GUJARAT HOME GUARDS ACT, 1947
(1) This Act may be called the 7[Bombay] Home Guards Act, 1947.
1[(2) It extends to the whole of the 2[State of Gujarat].
(3) It shall come into force at once in the area of Greater Bombay and the area comprising limits of the municipal borough and the cantonment of Ahmedabad 3[ With effect from the date of commencement of the Bombay Home Guards ( Extension and Amendment ) Act, 1958 (Bombay LXXV of 1958. C.P. and berar XV of 1947), it shall come into force in the whole of the Saurashtra area of the 4[State of Bombay] and those areas of the Vidarbha region in which the Central Provinces and Berar Home Guards Act, 1947 was immediately before such date, in force ]. The5[ State ] Government may by notification in the Official Gazette direct that it shall come into force in any other area 6[in the State of Gujarat] on such date as may be spec
2. Construction of Home Guards and appointment of 1 [Commandant General and Commandant]
(1) The 2 [State] Government shall constitute for each of the areas specified in sub-section (3) of section 1 and for each of the areas notified under the said sub-section (3) a volunteer body called the Home Guards, the members of which shall discharge such functions 1 [and duties] in relation to the protection of persons, 3 [the security of property, the public safety and the maintenance of essential Services] as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.
4 [(1A) In respect of the Saurashtra area and the Vidarbha region, the Home Guards raised or constituted, immediately before the commencement of the Bombay Home Guards (Extension and Amendment) Act, 1958 (Bom. LXXV of 1958), shall be deemed
1 [3. Appointments of members
(1) Subject to the approval of the Commandant General, the Commandant may appoint as members of the Home Guards such number of persons, who are fit and willing to serve, as may from time to time be determined by the State Government, and may appoint any such member to any office of command in the Home Guards.
(2) Notwithstanding anything contained in sub-section (1) the Commandant General may, subject to the approval of the State Government, appoint any such member to any post under his immediate control.]
2 [(3) Every person who immediately before the commencement of the Bombay Home Guards ( Extension and Amendment ) Act, 1958 (Bom. LXXV of 1958) was a member of the Home Guards raised or constituted under the Central Provinces and Berar Home Guards Act, 1947 (C.P
1 [4. Functions and duties of members
(1) The Commandant may at any time call out a member of the Home Guards for training or to discharge any of the functions or duties assigned to the Home Guards in accordance with the provisions of this Act and the rules made thereunder.
(2) 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 any part of the 2 [State of Gujarat.]]
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1. Section 4 was substituted for the original by Bombay 11 of 1950, section 4.
2. This sub-section was inserted by Bombay 11 of 1950, section 2 (2).
(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 in respect of anything done or purporting to be done by him in the discharge of this functions1[or duties] as such member except with the previous sanction of the Commissioner of Police2[in any area for which a Commissioner of Police has been appointed] and of the District Magistrate, elsewhere.
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1. These words were inserted by Bombay 11 of 1950 section 5.
2. These words were substituted for the words "in Greater Bombay" by the Gujarat Adaptation of Laws ( State
The members of the Home Guards when called out under section 4 in aid of the police force shall be under the control of the officers of the police force in such manner and to such extent as may be presented by rules made under section 8.
1 [6A. Certificate, arms, etc., to be delivered up by person ceasing to be member
(1) Every person who for any reason ceases to be a member of the Home Guards shall forth with deliver upto 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 Commissioner for Police 2 [in any area for which a Commissioner of Police has been appointed] and Assistant or Deputy Superintendent of Police elsewhere, may issue a warrant to search for and seize, wherever they may be found, any certificate, arms, accoutrements, clothing or other n
(1) The Commandant shall have the authority to suspend, reduce or dismiss or fine, to an amount not 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 member of Home Guards or to obey any lawful order or direction given to him for the performance of his functions and duties or is guilty of any breach of discipline or misconduct.1[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 his immediate control.
2[(1A) Notwithstanding anything contained in this Act, the Comma
(1) If any member of the Home Guards, on being called out under section 4, without1[reasonable excuse], neglects or refuses to obey such order, or to discharge his functions as a member of the Home Guards, or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction, be punishable with simple imprisonment for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees or with both.
2[(1A) If any member of the Home Guards wilfully neglects or refuse to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section (1) of section 6A, he shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees or with both.]
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The1[ State ] Government may make rules consistent with this Act,
2[(a) providing for the exercise by any officer of the Home Guards of the powers conferred by section 4 on the Commandant and the Commandant General; ]
(b) providing for the exercise of control by officers of the police force over members of the Home Guards when acting in aid of the police force;
(c) regulating the organisation, appointment, conditions of service, functions, discipline, arms, accoutrements and clothing of members of the Home Guards and the manner in which they may be called out for service ;
(d) regulating the exercise by members of the Home Guard of any of the powers exercisable under section 5 of this Act;
(e) generally f
Members of the Home Guards acting under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code [XLV of 1860].
1[9A. Home Guards not disqualified from contesting elections to the State Legislature or local bodies
(1) A member of the Home Guards shall not be disqualified for being chosen as, and for being, a member of the1[Gujarat Legislative Assembly] merely by reason of the fact that he is a member of the Home Guards.
(2) Notwithstanding anything contained to the contrary in any other law for the time being in force, a member of the Home Guards shall not be disqualified for being, a member of any local authority merely by reason of the fact that he is a member of the Home Guards].
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1. Section 9A was inserted, Bom. 11 of 1950, section 9.
2. These word were substituted for the words "Bombay L
The Bombay Home Guards Ordinance, 1946 (Bom. Ordinance No. 1 of 1946), [Bombay Ordinance No. 1 of 1946] is hereby repealed:
Provided that the Home Guards constituted under the said Ordinance shall be deemed to be constituted under this Act; and all appointments and rules made under the said Ordinance and in force immediately before the coming into operation of this Act shall continue in force and be deemed to be made in pursuance of this Act.
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