-esponding provision of this Act.
By order of the Governor.
B. R. Pradhan Secretary to the Government of Sikkim F. No. 16(268)LD/ 92.
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