GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XII of 1990 West Ben. Act XI of 1962. THE WEST BENGAL HOME GUARDS (AMENDMENT) ACT, 1990. [Passed by the West Bengal Legislature.] [Assent of the Governor was first published in the Calcutta Gazette, Extraordinary, of the 30th July, 1990.] [30th July, 1990.] An Act to amend the West Bengal Home Guards Act, 1962. WHEREAS it is expedient to amend the West Bengal Home Guards Act, 1962, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-first Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. (I) This Act may be called the West Bengal Home Guards (Amendment) Act, 1990.
(2) It shall be deemed to have come into force on the 1st day of October, 1989. Short title and commencement.
2. In section 2 of the West Bengal Home Guards Act, 1962 (hereinafter referred to as the principal Act), after clause (1), the following clause shall be inserted:— `OA) "Commandant General, Home Guards" means the officer appointed as such under section 2A;'. Amendment of section 2 of West Ben. Act XI of
1962.
3. After section 2 of the principal Act, the following sections shall Insertion of be inserted:— new sections 2A, 2B and
2C. "Appointment 2A. The State Government may, by notification in of Commandant the Official Gazette, appoint an officer to be the General, Home Guards. Commandant General, Home Guards, on such terms and conditions as the State Government may determine. 175 The West Bengal Home Guards (Amendment) Act, 1990. [West Ben. Act (Sections 4-7.) Commissioner of Police, Calcutta, to be ex officio Additional Commandant General, Home Guards. Superintendent of Police to be under the control of Commandant General, Home Guards.
2B. The Commissioner of Police, Calcutta, shall be the ex officio Additional Commandant General, Home Guards.
2C. The Superintendent of Police in a district shall, for the purposes of this Act, be under the Commandant General, Home Guards.". Amendment of section 3. Amendment of section 4. Amendment of section 5. Amendment of section 6.
4. In section 3 of the principal Act, for the words "The Superintendent of Police in a district or the Commissioner of Police in Calcutta may constitute for the district or Calcutta, as the case may be, a body", the words "The Superintendent of Police in a district, upon such directions as may be given by the Commandant General, Home Guards, or the Commissioner of Police and ex officio Additional Commandant General, Home Guards, in Calcutta, may constitute for the district or for Calcutta, as the case may be, a body of volunteers" shall be substituted.
5. In section 4 of the principal Act, for the words "The Superintendent of Police in a district or the Commissioner of Police in Calcutta may appoint as members", the words "The Superintendent of Police in a district, upon such directions as may be given by the Commandant General, Home Guards, or the Commissioner of Police and ex officio Aditional Commandant General, Home Guards, in Calcutta, may enrol as volunteers" shall be substituted.
6. In section 5 of the principal Act,—
(1) after the words "The Superintendent of Police in a district", the words "subject to the approval of the Commandant General, Home Guards", shall be inserted;
(2) after the words "the Commissioner of Police", the words "and ex officio Additional Commandant General, Home Guards," shall be inserted;
(3) for the word "member", the word "volunteer" shall be substituted.
7. In section 6 of the principal Act,—
(1) in sub-section (1), for the word "member", the word "volunteer" shall be substituted;
(2) in sub-section (2),—
(a) for the word "member" in the two places where it occurs, the word "volunteer" shall be substituted;
(b) after the words "Commissioner of Police", the words "and ex officio Additional Commandant General, Home Guards" shall be inserted. 176 The West Bengal Home Guards (Amendment) Act, 1990. XII of 1990.] (Sections 8-12.)
8. In section 7 of the principal Act, for the word "members", the Amendment word "volunteers" shall be substituted. of section 7.
9. In section 8 of the principal Act,— Amendment of (1) for the word "member", the word "volunteer" shall be section 8. substituted;
(2) for the words "as a member of the Home Guard", the words "as such volunteer" shall be substituted.
10. In section 9 of the principal Act,— Amendment of
(1) in clause (a), for the word "members", the word section 9. "volunteers" shall be substituted;
(2) in clause (b),—
(a) for the word "appointment", the word "enrolment" shall be substituted,
(b) for the word "members", the word "volunteers" shall be substituted;
(3) in clause (c), for the word "members", the word "volunteers" shall be substituted;
(4) in clause (d), for the word "members", the word "volunteers" shall be substituted.
11. After section 8 of the principal Act, the following section shall Insertion be inserted:— of new section 8A. of 1866. 3en. Act IV if 1861. "Act to have 8A. The provisions of this Act shall have effect notoverriding withstanding anything to the contrary contained in the effect. Police Act, 1861 or the Calcutta Police Act, 1866 or in any other law for the time being in force.".
12. Anything done or any action taken under the principal Act as amended by this Act before the publication of this Act in the Official Gazette shall be deemed to have been validly done or taken under the principal Act as amended by this Act as if this Act were in force when such thing was done or such action was taken. Saving and validation. 177 Page 1 Page 2 Page 3