WEST BENGAL NATIONAL VOLUNTEER FORCE ACT, 1949
(1) This Act may be called the West Bengal National Volunteer Force Act, 1949.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on the date on which the West Bengal National Volunteer Force Ordinance, 1948, ceases to operate.
In this Act, unless there is anything repugnant in the subject or context,
(a) "Advisory Committee" means 44. Words subs, for the words "the Provincial Advisory Committee" by the Adaptation of Laws Order, 1950. [the West Bengal National Volunteer Force Advisory Committee], the District Advisory Committee or the Unit Advisory Committee constituted under section 15 ;
(b) "Calcutta" means the town of Calcutta as defined in S.3 of the Calcutta Police Act, 1866, together with the suburbs of Calcutta as defined by notification under S.1 of the Calcutta Suburban Police Act, 1866 ;
(c) "Force" means the West Bengal National Volunteer Force ;
77. Sec. 3 renumbered as sub-sec. (1) of that sec. by W.B. Act 20 of 1964. (1) The 88. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may raise and maintain a volunteer force to be called the West Bengal National Volunteer Force and for that purpose enrol persons as volunteers from 'Calcutta and elsewhere in West Bengal:
Provided that the 88. Word subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may establish all or any of the units of the Force as and when necessary.
99. Sub-sec. (2) ins. by W.B. Act 20 of 1964. (2) Subject to the control of the State Government, the superintendence and direction of the Force shall be vested in the Inspector-General and all officers and subordinate other ranks of the Force appointed under section 5 shall be su
A volunteer, when called upon for duty, shall discharge such functions in relation to the protection of persons, the security of property and the preservation of the public peace in any area within West Bengal and such other functions as may be assigned to him by or under this Act.
The 1010. Words subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government or any person empowered in this behalf by the 1010. Words subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may appoint a 1111. Words subs, for the word "Provincial Commandant" by W.B. Act 7 of 1976, w.e.f. 26.1.1950. [State Commandant] of the Force and such other officers and such subordinate other ranks for, and for any unit of, the Force as the 1010. Words subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may consider necessary and may prescribe the powers and duties of such officers and subordinate other ranks in addition to the powers and duties conferred by this Act. Every officer and subordinate other rank shall have the privileges and protection conferred on an officer or subordinate other rank by or under this Act.
There shall be the following classes of officers and subordinate other ranks in the Force, namely : Officers.
(1) 1111. Words subs, for the word "Provincial Commandant" by W.B. Act 7 of 1976, w.e.f. 26.1.1950. [State Commandant],
(2) 1212. Words subs, for the words "Deputy Provincial Commandant" by W.B. Act 7 of 1976, w.e.f. 26.1.1950. [Deputy State Commandant],
(3) District or Unit Commandant,
(4) Company Commander. Subordinate other ranks.
(1) Platoon Commander,
(2) Sectio
Notwithstanding anything contained elsewhere in this Act the 1010. Words subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may, by Notification in the Official Gazette, direct that one or more corps or units of the Force be constituted or formed for any particular region within West Bengal or for any specified purpose.
1414. Sub-sec. (1) first subs, by W.B. Act 19 of 1983, w.e.f. 24.6.1983, then again subs, by W.B. Act 29 of 1989 w.e.f. 9.6.1989. Previous sub-sec. (1) was as under: "(1) Any citizen of India or any person having a permanent domicile in West Bengal who may offer himself for enrolment in the Force and who satisfies the prescribed conditions may be eligible for enrolment therein by such authority, in such manner and for such period not exceeding ten years as may be prescribed: Provided that every volunteer enrolled under this Act shall cease to remain under enrolment on attaining the age of forty-five years.". (1) Any citizen of India or any person having a permanent domicile in West Bengal who may offer himself for enrolment in the Force and who satisfies the prescribed conditions may be eligible for enrolment therein by such authority, in such manner and for such period as may be prescribed:
1717. Sec. 8A ins. by W.B. Act 19 of 1983.
(1) Notwithstanding anything contained in this Act, any citizen of India or any section 8, may offer himself for fresh enrolment in the Force and may, if he satisfies the prescribed conditions, be eligible for fresh enrolment therein by such authority, in such manner and for such period 1818. Words "not exceeding five years" om. by W.B. Act 29 of 1989, w.e.f. 9.6.1989. * * * * * as may be prescribed, provided he has not exceeded the age of 1919. Word and figures "50 years" first subs, for the word and figures "40 years" by W.B. Act 29 of 1989, w.e.f. 9.6.1989, then the word and figures within third brackets subs, for the word and figures "50 years" by W.B. Act 18 of 1999, w.e.f. 17.9.1999. [55 years] on the date of such enrolment.
(2) Every volunte
Every person enrolled as a volunteer under this Act may be posted for any period to any unit of the Force and thereupon he shall be bound to serve in the said unit for that period.
2121. Sub-section (al) ins. by W.B. Act 54 of 1950. (al) The State Government 2222. Words subs, for the words "or the Provincial Commandant," by W.B. Act 20 of 1964. [or the Inspector-General or the 2323. Words subs, for the words "Provincial Commandant" by W.B. Act 7 of 1976, w.e.f. 26.1.1950. (State Commandant),] a Deputy Provincial Commandant, a Unit Commandant, or a District Superintendent of Police, if authorised by the State Government in this behalf, may at any time call upon in such manner and through such officer as may be prescribed, any volunteer for discharging anywhere in West Bengal any functions assigned to him by or under this Act.
(1) The Commissioner of Police in Calcutta and the District Magistrate elsewhere may at any time call upon, in such manner and through such officer as may be prescribed, any volunteer in their respective jurisdictions, for discharging an
(1) A volunteer, when called upon for duty under 2424. Words, figures, letter and brackets ins. by W.B. Act 54 of 1950. WBL-2nd Ed-Vol-12/22 [sub-section (al) or] sub-section (1) of section 10, shall have the same powers, privileges and protection as a Police Officer appointed under any Act for the time being in force.
(2) No prosecution shall be instituted against an officer or a subordinate other rank or a volunteer in respect pf anything, done or purported to be done in exercise of his powers or in the discharge of his duties as such, except with the previous sanction of the Commissioner of Police in Calcutta or the District Magistrate elsewhere.
A volunteer, when called upon for duty under 2424. Words, figures, letter and brackets ins. by W.B. Act 54 of 1950. WBL-2nd Ed-Vol-12/22 [sub-section (al) or] sub-section (1) of section 10 to aid the Police Force, shall work under the orders of or be under the control of such officers of the Police Force as may be prescribed.
(1) If a volunteer, without sufficient cause, neglects or refuses to obey the orders of any superior authority or officer whom he is bound to obey, or fails to discharge any duty which he is bound to perform under this Act or any rule or regulation thereunder, or deserts his post, or is guilty of any wilful breach or disobedience of any provisions of this Act or of any rule or regulation thereunder, or lawful order made or issued thereunder by a competent authority, he shall be liable to be punished with simple imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.
(2) No prosecution shall be instituted against a volunteer for any offence punishable under sub-section (1), without the previous sanction of the Commissioner of Police in Calcutta or the District Magistrate
An officer or a subordinate other rank or a volunteer acting in the exercise of his powers or in the discharge of his duties under this Act or rules or regulations thereunder shall be deemed to be a public servant within the meaning of S.21 of the Indian Penal Code, 1860.
The officers or the subordinate other ranks referred to in section 6 or the members of any corps or unit of the Force constituted or formed under section 7 may form association:
Provided that there shall be only one association for such officers or subordinate other ranks or members of the corps or units of the Force.
(1) The [State] Government may, for the purpose of advising it on all matters of policy connected with the constitution and administration of the Force, constitute a [West Bengal National Volunteer Force Advisory Committee], District Advisory Committee and Unit Advisory Committee.
(1) No officer or subordinate other rank referred to in section 6 or volunteer of the Force shall without the express sanction of the State Government or of the authority prescribed in this behalf
(a) be a member of, or be associated in any way with, any trade union, labour union, political association, or with any class of trade unions, labour unions or political associations; or
(b) be a member of, or be associated in any
(1) The 2929. Words subs, for the word "Provincial" by the Adaptation of Laws Order, 1950. [State] Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the powers and duties 3030. Words ins. by W.B. Act 20 of 1964. [of the Inspector General and] of officers and subordinate other ranks referred to in section 5 ;
(b) the manner and conditions of, and the period for enrolment of a volunteer and the authority by which such enrolment shall be made referred to in sub-section (1) of section it,
(
Any appointment, enrolment or rules made or any Committee constituted or any notification issued or anything done or any action taken or any proceedings commenced in exercise of any power conferred by or under the West Bengal National Volunteer Force Ordinance, 1948, shall, on the said Ordinance ceasing, to be in operation, be deemed to have been made, constituted, issued, done, taken or commenced in exercise of the powers conferred by or under this Act as if this Act had commenced on the 27th day of November, 1948.
The 3333. Words subs, for the words "Provincial Commandant" by W.B. Act 7 of 1976, w.e.f. 26.1.1950. [State Commandant] may make regulations consistent with this Act and the rules made thereunder providing generally for all the details connected with the organisation and personnel of the Force and for the duties, training including courses of training, instructions, clothing, equipment, allowances and leave of persons enrolled.
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